Journal of the Senate of the State of Georgia, at the adjourned session of the General Assembly, at Atlanta, Wednesday, July 8th, 1891

JOURNAL
OF
THE SENATE
OF THE
State of Georgia,
AT THE
ADJOURNED SESSION OF THE GENERAL ASSEMBLY,
AT ATLANTA, WED~ESDAY, JuLY 8TH, r891.
ATLANTA, GA.: GEo. W. HARRISON, STATE PRINTER.
(Franklin Publishing House.) 1891.

JOURNAL.

SENATE CHAMBER, ATLANTA, GEORGIA,
wednesday, July 8, 1891, 10 O'clock A.M.

Pursuant to a resolution passed in December, 1890, providing for a recess of the General Assembly to this day, at 10 o'clock A. M., the Senate met and was called to order by the President.

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

The roll was called by the Secretary, and the following Senators answered to their names:

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

Glenn,

O'Neal,

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith"of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist.,Todd,

Lamb,

Vincent,

Lane,

'Valker,

Lanier,

warren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

1\ir. President.

A quorum being present, the President announced that the Senate would proceed with business.

The Secretary, by direction of the President, called the roll for the introduction of new matter, when the following bills were introduced, read the first time and referred as indicated, to-wit:
By :M:r. EllingtonA bill to incorporate the Bank of Thomson.
Referred to the Committee on Banks.

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JoURNAL OF THE SENATE.

By Mr. NunnallyA bill to incorporate the Bank of Social Circle. Referred to the Committee on Banks.

Also, by Mr. Nunnally-
A bill to incorporate the Bank of Jug Tavern.
Referred to the Committee on Banks.
Also, by Mr. Nunnally-
A bill to incorporate the Alcovy and Northern Railroad Company.
Referred to the Committee on Railroads.
By Mr. TerrellA bill to amend section 1676 of the Code of 1882, so as
to increase the liability of stockholders of private corporations chart~red by the Superior Courts of this State, and for other purposes.
Referred to the General Judiciary Committee.
Also, by Mr. TerrellA bill to amend article 7, section 2, paragraph 1, of the
Constitution of 1877, so as to authorize the General Assembly to levy a graduated income ta:x:, and for other purposes.
Referred to the Committee on Finance.
By Mr. ToddA bill to prohibit the manufa:cture or sale of spirituous
liquors within four miles of Level Creek Church, in Gwinnett county.
Referred to the Committee on Temperance.
Mr. Terrell offered the following joint resolution, which was on motion taken up and agreed to, to-wit:
Resolved by the Senate, the House of Representatives concurring, That a committee of three from the Senate and five from

WEDNESDAY, JULY ~. 1891.

5

the House, be appointed to notify His Excellency, the Governor, that the General Assembly is now in session and ready to receive any communication which he may desire to submit.
The Secretary was directed to transmit this resolution to the House.
Mr. warren offered the following resolution, which was.. read, and, on motion of Mr. Terrell, referred to the Committee on Railroads, to-wit:
Resolved by the Senate, the House concurring, That a committee of three from the Senate and five from the House be appointed to investigate the freight charges of the railroads of the State of Georgia, and report if they be ex-
cest:~ive.
By resolution of Mr. Glenn the Hon. W. T. Irvine, of the 42d District, was granted leave of absence until Monday next, on account of sickness in his family.

Mr. Callaway offered the following resolution, which was taken up, read, agreed to and ordered immediately transmitted to the House of Representatives, to-wit:

"Resolved, That the Secretary notify the House that the Senate has convened and is prepared for any business that may properly come before it."

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

Mr. President :
The House has concurred in the following resolution, to-wit:
A resolution appointing a joint committee to wait on His Excellency, the Governor, and inform him that the General Assembly have reconvened and are ready toreceive any communication he may desire to submit.
The committee on the part of the House are Messrs. Martin of Fulton, Twitty, Kemp, Jones and Johnson.

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JOURNAL OF THE SENATE.

The President announced as the committee on the part of the Senate, under the foregoing resolution, Messrs. Terrell, Lanier and Nunnally.
Mr. Terrell, Chairman of the committee on the part of the Senate to notify the Governor that the General Assembly had reconvened, submitted the following report:

Mr. President:
The committee from the House and Senate, appointed t() notify His Excellency, the Governor, that the General Assembly is now in session according to adjournment and ready to receive any communication that His Excellency might wish to make, report that they have discharged that duty and that His Excellency will communicate with the General Assembly in writing at a future time.
J. M. TERRELL, Chairman on part Senate.
The following message was received from His Excellency. the Governor, through :Mr. .J. W. \Varren, Secretary of the Executive Department:

Mr. President :
I am directed by the Governor to deliver to the Senate a. communication in writing, with accompanying documents.
The message of the Governor was taken up, but, on motion of Mr. Beck, the reading of the same was dispensed with and three hundred copies were ordered to be printed for the use of the Senate.
The message is as follows :

WEDNESDAY, JULY 8, 1891.

7

GOVERNOR'S MESSAGE.
ExECUTIVE DEPARTMENT.
ATLANTA, GA., jULY 8, I89I
To the Senate and House of Representatives:
I herewith transmit a communication from the Treasurer of the State calling your attention to certain bonds under date of August I, 1838, for which I ask your consideration:
ATLANTA, GA., JUNE 30, 1891.
His Ercellency, W. J. Northen, Gournor of Georgia: DEAR Sm-As our General Assembly will soon convene, I deem it
my duty to call their attention, through you, to demands that have been made upon me, for the payment of certain bonds (hereinafter deseribed) by Samuel R: M:aclean, Son & Co., of New York, and my reasons, as Treasurer of Georgia, for refusing to pay same :
The bonds are dated August lst, 1838, are each for five hundred pounds sterling, matured September 1st, 1868, and bear interest l!t the rate of five per cent. per annum; there are thirty of said bonds, making fifteen thousand pounrls sterling, with coupons of twelve pounds ten shillings attached to each, making three thousand pounds sterling, aggregating, principal and interest, eighteen thousand pounds sterling, or ninety thousand dollars. Said bonds are signed, George R. Gilmer, Governor, and Joel Crawford, President. Be. W. and A. R. R.

JOURNAL OF THE SENATE.

My reasons for refusing to pay s:une are as follows:

Under an Act approved March 2d, IS75, "All persons holding

IJonds of the State of Georgia, which matured prior to the 1st day of

January, 1872," were "requested to present the same to the Treasurer

uf the State for registration, on or before the 1st day of August, 187fi,

nml: upon failure so to present said bonds, and to submit the same

for registration, the same shall be deemed prima facie to have been

paid, and to have been illegally or fraudulently reissued and nego-

tiated."

Examining the records in this office, I could nowhere find the

record of registration of Faid bonds, to the contrary the report of

J. F. Bozeman, appointed under an Act of the General Assemby,

appro,ed MHrch 6th, 1875, "Provitling for the appointment of a

!!killful and competent person to make out a full and com~lete reg-

istry of all the bonded obligations of the State," which report is now

of file in my office. In speaking of the past due bonds of the State,

he uses the following language: " As regards the past due sterling

bonds of the State, no record appears to have existed at any time in

any department of the State government. Traditional information

teaches that only fifteen thouEand pounds were issued in boNds of

five hundred pounds ea<'h, and about the year 1!;40, and that said

bonds matured about the year 1870, and were redeemed by :Messrs.

Henry Clews & Co., and that they are now in the hands of one of. his

assignees." 'Vith these facts before me, when said bonds were pre-

sented I refused to pay same, and gave as my reason the law and

facts as above stated. Messrs. MacLean Sons & Co. have, in sundry

letters to your Excellency and to myself, seen proper to criticize

my refusal and my reasons therefor. Consequently, in order tbat tht:>.

demand for the payment of these sterling bonds may have a final

hearing, so far as the Treasurers of this State are concerned, I re-

spectfully suggest that the General Assembly investigate the out-

standing of mid sterling bonds, and if they are legal, due and unpaid,

to provide the means for paying same, and if illegal, or if they have

been paid as stated by J. F. Bozeman, let the General Assembly say

so in unmistakable terms by passing an Act forbidding the payment

<>f said outstanding sterling bonus. I am yours truly,

R. U. HARDEMAX, Treasurer of Georgia.

..

WEDNESDAY, JuLY 8, 1891.

9

UKSOLD LANDS.
An Act of the Gen~:ral Assembly, approved December 24th, 1890, required the Secrc~ary of State to in vestigate the status of certain unsold lots of land in this State. I lu:!rewith transmit his report upon the investigation.

PROTECTION TO PUBLIC PltOPERTY.
Much difficulty is experienced by the janitor and watchmen at the Capitol in checking or pre~entiog the pernicio11s habit of the malicious and thoughtless of defacing the walls and stairways of the building. These offenders cut or write upon the plaster or metal work and in some instances, I am informed, parties detected have .defied the watchmen and claimed the right to deface the walls with names and dates.
To better protect the public property I recommend such legislation as will properly punish such wantonness, and clothe the janitor and watchmen with power to arrest and convey to the guard-house, of Atlanta, any one guilty of defacing the building or otherwise disturbing or injuring the Capitol or its approaches.

OYSTER COMMISSION.
I herewith transmit the report of the Oyster Commission appointed under a resolution approved October 29, 1889.



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JOURNAL OF THE SENATE.

COLORED SCHOOL.
Under an Act, approved December 26th, 1890, "to establish a school for. colored persons as a branch of the State University; to appropriate money for the same and for other purposes," I appointed P. W. Meldrim, W.
R. Hammond, George T. Murrell, P. J. Cline and J. B.
Felder, a commission to procure the grounds and buildings necessary for the establishment of the school provided for.
The commission organized at once by the election of P. W. Meldrim, Chairman, and W. R. Hammond, Secretary and Treasurer. They advertised, in the press of the State, asking bids for the location of the school. For the purpose of having ample time for the consideration of mch bids, the commission determined to organize the school, temporarily, to be continued in operation until the permanent location might be satisfactorily determined upon.
Suitable buildings for temporary organization were secured at the city of Athens. The school was fully and well-officered and opened under favorable auspices, under the supervision of the Chancellor of the University and the control of the University Board of Trustees.
The schoo~ has been accepted as a branch of the State Uni\'ersity and the Chairman of the Commission has 'Jeen made ex officio a member of the Board of Trustees of the University. I have been officially informed by the Secretary of the Interior that certificaf-ion has been made to the Treasury Department for payment of first

WEDN~SDAY, JuLY 8, 1891.

11

and second annual installments, amounting to $31,000 for the benefit of the State University and this school.

SITES FOR GOVERNME~T BUILDINGS.
Communications have been received from the Treasury Department, at Washington, D. C., calling attention to the Acts of Congress making appropriations for public buildings at Rome and Columbus, Ga. These Acts require that the General Assembly of this State shall, by proper legislation, cede to the United States Government jurisdiction over such property as may be acquired for the purposes of said Acts. The Honorable Secretary of the Treasury recommends a general law for this purpose to cover these and all future Acts of similar character. I endorse the suggeston and think it would be a means of saving the trouble of passing separate Acts for each building ordered erected by the Government, as well as avoid the delays now experienced in waiting for the General Assembly to convene after Congress has voted the appropriations.

STATE UNIVERSITY.
I tnmsmit herewith the report of the Board of Visitors to the State University.
I call your attention also to the following resolution by the Board of Trustees of the State University and ask for it your consideration.
RESOLUTION. ResolVId, That for the establishment of a Normal School for the education of teachers at Athens, Ga., the Trustees of the Univeraity

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JoURNAL OF THE SENATE.

hereby tender to the General AESt::nbly the use of Rock College at Athens with so many acres of l::tnd SlliTOnrHling it (from six to ten) as may be needed, and the net annual income of the Gilmer Fund~ viz. $1,000 (one thousand dollars), given by Gov. Gilmer for the edu cation of teachers, and ask the acceptance thereof by suitable legisla tion, establishing such a school at the coming Eession in this year.
2. That a copy of this report and the action thereon be furnished to hi:> Excellency, the Governor, with request that he lay the same be fore the General Assembly.

It is no longer a matter of doubt in thP. minds of observing men, that the State needs a suitable training school for teachers.
In no other profession or trade is there such indifference to fitness as in the preparation of teachers for the duties demanded of them in the public schools. The State does not allow a druggist a license for his business until he has undc:rgone special preparation for his work. The State does not allow a physician to administer remedies t:ntil he has specially prepared himself upon the theory of medicine. In no prof~ssion or trade do we find men successful who have not taken special training or served an apprenticeship.
When such important d~ties are to be discharged as are made incumbent upon the teachers in our public schools, I cannot helieve they will be successfuly met in the absence of such training as could be furnished by a well equipped Normal school As long as the teachers of the State are without such benefits, just so long will the schools be inefficient. A simple knowledge of the texts will no more fit a teacher for proper instruction than the bare knowledge tb.at a statement is testimony

WEDNESDAY, JULY 8, 189f.

13

will prepare a lawyer for the proper handling of evidence.
The State has now sufficiently advanced in its educational system to begin the preparation of teachers to conduct its schools. No amount of money can make the schools successful, unless they are under the direction of competent teachers. Competent teachers cannot be secured unless they are specially trained under the Normal system.. The efficiencyof our system has been very greatly aided in this direction by the Peabody Institutes. In the event, from any cause, that aid should be withdrawn ~om the State we would be absolutely without resource for the proper preparation and training of teachers for the schools of the State.
It behooves the General Assembly to remedy one great deficiency in our schools by furnishing ~hem with good, well-trained teachers who understand the best and most approved methods of instruction. Th~ question to be considered is simply a question of trained teachers as against those who are not trained. Professional training brings greater power to benefit those for whum the lab~ is given and the compen:;ation must come in the greater good done to the children of the State under the work of trained teachers. The trained mechanic receives higher wages because he can do better work in less time than the cobbler. The physician is more patronized than the quack; because his remedies are intelligently administered. Your consideration is respectfully asked to the matter and the proposition in the resolution by the Board of Trustees of the University.

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JouRNAL oF THE SENATE.

PENSIONS TO WIDOWS.
In obedience to the Act approved December 23, r89o, granting pensions to certain widows of Confederate soldiers, early in April last, blanks were sent out to the ordinaries of the counties of the State. Calls were made upon these officials for estimates of the number of widows likely to apply for the benefits of the Act. From the replies received it was evident that there would be many times the number for which the General Assembly had made appropriation. Finding it impossible to adopt any rule by which I could select six hundred from among the large number of claimants who are entitled under the Act, I have held the amount appropriated until the General Assembly could supplement it, so that all may be paid.
Up to date about 3,400 applications have been approved and filed for payment, and others are being received every day. A number returned for additional evidence or for the correction of irregularities in making up the proofs w1ll be sent back 1::> this department, and I now estimate that there will be over four thousand widows who will show themselves entitled to pensions under the law.
It is estimated that at least 90 per cent. of these claimants are the widows of soldiers who were killed in battle or died of diseases in Northern prisons and army hospitals. With very few exceptions they are poor and dependent. For twenty-six years they have patiently waited for the State to recognize their claims upon its

.WEDNESDAY, JULY 8, 1891.

15

bounty, and I feel quite sure that it is not necessary to urge the Legislature to its duty in this matter.
In this connection I desire to repeat the suggestion made by my predecessor, and respectfully recommend the establishment of a Pension Office or Department. The very heavy work required in carrying out the pension laws overburdens the clerical force in the Executive Department. The law and Constitution limit the amount for pay of Secretaries and Clerk in this office, and the force or number of Secretaries cannot be increased. If the pensions are to be contin.ued, a separate department or bureau should be organized and this work transferred from the Executive Department proper. The growth of the State, and the natural increase of labor incident to a proper administration of the laws which specially require the attention of the Governor and his Secretaries, render it a matter of impossibility that the pension laws should be kept as at present.
The examination of the widows' pension claims which have been received, involved the careful reading of about seven thousands affidavits, and the writing of, perhaps, fifteen hundred endorsements and letters of enquiry and explanation. To this must be added the recording of 4,000 claims, with all the data necessary to fully identify the claimants, to be followed by the work of issuing as many warrant~ on the treasury, and sending the parties their pensions.

RELIEF FROM PE:NALTIES.
An Act to prescribe and fix a penalty upon all railroad companies in this State, which fail to pay to the State

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JOURNAL OF THE SENATE.

the taxes due by said railroad companies, by the first day of October, in each year, approved September 17th, 1889, provides that if any railroad company or companies, doing business in this State, shall fail or neglect to pay to the State all the taxes which such company or companies may be due and owing to the State for taxes by the first day of October in each year, then such raiL road company or companies shall incur a penalty therefor of five hundred dollars, and the Cooptroller-General shall imm~diately issue execution against such company or companies for the same and collect the same.
This action, taken by the State towards delinquent railroad companies, is in harmony with the Statt.:'s policy adopted towards insurance companies, requiring them to pay the taxes demanded of them by the State before the first day of July in each year, or incur a penalty therefor of five hundred dollars.
The Comptroller-General has been diligent in hunting up delinquents and enforcing the penalties under the statutes. In most cases the penalties have been promptly met, and the money, in such instances, paid into the treasury. When application has been made, the companies so assessed have lud the m'lney, forfeited for delay, returned to them under special Acts by the General Assembly. During the last session of the General Assembly, no less than eight bills were passed relieving railroad and insurance companies of the penalties provided under the~e laws.
Your attention is called to this action, because I have dedined, since your adjournment, to consider applications

.WEDNESDAY, JULY 8, 1891.

17

for suspensiOn of payment of penalties by o .her railroad companies, because I do not believe the policy of relief consistent with the best interests of the people of the State. If the law is a good one, the penalties shodd be enforced. If the law is hurtful and unjust it should be repealed. The Comptroller-General should not be required to enforce penalties that the General Assembly promptly relieve. If ignorance of the law is to be ple'lded as an excuse for its violation, our whole penal code could he set aside in many instances and society thrown into anarchy and misrule. If relief is wrong in the one case it is equally wrong in the other, as the majesty of the law is the same in both.
Again, when the State employs expensive machinery for the enforcement of its laws, it is but fair that the State should have the benefit of any advantage accruing from the penalty for violation of them. It will be seen that ~he contrary is the case under the policy now adopted in giving relief to delinquent companies.
A railroad or an insurance company delays payment of taxes until after the time provided by law. The General Assembly is then asked to remit the penalty. To do this a bill or resolution is introduced to take the legal process of enactment, which, when signed and approved, has cost the tax-payers of the State not less than ~200 Each company, therefore, relieved under the process now adopted, taxes the people of the State that the com-
pany may recover $sao rightfully due the treasury of
the State, under the company's neglect or possible indifference to the laws of the State.

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JOURNAL OF THE SENATE.

This condition of things is an especial hardship upon the people of this State, when the law is violated and the penalty forfeited by a company whose stock is not owned by citizens of Georgia.
The laws fixing these penalties should be enforced, or the Comptroller should be relieved of: his duties in the matter, if the penalties are to be uniformly remitted.

DIRECT TAX.
The attention of the General Assembly is called to an Act of Congress, approved November 2, 189r, "to collect and pay to the sevPral States and Territories and the District of Columbia all moneys collected under the direct tax levied by the Act of Congress approved August
.s, x86r."
This Act of Congress levied and apportioned among 'tbe inhabitants of the several States and Territories a direct tax of $2o,ooo,ooo, and provided machinery for its collection. This Act was passed in conformity with 3d clause, 2d section, article I of the Constitution.
Under this Act and amendments thereto, subsequently enacted, collections were made from individuals residing in various States. In other States payments were assumed
by the States, less rs per cent., allowed them thereon, by
law, to cover the expense of collection and losses in making the same.
The amount of tax imposed, in this way, upon the State ()f Georgia was $584,367.33
In x862, Congress passed an Act amendatory, providing for the more vigorous enforcement of the collection

WEDNESDAY, JULY 8, 1891.

19

of the tax in what Wt!re then known as the "insurrectionary States."
In certain portions of these States, Georgia among others, collections were enforced from individuals, from time to time during the war, as those portions were occupied by the Federal army.
Shortly after the termination of hostiliti~s, Congress suspended the collection of this tax. At the timt! of the .suspension there had been collected from Georgia the .sum of SS2,f27.47, as reported by the Direct Tax Commission to the fiftieth Congtess, at its first session.
The amount of collection e~1tered on this account as cash on deposit is $7 r,407 .7 5, the difference between these two sums being held by the government as necessary to cover the various .items attendant upon the cost of collection. This amount was collected, it is believed, from the counties of Bibb, Chatham, Monroe and Richmend. An investigation may discover others.
The Act of Congress, approved March 2 d, 189 r, to which your attentio:1 has been called, provides that the Treasun:r of the United States shall pay to the Governor of each State the amount credited, whenever the State shall have accepted, by resolution, the terms and provisions of this An, including the trust imposed. The Act of Congress "equires that when the sums, or any part thereof credited to any Stat~, have been collected by the United States from the citizens or inhabitant~ thereof, either directly or indirectly, or by sale of property, such sums shall be held in trust by such State for the benefit of those citizens or inhabitants from whom the amounts were collected, or their legal representatives.

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JOURNAL OF THE SENATE.

The Act further provides that no part of the money c.l'lected from individuals and to be held in trust as aforesaid, shall be retained by the United States as a set-off against any indebtedness alleged to exist as against the State in which such tax was collected.
All claims, as provided by this Act, must be filed with the Governor of the State within six years after the passage of the Act, March 2, r891, or be forever barred, and the money attributable thereto shall become tht! property of the State.
The books of the Commissioners for the State of Ge')r- gia are in charge of the Treasury Department at Washington.
If the trust is accepted the State will need tran~cript; of these books, so that when the money shall have been collected and deposited as a separate trust fund in the treasury of the State, it can be properly ciistrihuted, under a law to be enacted for the proof of claims.
Without expense to the State, I have made some examination into the work to be dont:, to obtain such information as will be necessary to the proper distribution of the fund. The work imolves careful, painstaking labor. The name of each tax-payer, amount paid, timt: of payment, county and number of district in which each tax-payer lived, should appear. These facts must b~ taken from the stubs of the receipt books by counties, and the names, amounts, etc., so copied, compared with the digests, and tht: additions made to show that the receipt stubs for each county and digest for same agree, both as to names and amounts assessed and collected.

.WEDXESDAY, JULY 8, 1891.

21

Then it must be seen that the total amrmn6 collected from the State agrees with the amount as.>essed according to digests.
The extra care and labor in doing this wGrk is made necessary by the fact that many errors have been discovered in the accounts made by the Commissioners in making out their books. The work is more clerical than otherwise, yet it requires very intelligent direction.

RAILROAD COMMISSION.
The railroad situation in Georgia demands the careful study and prudent and pro:npt action of the General Assembly.
It is well understood that the Constitution of the State has conferred upon the General Assembly the power and authority to regulate railroad freights and tariffs, to prevent unju3t discriminations and to require reasonable and just rates of freight and passenger tariffs, and that the General Assembly have enacted such laws as, in their wisdom, sustain the interests of the commonwealth.
Changes are constantly taking place, however, that demand, from time to time, further legislation to protect the people of the State from burdensome and unjust rates of freight.
When the stock of railroad corporations is held by ci~izens of this S~acc, or those who are immediately and personally interested in th::! develoi) n~nt of the State's resources, \'erv much might hl: prop~rly ldt to fnch corporations themseive:<, because of interdependent or mutual relations. If it ~hou:::l he true tk~t

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JOURNAL OF THE SENATE.

the railroads of the State are, in any large or controlling me:1~ure, owned and operated by p.!rsons not identified with the interests of this State, then the profits become merely speculative. Any road, beginning and terminating inside the State's limits, must depend absolutely for its maintenance upon the development of resources along its line. The management, therefore, cannot afford to ignore or destroy these local interests. The moment the corporation is extended a~ross the border it finds other resources and other business connections out:;ide the State, and, under our interstate laws, puts itself beyond the authority of the State's control, and in a position to make demands for freight rates that are unjust, burdensome and oppressive.
The situati0n is especially to be considered, the more the roads of the State are brought under one and the same corttrol and ownership, having the effect "to defeat or lessen competition in their respective business or to encourage monopoly." Just this condition ~ow obtains in Georgia. A large number of the most important roads in the State have come under one management. They have interstate co~nections, and being owned largely for speculative purposes and not for the permanent development of the State, the interests of the State demand that the people shall be protected against unjust and oppressive rates.
This whole subject should receive the careful investigation of the General Assembly. I earnestly recommend such legislation as will prevent unjust discriminations and oppressive rates.

WEDNESDAY, JULY 8, 1891.

23

In this connection I desire to call your attention to the accompanying communication from the Railroad Commission recommending certain changes in the law:

RAILROAD COMMISSION OF GEORGIA.
AnAXTA, Jmm 23o, 1891. His Ea-cellency, W. J. Northen, Gm:ernor, Atlantn, Ga.:
Sm-By the Act establishing the Railroad Commission of Georgia, approved October 14th, 18i9, it is made the duty of the Commissioners appointed under said Act, "To recommend from time to time such legislation as they may deem adyisable under the provisions of this Act."
In obedience to this requirem~t we deem it our duty to call at-
tention to what seems to be a defect in the present law. Section Xo. 9 of the Act referred to is as follows: SEc. IX. "That if any railroad company doing business in this
!"tate, by its agents or employes, shall be !?Uilty of a violation of the rules and regulations provided and prescribed by said Commissioners; and if, after due notiee of such violation given to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation, as may be directed by the Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offense of not less tlHm one thousand dollars; nor more than five thousand dollars, to be fixed by the presiding judge. An action for the recovery of such penalty shall lie in any county in the State where such violation has occurred, or wrong has been perpetrated, and shall be in the name of the State of Georgia. The Commissioners shall institute such artion through the Attorney-General or the SolicitOrGeneral, whose fees shall be the same as now provided by the law."
This section. furnishes the mode of enforcing compliance with the rules and regulations of the Commission. It will be seen that, under its provisions, no action can be brought to recover the penalty fixed by the law for the violation of such rules and regulations until after notice is given the principal officer of the railroad company, and there is a failure on the part of the company to make ample and full recom-

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JOURNAL OF THE SENATE.

pense for any injury done to any person or corporation, within thirty cays after said notice.
Upon its face, this provision appears to be not only just but sufficient; but its practical operation has eonyinceu us that it is inadequate to effect the purpose for which it was intended.
For example: A circular prescribing certain rates is made and issued by the Commission. The railroad company aclopts a policy of disregarding tl1is circular and refuses to conform it.! charges to it. The amount illegally exacted from each shipper is a small one, but it swells in the aggregate to a large sum.
Perhaps not more than one shipper in a hundred, knowing that an illegal charg0 has been demanded, makes complaint to the Commission. In most cases the oYercharge amounts to only a few dollars; in many it is less than one dollar. When complaint is made to the Commission and notice of the same is gin~n, the railroad company, within the thirty days ~.!lowed by the Act, refumls the oyercbarge, thus disposing of that compiaint, and continues the policy of disregarding the rate fixed hy the Commis~ion. The proportion thus refunded is so small as compared with the aggregate amount of these overcharges collected, that pntctieally the object of the circular is defeated and the rules and regulations of the Commiss:on arc Yiolated. Instances have occurred in our experiencP where the railroad company has adopted this policy, and the result has l.Jeen as we haye stated.
The provisions of the Act referred to are mlcquate ancl proper where the violation of the orders of the Railroad Commission are unintentional and inadvertent; but, in cases where these rules are wilfully and persistently violated in pursuance of a settled policy adopted by the Railroad Commission, it would seem that more prompt and vigorous measures to preyent such violation and punish the same should be provided by law.
We recommend, therefore, that said section should be so amended as to authorize the Com:nissioners to institute an action to recover the penalty provided by the law, without giv it~g the railroad company notice to make reparation, in ail cases where the Commissioners are satisfied that the violation of their rules and regulations is wilful
9
and intentional. It is intended, of eourse, that tbis power shall be

'VEDNESDAY, JULY 8, 1891.

25

cautiously exercised by the Commission, and in cases only where the facts show plainly that such course is necessary to prevent the railroad company from practically nullifying the rules and regulations adopted by the Commissioners in pursuance of law.
It is true that section No. 16 of the Act establishing the Commission proyides :
"SEc. XVI. That every officer, agent or employe of any railroad company who shall wilfully neglect or refuse to make and furnish any report required by the Commissioners, as necessary to the purpose required by this Act, or who shall wilfully or unlawfully hinder, delay or obstruct the Commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum not less than one hundred, or more than live thousand dollars, for each -offense, to be recovered in an action of debt in the name of the State.''
It can scarcely be held that this section would meet the case we have mentioned. In order to relieve the question of all doubt, and <lefine clearly the duty of the Commissioners in the premises, we think an amendment substantially embodying the suggestions we have made would improve the law, and tend to more prompt and .t:atisfactory enforcement of its provisions.
Yours truly, L. N. TRA~D!ELL, Chairman.
Your further attention is asked to this additional communication from the Railroad Commission:

ATLANTA, JUNE 1, 1891. Ilis Excdlency, W. J. Northen, Oovernor:
Sm-In pursuance of an Act of the General Assembly of Georgia entitled "An Act to enlarge the powers of the Railroad Commission oi Georgia, to prescribe for them additional duties, and for other purposes," approved Decemberl9, 1S90, the Commission investigated the through freight rates in force from points in Georgia to points -out of Georgia, and from points out of Georgia to points in Georgia on tbe lim~s of the 'Vestern and Atlantic Railroad Company, the Ceatral Railroad Company, theEastTennessee, Virginia and Georgia

26

JOURNAL OF THE SENATE.

Railroad Company, and the Savannah, Americus and Montgomery Railroad Company. In the opinion of the Commission these rates are discriminating in their nature.
The Commission called the attention of the officials of said roads to the fact, and urged upon them the propriety of changing such rates. They, however, ha>e declined to make the changes suggested by the Commission.
The Commission bas therefore determined to present the facts to the Interstate Commerce Commission, and appeal to it for relief as provided in the Act reierred to.
The Act further provides that the Commission, in all work devolving on it in this connection, shall receive, on application, the services of the Attorney-General of the State. In the absence of the AttorneyGeneral we deem it proper to report thcEe facts to you, and to state that we are prepared to furnish the data and facts necessary for instituting said proceeding to whomsoever you may designate to represent the .Attorney-General in this matter.
Yours respecttully, L. N. TR.UUIELL,
Chairman Railroad Commission.

To this communication I replied that the continued illness of the Attorney-General made it impossible for that officer to render the necessary aid before the courts~ and that I had been compelled to employ the services of a competent attorney to discharge the duties of that office, at a very heavy expense to the State; and, as the contingent fund provided by the. last session of this General Assembly has been very nearly exhausted, I would refer the matter of this communication to you for consideration and action.
I now ask that the General Assembly will "take such action as will at once enable the Commission to enforce the provisions of the Act to which the Commission has called attention.

WEDNESDAY, JULY 8, 1891.

27

THE VOLUNTEER FORCES.
It is my pleasure to commend most heartily the action of the General Assembly in maintaining the military organization of the State. Such an organization as the State is now encouraging and aiding, is just as essential to the well-being and peace and good order of our peopl~ as any branch of the civil government. Under the most favorable conditions of society, there are always unruly and disturbing elements that must be constantly kept under menace and control. The peculiar conditions tb.at confront the people of this State make a well organized, thoroughly drilled military force absolutely necessary for the preservation of peace and the protection of life and property.
The State is fortunate in having among its best citizens competent military men who are willing to serve as members of a Board advisory to the Governor, entirely without compensation or reward. This is an evidence of patriotic devotion, under heavy personal sacrifice, that the General Assembly cannot but highly commend.
Under some irregularities, in the hurry of legislation during your previous session, the Military Advisory Board determined that they were not authorized to establish a permanent encampment for the instruction of the volunteer forces of the State. In obedience to an Act approved November II, r889, the Board continued the annual encampment therein provided for.
Under the laws governing the report of the FP.deral officers in command ot the camp, l am not allowed

28

JouRNAL OF THE SENATE.

to submit for your consideration any part of the official statement to be made to the general government. I am permitted, however, from personal conference with these officers, to say that, in all particulars, they put the volunteer forces of this State fully abreast of any on the continent, as far as their knowledge or official connection has gone. In many particulars, they rank the military organizations uf this State far ahead of any and all others. It gives me special pleasure to note the commendations of these officers upon the personal character and social standing of the men who make the volunteer forces of this State. In this we will be specially commended to the general government. The soldierly bearing of the State's troops will be commended as eminently above the average, and equal to the foremost, among the States. The diligence, application and aptness in the school of the soldier will be specially and heartily approved by the ofTicers in charge. The good order and subordination, under the severe tests put upon the men, will make a marked feature of the report to be submitted.
Whilst the encampment, demanding, as it does, absence from home, neglect of business and heavy perl'ional sacrifice on the part of the volunteer troops, is supported by the State, the amount received by the men does not at all compensate for the personal inconvenience they suffer, and is in no way commensurate with the protection to life and property th~y furnish. The military is as much a necessity for the preservation of order and the maintenance of law as the civil branch of the government. The State cannot afford to dennnd, abso-

WEDNESDAY, JULY 8, 1891.

29

lutely, volunteer service from the one any more than from the other. No class or number of our citizens should be expected or required to prepare themsel\'est solely at their personal expense, to def<:nd the lives ;:~nd property of any other class or number of .citizens. If the State supports the courts to prosecute the violators of law, the Stat~ is equally bound to support thP. military that prevents the riotous uprising of the rabble and S'.lbdues the violence of the maddened mob.
Under an act of the General Assembly, approved December 22, r89o, the volunteer forces of the State were ordePed into camp. The First, Second and Ninth Regiments and the Seventh and Third Battalions have each spent one week in camp.
The First and Fourth Battalions of infantry and the First Battalion of cavalry and the Atlanta Artillery w.:re also ordered into camp, but before the time indicated in the order arrived, the appl"Opriation made by the General Assembly for the transportation and maintenance of the troops was exhausted, and the encampment was suspended until further action by the General Assembly. The State's money cannot be better expended than in guarding the property arid the lives of its c tizens.

THE PENITENTIARY AND PENAL LAWS.
The penitentiary system of this State has been the subject of much discussion and some criticism and condemnation ever since its organization. It is worthy of note that no practical suggestions have materialized into a

.30

JoURNAL OF THE SENATE.

better system, as a result of the investigation anddebate.
The contract between the State and the lessees was proposed and dictated by the State. The lessees ac-cepted the contract as formulated by the State. If the system is not in harmony with good government, the State alone is responsible, and the lessees are in no way to blame, except in its abuse.
I respectfully submit that when the contract entered into by the State was accepted by the lessees, the right to condemn the system, as such, pass~d beyond the power or the right of the State.
Not only is this true, but the policy, if justified, has a most hurtful effect upon the convicts themselves.
It produces a degree of unrest and a spirit of rebellion not easily controlled by the superintendents of the camps.
The penitentiary is a place of punishment for criminals. It is intended to be, and ought to be, so severe in its penalties as to deter men from crime, under the dread of its punishment. It is the duty of .the State, therefore, to give all possible help to the lessees in enforcing the laws of the State for the prevention of crime a:1d the protection of society.
In doing this, it is the duty of the General Assembly to guard, in every sense, the State's interests, under the contract, in enforcing the proper penalties of the law and demanding the humane treatment of its convicts, and to protect, on the other hand, the interests of the lessees as .stipulated in the agreement.

WEDNESDAY, JULY 8, 1891.

31

To do this, the General Assembly has made it the duty of the Governor and the Principal Keeper of the Penitentiary and his assistants, together with the grand juries of the various counties where the camps are located, to represent the State. These officials, and these alone, should be held to strict account by the General Assembly for any abuse of the system or any violations of the contract between t.he State and the lessees.
Accepting, for this office, the proper shlJ.re of this responsibility, I shall see, so far as I may be able, that the State's interests are protected, that the penalties for violated law are enforced, that the persons of the convicts are not abused and that their morals are as well cared for as the nature of the contract between the State and the
lessees ,.,.ill permit.
I cannot understand that the State has discharged its duty to this unfortunate class of our citizens, when they are confined in one common stockade and protected from abuse solely in their persons. There is, in every man, a better part than his back.
It is to this interest I would call your attention. If it is the duty of the State to prevent improper personal , abuse, it is much more the duty of the State to prevent any treatment, contact or influence, that will degrade or . destroy the virtue and the morals of any citizen, however criminal before the law.
With this view, I have ordered the absolute separation of the sexes in their confinement and work in the convict <:amps. This separation is now complete, and it meets the hearty acquiescence of the lessees.

32

JOURNAL OF THE SENATE.

Some of the lessees have practically separated the races. I hope, at an early day, wi1hout violence to the contract entered into with the lessees, to have the races practically kept apart.
Whene,er it can be avoided, I shall insist that a white man and a colored man shall not be fastened to the same chain. The State has no right to require or allow the humiliation or degradation of a convict beyond the immediate penalty of the law. No criminal, however guilty, ever sacrificed his right to the protection of his virtue and his moral manhood.
I earnestly press upon your consideration such action as will justify the further separation of convicts, as far as may be, according to the grade of crime. This, of course, cannot be sought in violation of the contract entered into with the lessees.
Under present conditions, many violators of law, not specially hardened in crime, are confined for five, ten or twelve years, as the case may be, and placed under the most dangerous moral influences, without any special restraint provided by the State. At the expiration of the different terms of service, these convicts, educated in the methods and means of all kinds of crimes, are turned loose upon society to make disorder, lawlessness and violence of which they had no knowledge or conception at the beginning of their terms.
It must be understood that our penitentiary is the gathering together of the State's most abandoned people, and that the moral influence of such an assemblage, upon one young in crime, is most fearful in its tendencies.

-WEDNESDAY, JULY 8, 1891.

33

Our present system of indiscriminate confinement and mixing of convicts in one common stockade, without moral restraint, is but a school for crime, making for society, when set at liberty, educated criminals instead of useful citizens. Under this system, it is a matter of doubt if the State could not better afford to allow petty misdemeanors to go free of punishment, rather than have its people educated to higher crimes.
If the best ends of the government are served, the General Assembly should provide such separation of convicts as will not further degrade or make more depraved the criminal, or destroy his chances for usefulness or VIrtuous living.

A REFORMATORY.
For misdemeanor convicts, I would specially urge a reformatory by the State.
The peculiar condition of our society, leaving some classes of our people without proper parental control and the restraint of ho~e influence, allows many petty violations of the law, by those of tender years, that should find some wholesome restraints under reforming influences.
The object of all punishment is two-fold: 1st, to prevent crime; zd, to reform the criminal. I undertake to say, that, in many instances, our present system does not effectually accomplish either purpose. On the contrary, it increases crime by hardening the criminal. It is far more in harmony with good government to prevent crime than to punish th8 criminal.
3
. ~RfON COUllER

34

Jot:R:'<AL OF THE SENATE.

CODIFY THE LAWS.
The government of the penitentiary and the management of the convicts would be much more effectual if the General Assembly would authorize the laws governing the system to be codified. The regulations could be much m0re readily understood by the lessees, those in control of the camps and the State officials, as well as all citizens who may desire to know something of the management of the system.
JAILS.
A matter imp<!ratively demanding the attention of the General Assembly is the condition of the county jails in this State. Violators of law are oftentimes confined six months or a year in jail, awaiting trial or sentence. In many instances, they become so hopelessly diseased that they are made invalids for life, or they are turned over to the lessees, a burden to themselves and a great care on the hands of the lessees. This is no part of the penalty
affixed to the law, and the S...t.ate permits a great wrong
done when such treatment goes unpunished. These evils are common and they should be remedied. An additional officer, attached to the Penitentiary Department,
I
whose duty it shall be to inspect and report the condition of the jails of the State, under regulations for the care and well-being of inmates, would serve the good of \hese unfortunate people and saye the name of the State.

. _; ~.

'VEDNESDAY, JULY 8, 1891.

35

DELAYS IN THE LAW.
I again call your attention to unnecessary delays in the enforcement of the criminal laws of this State. Such delays occasion and provoke violent disorder. Furthermore, delays, long continued, bring upon the people heavy burdens in the way of taxation for the maintenance of criminals and the expenses of the courts.
I recommend such changes in the law as will allow all bills of exceptions in criminal cases to be governed, -in all respects, where applicable, by the laws and rules now of force in reference to bills of exceptions in cases of injunction, and that the Supreme Court be required to give speedy hearing and determination in such criminal .cases, and that it be given power, if the case is affirmed, to order- the sentence of the lower court to be executed. If the case is capital, and the accused is sentenced to .death, require the court to fix the time and place of execution, and order the sheriff to execute the sentem:e. If the sentence in the lower court is confinement in the penitentiary, require that the Supreme Court order the immediate execution of that sentence, and so in misdemeanors.
The disposition of criminal cases is certainly as important to the good order of the State as the disposition of injunctions. Let there be an end of this delay. Let the tax-payers of the State be freed from these unnecessary and burdemome jail fees and court expenses, and :-then the penalty will follow the violation of law, swift and .sure. As the law now stands, a criminal can be tried

36

.JouRXAL OF TH~~ SEXATE.

and convicted in Atlanta in January. He has 30 days in which to file his motion for a new trial. He then has as much time as the court will allow him before his motion is decided, and after this, has 45 days in which to file his case in the Supreme Court. The spr~ng term of that court is then over, and the case is put on the docket for the October term, and heard by that court sometime in the fall or winter. So it takes about twelve month:; from the time of conviction before the criminal is resentenced in the Superior Court. These delays are not the fault of the courts, but of the system heretofore provided by the legislature.

WESTERN AND ATLANTIC RAILROAD COMMISSION.
I herewith transmit the decision of the Commission, appointed under a resolution "to create a Commi:-;sion to consider the claims between the lessees of the Western and Atlantic Railroad and the State of Georgia," with my approval of the same.
Under authority given me "to fix the sum to be paid as compensation" to said Commission, before the Commission entered upon its work, I stipulated fifteen hundred dollars as the amount to be paid each member.
By the further provision of this resolution authorizing the Governor "to employ such counsel to aid the Attorney-General in conducting the investigation upon the part of the State as he might deem necessary," I employed Hon. Clifford An-:lerson at a fee of fifteen hundred dollars, and Hans. John I. Hall and W.Y. Atkinson, at a fee of one thousand dollars each.

WEDNESDAY, JULY 8, 1891.

37

Under still further provision of this resolution, authorizing " All other expenses incident to the investigation and disposition of this matter," to be paid by the State, the Commission employed a sergeant-at-arms, a stenographer and a porter. These salaries were not fixed by the C 1mmis!'ion.
I recommend the appropriation of a sufficient sum of money to pay all the expenses of the Commission, together with the accounts for printing made by the Com~ mission.

At an early day, I will transmit the report of the State School Commissioner and accompanying recommendations, together with some matters pertaining to other departments of State.
Many important interests are to be considered at this session of the General Assembly. The people look confidently to your diligence and your wisdom for the welfare of the commonwealth. Throughout the land there is a degree of unrest and dissatisfaction. The masses are carrying heavy and increasing burdens, unjustly placed upon them by oppressive monopolies that are created and maintained by high tariff taxes and hurtful financial legislation. The crop prospect in this State is not promising or favorable. A failure in our agriculture means a shock to all our business interests, and the p~ople are not now in condition to carry any increased taxation.
All th('se conditions, the General Assembly should wisely <~nd carefully consider, in their efforts to advance the interes:s of the State and make prosperous its people.
W. J. NORTHEN.

38

JOUR~AL OF THE SENATE.

By privileged resolutions the following distinguished visitors were invited to seats in the Senate during their stay in this city, viz.: Hon. \V. l\1. Fulcher, of Burke county; the Hon. B. D. Evans, of \Vashington county; and Mr..John T. West, of McDuJfie county.

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

Jfr. President:
The House have agreed to the following joint resolution, to-wit:

Resolved, That the Governor be authorized to draw on the

funds appropriated for 1892 to pay the expenses of the

fourth week's encampment.

~

And I am instructed to immediately transmit the same to the Senate.

On motion of 1\Ir. \Varren, the joint resolution reported in the foregoing message from the House was taken up, under a suspension of the Rules, to-wit:

A resolution to authorize thfl Governor to draw upon the appropriation of 1892 for an amount sufficient to pay for the fourth week's encampment.

Upon the question of concurring in this resolution Mr. Lane required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Beck, Bennett, Boyd, Cabaniss, Callaway, Candler, Culver,

Flint,

Smith of 28th Dist.,

Glenn,

Terrell,

Hodges,

Todd,

Johnson of 21st Dist., walker,

Lamb,

\Varren,

McRae,

'Villiams,

Xunnally,

"Witcher.

Those who voted in the negative are Messr!".-

Beard, Brown,

Golden, Harlan,

Mullis, Patton,

THURSDAY, JULY 9, 1891.

39

Culpepper, Eason, Ellington, Gill,

Harp, Hill, Lane, Lanier,

Smith of 6th Dist., Strickland, Tatum, Vincent.

There are ayes 21; there are nays 18.

The President declared that less than a constitutional majority having voted in the affirmative the resolution was not concurred in.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion of Mr. Strickland, to 10 o'clock A. )1. to-morrow.

SEXATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 9, 1891, 10 O'clock A. 111.

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

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

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

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

Glenn,

O'Neal,

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of ~8th Dist.,

Hill,

Strickland,

Hod~es,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39thDist.,Todd,

Lamb,

Vincent,

Lane,

'Valker,

Lanier,

'Varren,

-:\IcRae,

Williams,

-:\Iullis,

Witcher,

Xunnally,

Mr. President.

The Journal was read and approved. Mr. Nunnally gave potice of his intention to move are

40

JoURNAL OF THE SENATE.

consideration of so much of the .Journal of yesterday as relates to the refusal of the Senate to concur in the resolution of the House to authorize the Governor to draw upon the appropriation of 1892 for an amount sufficient to pay for the fourth week's encampment.

Mr. Nunnally submitted a motion to reconsider, in accordance with his notice given.

On the question of reconsidering Mr. Strickland required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Beck, Cabaniss, Callaway, Candler, Culver, Flint,

Glenn,

Smith of 28th Dist.,

Johnson of 21st Dist., Terrell,

Lamb,

Walker,

McRae,

Warren,

Nunnally,

williams,

O'Neal,

-Witcher.

Those who voted in the negative are :Messrs.-

Beard, Bennett, Boyd, Brown, Culpepper, Eason, Ellington, Gill,

Golden,

Mullis,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Johnston of 39th Dist.,Todd,

Lane,

Yincent.

Lanier,

There are ayes 18; there are nays 23.

So the motion to reconsider did not prevail.

On motion ofl\Ir. Callaway, leave of absence was granted Mr. Zachry until Monday next, including yesterday.
By resolution of l\Ir. Ellington, Prof. N. E. \Yare, of Hawkinsville, Ga., was tendered a seat in the Senate.
By resolution of l\Ir. Hill, the Hon. 0. B. Stevens, of Terrell county, was invited to a seat in the Senate.
Mr. Candler offered the following,resolution, which was

THURSDAY, JuLY 9, 1891.

41

taken up under a supension of the Rules, agreed to and or-
. dered to be immediately transmitted to the House, to-wit:
Re8olved by the &nate, the Hour5e concurring, That a special committee of five from the Senate and sever. from the House be appointed and directed to draft and report bills, modifying, consolidating and equalizing the Pension Laws of this State, both as applied to maimed and disabled soldiers, and widows of soldiers.

The President announced as the committee on the part of the Senate :
Messrs. Candler, Johnson of 21st District, Cabaniss, Nunnally and \Valker.

Mr. Bennett offered the following resolution, which was read and referred to the General Judiciary Committee, towit:

WHEREAs, House Bill No. 364, introduced by Mr. John-

son of the county of Appling, entitled, "An act to amend

an act to authorize and require the registration of all voters

in the county of Appling, approved October 7th, 1885," and.

passed by the House of Representatives on the

day

of

came to the Senate and was passed on the

21st day of December, 1890, and was on the day following

reconsidered, on the motion of Mr. H. A. Bennett, Senator

from the 3d District, and laid upon the.table on his motion,

also; and

wHEREAs, The bill aforesaid, by a clerical mistake, was sent, with other bills which had passed the Senate, t~ the Clerk of the House of Representatives, and was by the Clerk enrolled and sent to the Governor, on the 24th day of December, 1890, and approved by hiin on the 27th day of December, 1890, under the supposition from the entries made thereon that the bill had been duly passed by both branches of the General Assembly; and

WHEREAs, The Journal of the Senate shows the facts to be as above stated, that the bill on the day following its first passage by the Senate was reconsidered and laid upon the table; therefore be it

42

JOURNAL OF THE SENATE.

Resolved, That the Governor be requested to procure from the office of the Secretary of State the bill above mentioned, and return it to the Sen~te, inasmuch as it cannot be construed to be a law for the reasons above stated.

Under a suspension of the Rules for~1the introduction of new matter, Mr. Terrell introduced the following bill, which was read the first time and referred to the General .Judiciary Committee, to-wit:

A bill "To amend section 3910(d) of the present Code of Georgia, embodying section ] of the act approved December 16th, 1878, entitled, ' An act to carry into effect paragraph 2, section 18, article 6, of the Constitution of 18i7,' etc., so as to require that the entire list of the persons selected as jurors by the Jury Commissioners, as therein' provided, shall constitute the list of traverse jurors for the county."

On motion of Mr. O'Neal, the following bills of the Senate, pending before the Committee on Banks, of which he is the Chairman, were read the second time and recommitted to that committee, to-wit:

A bill ''To incorporate the Jackson Savings and. Banking Company";
A bill "To incorporate the Bank of Social Circle" ;

A bill "To incorporate the Bank of Jug Tavern'' ; And a bill ''To incorporate the Bank of Thomson."

The following communication was received from His Excellency, the Go,ernor, through 1\Ir. 'Vanen, his Secretary, to-wit:

Jfr. President :
I am directed by the Governor to deliver to the Senate a communication in writing.
On motion of 1\Ir. Callaway, the message of the Governor was taken up and read, and is as follows :

FRIDAY, JuLY 10, 1891.

43

ExECUTIVE DEPARTMEl'iT, Atlanta, Ga., July 9, 1891.
To the General Assembly :
I have the honor to inform you that, on the 22d of January last, by the death of Oscar H. Roger~, Esq., a vacancy occurred in the office of Solicitor-General of the Middle Judicial Circuit.
On the 2d of February following B. D. Evans, Esq., of the county of Washington, was appointed to fill the vacancy until the present meeting of the General Assembly. The duty devolves upon you to elect, at this session, an incumbent of said office for the unexpired term of four years from January 1, 1889.
\V. J. NoRTHEN.

l\Ir. Culver offered the following resolution, which was taken up, read and agreed tb, and, on motion of Mr. Witcher, ordered to be immediately transmitted to the House, to-wit:
WHEREAs, There is a vacancy in the office of SolicitorGeneral of the Middle Judicial Circuit; therefore,

Re.solved by the Senate, the House of Representati,ves concurring, That the General Assembly convene in joint session at 12 o'clock, meridian, on to-morrow, for the purpose of filling said vacancy.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, to 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATL.-\NTA, GEORGIA, Friday, July 10, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chau.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

44

JOURNAL OF THE SENATE.

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

Beard,
B~ck,
Bennett, Boyd, Brown, Cahan iss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill,

Glenn,

O'Neal,

Golden,

Patton,

Harlan,

Rmith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

Warren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Mr. President.

The Journal was read.

1\Ir. Lanier, Chairman of Committee on Temperance, submitted the following report:

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

A bill to prohibit the manufacture or sale of spirituous liquors within four miles of Level Creek church, in Gwinnett county, Georgia.

Respectfully submitted.

R. H. LANIER, Chairman Committee.

l\Ir Cabaniss, Chairman of the Committee on General J udiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, and that 100 copies be ordered printed for use of the Senate, to-wit:

FRIDAY, Jur.Y 10, 1891.

45

A bill to amend section 1676 of the Code of 1882, so as to increase the liability of t>tockholders, and for other purl?oses.

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

A bill to amend section 1319 of the Code of 1882, and for other purposes.

Respectfully submitted.

CABANiss, Chairman.

1\Ir. Terrell, Chairman of the Committee on Finance, submitted the following report:

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

A bill to amend article 7, section 2, paragraph 1, of the Constitution of 1877, so as to authorize the General Assembly to levy a graduated income tax, and for other purposes.

Respectfully submitted.

J. M. TERRELL, Chairman.

The following message was received from the House of Representatives, through 1\Ir. Hardin, the Clerk thereof:

Mr. President:
The House:of Representatives have adopted the following resolution, in which they ask the concurrence of the Senate, to-wit :
A resolution instructing the Keeper of Public Buildings to have the elevator in the Capitol operated while the General Assembly is in session.
The House has concurred in the following resolution of the Senate, to-wit:
A resolution convening the General Assembly in joint session at 12 11r. on Friday, .July lOth, for the purpose of

46

JOURNAL OF THE SENATE.

electing a Solicitor-General of the Middle Circuit, to fill the vacancy caused by the death of 0. H. Rogers.
The resolution from the House instructing the Keeper of Public Buildings to have the elevator operated during the session, was, on motion, taken up and read, and being submitted to the Senate, 'vas not concurred in.
On the call of the roll for the introduction of new matter the following bills were introduced, read the first time, and referred as indicated, to-wit:
By Mr. Candler-
A bill to authorize the Judges of the Superior Courts of this State to fix and prescribe the grade of turnpike roads in this State, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. O'KealA bill to amend the General Appropriation Act of 1890
by reducing the appropriation to the volunteer forces of the State from twenty-five thousand dollars to ten thousand dollars, and for other purposes.
Referred to the Committee on Finance.
By Mr. Strickland-
A bill to exempt Confederate soldiers from public road duty, and for other purposes.
Referred to the General Judiciary Committee.
Mr. Ellington offered the following resolution, which was taken up, under a suspension of the rules, and agreed to, to-wit:
Resolved by the &nate, the House concurring, That a committee of two from the Senate and three from. the House b3 appointed to investigate the railroads of Georgia, to as eertain which, if any of them, have violated the provisions of their charters, and otherwise acted contrary to the laws and Constitution of this State, and make report of the proceedings to this General Assembly.

FRIDAY, .Jr:LY 10, 1891.

47

Be it further resohed, That said committee be authorized to employ a stenographer, to send for persons and papers, and do all other acts necessary to carry out the intention of this resolution.

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

Mr. President:
The House has adopted the following resolution, and asks the concurrence of the Senate:
A resolution authorizing the committee from the House and from the Senate on the congressional apportionment to sit jointly.
This resolution was, on motion, taken up, read and concurred in.
Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. Pre.~ident:
Your committee have had under consideration the followin:; Senate bill, which they instruct me to report back, with the recommendation that same do pass as amended, to-wit:
A bill to incorporate the Alcovy and Northern Railroad Company, and for other purposes.
Also, the following Senate resolution, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A resolution that a committee of three from the Renate and five from the House be appointed to investigate the freight charges of the railroads of the State of Georgia, and for other purposes.
Respectfully submitted. RICHARD JOHNSON, Chairman.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report:

48

JOURXAL OF THE SENATE.

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass as amended:

A bill to incorporate the Bank of Thomson; to confer certain powers and privileges on same, and for other purposes.

Also, a bill to incorporate the Jackson Savings and Banking Company, with powers to do banking business, and for other purpo!les.
Respectfully submitted. MASTON O'NEAL, Chairman.

On motion of Mr. Lane, the bill of the Senate to provide for a Board of Equalization of real and personal property, subject to taxation, and for other purposes, was taken up, under a suspension of the rules, and put upon its passage.

On motion of Mr. Candler, this bill was made the special order for Wednesday, the 15th instant.

On motion of l\Ir. Ellington, the rules were suspended and the reconsidered bill of the House to declare all obligations to pay attorneys' fees,. in addition to the interest specified therein, upon any note, or other evidence of indebtedness, void and of no effect, and to prohibit the collection of the same, and for other purposes, was taken from the table and put upon its pas~age.

Mr. Callaway offered to amend by substituting the following for the first section of the bill, to-wit:

" SEcTION 1. Be it enacted by the Geneml Assembly rif Georgia, and it .-; hereby enacted by anthority of thr, same, That from and after the passage of this act, all obligations to pay attorneys' fees upon any note, or other evidence of indebtedness, in addition to the rate of interest specified therein, is hereby declared to be void, and no court shall have power to enforce such contract and agreement to pay

FRIDAY, JuLY 10, 1891.

49

such fees, unless suit is actually commenced on such note, or other evidence of indebtedness; and when suit is commenced thereon, if such note or other evidence of indebtedness is paid up and discharged before judgm8nt is rendered thereon, only reasonable attorneys' fees, not to exceed fin per cent., shall be collected; and if judgment is rendered thereon, only reasonable attorneys' fees, not to exceed ten cent., shall be collected."
Mr. Ellin~ton called for the previous question. The call was sustained, and the main question was ordered and submitted to the Senate.

First: Shall the amendment be adopted?

On this question, the ayes and nays were demanded and recorded.

Those who voted in the affirmative are Messrs.-

Cabaniss, Callaway, Candler, Culver, Flint,

Glenn~

O'Neal,

Harlan,

Terrell,

Johnson of 21st Dist., Warren,

Lamb,

Williams,

llcRae,

Witcher.

Those who voted in the negative are Messrs.-

Beard, Beck, Bennett, Boyd, Brown, Culpepper, Eason, Ellington, Gill,

Golden,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Johnston of 39th Dist., Tatum,

Lane,

Todd,

Lanier,

Vincent,

Mullis,

Walker.

Nunnally,

There are ayes 15; there are nays 26.



So the amendment was not adopted.

Second: Shall the bill now pass?
On this proposition, the ayes and nays were demanded and recorded.
4

50

JOURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Bennett, Boyd, Brown, Candler, Culpepper, Eason, Ellington, Gill,

Golden,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strkkland,

Johnston of 39th Dist., Tatum,

Lane,

Terrell,

Lanier,

Todd,

Mullis,

Vincent.,

Nunnally,

\Valker.

oNeal,

Those who voted in the negative are Messrs.-

Cabaniss, Callaway, Culver, Flint,

Glenn,

McRae,

Harlan,

'Varren,

Johnson of 21st Dist., Williams,

Lamb,

Witcher.

There are ayes 29; there are nays 12.

So the bill was passed by constitutional majority.

On motion of Mr. Warren, the following resolution was

taken up, under a suspension of the rules, and put upon its

passage, to-wit:



Resolved by the Senate, the House concurring, That a committee of three from the Senate and five from the House be appointed to investigate the freight charges of the railroads of the State of Georgia and report if they be excessive.

The Committee on Railroads, to whom this resolution was referred, reported the following as a substitute, to-wit:
Re8olved by the Senate, the Hou.~e concurring, That a committee of three from the Senate and five from the House be appointed to investigate the freight and passenger charges of the railroads of the State, both local and interstate, al~o the r~~ent increa8e in same and causes therefor, and make report of their proceedings to the General As;;;embly at the earliest practicable date.
Be it further resolved, That said committee be authorized to employ a stenographer and send for persons and papers.
The substitute was adopted.

FRIDAY, JULY 10, 1891.

51

The resolution, as amended, was agreed to, and ordered to be immediately transmitted to the House.

On motion of Mr. Ellington, the Rules were suspended and the Senate toLlk up the report of the Committee on Banks on the bill of the Senate to incorporate the Bank of Thomson; to confer certain powers and privileges on the same, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 24, nays 0.

On motion of Mr. Beck, the Rules were suspended and the bill of the Senate to incorporate the Jackson Savings and Banking Company, with power to do a banking bu,iness, act as agents, trustees, receivers, assignees, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted.
The report was agreed to.

The bill was read the third time and passed, as amended, by c:mstitutional majority, there being ayes 31, nays 0.
At the hour of 12 o'clock M. the Senate repaired to the House of Representatives, under joint resolution, and being received by the House, the President took the chair and called the General Assembly to order.

By direction of the President the Secretary read the joint resolution by virtue of which the General Assembly was convened in joint session.

The President announced that the object of the joint session being the election of a Solicitor-General of the Middle Judicial Circuit, to fill the vacancy caused by the death of the Hon. Oscar H. Rogers, nominations therefor were in

52

JoURNAL OF THE SENATE.

order. Whereupon the Hon. Mr. Sinquefeld, of the county of Washington, placed in nomination B. D. Evans, Esq., of Washington county.

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

On counting up the votes it appeared that B. D. Evans, Et.<q., had received two hundred and four votes, which was the entire number cast, and a majority of both houses of the General Assembly.

The President therefore declared B. D. Evans, Esq., duly elected ~olicitor-General of the Middle Judicial Circuit for
of the unexpired term the Hon. Oscar H. Rogers, ending the

The joint session was, on motion, dissolved, and the Senate returned to the Senate Chamber and was called to order by the President.
By resolution of Mr. O'Neal, the privileges of the Senate were extended to Judge J. H. Scafe and Hon. wm. N. Spence, of the county of Mitchell; also, to the Hon. H. H. Speer.
Bv resolution of l\Ir. Hodges, the courtesies of the Senate wer~ extended to ex-Governor H. D. McDan,el during his stay in the city.
The business on the desk of the Secretary having been disposed of, the Senate, on motion, adjourned until 10 o'clock A. 111. Monday next.

SE::-IATE CHAMBER, ATLANTA, GEORGIA,
Monday, July 13, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

MoNDAY, JuLY 13, 1891.

53

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

Beard, Betk, Bennett, Boyd, Brown, Cabaniss, Cttllaway, Candler, Culpepper, Eason, Ellington, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith of 6:h Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist.,Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

'Varren,

M:eRae,

williams,

Mullis,

Mr. President.

~unnally,

O'Neal,

The Journal was read and approved.

Mr. Wa.rren gave notice of his intention to move a reconsideration of so much of the Journal of Friday as relates to the refusal of the Senate to concur in a resolution of the House, instructing the Keeper of Public Buildings to keep the elevator in operation during the session.

Upon submitting this motion to the Senate, the same did

not prevail.



The following message was received from the Governor, through 1\Ir. W. H. Harrison, Secretary of the Executive DepartmPnt:

M~r. President:
I am directed by the Governor to deliver to the Senate the following list of acts and resolutions of the General Assembly, which were severally approved by him after the adjournment in December last, in order that such approval may appear upon the Journal, to-wit:

An act to amend the registration laws of Worth county, approved December 22, 1890.
Also, an act to incorporate the Piedmont Bank of Atlanta, approved December 24, 1890.

54

JoURNAL OF THE SENATE.

Also, an act to amend an act confirming an ordinance of the city council of Augusta, approved December 26, 1890.
Also, an act to authorize the city council of Augusta to tear down and remove the "lower market house and to build a market at any place in said city of Augusta, approved December 26, 1890.
Also, an act to regulate the sale of fertilizers in this State, to fix a method of determining the value of the same, approved December 27, 1890.
Also, an act to amend an act to establish a mayor's court in the city of Augusta, and approved December 17, 1818, so as to authorize the city council of Augusta to prescribe by ordinance the fees which the city sheriff shall receive in ceytain cases, etc., approved December 27, 1890.

ACTS APPROVED DECEMBER 29, 1890 :

An act to amend section 301 of the Code.
Also, an act to amend subdivision (e) and repeal subdivision (g) of the first section of the act approved October 29, 1889, and for other purposes.
Also, an act to incorporat.e the Vernon Park Railway Company.
Also, an act to incorporate the Bank of Monticello.
Also, an act to in~orporate the Bank of Richland.
Also, an act to amend an act to incorporate the town of Richland.
Also, an act to amend section 4372 of the Code of Georgia.
Also, an act to amend section 1689(1) of the Code of 1882.
Also, an act to amend an act to designate the officers of the County Cour~ of Terrell county.
Also, an act tn incorporate the Southern National Railroad.

MoNDAY JuLY 13, 1891.

55

Also, an act to incorporate the Town of Sasser, in Terrell county.

Also, an act to incorporate the Town of Royston, in Franklin county.

Also, an act to amend an act to incorporate the "\Varm Springs Camp Ground.
Also, an act to provide by general law for the amendments of i"pecial charters of railroad companies.

Also, an act to incorporate the Merchants' Exchange Bank and Trust Company, of Forsyth, Ga.

Also, an act to incorporate the Bank of LaGrange.

Also, an act to incorporate the Columbus Investment Company.
Also, an act to change the time for holding the Superior Courts of the Rome Circuits.

Also, an act to incorporate the Alabama Eastern Railroad Company.
Also, an act to extend the limits of the City of Macon, so as to include the property in the town of Vineville.
Also, an act to incorporate the Brunswick and Northe;:a Railroad Company.
Also, an act empowering the Mayor and Council of Carrollton to levy and collect an additional 25 per cent. of ad valorem tax, etc.
Also, an act to incorporate the Southeastern Mutual Accident Association of Atlanta.
Ah;o, an act to reincorporate the West Atlanta Street Railway Company.
Also, an act to amend an act approved Nov. 13, 1889, inporating the Village of Harrisville.
Also, an act to incorporate the People's Banking Company of Atlanta.

56

JOURNAL OF THE SENATE.

Also, an act to amend an act incorporating the Griffin Street Railroad Company.
Also, an act to amend an act incorporating the Farmers' Banking Company of Spalding county.
Also, an act to change the time of holding the spring terms of Burke Supreme Court.
Also, an act to prevent and punish persons for hunting or fishing upon the lands of another in the 75th, 74th and 73d Districts of Burke.
Also, an act to incorporate the town of Keysville, Georgia.
Also, an act to extend the corporate limits of Carrollton over Oak Lawn Stock Farm for police purposes.
Als(), an act to confer upon the Lessees of the Indian Spring Reserve in the town of Mcintosh, Butts county, the authority to appoint a marshal, etc.
Also, an act to incorporate the town of Lake Park, on the Georgia Southern and Florida Railroad, in the county of Lowndes.
Also, an act to incorporate the Citizens' Banking and Trust Company of Thomasville.
Also, an act to incorporate the Bank of Calhoun, approved December 30, 1890.
Also, an act to incorporate the Bank of Monroe, approved December 30, 1890.

RESOLUTIONS APPROVED.

A resolution to consider the claims between Lessees of Western and Atlantic Railroad Company and the State of Georgia, etc., approved December 2~, 1890.
Also, a resolution authorizing the Secretary of State to destroy certain plats and bonds now in his office.
Also, a resolution authorizing the Governor to borrow money to pension widows, etc.

MoNDAY, JuLY 13, 1891.

57

Also, a resolution requesting our Senators and Representatives in Congress to co-operate with other mem hers in Congress to secure the repeal or modification of our present tariff laws, etc.

Also, a resolution in regard to School Books.

Also, a resolution petitioning the United .States Senate to reject the Conger Lard Bill.
The following me.:;sage was received from the House through Mr. Hardin, the Clerk:
Mr. President:
The House has passed the following House bill by the requisite majority, to-wit:
A bill to require the court cost in divorce suits in the Superior Courts of Georgia, paid at the time of filing such cases in the Clerk's office, and for other purposes.
Also, a bill to amend an act to provide for the regulation of freight and passenger tariffs in this State, to prevent unjust discrimination and extortion in rates charged for transportation of passengers and freight, and for other [>Urposes.
Mr. O'Neal, Chairman Committee on Banks, submitt.ed the following report:
Mr. President: Yonr committee have had under consideration the fol-
lowing Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Bank of Jug Tavern.
Also, a bill to incorporate the Bank of Social Circle. Respectfully submitted. MASTON O'NEAL, Chairman.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

58

JOURNAL OF THE SENATE.

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

On motion of Mr. Terrell the message of the Governor was taken up and read, and is as follows, to-wit :

ExEcUTIVE DEPARTMENT,
Atlanta, Ga., July 13, 1891.

To the General ABsembly:

I have the honor to inform you that the resignation of

Hon.' Allen Fort, as Judge of the Superior Courts of the

Southwestern Circuit, has been accepted by this depart-

ment to take effect, as tendered, on the 11th of September

next. It will, therefore, be the duty of the General As-

sembly, at its present session, to elect a successor in said

office for the unexpired term of four years from January 1,

1889.

W. J. NoRTHEN.

On motion of Mr. Candler the bill of the Senate, re. ported adversely by the General Judiciary Committee, was taken up under a suspension of the rules, the adverse report disagreed, by consent, to, and the bill read the second time, to-wit:
A bill to amend section 1319 of the Code ofGeorgia.

Mr. Vlalker offered the following joint resolution, which was, on motion, taken up, read, agreed to and ordered to be immediately tranS'nitted to the House of Representatives, to-wit:
Resolved by the Se~Utte, the House concurring, That the General Assembly convene in joint se3sion in the hall of the House of Representatives at 12 o'clock, noon, to-day, July 13, for the purpose of electing a Judge of the Southwe8tern Judicial Cir:mit, to fill the vacancy caused by the resignation of Judge Allen Fort.

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

MoNDAY, JuLY 13, 1891.

59

Mr. President:
The House of Representatives ha.<~ concurred m the following resolution of the Senate, to-wit:

A resolution convening the two Houses in joint se.osion, at 12 11-1. to-day, the 13th inst., in the hall of the House of Representatives, for the purpose of electing a Judge of the Southwestern Circuit to fill the vacancy caused by the resignation of Judge Allen Fort.

On the call of the roll for the introduction of new matter, the following hills were introduced, read the first time, and referred to the General Judiciary Committee, to-wit:

By Mr. Hodges-
A bill to amend section 2057(f) of the Code of 1882, in regard to titles tainted with usury; and

By Mr. O'Neal-
A hill to prohibit hunting or fishing on lots of land numbers 278, 279, 282, 283, 320 and 331, lying in the 19th District of Decatur county, to provide a penalty for the same, and for other purposes.

The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to amend article 7, section 2, paragraph 1 of the Constitution of 1877, so as to authorize the General Assembly to levy a graduated income tax, and for other pur poses.
A bill to incorporate the Alcovy and Northern Railroad Company; and a bill to prohibit the manufacture and sale of spirituous liquors within four miles of Level Creek Church, in Gwinnett county.
On motion of Mr. Nunnally the Rules were suspended, when the Senate took up the Report of the Committee on Banks on the bill of the Senate to incorporate the Bank of Social Circle.

The report was agreed to.

60

JoURNAL OF THE SENATE.

The bill was read the third time and passed by constitutional majority, there being ayes 30, nays 0.

Under further suspension of the Rules, on motion of Mr. Nunnally, the Senate took up the Report of the Committee on Banks on the bill of the Senate to incorporate the Bank .of Jug Tavern.

The report was agreed to.

The bill wa'3 read the third time and passed by constitutional majority, there being ayes 31, nays 0.

The following bills of the House were, on motion, taken up, read the first time, and referred, as indicated, to-wit :

A bill to amend an act to proYide for the regulation of freight and passenger tariff::; in this State, and for other purposes.
Referred to the Committee on Railroads; and

A biil to require the court costs in divorce suits in the Superior Courts of Georgia paid at the time of filing such cases in the Clerk's office, and to emp)wer the Clerk to strike said cases irom the dock!lt for failure to pay costs.

Referred to the General .Judiciary Committee.

On motion of Mr. Todd, the bill of the House to prohibit . the sale of alcoholic, Rpirituous or malt liquor.> within a radius of three mile~ of any church or public school-house in the State of Georgia, excepting f.'luch churches or public school-houses as arc within an incorporated town or city in this State, and to pre:~cribe a penalty for a violation of such act, was taken from the table.
Mr. Todd moved to make the bill the special order for 11 o'clock A.M. to-morrow.
Mr. O'Neal proposed to amend this motion by ordering one hundred copies of the bill printed and making the bill the special order for 11 o'clock Thursday next.
The amendment of Mr. O'Neal was adopted, and the bill

MoNDAY, JuLY 13, 1891.

61

was ordered printed and made the special order for the 16th instant at 11 o'clock A. M.
Leave of absence, on motion of Mr. Nunnally, was granted Mr. Witcher for to-day on account of sicknet:s, and to Mr. Culver for to-day and to-morrow.
By resolution of Mr. Hodges, Mr. Zachry was granted leave of absence during his f<ickness.
By resolution of Mr. Glenn, leave of absence was granted Mr. Irvine until Wednesday next on account of s:ckness in his family.
The following distinguished visitors were invited to seats in the Senate during their stay in this city, viz.: Mr. Albert D. Kean, of the county of McDuffie; Mr. B. P. Jones, of Valdosta; Capt. J. H. Adams, of Eatonton; Mr. W. G. McNelly, of Lumpkin county; and Mr. C. F. McWilliams, of the county of Meriwether.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:
I am directed by the Governor to deliver to the Senate a communication in writing, with an accompanying document.
On motion of Mr. Ellington, the message of the Governor and accompanying document were read and referred to the Committee on Finance, to-wit:

EXECUTIVE DEPARTMENT,
Atlanta, Ga., July 13, 1891.
To the General Assembly:
I have the honor to transmit herewith the account of Hon. Clifford Anderson for legal services rendered in behalf of the State. The misfortune which befell the AttorneyGeneral soon after his induction into office has, up to the present time, wholly incapacitated him for mental labor,

62

JoURNAl, OF THE SENATE.

and the important questions affecting the State's interest

that have been presented for executive action, and for the

action of the heads of departments, made it necessary that

the aid of competent legal counsel should hs secured.

The high character and eminent legal ability of Mr. An-

derson, and the fact that hil:l recent incumbency of the office

of Attorney-General rendered him familiar with the public

business, to my mind. clearly indicated the propriety of his

employment to represent the State in legal matters.

It is believed that the charges in the accompanying ac-

count are made at very reasonable rates, and I recommend

that an appropriation of a sum sufficient to pay it be made

by the General Assembly at an early day.

(Signed)

W. J. NoRTHEN.

ACCOUNT SUBMITTED WITH MESSAGE.

MAcoN, GA., July 6, 18!-il.

Stav of Georgia to Clifford AndeT3on:

Dr

.)pinion and preparing papers connected with transfer of the Okefenokee swamp, etc., occupying self and son several days. and requiring two trips to Atlanta................ ;; 250 00
Preparing paper~ and advising Governor relative to <!eli very of W. & A. R. R. by old lessees to State, and transfer of N., C. & St. L. R'y, requiring several trips to Atlanta and invo.ving many delicate and difficult question~, and occupying much time.................................................. 750 00
Advising Treasurer as to bond, etc., touching State Depository at Columbus........................................................ 50 00
On account of retainers in two tax case~, illegalities and injunction: Comptroller-General vs. Columbus Southern R.tilroad and Georgia Midland Railroad Co.; also illegality filed in similar case against Savsmnah & Augusta Railroad Co., argued before Judge Clarlte in Fulton S1perior Court (te~t cases by which a large number of other like cases would be determined)......................................... 500 00
Advising Governor as to right of E. T., V. & G. R'y to use track of W. & A. R. R. in Chattanooga.. .... .... ......... ...... 50 00
Advice to Secretary of State relative to granting head-rights toW. W. G~rdon in certain marsh lands....................... 50 00
Assisting Governor in determining contests in a number of cases as to election of county officers, hearing occupying several days; and investigation and opinion in case from Morgan county, requiring several additional days and two or mote trips to Atlanta........................................ 250 00

MoNDAY, JuLY 13, 1891.

63

Tax case: Atlanta & Florida Railroad Co. vs. ComptrollerGeneral, argued in Supreme Court of Georgia (not yet decided) ................................................................. $
On account of retainers in tax case: Atlanta & West Point Railroad Co. ts. Comptroller-General (test cases to license required for hauling sleeping cars)................................
Opinion touching appropriation for Technological School... Opinion relative to liability of property of private persons
to State and county taxes embraced in territory ceded U. S. Government for Chickamauga National Park............. Advice as to appropriation of right of way through six acres of land just outside Chattanooga by a street railroad company, and proceedings to recover payment therefor........ Investigation and addc., as to lands in Chattanooga leased by W. & A. R. R. to C. F. Bates, and the latter'I:! right to remove building8 erected thereon..................... . ......... Advice, etc., as to a large nurriber of matters given to the Governor and heads of departments of which no account has been kept, and for which no charge has been or is made.

250 00 250 00 25 00
25 00 50 00 50 00

Total. ...... ...... ....................................................... $2,550 00 Less cash paid on account by the Governor....................... 500 00

Amount now due ............................................... $2,050 00

The following communication was submitted to the Senate, and the invitation conveyed therein was, on motion, accepted, to-wit:

LITHIA SPRINGs, July 10, 1891.
Hon. J. M. Terrell, Senator, Atlanta, Ga.:
MY DEAR SIR-I desire, through you, to extend to the Senators and attaches of the Senate of Georgia a most cordial invitation to be present at the opening of the Piedmont Chautauqua on next Wednesday evening, July 15th.
The train will leave Atlanta at 5:30 P.M., and the gentlenen can return to Atlanta, leaving here at 9:30 P. 111., or at 5:30 or 7:30 the next morning.
It is the earnest wish of the Chautauqua directors tl1at all will come. I have applied to the Georgia Pacific authorities for free transportation, and will notify you of the result as soon as I hear. Very truly yours,
J. S. JAMEs, General Manager.

.

64

JOURNAL OF THE SENATE.

The Senate, on motion, took a recess, subject to the call of the President.
At 12 o'clock M. the President called the Senate to order, and announced that the. time had arrived for the two Houses to meet in joint session.
Thereupon the Senate repaired in a body to the hall of House of Representatives, and being received by the House of R@presentatives, standing, the President took the chair and called the General Assembly to order.
The Secretary, by direction of the President, read the resolution by virtue of which the two Houses were convened in joint session.
The President then announced that the joint session had convened for the purpose of electing a judge of the Southwestern Judicial Circuit, to fill the vacancy caused by the resignation of the Hon. Allen Fort, and that nominations therefor were in order.
Mr. Cutt::; nominated the Hon. W. H. Fish, of the county of Macon..
There being no other nomination, the Secretary, by direction of the President, proceeded to call the roll for said election.
On counting the votes, it appeared that one hundred and ninety-seven had been cast.
The Hon. W. H. Fish having received the entire number of votes cast, and the same being a majority of the General Assembly, was, by the President, declared duly elected Judge of the Southwestern Judicial Circuit, fQr the unexpired term caused by the resignation of the Hon. Allen Fort.
The joint session was, on motion, dissolved.
The Senate returned to the Senate chamber, and, having been called to order by the President, adjourned, on motion, untillO o'clock A.M. to-morrow.

TuEsDAY, JuLY 14, 1891.

65

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 14, 1891, 10 0' clock A. M.

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

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

On the call of the roll, the following Senators answered to

their name:,; :



Beard,

Golden,

O'Neal,

Beck,

Harlan,

Patton,

Bennett,

Harp,

Smith of 6th Dist.,

Boyd,

Hill,

Smith of :!8th Dist.,

Brown,

Hodges,

Strickland,

Cabaniss,

Irvine,

Tatum,

Callaway,

Johnson of 21st Dist., Terrell,

Candler,

Johnston of 39th Dist., Todd,

Culpepper,

Lamb,

Vincent,

Eason,

Lane,

Walker,

Ellington,

Lanier,

Warren,

Flint,

McRae,

Williams,

Gill,

:Mullis,

Mr. President.

Glenn,

Nunnally,


The Journal waE. read and approved.

By resolution of Mr. Ellington, the privileges of the Senate were extended to the Hon. Thos. E. Winn, congressman from the Ninth District.

By resolution of Mr. O'Neal, the members of the Press of Georgia, now in the city of Atlanta, be extended the courtesies of the Senate during their stay in the city.
Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, t<l'-wit:
5

66

JOURNAL OF THE SENATE.

A bill to amend section 298 of the Code of 1882, and for other purposes.

Also, a bill to amend section 3910(d) of the present Code of Georgia, and for other purposes.

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

A bill to amend section 2545 of the Code of Georgia, and for other purposes.

Respectfully submitted. T. B. CABANiss, Chairman.

Mr. Nunnally offered the following resolution, which was taken up under a suspension_ of the rules, and agreed to, to-wit:

Reso{ved, That on to-morrow, the 15th of July, the Senate meet ats o'clock A.M., and adjourn at 9 o'clock A.M.

Under suspension of the Rules the following bills were introduced, read the first time, and referred as indicated, to-wit:

By Mr. Williams-



A bill to concede to the United States of America exclu-

sive jurisdiction over land in the city of Savannah, to be

conveyed by the Savannah Volunteer Guards, and for other

purposes.

Referred to the General Judiciary Committee.

By Mr. Callaway-

A bill to amend paragraph 6, section 4, article 3 of the Constitution of 1877, determining length of sessions of the General Assembly.

Referred to the General Judiciary Committee.

By Mr. Cabaniss-

A bill to authorize and empower the Supreme Court to decide certain cases ore tenus, and to dispense with publishing the decisions therein rendered.
Referred to the General Judiciary Committee.

TuEsDAY, JuLY 14, 1891.

67

By Mr. GlennA bill to repeal section 3406 of the Code of Georgia, etc. Referred to the General Judiciary Committee.

Also, by Mr_. Glenn-
A bill to authorize the discontinuance of County Courts established by recommendation of the grand juries of the county, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Golden-
A bill to incorporate the Tallapoosa Street Railway Company, etc.
Referred to the Committee on Railroads.
By Mr. Tatum. A bill to amend the act of October 25, 1889, so as to further limit and restrict the issuing of licenses by the Georgia State Board of Pharmacy.
Referred to the General Judiciary Committee.

Mr. Lane offered the following resolution, which was taken up, read, and agreed to, to-wit:
ReJSolted, That owing to the short session of to-morrow, the 15th inst., the special order set for 11 o'clock on that day, viz.: A bill to provide a Board of Equalization of Real and Personal Property, be made the special order for Friday, the 16th inst., immediately after the reading of the .Journal.

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

Mr. PreJSident:
The House has passed the following House bill by a constitutional majority, to-wit:
A bill to incorporate the South Atlantic Railroad Company ; to define its rights, powers and privileges, and for other purposes.

68

JOURNAL OF THE SENATE.

Under suspension of the Rule~, on motion of Mr. Lane, the following bills of the Senate were read the ~:<econd time and passed to a third reading, to-wit:

A bill to amend section 298 of the Code of 1882, and for other purposes.

A bill to amend section 1616 of the Code of 1882. so as to increase the liability of stockholders of private corporations chartered by the Superior Courts of this State, etc.

And a bill to amend section 3910(d) of the present Code of Georgia, embodying section 1 of the act approved Decemher 16, 1878, entitled an act to carry into effect paragraph 2, sec~ion 18, article 6 of the Constitution of 1877, so as to require that the entire list of the persons selected as jurors hy the Jury Com missioners, as therein provided, shall cons titute the list of traverse jurors for the county.

Under a suspension of the Rules, Mr Cabaniss introduced the tollowing bill, which was read the first time and refernd to the Committee on Railroads, to-wit:
A bill to authorize street railroad companies to sell to and contract with each other, subject to certain limitations.

l\Ir. Cabaniss reported back the following bills of the Senate which had been read the second time and recommitted to the General Judiciary Committee, to-wit:
A bill to alter and amend article 3, section 7, paragraph 18 of the State Constitution, and for other purposes.
And a bill to carry into effect amendment to article 3 section 7, paragraph 18 of the Constitution of Georgia.
On motion of ~Ir. Cabaniss, these bills were referred to the Special Joint Committee on the Best Method of Granting Charters for Railroads and Ranks.
The bill of the House to incorporate tho South Atlantic Railroad Company, and to define its rights, powers and privileges, and for other purposes, was taken up, under suspension of the Rules, read the first time, and referred to the Committee on Railroads.

TuESDAY, JuLY 14, 1891.

69

Under suspension of the Rules, Mr. Ellington intl'Oluced a bill to incorporate the Thomson and Lincolnton Railroad Company, etc.

The same was read the first time and referred to the Committee on Railroads.

Under a further suspension of the rules, Mr. Bennett offered the following bill, which was read the first time and referred to the General J u~iciary Committee, to-wit:

'A bill to amend an act requiring the registration of voters in Appling county by Tax-Receivers, etc.

On motion of :Mr. Lane, the action of the Senate making the bill to provide a Board of Equalization of Property, etc., the special order for Friday next was reconsidered, and the same was made the special order immediately after the special order for 11 o'clock on Thureday next shall ha \'e been disposed of.

By resolution of Mr. Johnston, Col. Enoch Faro w<ts tendered a seat in the Senate during his stay in this city.

Under a suspension of the Rules, on motion of l\Ir. Todd, the Senate took up the report of the Committee on Temperance on the bill of the Senate to prohibit the sale of spirituous, vinous or malt liquors within four miles of LeYel Creek church, in Gwinnett county.

The report was agreed to.

The bill was read the third time, and passed, by constitutional majority, there being ayes 29, nays 0.

On motion of :Mr. Todd, this bill was ordered immediately

transmitted to the House.



On motion of Mr. Nunnally, the rules were suspended and the Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Alcoyy and Northern Railroad Company.

The c:-~mmittee reported in fa\or of its pa3sage, with an amertdment, which was adopted.

70

JoURNAL OF THE SENATE.

The report waR agreed to.

The bill was read the third time, and passed as amended, by a constitutinal majority, there being ayes 28, nays 0.

On motion of Mr. Nunnally, this bill was ordered to be immediately transmitted to the House.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on !J10tion, until8 o'clock A.M. to-morrow.

SESATE CHAMBER, .ATLANTA, GEORGIA,
Wednesday, July 15, 1831, 8 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.
On motion of 1\Ir. Culver the roll call was dispensed with.
The Journal was read and approved.
By resolution of Mr. Ellington, Mr. John E. Smith was invited to a'seat in the Senate during his stay in this city.

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

Mr. President :
Your committ~e have had under consideration the following House bill, which they in;truct me to report back, with the recommendation that the same do not pas3, to-wit:

A bill to amend paragraph 1, section 2 of article 8 of the Constitution, so as to make the State School Commissioner electi ,e.

Respectfully t;ubmitted.

IRVINE, Chairman.

WEDNESDAY, JULY 15, 1891.

71

On the call of the roll for the introduction of ne'Y matter Mr. Mullis introduced a bill to incorporate the Bank of Cochran, which was read the first time and referred to the Committee on Banks.
The following bills of the Senate were, under a suspension of the Rules, read the second time and recommitted to the General Judiciary Committee, to-wit:
A bill to amend an act requiring the registration .of voters in Appling county by Tax-Receivers, etc.; and
A bill to cede to the United States of America exclusive jurisdiction over land in the city of Savannah, to be conveyed by the Savannah Volunteer Guards, and for other purposes.
Mr. Gill, under suspension of the Rules, introduced-
A bill to amend an act to prescribe the dutie:J of TaxCollectors of this State, approved October 11, 18&5, and for other purposes, which was read the firot time and referred to the Special Judiciary Committee.
On motion of Mr. Irvine, the bill of the Senate to amend, revise and consolidate the existing common school laws of Georgia, approved October 27, 1887, and the various acts amendatory thereof, and for other purposes (which was laid on the table December 18, 1890), was taken from th2 table and recommitted to the Committee on Public Schools.
Mr. Glenn, Chairman of the Joint Committee on the Best Method of Granting Charters of Railroads and Banks, made the following report:
1lfr. President:
Your committee have had under consideration the following bills of the Senate, which I am instructed to report back, with the recommendation that the same do pass, towit:
A bill to carry into effect amendment to article 3, section 7, paragraph 18, of the Constitution of Georgia, and for other purposes; and

72

JOUUNAL OF THE SENATE.

A bill to alter and amend article 3, section 7, paragraph 18 of the Constitution of the State, and for other purposes.
Respectfully submitted. R.'M. W. GLENN, Chairman.

The hour of 9 o'clock A. M. having arrived, the Presid~nt deciared the Senate adjourned, under resolution, until10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATL.o\.NTA, GEORGIA, Thursday, July 16, 1891, 10 O'clock A.M.

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

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

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

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

Golden,

O'Neal,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

Warren,

McRae,;

Williams,

Mullis,

Witcher,

Nunnally,

Mr. President.

The Journal was read and approved.

Mr. Johnson, Chairman of Committee on Railroads, submitted the following report:

THURSDAY, JULY 16, 1891.

73

Mr. President:
The Committee on Railroads have had under consideration the following bill which they recommend do pass as amended, to-wit:

A billto amend an act entitled an act to charter the Talbotton and Western Railroad, and for other purposes.
Respectfully, RicHARD JoHNSON, Chairman.

Mr. Cabaniss, Chairman of Committee on General Judiciary;submitted the following rf'port:
Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back with the recommendation that the same do pass, to wit:

A bill to cede to the United States of America exclusive jurisdiction over land in the city of Savannah, to be conveyed by the Savannah Volunteer Guards) and for other purposes.

Also, a bill to amend an act requiring the registration of voters in Appling county by Tax-Receivers, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.

By resolution of Mr. Ellington, the privileges of the Senate were extended to the Hon. Thos. E. Watson, of the county of McDuffiP., during his visit to this city.
The Senate took up for consideration the adverse report of the General Judiciary Committee on the bill of the Senate to amend section 2545 of the Code of Georgia.

On motion of Mr. Lamb, the bill and report were laid on the table.
The Senate took up the Report of the Committee on Public Schools on the bill of the House to amend para_

74

JOURNAL OF THE SENATE.

graph 1, section 2 of article 8 of the Constitution, as provided in paragraph 1, section 1, article 13 of the Constitution, so as to make the State School Commissioner elective.

The report of the committee being adverse, Mr. Vincent moved to disagree thereto, and on this motion demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Bennett, Boyd, Candler, Culver, Eason, Ellington,

Gill, Golden, Harp, Hill, Houges, Lamb, Lane, Lanier,

Mullis, Nunnally, Patton, Smith of 6th District, Strickland, Vincent, Warren, Witcher.

Those who voted in the negative are Messrs.-

Brown, Cabaniss, Callaway, Culpepper, :Flint, Harlan,

Irvine,

Smith of 28th Dist.,

Johnsonof 21st Dist., Tatum,

Johnston of 39th Dist., Terrell,

McRae,

Walker,

O'N~l,

Williams.

There are ayes 24 ; there are nays 16. So the motion to disagree to said adverse report prevailed.

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

Mr. President:
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:

A resolution to appoint a joint committee on the reapportionment of senatorial districts.

Leave of absence was granted Mr. Glenn for to-day and to-morrow on important business, and to Mr. Williams after to-day, until Monday next_
On motion of Mr. Williams, the Senate took up the

THURSDAY, JuLY 16, 1891.

75

Report of the General Judiciary Committee on the Bill of the Senate to cede to the Uniwd States of America exclusive jurisdiction over land in the city of Savannah, to be conveyed by the Sava.nnah Volunteer Guards, and for other purposes.
The report was agreed to.
. The bill was read the third time and passed, there being ayes 30, nays .0.

On motion of Mr. J obnson, of the 21st District, the following bills of the Senate, pending before the Committee on Railroads, were read the second time and recommitted to said committee, to-wit:

A bill to incorporate the Tallapoosa Street Railway Company, and for other purposes; and

A bill to incorporate the Thomson and Lincolnton Railroad Company.

Under a suspension of the Rules, on motion of Mr. Bennett, the Senate took up the report of the General Judiciary Committeq on the Bill of the Senate, to amend an act requiring registration of voters in Appling county by TaxReceivers, etc.
The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 34, nays 0. The same was ordered to be immediately transmitted to the House.

Under a suspension of the Rules, the following bills were introduced, read the first time, and referred as indicated, to-wit:

By Mr. Culver-
A bill to authorize the purchasing of track hounds by county authorities, and for other purposes.
Referred to the General Judiciary Committee.

76

JOURNAL OF THE SENATE.

By Mr. Smith, of the 6th District-
A bill to provide a system of registration for the county of Echols, and for other purposes.
Referred to the Committee on Agriculture.

At the hour of eleven o'clock A. M. the Senate took up the special order for this period, to-wit:

The Report of the Committee on Temperance on the Bill of the House to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of any church or public school house in the State of Georgia, excepting such churches or public school houfles as are within an incorporated town or city in this State, and to prescribe a penalty for a violation of such act.

This bill was indefinitely postponed on the 20th of December, 1890, and this action of the Senate was rec:msidered on the 22d of said month and laid on the table.

Mr. Candler offered the following amendment, which was adopted, to-wit:

Amend the caption of the bill in the 4th line after the word "public", by inserting the words, '' or private."

Amend further, in section 100 of said bill, in the 8th line, after the word 'public," by inserting the word~, "or private."
The following amendments, offered by Mr. Cabilniss, were adopted, to-wit:
Amend the title by strikin~o; out all after the ward "Georgia," in the 2d line, and inserting in lieu thereof the following : "Provided, That it.; provisions shall not apply to any incorporated town or city in this State."
Amend section 1 by striking out the words: " Any church or public scho0l hou:>e situatad within."
Mr. Vincent offered to amend as follow.'>, to-wit :
Amend section 1 by adding the following proviso: Pro-

THURSDAY, JGLY 16, 1891.

77

t:ided, also, That the provisions. of this act shall not apply to the sale of spi-rituous liquors in original packages of not less than ten gallons by the manufacturers thereof.

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

Those who voted in the affirmative are Messrs.-

Beck, Cabaniss, Candler, Culver, Golden, Harp,

Hill,

Smith of 6th Dist.,

Johnson of 21st Dist., Striekland,

Johnston of 39th Dist., Terrell,

Lamb, .

Vincent,

O'Neal,

Warren.

Those who voted in the negative are Messrs.-

Beard, Bennett, Boyd, Brown, Callaway, Culpepper, J<:ason, Ellington,

Flint, Gill, Harlan, Hodges, Irvine,
I~ane,
Lanier, McRae,

Mullis, Nunnally, Smith of 28th Dist., Tatum, Todd, Walker, Williams, Witcher.

There are ayes 16; there are nays 24.

So the amendment was lost.
l\Ir. Terrell proposed to amend by adding the following proviso to the end of the 1st section, viz.:

Provided, That this act shall not go into effect until the Grand Jury of the county in which the church or school house to be affected is located shall have approved the same, upon the written application of the authorities of such church, or the trustees of such school house, as the case may be.

This amendment was lost.

Mr. Callaway offered the following amendment, which was adopted, to-wit :

Amend the caption by adding after the word "State,"

78

JoURNAl, OF THE SENATE.

where it occurs in the last line, the words, "And to prescribe a penalty for a vi.?lation of such act."

Mr. Vincent proposed to amend by adding at the end of section 2 the following: "Provided fwrther, That the provisions of this bill shall not go into effect until January 1, 1892."
This amendment was lost.

The report, as amended, was agreed to.

The bill was read the third time, and on the question of it.s pas::age, as amended, Mr. Vincent demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Bennett, Boyd, Callaway, Candler, Culpefper, Culver, Eason, Ellington, Flint, Gill,

Golden,

McR.'le,

Harp,

Mullis,

Hill,

NURnally,

Hodges,

Smith of 28th Dist.,

Irvine,

Tatum,

Johnson of 21st Diat., Todd,

Johnston of 39th Dist., Walker,

Lamb,

Warren,

Lane,

William!'l,

Vmier,

Witcher.

Those who voted in the negative are Messrs.-

Beck, Brown, Cabaniss,

O'Neal, Smith of 6th Dist., Strickland,

Terrell, VIncent.

There are ayes 31 ; there are nays 8.

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

The Senate took up the report of the Finance Committee on the bill of the Senate to provide for a Board of Equalization of real and personal property subject to taxation, the same being a special order for this day.

THURSDAY, Jur.Y 16, 1891.

79

Mr. O'Neal proposed the following amendment, which was adopted, viz.:

Amend by adding at the end of the third section the following: "And for thid purpose s tid Board shall have power to issue, in the name of the same, subpcenas for all witnesses any person may apply for, and compel- the production of all books and papers that may be necessary for the full investigation of said case."

Mr Culver offered the following amendment, which was adopt.ed, to-wit:

" SEc. 8. Be it further enacted, That should a vacancy occur in said Board of Equalization by death, removal, resignation or refusal to qualify, said vacancy or vacancies may be filled by the appointing power provided in section 1.

'SEc. 9. Be it further enacted, That three of t<aid Board of Equalization shall constitute a quorum for the discharge of the duties of said Board.
'' Change section 8 of the original bill to section 10."

Mr. McRae offered to amend as follows, to-wit:

"Amend the first section by striking out in the lOth and 11th lines of the said section the words, 'Out of the treasury of their county upon the draft of the Commissioners of Roads and Revenue, or the Ordinary,' and inserting in lieu thereof the words 'by the State.'"

This amendment was lost.

Mr. Golden proposed to amend section 9 by striking out $3.00 and inserting $2.00.

This amendment was lost.

The following amendment, offered by Mr. Gill, was adopted, to-wit:
"Amend section 8, line 5, by adding after the word ' thereof' the words, 'at the true market value,' so that the

80

JOURNAL OF THE SENATE.

same, as amended, will read-'have failed or EOhall fail to return the wh,ole, or any part thereof, at the true market value.'"
Mr. Hodges moved to amend section 1 by striking all in said section after the word "office," in the 9th line thereof.

On the question of adopting this amendment the ayes and nays were required and were recorded.

Those who voted in the affirmative are Messrs.-

Candler, Culver, Harp,

Hodges, McRae, O'Neal,

Smith of 6th Dist., Terrell, Vincent.

Those who voted in the negative are Messrs.-

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Culpepper, Eason, Ellington, :Flint,

Gill,

Nunnally,

Golden,

Patton,

Harlan,

Smith of 28th Dist.,

Hill,

Strickland,

Inine,

Tatum,

Johnson of 21st Dist., Todd,

Johnston of 39th Di~t.,Walker,

Lamb,

Warren,

Lane,

Williams, l

Lanier,

Witcher.

}!ullis,

There are ayes 9; there are nays 32.

So the amendment was not adopted.
Mr. Lane called the previous question on the bill as amended. The call was sustained and the main questio~ was ordered: First, shall the report of the Committee of the Whole, as amended, be agreed to?

The report, as amended, was agreed to, and the bill was read the third time.
Second, shall the bill, as amended, pass?

On this question the ayes and nays were demanded and recorded.

THURSDAY, JULY 16, 1891.,

81

Those who voted in the affirmative are Messrs.-

Bennett, Boyd, Brown, Cabaniss, Callaway, Eason, Ellington, Flint,

Gill,

Nunnally,

Golden,

Patton,

Hill,

Smith of 28th Dist.,.

Johnson of 21st Dist., Tatum,

Johnston of 39th Dist., Todd,

Lamb,

\Varren,

J,ane,

Williams,

Lanier,

Witcher.

Those who voted in the negative are Messrs.-

Beard, Beck, Candler, Culpepper, Culver, Harlan,

Harp, Hodges, Irvine, McRae, Mullis, O'Neal,

Smith of 6th Dist., Strickland, Terrell, Vincent, Walker.

There are ayes 24; there are nays 17.

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

On motion of Mr. Patton, his vote was ordered to be recorded in the affirmative on the bill of the House to prohibit the sale of spirituous, vinous and malt liquors within a radius of three miles of any sphool-house or church in this State, except such as are located in incorporated towns and cities.

By resolution of Mr. Mullis, the Hon. J. T. Waterman, of Hawkinsville, was tendered a seat in the Senate during his stay in this city..
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.
6

82

JoURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, July 17, 1891, 10 O'clock A. 111.

The Senate met pursuant to adjournment, the PrPsident presiding.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

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

Golden,

O'Neal,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

'Valker,

McRae,

warren,

Mulli,

Witcher,

Nunnally,

Mr. President.

The Journal was read and approved.

Leave of absence was granted Mr. Hodges for a few days (after to-day) on important business; to Mr. Lanier until Monday next, and to Mr. Culpepper for a few days.
By resolutions, seats in the Senate were extended to Mr. J. S. Hestley and to Hon. Wilbert Foster during their stay in this city, and also to the Hon. Stephen Clay, of Marietta.
Under the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as indicated, to-wit:

By Mr. EllingtonA bill to confer additional jurisdiction on county courts
of this State. Referred to the General Judiciary Committee.

FRIDAY, JULY 17, 1891.

83

By Mr. Todd-
A bill to incorporate the Atlanta, Hapeville and Manchester Railroad Company, and for other purposes.
Referred to the Committee on Railroads.
Also, by Mr. Todd-
A bill to amend an act to fix the venue of justice courts in cities of this State having a population of over 15,000, and to locate the times and places of holding said courts so as to make certain the qualification of persons to preside over said courts.
Referred to the General Judiciary Committee.

The following me!'sage was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend section 3976 of the Code of 1882.
Also, a bill to be entitled an act to appropriate the RUm of five hundred dollars for the purpose of providing county maps for the Secretary of State's office.

Also, a bill to be entitled an act to incorporate the Dalton, Spring Place and Eastern Railway Company.
Also, an act to establish the Criminal Court of Atlanta, to establish other like courts in certain counties, and in pursuance thereof, to amend an act establishing the City Court of Atlanta, passed December 15,1871, and acts amendatory thereof, 'and for other purposes.

Also, a bill to be entitled an act to prohibit physicians and prescription clerks in a drug establishment from pursuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor.


84

J OVRNAL OF THE SENATE.

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

A resolution to appoint a special joint committee in regard tl) pension laws.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to alter and amend article 3, section 9, paragraph 1 of the Constitution of the State, and for other purposes.
TERRELL, Chairman.

The following communication was received from His Excellency, the Governor, through Mr. 'Varren, his Secretary, to-wit:

Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communi~ation, to which he respectfully invites the consideration of your honorable body in executive session.
On motion of Mr. Ellington, the Rules were suspended and the Senate took up the resolution of the House to appoint a joint committee on the reapportionment of senatorial districts.

Mr. Ellington moved that the Senate do not concur in said resolution.
On this question, the ayes and nays were demanded by Mr. 0'~eal and recorded.

Those who voted in the affirmative are Messrs.-

Bt"ard, Bennett, Boyd, Brown, Culpepper,

Harp,

Nunnally,

Hill,

Patton,

Hodges,

Smith of 6th Dist.,

Irvine,

Smith of 28th Dist.

Johnston of 39th Dist., Stricklani,


FRIDAY, JULY 17, 1891.

85

Eason, Ellington, Gill, Golden,

Lane, McRae,
Mul!i~,

Tatum, "\Valker, Witcher.

Those who voted in the negative are Me~srs.-

Beck, Cabaniss, Callaway, Candler; Culver,

Flint,

Terrell,

Harlan,

Todd,

Johnson of 21st Dist., Vincent,

Lamb,

Warren.

O'Neal,

There are ayes 25; there are nays 14.

So the motion prevailed, and the Senate refused to concur in the resolution.

Mr. Culver, Chairman pro tem. Committee on General Agriculture, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate hills, \Vhich they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to prevent the sale of cotton, in the seed or lint, in this State without the consent of the owner, and for other purposes.

Also, a bill to provide a system of registration for the county of Echols, and for other purposes.
Also, the following H'Juse bill, with the recommendation that the same do pass:
A bill to require all cotton seed meal to be subjected to analysis and inspection as a condition precedent to being offered for sale, and for other purposes.
The following message wa.s received from the House through Mr. Hardin, the Clerk:
Mr. Pre<5ident: The House has passed by the requisite constitutional
majority the following bill of the House, to-wit:


86

JOURNAL OF THE SENATE.

A bill to relieve the Smithsonia and Dunlap Railroad Company from the penalty provided by the act of September 1i, 1889.

Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:
Afr. President:
Your committee have had under consideration the following Senate bill, which I am instructed to report back, with the recommendation that the same do pase, to-wit:

A bill to be entitled an act to amend the act of Octol,er 2."), 1889, so as to further limit and restrict the issuing of licem:es by the Georgia Board of Pharmacy.

Also, the following Senate bill, which I am instructed to report back, with the recommendation that the same do pass as amended, to-wit:
A bill to be entitled an act to prohibit hunting and fishing on lots of land numbers 278, 279, 281, 282, 28.5, 320 and 351, of Decatur county, to provide penalty for the same, etc.

Also, the following Senate bill, which I am instructed to report back, with recommendation that the same do not pass, to-wit:

A bill to be entitled an act to amend section" F" 2057 of the Code of 1882, in regard to titles tainted with usury.

Respectfully submitted.

T. B. CABANiss, Chairman.

By resolution of Mr. Lamb, Mr..J. L. Beach was tendered a seat in the Senate during his stay in the city.
On motion of Mr. Mullis, the bill to incorporate the Bank of Cochran was received from the Committee on Banks, read the second time; and recommitted to said committee.
The following bills of the House were taken up under a suspension of the Rules, read the first time and referred as ind~cated, to-wit:

FRIDAY, JuLY 17, 1891.

87

A bill to create the Criminal Court of Atlanta, to establish other like courts in certain counties, and to amend an act establishing the City Court of Atlanta, etc.
Referred to the General Judiciary Committee.

A bill to prohibit physicians and prescription clerks in a drug establishment from pusuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor.
Referred to the Committee on Temperance.

A bill to relieve the Lithonia and Dunlap Railroad Company from a penalty, etc.
Referred to the Committee on Finance.
A bill to amend section 3976 of the Code of 1882. Referred to the General Judiciary Committee.
A bill to incorporate the Dalton, Spring Place and East.: ern Railway Company.
Referred to the Committee on Railroads; and

A bill to appropriate the sum of $500, for the purpose of providing county maps for the office of Secretary of State.
Referred to the Committee on Finance.

The Senate took up the Report of the Committee on Finance, on the bill of the Senate, to amend article 7, section 2, paragraph 1, of the Constitution of 1877, so as to authorize the General Assembly to levy a graduated income tax, and for other purposes.
The report was agreed to.

The bill was read the third time, and on the question of its passage the ayes and nays were recorded, it being a bill to amend the Constitution.

Those who voted in the affirmative are Messrs.-

Beard, Beck,

Gill, Golden,

Nunnally, O'Neal,

88

JOURNAL OF THE SENATE.

Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, ].<'lint,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hodges,

Smith, of 28th Dist.,,

Irvine,

Strickland,

Johnson of 21st Dist., Tatum,

Johnston, of 39th Dist.,Terrell,

Lawb,

Todd,

Lane,

Vincent,

McRae,

",.alker,

Mullis,

'Varren,

Witcher.

There are ayes 37; there are nays 0.

So the bill received a constitutional majority and passed.

The bill of the Senate to amend section 1679 of the Code of 1882, so as to increase the liability of stockholders of private_ corporations chartered by the Superior Courts of this State, and for other purposes, was taken up for a third reading, and on motion of Mr. Cabaniss made the special order for Wednesday, July 22, at 11 o'clock.
The bill of the Senate to carry into effect amendment to article 3, section 7, paragraph 18, of the Constitution of Georgia was taken up for a third reading, and on motion of Mr. Candler was laid on the table.
The bill of the Senate to amend section 298 of the Code of 1882, and for other purposes, which was taken up for a third reading, was, on motion, laid on the table.

The Senate, on motion of Mr. Smith, of the 28th District, went into executive session, and, after spending some time therein, returned to open session.

Leave of absence was granted Mr. Gill until Monday next, on account of sickness.

The Senate took up the Report of the Committee on General Agriculture on the Bill of the House to require all cotton seed meal to be subjected to analysis and inspection as a condition precedent to being offered for sale, and for other purposes, etc.
The report was agreed to.

MoNDAY, JuLY 20, 1891.

89

The bill was read the third time and passed by constitutional majority, ayes 25, nays 5.
The Senate took up the report of the Committee-on Railroads on the bill of the House to amend the charter of the Talbotton and Western Railroad Company, approved December 24th, 1888, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted.

The report was agreed to.
The bill was read the third time and passed, as amended, by a constitutional majority, ayes 30, nays 0.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to prevent the sale of cotton in the seed or lint in this State, without the written consent of the owner of the land on which the Aame was received, etc.
A bill to amend the act of October 25th, 1889, so as to further limit and restrict the issuing of licenses by the Georgia State Board of pharmacy.

A bill to provide a system of registration for the county of Echols, and for other purposes; and
A bill to prohibit hunting and fishing on certain lots of land in the 19th District of Decatur county.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until Monday next, at 10 o'clock A.M.

SENATE CHAMBER, ArLANTA, GEoRGIA, Monday, July 20, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

90

JOURNAL OF THE SENATE.

On the ca~l of the roll, the followin,g Senatora answered to their names :

Beard, Beck, Bennett, Boyd; Brown, Cabaniss, Callaway, Candler, Culver, E1son, Ellington, Flint, Gill,

Glenn,

O'Neal,

Golden,

Patton,

. Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.;

Hill,

Stricklan<t

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Williams,

McRae,

Witcher,

Nunnally,

Mr. President.

The Journal was read and approved.

Mr. Cabiniss, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the follo.;ing bill, which they instruct me to report back, with the recommendation that the same do pass as amended:

A bill to abolish the County Court of Tatnall comity.

Respectfully submitted.

T. B. C~BANiss, Chairman.

On motion of Mr. CabaniRs, the bill of the House to create a Criminal Court for the city of Atlanta, etc., was 1ead the second time and recommitted to the General Judiciary Committee.

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

Mr. Presideut:

The House has pasaed the following House bill by the

requisite majority, to-wit:

'

A bill to be entitled an act to amend an act, approved October 25, 1889, for the better protection of game and game

MoNDAY1 JuLY 20, 1891.

91

birds within the county of Glynn, to provide a penalty for a violation of the same, and for other purposes.

By resolution of Mr. Cabaniss, the Hon. C. L. Bartlett, of the county of Bibb, was invited to a seat in the Senate during his .stay in this city.

On motion of Mr. Callaway, leave of absence until to-morrow was granted Mr. Warren, on imporlant business.

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

By Mr. Ellington-
A hill to regulate and fix the fees of tax-receivers and tax-collectors in this State, and for other purposes.
Referred to the Committee on Finance.

By Mr. Lane-
A bill to make all railroad companies, express companies and other common carriers in this State, carrying goods of any kind over their respective lines, and charging therefor, liable to the person or pel"!'ons to whom goods or freight of any kind may be delivered for all overchargefl in freight or carriage fees, for all damages for losses or shortage in freight or goods delivered by them.
Referred to the Committee on General Agriculture.

The bill of the House to abolish the County Court of Tatnail county was taken up under a suspension of the Rules, read thP- second time and passed to a third reading.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend the act of October 25, 1889, so as to further limit and restrict the issuing of licenses by the Georgia State Board of Pharmacy.
The report was agreed to.

The bill was read the third time, and on the question of

92

J.ouRNAL oF THE SENATE.

its passage, Mr. Golden required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

BPard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culver,

Eason,

Lamb,

Ellington,

Lane,

Flint,

Patton,

Gill,

Smith of 28th Dist.,

Glenn,

Strickland,

Harlan,

Tatum,

Hill,

Terrell,

Johnson of 21st Dist., Williams,

Johnston of 39th Dist.,

Those who voted in the negative are Messrs.-

Gol<len, Harp, Irvine,

McRae, Nunnally, O'Neal,

Smith of 6th Dist., Vincent, Witcher.

There are ayes 26; there are nays 9.

So the bill having received a constitutional majority, was passed.
By resolution of Mr. O'Neal, the Hon. A. P. Wright, of the county of Thomas, was tendered a seat in the Senate during his stay in this city.
Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass as amended, to-wit:
A bill to incorporate the Tallapoosa Street Railway Company, and for other purposes.
Also, a bill to incorporate the Thomson and Lincolnton Railroad, &.nd for other purposes.
Respectfully submitted. .RICHARD JoHNSoN, Chairman.

MoNDAY, JuLY 20, 1891.

93

The Senate took up the report of the Committee on Agriculture on the bill of the Senate to provide a system of registration for the county of Echols, and for other purposes.

Proof of legal notice, by publicati9n, was submitted to the Senate.
The report was agreed to.

The bill was read the third time and passed by constitutional majority, 1here being ayes 32, nays 0.

The bill of the Senate to prohibit hunting or fishing on lots of land Nos. 278, 279, 281, 282,283, 320 and 331, in the 19th District of Decatur county, which was taken up for a third reading, was, on motion of Mr. O'Neal, laid on the table.
The Senate took up the report of the General Judiciary Committee on the hill of the Senate to amend section 3910(d) of the present Code of Georgia, embodying section 1 of the act approved December 16, 1878, entitled ''an act to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877," so as to require that the entire list of the persons selected as jurors by the Jury Commissioners, as therein provided, shall constitute the list of traverse jurors for the county.
The report was agreed to.

The hill was read the third time, and passed by constitutional majority, there being ayes 25, nays 5.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Thomson and Lincolnton Railroad, etc.

The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, by constitutional majority, there biing ayes 28, nays 0.

9!

JOURNAL OF THE SENATE.

By resolution of Mr. Johnston, of the 39th District, Capt. T. W. Ezzard was invited to a seat in the Senate during his stay in this city.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Tallapoosa Street Railway Company, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 32, nays 0.
The bill of the Senate to alter and amend article 3, section 7, paragraph 18, of the Constitution of the State, and for other purposes, was taken up for a third reading, when, on motion of Mr. Glenn, the same was laid on the table and made the special order for 41 o'clock A. M. to-morrow, the 21st instant.
By resolution of Mr. McRae, the Hon. W. T McArthur was invited to a seat in the Senate during his stay in the city.
The Senate took up the report of the Committee on General Agriculture on the bill of the Senate to prevent the sale of cotton in the seed or lint, in this State, without the written consent of the owner of the land on which the same was raised, to provide a penalty, and for other purposes.
Mr. O'Neal proposed to amend as follows:
Amend the first section hy adding thereto the following: "Provided, this act shall not alter or repeal any local law in relation to the sale of seed cotton now of force in this State."

Pending action on this amendment, the bill and amendment were laid on the table.

The bill of the House to amend an act approved October 15, 1889, for the better protection of game and game birds within the county of Glynn, and for other purposes, was

TuESDAY, JuLY 21, 1891.

95

read the first time, and referred to the Committee on Agriculture.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, July 21st, 1891, 10 O'clock A: M.

The Senate met pursuant to adjournment, and was called to order by the President. Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.

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

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

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Tod1l,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lane,

Warren,

McR:1e

Williams,

Mullis,

Witcher,

Nunnally,

Mr. President.

O'Neal,

The Journal was read and approved.

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

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

A bill to be entitled an act to prevent persons from trespassing upon the lands of others by hunting, fishing, or otherwise, in the county of Effingham.

96

JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to regulate the hour8 of labor of train-men on railroads in this State.
Also, a bill to be entitled an act to fix and provide for the compensation of the Commissioners of Roads and Revenues of Newton county, and for other purposes connected therewith.
Also, a bill to be entitled an act to require proprietors and keepers of public gins to keep records of their work, to provide penalties for violations of the same, and for other purposes.
Also, a bill to be entitled an act to require and provide for the registration of the legal voters of Montgomery county, and to provide a penalty for the violation of the same.
Also, a bill to be entitled an act to amend the charter of the Coast Line Railroad Company of Savannah, Ga.
Also, a bill to be entitled an act to amend the charter of the City and Suburban Railwa~ of Savannah, Ga.
Also, a bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Towns,and to prescribe their powers, duties and privileges, and for other purposes
The House has also agreed to the following resolution, with which it asks the concurrence of the Senate, to-wit:
A retolution to appoint three from the House and two from the Senate as a committee to imrestigate the status of the land scrip fund.
)lr. Ellington gave notice of his intention to move a reconsideration of so much of the Journal as relates to the passage of the bill of ;he Senate, with amendments to incorporate the Thomson and Lincolnton Railroad Company, etc.
Mr. O'Neil, by unanimous consent, moved to reconsider so much of the Journal of yesterday as relates to the pas-

TuEsnAY, JULY 21, 1891.

97

sage of the bill of the Senate to amend the act of October 25, 1889, so as to further limit and restrict the issuing of licenses by the Georgia. State Board of Pharmacy.
On motion of Mr. Glenn, pending this proposition to reconsider, the bill of the Senate to alter and amend article
3, section i, paragraph 18 of the Constitution of the State,
which was made the special order of 11 o'clock this day, was discharged for the present.

The motion to reconsider was resumed, and on this question the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messrs.-

Beard, Golden, Harp, Irvine,

1\IcRae, Nunnally, O'Neal,

Strickland, Vincent, Witcher.

Those ,who voted in the negative are Messrs.-

Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culver, Eason, El ington,

Flint,

Mullis,

Gill,

Patton,

Glenn,

Smith of 6th Dist.,

Harlan,

Smith of 28th Dist.,

Hill,

Tatum,

Hodges,

Terrell,

Johnstol;l of 39th Dist.,Todd,

Lamb,

Warren,

Lane,

Williams.

There are ayes 10; there are nays 28.

So the motion to reconsider did not prevail.

Mr. Ellington moved to reconsider so much of the Journai of yesterday as relates to the passage of the bill of the Senate, as amended, to incorporate the Thomson and McDuffie Railroad Company.

The motion of Mr. Ellington prevailed, and the biJl being reconsidered, was, under a suspension of the Rules, taken up and placed upon its passage.
7

98

JOURNAl, OF THE SENATE.

On motion of Mr. Ellington, the amendment of the com- mittee, adopted on yesterday, was so amended as to insert after the name of C. H. Ellington, in the 4th line of the 1st section, the words, " and John E. Smith."

The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 36, nays 0.

Under a suspension of the Rules, Mr. Mullis introduced a bill to prohibit the sale of intoxicating liquors in Pulaski county and to provide a penalty for its violation, which was read the first time and referred to the Committee on Temperance.

The special order for this day, which was tempora1ily displaced, was taken up for a third reading, to-wit:

A bill to alter and amend article 3, section 7, paragraph 18 of the Constitution of the State, and for other purposes.
On motion of l\Ir. Candler, this bill was made the special order for Thursday, the 23d instant, at 11 o'clock A. M.
The President announced as the committee on the part of the Senate, under a joint resolution of the Senate, to investigate the freight and paesenger charges of the railroads of the State, etc., Messrs. Warren of the 18th District, Terrell of the 36th District, and Gill of the lOth District.

The bill of the Senate to prevent the sale of cotton in the seed or lint in this State, without the written consent of the owner of the land, etc., was taken, on motion, from the table, and recommitted to the Committee on General Agriculture.
The Senate took up the report of the General Judiciary Committee on the bill of the House to abolish the. County Court of Tatnall county.
The committee reported in favor of its passage, with amendments, which was adopted.
The report, as amended, was agreed to.

TUESDAY, 'JuLY 21, 1891.

99

The bill was read the third and passed, as amended, by constitutional majority, there being ayes 30, nays 0.

The bill of the House to amend paragraph 1, section 11 of article 8 of the Constitution, as provided in paragraph 1, section 1 of article 13 of the Constitution, so as to make the State School CommiF~:~ioner elective, was read the second time and passed to a third reading.

Mr. Cabaniss, Chairman of the Committee of General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which I am instructed to report back, with the recommendation that it do pass, to-wit:
A bill to be entitled an act to authorize the Judges of the Ruperior Courts of the State to fix and prescribe the grade bf turnpike roads in this State, and for other purposes.
Also, the following Senate bill, which I am inl:ltructed to report back, that it may be read a second time, and that 100 copies of the same be printed for the use of the Senate, and the bill be recommitted, to-wit:
A bill to be entitled an act for the punishment of pools, trusts and conspiracies, and relating to evidence in such cases, and for other purposes.
Also, the following Senate bill, which I am instructed to report back to the Senate, without recommendation, and with request that it be referred to the Special Judiciary Committee, to-wit:
A bill to be entitled an act to define the rights of parties over the settlement of cases, and to limit the powers of attorneys concerning the same, and for other purposes.
Also, the following Senate bill, which I am instructed' to report back, with recommendation that it do pass, t.o-wit :
A bill to be entitled an act to amend paragraph 6, section

:. ~ - ~

100

JOURNAL OF THE SENATE.

4, article 3 of the Constitution of 1877, determining length of sessions of General Assembly.
Respectfully submitted. T. B. CABANISS,
Chairman General Judiciary Committee.

Mr. O'Neal, Chairman of Committee on Banks, submitted the following report:

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

A bill to be entitll:ld an act to incorporate the Bank of Cochran, Georgia, and for other purposes.
Respectfully submitted. MAsToN O'NEAL, Chairman.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to require all cotton seed meal to be subjected to analysis and inspection, as a condition precedent to being offered for sale, and for other purposes.
R. M. W. GLENN, Chairman.

The bill of the Senate to define the rights of partiet:t over the settlement of cases, and to limit the powers of attorneys concerning the same, and for other purposes, was, on ~notion, referred to the Special Judiciary Committee.
1\Ir. Irvine introduced a resolution, which was read and agreed to, adding the Hon. Mr. Smith, of the 28th District, to the Committee on Public Schools.

WEDNESDAY, JuLY 22, 1891.

101

Leave of absence was granted Mr. Harp from Friday to Tuesday next, and to Mr. Lane until Friday next, after this day.

By resolution of Mr. William!l, the Hon. F. G. DuBignon was invited to a seat in the Senate during his stay in this city.
By resolution of Mr. Gill, a similar courtesy was extended to the Hon. W. A. Allen, of the county of Worth.
By resolution of Mr. Cabaniss, the Hon. E. L. Merrett, member of the House of Representatives of the State of Illinois, was extended the pl'ivileges of the floor of the Senate during his stay in the city, by a unanimous vote of the Senate.
By resolution of Mr. Mullis, Judge Watson, of Hawkinsville, Ga., was tendered a seat in the Senate during his stay in the city.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morro,v.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 22,1891,10 O'clock A.lll.

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

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

On the call of the roll the follo,ving Senators ans\vered to their names:

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

Glenn,

O'Neal,

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Iuhnson of 21st Dist., Todd,

102

JOURNAJ, OF THE SENATE.

Culpepper, Culver, Eason, Ellington, Flint, Gill,

Johnston of 39th Dil!t.,Vincent,

Lamb,

Walker,

I.ane,

'Varren,

McRae,

Williams,

];!ullis,

Witcher,

Nunnally,

Mr. President.

The .Journal was read and approved.

Mr. Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Pre.sident:
Your committee have had under consideration the followin:; Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to amend an act to prescribe the duties of tax-collectors of this State, approved October 17, 1885, and for other purposes.
Also, a bill to be entitled an act to define the rights of parties over the settlement of cases, and to limit the powers of attorneys concerning same, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pas><, to-wit:
A bill to be entitled an act to create a Board of Commissioners in and for each militia district in the county of Brooks, to be known as Estate Commissioners, and to prescribe the manner of their appointment, duties, term of office, fees, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.
1\Ir. ~unnally, Chairman of the Committee on Temperance, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

WEDNESDAY, JULY 22, 1891.

103

A bill to be entitled an act to prohibit physicians and prescription clerks in a drug establishment from pursuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor.
Respectfully submittei. J. E. NuNNAI.LY, Chairman.

Mr. Cabaniss, Chairman of the Committee on General
,Judiciary, submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to be entitled an act to confer additional jurisdiction on the county courts of this State.

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

A bill to be entitled an act to establish the Criminal Court of Atlanta; to establish other like courts in certain counties, and in pursuance thereof to amend an act establishing City Court of Atlanta, passed December 15, 1871, and acts amendatory thereof, and for other purposes.

Also, a bill to be entitled an act to amend section 3976 of the Code of 1882.

Respectfully submitted.

T. B. CABANiss, Chairman.

The Senate, on motion, weut into executive session, and having spent some time therein, returned to open session.
On motion of Mr. Golden, leave of absence was granted to Mr. Lanier until Friday next.
On motion of Mr. Calloway, leave of absence was granted Messenger of the Senate for a few days after Friday next.

104

JoURNAL OF THE SENATE.

On motion of Mr. Lane, leave of absence was granted Mr. Golden, on account of sickness.

By resolution of Mr. Culver, Hon. F. L. Little was tendered a seat in the Senate during his stay in this city.

On motion of Mr. Cabaniss, the bill of the Senate to pro-

vide for the punishment of pools, trusts and conspiracies,

and relating to evidence in such cases, and for other pur-

poses, was taken up and one hundred copies thereof ordered

to be recommitted, in conformity with the report of the

General Judiciary Committee.

'

The bill of the Senate to amend section l 676 of the Code of 1882, so as to increase the liability of 8tockholders of pri,ate corporations chartered by Superior Courts of this State, and for other purpose~, which was the special order for this day, was, on motion of Mr. Terrell, made the special order for to-morrow at 11 o'clock A. M.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the Hause, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to declare all obligations to pay attorneys' fees, in addition to the interest specified therein, upon any note or other evidence of indebtedness void and of no effect, and to prohibit the collection of the same, and for other purposes.
Respectfully submitted~ R. M. W. GLENN, Chairman.

The following message was received from the House, th:t:ough Mr. Hardin, the Clerk thereof:
.lfr. President: The House has passed the following bills of the House by
the requisite constitutional majority, to-wit:

WEDNESDAY, JULY 22, 1891.

105

A bill to be entitled an act to prohibit the sale of spirit-
uous, malt and intoxicating liquors within one mile of Clarl~'s University, in Fulton county.

Also, a bill to fix and provide for the compensation of the members of the County Board of Education for the county of Newton, and for other purposes connected therewith.

Also, a bill to repeal an act approved December 18, 1884, so far as the same applies to the county of Baldwin, and for other purposes.

Also, a bill to amend section 3777 of the Code of 1882.

Also, a bill to prohibit the buying or selling of farm products, sugar, coffee, cotton, salt and meat for future delivery, and to prescribe a penalty for violation of same, and for other purposes.

Also, a bill to amend an act entitled "an act to require the Clerk of the Superior Court of Bibb county to have prepared a general index and abstracts of all the records in his office.
Also, a bill to amend the charter of the town of Hawkinsville, so as to a~thorize the establishment and maintenance of public schools in said town.
Also, a bill to amend ari act approved October 24, 1887, which is entitled ''an act for the protection of game and birds in Troup county, to prohibit the killing or netting of the same," etc., by striking out ~he word "October,'' in the first section thereof, and substituting the word " November."
Also, a bill to authorize the East Tennessee, Virginia and Georgia Railway Company to build a side-track from its main track near north Rome to the Rome brickyard.
Also, a bill to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the mayor and cou"P-cil thereof powers, privileges and duties, to repeal all existing charters or acts conferring corporate powers, and for other purposes.

106

JoURNAL OF THE SENATE.

On motion of Mr. Hodges, the bill of the Senate to amend section '' F" of 2057 of the Code of 1882, in regard to titles tainted with usury, was taken up under adverse report of the General Judiciary Committee.

Mr. Hodges moved to disagree to said report. The motion to disagree did not prevail.

The adverse report was agreed to, and the bill was, therefore, lost.

On motion of Mr. Mullis, the Rules were suspended, when the bill of the House to amend the charter of the town of Hawkinsville, in Pulaski county, so far as to authorize the establi"hment aud maintenance of public schools in said town, and authorizing the issuing of bonds of said town, etc., was read the first time, and referred to the Committee on Corporations.

On motion of Mr. Todd, the Senate took up the report of the General Judiciary Committee on the bill of the House to establish a Criminal Court of Atlanta, to establish other like courts in certain counties, and in pursuance thereof to amend an act establishing the City Court of Atlanta, passed December 1.5, 1871, and ads amendatory thereof, and for other purposes.

The report, which was favorable, was agreed to.

Proof of due l"lgal notice by publication was submitted to the Senate.

The bill was read the third time and passed by constitutional majority, there being ayes 32, nays 0.

The hour of adjournment arrived, and the President declared the Senate adjourned until 10 o'clock A. M. tomorrow.

THURSDAY, JUJ:;Y 23, 1891.

107

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, July 23, 1891, 10 O'clock A.M.

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

Prayer was offered by the Chaplain.

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

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

Glenn,

O'Neal,

Harlan,

Patton,

Harp,

Rmith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

'Valker,

Lanier,

'Varren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Mr. President.

The Journal was read and approved.

On motion of Mr. Callaway, the bill of the Senate to amend an act to prescribe the duties of Tax-Collectors of this State, approved October 17, 1885, and for other purposes, was recommitted to the Special Judiciary Committee.

On motion of Mr. Candler, the Rules were suspended, and the Senate took up the joint resolution from the House to provide ajoiut committee of three from the House and two from the Senate to investigate and report in regard to the status of the Land Scrip Fund.

This resolution was concurred in and the President appointed as the committee thereunder, on the part of the Senate, Messrs. Candler and Hill.

On motion of Mr. Candler, the resolution was ordered to be immediately transmitted to the House.

10'8

J(}URNAL OF THE SENATE.

On motion of Mr. Beck, the bill of the Senate for the punishment of pools.1 tr11sts and c<mspiracies, and relating to evidence in such cases, and for other purposes, was read the second time and recommitted to the General Judiciary Committee.
Mr. Candler reported back to the Senate, as Chairman of the Committee on Corporations, the bill of the House to amend the charter of the town of Hawkinsville, and authorize the establishment and maintenance of public schools in said town, etc., with the recommendation that the same be read the second time and recommitted.

On motion of Mr. Mullis, the bill was read the second time and .recommitted.
By resolution of Mr. Bennett, Dr. M. R. Mallette was tendered a seat in the Senate during his stay in the city.

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

Mr. Cabaniss, Chairman of the Committee on General .Judiciary, submitt('d the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to authorize the purchasing o0f track hounds by county authorities, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to provide for the appointment and compensation, and to prescribe the duties of special criminal Bailiffs for the Solicitor-General in the Superior, City and Cou~ty Courts in counties having more than 20,000 inhabitants in the State, a~:d for other purposes.

THURSDAY, JuLY 23, 1891.

109

Alf'O', the following House bill, which they instruct me to report back, recommending that the same do pass-, as amended, to-wit:
A bill to be entitled an act for the protection of discharged employees, and to prevent black listing, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.

The following communication was received from His Excellency, the Governor, through Mr. Warren, hi.o Secretary, to-wit:

Mr. President:
I am directed by the Govemor to deliver to the Senate a sealed communication, to which he respectfully invites the considera.tion of your honorable body in executive session.

The bill of the Senate to confer additional jurisdiction on the County Courts of this State was taken up, under advers-e report of the Genera..l .Judiciary Committee, and lost, by agreement, with said report.

The bill of the House to create a Board of Commissioners for each Militia District in the county of Brooks was taken up, under adverse report of the Special Judiciary Committee, and lost, by agreement, with said report.

The bill of the Renate to define the rights of parties over the s-ettlemPnt of cases, eta., which was taken up under adverse report of the Special Judiciary Committee, was, on motion of Mr. Smith of the 28th District, laid on the table.

The bill of the Senate to authorize the purchase of track hounds by county authorities, which was taken up, under adverse report of the General Judiciary Committee, was, on motion of Mr. Candler, laid on the table.
The following message was received from the House, through Mr. Rardin, the Clerk thereof:

110

JotiRNAL oF THE SENATE.

Mr. President:
The House has pasRed the following bills of the Hou81:l by the requisite constitutional majority, to-wit:

A bill to be entitled an act to make penal the non-compliance of laborers, or others, with their contracts, where advances have been made them on their false promises to to pay. for the same in labor or other services.
Also, a bill to incorporate the town of Dexter, in the county of Laurens, and provide a government for the same.

Also, a bill to amend an act entitled an act to provide for the keeping of a record in each county in this State, the wild lands lying and being therein; to regulate the manner of giving in wild lands for taxation in this State.

The House has concurred in the Senate amendment to the following bill of the House, to-wit :

A bill to abolish the County Court of the county of Tatnail.
The bill of the Senate to alter and amend article 3, section !), paragraph 1 of the Constitution of the State, etc., which was reported adversely by the Committee on Finance, waR taken up under said report.

Mr. Smith, of the 28th District, moved that the Senate disagree to said auverse report.

Gn this question the ayes and nays were demanded and recorded.

Those who voted in the affirmative are Messrs.-

Beck, Callaway, Ellington,

Hill, McRae, Smith of 28th Dist.,

Strickland, Tatum,
'l'errell.

Those who voted in the negative are Messrs.-

Beard, Bennett, Boyd, Brown,

Harlan, Harp, Hodges,
Irvine,

Nunnally, ONeal, Patton, Smith of 6th Dist.,

THURSDAY, JULY 23, 1891.

111

Cabanies, Caniler, Culpepper, Culver, Flint, Gill, Glenn,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

L!imb,

Walker,

Lane,

"\Varren,

Lmier,

"\Villiams,

Mulli.~,

Witcher.

There are ayes 9; there are nays 31.

So the motion to disagree to the adverse report of the Finance Committee did not prevail.

The ad verse report of the committee was agreed to, and the bill, therefore, lost.

The Senate took up the special order, to-wit: The report of the special committee on the bill of the Senate to alter and amend article 3, section 7, paragraph 18 of the Constition of the State, and for other purposes.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were ordered to be recorded, the same being a bill to amend the Constitution of the State.

Those who voted in the affirmathe are Messrs.-

Beard, Beck, B<!nnett, Boyd, Brown, Cabaniss, Callaway, Culpepper, Culver, Eason, Ellington, Flint, Gill, Glenn,

Harlan,

O'Neal,

Harp,

Patton,

Hill,

Smith of 6th J)ist.,

Hodges,

Smith of 28th Dist.,

Irvine,

Strickland,

Johnson of 21st Dist., Tatum,

Johnston of 39th Dist., Terrell,

Lamb,

Todd,

lAme,

Vincent,

Lanier,

Walker,

McRae,

\Varren,

Mullis,

WilliamA,

Nunnally,

Witcher.

The member voting in the negative is Mr.-

Candler.

There are ayes 40; there are nays 1.

112

JOURNAL OF THE SENATE.

So the bill was passed by a constitutional majority.
On motion of Mr. Terrell, the bill of the Senate to amend section 1676 of the Code of 1882, so as to increa!"e the liability of stockholders of private corporations, etc., which was a special order for this day, was discharged as such.
On motion of Mr. Mullis, the Rules were suspended, and the report of the Committee on Banks on the bill of the Senate to incorporate the Bank of Cochran, etc., was taken Uf>.
Proof of legal notice by publication was submitted.
The committee reported in favor of the passage of the bill, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 27, nays 0.

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

Mr. Ptesident:
The House has concurred in the following resolution of the Senate, to-wit:
A resolution appointing a special joint committee of five from the Senate and seven from the House to draft and report bills modifying, con!Oolidating and equalizing the pension laws of this State, etc.

The <'Ommittee on the part of the House are Messrs. Berner, Chairman; Phillips, Hardeman, Huff, Maxwell, Cutts, and Sharpe.

The following bills of the House were t.aken up, read the first time, and referred as indicated, to-wit:
A bill to make penal the non-compliance of laborers or others with their contracts where advances have been made to them, etc.
Referred to the General Judiciary Committee.

THURSDAY, JULY 23, 1891.

113

A bill to prohibit the sale of spirituous, malt and other intoxicating liquors within one mile of Clark's University~ in Fulton county.
Referred to the Committee on Temperance.
A bill to fix and provide for the compensation of members of the County Board of Education for Newton county.
Referred to the Special Judiciary Committee.
- ~A bill to repeal an act approved December 18, 1884, so far as applies to the county of Bald,yin, and for other purposes.
Referred to the Special Judiciary Committee.
A bill to require proprietors and keepers of public gins to keep records of their works, etc.
Referred to the Committee on General Agriculture.
A bill to amend an act to approved October 24, 1887, for protection of game and birds in Troup county, etc.
Referred to the Special Judiciary Committee.
A bill to amend section 3777 of the Code of 1882. Referred to the General Judiciary Committee.
A bill to authorize the East Tennessee, Virginia and Georgia Railway Company to build a side-track near North Rome to the Rome brickyard.
Referred to the Committee on Railroads.
A bill to fix and provide for the compensation of the Commissioners of Roads and Revenues of Newton county, etc.
Ueferred to the Committee on Finance.
A bill to amend the charter of the City and Suburban Railway of Savannah, Georgia.
Referred to the Committee on Railroads.
A bill to create a Board of Commissioners of Roads and Revenues in the county of Towns, and to prescribe their powers and duties.
Referred to the Special Judiciary Committee.
8

114

JOURNAL OF THE SENATE.

A bill to prevent persons from trespassing upon the lands of another by hunting, fishing or otherwise in the county of Effingham.
Referred to the Special Judiciary Committee.

A bill.to amend an act to provide for the keeping of a record in each county in this State of the wild lands lying and being therein, and to regulate the manner of giving in wild lands for taxation.
Referred to the General Judiciary Committee.

A bill to amend the charter of the Coast-Line Railroad Company, of Savannah.
Referred to the Committee on Railroads.

A bill to require and provide for the registration of the legal voters of Montgomery county, etc.
Referred to the Special Judiciary Committee.

A bill to prohibit the buying and selling of farm products, sugar, coffee, cotton, !'alt and meat for future delivery, and prescribe a penalty, etc.
Referred to the General Judiciary Committee.

A bill to regulate the hours of labor of train-men on the railroad~ in this State.
Referred to the Committee on Railroads.

A bill to incorporate the town of Clarkesville, in Habersham county, and for other purposes.
Referred to the Committee on Corporations.

A bill to amend an act to require the Clerk of the Superior Court of Bibb county to have prepared a general index and abstracts of all the records in his office.
Referred to the Finanee Committee; and

A bill to incorporate the town of Dexter, m Laurens county, and for other purposes.
Referred to the Committee on Corporations.

THURSDAY, JULY 23, 1891.

115

.Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Pre.sident:
Your committee .report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following act: to-wit:
An act to establish the Criminal Court of Atlanta, to stablish other like courts in certain counties, and in pursuance thereof to amend an act establishing City Court of Atlanta, passed December 15, 1871, and acts amendatory thereof, and for other purposes.
Respectfully submitted. R. 1\I. \V. GLENN, Chairman.

The following communication was received from His Excellency, the Governor, through Mr. \Varren, his Secretary, to-wit:
Mr. President:
I am directed by the Governor to deliver to the Sei1ate 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 after spending some time therein, returned to open session.

By resolution, Ex-Senator Thomas Neal and Re\. C. C. Casey were tendered seats in the Senate during their stay in the city.
Leave of absence was granted Mr. Smith, of the 28th District, until Friday next.

Under suspension of the Rules, the following bills were introduced, read the first time, and referred as indicated, to-wit:
By Mr. Warren-
A bill to amend an act to amend an act to incorporate

116

JoURNAl, OF THE SENATE.

the Louisville Branch Railroad Company, etc., approved October 8, 1879.
Referred to the Committee on Railroads.
Also, by Mr. WarrenA bill to amend an act to incorporate the Louisville
Branc.h Railroad Company, approved August 24, 1872, etc. Referred to the Committee on Railroads.
Also, by Mr. WarrenA bill to amend an act to charter the Louisville Branch
Railroad Company, approved August 14, 1879, etc.
Referred to the Committee on Railroads.
By :Mr. CandlerA bill to repeal the act of September 21, 1887, etc., pro-
viding for the holding of special terms of the Superior Courts to grant charters.
Referred to the General Judiciary Committee.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATL.\NTA, GEORGIA,
Friday, .July 24, 1891, 10 O'clock A. liL
The Senate met pursuant to adjournment, the ~resident in the chair.

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

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

Beard, Beck, Bennett,

Gill, Glenn, Harlan,

O'Neal, Smith of 6th Dist., Strickland,

'

FRIDAY, JULY 24, 1891.

117

"Boyd, "Brown, Cabaniss, <JJllaway, Dandier, <Julpepper, Culver, Eason, Ellington, Flint.,

Hill,

Tatum,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Johnston of 39th Dist.,Walker,

Lamb,

Warren,

Lanier,

Williams,

McRae,

Witcher,

Mullis,

1\Ir. President.

Kunnally,

The Journal was read and approved.

The following me;;sage was received from the House, through Mr. Hardin, the Clerk thereof:

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

A bill to be entitled an act to appropriate m(Jney to pay the expenses of the Western and Atlantic Railroad Commission, and for other purposes.

The House has adopted the following joint resolution:;, in which they ask the concurrence of the Senate, to-wit:
A joint resolution accepting the moneys appropriated and the trust imposed by Act of Congress, approved Au:gust 5th, 1861, and for other purposes.
Also, a joint resolution appropriating fiye hundred dolars, for the purpose of paying an agent to collect certain moneys therein described.
Under a call of the roll for the introduction of new matter, Mr. Walker introduced a bill to amend section 1705 of the Code of 1882, which was read the first. time and referred to the General Judiciary Committee.
By resolution of Mr. O'Neal, Prof. A. Q. Moody and Capt. K. T. McLean, of the county of Thomas, were in vited to seats in the Senate during their stay in this city.
Leave of absence was granted Mr. Candler for a few days -on important business.

118

JoURXAL OF THE SEXATE.

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

Jl.fr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signature of the President and Secretary of the Senate, the following act, to-wit:
An act to abolish the County Court of Tatnall county.
Respectfully submitted. R. l\I. Vl. GLENN, Chairman.

The following bill and joint resolutions of the House were taken up, under a suspension of the Rules, read the first time, and referred, as indicated, to-wit:
A joint resolution appropriating five hundred dollars for the purpose of paying an agent to collect certain moneys. etc.
Referred to the Finance Committee.
A joint resolution accepting moneys appropriated and the trust imposed by Act of Congress, approved August l5, !861, and for other purposes.
Referred to the Finanee Committee.
A bill to appropriate money to pay the expenses of the Western and Atlantic Railroad Commission, and for other purposes.
Referred to the Finance Committee.
l\Ir. Candler, Chairman Committee on Corporations, submitted the following report:

JJir. President:
Your committee have had under consideration the following House hills, which they inetruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to amend the charter of the town of Hawkinsville, in the county of Pulaski, and for other purposes.

FRIDAY, JULY 24, 1891.

119

Also, a bill to be entitled an act to amend an act creating a Board of Police CommissionPrs for the city of Augusta, and for other purposes.

Respectfully submitted.

G.t~DLER, Chairman.

Mr. Johnson, Chairman of the Committee on Railroads, submitted the follo""ing report:

"tfr. President:
Your committee have had under consideration the following Senate and House bills; which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to authorize stn~et railroad companies to sell to and contract with each other, subject to certain limitations.
Also, the following House bills, to-wit:
A bill to be entitled an act to incorporate the Dalton, Spring Place and Eaf'tern Railway Company, and for other purposes.
Also, the following Senate bills, with the recommenda7 tion that the same do pass as amended, to-wit :
A bill to be entitled an act to incorporate the Atlanta, Hapeville and Manchester Railroad Company, and for other purposes.
Also, the following House bill, with the recommendation that the same do pass as amended, to-wit:
A bill to be entitled an act to amend an act to proYide for the regulation of freights and passenger tariffs, and for other purposes.
JoH~soN, Chairman.

The following bills of the Senate were, on motion of Mr. Johnson, of the 21st District. read the second time and recommitted to thu Committee on Railroads, to-wit:
A bill to amend an act to amend an act to charter the

120

JOURNAL OF THE SENATE.

Louisville Branch Railroad Company, approved August 14, 1879, so as to authorize the extension of tmid roads, to change the name, etc.
A bill to amend an act to incorporate the Louisville Branch Railroad Company, approved August 24, 1872, so as to authorize an increase of the capital stock of said company.
Also, a bill to amend an act to amend an act to incorporate the Louisville Branch Railroad Company, approved {)ctober 8, 1879, so as to authorize said company to increase the amount of its bonds.

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

A bill to authorize street railroad companies to sell to and contract with each other, subject to certain limitations.

A bill to incorporate the Atlanta, Hapeville and Man-chester Railroad Company.
A bill to authorize the Judges of the Superior Courts of this State to fix and prescribe the grade of Turnpike Roads in this State, and for other purposes.

A bill to amend paragraph 6, section 4, article 3 of the

Constitution of 1887, determining the length of sessions of

the General Assembly.



Mr. Culver, under suspension of the Rules, introduced a bill to amend section 4662 of the Code of 1882, which was read the first time and referred to the Special Judiciary Committee.

The following bills of the House were read the second time and passed to a third reading, to-wit:

A bill to provide for the appointment, compensation, etc., of Special Criminal Bailiffs for Solicitor-General in the Superior, City and County Courts.

A bill to prohibit physicians and prescription clerks, in

FRIDAY, Jui.Y 24, 1891.

121

-a drug establishment, from pursuing their profession or calling, who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor.
A bill to amend an act creating a Board of Police Commissioners for the city of Augusta, approved August 26, 1879, as amended by acts approved September 14,1881, and September 14, 1883, etc.
A bill to amend an act to provide for the regulation of freight and passenger tariffs in this State, etc., and for other purposes.
A bill to incorporate the South Atlantic Railroad Company and to define its rights, powers and privileges, and for other purposes.
A bill to incorporate the Dalton, Spring Place and Eastern Railway Company.
Also, a bill to amend section 3976 of the Code of 1882.

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

llfr. President:
The House has passed, by the requisite majority, the following Senate bill, to-wit :
A bill to cede to the United States of America exclusive jurisdiction over certain land in the city of Savannah, to be conveyed by the Savannah Volunteer Guards, and for othf'r purposes.

The Senate took up the Report of the Committee on Corporations on the bill of the house to amend the charter of the town of Hawkinsville, in the county of Pulaski, so far as to authorize the establishment and maintenance of public schools in said town, and to authorize the issuing of bonds of said town by the corporate authorities thereof, for the purpose of building and equipping suitable Rchool buildings in said town, and for other purposes.

122

.JOURSAL OF THE SENATE.

Proof of legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed, by constitutional majority, there being ayes 31, nays 0.
This bill was, on motion of Mr. Mullis, ordered to he immediately transmitted to the House of Representatives.

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

Mr. Pre-sident :
The House have adopted the following resolution, in which they ask the concurrence of the Senate, to-wit :
a A resolution providing for joint session of the twO>
Houses in the hall of the House of Representatives, at
11 :30 A. ::\L \Vednesday, July 29, tn hear an address from the Chancellor of the University, Dr. Wm. E. Boggs.
The Senate took up the report of the General Judiciary Committee on the bill of the House for the protection of discharged employees and to prevent black-listing, an~ for other purposes.
The committee reported in favor of the passage of thebill, with dn amendment. which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended,. by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Committee on Public Schools on the bill of the House to amend paragraph 1, section 2 of article 8 of the Constitution, as provided in paragraph 1, section 1 of article 13 of the Constitution, soas to make the State School CommissionP.r elective.

The bill was read the third time, and on the question of its passage the ayes and nays were ordered to be recorded, it being a bill to amend the Constitution.

FRIDAY, JuLY 24, 1891.

123

Pending the announcement of the vote, the bill was, on motion of }lr. Candler, laid on the table. The following is the unannounced vote :

Those who voted in the affirmative are :Messrs.-

Beard, Beck, Bennett, Boyd, Brown, Candler, Culpepper, Culver,

~~as on, Ellington, Gill, Hill, Hodges, Lamb, Lanier, Mullis,

Nunnally, Smith of 6th Dist., Strickland, Tatum, Todd, Vincent, 'Varren.

Those who voted in the negative are l\Iessrs.-

Cabaniss, Callaway, Flint, Harlan,

Irvine,

O'Neal,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Walker,

McRae,

Witcher.

l\Ir. Glenn, Chairman of the Committee on Enrollment submitted the following report:

.Mr. President:

Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following act, to w1t:

Ah act to cede to the United States of America exclusive jurisdiction over land in the city of Savannah, to be conveyed by the Savannah Volunteer Guards, and for other purposes.

Respectfully submitted.

R. l\L w. GLENN,

Ch<tirman Enrolling Committee.

The following message was received from the House through l\Ir. Hardin, the Clerk :
.Mr. President:
The House has passed the following Senate bill, with an amendment, to-wit:

124

JoURNAL OF THE SENATE.

A bill to make more certain the fees of Clerks and Sheriffs in the State in divorce suits, and for other pmposes.
The Senate, on motion, took up and concurred in the joint resolution of the House to corlYene the General Assembly in joint session, to hear from the Chancellor of the Uni\ersity of Georgia on Wednesday next, at 11:30 A.M.
Leave of absence was granted Mr. Brown until Tuesday next.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. 111. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, July 27, 1891, 10 0 'clock A.M.

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

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

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

Beard, Beck, Boyd, Cabaniss, Callaway, Ellington, Flint, Glenn, Harlan, Hill, Hodges,

Irvine,

Strickland,

.Johnson of 21st Dist., Tatum,

Johnston of 39th Dist., Terrell,

Lamb,

Todd,

Lanier,

Yincent,

McRae,

walker,

Mullis,

'Varren,

Nunnally,

'Villiams,

O'Neal,

'Vitcher,

Rmith of 6th Dist., l\Ir. President.

The Journal was read and apprond.

On the call of the roll, the following bill was intl'Oduced, read the first time, and referred as indicated, to-wit:

MoNDAY, JuLY 27, 1891.

125

By Mr. Terrell-
A bill to make county administrators ex officio county guardians, prescribe their duties, and for other purposes.
Referred to the General Judiciary Committee.

Leave of absence until \Vednesday next was granted Mr. Culver, on account of sickness in his family.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize the Judges of the Superior Courts of this State to fix and pre8cribe the grade of turnpike roads in this State, and for other purposes.
The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 29, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to authorize street railroad companies to sell to and contract with each other, subject to certain limitations.
The report was agreed to.

The bill was read the third time and {Jassed by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Cornmittee on Railroads on the bill of the Senate to incorporate the Atlanta, Hapeville and Manchester Railroad Company, and for other purposes.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended by constitutional majority, there being ayes 29, nays 0.

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



126

JoURNAL OF THE SENATE.

Mr. President:
The House has passed the following bill by the requisite constitutional majority, to-wit:
A hill to organize and incorporate the 4th Regiment of Georgia Volunteers; to empower the said regiment to acquire, hold and dispose of property, real and personal, to issue bonds, and for other purposes.
The House has passed the following Senate bill by the requisite constitutional majority, to-wit:
A bill to incorporate the Bank of Thompson, to confer c~rtain powers and pri dleges on the same, and for other purposes.
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill for the protection of discharged employees, and to prevent black-listing, and for other purposes.
The following Senate bill was lost, not having receiyed a constitutional majority, to-wit:
A bill to be entitled an act for the protection of landlords, and for other purposes.

Leave of absence was granted 1\Ir. Bennett for a few days, on account of sickness in his family.

Mr. 'Valker, Chairman pro tem. of Committee on General Agriculture, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to wit:
A bill to be entitled an act to require proprietors and keepers of public gins to keep record of their work, to provide penalties for violations of the same, and for other purposes.



MoNDAY, JuLY 27, 1891.

127

Also, a bill to be entitled an act to amend an act approved October 25, 1889, for the better protection of game and game birds within the county of Glynn; to prevent the hunting, killing, trapping, snaring or otherwise destroying them during certain seasons of the year; to prohibit the buying, ()r selling, or ofl'ering for sale the same, either dead or alive, during such seasons of the year; to prescribe penalty therefor, and for other purposes.

Also, the following Senate bill, with the recommendation that the same do pass, as amended, t0-wit:
A bill to be entitled an act to prevent the sale of remnant -cotton, either in the seed or lint, in this State without the written consent of the owner upon whose land the cotton was raised, and for other purposes.
'V Respectfully submitted. JAMES P. ALKER, Chairman pro tem.

The bill of the House to prohibit physicians and prescription clerks in a drug establishment from pursuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty, was taken up on its third reading, and on motion of Mr. Nunnally, laid on the table and fifty copies thereof ()rdered to be printed for the use of the Senate.
On motion of Mr. O'Neal, this bill was made the special ()rder for Wednesday, August 4, 1891, at 11 o'clock A.M.
The bill of the House to provide for the appointment and -compensation, and to prescribe the duties of special criminal bailiffs for the Solicitors-General in the Superior, City and County Courts in counties ha.ving more than twenty thousand inhabitants in this State, and for other purposes, was taken up for a third reading, under favorable report of the General.Tudiciary Committee.
The report was agreed to.
The bill was read the third time and pa~~ed by constitutional majority, there being ayes 26, nJ,ys 0.

128

JouRxAL oF THE SEl'iATE.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 397& of the Code of 1882.
The committee reported in favor of its passage, with an amendment to the title, which amendment was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 28, nays 0.
By re~olution of Mr. Lanier, the Hun. Z. I. Fitzpatrick, of Dougherty county, was tendered a seat in the Senate during his stay in this city.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:
Jlr. President:
I am directed by the Governor to deliver to the Senate a communication in writing, with an accompanying document.
The Senate took up the report of the Committee on Corporations of the bill of the House to amend an act creating a Board of Police Commissioners for the city of Augusta, in this State, approved August 26, 1879, as amended, respectively, by acts approved SeptPmber 14, 1881, and September 26, 1883, by striking from said original act of 1879, all of section 7 of said act, and for other purposes.
Proof of legal notice by publication was submitted to the Senate.
. The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes 30, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Dalton, Spring Place and Eastern Railway Company.
The report was agreed .t:>.

MoNDAY, JuLY 27, 1891.

129

The bill was read the third time and passed by constitutional majority, there being ayes 25, nays 0.
Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. President:
Yonr 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 be entitled an act to amend the charter of the City and Suburban Railway of Savannah, Georgia.

Also, a bill to be entitled an act to amend the charter of the Coast-Line Railroad Company of Savannah, Georgia.

Also, a bill to be entitled an act to authorize the East

Tenne>~see, Virginia and Georgia Railway Company to build

a side-track from its main track, near North Rome, to the

Rome brickyard.





Respectfully submitted. RICHARD JoHNSON, Chairman.

On motion of Mr. O'Neal, the following executive message was read and referred to the Committee on Public Schools:
ExECUTIVE DEPARTMENT, Atlanta, Ga., July 27, 1891.
To the Genera!. Assembly:
I herewith transmit the report of the Hon. S.D. Bradwell, State School Commissioner, on the subject of school books, prepared by him in obedience to the joint resolution of the General Assembly, approved December 30, 1890.
The conclusions and recommendations of the Commissioner are respectfully referred to the General Assembly for consideration, and for such legislation as may be deemed wise and expedient.
W. J. NoRTHEN.
9

130

JouRNAL oF THE SENATE.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend an act to provide for the regulation of freight and passenger tariffs in this State, etc.

This bill was, on motion, laid on the table and fifty copies thereof ordered to be printed for the use of the Senate.

The following bill of the House was read the first time and referred to the Committee on Military Affairs, to-wit:

A bill to organize and incorporate the 4th Regiment of Georgia Volunteers, and for other purposes.

The following bills of the House were read the second time and passed to a third reading, to-wit:

A bill to amend the charier of the City and Suburban Railway of Savannah.

A bill to amend the charter of the Coast-Line Railroad Company of Savannah.

A bill to require proprietors and keepers of public gins to keep records of their work, etc.

A bill to amend an act approved October 25, 1889. for the better protection of game and game birds within the county of Glynn, etc.; and

A bill to authorize the East Tennessee, Virginia and Georgia Railway Company to build a side-track from its main wack, near North Rome, to the Rome brickyard.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow.

TuEsDAY, JULY 28, 1891.

131

SENATE CitAMBER, ATLANTA, GEORGIA)
Tuesday, July 28, 1891, 10 O'clock A. ~r.

The Senate met pursuant to adjournment, the Presiden\ in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap lain of the Senate.

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

Beard, Bennett, Boyd, Brown, Cabaniss, Callaway, Culpepper, Eason, Ellington, Flint, Gill, Glenn, Harlan,

Hill,

Smith of ~8th Dist.,

Hodgee,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

Warren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Zacbry,

O'Neal,

Mr. President.

Smith of 6th Dist.,

The Journal was read and approved.

Mr. Callaway introduced the following joint resolution, which was taken up, read and agreed to, under a suspension of the Rules, to-wit:
Re30lved by the Senate, the Hmtse conctwriny, That a joint committee of three from the Senate and five from the House be appointed to investigate the disbursement of the $2.5,000 appropriated for the Military Encampment for 1891. That said committee be instruct~d and authorized to institute a comparison of the rosters of all the companies which went into said encampment, "'ith the reports of said companies made at field headquarters, so as to ascertain the facts concerning the report that many men went into camp who were not bona fide members of the command with which they went, and who had no right to be there, and that ~:;aidcommittee report back to the General Assembly

132

JOURNAL OF THE SENATE.

the result of their investigation at as early a day as practicable.

On motion of :Mr. Calloway, this resolution was ordered to be immediately transmitted to the House.

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

Mr. Pre8idcnt:
The House has passed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to be entitled an act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and several acts amendatory thereof, so as to provide for co,ering into the City Treasury fees paid to the Marshal and Clerk of said city, and authorize the payment of said salaries only to said Clerk and Marshal.

Also, a bill to incorporate the Rome Savings and Trust Company.

Also, a bill to authorize the Ordinary of Gilmer county to submit the question of iss11ing bonds to build a new court-house -and new jail, to the qualified voters of said county.

Also, a bill to amend an act of the General A!'sembly of Georgia, approved November 8, 188g, entitled an act to incorporate the Carrollton Street Railway Company, of Carrollton, Gemgia, and to define its rights, powers and duties, and for other purposes.
Also, a bill to be entitled an act to incorporate the Commercial Bank of Macon.
Also, a bill to provide an additional penalty for the violation of laws by the venders of intoxicating liquors.
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
, A resolution for the relief of A. P. Chappell and the firm of Harris and Freeman, of Gordon county, Georgia.

TuEsDAY, JuLY 28, 1891.

133

By resolution of Mr. McRae, the Hon. Tom Eason was invited to a seat in the Senate during his stay in this city.

By resolution of, Mr. Glenn, a similar courtesy was extended to the Hon. E. P. Davis, of Warrenton.

Under a suspension of the Rules, the following bills were ~ introduced, read the first time and referred, as indicated,
to-wit:

By Mr. Ellington-
A bill to amend an act to amend section \l!3(a) of the Code of the State of Georgia, etc.
Referred to the Finance Committee.

By Mr. Hodges-
A bill to allow Judges of the Superior Courts of this State to order such parts of the costs paid Justices of the Peace and Notaries Public who are ex officio Justices of the Peace, that are paid them in order to carry the case up by certiorari to the Superior Court, to be paid back to the party paying the same.
Referred to the General Judiciary Committee.

By Mr. Todd-

A bill to prohibit fishing, hunting and berry picking on

enclosed or tenable lands, in Georgia, and to prescribe a

penalty for the same.

.

Referred to the Committee OR General Agriculture.

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

A bill to incorporate the Rome Savings Bank and Trust Company.
Referred to the Committee on Banks.
A bill to provide additional peRalty for the violation of law by the venders of intoxicating liquors.
Referred to the General Judiciary Committee.

134

JOURNAL OF THE SENATE.

A bill to authorize the Ordinary of Gilmer county to submit the question of issuing bonds to build a new courthouse and new jail to the qualified voters of said county.
Referred to the Finance Committee.

A bill to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, etc., so as to proYide for covering into the City Treasury fees paid to the Marshal and Clerk of said city, and to authorize the payment of salaries to said Clerk and Marshal, and for other purposes.
Referred to the Committee on Corporations.

A bill to amend and enlarge the charter of the Carrollton Street Railroad Company, approved November 8, 1889, etc.
Referred to the Committee on Railroads.

A bill to incorporate the Commercial Bank of Macon. Referred to the Committee on Banks.

Also, a joint :resolution for the relief of A. P. Chappell and the firm of Harris & Freeman, of Gordon county, Ga.
Referred to the Committee on Finance.

Mr. Terrell, Chairman of the Committee on Finance, submitted the following report:

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

A bill to be entitled an act to appropriate money to pay the expenses of the Western and Atlantic Railroad Commission, and for other purposes.
Also, a bill to be entitled an act to relieve the Smithsonia and Dunlap Railroad Company from the penalty provided by the act of September 17, 1889.

Also, a bill to be entitled an act to fix and provide for

TuESDAY, JuLY 28, 1891.

135

the compensation of the Commissioners of Roads andRe\'enues of Newton county, and for other purposes:

Also, the following joint resolution, with the recommendation that the same do pass, to-wit:

A resolution accepting the moneys appropriated and the trust imposed by Act of Congress, approved AugustS, 1861, and for other purposes.

Also, a resolution appropriating five hundred dollars, for the purpose of paying an agent to collect certain moneys therein described, and for other purposes.
J. M. TERRELL, Chairman.

Mr Callaway, Chairman c:m Special Judiciary, submitted the following report:

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

A bill to prevent persons from trespassing upon the lands of other:> by hunting, fishing, or otherwise, in Effingham county.

Also, a. bill to be entitled an act to repeal an act approved

December 18, 1884, so far as the same applies to the county

of Baldwin, and for other purposes.



Also, a bill to be entitled a.n act to require and provide for the registration of the legal voters of Montgomery county, and to provide a. penalty for the violation of the same.
Also, the following Senate bill!~, which they instruct me to report back, with the recommendation that the same do not pass, to-wit :

A bill to amend an act to prescribe the duties of TaxCollectors of this State, approved October 17, 188-5, and for other purposes.

136

JOURNAI, OF THE SENATE.

Also, the following House bills, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend an act approved October 24, 1887, which is entitled an act for the protection of game and birds, in Troup county, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr. Johnson, Chairman of the Committee on Railroads, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to amend an act to charter the Louisville Branch Railroad Company, and for other purposes.

Also, a bill to be entitled an act to amend an act entitled an act to incorporate the Louisville Branch Railroad Company, approved August 24, 1872, so as to authorize an increase of the capital stock of said company.

Also, a bill to be entitled an act to amend an act entitled an act to amend an act to incorporate the Louisville Branch Railroad Comp~ny, so as to authorize said company to borrow money necessary for the construction and equipment of said road, and for other purposes.

Also, the following Senate bill, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Smithville and HawkinsvilleRailroad Company, and for otherpurposes.
JoHNSON, Chairman.
On motion of Mr. Johnson, the bill of the House to amend an act to provide for the regulation of freight and passenger tariffs, etc., was taken from the table and recommitted to the Committee on Railroads.

TuESDAY, JuLY 28, 1891.

137

Leave of absence was granted Messrs. Glenn, Beck, Cabaniss, Golden, Nunnally, Williams and Lamb, a sub-committee on the Penitentiary, to visit Cole City, Rising Fawn, Crawfish Springs and Graysville.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Smithville and Hawkinsville Railroad Company, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 26, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend an act to incorporate the Louisville Branch Railroad Company, approved August 24, 1872, so as to authorize an increase of the capital stock of said company.
The report was agreed to.
The bill was read the third time, and passed, by constitutional majority, there being ayes 28, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend an act to amend an .aet to charter the Louisville Branch Railroad Company, approved August 14, 1879, so as to authorize the Board of Directors to extend said road, change the name, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, by constitutional majority, there being ayes, 28, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend an act to amend an act to incorporate the Louisville Branch Railroad Company, so as to authorize said company to borrow money necessary for the construction and equipment of said road,

138

JOURNAL OF THE SENATE.

and to secure the payment of the same by issue of first mortgage bonds upon said road, its equipment and franchises, approved October ~. 1879, so as to authorize said company to increase the amount of bonds it may issue.
The report was agreed to.

The bill was read the third time, and passed, by constitutional majority, ayes 30, nays 0.

Mr. Williams, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President :
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to organize and incorporate the Fourth Regiment of Georgia Volunteers; to empower the said regiment to acquire, hold and dispose of property, real and personal; to issue bonds, and for other purposes.
Respectfully submitted. P. W. WILLIAMS, Chairman.
The bill of the Senate to prevent the sale of cotton in the seed, or lint, without the consent of the owner of the land on which the same was raised, was taken up on the third reading.
On motion of Mr. Callaway, this bill was laid on the table, and fifty copies, with the amendments, were ordered to be printed for the use of the Senate.
On motion of Mr. Todd, the bill was made the special order for Friday, August 6, immediately after the reading of the Journal.
On motion of Mr. Callaway, the bill of the Senate to amend paragraph 6, section 4, article 3 of the Constitution, determining the length of sessions of the General Assembly, was made the special order for Thursday, August 5, 1891, and fifty copies were ordered to be printed for the use of the Senate.

TuESDAY, JuLY 28, 1891.

139

The Senate took up the report of the Committee on R~il roads on the bill of the House to authorize the East Tennessee, Virginia and Georgia Railroad Company to build a side-track from its main track near North Rome, to the Rome brickyard.

The report was agreed to.

The bill was read the third time and passed, by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the City and Suburban Railway Company of Sava.nnah, Ga.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 30, n~ys 0.
The report was agreed to.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Coast Line Railroad Company, of Savannah, Ga.

The report was agreed to.

The bill was read the third time and passed, by constitutional majority, ayes 30, nays 0.

The Senate took up the report of the Committee on Agriculture on the bill of the House to amend an act approved October 25, 1889, for the better protection of game and game birds within the county of Glynn, etc.

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

The report was agreed to.

The bill was read the third time and passed, by constitutional majority, ayes 32, nays 0.
The bill of the House to require proprietors and keepers of public gins to keep records of their work, etc., was, an

140

JotiRNAL OF THE SENATE.

motion of Mr. O'Neal, recommitted to the Committee on General Agricult11re, and fifty copies erdered to be printed for the ;use of the Senate.

The following bil1s of the HouS"e were read the second time and passed to a third reading, to-wit:
A bill to repeal an act appraved December 18, 1884, so far as the same applis io the county of Baldwin, and to fur.ther provide for th.e registration of voters in said county, and for other purposes.
A '!&ill to req11ire and provide f~r registra.ti<m of the legal voters of Montgomery county.

A bill to prevent persons from tresps.ssing on the lands of others by hunting, fishing, or otherwise, m Effingham county.

A bill to fix and provide for the compenRation of Commissioners of Roads and Revenues of Newton county, etc.
A bill to appropriate money to pay the expenses of the Western and Atlantic Railroad Commission, and for other purposes.
A bill to relieve the Smithsonia and Dunlap Railroad Company.

A bill to amend an act, approved October 24, 1887, for protection of game and birds in Troup county, etc.

A bill to organize a.nd incorporate the 4th Regiment of Georgia Volunteers.

A joint resolution accepting the moneys appropriated :and the trust imposed by act of Congress, approved August 5, 1861, and for other purposes.

Also, a joint resolution appropriating five hundred dollars for the purpose of paying an agent to collect certain moneys therein described1 and for other purposes.
Leave of absenee was granted Messrs. O'Neal and John-

WED-NESDAY, Jms W, 1891.

141

son, of the 21st District, for a few days, on important business.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 1(} o'clock A.M. to-mor:row.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, July 29, 1891, 10 O'clock A.M.

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

Prayer was offered by Rev. John J ones7 D. D., Chaplain of the Senate.

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

Beard, Bennett. Boyd, Brown, Cabaniss, Culpepper, Culver, Eason, Flint, Gill, Golden, Harlan,

Harp,

Strickland.

Hill,

Tatum,

Hodges,

Terrell,

Johnston of 39th Dist., Tod(l,

Lane,

Vincent,

Lanier,

Walker,

McRae,

Warren,

Mullis,

Williams,

Nunnally,

Witcher,

Patton,

Zachry,

Smith of 6th Dist., Mr. President.

Smith of 28th Dist.,

The Journal was read and approved.

On motion of Mr. Harp, the Senate took up the bill of the Senate, amended in the House, to prescribe and make more certain the fees of courts of this State in the matters of divorce suits brought before said courts.

On motion of ~Mr. Terrell, the amendment of the House was disagreed to.
Leave of absence was granted to the following Senators, as members of the Committee on the Penitentiary, to visii certain camps of the Penitentiary, viz.:

142

JoURNAL OF THE SENATE.

MeEZsrs. Mullis, Harp, Gill, Lane, Hodges, and Johnson of 21st District.
On motion of Mr. Williams, leave of absence for a few days after Friday nex~ was granted Mr. Boyd.
Mr. Cabaniss, Chairman of the Committee on General Judiciary, submittf\d the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 3777 of the Code of 1882.
Respectfully submitted. T. B. CABANiss, Chairman.

On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred to the General Judiciary Committee, to-wit:
ByMr Harp-
A bill to incorporate the town of Cusseta, in the county of Chattahoochee, and for other purposes.
Referred to the Committee on Corporations.
By :Mr. Mullis-
A bill to authorize the Mayor and Council of Hawkinsville to issue and sell bonds, etc., for the purpose of establishing a system of water-works for said town, and to levy and collect a tax to pay the interest and principal of said bonds.
Referred to the Committee on Finance.

The Senate took up the report of the Finance Committee on the joint resolution from the House appropriating five hundred dollars for the purpose of paying an agent to collect certain moneys therein described, and for other purposes.

WEDNESDAY, JULY 29, 1891.

143

The report was agreed to.

The resolution was read the third time, and on this question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Bennett, Boyd, Brown, Cal! an iss, Culpepper. Culver,
Ea.~on,
Gill, Golden, Harlan,

Harp,

Strickland,

Hill,

Tatum,

Hodges,

Terrell,

Johnston of 39th Dist., Todd,

Lanier,

Vincent,

llcRae,

Walker,

Mullis,

Warren,

Nunnally,

Williams,

Patton,

Witcher,

Smith of 6th Dist., Zachry,

Smith of 28th Dist., Mr. President.

There are ayes 33 ; there are nays 0.

So the resolution was concurred in by a constitutional majority.

The Se:r.ate took up the report of the Finance Committee on the bill of the House to relieve the Smithsonia and Dunlap Railroad Company from the penalty provided by the act of September 17, 1889.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to pay the expenses of theWestern and Atlantic Railroad Commission, and for other purposes.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

BE-ard, Bennett,

Harp, Hil!,

Strickland, Tatum,

144

JOURNAL OF THE SENATE.

Boyd, Brown, Cabaniss, Culpepper, Culver, Eason, Gill, Golden, Harlan,

Hodges,

Terrell,

Johnston of 39th Dist., Todd,

Lanier,

Vincent,

McRae,

Walker,

Mullis,

Warren,

Nunnally,

Williams,

Patton,

Witcher,

Smith of 6th Dist., Zachry.

Smith of 28th Dist.,

There are ayes 32; there are nays 0.

So the bill was passed by constitutional majority.

On motion of Mr. Warren this bill was ordered to be immediately transmitted to the House.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills by the requisite constitutional majority, to-wit:
A bill to be entitled an act to empower the Mayor and Council of the city of Griffin to exchange a portion of New Orleans street for a portion of the Bray lot.
Also, a bill to amend section 719(i) of the Code, and for other purposes.
Also, a bill to amend the charter of the Savannah Lighterage and Transfer Company, of Savannah, Ga.
Also, a bill to authorize and empower the Board of Trustees of the washington (Georgia) Female Seminary to turn over to the Board of Education of said town the Seminary building and grounds, to be used by said Board of Education for public school purposes.
Also, a bill to authorize and empower the Board of Trustees of the Washington Male Academy to turn over to the Board of Education of said town "the Academy buildings and grounds, to be used by said Board of Education for public school purposes.

WEDNESDAY, JuLY 29, 1891.

145

Also, a bill to relieve Jesse D. Strange of forfeited recognizance.
Mr. Lanier, Chairman of the Committee on Temperance submitted the following report:
Mr. President:
The Committee on Temperance report Senate Bill No.137 back, with a recommendation that the same be recommitted to the General Judiciary Committee.
Respectfully submitted. R. H. LANIER, Chairman.

Leave of absence was granted Mr. Beard for to-morrow, to enable him to attend the reunion of his old regiment.
The bill of the Senate to prohibit the sale of intoxicating liquors in Pulaski county, etc., was read the second time and recommitted to the General Judiciary Committee.
The bill of the Senate to make all railroad companies, express companies, and other common carriers in this State carrying freight, etc., liable to the person or persons to whom said freight or goods are delhered for all overcharges and all damages for loss or shortage in freight or goods delivered by them, was, on motion of Mr. Walker, of the 12th District, ading Chairman of the Committee on General Agriculture, read the second time and recommitted to the Committee on. General Agriculture.
The Senate took up the report of the Finance Committee on the joint resolution of the House accepting the moneys appropriated and the trust imposed by act of Congress, approved August 5, 1861, and for other purposes.
'rhe report was agreed to.
The resolution was read the third time and concurred in by constitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Finance Committee on the bill of the House to fix and provide for the compensation of the Commissioners of Roads and Revenues of Newton county, and for other purposes.
10

146

JOURNAL OF THE SENATE.

Proof of legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the Honse to prevent persons from trespassing upon the lands of others by hunting, fishing or otherwise in Effingham county.
Proof of l~gal notice was submitted to the Senate.
The bill was read the third time and passed by constitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Committee on Military Affairs on the bill of the House to organize and incorporate the 4th Regiment of Georgia Volunteers, to empower the said regiment to acquire, hold and dispose of property, real and personal, to issue bonds, and for other purposes.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, ayes 29, nays 0.
The Senate took :UP the report ofthe Committee on Special Judiciary on the bill of the House to amend an act approved October 24,1887, to protect game and birds in Troup county, etc.
Proof of legal notice was submitted to the Senate.
The committee reported in favor of the passage of the bill, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 31, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to require and provide for the registration of the legal voter!'! of Montgomery county, and to provide a penalty for the violation of the same.

WEDNESDAY, JULY 29, 1891.

147

Proof of legal notice was submitted to the Senate.

The report was agreed to.
The bill was read the third time and passed by constitutional majo..ity, there being ayes 30, nays 0.

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

A bill to amend the charter of the Savannah Lighterage and Transfer Company, of Savannah.
Referred to the Committee on Corporations.

A bill to relieve Jesse D. Strange on a forfeited recognizance.
Referred to the Special Judiciary Committee.
A bill to empower the Mayor and Council of the rity of Griffin to exchange a portion of New Orleans street for a portion of the Bray lot.
Referred to the Special Judiciary Committee.
A bill to authorize and empower the Board of Trustees of the Washington (Georgia) Female Seminary to turn OYer to the Board of Education of said town the Seminary building and grounds, etc.
Referred to the Special Judiciary Committee.
At the hour of 11 o'clock A. M., the Senate, in a body, repaired io the hall of the House of Representatives, by virtue of a joint resolution, for the purpose of hearing an address by the Rev. William E. Boggs, Chancellor of the University of Georgia.
The Senate being received by the House, the Pre!"ident took the chair and called the General Assembly to orrler.
The address being concluded, the joint session was dissolved.
The Senate returned to its chamber, and, having been called to order by the President, adjourned, on motion, until 10 o'clock A.M. to-morrow.

148

JoUR:s"AL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, July 30, 1891, 10 O'clock A.l\1.

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

Prayer wa<> offered by the Rev. John Jones, D. D., Chaplain of the Senate.

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

Beck, Bennett, Boyd, Brown, Cabaniss, Ca:Iaway, Culpepper, Culver, F.ason, Ellington, Flint, Gill, Golden,

Harlan,

Smith of 28th Dist.,

Harp,

Strickland,

Hill,

Tatum,

Hodges,

Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

'Valker,

Lanier,

Warren,

McRae,

'Villiams,

Mullis.

Witcher,

Nunnally,

Zachry,

Patton,

Mr. President.

Rmith of 6th Dist'.,

The Journal was read and approved.

Mr. Terrell, Chairman of the Committee on Finance, submitted the following report:

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

A bill to be entit1ed an act to authorize the Mayor and Council of Hawkinsville, Ga., to issue and sell lands not to exceed fifteen thousand dollars, for the purpose of establishing a system of water-works in said town, and for other purposes.

Respectfully submitted.

TERRELL, Chairman.

THuRsDAY, JuLY 30, 1891.

149

Mr. Vincent, Chairman pro tem. of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following act, to-wit:
An act to incorporate the Bank of Thomson, to confer certain powers and privileges on the same, and for other purposes.
Respectfully submitted. C. B. VINCENT, Chairman pro te1n.

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

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

A bill to create a new charter for the town of Douglasville, so as to extend the corporate limits thereof, and to provide for an election on certain conditions therein referred to, and togrant to the Mayor and Councilmen authority to appoint Trustees to manage the schools in said town, and to raise a fund for schools therein, and to confer certain other rights, powers and privileges on the ::\Iayor and Council of said town.

Also, a bill to incorporate the Excelsior Bank of Savannah.

The House has also concurred in the Senate amendments to the following House bill, to-wit:
A bill to prohibit the sale of alcoholic, spirituous or malt liquors within a radius of three miles of any church or public school-house in the State of Georgia, excijpting such churches or public school-houses as are within an incorporated town or city in this State, and to prescribe a penalty for a violation of such act.

150

JOURNAL OF THE SENATE.

The House has adopted the following joint resolution, in which they ask the concurrence of the Senate, to-wit:

A resolution requesting the Governor to return House Bill ~ o. 506, to establish the Criminal Court of Atlanta, for amendment.

On motion of Mr. Cabaniss, the House joint resolution requesting the Governor to return House Bill No. 506, to establish the Criminal Court of Atlanta, for amendment, was taken up, read, concurred in and ordered to be immediately transmitted to the House of Representatives.

The bill of the Senate to amend an act to prescribe the duties of TaxCollectors, approved October 17, 1885, and for other purposes, was taken up, under adverse report of the Special Judiciary Committee, and lost, by agreement, with said report.

The following bills of the House were read the first time

and referred, as indicated, to-wit:



A bill to amend section 719(i) of the Code, and for other purposes.
Referred to the General Judiciary Committee.

A bill to authorize the Board of Trustees of Washington Male Academy to turn over to the Board of Education of said town the academy buildings and grounds, etc.
Referred to the Committee on Public Schools.

A bill to incorporate the Excelsior Bank of Savannah. Referred to the Committee on Banks.

On motion of Mr. Callaway, the following bills of the House were read the second time and recommitted to the Special Judiciary Committee, to-wit :

A bill to authorize and empower the Board of Trustees of the "'ashington, Ga., Female Seminary, to turn over to the Board of Education of said town the Seminary buildings and grounds, and for other purposes, etc.

THURSDAY, JULY 30, 1891.

151

A bill to relieve Jesse D. Strange on a forfeited recognizance.

A bill to empower the Mayor and Council of the city of Griffin to exchange a portion of New Orleans street for a portion of the Bray lot. The bill of the House to amend section 3777 of the Code of 1882 was read the second time and pas~ed to a third reading.

The bill of the Senate to authorize the Mayor and Council of Hawkinsville, Ga., to issue and sell bonds not to exceed $15,000, for the purpose of establishing a system of water-works in said town, and for other purposes, was read the second time and passed to a third reading.

The bill of the House to create a new charter for the town of Douglasville, and for other purposes, was read the first time and referred to the Committee on Corporations.
The following message was received from the Governor, through Mr.W. H. Harrison, Secretary:of the Executive Department:
Mr. President :
The Governor has approved and signed the following act of the General Assembly:
An act to cede to the United States of America exclusive jurisdiction over land in the city of Savannah, to be conveyed by the Savannah Volunteer Guards, and for other purposeA.
The bill of the House to repeal an act approved December 18, 1884, RO far as the same applies to the county of Baldwin, and to further provide for and require aU voters to register in said county, and for other purposes, was taken up, under favorable report of the Special Judiciary Committee.
Proof of legal notice was submitted to the Senate.
. The report was agreed to.
The bill was read the third time and passed, by constitutional majority, there being ayes 28, nays 0.

152

JOURNAL OF THE SENATE.

Under a suspension of the Rules, Mr. Todd introduced the following bills, which were read the first time and referred to the Committee on Corporations, to-wit :

A bill to incorporate the town of Lovejoy, in Clayton county, and for other purposes.
Alf'lo, a bill to authorize the town of Jonesboro, in the the county of Clayton, to establish and maintain a system of public schools, etc.

Leave of absence was granted Mr. Smith, of the 6th District, for a few days on speci~l business.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. 111. to-morrow.

SENATE CHA)IBER, ATLANTA, GEORGIA,
Friday, July 31, 1891, 10 O'clock A. JU.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Mr. Johnston, Senator of the 39th District.

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

Beard, Benriett, Brown, Cabaniss, Callaway, Candler, ,Culpepper, Culver, Eason, Ellington, Flint, Golden,

Harlan,

Strickland,

Harp,

Tatum,

Hill,

Terrell,

Hodges,

Todd,

Irvine,

Vincent,

Johnston of 39th Dist.,Walker,

l.ane,

'Varren,

umier,

Williams,

Nunnally,

Witcher,

Patton,

Zachry,

Smith of 28th Dist., Mr. President.

The Journal was read and approved.

FRIDAY, JULY 31, 1891.

153

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

Mr. President:
The House has passed, by the requisite majority, the following bill of the House, to-wit:
A bill to incorporate the town of Rhine, in the county of Dodge, to confer certain .powers on the same, and for other purposes.
The House has concurred in the following Senate resolution, to-wit :
A resolution appointing a joint committee of the two Houses, to investigate the disbursement of the $25,000 appropriated for the Military Encampment for the year 1891, and for other purposes.
The House has also passed the following bills of the House by the requisite constitutional majority, to-wit:
A bill to provide for the registration of voters in Chattooga county.
Also, a bill to incorporate the Jefferson Banking Company, and for other purposes.
Also, a bill to prohibit killing game and fishing in Chattooga county, Georgia, during certain months of the year, and prescribe a penalty.
Also, a bill to amend the' act providing a Board of Commissioners of Roads and Revenues for Bartow county.
On motion of Mr. Callaway, leave of absence for yesterday was granted Mr. Irvine.

On motion of Mr. Terrell, .leave of absence was granted Mr. Beck, on account of sickness.

Leave of absence was granted Mr: Williams for Monday and Tuesday next, and to Mr. Strickland, for a few days, on important busmess.

154

JOURNAL OF THE SENATE.

By resolution of Mr. Callaway the Hon. J. S. M. McElmurray, of Burke county, was invited to a seat in the Senate during his stay in this city.

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

Mr. Preside11t:
Your committee have had under consideration the following house bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to empower the Mayor and Council of the city of Griffin to exchange a portion of New Orleans street for a portion of the Bray lot.
E. H. CALLAWAY, Chairman.

On motion of Mr. Candler, the committee to inquire into and report in regard to the use and status of the Land Scrip Fund was granted until August 15 to make a report.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as indicated, to-wit:
By Mr Todd-
A bill to provide for the advancement and trial of cases in Fulton Superior Court, to which the city of Atlanta is a party or materially interested, etc., and for other purposes.
Referred to the Committee on Corporations.

By Mr. Irvine-
A bill to incorporate the Bank of Commerce of Summerville, Georgia, and for other purposes.
Referred to the Committee on Banks.

By Mr. WarrenA bill to incorporate the Bank of Louisville, Georgia. Referred to the Committee on Banks.

FRIDAY, JuLY 31, 1891.

155

On motion of Mr. Callaway, the Senate took up the report of the Special Judiciary Committee on the bill of the House to empower the Mayor and Council of the city of Griffin to exchange a portion of New Orleans street for a portion of the Bray lot.

Proof of legal notice was submitted. .The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 30, nays 0.

The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:
I am directed by the Governor to deliver to the Senate a communication in writing, with an a.Ccompanying document.

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

A bill to prohibit killing game and fishing in Chattoog;l county, Ga., during certain months of the year, and to prescribe a penalty therefor.
Referred to the Special Judiciary Committee.

A bill to provide for the registration of voters in Chattooga county, Georgia, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to incorporate the Jefferson Banking Company, and for other purposes.
Referred to the Committee on Banks.

A bill to amend an act passed in 1874 to provide for a Board of County Commissioners of Roads and Revenues for the county of Bartow, etc.
Referred to the Special Judiciary Committee.

156

JouRNAL OF THE SENA'fE.

Also, a biH to incorporate the town of Rhine, in the county of Dodge, and for other purposes.
Referred to the Committee on Corporations.

On motion of Mr. Mullis, the Rules were suspended and the Senate took up the Report of the Finance Committee on thu bill of the Senate to authorize the Mayor and Council of Hawkinsville, Ga., to issue and sell bonds not to exceed $15,000, for the purpose of establishing a system of water~ works in said town, and for other purpo1<es.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
Proof of legal notice by publication was submitted to the Senate.

The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 27, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 3777 of the Code of 1882.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.
Under a suspension of the Rules, Mr. Bennett introduced a bill, which was read the first time and referred to the Special Judiciary Committee, to-wit:

A bill to amend section462-5(c) of the Code.

Mr. Walker, Chairman prfJ tem. of the Committee on General Agriculture, submitted the following report:

Mr. President:

Your committee have had under consideration the follow-

ing Senate hill, which they instruct me to report back, with

the recommendation that the same he referred to the Com-

mittee on Railroads, to-wit:

..

FRIDAY, JULY 31, 1891.

157

A bill to be entitled an act to make all railroad companies, express companies. and other common carriers in this State carrying freight or goods at any time over their respective lines, delivering same at points of destination, liable to the person or persons to whom freight or goods may be delivered for all overcharges, damages or shortage in freight or goods delivered by them, and for other purposes.
Respectfully submitted.
WALKER, Chairman pro tem.

The bill mentioned in the foregoing report was taken up and recommitted to the Committee on Railroads.

Leave of absence was granted to Mr. Hodges, after to-day, for a few days on important busine~s, and to Mr. Bennett for a few days on account of sickness in his family.
Messrs. Witcher, Callaway, Candler, Golden and Warren were granted leave of absence for several days, to visit the convict camps of" Hodo," "Old Town," and "Oglethorpe."

Mr. Ellington offered a resolution providing a joint committee of three from the Senate and five from the House to examine into the business of the General Assembly with the view of bringing about an early adjournment, which was laid over a day, under the rule.

The following message of the Governor was read and referred to the Committee on Military Affairs:

ExEcUTIVE DEPARTMENT, Atlanta, Ga., July 31, 1891.
To the General Assembly:
I have the honor to transmit herewith the report of the Advisory Board upon the recent encampment of the volunteer troops of this State at "Camp Chickamauga." From personal observation, made during repeated visits to the camp, I feel justified in according to the conclusions of the Board a thorough and hearty indorsement.
W. J. NoRTHEN.

158

JoURNAL OF THE SENATE.

REPORT OF THE MILITARY ADVISORY BOARD.

To the Governor of Georgia:

The Advisory Board begs leave to report that it has given

a very full consideration to the condition of the military

force of this State, and herewith submits its .conclusions:

The present force of the State, viewed as a whole, is in a

poor military condition, which reflects no credit upon the

commonwealth; but it is gratifying to note that the effects

of the late encampment have been of incalculable benefit,

more especially to those commands which served in Camp

Chickamauga, and to a less degree, to those which prepared

for it.

The strict discipline of the camp, teaching the force to

obey, as well as to command, and perfecting the men in

guard and other camp duties, has planted the seeds which,

we are sure, will produce good results.

The fact is incontestable that Camp Chickamauga has en-

gendered a fine military spirit throughout the force, and has

instilled an earnest desire, in officers and men, to learn the

practical duties of a soldfer in the field, and to subordinate

display to hard work and martial efficiency. It was notice-

able that the tendency of the commands was to adopt rough

and inexpensiYe service uniforms, and the Board is satisfied

that, in the future, simplicity of dress will be the rule. The

men have ascertained how important and enteresting camp

lessons are, despite the accompanying hardships. They

have learned that the value of their services to the State

consists in the knowledge of these practical duties rather

than in mere parade and holiday attire. The Board is en-

tirely satisfied, by the experience a.t Camp Chickamauga,

that a continuance of encampments, from year to year, will.

inure the force to hardship and equip it for any real service

the State may demand of it, and that no other mode of in-

struction can possibly accomplish the same result.

It is to be regretted that the drift of some of the news-

paper criticisms upon the encampment was sensational,

tending to induce the public to believe that one of the main

objects to be attained was fun and frolic, whereas the oppo-

site was the truth, the service being an arduous one, which



FRIDAY, JuLY 31, 1891.

159

was well performed, as the reports of the army officers will show, and if the General Assembly could have visited the camp, as was contemplated, it would have been an objectlesson of great value, demonstrating that the volunteers of Georgia are real and not play soldiers.
The commands went into camp with larger numbers than had been counted upon, especially those from remote points, thus increasing the per diern as well as the mileage, so that the funds did not hold out for the complete training of all the troops. The experience gained in the management of this camp will be of much value in the future.
In this connection it may be stated that the Board, under a resolution directing a permanent camp, was compelled to visit various localities and inspect "them, the expense ot the
same being three hundred and twenty-one and M ($321.16)
dollars, which came out of the military fund, a1:d there also had to be paid from this fund the expenses of a General
Court Martial, amounting to two hundred and four and M
($204.37) dollars, and also a deficiency due by the State on the camp at Augusta, in 1890, of nine hundred and eighty-
eight and M ($988.52) dollart>, and these deductions, together
with all the ordinary expenses of the year, and the expenses of the CaYalry Camp at Savannah, of the Fifth (5th) Regiment, had to come out of the amount appropriated, thus lessening the fund for actual use at Camp Chickamauga.
The five thousand ($5,000) dollars contributed by the Crawfish Springs Land Company were expended in the arrangement and preparation of camp grounds, the building of mess-halls, stables, kitchens, bath-houses, hospital house, sinks, tent-floors, and other equipments, leaving the State to pay about four hundred ($400) dollars in excess of said sum for these purposes.
The State has on hand all of said buildings, including stoves, six hundred (600) tent-floors, six hundred (600) mattresses, and other camp accessories, the value of which Jannot be determined until the permanent camp is located. The State had only two hundred and thirteen (213) tents, and was compelled to hire forty (40), at six ($6.00) dollars each, from Ohio, and even then the men were crowded to discomfort.
The commands were compelled to supply their own rations

160

JoURNAL OF THE SENATE.

going to and coming from camp, in some instances amounting to two (2) days' rations beyond the time for which they received per diem allowance. One large result gained by the State, but, unfortunately, at the expense of the commands, is that thousands of d0llars were expended in necessary equipments for service, such as blankets, leggings, overcoats, cap-covers, haversacks, canteens, knapsacks, and such like, thus rendering the force at large more effective and ready when called out by the authorities for actual service.
Numbers of applications have been made for the organization of new commands, which applications the Board was conE~trained, from a stern sense of duty, to lay upon the table for the present, not to be taken therefrom until a complete inspection shall have been made of every command in the State, whieh inspection has been ordered, and will be proceeded with as rapidly as possible. The Board takes a purely military view of the matter, believing that the Governor and General Assembly hold it strictly responsible for the equipment and organization of the present force; in fact, such is the language of the appropriation act.
The present force of the State is fifty-one (51) companies of infantry, fourteen (14) of cavalry and two (2) of artillery of Georgia Volunteers, and twenty-two (22) companies of colored troops, and the rigid inspection to be made will unquestionably cause to be disbanded a number of the commands of both classes.
The Board deems it to be a duty, after disbanding ineff-ective and worthless commands and taking from them arms and equipments, to (first) put in good- military condition the commands retained in the service, so they can be moved effectively, fully equipped for s-ervice, at short notice, and (second) if necessary to organize new commands to the extent only as the State is enabled to equip them fully, having regard to the geographical position and the general needs of the service.
The Board is satisfied that the object to be attained should be to have a compact, well equip;->ed and well organized force, no largec than may be absolutely necessary.
Georgia is no longer a purely tJ.gricultural State, but a mining, manufacturing and commercial one as well. Its population has very much changed, is more mixed than

FRIDAY, JuLY 31, 1891.

161

formerly, and necessarily more turbulent. Property and life depend on stern and prompt enforcement of the law. The Executive's right arm is this volunteer force, which the General Assembly, in its wisdom, under the mandate of the Constitution, has begun to foster, train and t>quip, and which,

with patriotism and self-sacrifice, is striving hard to attain proficiency, so it may satisfy State pride and sustain her dignity and power. Recent events in a neighboring Statehave shown the humiliation a proud commonwealth maybe subjected to, which, on the instant, when law is defied. openly and grossly, is compelled to bargain and haggle with. rioters because it has no power with which to force them to peace anrl obedience.
The services of Lieutenant C. B. Satterlee, of the United States Army, who has been specially detailed for this State, have been, and will continue to be, extremely valuable. His attention to instruction duties at Camp Chickamauga was

unremitting. He is an accomplished officer, who combines accuracy of knowledge with great urbanity and tact, and the Board feels very much encouraged at the prospect of good results to follow from his past and future services. On account of his illness, he has been allowed forty-five (45) days' furlough, and on his return to duty, about the 1st of September, will begin the inspection of every command in

the State, hereinbefore mentioned, and a meeting of this Board will be called immediately after his full report is in to take action thereon.
The inspections heretofore have been of little value, because they did not proceed from Headquarters, but were performed by the assignment of officers all over the State, some of whom did their duty well, others very poorly, the result being a want of uniformity, rendering the inspection reports as a whole unreliable. After his inspection tour is over, it

is designed that he will start out on another tour of instruc-

tion, proceeding from one command to another, until the

whole force has been visited.

-

In conclusion, this Board begs to tender to your Excellency its profound acknowledgment of your unvarying devotion to the intere!'lts of the military force of the State, and to assure you that it is encouraged in the performance of its

11

162

JOURNAL OF THE SENATE.

duties by your hearty support, accorded to it on every occasion.
The Board begs that your Excellency will communicate this report to the General AsE!embly, if your judgment approves such course.
For the Advisory Board:
'VILLIAM GARRARD,
s. P. GILBERT, c. M. WILEY,
Committee. July 30, 1891.

Mr. Irvine, Chairman pro t.ern. of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as dnly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to am"lnd section 3976 of the Code of 1882.
Also, an act to amend the charter of the town of Hawkinsville, and for other purposes.
Also, an act to provide for the appointment of special criminal court baliffs, and for other purposes.
Also, an act to amend an act creating a Board of Police Commissioners for the city of Augusta, approved Augusta 26, 1879, and for other purposes.
Also: an act to incorporate the Dalton, Spring Place and Eastern Railway Company, and for other purposes.
Also, an act to amend an act for the better protection of game and game birds in the county of Glynn, and for other purposes.
Also, an act to relieve the Smithsonia and Dunlap Railway Company, and for other purposes.
Also, an act to amend the charter of the City and Suburban Railroad Company, and for other purposes.

MoNDAY, AuGusT 3, 1891.

163

Also, an act to authorize the East Tennessee, Virginia and Georgia Railway Company to build a side-track from its main track, near North Rome, to the Rome brickyard.

Also, an act to amend the charter of the CoastLine Rail r.oad Company of Savannah, Ga.

Also, an act to appropriate money to pay the expenses of the Western and Atlantic Railway Commission.
Respectfully submitted. W. J. IRVINE, Chairman pro tent.

on motion of Mr. Warren, Mr. Patton was added to the Committee on the Penitentiary.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, August 3, 1891, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Renate.
The roll call was, on motion of Mr. Cabaniss, dispensed with.
The Journal was read and approved.
On motion of Mr. Cabaniss, leave of absence was granted the Hon. William A. Harris, Secretary of the Senate, for a few days on account of sickness in his family.
Leave of absence was granted Messrs. Terrell, Vincent and Glenn for a few days on important business.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:

164

JOURNAL OF THE SENATE.

Mr. President:
The House has adopted an amendment striking out section 19 and amending the title to conform thereto to the following bill, returned by the Governor for amendment, and has passed the bill, as amended, by the requisite con: stitutional majority, to-wit:
A bill to establish the Criminal Court of Atlanta, to amend the act establishing the City Court of Atlanta, and for other purposes.
The House has also passP.d the following bills of t4e House, by the requisite majority, to-wit:
A bill to amend the act creating the City Court of Macon.
Also, a bill to amenrl the act, approved September 10, 188.5, incorporating the Propeller Tow Boat Company of Savannah; so as to authorize an increase of the capital stock.
Also, a bill to amend the act incorporating the Savannah Dredging Company, approved October 6, 1885, so as to authorize an increase of the capital stock.
Also, a bill to amend the act, approved September 10, 1885, incorporating the Propeller Tow Boat Company of ~avannah, so as to correct a clerical error in the title of the same..

Also, a bill to require and provide for the registration of all the voters of the county of Jefferson, and for other purposes.

Also, a bill to amend the charter of the city of Athens in relation to sewers.

Also, a bill to be entitled an act amendatory of the several acts heretofore passed relating to the city of Conyers, in the t~ounty of Rockdale, and to enlarge and define the powers and duties of the Mayor, Marshal and other city officers.

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

MoNDAY, AuGusT 3, 1891.

165

the following bills were read the first time and referred as indicated, to-wit:
By Mr. GoldenA bill to require Grand Juries of the State to reduce all
evidence taken before them on indictments or presentments to writing, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. ToddA bill to amend the charter of the city of Atlanta with
regard to the duty and liability of street railroad companies in the matter of street paving, and for other purposes.
Referred to the Committee on Railroads.
By Mr. Culver-
A bill to amend section 44!1 of the Code, etc.
Referred to the Committee on General Agriculture.

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

A bill to require and provide for the registration of all the voters of the county of Jefferson.
Referred to the Special Judiciary Committee.

A bill amendatory of the several acts heretofore passed relating to the city of Conyers, in Rockdale county, and to enlarge and define the powers and duties of the Mayor, Marshal and other city officers.
Referred to the Committee on Corporations.

A bill to amend the charter of the Savannah Dredging Company, approved October 6, 1885, so as to authorize an increase of its capital stock.
Referred to the Committee on Corporations.
A bill to amend the charter of the Propeller Tow Boat

166

JouR~AL OF THE SENATE.

Company, approved Sept~mber 10, 1885, so as to authorize an increase of its capital stock.
Referred to the Committee on Corporations.

A bill to amend the charter of the Propeller Tow Boat Company, of Savannah, approved September 10, 1885, so as to correct a clerical error in the title of the same.
Referred to the Committee on Corporations.

A bill to amend the charter of the city of Athens in relation to sewers.
Referred to the Commitee on Corporations.

A bill to amend an act creating the City Court of Macon, approved August 14, 188-5.
Referred to the Special Judiciary Committee.

The bill of the House to establish a Criminal Court for Atlanta, etc., was, on motion of Mr. Cabaniss, referred to the General Judiciary Committee. This bill had passed both houses and had been transmitted to the Governor, but was recalled from his possession by joint resolution and returned to the Senate from the House with an amendment.

The bill of the House to amend the charter of the Carrollton Street Railway Company, and for other purposes, was, on motion of Mr. Nunnally, read the second time and recommitted.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 4, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

TUESDAY, AUGUST 4, 1891.

167

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

Beard,
Be<'k, Brown, Cabaniss, Candler, Culpepper, Culver, Eason, Ellington, Flint, Golden,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Irvine,

Tatum,

Johnston of 39th Dist.,Terrell,

Lamb,

Todd,

Lane,

Yincent,

Lanier,

Walker,

McRae,

Zachry,

Nunnally,

:Mr. President.

O'Neal,

The Journal was read and approved.

Mr. Cabaniss, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass,as amended, by the House of Representatives, to-wit:
A bill entitled an act to establish the Criminal Court of Atlanta, to establish other like courts in certain counties, and in pursuance thereof to amend an act establishing City Court of Atlanta, passed December 15, 1871, and acts amendatory thereof, and for other purposes.
Respectfully submitted. T. B. CABANISS,
Chairman General Judiciary Committee.

On motion of Mr. Cabaniss, the Senate took up the report of the General Judiciary Committee on the bill of the House specified in the foregoing report.

The report was agreed to, and the amendment of the House was adopted.

The bill was then read and passed, as amended, by constitutional majority, there being ayes 24, nays 0.

168

JoURNAL OF THE SENATE.

On motion of Mr. Todd, this bill was ordered to be immediately transmitted to the House.

By resolution of Mr. Hill, ex-Senator Jas. G. Parks, of Terrell county, was invited to a seat in the Senate during his stay in the city. A similar courtesy was, by resolution of Mr. Strickland, extended to the Hon. Wm. P. Price, of the county of Lumpkin.

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

Mr. President:
The House has paRsed the following bills by the requisite constitutional majority, to-wit:
A bill to be entitled an act to amend the law for the protection of oysters in certain particulars.

Also, a bill to incorporate the Georgia Savings Bank of Quitman, Brooks county, Georgia.
Also, a bill to amend an act entitled an act to amend the charter of Athens, so as to authorize the Mayor and Council of said city to improve the streets of the same, and for other purposes.
Also, a bill to be entitled an act to incorporate the town .of Hampton, in Henry county, Georgia.

Also, a bill to establish a City Court in Hall county, and for other purposes.

The House has also concurred in the following Senate resolution, to-wit:
A resolution to investigate the railroads of the State, and see which of them ar~ in violation of their charters.
Mr. Irvine. Chairman pro tern. of the Committee on Enrollment, submitted t.he following report:
Mr. President:
Your committee report as duly enrolled and signed by

TuESDAY, AuGusT 4, 1891.

169

the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following joint resolution, to-wit:
A resolution accepting the moneys appropriated and the trust imposed by Act of Congre::;s, approved August 5,1861, and for other purposes.
Respectfully submitted. IRVINE, Chairman pro tem.
On motion of Mr. Culver, the Rules were suspended and the following bills were introduced, read the first, and referred, as indicated, to-wit:

By Mr. CulverA bill to establish and maintain a uniform series of text-
books to be used in all the public schools of this State, and for other purposes.
Referred to the Committee on Public Schools.
By Mr. ToddA bill to incorporate the Southern Exchange Bank, to
define its powers, and for other purposes. Referred to the Committee on Banki.
The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to re-incorporate the town of Hampton. Referred to the Committee on Corporations.

A bill to amend the law for the protection of oysters in certain particulars.
Referred to the General Judiciary Committee.
A bill to incorporate the Georgia Savings Bank of Quitman, Brooks county, Georgia, and for other purposes.
Referred to the Committee on Banks.

A bill to amend an act to amend the charter of Athens,

170

JOURNAL OF THE SENATE.

so as to authorize the Mayor and Council of said city to improve the streets of the same, and for other purposes.
Referred to the General Judiciary Committee.

A bill to establish a City Court in Hall county.
Referred to the Special Judiciary Committee.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:

Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.

The Senate. having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. 111. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, August 5, 1891, 10 O'clock A.M.

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

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

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

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

Glenn,

Smith of 6th Dist.,

Harlan,

Smith of 28th Dist.,

Hill,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39thDist., Todd,

Lamb,

Vincent,

WEDNESDAY, AuGUST 5, 1891.

171

Cnl pepper, Culver, Eason, Ellington, Flint,

Lane, Lanier, JY[cRae, Nunnally, O'Neal,

Walker, Williams, Zachry, Mr. President.

The Journal was read and approved.

Mr. Irvine, Chairman of the Committee on Public Schools, submitted the following report~

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

A bill to be entitled an aci to authorize and empower the

Board of Trustees of Washington Male Academy to turn

over to the Board of Education of said town the Academy building and grounds, to be used by said Board of Education for public school purposes, upon such terms as may be agreed upon by said Board of Trustees and said Board of Educa-

tion.

Respectfully submhted.

IRVINE, Chairman.

The bill mentioned in the foregoing report was read the second time and passed to a third reading.

Mr. Cabiniss, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to wit:

A bill to be entitled an act to make penal the non-compliance of laborers and others with their contracts when advances have been made to them on their false promises to pay for the same in labor or other service.

Also, the following Senate bill, with the recommendation that the same do not pass, to-wit:

172

JOURNA.L OF THE SENATE.'

A bill to be entitled an act to authorize and empower the Supreme Court to decide certain cases ore tenus, and to dispense with publishing the decisions therein rendered.
Also, the following Senate bill, with the recommendation that leave be granted the introoucer to withdraw the same, to-wit:

A bill to be entitled an act to amend a.n act to fix: the venue of Justice Courts in cities of this State h.aving a population of over fifteen thousand, and for other purposes.

Respectfully submitted_

CA.BA.Niss, Chairman.

The following message was received from the House through Mr. Hardin1 the Clerk thereof;
Mr. President:
The House has adopted the following resolutions, in which it asks the concurrence of the Senate, to-wit:

A resolution to pay pension to Mrs. L. A. Eason, widow of James Eason, deceased.
Also, a resolution to pay the Hon. William Jennings, of the county of Terrell, his per diem for the forty-eight days of session of the Legislature for 1890.

By resolution of Mr. Eason, H. J. McGee, Esq., of Reidsville, Ga., was invited t.o a seat in the Senate during his stay in this city.

Mr. Todd, with the unanimous consent of the Senate, withdrew Senate Bill No. 133, which is a. bill to amend an act to fix: the venue of Justice Courts in cities having over fifteen thousand inhabitants, etc.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as indicated, to-wit:

:By Mr. HarlanA bill to authorize the Mayor and Council of the city of

WDNESDAY, AUGUST 5, 1891.

173

Calhoun, in Gordon county, to establish and maintain a. system of public schools for said city, and for other purposes.
Referred to the Committee on Public Schools.

By Mr. Irvine-
A bill to incorporate the town of Lyerly, in Chattooga county, Georgia, and for other purposes.
Referred to the Special Judiciary Committee.

By Mr. Cabaniss-A bill to incorporate the Exchange Bank of Forsyth. Referred to the Committee on Banks.

By resolution of Mr. Ellington, Mr. E. A. Shields, of McDuffie county, was invited to a seat in the Senate.

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

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

A bill to be entitled an act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an act establishing the City Court of Atlanta, passed Decemher 15, 1871, and acts amendatory thereof, and for other purposes.
Respectfully submitted. R. M. W. GLNN, Chairman.

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

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following joint resolution, to-wit:

A resolution to investigate the railroads of the State and

17!

JoURNAL oF THE SENATE,

sP-e which of them are in violation of their 'charters, and for other purposes.
Respectfully submitted. R. M. W. GLENN, Chairman,
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. PresUlent:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to empower the Mayor and Council of the city of Griffin to exchange a portion of New Orleans street for a portion of the Bray lot.
Also, an act to amend sect.ion 3777 of the Code of 18B2.
Also, an act to repeal an act approved :Det!ember 18, 1884, so far as the same applies to the county of Baldwin, and for othE:r purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.
Leave of absence was granted Messrs, Flint and Witcher, on account of sickness.
The following resolutions of the House were read the first time, and referred as indicated, to-wit:
A resolution to pay pension to Mrs. L. A. Eason, widow of James Eason.
Referred to the Committee on Finance.
Also, a resolution providing for payment of the per diem of Hon. William Jennings, of Terrell county, etc.
Referred to the Committee on Finance.
Mr. Williams introduced a bill to prescribe the medium hrough which the legal advertising shall be done, which

WEDNESDAY, AUGUST 5, 1891.

175

was read the first time and referred to the General Judiciary Committee.

Mr. Nunnally introduced a bill to fix the fees of Solicitors of county courts in certain cases, which was read the first time and referred to the General Judiciary Committee.

By resolution of Mr. Culver, Dr. T. 0. Powell, Superintendent of the State Lunatic Asylum, was invited to a seat in the Senate during his stay in this city.

On motion of Mr. Callaway, the following bills of the House were read the second time, and recommitted to the Special Judiciary Committee, to-wit:

A bill to establish a City Court in Hall county.

A bill to amend an act passed in 1874, to provide for a .Board of County Commissioners of Roads and Revenues of Bartow county.

A bill to prohibit the killing of game and fishing in Chat-

tooga county, Georgia, during certain months, and for other

purposes.



A bill to provide for the registration of voters in Chat-

tooga county, Georgia, and for other purposes.

A bill to amend an act crea.ting a City Court of Macon, Georgia, approved August 14, 188.5; and

A bill to require and provide for the registration of all voters in Jefferson county.

The Senate took up, as the special order, the bill of the House to prohibit physicians and prescription clerks, etc., from practicing their profession or calling while in a state of intoxication from the use of intoxicating liquors or opium, etc.
On motion of Mr. Cabaniss, the special order was discharged and made the special order for Wednesday, the 12th instant, at 11 o'clock A. M.
On motion of Mr. Cabaniss, the bill of the House to make

176

JoURNAL OF THE SENATE.

penal the non-compliance of laborers and others with their _contracts where advances have been made them, etc., was taken up under adverse report of the General Judiciary Committee, under suspension of the Rules. On motion of Mr. Cabaniss, fifty copies of this bill were ordered to be printed for the use o( the Senate.

Mr. Candler, Chairman Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following bills, which they report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to amend the act approved September, 1885, incorporating the Propeller Tow Boat Company of Savannah, so as to authorize the capital stock to be increased.
Also, a bill to be entitled an act to amend the act approved September 10, 1885, incorporating the Propeller Tow Boat Company of Savanna,P, so as to correct a clerical error in the title of the same. .
Also, a bill to be entitled an act to amend an act entitled an act to incorporate the Savannah Dredging Company, a,pproved October 6, 1885, so as to authorize its capital stock to be increased.
Also, a bill to be entitled an act to create a new charter for the town of Douglasville, so as to ex.tend the corporate limits thereof, and to provide for an election on certain conditions therein referred to, and for other purposes.
CANDLER, Chairman.

The bills set forth by their titles in the foregoing report were taken up, read the second time, and passed to a third reading.
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:

THURSDAY, AUGUST 6, 1891.

177

Mr. President: -
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House of Representatives, and the President and Secretary of the Senate, and ready for the sign~ture of the Governor, the following joint resolution, to-wit :

A resolution to investigate the railroads of the State and see which of them are in violation of their charter.
R. M. W. GLENN, Ch!tirman.

The President announced, as the committee on the part of the Senate, under the joint resolution of the Senate, to investigate the railroads of this State, Messrs. Ellington and Callaway.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, August 6, 1891, 10 0 'clock A.M.

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

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

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

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper,
12

Glenn,

Smith of 6th Jlist.,

Harlan,

Smith of 28th Dist.,

Hill,

Strickland,

Inine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vinc.ent,

I~ane,

Walker,

Lanier,

Warren,

178

JOURNAL OF THE SENATE.

Culver, Eason, Ellington,

McRae, Nunnally, O'Neal,

WilliamR, Zachry, Mr. President.

The Journal was read and approved.

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

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

A bill to provide for the more speedy determination of criminal cases.

Mr. O'Neal, Chairman Committee on Banks, submitted the following report :

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act to incorporate the Southern Exchange Bank, to define its powers, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that tte same do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Bank of Commerce of Summerville, Georgia, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Commercial Bank of Macon.
Also, the following Senate bill, with the recommendation that the same do pass, as amended, to-wit:

THURSDAY, AuGUST 6, 1891.

179

A bill to be entitled an act to incorporate the Exchange Bank of Forsyth.
Respectfully Rubmitted. MAsToN O'NEAL, Chlirman.

The Senate took up the adverse report of the General Judiciary Committee on the bill of the House to make penal the non-compliance of laborers and others with their contracts where ad"vances have been made, etc.
Mr. Beck moved to disagree to the adverse report.
On motion of Mr. Cabaniss, the motion to disagree to the adverse report was made the special order for Tuesday, August 11, at 11 o'clock A. M.
The Senate took up the ad verse report of the General Judiciary Committee on the bill of the Senate to authorize and empower the Supreme Court to decide certain cases ore tenus, etc.
The adverse report was agreed to and the bill was, therefore, lost.
By resolution o( Mr. Glenn, the courtesies of the Senate were extended the Hon. A. J. Bankston, of Catoosa county, during his stay in this city.

Mr Callaway, Chairman of the Special Judiciary Committee, submitted the following report:

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

A bill to establish a City Court in Hall county.
Also, a bill t~ require and provide for the registration of all the voters of the county of Jefferson.
Respectfully submitted. E. H. C'.ULAWAY, Chairman.

\

180

JoURNAL OF THE SENATE.

Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:

Mr. President :
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to make County Administrators ex officio County Guardians; to prescribe their duties, and for other purposes.
Also, a bill to be entitled an act for the punishment of of pools, trusts and conspiracies, and relating to evidence in such cases, and for other purposes.
Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do not pa!'s, to-wit:
A bill to be entitled an act to allow Judges of the Superior Courts of this State to order such parts of the costs paid Justices of the Peace, and Notaries Public who are ex officio Justices of the Peace, that are paid to them in order to carry a case in the J nstices' Courts up by certiorari to the Superior Court, to be paid back to the party certioraring the same.
Also, a bill to be entitled an act to prohibit the sale of inintoxicating liquors in Pulaski county, and to provide a penalty for a violation of the same.

Also, the following House bill, which they instruct me to report back, with recommendation that it be referred to the Committee on l.ailroads:

A bill to be entitled an act to amend section 719(i) of the Code, and for other purposes.

Respectfully submitted.

T. B. CABANis3, Chairman.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

THURSDAY, AUGUST 6, 1891.

181

Mr. President :"
Your committee have had under consideration the following Honse bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to authorize the Ordinary of Gilmer county to submit the question of issuing bonds to build a new court-house and new jail to the qualified voters of said county.
Also, a bill to be entitled an act to appropriate the sum of five hundred dollars for the purpose of providing county maps for the Secretary of State's office.
Also, the following resolutions, with the recommendation that the same do pass, to-wit:
A resolution to pay pension to Mrs. L. A. Eason, widow of James Eason.
Also, a resolution to pay Hon. William Jennings, of the county of Terrell, his per diem for the session of 1890.
J. M. TERRELL, Chairman.

Mr. Callaway, Chairman of the Special Judiciary Committee, submits the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they recommend do pass, to-wit:

A bill to be entitled an act to prohibit killing game and fishing in Chattooga county, Georgia, during certain months of the year, and to prescribe a penalty therefor.

Also, a bill to be entitled an act to authorize and empower the Board of Trustees ofthe Washington, Georgia, Female Seminary to turn over to the Board of Education of said town the seminary buildings and grounds, to be used by said Board of Education for public school purposes, and upon such terms as may be agreed upon between said Board of Trustees and said Board of Education.

182

JOURNAL OF THE SENATE.

Also, they recommend that the following bill do pass, as amended, to-wit:
A bill to be entitled an act to amend an act creating City Court of :Macon, approved August 14, 18&5.
E. H. CALLAWAY, Chairman.

The bill of the House to provide for the more speedy determination of criminal cases was read the first time and referred to the General Judiciary Committee.
The bill of the Senate to incorporate the Exchange Bank of Forsyth;
And the bill to amend an act to incorporate the South- ern Exchange Bank, approved December 20,1890, were read the second time and passed to a third reading.
The bill of the Senate to make County Administrators ex officio County Guardians, prescribe their duties, and for other purposes, was read the second time and passed to a third reading.
Under a su~pension of the Rules, Mr. Callaway introduced a bill to amend section 34:09 of the Code of Georgia, which was read the first time and referred to the General Judiciary Committee.
The following bills and resolutions of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize the Ordinary of Gilmer county to submit the question of issuing bonds to build a courthouse and jail for said county.
A bill to incorporate the Commercial Bank of Macon.
A bill to appropriate five hundred dollars to provide county maps for the Secretary of State.
A resolution to pay a pension to Mrs. L. A. Eason, widow of James Eason.
Also, a resolution to pay per diem of Hon. Williams Jennings, of Terrell county.

THURSDAY, AUGUST 6, 1891.

183

On motion of Mr. Callaway, the bill of the House to amend an act passed in 1874, to provide for a Board of County Commissioners of Roads and Revenues for the county of Bartow, was recommitted to the General Judiciary Committee.
On further motion of Mr. Callaway, the bill of the House to relieve Jesse D. Strange, on a forfeited recognizance, was recommitted to the Finance Committee.
The bill of the Senate to incorporate the Bank of Commerce of Summerville, Chattooga county, Georgia, was read the second time and passed to a third reading.
The bill of the House to amend section 719(i) of the Code was recommitted to the Committee on Railroads.

At the hour o( 11 o'clock A. M. the special order was taken up, to-wit:

A bill of the Senate to amend paragraph 6, section 4, article 3 of the Constitution of 1877, determining length of sessions of the General Assembly.
On motion of Mr. Callaway: the special order was displaced, and the bill laid on the table subject to be called up
- at the will of the mover thereof. The bill of the Senate to incorporate the town of Cusseta, etc., was, on motion of Mr. Candler, read the second time and paRsed to a third reading.
On motion of Mr. Candler, the following bills of the House were read the second time and recommitted to the Committee on Corporations, to-wit:
A bill to incorporate the town of Dexter, in the county of Laurens.
A bill to incorporate the town of Clarkesville, etc.
A bill to incorporate the town of Rhine, in the county of Dodge.
A bill to amend an act establiRhing a new charter for the city of Atlanta, so as to provide for covering into the Treas-

184

JoURNAL OF THE SENATE.

ury fees paid to the Marshal and Clerk of said city, and authorize the payment of salaries only to said Clerk and Marshal, etc.

A bill to amend the charter of the Savannah Lighterage and Transfer Company, of Savannah.

A bill to amend the charter of the city of Athens in relation to sewers.
A bill to incorporate the town of Hampton.
A bill to provide for the advancement and trial of cases in Fulton Superior Court, of Fulton county, to which the city of Atlanta is, or may be, a party, etc.
And a bill amendatory of the several acts relating to the city of Conyers, in the county of Rockdale, and to enlarge and define the powers and duties of the Mayor and Council thereof.
On motion of Mr. Candler, the Senate took up the report of the Special Judiciary Committee on the bill of the House to establish a City Court for the county of Hall.

The report was agreed to.

Proof of legal notice was submitted

,.

The bill was read the third time and passed by constitutional majority, there being ayes 30, nays 0.
On motion of Mr. Candler this bill was ordered to be immediately t'"ansmitted to the House.
The bill of the Senate for the punishment of pools, trusts and conspiracies, etc., was, on motion, made the special order for Thursday, August 13th (instant), at 11 o'clock A.M.

Leave of absence was granted Mr. McRae for a few days after to-day.

The Senate took up the report of the Committee on Corporations on the bill of the House to create a new charter for the town of Douglasville, and for other purposes.

THURSDAY, AUGUST 6, 1891.

185

Proof oflegal notice was submitted.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the act, approved the lOth September, 1885, incorporating the Propeller Tow Boat Company of Savannah, so as to correct a clerical error in the title of the same.
Proof of l"lgal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 27, nays 0.
The Senate took np the report of the Committee on Corporations on the bill of the House to amend the act, approved Septemher 10, 1885, incorporating the Propeller Tow Boat Company of Savannah, Georgia, so as to authorize the capital stock to be increased.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time, and passed by constitutional majority, there being ayes 29, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Hotse to amend an act to incorporate the Savannah Dredging Company, approved Oc tober 6, 1885, so as to authorize the capital stock to be increased.
Proof of legal notice was submitted to the Senate.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Special Judiciary

186

JOURNAL OF THE SENATE.

Committee-on the bill of the House to require and provide for the registration of all the voters of the county of Jefferson, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 27, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act creating a City Court of Macon, approved August 14, 1885.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 26, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to prohibit killing game and fishing in Chattooga county, Georgia, during certain months, and for other purpo:;;es.
Proof of legal notice was submitted.
The report was agreed to.

The bill was read the third time, and passed, by consti-

tutional majority, there being ayes 27, nays 0.



The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

FRIDAY, AUGUST 7, 1891.

187

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, August 7, 1891, 10 O'clock A.M.

The Senate met pursuant to adjournment, the President. in the cha.ir.

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

On the call of the roll, the following Senators answ~red to their names:

Beard, Beck, Bennett, Brown, Cabaniss, Callaway, Candler, Cal~ .. Culver, Eason, Ellington, Glenn,

Harlan,

Smith of :!8th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lane,

Warren,

Lanier,

Williams,

Nunnally,

Zachry,

O'Neal,

Mr. Pres1dent.

Smith of 6th Dist.,

The Journal was read and approved.

Mr. Zachry, Chairman of the Committee on General AgricJlture, submitted the following report:

Mr. President:

Your committee have had under consideration the fol-

lowing Senate bill, which they instruct me to report back,

with the recommendation that the same do pass by substi-

tute, to-wit:

A bill to be entitled an act to amend section 4441 of the

..

Code of 1882, by making the same applicable to fishing as

well as hunting upon the lands of another, and for other

purposes.
Respectfully submitted.

C. T. ZAcHRY, Chairman.

188

JouRNAL oF THE Sl'~ATE.

Mr. Cabaniss, Chairman of the Committee on General Judiciary, submitt!'\d the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to prescribe the medium through which the legal advertising shall be done,
Respectfully submitted. T, B. CABANiss, Chairman.

Mr..Johnson, Chairman Committee on Railroads, submitted the following report:

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

A bill to be entitled an act to incorporate the SouthAtlantic Railroad Company, and to define its rights, p.owers . and privileges, and for other purposes.
Respectfully submitted. RICHARD JoHNSoN, Chairman.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report:

Mr. President:

Your committee have had under consideration the follow-

ing House hills, which they instruct me to report back, with

..

the recommendation that the same do pass, to-wit:

A bill to be entitled an act to incorporate the Jefferson Banking Company, and for other purposes.

Also, a bill to be entitled an act to incorporate the Georgia Savings Bank of Quitman, Brooks r.ounty, Georgia, and for other p11rposes.

FRIDAY, AUGUST 7, 1891.

189

Also, a bill to be entitled an act to incorporate the Excelsior Bank of Savannah.

Also, the following Senate bill, with the recommendation that the same do pass, as amenqed, to-wit:

A bill to be entitled an act to incorpor~te the Bank of Louisville, Georgia.
Respectfully submitted. MASTON O'NEAL, Chairman.

Mr. Hodges offered the following privileged resolution, which was taken up, read ai1d agreed to, to-wit:

Resolved, That the House of Repreilentatives he requested to return Senate Bill No. 96, in order that the said bill may be withdrawn by the author.

The following bills, on the call of the roll, were introduced, read the first time, and referred as indicated, to-wit:

By Mr Boyd-
A bill to prohibit a.ny person or persons from hunting or fishing on the lands of another in Coffee county, except by written consent of the owner of such laud.
Referred to the Special Judiciary Committee.

By Mr. Irvine-
A bill to amend the present road laws of Chattooga county, Georgia, approved September 5, 1889, and for other purposes.
Referred to the Special Judiciary Committee.

By Mr. Nunnally-
A bill to amend section 1.553(b) of the Code of 1882, etc., and for other purposes.
Referred to the Committee on General Agriculture.

By Mr. Smith, of 28th DistrictA bill to amend an act to authorize and require a regis-

190

JoURNAl, OF THE SENATE.

tration of all voters in the county of Jasper, and for other purposes.
Referred to the Special Judiciary Committee.
By Mr. Warren~ A bill io amend section 4535 of the Code of 1882. Referred to the Committee on Temperance.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Georgia. Savings Bank of Quitman, etc.
A bill to incorporate the Jefferson Banking Company, and for other purposes.
Also, a bill to incorporate the Excelsior Bank of Savannah.

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

Mr. President:
The Governor has approved and eigned the following act of the General Assembly, to-wit:
An act to incorporate the Bank of Thomson, to confer certain powers and privileges on same, and for other purposes.

Also, a. joint resolution to investigate the railroads of the State and see which of them are in violation of their charters, etc.
The bill of the Senate to incorporate thEt Bank of I.ouisville, Georgia;
And, the bill to amend section 4441 of the Code of 1882, etc., were read the second time and passed to a third reading.

FRIDAY, AUGUST 7, 1891.

191

Also, a bill to prescribe the medium through which the legal advertising shall be done.
The Senate took up the report of the Finance Committee on the resolution from the House to appropriate the sum of five hundred dollars for the purpose of providing county maps for the Secretary of State's office.
The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Easnn,

Ellington,

Nunnally,

Golden,

O'Neal,

Harlan,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Johnston of 39th Dist., Walker,

Lamb,

\Varren,

Lanier,

Williams.

The member voting in the negative is-

Strickland.

There are ayes 31 ; there are nays 1.
So the resolution was concurred in by constitutional majority.
The Senate took up the report of the Finance Committee on the resolution of the House to pay per diem of Hon. William Jennings, of Terrell county, etc.
The report was agreed to.

The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck,

Golden, Harlan,

Rmith of 6th Dist., Smith of 28th Dist.,

192

JOURNAL OF THE SENATE.

Bennett, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, F.ason, Ellington,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., .Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lanier,

Warren,

Nunnally,

Williams,

O'Neal,

Zachry.

There are ayes 33; there are nays 0.

So the resolution was concurred in by a constitutional majority.

At the hour of 11 o'clock A. M., the Senate took up the special order, to-wit:
A bill of the Senate to prohibit the sale of seed or lint cotton without the consent of the owner of the land on which the same is raised.
A number of amendments having been offered, the bill, with the amendments, was recommitted to the Committee on General Agriculture.
The Senate took up the report of the Finance Committee on the bill of the House to authorize the Ordinary of Gilmer county to submit to the legal voters of said county the question of issuing bonds for the building of a court-house and jail in said county.
Proof of legal notice was submitted to the Senate.
The report was agreed to.

The bill was read the third time and passE>d, by constitutional majority, there being ayes 29, nays 0.
Under a suspension of the Rules, Mr. Culver introduced a bill to amend section &'20 of the Code of 1882, which was read the first time, and referred to the Committee on Roads.
The Senate took up the report of the Finance Committee on the resolution of the House to pay a pension to Mrs. L. A. Eason, widow of James Eason.

FRIDAY, AUGUST 7, 1891.

193

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

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

Glenn,

Smith of 6th Dist.,

Golden,

Smith of 28th Dist.,

Harlan,.

Strickland,

Hill,

Tatum,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Johnston of 39tli Dist., Walker,

Lamb,

Warren,

Lanier,

Williams,

Nunnally,

Zachry.

O'Neal,

There are ayes 35 ; there are nays 0.

So the resolution was concurred in by a constitutional majority.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act of the General Assembly of Georgia, approved November 8, 1889, entitled an act to incorporate the Carrollton Street Railway Company, of Carrollton, Georgia, to define its rights, powers and duties, and for other purposes.

Also, the foilowing House bill, which they instruct me to report ba.ck, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to amend an act to provide
13

194

JOURNAL OF THE SENATE.

for the regulation of freight and passenger charges in this State, and for other purposes.
Respectfully submitted. RICHARD JoHNSoN, Chairm,an.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the HQuse, and ready for the signatures of the President and Secretary of the Senate, the following bill, to-wit:

A bill to organize and incorporate the 4th Regiment of Georgia Volunteers, to empower the said regiment to acquire, hold and dispose of property, real and personal, to issue bonds, and for other purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.

On motion of M.r. Callaway, the bill of the Senate to amend section 4625(c) of the Cod.e was read the second time, and recommitted to the Special.Judiciary Committee.

The Senate took up the report of the Committee on Banb on the bill of the Senate to incorporat~ the Exchange Bank of Forsyth_

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to_
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 25, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Bank of Commerce of Summerville, Georgia, and for other purposes.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

FRIDAY, AUGUST 7, 1891.

195

The bill was read the third time and pa~sed, as amended by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Southern Exchange Bank,_ and for other purposes.

The report was agreed to.

The bill was read the third tinie, and passed by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to make county administrators ex officio county guardians, prescribe their duties, and f()r other purposes.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 29, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Commercial Bank of Macon.

The report was agreed to.

The bill was read the third time and passed, by constitutional majority, ayes 27, nays 0.

The Senate took up the report of the Committee on RailJ'OI).ds on the bill of the House to incorporate the SouthAtlantic Railroad Company, and for other purposes.

The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 31, nays 0.
Leave of abse~ce was granted Mr. Culver for a few days, on important business.
By unanimous consent Mr. Nunnally introduced the fol.

196

JoURSAL OF THE SENATE.

lowing bill, which was read the first time and referred to the Committee on General Agriculture, to-wit :

A bill to amend section 1553(c) of the Code of 1882, etc.

The Senate took up the report of the Coml)littee on Railroads on the bill of the House to amend an act to provide for the regulation of freight and passenger tariffs in the State, to prevent unjust discrimination and extortion in rates, etc.

The committee reported in favor of its pas!!age, with amendments, which was adopted, and the report was agreed to. .

The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 29, nays 0.

By resolution, Dr. T. J. Walker, of Jasper county, and and Judge W. L. Mathews, of Screven county, were invited to seats in the Senate during their stay in this city.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Carrollton Street Railway Company, approved November 8, 1889, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, by constitutional majority, there being ayes 29, n JYS 0.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. :M. Monday next.

SENATE CHA:MB:Jo.."R, ATLANTA, GEORGIA,
Monday, August 10, 1891, 10 O'clock A. :M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. Chalmers Frazier.

MoNDAY, AuGL"ST 10, 18!)1.

197

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

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

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

L1mb,

Vincent,

Lane,

Walker,

L-mier,

Warren,

Nunnally,

Williams,

O'Nt-al,

Mr. President.

The Journal was read and approved.

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

~~r. President:
The Home has pas;;ed the following bill by the requisite con3titutional majority, to-wit:

A bill to extend the powers of the Railroad Commission so as to give them power to regulate charges of Express, Sleeping Car and Telegraph Companies.
The House has appointed, as the Committee on the part of the Hou~e, under the resolution to investigate railroads, the following members, to-wit: Messrs. Berner, Chairman; Twitty and Huff.
The House has passed, by the requisite constitutional majority, the following bill of the Senate:

A bill to establish a system of public schools in the town of Boston, Ga., and for other purposes.

The House has also passed the following House bills, by the requisite constitutional majority, to-wit:

A bill to establish a whipping boss for county and municipal chain-gangs now established and hereafter estab-

198

JouRNAL oF THE SENATE.

lished in this State, to prescribe the manner in which they shall be appointed, their terms of office, and for other purposes.

Also, a bill to permit the Treasurer or Tax-Collector of any city, town or other municipal corporation to issue process of garnishment for taxes due said city, town or other municipal corporation.

Also, a bill to amend an act to incorporate the Cincinnati, Georgia and Florida Railroad Company.

Also, a bill to repeal an act, approved November 13, 1889, with the following caption, to-wit: "An act to require the Clerks of the Superior Courts in each county in this State to have prepared a suitable record book, to be kept in the Clerk's office of the Superior Court in each county, said record to be known as the Record Book of Superior Court Charters, and said charters, when granted hereafter, shall not become valid until recorded in said charter record, with the original advertisement of the application for any charter, and for other purposes."

Also, a bill to amend paragraph or sub-section one (1) of section 1676 of the Code of Georgia of 1882, and for other purposes.

Also, a bill to authorize any bank chartered under the laws of this State, or which is now or may be appointed a State Depository in this State, in lieu of executing a bond, to deposit with the Treasurer of this State fifty thousand dollars in the bonds of the State of Georgia, and to prescribe what banks :may be State Depositories.

Also, a bill to ratify and confirm all charters of corporations granted by the Superior Courts of this State since the passage of the act approved November 13, 1889, and for other purposes.

Also, a bill to amend section 3940 o{ the Code of Georgia of 1882, so as to allow jurors in the City Courts of this State the same compen!'ation as is allowed jurors in the Superior Courts of such counties where such City Courts are located.

MoNDAY, AuausT 10, 1891.

199

The House has also adopted the following resolution, in which it asks the concurrence of the Senate, to-wit:
A resolution to pay Ben. J. Davis the sum of one hundred and sixty-six dollars for three hundred and thirty-two copies of the Public Acts of 1890.

Also, the following bill, to-wit:
A bill to incorporate the town of Hazlehurst, in the counties of Appling and Coffee, to define the limits of said town, to provide for a Mayor and Alderman for the government thereof, and for other purposes.
The House has passed the following bill of the Senate by the requisite constitutional majority, to-wit:
A bill to authorize the Judges of the Superior Courts of this State to fix and prescribe the grade of turnpike roads in this State.

The House has also concurred in the Senate amendments to the following bill of the House, to-wit:

A bill to amend the charter of the Talbotton and Western Railroad Company in certain particulars.

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

By Mr. Bennett-
A resolution to authorize R. Courson, Sr., to peddle without license in Appling eounty.
Referred to the Special J-udiciary Committee.

By Mr. Ellington-
A bill to amend paragraph 4 of section 4440 of the Code of 1882, relating to squatting or settling on the land ofanother, etc.
This bill, by uaanimous eon~nt, was withdrawn by the

200

JOURNAL OF THE SENATE.

mover, and having been reintroduced, was referred to the General Judiciary Committee.

By Mr. HarpA bill amendatory of the jury laws of this State. Referred to the Special Judiciary Committee.
By Mr. LaneA bill to make the Railroad Commissioners of Georgia
elective by the people, and for other purposes. Referred to the Committee on Railroads.
Leave of absence was granted Mr. Johnston, on account of sickness, and to Mr. Mullis for to-day.
The following bill of the House was read the first time, and referred as indicated, to-wit:
A bill to permit the Treasurer or Tax-Collector of any city, town or other municipal corporation to issue process of garnhhment for taxes due the said city, etc.
Referred to the General Judiciary Committee.
A bill to repeal an act requiring Clerks of Superior Courts to keep a record of Superior Court charters, and for other purposes.
Referred to the General Judiciary Committee.
A bill to incorporate the town of Hazlehurst, in the counties of Appling and Coffee.
Referred to the Committee on Corporations.
A bill to amend paragraph or sub-section one of section 1676 of the Code, and for other purposes.
Referred to the General Judiciary Committee.

A bill to establish a Whipping Boss for county and municipal chain-gangs, and for other purposes.
Referred to the General Judiciary Committee.

MoNDAY, AuGesT 10, 1891.

201

A bill to amend section 3940 of the Code of 1882, and for other purposes.
Referred to the General Judiciary Committee.

A bill to ratify and confirm all charters of corporations granted by Superior Courts of this State, etc.
Referred to the General Judiciary Committee.

A bill to amend an act to incorporate the Cincinnati, Georgia and Florida Railroad Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to authorize any bank chartered under the laws of Georgia, or that may be chartered, and which is now or may be appointed a State Depository, to deposit \vith the Treasurer of this State $50,000, the bonds of this State, in lieu of a bond, and for other purposes.
Referred to the Committee on Banks.

A bill to extend the powers of the Railroad Commission, so as to -give th{;m power 11.nd control of express, sleepingcar and telegraph charges, etc.
Referred to the Committee on Railroads; and

A resolution to pay Ben. J. Davis the sum of one hundred and sixty-six dollars for three hundred and thirty-two copies of the Public Acts of 1890.
Referred to the Committee on Finance.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

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

"A bill to be entitled an act to incorporate the town of Clarkesville, in the county of Habersham, to define the cor-

202

JOURNAL OF THE SENATE.

porate limits thereof, to confer upon the Mayor and Council thereof certain powers, privileges and duties, to repeal all existing charters or acts conferring corporate powers, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the town of Cusseta, in the county of Chattahoochee, and to render permanent the county site, and to regulate the duties of the same, approved December 22, 1855, and for other purposes.
Respectfully submitted. W. E. CANDLER, Chairman.
The following bills of the Senate were read the second time, and recommitted, to-wit:
A bill to amend section 4662 of the Code.
Also, a bill to amend the road laws of Chattooga county, Georgia, approved September 5, 1889, and for other purposes.
Also, a bill to incorporate the town of Lyerly, in Chattooga county, Georgia.
Also, a bill to amend section 1553(b) of the Code of 1882.
Also, a bill to prohibit hunting or fishing on the lands of another in the county of Coffee, in the State of Georgia.
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President: Your committee report as duly enrolled, signed by the
Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to prohibit killing game and fishing in Chattooga ' county, Georgia, during certain months of the year, and to
prescribe a penalty therefor.

MoNDAY, AuGUST 10, 1891.

203

Also, an act to require and provide for the registration of all the voters of the county of J efi'erson, and for other purposes.

Also, an act to establish a City Court in Hall county.
Also, an act to amend the act approved September 10, 1885, incorporating the Propeller Tow Boat Company of Savannah, so as to authorize its capital stock to be increased.

Also, an act to amend the act approved September 10, 18&5, incorporating the Propeller Tow Boat Company of Savannah, so as to correct a clerical error in the title of the same.

Also, an act to amend an act entitled an act to incorporate the Savannah Dredging Company, approved October 6, 1885, so as to authorize its capital stock to be increased.
AlE>o, your committee report as duly enrolled and ready to b10>. signed by the President and Secretary of the Senate, the following act, to-wit:
An act to establish a system of public schools in the town of Boston, Georgia, and for other purposes.
Respectfully submitte::l. R. M. W. GLENN, Chairman.

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

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Aecretary of the Senate, the following act, to-wit:

An act to authorize the Judges of the Superior Courts of this State to fix and prescribe the grade of turnpike roads in this State, and for other purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.

204

JouRNAL OF THE SENATE.

The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Bank of Louisville, Georgia.

f The committee reported in favor of its pas8age, as amended, and the report was agreed to.:

The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 27, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to prescribe the medium through which the legal advertising shall be done.

The report was agreed to.

The bill was read the third time, and passed by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Clarkesville, etc.

The report was agreed to.

The bill was read the third time, and passed by constitutional majority, there being ayes 26, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Jefferson Banking Company, and for other purposes.

The report was agreed to.

The bill was read the third time, and passed by constitutional majority, there being ayes 29, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Cusseta, and for other purposes.
The committee reported in favor of its passage, as amended, and the report was agreed to.
The bill was 1ead the third time, and passed, as amended, by cQnstitutional majority, there being ayes 29, nays 0.

MoNDAY, AuGUsT 10, 1891.

205

The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize and em,power the Board of Trustees of the Washington (Georgia) Female Seminary to turn over to the Board of Education of said town the Seminary building and grounds, to be used for public school purposes, etc.

The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 27, nays 0.
The Senate took up the report of the Committee on Public Schools on the bill of the House to authorize and empower the Board of Trustees of Washington (Georgia) 1\Iale Academy to turn over to the Board of Education of said town the Academy building and grounds for public school purposes, and for other purposes.

The report was agreed to.
The bill was read the third time and passed, by constitutional majority, there being ayes 27, nays 0.

The Senate took up the report of the Committee on Bank8 on the bill of the House to incorporate the Georgia Savings Bank of Quitman, and for other purposes.

The report was agreed to.
The bill was read the third time and passed, by constitu tional majority, there being ayes 28, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Excelsior Bank of Savannah.
The report was agreed to.
The bill was read the third time and passed, by constitutional majority, there being ayes 30, nays 0.
By resolution of Mr. Candler, Mr. John Cannon, of Rabun county, was invited to a seat in the Senate during his stay in this city.

206

JounNAL oF 'I'HE SENA'I'~.

The Senate, having disposed of all business on \he desk of the Secretary, adjourned, on motion, until 10 o'clock
A. 111. to~morrow.

SENATE CHAM:B&R, ATLAN'I'A, G&ORGlA,
Tuesday, Au~ust 11,' 1891, 10 O'clock A. M,

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

Prayer was offered by the Rev. Mr. Todd, Senator from the 35th District.

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

Beard, Beck, Bennett, Boyd, Brown, Cahan iss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Glenn, Harlan,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnl!ton of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

Warren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Zachry,

0 ' ~eal,

Mr. President.

Patton,

The Journal was read and approved.

On motion of Mr. Harp, the Senate reconsidered its action of yesterday in passing a bill to incorporate the town of Cusseta. The reconsidered bill was, on his motion, recommitted to the Committee on Corporations.
By resolution of Mr. Lane, Mr. G. M. Brinson, of Stellmore, Ga., was in ited to a seat in the Senate during his stay iri this city.

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

TUESDAY, AUGUST 11, 1891.

-207

Mr. President :
The House has passed the following bilh~ by the requisite constitutional majority, to-wit:
A bill to incorporate the Atlanta, Americus and Florida Railroad Company, to define its rights, powers and privi leges, and for other purposes.
Also, a bill to amend an act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, and for other purposes.
Also, a bill to provide for the removal of all obstructions other than mill dams from the streams in the county of Banks.

Also, a bill to amend the charter of the Atlanta and Alabama Railway Company, and for other purposes.
Also, a bill providing for the compensation of the Commissioners of Roads and Revenue for the county of Dougherty, and for other purposes.
Also, a bill to amend an act incorporating the town of Acree, in the counties of Worth and Dougherty, and for other purposes.
Also, a bill to repeal section four of the local option law of Clarke county.
Also, a bill to establish a dispensary in the city of Athens, and for other purposes.
Also, a bill to abolish the County Court of Appling county, and for other purposes.
Also, a bill to regulate the pay of the Board of Educa tion of Campbell county,- and for other purposes.

Also, a bill to amend the charter of the Indian Springs Railroad Company.

Also, a bill to amend an act incorporating the town of Adel, in the county of Berrien, and for other purposes.

208

JouRNAL oF THE SENATE.

Aleo, a bill to authorize the mayor and council of Albany to straighten Jackson street, between Broad street and an alley between Jackson and Washington streets.

The House has concurred in the Senate amendment to the following House bill, to-wit:
A bill to amend an act creating the City Court of Macon, approved August 14th, 1885.
The House has passed the following Senate bill, as amended, to-wit:

A bill to incorporate the North Augusta Railroad, Company, and for other purposes.

The following communication was received from His ExcellE:ncy, the Governor, through Mr. Warren, his Secretary, to-wit: .

Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.
The following message was received from the House, through Mr. Hardin, the Clerk :

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

A bill to incorporate the Hall County Alliance Warehouse and Banking Company.

Also, a. bill providing for the registration of the voters of Quitman county, and for other purposes.
The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to-wit:
A resolution providing a joint session on to-morrow, the 12th, to hear an address from the Hon. Patrick Calhoun on the subject of "Deep Water at Savannah, Georgia."

TuEsDAY, AuGUST 11, 1891.

209

On motion of Mr. Smith, of the 28th District, the Senate took up the report of the Special Judiciary Committee, which was adverse to the passage of the bill of the Senate, to-wit:
To defiJ?.e the rights of parties over the settlement of cases, and to limit the powers of attorneys concerning the same, and for other purposes.

Mr. Smith moved to disagree to the adverse report of the committee.

Pending discussion of this proposition, the hour of 11 o'clock A. M. arrived, and the special order for this hour was, on motion of Mr. Terrell, displaced, to be taken up immediately after the pending matter is disposed of, the special order being a bill of the Senate to make penal the failure of laborers and others to carry out their contracts where advances have been made to them.

The question recurred, on the motion of Mr. Smith, of the 28th District, to disagree to the adverse report of the committee, and on this proposition he demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Gill, Harp, I.ane,

Patton,

Tatum,

Smith of 28th Dil;t., Walker.

Smith of 6th Diat., Zachry.

Those who voted in the negative are Messrs.-

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

Glenn,

Nunnally,

Golden,

O'Neal,

Hill,

Strickland,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Johnston of 39th Dist., Warren,

Lamb,

Williams,

Lanier,

Witcher.

McRae,

Mullis,

There are ayes 9; there are nays 31.
14

210

JouRNAL oF THE SENATE.

So the motion to disagree to the adverse report did not prevail.
The adverse report was :~gr{\ed to and the bill was lost.
The special order, to-wit : A bill of the House, ."To make penal the non-con1pliance of laborers and others with their contracts where advances have been made them," etc., was, on motion of Mr. Beck, displaced, and the bill was laid on the table.

Mr. Candler, . Chairman Committee on Corporations submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act amendatory of the several acts heretofore passed relating to the city of Conyers in the county of Rockdale, and for other purposes.
Respectfully submitted. W. E. CANDLER, Chairman.
Mr. Irvine, Chairman of the Committee on Public Schools, submitted the following report:

Mr. President:

Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same be referred to the Committee on General Judiciary, to-wit:

A bill to authorize the Mayor and Council of Calhoun, Gordon county, Georgia, to establish and maintain a sys tern of public schools, etc., and for other purposes.

Respectfully submitted.

IRVINE,

Chairman Public School Committee.

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

TuEsDAY, AuGUST 11, 1891.

211

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

A bill to be entitied an act to amend section 453-5 of the Code of Georgia of 1882, and for other purposes.

Respectfully submitted.

R. H. LANIER, Chairman.

Mr. Ellington, 'Chairman Committee on Special Agriculture, submitted the following report:

Mr. Pre.sident :
Your committee have had under consideration the following Senate bill, which they imt.ruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to amend an act to authorize and require a registration of all voters in the county of Jasper in this State, and provide methods of registration, arid for other purposes.

Respectfully submitted.

ELLINGTON, Chairman.

By resolution of Mr. McRae, the Hon. T. J. Smith, of Telfair county, ex-Senator, was invited to a seat in the Senate during his stay in this city, and a similar courtesy was extended to Prof. Graham Forrester,. of the city of Richland.
On motion of Mr Gill, the Rules were suspender!, when the following bills were introduced, read the first time, and referred as indicated, to-wit:

By Mr. Gill-
A bill to change the time of holdin)! the Superior Courts of the county of Lee, in the Southwestern Circuit, and for other purpo~res.
Referred to the Special Judiciary Committee.

212

JOt'RNAL OF THE SENATE.

Also, by Mr. GillA bill to alter and amend sE:ction 616(d) of the Code. Referred to the General Judiciary Committee.

By Mr. Culver-
A bill to amend section 620 of the Code, and for other purposes.
Referred to the Special Judiciary Committee.

On motion of Mr. Williams, the Senate took up the following joint resolution from the House, to-wit:

A resolution providing for a joint session of the General Assembly at 11:30 A.M. for the purpose of hearing an address by the Hon. Patrick Calhoun on "Deep Water at Savannah."

Mr. Todd moved to amend by striking out 11:30 A. M. and inserting 3 P. M.

Mr. Ellington proposed to amend the amendment of Mr. Todd by substituting ~ P. M. for 3 P. M.

Mr. Todd accepted the proposed amendment of Mr. Ellington.

Mr. Smith, of the 6th District, called for the previous question, which was sustained, and the main question was ordered and put to the Senate.
1st. The amendment to the resolution.

On this proposition the ayes and nays were required, and were recorded.

Those who voted in the affirmative are Messrs.-

Bennett, Callaway, Culpepper,

McRae, Ellington, Smith of 6th Dist.,

Smith of 28th Dist., Terrell, Todd.

Those who voted in the negative are Me_ssrs.-

Beard, Beck,

Hill, Hodges,

Patton, Strickland,

TuEsDAY, AuGusT 11, 1891.

213

Boyd, Brown, Cabaniss, Candler, Eason, Gill, Glenn, Golden, Harp,

Irvine,

Tatum,

Johnson of 21st Dist., Vincent,

Johnston vf 39th Dist.,Walker,

Lamb,

Warren,

Lane,

Williams,

Lanier,

Witcher,

Mullis,

Zachry.

Nunnally,

O'Neal,

There are ayes 9; there are nays 31.

So the amendment was not adopted.

2. Shall the resolution be concurred in?

This proposition was submitted to a vote of the Senate, and was concurred in.

The Senate, on motion of Mr. O'Neal, went into executive session, and having spent some time therein, returned to open session.

Leave of absence was granted Mr. Johnston, of the 39th District, for a few days on account of sickness.

Mr.Johnson, Chairman of the Committee on Railroads, submitted the following rep')rt:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit:
A bill to be entitled an act to extend to the Indian Springs and Flovilla Railroad Company the right to lay their tracks on the Indian Springs Railroad.
Also, the following House bill, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to regulate the hours of labor of trainmen on railroads in this State.
Respectfully submitted. RICHARD JoHNSON, Chairman.

214

.JOURNAL OF THE SENATE.

On motion of Mr. Johnson, the bill of the House. to amend the charter of the Cincinnati, Georgia and Florida Railroad Company, and .for other purposes, was read the second time and recommitted.

On motion of Mr. Walker, the bill of the House to provide for the registration of the qualified voters of Quitman county, and to provide for carrying the same into effect, and for other purposes, was read the first time and referred to the Committee on Special Judiciary.

The Senate adjourned, on motion, until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, August 12, 1891, 10 O'clock A.M.

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

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

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

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

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

'Varren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Zachry,

O'Neal,

Mr. President.

The Journal was read and approved.

By resolution of Mr. Calloway, the Hon. H. H. Perry, of

WEDNESDAY, AuGusT 12, 1891.

215

the county of Banks, was ~xtended the courtesies of thfl Senate during his stay in this city.

On motion of Mr. Cabaniss, the bill of the House to amend the law for the protection of oysters in certain particulars, was read the second time, and recommitted to the General Judiciary Committee.

Mr. Nunnally, under the call of the roll for the introduction of new matter, introduced a resolution instructing the Governor to appoint an Assistant Attorney-General, which was read the first time and referred to the General Judiciary Committee.

Mr. Vincent introduced a bill to incorporate the town of Nelson, in the counties of Cherokee and Pickens, which was read the first time and referred to the Committee on Corporations.

Mr. Williams introduced the following resolution, whi:!h was read and agreed to, to-wit :

Resolved, That Hnn. J. J. McDonald, Mayor of the city of Savannah, and the entire Savannah delegation, be invited to seats upon the floor of the Senate during their stay in this city.

_Mr. Zachry, Chairman of the Committee on General Agriculture, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back as follows: "All amendments reconsidered, and recommended that the same do pass, as amended, as per amendments hereto attached," to-wit:

A bill to be entitled an act to prevent the sale of cotton in the seed or lint in this State without the written consent of the owner of the land on which the same was raised, and to provide a penalty, and for other purpose8.

Also, the following House bill, which they instruct me to

216

JOURNAL OF THE SENATE.

report back, with the recommendation that the same do not pa.-;s, as amended, to-wit:
A bill to be entitled an act to require proprietors and keeper~> of public gins to keep records of their work, to provide penalties for violations of the same, and for other purposes.
Respectfully submitted. C. T. ZAcHRY, Chairman.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills by the requisite constitutional majority, to-wit:
A bill to incorporate the town of Stellaville, in the county of J effers<m, and State of Georgia; to define the limits of the same, provide for officers to govern it, prescribe their duties, and for other purposes.
Also, a bill to amend an act entitled an act to incorporate the town of Moultrie in the county of Colquitt, to define the limits and the powers of the same, approved December 27th, 1890.
Also, a bill to amend section 3703 of the Code of 1882, and for other purposes.
Also, a bill to amend an act to prohibit cock-fighting or betting thereon, and prescribing a punishment for the same, approved Novemher 11, 18~9, and for other purposes.
Also, a bill to provide the payment of one hundred dollars to Mrs. Elizabeth E. Branch, administratrix of William H. Branch, an ex-Confederate soldier.
Also, a bill to incorporate the Northeastern Banking Company, of Harmony Grove, Georgia, and for other purposes.
Also, a bill to punish fraudulent entries and practices in speed contests, and for other purposes.

WEDNESDAY, AUGUST 12, 1891.

217

Also, a bill to incorporate the People's Savings Bank and Trust Company.

Aiso, a bill to amend an act approved Decemher 24, 1888, to require and provide for the registration of all voters in the county of Dooly, and for other purposes.

Also, a bill to incorporate the Atlanta Southern and W estern Railroad Company, to define its rights, powers and privileges, and for other purposes.

Also, a bill to amend section 3495 of the Code of 1882, and for other purposes.

The House has also adoptP.d, the following resolutions, in which it asks the concurrence of the Senate, to-wit:

A resolution for the relief of Mrs. S. G. Hightower, widow of John N. Hightower, deceased.
Also, a resolution for the relief of Mrs. Mary Wiliis, widow of Barney Willis, deceased.
Also, a resolution ratifying an exehange of small portions of land between Janie P. Thompson and the Board of Capit~l Commissioners, made in 1884, and authorizing the Governor to make necessary title to the property given in exc.hange for property received for State purposes..
Also, a resolution to appropriate the sum of six thousand dollars to supplement the amount heretofore appropriated to the contingent fund for the year 1891.
Also, a resolution to refund to C. C. Wheeler, of Walker
county, thirty-three and M dollars, paid by him as special
tax as liquor dealer for 1891.
The House recedes from its amendment to the following Senate bill, to-wit:
A bill to prescribe and make more certain the fees of Clerks and Sheriffs in djyorce cases.
The House has also adopted the following joint resolution, in which the concurrence of the Senate is asked, to-wit:

218

JouRNAL OF THE SENATE.

A re:;olution appointing a joint committee to investigate certain charges in relation to the election of United States Senator.

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

A resolution requestioug the House to return to the Senate, Senate Bill No. 96!, and said bill is herewith returned in compliance with said request.

Mr. Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 4662 of the Code of 1882.

Also, a bill to be entitled an act to amend section 4fi25(c) of the Code of Georgia of 1882, and for other purposes_.

Also, a bill to be entitled an act to incorporate the town of Lyerly, Chattooga county, Georgia, and for other purposes.

Also, a bill to be entitled an act to change the time of holding the Superior Courts of the county of Lee, in the Southwestern Circuit, and for other purposes.

Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act amendatory of the juror laws of the State of Georgia.
Also, the following House bill, wpich they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for the registration of the qualified voters

WEDNESDAY, AuGUST 12, 1891.

219

of Quitman county, and to provide for carrying the same into effect, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr. Johnson, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-w1t:

A bill to be entitled an act to amend an act to incorporate the Cin.::innati, Georgia and Florida Railroad Company, and for other purposes.
Respectfully submitted. RrcHARD JoHNsoN, Ch:1irman.

The resolution of the House to provide a joint committee to investigate certain reports derogatory to certain members of the General Assembly was taken up on motion and concurred in.

On motion of Mr. Johnson, the Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Cincinnati, Georgia and. Florida Railroad Company, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted and the report was agreed to.

The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 29, nays 0.
This bill was, on motion ofMr. Glenn, ordered to be immediately transmitted to the House.
The following House bills were read the first time, and referred, as indicated, to-wit :

220

JOURNAL OF THE SENATE.

A bill to pay the members of the Board of Education of Campbell county the sum of two dollars each for each day of actual service, etc.
Referred to the Special Judiciary Committee.

A bill to repeal section 4 of the Local Option Law, of Clarke county.
Referred to the Committee on Temperance.
A bill to abolish the County Court of Appling county, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to establish a dispensary in the city of Athens. Referred to thtl Committee on Temperance.
A bill to incorporate the Hall County Alliance Warehouse and Banking Co"llpany.
Referred to the Committee on Banks. A bill to amend the charter of Indian Springs Railroad Company. Referred to the Committee on Railroads.

A bill to amend an act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, and for other purposes.
Referred to the Committee on Corporations.

A resolution for the relief of Mrs. S. G. Hightower, widow of John N. Hightower.
Referred to the Committee on Finance.

A resolution for the relief of Mrs. Mary Willis, widow of Barney Willis.
Referred to the Committee on Finance.

At. the hour of 11 o'clock A. M. the President announced the special order for this period, to-wit:

WEDNESDAY, AUGUST 12, t891.

221

The report of the Committee on Temperance on the bill of the House to prohibit physicians and prescription clerks in a drug establishment from pursuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor.
The committee reported in favor of its passage.
Mr. O'Neal moved to amend as follows :
1. Amend by striking out at the end of the first section the words: "Or it can be proved that he or they were in such service."
2. Amend by striking out: "Not less than two hundred," in the second line of the second section, and inserting "not exceeding fifty," and strike out in the third line of the second section, "than five hundred," and insert in lieu thereof the words ''than one hundred."
3. Amend the second section by striking out all of the fifth and sixth lines thereof.
4. Amend by striking out all of the third section.
Mr. Beck proposed to amend by striking out all of section 2 after the word "misdemeanor" in the second line, and inserting in lieu thereof the following, to-wit: "And upon conviction shall be punished as prescribed in section 4310 of the Code."
Pending discussion of the special order, and amendments proposed, the hour of 11:30 o'clock arrived, and the President announced the fact that the time had arrived for the joint session to convene for the purpose of hearing an address from Mr. Patrick Calhoun on "Deep Water at Savannah."
The Senate then repaired to the hall of the House of Representatives, and being received by thE! House of Representatives, the President took the chair, and called the General Assembly to order.

The address having been delivered, the General Assembly

222

JoTJRSAL oF THE SENATE.

was, on motion, dissolved, and the Senate returned to the Senate chamber, and was called to order by the President, and resumed the consideration of the special order.

On motion of Mr. Terrell, the pending bill, with the amendments proposed, was recommitted to the Committee on Temperance.

Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to incorporate the Georgia Savings Bank of Quitman, Brooks county, Georgia, and for other purposes.
Respectfully l:'lubmitted. R. M. W. GLENN, Chairman.

By resolution of Mr. Johnson, of the 21st District, the privileges of the floor of the Senate were extended to the Hon. D. M. Hughes, of Twiggs county, during his stay in this city.

By unanimous consent, Mr. Hodges withdrew the bill of the Senate to amend the prohibition laws of Hart county.
On motion of Mr. Warren, the Senate took up the bill of the Senate to incorporate the North Augusta Railroad Company, to define and confer its rights, powers and pnvileges, and for other purposes, the same having been amended in the House.

On motion of Mr. Warren, the first and fourth amendments were concurred in, and the Senate refused to concur in the second and third amendments.
On motion of Mr. Nunnally, the Senate took up the report of the Committee on Corporations on the hill of the House amendatory of the several acts heretofore passed re-

THURSDAY, AUGUST 13; 1891.

223

lating to the city of Conyers, in the county of Rockdale, and to enlarge and define the powers and duties of the Mayor, Marshal and other city officers."
The report was agreed to.
The bill was read the third time, and pa13sed by constitutional majority, there being ayes 27, nays 0.
The hour of adjournment having arrived, the Pre!';ident declared the Senate adjourned until 10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, August 13, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, and was called to order by the President.
Prayer was offered by the Rev. Mr. Todd, SPnator from the 35th District.
On the call of the roll, the following Senators answered to their names:

Beard, Beck, Bennett, Boyd,
Brown,
Cabaniss, Callaway. Canaler, Culpepper, Culver, Eason, Ellington, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith of6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

StrickJanj,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of ~1st Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

Warren,

McRae,

William:>,

Mul!i~,

Witcht'r,

Nunnally,

Ztchry,

O'Neal,

Mr. President.

The Journal was read and approved.
The following message was received from the House, through Mr. Hardin, the Clerk th~reof:

224

JOURNAL OF THE SENATE.

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

A bill to provide a new charter for the town of East Point, in the county of Fulton, and for other purposes.

Also, a bill increasing the compensation of County Commissioners of Roads and Revenues for the county of Liberty, and for other purposes.

Also, a bill to establish a registration law for the county of Liberty, and for other purposes.

Also, a bill to prohibit all persons from hunting on the unenclosed lands of others in the county of Mitchell, without written permission from the owners of such lands, and for other purposes.

Also, a bill to amend the act incorporating the Citizens' Banking and Trust Company of Thomasville, Georgia.

Also, a bill to establish a Board of Commissioners of Roads and Revenues for the county of Lumpkin.

Also, a bill to locate the office of Tax-Collector of Laurens

county, and for other purposes.



Also, a bill incorporating the town of Watkinsville.
Also, a bill to amend an act to incorporate the town of Leary, in the county of Calhoun, to grant certain powers and privileges to the same.
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to incorporate the Cincinnati, Georgia and Florida Railroad Company.

Mr. Cabaniss, Chairman of the Committee on General Judiciary, submitted the following report:

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

T:aURSDAY, AUGUST 13, 1831.

225

lowing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 3409 of the Code of Georgia.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 3940 of the Code of Georgia of 1882, so as to allow jurors in the City Courts of this State the same compen~ation as is allowed jurors in the Superior Courts of such counties where such City Courts are located.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A bill to be entitled an act to amend the law for the protection of oysters in certain particulars.
Respectfully submitted. T. B. CABANiss, Chairman:.

Leave of absence after this day was granted Mr. Ha!1p until Monday next, and to Mr. Culpepper until Tuesday next.
Mr. Candler, Chairman Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the Savannah Lighterage and Transfer Company, of Savannah, Ga.
Respectfully submitted. W. E. CANDLER, Chairman.
Mr. Zachry, Chairman of the Committee on Genera-l Agriculture, submitted the following report:
15

226

JOURNAL OF THE SENATE,

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

A bill to be entitled an act to alter and amend section 616(d) of the Code of 1882.
Respectfully submitted. C. T. ZACHRY, Chairman.

The following bills of the Senate \Vere taken up under adverse reports and lost by agreement with said reports, towit:
A bill amendatory of the jury laws of Georgia; and
A bill to allow judges of the Superior Courts to order such part of the costs refunded which may be paid to .Justices of the Peace in certiorari cases, etc.
The bill of the Senate to prohibit the sale of intoxicating liquors in Pulaski county, and for other purposes, which was reported adversely by the General Judiciary Committee, was, on motion of Mr. Mullis, laid on the table.
The bill of the House to require proprietors of public gins to keep records of their work, etc., was taken up under adverse report of the Committee on Gent>ral Agriculture, and lost by agreement, with said report.

Mr. Lanier, Chairmr.n Committee on Temperance, submitted the following report:

Mr. President:
Your committee have had under consideration the followin:; House hill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to prohibit physicians and prescription clerks in a drug establishment from pursuing their profession or calling, who may become intoxicated

THURSDAY, AUGUST 13, 1891.

"1.27

from the use of intoxicating liquors or opiates, and to provide a penalty therefor.
Respectfully submitted. R. H. LANIER, Chairman.

On motion of Mr. Harlan, the bill of the Senate to authorize the Mayor and Council of Calhoun, Gordon county, Georgia, to establish and maintain a system of public schools, etc., was recommitted to the General Judiciary Committee.

By resolution of Mr. Smith, of the 28th District, the Hon. Frank Leverell was invited to a seat in the Senate during his stay in this city.

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

A bill to establish a registration law for Liberty: county. Referred to the Special Judiciary Committee.

A bill to incorporate the town of Leary, m Calhoun county, etc.
Referred to the Committee on Corporations.

A bill to incorporate the town of Stellaville, in Jefferson county, etc.
Referred to the Committee on Corporations.
A bill to incorporate the Atlanta Southern and Western Railroad Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to incorporate the Atlanta, Americus and Florida Railroad Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to amend the charter of the town of Moultrie, m Colquitt county, and for other purposes.
Referred to the Committee on Corporations.

228

JOURNAL OF THE SENATE.

A bill to amend the charter of the Citizens' Banking and Trust Company of Thomasville, Georgia.
Referred to the Committee on Banks.

A bill to establish a Board of Commissioners of Roads and Revenues for Lumpkin county.
Referred to the Special Judiciary Committee.

A bill to reincorporate the town of Watkinsville. Referred to the Committee on Corporations.

A bill to amend the charter of the town of Adel, in Ber-

rien county, so as to authorize the 1\Iayor and Council to

issue bonds, etc.

-

Referred to the Committee on Corporations.

A bill to punish fraudulent entries and practices in speed contests, and for other purpoAes.
Referred to the General Judiciary Committee.

A bill to incorporate the Northeastern Banking Company of Harmony Grove.
Referred to the Committee on Banks.
A bill to amend the charter of the town of Acree, on the line of Dougherty and Worth counties.
Referred to the Committee on Corporations.
A bill to authorize the Mayor and Council of Albany to strai!!:hten a portion of Jackson street in said city, etc.
Referred to the Committee on Corporations.
A bill to prohibit all persons from hunting on the unenclosed lands of others in the county of Mitchell without the written consent of the owner, etc.
Referred to the Committee on General Agriculture.
A bill to amend an act to prohibit cock-fighting or betting thereon, and prescribing punishment therefor, etc.
Referred to the General Judiciary Committee.

THURSDAY, AUGUST 13, 1891.

229

A bill to locate the office of Tax-Collector of Laurens county.
Referred to the Special Judiciary Committee.
A bill increasing the compensation of County Co:nmissioner~ of Roads and Revenues for the county of Liberty.
Referred to the Special Judiciary Committee.
A bill to provide a new charter for the town of East Point, in li'ulton county.
Referred to the Committee on Corporations.

A bill to amend section 3495 of the Code. Referred to the General Judiciary Committee.

A bill to amend an act approved Decem her 24th, 1888, to require the registration of voters in the county of Dooly, etc.
Referred to the Special Judiciary Committee.

A bill to incorporate the People's Savings Bank and Trust Company.
Referred to the Committee on Banks.

A bill to amend section 3703 of the Code. Referred to the Special Judiciary Committee.

A bill to provide payment of one hundred dollars to Mrs. Elizabeth E. Branch.
Referred to the Committee on Finance.
A bill to amend the charter of the Atlanta and Alabama Railway Company, approved December 27, 1886, and for other purposes.
Referred to the Committee on Railroads.
A bill to provide for the removal of obstructions of all kinds, other than dams used for operating mills, etc., from the rivers, creeks and other streams in Banks county, and for other purposes.
Referred to the Special Judiciary Committee.

230

JoURNAL OF THE SENATE.

A bill to repeal an act providing for the compensation of Commissioners of Roads and Revenues for the county of Dougherty, approved September 28, 1881, and for other purposes.
Referred to the Finance Committee.
A resolution to appropriate the sum of six thousand dollars to supplement the amount heretofore appropriated to the contingent fund for the year 1891.
Referred to the Finance Committee.
A resolution to refund to C. C. Wheeler, of Walker county,
thirty-three and -th dollars, etc.
Referred to the Finance Committee.
A resO'lution ratifying an exchange of small portions of land between Janie P. Thompson and the Board of Capitol Commissioners, made in 1884, etc, and for other purposes.
Referred to the Special Judiciary Committee.

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

Mr. President:
The House has passed the following Senate bill, with certain amendments, in which the concurrence of the Senate is asked, to-wit:
A bill to provide for a Board of Equalization of real and personal property subject to taxation, and for other purposes; and I am instructed to transmit the same forthwith.

Mr. Cabaniss, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back~ with the recommendation that the same do not paes, as amended, to-wit:

THURSDAY, AUGUST 13, 1891.

231

A bill to be entitled a.n act to create and establish liens in favor of certain persons therein described against railroad companies, and to fix the priorities of thP. same.

Also, the following Senate bill, which they instruct me to report back, with the recommenc:lation that the same do not pass, to-wit:
A bill to be entitled an act to amend paragraph four (4) of section 4440 of the Code of Georgia of 1882, and for other purposes.

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

A resolution instructing the Governor to appoint an Assistant Attorney-General of this State.
Respectfully submitted. T. B. CABANiss, Chairman.

On motion of Mr. Lane, the Senate took up and concurred in the amendments of the House to the bill of the Senate to provide for a Board of Equalization of real and personal property suhject to taxation, and for other purposes.

At the hour of 11 o'clock A. H. the Senate took up the special order for this day, to-wit:

The report of the General Judiciary Committee on the bill of the benate for the punishment of pools, trusts and conspiracies, and relating to evidence in such cases, and for other purposes.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 26, nays 0.

Mr. O'Neal, Chairman Committee on Banks, submitted the following report :

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

232

JOURNAL OF THE SENATE.

lowing House bill, which they instruct me to report back, with the recommendation that the same do pass,as amended, to-wit:
A bill to incorporate the Hall County Alliance Warehouse and Banking Company.
Respectfully submitted. MASTON O'NEAL, Chairman.

The following bills of the House were read the second time, and passed to a third reading, to-wit :
A bill to amend section 3940 of the Code of Georgia.
A bill to regulate the hours of labor of train-men on railroads of this State.
A bill to provide for the registration of qualified voters of Quitman county; and
A bill to abolish the County Court of Appling, etc., was recommitted.
The bill of the House to pay the members of the Board of Education of Campbell county the sum of two dollars per day each for each day of actual ser~ce, etc., was read the second time, and recommitted to the Special Judiciary Committee.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to change the time of holding the Superior Courts of the county of Lee.
A bill to alter and amend section 616(d) of the Code of 1882.
A bill to amend an act to authorize and require the registration of all voters in the county of Jasper.
A bill to amend section 3409 of the Code.

A bill to ame'nd section 4535 of the Code; and

THURSDAY, AuGusT 13, 1891.

233

A resolution instructing the Governor to appoint an Assistant Attorney-General of this State.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend !'ection 4625(c) of the Code, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, by constitutional majority, there being ayes 24, nays 1.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the 8avannah Lighterage and Transfer Company of Savannah.
Proof of legal notice was submitted.
The report was agreed to.

The bill was read the third time, and vassed, by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Committee on General Agriculture on the bill of the Senate to amend section 4441 of the Code of 1882.

The committee reported in favor of the passage of the bill by substitute.

On motion, the bill was tabled, and fifty copies thereof were ordered to be printed for the use of the Senate.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend the law for the protection of oysters in certain particulars.

The committee reported in favor of its pas age by substitute, which was adopted, and the report was agreed to.

The bill was read the third time, and passed, as amended by substitute, by constitutional majority, there being ayes 27, nays 0.

234

JOURNAL OF THE SENATE.

The following message was received from the !Iouse of Representatives, thrO\lgh Mr. Hardin, the Clerk thereof:
Mr. President: The House has receded from its amendments two (2)
and three (3) to the following bill of the Senate, to-wit:

A bill to incorporate the North Augusta Railroad Company, to define and confer its rights, powers and privileges, and for other purposes.

By resol,ltions, the following distinguished visitors were invited to seats in the Senate during their stay in this city, viz.:
Mr. J. H. Po~ell, of Malden Branch; Hon. F. L. Langley, of LaGrange; the Hon. A. T. Mcintyre,, of Thomas county, and the Hon. T. D. Wilcox, ex-Senator.

Under a suspension of the Rules, Mr. Lamb introduced a bill to amend the act incorporating the Suwanee Canal Company, approved October 29th, 1889, etc., and for other purposes, which was read the first time and referred to the Committee on Corporations.

Mr. Warren, under further suspension of the Rules, introduced a bill to prohibit the sale of seed cotton in the county of Jefferson from the 15th of August to the 24th of December of each year and to provide a penalty for the violation of the same, which was read the first time, and referred to the Special Judiciary Committee.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend section 4662 of the Code.
The bill was, on motion of Mr. Beck, laid on the table.
The President announced as the committee, on the part of the Senate, umler the joint resolution from the House, to investigate certain rumors der;ogatory to members of the General Assembly, Messrs. Beck and Warren.
The Senate adjourned, on motion, until 10 o'clock A. M. to-morrow.

FRIDAY, AUGUST 14, 1891.

235

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, August 14, 1891, 10 0' clock A. M.

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

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

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

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

Glenn,

Smith of 6th J>ist.,

Golden,

Smith of 28th Dist.,

Har~an,

Strickland,

Harp,

Tatum,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Lamb,

Walker,

Lanier,

Warren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Zachry,

O'Neal,

Mr. President.

The Journal was read and approved.

The following me~;~sage was received from the House, through Mr. Hardin, the Clerk thereof:

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

A bill to repeal an act approved March 2, 1874, reducing the sheriff's bond for the county of Liberty.

Also, a bill to provide for .payment of certain jurors, and for other purposes.
Also, a bill to amend an act entitled an act to create a Board of Commissioners for the county of Morgan, approved February 11, 1874, so as to provide that the Grand Jury at the Spring term, 1892, of Morgan Superior Court, shall

236

JOURNAL OF THE SENATE.

elect two commissioners for the term of one year, and three commissioners for the term of two years, and as their terms expire, their successors shall be elected by the Grand Jury at each Spring term.

Also, a bill to incorporate the Ludale Milling and Transportation Company.

Also, a bill to incorporate the Bank,of Randolph.

Leave of absence was granted Mr. Patton and Mr. Lane for several days on special business, and to Mr. Hill on account of sickness.

Leave of absence was granted Mr. Bennett, after this day, until 11 o'clock Monday next, on account of the illness of his father.

By resolution of Mr. Gill, the courtesies of the Senate were extended to General Henry Morgan and Col. Jesse W. Walters, of the city of Albany, during their stay in this city.

By resolution of Mr. Golden, a like courtesy was extended to the Hon. Joseph Blance, of Cedartown, Georgia.
Unanimous consP.nt was given Mr. Culver to move areconsideration of the bill of the House, lost yesterday under adverse report to require proprietors and operators ofpublic gins to keep record of their work, etc.
The bill was then reconsidered, and, on motion of Mr. Culver, recommitted to the Committee on General Agriculture.
Mr. Candler, Chairman Committee on Corporations, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with recommendation that the same do pass, as amended, to-wit:
A bill to authorize the town of Jonesboro to establish and maintain a system of public schools.

FRIDAY, AUGUST 14, 1891.

237

Also, a bill to incorporate the town of Cusseta, and for other purposes.

Also, the following Senate bill, with the recommendation that the same do pass, to-wit:
A bill to incorporate the town of Nelson, and for other purposes.

Also, the following House bills, with the recommendation that the same do pass, to-wit:

A bill to amend an act to establish a new charter for the city of .Atlanta.
Also, a bill to incorporate the town of Dexter.

Also, a bill to incorporate the town of Hazlehurst.

Also, a bill to incorporate the town of Hampton.

Also, a bill to amend the charter of the city of Athens in relation to sewers.
Also, the following house bill, which they instruct me to report back, with the recommendation that the same be referred to Special Judiciary Committee, to-wit:

A bill to provide for the advancement and trial of cases in Fulton Superior Court, to which ~he city of Atlanta is a party, or materially interested, and for other purposes.

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

A bill to incorporate the town of Rhine, in the county of Dodge.
\V. E. CANDLER, Chairman.

Mr. Terrell, Chairman Committee on Finance, submitted the following report :

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

238

JoURNAL OF THE SENATE.

lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to relieve Jesse D. Strange on forfeited recognizance.
Also, the following House resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A resolution for the relief of A. P. Chappell and the firm of Harris and Freeman, of Gordon County, Georgia.
Also, a resolution to pay Ben J. Davis the sum of one hundred and sixty-six dollars for three hundred and thirtytwo copies of the Public Acts of 1890;
Also, a resolution to appropriate the sum of six thousand dollars to supplement the amount heretofore appropriated to the contingent fund for the _year 1891.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to repeal an act providing for the compensation of the Commissioners of Roads and. Revenues for the county of Dougherty, and the manner of paying the same, approved September 28th, 1881, and substituting in lieu thereof a provision for the payment of a fixed annual salary to said Commissioners.
Respectfully submitted. J. M. 1'ERRELL, Chairman.

On motion of Mr. Cabaniss, the bill of the Senate to amend paragraph 4, of section 4440 of the Code, etc., was recommitted to the General Judiciary Committee.

Mr. Lanier, Chairman Committee on Temperance, submitted the foilowing report:
Mr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

FRIDAY, AUGUST 14, 1891.

239

A bill to be entitled a.n act to establish a. dispensary in the city of Athens, and for other purposes.

Also, a bill to be entitled an act to repeal section four of the local option law of Clarke county.

Respectfully submitted.

LANIER, Chairman.

The following bills of the House were read the first time and referred as indicated, to-wit :
A bill to incorporate the bank of Randolph. Referred to the Committee on Banks.
. . A bill to repeal an act, approved MarJh 2, 1874, reducing
the Sheriff's bond for the county of Libertv. Referred to t.he Special Judiciary Committee.

A bill to incorporate the Ludale Milling and Transporta tion Company.
Referred to the Committee on Corporations.

A bill to provide for payment of certain jurors, and for other purposes.
Referred to the General Judiciary Committee.

A bill to amend an act to create a Board of Commissioners for the county of Morgan, approved February 11th, 1874, etc., and for other purposes.
Referred to the Special Judiciary Committee.

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

A bill to authorize the town of Jonesboro, in Clayton county, to establish and maintain a. system of public schools for said town ; and

A bill to incorporate the town of Nelson, in the counties of Cherokee and Pickens, and for other purposes.

240

JOURNAL OF THE SENATE.

The following bills and resolutions of the House were read the second time, and passed to a third reading, to-wit:
A bill to repeal section 4 of the local option law of Clarke county.
A bill to incorporate the town of Hazlehurst, in the counties of Appling and Coffee.

A bill to incorporate the Hall County Alliance Warehouse and Banking Company.
A bill to repeal an act providing for compenf'lation of the Commissioners of Roads and Revenues of the county of Dougherty, and for other purposes.

A bill to establish a dispensary in the city of Athens, and for other purposes.
A .,.esolution to pay Ben. J. Davis the sum of $166 for 332 copies of the Public Acts of 1890.

A resolution to appropriate the sum of $6,000 to supplement the amount heretofore appropriated to the Contingent Fund for the year 1891; and
A resolution for the relief of A. P. Chappell and the firm of Harris & Freeman, of Gordon county, Georgia.
Mr Callaway, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. P,esident:
Your committee have had under consideration the following House hills, 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 provide for the removal of obstructions of all kinds, other than darns used for operating mills or machinery of any kind, from the rivers, creeks, and other running streams in Banks county, and for other purposes.

Also, a bill to be entitled .an act to amend an act ap

FRIDAY, AUGUST 14, 1891.

241

proved December 24th, 1888, to require and provide for the registration of all voters in the county of Dooly, and for other purposes.

Also, a bill to be entitled an act increasing the compensation of County Commissioners of Roads and Revenues for the county of Liberty, and for other purposes.

Also, a bill to establish a Board of Commissioners of Roads and Revenues of Lumpkin county.

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

A bill to be entitled an act to provide for the registration of voters in Chattooga cO'Ilnty, Georgia, and for other purposes.

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

A bill to be entitled an act to establish a registration law for the county of Liberty, and for other purposes.

Also, the following House resolution, which they instruct me to report back, with recommendation that the same do pass, to-wit:
A resolution ratifying an exchange of small portions of land between Janie P. Thompson and the Board of Capitol Commissioners, made in 1884, etc., and authorizing the Governor to make necessary title to the property given m exchange for property received for State purposes, etc.

Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to prohibit the sale of seed cotton in the county of Jefferson, from the 15th of August
16

242

:JouRNAL OF THE SENATE.

to the 24th of December of each year, and to provide a penalty for the violation of the same.
Respectfully submitted. E. H. CALLAWAY,
Chairman Special Judiciary Committee.

The Senate took up the report of the General Judiciary Committee on the resolution of the Senate, instructing the Governor to appoint an Assistant Attorney-General for the State of Georgia.

The committee reported in favor of agreeing to the resolution by substitute.

The substitute was adopted and the report was agreed to.

The resolution was read the third time, and passed, as amended by substitute, by constitutional majority, there being ayes 29, nays 0.

On motion of l\Ir. Nunnally, this resolution was ordered to be immediately transmitted to the House.

The Senate took up the report of the GeneraL Judiciary Committee on the bill of the Senate to amend section 3409 of the Code of Georgia.

The report was agreed to.

The bill was read the third time, and passed by constitutional majority, there being ayes 26, nays 0.

The Senate took up the report of the Committee on Special Agriculture on the bill of the Senate to amend an act to authorize and require a registration of all voters in the county of Jasper, in this State, and for other purpo"es.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 26, nays 0.

The Senate took up the report of the Special Judiciary

FRIDAY, AUGVST 14, 1891.

243

Committee on the bill of the Senate to change the time of holding the Superior Courts of Lee county, in the Southwestern Circ11it, and for other purposes.

The report was agreed to.

The hill was read the third time, and passed by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Committee on Temperance on the bill of the Senate to amend section 4535 of the Code, and for other purposes.

The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to incorporate the town of Lyerly, in Chattooga county.

Proof of legal notice was submitted

The report was agreed to.

The hill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Committee on General Agriculture on the bill of the Senate to alter and amend section 616(d) of the Code.

The report was agreed to.

The bill was read the third time, and passed by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to establish a new charter for the city of Atlanta, approved February 28, 1874, and the acts amendatory thereof, so as to cover into the treasury of the city fees paid to the Marshal and Clerk, and authorize the payment of salaries, only to said Clerk and Marshal.

244

JoUR:\'AL OF THE SENATE.

Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, by oonstitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Hampton.
Proof of l~gal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed hy constitutional majority, there being ayes 31, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to regulate the hours of labor of train-men on railroads in this State.
The committee reported in fa\or of its passage, with an amendment, which was adopted, and the report was agreed to .
.The bill was read the third time, and passed, as amended, by constitutional majority, there bPing ayes 27, nays 3.

The Senate took up the report of the Finance Committee on the bill of the House to relieve Jesse D. Strange on a forfeited recognizance.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 32, nays 0.

The Senate took up the report uf the General Judiciary Committee on the bill of the House to amend section 3940 of the Code, so as to allow jurors in City Courts the same compensation aR is allowed in Superior Courts in counties in which said City Courts are located.
The report was agreed to.

FRIDAY, AUGl:ST 14, 1891.

245

The bill was read the third time, and passed by constitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Rhine, in the county of Dodge, and for other purposes.
Proof of legal not.ice was ~;ubmitted.

The committee reported in favor of its passage, with

amendments, which were adopted, and the report was

agreed to.

'

The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 31, nays 0.

Mr. Candler, Chairman of the Committee on Corporations,
submitted the following report: Mr. President:
Your committee have had under consideration the following House bill, which they recommend do pass, as amended, to-wit:
A bill to amend an act establishing a new charter for the city of Atlanta.
Respectfully submitted. \V. E. CAlliDLER, Chairman.

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

Mr. President:
The House has concurred in the Senate substitute for the following bill of the House, to-wit:
A bill to amend the law for the protection of oysters in certain particulars.
The House has also concurred in amendments Nos. 1, 3, and 4, and amended No. 2, to the following House bill, to-wit:
A bill to incorporate the South-Atlantic Railroad Com-

246

JOURXAL OF THE SENATE.

pany, and to define its rights, powers and privileges, and for other purposes.

The House has appointed, as the Committee on the part of the Hou~e, to investigate the charges of selling votes, under the resolution of the House, l\Iessrs. Oattis, Trammell and Barrett.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report :

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

A bill to amend the act incorporating the Citizens' Baiiking and Trust Company of Thomasville, Ga.

Also, a bill to incorporate the Rome Savings and Trust Company.

Also, a bill to incorporate the Nortbwestern Banking Company, of Harmony Grove.

Also, a bill to incorporate the People':: Savings Bank and Trust Company.

Also, the following House bill, with the recommendation that the same do pass, as amended, to-wit:

A bill to authorize any chartered bank to make deposits with the State Treasurer, and for other purposes.
Respectfully submitted. ::\lASTOX O'NEAL, Ch lirman.

The bill of the Senate to provide for advanced trial of cases in Fulton Superior Court in which the city of Atlanta is a party or interested, etc., was, on motion, recommitted to the Special Judiciary Committee.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of Athens, in relation to sewers.

FRIDAY, AVGrs-r' 14, 1891.

247

Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, by constitutional majority, there being ayes 28, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to extend to the Indian Springs and Flovilla Railroad Company the right to lay their tracks on the Indian Springs Rail Resene.
The committee reported in favor of its pa~sage, by substitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by substitute, by constitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to provide for registration of the qualified Yoters of Quitman county, and for other purposes.
Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time and passed, by constitutional majority, ayes 28, nays 0.
The Senate took up the report of the Special Judiciary Committee on'the bill of the House to provide for the registration of voters in Chattooga county, Georgia, and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 28, nays 0.
The Senate took up the report of the Committee on Cor-

248

JOURNAL oF THE SENATE.

porations on the bill of the House to incorporate the town of Dexter, in Laurens county, and provide for the govern ment of the same.
Proof of legal notice was submitted.
The report was agreed to.

The bill was read the third time, and passed by constitu tional majority, there being ayes 29, nays 0.

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

Mr. Preflident:
Your committee report as duly enrolled and ready for the signatures of the President and Recretary of the Senate, the following act, to-wit:
An act to provide for a Board of Equalization of real and personal property subject to taxation, and for other purposes.
Respectfully submitted. R. l\1. W. GLENN, Chairman.

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

Mr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, anrl ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Commercial Bank of Macon.

Also, an act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer upon the Mayor and Council thereof certain powers, privileges and duties, to repeal all existing charters or acts confQrring corporate powers, and for other purposes.

Also, an act to authorize and empower the Board of Trus-

FRIDAY, AUGUST 14, 1891.

249

tees of the Washington, Georgia, Female Seminary to turn over to the Board of Education of said town the seminary building and grounds, to be used by said Board of Education for public school purposes, and upon such terms as may be agreed upon between said Board of Trustees and said Board of Education.

Also, an act to amend an act to incorporate the Cincinnati, Georgia and Florida Railroad Company, and for other purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.

Under a suspension of the Rules, Mr. Vincent introduced a bill to amend an act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of any church or public or private school-house in the State of Georgia; Provided, That its provisions shall not apply to any incorporated town or city in this State, and to prescribe a penalty for a violation of such act, approved August 11th, 1891, by providing that said act shall not apply to the sale of such liquors in original packages of not less than ten gallons by the manufacturers thereof, and for other purposes, which bill was read the first time and referred to the Committee on Temperance.

Mr. Warren submitted to the Senate an invitation from the Savannah River Association to send a delegation from the Senate to the meeting of said Association on Thursday and Friday, November 19th and 20th.
On motion of Mr. \Varren, the communication was read and referred to the Committee on the State of the Republic.
By resolutions, the following distinguished visitors were invited to seats in the Senate, viz.: The Hon. Ben. "rilliams, ex-Senator; the Hon. T. G. Crawford, ex-Senator, and Judge \V. B. McDaniel, of the county of Decatur.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. Monday next.

:l50

JOURXAL OF THE SEXATE.

SE:SATE CHAliBER, ATLANTA, GEORGIA,
Monday, August 17, 1891, 10 O'clock A. l\f.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Rev. John Jones, D. D., Chaplain of the Senate.
On the call of the roll, the following Senators ans1vered to their names:

Beard, Beck, Bennett, Boyd, Cabaniss, Callaway, Candler, Culver, Eason, Ellington, Gill, Golden,

Harp,

Strickland.

Hodge~,

Tatum,

Irvine,

Terrell,

Johnston of ~1st Dist., Tod<l,

Lamb,

Yincent,

Lanier,

'Valker,

McRae,

"rarren,

Mullis,

William~.

Xunually,

"'itcher,

O'Xeal,

)lr. President.

Smith of 6th Dist.,

Smith of :?8th Dist..

The Journal was read and approved.

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

Mr. President:
The House has passed the following bills of the Senate with certain amendments to each, to-wit :
A bill to incorporate the Alcovy and Northern Railroad Company, and for other purposee.
Also, a bill to incorporate the Bank of Social Circle, and for other purposes.
Also, a bill to incorporate the Bank of Jug Ta\ern.

The House has also passed the following House bills, towit.

MONDAY, AUGUST 17, 1891.

251

.A bill to be entitled an act incorporating the town of Arabi, county of Dooly, Georgia.
.Also, a bill for the relief of E. H. Shackleford and Z. J. Odom, securitie~ on the appearance bond of Stonewall Jackson, from liability on said bond, Pte.
Also, a bill to incorporate the \Varren County Fair Association, and for other purposes.

Also, a bill to amend the c"harter of the Washington and Elberton Railroad, approved DPcember 27th, 1886.

Also, a bill to amend an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Effingham.
Also, a bill to repeal an act to confirm an ordinance of the City Council of Augusta entitled an ordinance to create a sinking fund, pas~:>ed March lOth, 1877, and for other purposes .
.Also, a bill to authorize the City Council of Augusta to appoint the Orderly Sergeant and Clerk of the Recorder's Court, and for other purposes.
Also, a bill to establish a system of public schools in the town of \Vashington, Georgia, and for other purposes.
Also, a bill to incorporate the Marietta Trust and Banking Company, to define its powers and privileges, and for other purposes.
Also, a bill to incorporate the \Vashington Loan and ' Banking Company.
Mr. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
. Mr. President: Your committee report as duly enrolled and ready for the
signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to prescribe and make more certain the fees of

252

JOURNAL OF THE SENATE.

Clerks and Sheriffs of the Superior Courts of this State, in the matter of divorce suits brought before said courts.
Respectfully submitted.
w. T. IRVINE,
Chairman pro tem. Comillittee on Enrollment.
Leave of absence was granted Mr. Candler and Mr. Hill for this day, to 1\Ir. Terrell until Thursday next, and to }lr. Glenn for a few days.
By resolution of 1\Ir. Boyd, the Hon. A. G. McArthur was tendered a seat in thf: Senate during his stay in this city.
The bill of the Senate to prohibit the r;ale of seed cotton in the county of .Jefferson from the 15th of August to the 24th of December of each year, and provide a penalty, was read the second time and passed to a third reading.
The following message was received from the Governor through 1\Ir. W. H. Harrison, Secretary of the Executive Department:

.Mr. President:
The Governor has approYed the following acts of the General Assembly, to-wit:
An act to provide for a Board of Equalization of real and personal property subject to taxation, and for other pur-
pose~.
Also, an act to establish a system of public schools in the town of Boston, Georgia, and for other purposes.
Also, an act to authorize the Judges of the Superior Courts of this State to fix and prescribe the grade of turnpike roads in this State, and for other purposes.
l\Ir. Cabaniss, Chairman of the Committee on General -Iudiciary, submitted the following report:
_}fr. President : Your committee have had under consideration the fol-

MoNDAY, A uausT 17, 18m.

lowing House bills, which they instruct me to report back~ with the recommendation that the same do pass, to-wit:

A bill to amend section 3495 of the Code of 1882.

Also, a bill to punish fraudulent entries and practices in speed contests, and for other purposes.

Al~o, a bill to provide for an additional penalty for theviolation of laws by the vendors of intoxicating liquors.

Also, a bill to amend sub-section one (1) of section 167& of the Code of 1882.

Also, a bill to ratify and confirm all charters of corporations granted by the Superior Courts of this. State since the passage of the act approved November 13, 1889.

Also, a bill to repeal an act, approved Novemher 13, 1889~ relating to the requirements of Clerks of the Superior Courts. of this State.

Also, a bill to amend an act to prohibit cock-fighting or betting thereon, and for other purposes.

Also (as amended), a bill to provide for the payment of certain jurors, and for other purposes.

Also, the following House bill, with the recommendation that the same do not pass, to-wit:

A bill to require the court costs in divorce suits in theSuperior Cou'rts of Georgia paid at the time of filing such cases in the Clerk's office.

Also, the following Senate bill, with the recommendation that the same do pass, to-wit:

A bill to amend section 4440 of the Code of Georgia.

Also, the following Senate bill, with the recommendation that the same do not pass, to-wit:

A bill to authorize the l\Iayor and Council of Calhoun,

Gordon county, Georgia, to establish and maintain a system

of public schools.

Respectfully submitted.

T. B. CABANiss,Chairman.

254

JouRNAL oF THE SENATE.

The following resolution was taken up, on motion of Mr. Ellington, read and agreed to, to-wit :
Resolred by the Senate, the Hmtse concurring, That a joint committee of three from the Senate and five from the House be appointed to examine into the business of the General Assembly with the view of bringing about an early adjournment.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to provide for the removal of obstructions (except dams used for operating mills or machinery) from the rivers, creeks and other streams in Banks county.
A bill to establish a Board of Commissioners of Roads and Revenues of Lumpkin county.
A bill to incorporate the Rome Savings and Trust Company.
A bill to amend section 3495 of the Code of 1882.

A bill to provide for the payment of certain jurors, and for other purposes.

A bill to amend paragraph or sub-section one of section 1676 of the Code.

A bill to punish fraudulent entries and practices in speed eon tests.

A bill to provide for an additional penalty for the violation of laws by the venders of intoxicating liquors.

A bill to ratify and confirm all charters of corporations granted by the Superior Courts of this State since the passage of the act approved November 13, 1889, and for other purposes.

A bill to repeal an act approved November 13, 1889, requiring the Clerks of Superior Courts to keep records of charters granted by Superior Courts, and for other purposes.

MoNDAY, AuGusT 17, 1891.

255

A bill to amend an act to prohibit cock-fighting or betting thereon, and for other purposes.
A bill to incorporate the Northeastern Banking Company of Harmony Grove, Georgia, and for other purposes.
A bill to establish a registration law for the county of Liberty.
A bill to amend the act incorporating the Citizens' Banking and Trust Company.
A bill to amend an act approved Decemher 24, 1888, to require and provide for the registration of all voters in the county of Dooly.
A bill increasing the compensation of County Commissioners of Roads and Revenues for the county of Liberty.
A bill to incorporate the People's Savings Bank and Trust Company.

A bill to amend an act establishing a new charter for the city of Atlanta, approved February 2ti, 1874, and the several acts amendatory thereof, and for other purposes.

A bill to authorize any bank chartered in Georgia, which is now, or may be appointed a depository, in lieu of executing a bond, to dep.osit with the Treasurer of this State the sum of $50,000 in the bonds of Georgia, and to prescribe what banks may be State depositories; and

A resolution ratifying an exchange of small portions of land between Janie P. Thompson and the Board of Capitol Commissioners, made in 1884, etc., and authorizing the Governor to make necessary title to the property given in exchange for property received for State purposes, etc.

The following bills of the House were read the first time, and referred as indicated, to-wit:
A bill incorporating the town of Arabi, Georgia.
Referred to the Committee on Corporations.

256

JOURNAL OF THE SENATE.

A bill to incorporate the Washington Loan and Banking Company.
Referred to the Committee on Banks.

A bill to incorporate the Marietta Trust and Banking Company.
Referred to the Committee on Banks.

A bill to repeal an act to confirm an ordinance for the City Council of Augusta, entitled an ordinance to create a sinking fund, passed March 10, 18i7, and for other purposes.
Referred to the Committee on Corporations.

A bill to amend the charter of the Washington and Elberton Railroad Company.
Referred to the Committee on Railroads.

A bill to amend an act entitled an act to prescribe the method of granting license to sell spirituous liquors in Effingham county.
Referred to the Special Judiciary Committee.

A bill to incorporate the 'Varren County Fair Association, etc.
Referred to the Special Judiciary Committee.

A bill to authorize the City Council of Augusta to appoint the Orderly Sergeant and Clerk of the Recorder's Court, and for other purposes.
Referred to the General Judiciary Committee.
A bill for the relief of E. H. Shackelford and Z. J. Odom, securities on the appearance bond of Stonewall Jackson.
Referred to the Committee on Finance.

A bill to establish a system of public schools in the town of Washington, Ga., and for other purposes.
Referred to the Committee on Public Schools.

'

MoNDAY, AuausT 17, 1891.

257

The bill of the Senate to amend paragraph 4 of section

4440 of the Code, etc., was read the second time and passed

to a third reading.



The Senate took up the report of the Finance Committee on the resolution of the House to appropriate the sum of six thousand dollars to supplement the amount heretofore appropriated to the contingent fund for the year 1891.

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Bennett, Boyd, Brown, Cabaniss, Callaway, Culver, Eason, Ellington, Gill,

Golden,

Rmith of 6th Dist.

Hodges,

Smith of 28th Dist.,

Inine,

Strickland,

Johnson of 21st Dist., Tatum,

Lamb,

Todd,

Lanier,

Vincent,

McRae,

'Varren,

){ullis,

Williams,

O'Neal,

Witcher.

There are ayes 28; there are nays 0.

So the resolution was concurred in by constitutional majority.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Nelson, in the counties of Cherokee and Pickens, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, by constitutional majority, there being ayes 27, nays 0.

The Senate took up the report of the Committee on Cor porations on the bill of the Senate to authorize the town of
17

258

JOURNAL OF THE SENATE.

Jonesboro, in Clayton county, Georgia, to establish and maintain a system of public schools for said town.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 29, nays 0.
Mr. Johnson, Chairman Committee on Railroads, submitted the following report :
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to amend section 719(i) of the Code of Georgia. Respectfully submitted.
RicHARD JoHNSON, Chairman.

The Senate took up the report of the Committee on Finance on the resolution of the House to pay Ben. J. Davis the sum of one hundred and sixty-six dollars for three l}undred and thirty-two copies of the Public Acts of 1890.

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Bennett, Boyd, Brown, Cabaniss, Callaway, Culver,

Golden,

Smith of 6th Dist.,

Hodges,

Smith of 28th Dist.,

Irvine,

Strickland,

Johnson of 21st Dist., Tatum,

Lamb,

Todd,

Lanier,

Vincent,

McRae,

'Varren,

MoNDAY, AuGusT 17, 1891.

259

Eason, Ellington, Gill,

Mullis, Nunnally, O'Neal,

Williams, Witcher, Zachry.

There are ayes 30; there are nays 0.

So the resolution was concurred in by constitutional majority.

Mr. Irvine, Chairman pro tern. of the Committee on Enrollment, submitted the following report:

Mr. President :
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit :
An act to amend an act I){ the General Assembly of Georgia, approved November 8th, 1889, entitled an act to incorporate the Carrollton Street Railway Company, of Carrollton, Georgia, and to define its rights, powers and duties, and for other purposes, by striking "Out a part of the fourth section thereof, and inserting in lieu thereof a provision authorizing said company to extend its road to any point in the counties of Heard or Haralson, in this State, and a provision more clearly prescribing its rights as to right-ofway, and connections with other railroads, and proceedings to condemn property to its use.

Also, an act amendatory of the several acts heretofore passed, relating to the city of Conyers, in the county of Rockdale, and to enlarge and define the powers and duties of the Mayor, Marshal and other city officers.

Also, an act to amend an act entitled an act to charter the Talbotton and 'Vestern Railroad, so as to extend westward to the Alabama line, and eastward to the city of Macon, and for other purposes.

Also, an act to amend the charter of the Savannah Lighterage and Transfer Company, of Savannah.
Also, an act to incorporate the Jefferson Banking Company, and for other purposes.
Respectfully submitted.
,V. T. IRVINE, Chairman pro tem.

260

JOURNAL OF THE SENATE.

The Senate took up the report of the Finance Committee on the resolution from the House for the relief of A. P. Chappell and the firm of Harris & Freeman, of Gordon county, Georgia.

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the ayes and nays were recorded.

Those who voted in the affirmatiYe are l\Iessrs.-

Beard, Bennett, Boyd, Brown, Cabaniss, Callaway, Culver, Eason, Ellington, Golden,

Hodges, Irvine,
Johnson of 21st Dist.,
Lamb, Lanier,
~IcRae,
:Mullis, Xunnally, O'Xeal,
Smith of 6th Dist.,

Smith of 28th Dist., Strickland, Tatum, Todd, Vincent; "'arren, Williams, Witcher, Zachry.

The gentleman voting in the negative was Mr.-
Gill.

There are ayes 30; there are nays 1.

So the resolution was concurred in by constitutional majority.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Hall County Alliance Warehouse and Banking Company.

The committee reported in favor of its pas~age, with an amendment, which was adopted.

The report was agreed to.

The bill was read the third time and passed, as amended, by constitutional majority, there being ayrs 28, nays 0.

The Senate took up the report of the Committee on Temperance on the bill of the House to repeal section four of the local option law of Clarke county.

MoNDAY, AuGVST 17, 1891.

261

Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Hazlehurst, in the counties of Appling and Coffee, _and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Finance Committee on the bill of the House to repeal an act providing for the compensation of the Commissioners of Roads and Revenue for the county of Dougherty, and Sltbstituting a fixed annual salary, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 28, nays 0.

The bill of the House to establish a dispensary in the city of Athens, and for other purposes, was taken up for a third reading, and on motion of Mr. Johnson, of the 21st District, was made the special order for August 25th (instant), at 11 o'clock A. l'ri., and fifty copies thereof were ordered to be printed for the use of the Senate.

The bill of the House to prohibit physicians and prescription clerks from practicing their profession, or calling~ when intoxicated by the use of intoxicating liquors or opium, was made the special order for Wednesday, the 19th instant.

262

JOUR~AL OF THE SEXATE.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

SEXATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 18, 1891, 10 O'clock A.M.

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

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

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

Beard, Beck, Bennett, Boyd, Brown, Cabaniss Callaw.ay, Culpepper, Culver, Eason, Ellington, Gill, Glenn,

Golden,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Lamb,

Walker,

Lane,

'Varren,

Lanier,

Williams,

)'IcRae,

Witcher,

Mullis,

Zachry,

Nunnally,

l\Ir. President..

O'Neal.

The Journal was read and approved.

Mr. Glenn, Chairman~of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following Acts, to-wit:
An act, to appropriate the sum of five hundred dollars for the purpose ofproviding county maps for the Secretary of State.
Also, an act to create a new charter for the town of Doug-

TUESDAY, AUGUST 18, 1891.
lasville, so as to extend the corporate limits thereof, and to provide for an election on certain conditions therein referred to, and to grant to the :Mayor and Council authority to appoint Trustees to manage the schools in said town, and to rai<Je a.fund for schools therein, and to confer certain other rights, powers and privileges on the :Mayor and Council of said town, and for other purpose therein set forth.
Also, an act to incorporate the Excelsior Bank of Savannah.
Also, an act to amend an act creating City Court of 1\Iacon, approved August 1, 1885.
Also, an act to authorize and empower the Board of Trustees, of 'Vashington Male Academy to turn over to the Board of Education of E<aid town the academy building and grounds, to be used by said Board of Education for public school purposes, upon such terms as may be agreed upon by said Board of Trustees and said Board of Education.
Also, an act to authorize the Ordinary of Gilmer county to submit the question of issuing bonds to build .a new court-house and new jail, to the qualified voters of said county.
Also, the following resolutions, to-wit:
A resolution to pay pension to :Mrs. L. A. Eason, widow of James Eason.
Also, a resolution granting William Jennings his full per diem for forty days of session of 1890.
Respectfully submitted. R. l\L W. GLENN, Chairman.
M:r. Cabaniss, Chairman of Committee on General Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

264

JOURNAL OF THE SENATE.

A bill to amend an act to provide for a Board of County Commissioners of Roads and Revenues for the county of Bartow.
Respectfally submitted. T. B. CABANiss, Chairman.

Mr. Zachry, Chairman of the Committee on General Agricllture, submitted the following report:

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

A bill to require proprietors and keepers of public gins to keep records of their work, to provide penalties for violations of the same, and for other purposes.

Respectfully submitted.

C. T. ZACHRY, Chairman.

By resolution of Mr. O'Neal, the Hon. H. C. Sheffield, of the city of Arlington, during his stay in this city, be tendered a seat on the floor.
By resolution of Mr. Lane, the courtesies of the Senate were extended to Dr. D. E. Gay, of Sidney, Ga., and Mr. H. L. Smith, of Merritt, Ga., during their stay in this city.
Leave of absence was granted Mr. Harlan, on account of sickness and to Mr. Strickland for this day, on important business.
The Senate took up the amendment of the House to the amendment of the Senate to the bill of the House to incorporate the South Atlantic Railroad Company, and for other purposes.
On motion of Mr. Johnson, of the 21st District, the Senate refused to concur in the amendment of the House to said bill.
The Senate took up and concurred in the amendments of the House to the following bills of the Senate, to-wit:

TuEsDAY, Aum;sT 18, 1891.

265

A bill to incorporate the Alcovy and Northern Railroad Company, and for other purposes.
A bill to incorporate the Bank of Jug Tavern; and

A bill to incorporate the Bank of Social Circle.
By unanimous consent, on motion of :Mr. Ellington, the action of the Senate, making the bill of the House to prohibit physicians and prescription clerks from practicing their profession or calling when intoxicated by liquor or opium, which was made the special order for Wednesday, the 19th instant, was reconsidered and made the special order for Thursday, August 27th, at 11 o'clock A.M.
Mr. Callaway, Chairman of the Special Judiciary Committee, submitted the following report:

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

A bill to be entitled an act to abolish the County court established in and for the county of Appling by recommendation of the Grand Jury of said county, at the October term of the Superior Court of said county, in the year 1883, and for other purposes.
Also, a bill to be entitled an act to repeal an act approved :March 2, 1874, reducing the Sheriff's bond for the county of Liberty.

Also, a bill to be entitled an act to amend an act entitled an act to create a Board of Commissioners for the county of Morgan, approved February 11, 1874, so as to provide that the Grand Jury, at the Spring term (1892) of Morgan Superior Court, shall elect two Commissioners for the term of one year and three Commissioners for the term of two years, and as their terms expire their successors shall be elected by the Grand Jury at the Spring term of said court, each for a terrn of two years, and for other purposes.
Also, the following Senate bill, which they instruct me

266

JoURNAL OF THE SENATE.

to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to provide for the advancement and trial of cases in Fulton Superior Court, to which the city of Atlanta is a party, or materially interested, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

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

Mr. President:
The House has passed the following House bills by the requisite constitutional majority, to-wit:
A bill t0 amend an act to declare Councilmen and Aldermen of towns and cities ineligible during their term of office to any other municipal office in said towns and citie-,, approved November 12, 1~89.
Also, a bill to repeal an act consolidating the offices of Clerk of the Superior Court and County Treasurer of Pickens county, and fixing the fees of County Treasurer.
Also, a bill to prohibit the driving of domestic animals belonging to another out of their UF'ual range without his consent, and to provide a punishment therefor.
Also, a bill to authorize the city of Augw~ta to pro\ide by ordinance for a registration of voters in each ward of the city; for a Registry Clerk in each ward; to limit the time for registering and closing said registry; to regulate the same, and fvr other purposes.
Also, a bill to incorporate the Seaboard and Augusta Railroad Company, to define its rights, powers and privileges, and for other purposes.
Also, a bill to provide for the appointment of Detectives, and to prescribe their duties and privileges, and for other purposes.
Also, a bill to change the apportionment of Representa-

TuEsDAY, AuGusT 18, 1891.

267

tives in the General Assembly, and to fix the same in accordance with the United States census of 1890, as provided in article 3, section 3, paragraph 1 of the Conl'!titution of the State of Georgia.
Also, a bill to provide that all garden, field or grass seed sold in this State shall have branded or printed on th3 sacks or packages in which sold the year in which said seed were grown.
Also, a bill to incorporate the Thomason Banking Company of Madison, Georgia.
Also, a bill to establish a Board of Commissioners ofRoa:ls and Revenues for White county.
The House has adopted the following resolutions, in which it asks the concurrence of the Senate, to-wit:
A resolution providing for the indexing of the Journals of the House and Senate for the session of 1891, and appropriating money therefor.
Also, a resolution to pay pension to the widow of Richard W. Bell.

Also, House bill as follows, to-wit:

A bill to incorporate the Georgia, Virginia and Baltimore Railroad Company.

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

A bill to amend an act to incorporaie the Atlanta and Edgewood Street Railroad Company, approved December 24, 1886, so as to authorize an increase of capital stock, and to authorize the purchase or lease of other street-railroad property.

Also, a bill to prohibit the manufacture or sale of spirituous liquors within four miles of Level Creek Church, in Gwinnett county, Georgia.
Also, a bill to amend an act requiring the registration of voters in Appling county by Tax-Receivers, etc.

268

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Bank of Cochran, and for other purposes.
Also, a bill to provide a system of registration for the county of Echols, and for other purposes.

Also, a bill to amend an act to incorporate the Louisville Branch Railroad Company, approved August 24th, 1872, so as to authorize an increase of the capital stock of said company.

Also, a bill to amend an act entitled an act to incorporate the Louisville Branch Railroad Company, so as to authorize said company to borrow money necessary for the construction and equipment of said road, and for other purposes.

The House has also passed the following Senate bill, with an amendment, in which it asks the concurrence of the Senate, to-wit:

A bill to incorporate the Jackson Savings and Banking Company, with powers to do a banking business, act as agent, assignee, receiver and trustee, and for other purposes.

The bill of the Senate to authorize the Mayor and Coun-

cil of Calhoun, Georgia, to establish a public school system,

etc., which was adversely reported by the General Judiciary

Committee, was, on motion of Mr. Cabaniss, laid on the

table for the present.



The bill of the Senate to create and establish liens in favor of certain persons therein described, against railroad companies, and to fix the priorities of the same, which was adversely reported by the General Judiciary Committee, was taken up.

Mr. Beck moved to disagree to said report, and, on his motion, the bill was made the special order for Tuesday, August 25, 1891.

The bill of the House to require prepayment of costs in divorce suits, etc., which was adversely reported by the General Judiciary Committee, was lost by agreement with said report.

TuESDAY, AuGusT 18, 1891.

269

Mr. Glenn, Chairman pro tern, of the Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report, as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to incorporate the North Augusta Railroad Company, to define and confer its rights, powers and privileges, and for other purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.

The following bills and resolutions of the House we"re read the first time, and referred as indicated, to-wit:

A bill to provide for the appointment of detectives and prescribe their duties, etc.
Referred to the General Judiciary Committee.

A resolution pro" iding for indexing the Journals of the House and Senate for the session of 1891, and appropriating money therefor.
Referred to the Finance Committee.

A bill to prohibit the driving of domestic animals out of their usual range, belonging to another, without his consent, etc.
Referred to the Committee on General Agriculture.
A bill to repeal an act consolidating the offices of Clerk of the Superior Court and Treasurer of Pickens county.
Referred to the General Judiciary Committee.

A bill to amend an act to declare Councilmen and Aldermen of towns and cities ineligible during their term of office to any other municipal office in said towns and cities, approved November 12, 1889, and for other purposes.
Referred to the General Judiciary Committee.

:270

JoURNAL OF THE SENATE.

A bill to establish a Board of Commissioners of Roads and Revenues for White county.
Referred to the Special Judiciary Committee.

A bill to provide that all garden, field or grass seed sold

in this State shall have branded, or printed, on the sacks

Dr packages in which sold, the year in which said seed

were grown, and to provide a penalty, etc.

i

Referred to the General Judiciary Committee.

A bill to change the apportionment of Representatives in the General Assembly, and to fix the same in accordance with the Statues of the United States of 1890.
Referred to the Special Judiciary Committee.

A bill to incorporate the Seaboard and Augusta Railroad Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to provide for registration of voters in the city of Augusta, and for other purposes.
Referred to the Committee on Corporations.

A bill to incorporate the Georgia, Virginia and Baltimore Railroad Company.
Referred to the Committee on Railroads.

A bill to incorporate the Thomson Banking Company. Referred to the Committee on Finance.

A resolution to pay pension to the widow of Richard W. Bell.
Referred to the Committee on Finance.

The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to amend section 719(i) of the Code.
A bill to amend an act to create a Board of Commissioners for the county of Mo~gan, and for other purpm;es.

TUESDAY, AUGUST 18, 1891.

271

And a bill to repeal an act approved :March 2, 1874, reducing the sheriff's bond for the county of Liberty.

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

.Mr. President:
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend section 3940 of the Code of Georgia of 1882, so as to allow jurors in the City Courts of this State the same compensation as is allowed jurors in the Superior Courts of such counties where such City Courts are located.
Also, an act to amend the charter of the city of Athens in relation to sewers.

Also, an act .to amend an act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and several acts amendatory thereof, so as to proYide for converting into the City Treasury fees paid to the Marshal and Clerk of said city, and to authorize the payment of salaries only to said Clerk and Marshal, and for other purposes.
Also, an act to relieve Jesse D. Strange on forfeited recognizance.
Also, an act to amend the law for the protection of oysters in certain particulars.
Also, an act to provide for the registration of the qualified voters of Quitman county, and to proYide for carrying the same into effect, and for other purposes.
Also, the following resolution, to-wit:

A resolution to appropriate the sum of $6,000 to supplement the amount heretofore appropriated to the contingent fund for the year 1891.
Respectfully submitted. R. M. W. GLE~N, Chairman.

272

JouRNAL oF THE SE:-.ATE.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Cusseta in the county of Chattahoochee, and for other purposes.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
Th~e bill was read the third time, and passed, as amended, by constitutional majority, there being ayes 32, nays 0.
The Senate took up the report of the Committee on General Agriculture on the bill to amend section 4441 of the Code.
. Thi::J bill was, on motion, laid on the table.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to prohibit the sale of seed cotton in the county of Jefferson from the 15th of August to the 24th of December of each year, and to provide a penalty for the violation of the same.

The report was agreed to.
The bill was read the third time and passed, by constitutional majority, there being ayes 29, n.1ys 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House increasing the compensation of County Commissioners of Roads and Revenues for the county of Liberty, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 28, nays 0.

'.!,'he bill of the Senate to prohibit the sale of intoxicating

TuESDAY, AuGusT 18, 1891.

273

liquors in Pulaski county, was taken up, on motion of Mr. Mullis, and recommitted to the General Judiciary Committee.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act passed in 1874, to provide for a Board of County Commissioners of Roads and Revenue for the county of Bartow, and for other purposes.

Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 29, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act establishing a new charter for the city of Atlanta, approved February 28th, 1874, and the acts amendatory thereof, and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage, as amended, and the report was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 28, nays 0.
On motion of Mr. Todd, this bill was ordered to be immediately transferred to the House.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend paragraph 4, section 4440 of the Code, et.c.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were required to be recorded.
Pending the announcement of the vote, Mr. Ellington moved that the same be laid on the table.
18

274

JouRNAJ, oF THE SENATE.

The motion prevailed, and the unannounced vote is as follows:

Those who voted in the affirmative are Messrs.-

Beard, Beck, Bennett, Brown, Cabaniss, Callaway, Culpepper,

Culver,

Smith of 28th Dist.,

Ellington,

Tatum,

Gill,

Todd,

Hodges,

Walker,

Johnson of 21st Dist., Warren,

Lamb,

Witcher,

Nunnally,

Zachry.

Those who voted in the negative are Messrs.-

Eascn, Glenn, Golden, H1rp, Irvine,

Lane, Lanier, McRae, Mullis,

O'Neal, Smith of 6th Dist., Vincent, Williams.

There are ayes 21 ; there are naye 13.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to establish a registration law for the county of Liberty.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time, aud passed by constitutional majority, there being ayes 26, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to abolish the County Court of Appling county, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time, and passed, by constitution!ll majority, there being ayes 28, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of ihe House to amend section 3495 of the Code.

TuEsDAY, AuausT 18, 1891.

275

The report was agreed to.

The bill was read the third time, and passed, by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the General Judiciary CommittPe on the bill of the House to provide for payment of certain jurors, and for other purpo;;es.

The committee reported in favor of its passage. with amendments, which were adopted and the report was agreed to.

The bill was read the third time, and passed as amended by constitutional majority, there being ayes 28, nays 0.

The Senate took up the report of the Special Judiciary Committee on the resolution of the House ratifying an exchange of small portions of land between Janie P. Thompson and the Board of Capitol C0mmissioners, made in 1874, etc., and authorizing the Governor to make necessary titles to the property given in exchange for property receiYed for State purposes.
The report was agreed to.
The resolution was read the third time, and concurred in by constitutional majority, there being ayes 28, nays 0.

The Sena.te took up the report of the General J udieiary Committee on the bill of the House to provide an additional penalty for the violation of laws by vendors of intoxicating liquors.
The report was agreed to.
The bill was read the third time, and passed by com:titutional majority, there being ayes 29, nays 0.
The Senate took up the report of the General .Judiciary Committee on the bill of the House to amend the act to prohibit cock-fighting or betting thereon, and prescribing a punishment for the same, approved November 11, 1889, and for other purposes.
The report was agreed to.

276

JoURNAL OF THE SENATE.

The bill was read the third time, and passed by constitutional majority, there being ayes 30, nays 0.

The Senate took up the report of the General .Judiciary Committee on the bill of the House to punish fraudulent entries and practices in speed contests, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed by constitutienal majority, there being ayes 26, nays 5.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to provide for the advancement and trial of cases in Fulton Superior Court to which the city of Atlanta is a party or materially interested, and in which the collector of the revenue or money due said city i;;; involved, and for other purposes.
Proof of legal notice was St\bmitted.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, thete being ayes 29, nays 0.

By resolution of Mr. Callaway, the courtesies of the Senate were extended to Hon. J. F. Brown, of Screven county.
The Senate adjourned until10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, August 19, 1891, 10 O'clock A.M.

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

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

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

Beard, Beck,

Harp, Hill,

Smith of 6th Jlist., Smith of 28th Dist.,

WEDNESDAY, AUGUST 19, 1891.

277

Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Ellington, Gill, Glenn,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Todd,

Lamb,

Vincent,

Lme,

Walker,

Lanier,

Warreu,

McRae,

'Villiams,

Mullis,

Witcher,

Nunnally,

Zachry,

O'Neal,

:M:r. President.

Patton,

The Journal was read and apprond.

Mr. Cabaniss, Chairman of the Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do paEs, to-wit:
A bill to amend an act to declare Councilmen and Aldermen of towns and cities ineligible during their term of office to any other municipal office.
Also, a bill to change the apportionment of Representatives in the General Assembly, and for other purposes.

Also, the following House bill, with the recommendation that the same do not paHs, to-wit:

A bill to provide that all garden, field or grass seed sold in this State shall have branded or printed on the sack the year in which said seed were grown, and for other purposes.

Respectfully submitted.

T. B. CAB.o\Niss, Chairman.

The amendments of the House to the bill of "the Senate to incorporate the Jackson Savings and Banking Company were taken up and concurred in.

Leave of absence was granted Mr. Golden and Mr. Beck on important business.

278

JoURNAL OF THE SENATE.

By resolutions the courtesies of the Senate were extended Judge James H. Guery, of Terrell county, and to Mr. S. S. Meeks, of Kite, Georgia, during their stay in this city.

The following message was received from the House of Representatives through Mr. Hardin, the Clerk 1"Jwreof:

Mr. Pre.sident:
The House has concurred in the Senate amendments to the following bill of the House, to-wit :

A bill to amend the act to e'tablish a new charter for the city of Atll).nta, approved February 28, 1874, and the SP.Veral acts amendatory thereof, and for other purposes.

The House has passed the following bills by the requisite majority, to-wit:

A bill to amend the laws providing for the appointment of County Commissioners of Roads and Revenues for Dougherty county.

Also, a bill to amend the act incorporating the Savannah Savings Bank and Mortgage Company.

Also, a bill to authorize the payment of certain bills fnr publishing presentments of Grand Juries in Richmond county.

Also, a bill to authorize the Commissioners of Fulton county to refund toP. R. Johnson two hundred and fifty dollars paid for license to sell liquors.

Also, a bill to amend the act incorporating the Cartersville and Gainesville Air Line Railroad Company.

Also, a bill to provide for the appointment of a Board of
. Visitors to the Georgia Normal and Industrial College. Also, a bill to reimburse the State Chemist for funds expended in making analysis of fertilizer~ for 1891.

Also, a bill to exempt from jury duty certain mem hers of the Oglethorpe Infantry of Augusta.

WEDNESDAY, AuGusT 19, 1891.

279

Also, a bill to alter and amend the registration law of Lee county.



Also, a bill to amend the charter of the city of Ji'lovilla.

Also, a bill to amend an act to incorporate the Citizens' Bank of Savannah.
Also, a bill to provide for a Solicitor for the County Court of Butts county.

Also, a bill to amend the registration laws of Laurens county.

Also, a bill to authorize the Clerk of the Board of Commissioners of Roads and Revenues of Carroll county to administer oaths, to have a seal, and to provide a salary for said Clerk.

Under the call of the roll for the introduction of new matter, Mr. Todd introduced :

A bill to prevent combinations to defeat competition in the sale of coal in this State, and provide a fine for the ~arne, which was read the first time and referred to the Special Judiciary Committee.

Mr. Nunnally offered the following resolution, which was taken up, read and agreed to, to-wit:

Re8olved, By the Senate, that all Senators and attaches of the Senate, who are officers of the Alliance, be excused from attendance upon the sessions of the Senate during the State Alliance Convention now in session in this city.

Mr. O'Neal, Chairman Committee on Banks, submitted the following report :
Mr. President :
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the Sa.me do pass, to-wit:
A bill to incorporate the Thomason Banking Company, of Madison.

280

JOURNAL OF THE SENATE.



Also, a bill to incorporate the Bank of Randolph.

,Also, a bill to incorporate the Washington Loan and

Banking Company.

Also, a bill to incorporate the Marietta Trust and Banking Company.

Respectfully submitted. MAsTON O'NEAL, Chairman.

The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to change the apportionment of Representatives in the General Assembly and to fix the same in accordance with the United States census of 1890, as provided in article 3, section 3, paragraph 1 of the Constitution of Georgia.
Also, a bill to amend an act to declare Councilmen and Aldermen of towns and cities ineligible to any other office in said towns or cities, etc.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved December 24, 1888, to require and provide for the registration of all voters in the county of Dooly, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.

The bill was read the third time and passed by constitutional majority, there being ayes 27, nays 0.

By resolution of Mr. Callaway, the courtesies of the Senate were extended to the members of the Alliance Convention during their stay in this city.

By resolution of Mr. Ellington, Mr. James K. Williams of Madison county, was invited to a seat in the Senate while in this city.
The Senate took up the report of the Committee on

WEDNESDAY, AVGUST 19, 1891.

281

Banks on the bill of the House to incorporate the People's Savings Bank and Trust Company.

The report was agreed to.
The bill was read the third time and passed by constitutional majority, there being ayes 28, nays 0.

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

Mr. President :
Your committee report as duly enrolled and ready fo.,. the signature of the President and Secretary of the Senate the following acts, to-wit:

An act to incorporate the town of Dexter, in the county of Laurens, and to provide for the government of the same.

Also, an act to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.
R. M. W. GLENN, Ch<tirman.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act to create a Board of Commissioners for the county of Morgan, and for other purposes.
Proof of legal notice was submitted.
The reportwas agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to authorize any bank chartered under the laws of this State, and which is now, or may be appointed a State Depository in this State, in lieu of executing a bond, to deposit'with the Treasurer of this State $50,000 in the bonds of the State of Georgia, and to prescribe what banks may be State depositories.
The committee reported in favor of its passage, with

282

JOUltNAL OF THE SENATE.

amendments, which were adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 31, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to provide for removal of obstructions of all kinds other than dams used for operating mills or machinery of any kind from the rivers, creeks and other running streams in Banks county, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 30, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to amend the charter of the citizen's Banking and Trust Company of Thomasville, Ga.

The report was agreed to.

The bill was read the third time and passed, ayes 27, nays 0.

With unanimous consent of the Senate, Mr. O'Neal withdrew the bill of the Senate to prohibit hunting or fishing on certain designated lots of land in Decatur county, Ga.

The bill of the House to require proprietors and keepers of public gins in this State to keep record of their work, which was taken up on its passage, was, on motion of Mr. Glenn, laid on the table.

The bill of the House to amend section 719(i) of the CodA, and for other purposes, was taken up for a third reading.
On motion of Mr. Cabaniss, it was laid on the table and fifty copies thereof were ordered to be printed for the use of the Senate.

WEDNESDAY, AuGusT 19, 1891.

283

On motion of Mr. Johnson, of the 21st District, this bill was taken from the table and made the special order for Wednesday, August 26, immediately after the reading of the Journal.
The Senate toqk up the report of the Special Judiciary Committee on the bill of the House to repeal an act approved March 2,1874, reducing the Sheriff's bond of Liberty county.
Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 28, nays 0.

Mr. O'Neal, by unanimous consent, introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to-wit:

A bill to prohibit hunting and fishing. on lots of land Nos. 278, 279, 281, 282, 283, 320 and 331, lying in the 19th District of Decatur county, to provide a penalty for the same, and for other purposes.

The Senate took up the report of the Speeial Judiciary Committee on the bill of the House to establish a Board of Commissioners of Roads and Revenues for Lumpkin county.
Proof of legal notice was submitted.

The report was agreed to.

'T'he bill was read the third time and p!ii!sed, ayes 26, nays 0.

On motion of Mr. Todd, the bill of the House to establish a dispensary in the city of Athens was taken from the table and recommitted to the Committee on Temperance.
By unanimous consent Mr. Williams introduced a. bill to amend an act to amend, revise and consolidate the common school laws of the State of Georgia, and for other pur-

284

JOURNAL OF THE SENATE.

poses, approved October 27, 1887, which was read the first time and referred to the Committ.ee on Public Schools.

Mr. Smith, of the 28th District, offered a resolution authorizing any Senator to extend the privileges of the Senate to any visiting friend without furthe.r action by the body, which was read and disagreed to.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Rome Savings and Trust Company.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, a:s amended,

ayes 29, nays 0.



The Senate took up the report of the Committee on Banks Qn the bill of the House to incorporate the Northeastern Banking Company, of Harmony Grove, Geor~ia, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 28, nays 0.

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

Mr. President:
The House has passed the following House bill, by the requisite majority, to-wit:
A bill providing for the registration of the qualified voters of the county of Talbot, and for other purposes.

The House has adopted the following joint resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution accepting the invitation of the city of Savannah and the citizens thereof to visit said city on the 28th inst.

WEDNESDAY, AUGUST 1~, 1891.

285

And I am instructed to transmit the same forthwith.
The House has concurred in the amendments of the Senate to the following bills of the House, to-wit:
A bill to extend to the Indian Springs and Flovilla Railroad Company the right to lay its track on the Indian Springs Reserve.
Also, a bill to regulate the hours of labor of trainmen on railroads.
Also, a bill to incorporate the town of Rhine, in Dooly county.
Also, a bill to provide for registration of voters in Chattooga ~omity.
Also, a bill to amend the act creating the Railroad Commission.
Also, a bill to provide payment for certain jurors.
The House has receded from its amendment to the Senate amendment (No.2) to the following bill of the House, to-wit:
A bill to incorporate the South Atlantic Railroad Company.
The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to provide for a S,olicitor for the County Court of Butts county, Georgia, and for other purposes.
Referred to the General Judiciary Committee.
A bill to amen~ the charter of the Citizens' Bank of Savannah, and for other purposes.
Referred to the Committee on Banks.

A bill to amend the charter of the. city of Flovilla, of Butts county, Georgia.
Referred to the Committee on Corporations.

286

JoURNAl. OF THE SENATE.

A bill to alter and amend the regi:;tration act for Lee county.
Referred to the Special Judiciary Committee.

A bill to exempt from jury duty certain members of the Oglethorpe Infantry.
Referred to the Committee on Military Affairs.

A bill to reimburse the State Chemist for funds expended by him in making analysis of fertilizers for the years 1890 and 1891.
Referred to the Committee on Finance.

A bill to provide for the appointment of a Board of Visitors to the Georgia Normal and Industrial College, etc.
Referred to the Committee on Public Schools.

A bill to provide for the registration of the qualified voters of Talbot county, etc.
Referred to the Special Judiciary Committee.

A bill to authorize the payment of certain bills incurred for publishing the general presentments of the Grand Juries of Richmond county.
Referred to the Special Judiciary Committee.

A bill to amend an act to incorporate the Savannah Savings Bank and Mortgage Company, approved December 16, 1890.
Referred to the Committee on Banks.
A bill to authorize the Clerk of the B)ard of Com missioners of Roads and Revenues of Carroll county to administer oaths, to have a seal, and to provide a salary for l:laid clerk.
Referred to the Special Judiciary Committee.
A bill to authorize the Commissioners of Fulton county to refund toP. R. Johnson two hundreJ and fifty dollars, paid by him for license to sell liquor, etc.
Referred to the Finance Committee.

WEDNESDAY, AUGUST 19, 1891.

287

'A bill to amend the charter of the Cartersville and Gainesville Air Line Railroad Company.
Referred to the Committee on Railroads.

A bill to amend the registration law of Laurens county, etc.
Referred to the Special .Judiciary Committee.

A bill to amend the several acts relating to the creation of a Board of Commissioners of Roads and Revenues for Dougherty county, etc.
Referred to the Special Judiciary Committee.

Leave of absence was granted Mr. Williams for to-morrow.
On motion of Mr. Williams, the Senate took up and unanimously concurred in the joint resolution from the House accepting the inyitation of the Mayor, Council, Board of Trade and citizens of Savannah to visit that city on the 28th inst., and for other purposes.
The following bills of the House were read the second time, and passed to a third reading, to-wit:

A bill to incorporate the Marietta Trust and Banking Company.

A bill to incorporate the Washington Loan and Banking Company,

A bill to incorporate the Thomason Banking Company, of Madison, Georgia.
And a bill to incorporate the Bank of Randolph.

The Senate. having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. ?ri. to-morrow.

288

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, August 20, 1891, 10 O'clock A.M.

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

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

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

Beard, Bennett, Boyd, Brown, Cabaniss, Callaway. Candler, Culpepper, Culver, Eason, Ellington, Gill, Glenn, Golden,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Stricklanj,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

'Valker,

Lanier,

Warren,

McRae,

'Vitcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

O'Neal,

The Journal was read and approved.

Leave of absence was granted Mr. Mullis from Thursday until Monday next, and to Mr. Smith, of the 28th District, after to-day for several dayr;.

On motion of Mr. O'Neal, the bill of the House to provide that all garden, field or grass seed sold in this State shall have branded on the sacks or packages in which sold, the year in which said seed were grown, which was ad,ersely reported by the General Judiciary Committee, was recommitted to the Committee on General Agriculture.

The Senate took up the report of the General Judiciary Committee on the bill of the House to change the apportionment of Representatives in the General Assembly, and to fix the same in accordance with the United States census of 1890, as provided in article 3, section 3, paragraph 1 of the Constitution of the State of Georgia.

THURSDAY, AUGUST 20, 1891.

289

The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 31, nays 0.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the follo\ving report:
Mr. President:
Your committee have had under consideration the following House hills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Savannah Savings Bank and Mortgage Company, and for other purposes.
Also, a bill to incorporate the Citizens' Bank of Savannah.
Respectfully submitted_ MASTON O'NEAL, Chairman.
Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to provide for a Solicitor for the County Court of Butts county, Georgia, and for other purposes.
Also, a bill to be entitled an act to provide for the more speedy determination of criminal cases.

Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to provide for the appointment of detectives, and to prescribe their duties and privileges, and for o~her purposes.
19

290

JOURNAl, OF THE SENATE.

Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to prohibit the sale of intoxicating liquors in Pulaski county, and to provide a penalty for a violation of the same.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the !'arne do pass, as amended, to-wit:

A bill to be entitled an act to prohibit hunting and fishing on lots of land Nos. 278, 279, 2Sl, 282, 283, 320 and 331, lying in the 19th district of Decatur county, to provide a penalty for the same, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.

The Semite took up the report of the General Judiciary Committee on the bill of the House to amend an act to declare Councilmen and Aldermen of the towns and cities ineligible during their term of office to any other municipal office in said towns and cities, approved November 12, 1889, and for other purposes.
The report was agreed to.

The bill was read the third time, and passed by constitutional majority, ayes 30, nays 0. .

The Senate took up the report of the General Judiciary Committee on the bill of the House to repeal an act approved November 13, 1889, with the following caption, towit: "An act to require the Clerks of Superior Courts in each county in this State to have prepared a suitable record book, to be kept in the Clerk's office of the Superior Court in each county," etc.
The report was agreed to.

The bill was read the third time, and passed by constitutional majority, ayes 30, nays 0.



THURSDAY, AUGUST 20, 1891.

291

On motion of Mr. Warren, leave of absence was granted the Committee on Penitentiary after the period of 11 :45 o'clock this ?ay, until to-morrow.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend paragraph or sub-section 1 of section 16i6 of the Code of Georgia, and for other purposes.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 28, nays 0.

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

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

A bill to consolidate, amend and supersede the several acts incoll>orating the city of Carrollton, and to grant certain powers and privileges to said city.

Also, a bill to establish free schools in the town of Summerville, Chattooga county, Ga.

Also, a bill to amend and revise the charter of Stone Mountain, of DeKalb county, to provide a new charter therefor, and for other purposes.
The House has also passed the following bill of the Senate, to-wit:
A bill to incorporate the Tallapoosa Street Railway Company, and for other purposes.

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

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

292

JOURNAL OF THE 8EXATE.

lowing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to amend an act entitled an act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of any church or public or primte school-house in the State of Georgia; Prorid('d, That its provisions shall not apply to any incorporated town or city in this State, and to prescribe a penalty for a violation of such act, approved August 11, 1891, by providing that said act shall not apply to the sale of such liquors in original packages of not less than ten gallons by the manufacturer thereof, and for other purposes.

Respectfully 1mbmitted.

R. H. LANIER, Chairman.

Lean of absence was granted Mr. Gill for a few days after to-day on important business.

The Senate took up the report of the General Judiciary Committee on the bill of the House to ratify and confirm all charters of corporations granted by the superior courts of this State since the passage of the act approved ~o vember 13, 1889, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to prohibit the sale of intoxicating liquors in Pulaski county and to provide a penalty for the violation of the same.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 27, nays 0.

l\Ir. Glenn, Chairman of the Committee on Enrollment, submitted the following report:

THURSDAY, AUGUST 20, 1891.

293

Mr. President:
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following act, to-wit :

An act to amend an act, passed in 1874, to provide for a Board of County Commir,;sioners of Roads and ReYenues for the county of Bartow, and to prescribe and define the powers and duties thereof.

Alsq, an act to reincorporate the town of Hampton, in the county of Henry.

Also, an act to repeal an act providing for the com pensation of the Commissioners of Roads and Revenues for the county of Dougherty, and the manner of paying the same, approved September 28, 1881, and substituting in lieu thereof a provision for the payment of a fixed annual salary to said Commissioners.

Also, an act to repeal section 4 of the local option law of Clarke county.

Also, the following resolutions, to-wit:

A resolution for the relief of A. P. Chappell and the firm of Harris & Freeman, of Gordon county, Georgia.

Also, a resolution to pay Ben J. Davi!:i the sum of one hundred and sixty-3ix dollars for three hundred and thirtytwo copies of the Public Acts of 1890.

Respectfully submitted.

R. M. w. GLE:N~,

Chairman Committee on Enrollment.

ThP Senate took up the report of the Committee on Banks on the bill of the Hou:::e to incorporate the \Ya>hington Loan and Banking Company.
The report was agreed to.
The bill was read the third time and passed, ayes 29, nays 0.

294

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Bank of Ran. dolph.
'fhe report was agreed to.
The bill was read the third time and passed, ayes 29, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Marietta Trust and Banking Company.

The report was agreed to.

The bill was read the third time and paFsed, ayes 30, nays 0.

The Senate took up the report of the Committee on Banks on the bill o{ the House to incorporate the Thomason Banking Company, of Madison, Georgia.
The report was agreed to.

The bill was read the third time and passed, ayes 28,

nays 0.



Under a suspension of the Rules, the following bills were introduced, read the first time, and referred, as indicated, to-wit:
By Mr. Glenn-
A bill to provide the mode of granting charters and amendments to charters already granted, or that may hereafter be granted, incorporating towns, villages and municipalities of less than two thom;and inhabitants, and of schools, churches and other societies in this State, and for other purposes.
Referred to the Joint Committee on Charters.

Also, by Mr. Glenn-
A bill to amend an act to amend an act incorporating the Cincinnati, Georgia and Florida Railroad Company, and lor other purposes.
Referred to the Committee on Railroads.

THURSDAY, AUGUST ~0, 1891.

295

Also, by Mr. Glenn-
A bill to incorporate the city of Chickamauga, in the county of 'Valker, and for other purposes.
Referred to the Committee on Corporations.

By Mr. GoldenA hill to alter and amend section 1409(e) of the Code. Referred to the General Judiciary Committee.
The following House bills were read the first time, and referred, as indicated, to-wit:

A bill to amend and revise the charter of the town of Stone Mountain, in DeKalb county, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend, revise, supersede and consolidate the General Acts granting corporate authority to the town of Carrollton, and for other purposes.
Referred to the Committee on Corporations.
And a bill to establish free schools in the town of Summerville, Chattooga county, Georgia.
Referred to the Committee on Public Schools.

The foJlowing bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill to amend an act approved August 11, 1891, prohibiting the sale of spirituous, vinous or alcoholic liquors within a radius of three miles of any church or public or private school-hou~e, etc., in this State, etc.

Al-o a bill to prohibit hunting and fishing on lots of land 278, 279, 281, 282, 283, 320 and 331, lying in the 19th District of Decatur county.

The following bills of the House were read the second time and passed to a third reading, to-wit:

296

JOURNAL OF THE SENATE.

A bill to provide for a Solicitor for the County Court of Butts county.

A bill to amend an act to incorporate the Savannah Savings Bank and Mortgage Company.

A bill to proYide for the more speedy determination of criminal cases.

A bill to amend an act to incorporate the Citizens' Bank of Savannah, and for other purposes.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, August 21, 1891, 10 O'clock A.M.

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

Prayer was offered.

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

Beard, Bennett, Boyd, Brown, Cabaniss, Callaway, CanJler, Culpepper, Culver, Eason, Ellington, Glenn, Golden,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of :!8th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist.. , Terrell,

Johnston of 39th Dist., Todd,

Lane,

Vincent,

Lanier,

'Valker,

McRae

Witcher,

Mullis,

Zachry,

Nunnally,

1\Ir. President.

O'Neal,

The Journal was read and approved.

Leave of absence was granted Mr. Warren on account of sickness in his family; to Mr. Lanier for a few days; to

FRIDAY, AUGUST 21, 1891.

297

Mr. Strickland on account of sickness in his family; to Messrs. O'Neal and Brown for a few days, and to Mr. Nunnally after to-day until Tuesday next.
On motion of Mr. Cabaniss, the bill of the House to provide for the appointment of detectives, and for other purpoRes, was recommitted to the General Judiciary Committee.
Mr.Johnson, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to amend an act incorporating the Cincinnati, Georgia and Florida Railroad Company, said amended act approved August 14, 1891, and for other purposes.
Respectfully submitted. RICHARD JoHNsoN, Chairman.

On the call of the roll for the introduction of new matter, the following bills were introduced, read the fir.;t time and referred as indicated, to-wit:
By Mr. HodgesA bill to amend the local option law of Hart county. Referred to the Committee on Temperance.
By Mr. LambA bill to incorporate the Brunswick, LaGrange and North-
western Railroad Company. Referred to the Committee on Railroads.
By Mr. TatumA bill to amend the charter of the Carrollton Street
Railway Company. Referred to the Committee on Railroads.

298

JOURNAL OF THE SENATE.

By l\Ir. Vincent-
A bill to authorize H. T. Bartow to peddle without license in this State.
Referred to the Special Judiciary Committee.

1\lr. Candler, Chairman 0ommittee on Corporations, submitted the following report:

Mr. President: ,
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the act incorporating the Suwanee Canal Company, approved October 29, 1889, and for other purposes.

Also; the following House bill, with the recommendation that the same do pass, to-wit:
A bill to amend an act to incorporate the town of Moultrie in the county of Colquitt.
Respectfully submitted. W. E. CANDLER, Chairman.

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

Mr. President :
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for. the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to incorporate the Bank of Social Circle, and for other purposes.
Also, an act to incorporate the Alcovy and Northern Railroad Company, and for other purposes.

Also, an act to incorporate the Bank of Jug Tavern.

FRIDAY, AuGUST 21, 1891.

299

Also, an act to incorporate the Bank of Cochran, and for other purposes.

Also, an act to provide a system of registration for the county of Echols, and for other purposes.

Respectfully submitted.

R. M. w. GLENN,

Chairman Committee on Enrollment.

On motion of Mr. Culver, the bill of the Senate to amend section 4441 of the Code, etc., was taken from the table and recommitted to the Committee on General Agriculture.

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

A bill to amend the charter of the Suwane~ Canal Company, approved October 29, 1889, and for other purposes.

Also, a bill to amend an act to amend an act incorporating the Cincinnati, Georgia and Florida Railroad Company, and for other purposes.

The bill of the House to amend an act entitled an act to incorporate the town of Moultrie, etc., was read the second time and passed to a third reading.

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

Mr. President :
Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to amend an act entitled an act to amend .an act

to incorporate the Louisville Branch Railroad Company,

so as to authorize said company to borrow money necessary for the construction and equipment of said road, and for



other purposes.

300

JOURNAL OF THE SE~ATE.

Also, an act to incorporate the Tallapoosa Street Railroad Company, and for other purposes.

Respectfully submitted.

R. M. w. GLENN,

Chairman Committee on Enrollment.

Mr. Glenn, Chairman of the Committee on Eurollment, submitted the following report:

Mr. President:
Your committee report as dnly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Recretary of the Senate, the following acts, to-wit:
An apt to provide an additional penalty for the violation of laws by the venders of intoxicating liquors.
Also, an act to incorporate the town of Hazlehurst in the counties of Appling and Coffee, to define the limits of said town, to provide for a Mayor and Aldermen for the government thereof, and for other purposes.
Also, an act to prevent fraudulent entries and practices in speed contests, and for other purposes.
Also, an act to amend an act to prohibit cock fighting or betting thereon, and prescribing a punishment for the same, approved November 11, 1889, and for other purposes.
Also, to an act establish a registration law for the comity of Liberty, and for other purposes.
Also, the following resolution, to-wit:
A resolution ratifying an exchange of small portions of land between Janie P. Thompson and the Board of Capitol Commissioner~, made in 1884, etc., and authorizing the Governor to make necessary title to the property given m exchange for property received for State purposes, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.

FRIDAY, AUGUST 21, 1891.

301

Mr. Glenl)., Chairman of the Committee on Enrollment, submitted the follo,ving report:

Mr. President:
Your committee report. as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to incorporate the Jackson Savings and Banking Company, with powers to do a banking business, act as agent, as.signee, receiver, trustee, and for other purposes.
Also an act to amend an act requiring the registration of voters in Appling county by Tax-Receiver, and for other purposes.
Also an act to amend an act to incorporate the Atlanta Edgewood Street Railroad Company, approved December 24, 1886, so as to authorize an increase of capital stock, and to authorize the purchase or loan of other street railroad property.
Also, an act to prohibit the manufacture or sale of spirituous liquors within four miles of Level Creek church, in Gwinnett county, Georgia.
Also, an act to amend an act entitled an act to incorporate the Louisville Branch Railroad Company, approved August 24, 1872, so as to authorize an increase of the capital stock of said company.
Respectfully submitted. R. M. W. GLENN, Chairman.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to authorize the Commission-

302

JoURNAL OF THE SENATE.

ers of Fulton county to refund toP. R. Johnson two hundred and fifty dollars, which sum was paid by said .Johnson for a license to sell liquor by the quart for one year, from the 11th day of December, 1890, and which license was never used by said J ohnf'on.

Aho, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A bill to be entitled an act for relief of E. H. Shackelford and Z. J. Odom, securities on the appearance bond of
Stonewall Jackson, from liability on said bond.

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

A resolution providing for the indexing of the Journals of the House and Senate for the oession of 1891, and to appropriate money therefor.
Respectfully submitted. J. M. TERRELL, Chairman.

The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bilh; of the House by the requisite majority, to-wit:

A bill to amend the charter of Rome so as to create the office of Recorder.

Also, a bill to amend the act incorporating the town of Blakely.

Also, a bill to incorporate the Bank of Demorest.

Also, a bill to authorize the Board of Education of Houston county to sell the public school lot in Perry, Georgia.
Also, a bill to amend the charter of Swainsboro.

FRIDAY, AUGUST 21, 1891.

303

Also, a bill to fix the salary of the County Treasurer of Fulton county.

Also, a bill to amend the act incorporating the Toccoa Banking Company.

Also, a bill to protect the water supply for the waterworks of Dawson.

Also, a bill to amend the charter of the Georgia, Carolina and Northern Railroad Company.

Also, a bill to give the president and directors of the Hancock Fair Association authority to police the grounds of said association.

Also, a bill to prohibit the holding of more than one county office by one person at any one time.

Ah:o, a bill to change the Ninth Regiment of Georgia Volunteers to the Third Regiment of Georgia Volunteers.

Also; a bill to ratify and confirm the incorporation of street and suburban railroad companies under the general raih:oad law.

Also, a hill to amend the act incorporating the Home Loan and Banking Company, of Atlanta, approved December 26, 1888.

Also, a bill to incorporate the town of Martin, in the county of Franklin.

Also, a bill to incorporate the Louisa Steamboat Company of Dublin, Ga.

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

in the county of Mitchell.



Also, a bill to incorporate the town of Kite, in the county of Johnson.
Also, a bill to incorporate the town of Hardaway, in the county of Dougherty, and for other purposes.
Also, a bill to amend the charter of the city of Dawson, nd for other purposes.

304

JOURNAL OF THE SENATE.

Also, a bill to incorporate the Southern Fire Insurance Company of the State of Georgia.

Also, a bill to provide a general law for the incorporation

of companies to operate street and suburban railroads and

to regulate the same.

'

Also, a bill to incorporate the Jefferson Street Bank of Madison, Ga.

The House have adopted the following resolution, in which the concurrence of the Senate is asked, to-wit:

Resolved by the Honse, the Senate concurring, That the General Assembly adjourn sine die, September 18,1891, at noon.

The bill of the Senate to amend the act approved August 11, 1891, to prohibit the sale oi liquor within a radius of three miles of churches and school-houses, was made the special order for Tuesday, August 25, 1891.

The bill of the Senate to prohibit hunting and fishing on certain lots of land in Decatur county was, on motion, laid on the table.

The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incorporate the Savannah Savings Bank and Mortgage Company, and for other purposes, approved December 16, 1890.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to provide a Solicitor for the County Court of Butts county, Georgia, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed by constitutional majority, there being ayes 26, nays 0.

FRIDAY, AuGusT 21, 1891.

305

The Senate took up the report of the General Judiciary Committee on the bill of the House to provide for the more speedy determination of criminal cases.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to amend the charter of the Citizens' Bank of Savannah, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 29, nays 0.

1\Ir. Cabaniss introduced a resolution expressing the sympathy of the Senate with the Hon. W. T. Flint on account of his protracted illness, which was read and agreed to.

The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to authorize the Commissioners of Fulton county to refund $250 toP. R. Johnson, etc.

A bill for the relief of E. H. Shackleford and Z. J. Odom, securities on the appearance bond of Stonewall Jackson.

Also, a resolution providing for the indexing of the Journals of the House and Senate for the session of 1891, and to appropriate money therefor.

The following bills of the Hou!'le were read the first time and referred as indicated, to-wit :
A bill to amend the charter of the city of Dawson. and for other purposes.
Referred to the Committee on Corporations.
A bill to protect the water supply of the city of Dawson, and for other purposes.
Referred to the Committee on Corporations. 20

306

JoURNAL OF THE SENATE.

A bill to prohibit the holding of more than one county office by one person, at any one time, and for other purposes.
Referred to the General Judiciary Committee.

A bill to incorporate the Jefferson Street Bank of Madison, Ga.
Referrred to the Committee on Banks.
A bill to incorporate the Louisa Steam Boat Company of Dublin, Ga.
Referred to the Committee on Corporations.
A bill to fix the salary of the County Treasurer, of Fulton county, at $2,500, and for other purposes.
Referred to the Special.Judiciary Committee.

A bill to authorize the Board of Education of Houston county to sell the public school lot, in Perry, Ga., and for other purposes.
Referred to the Committee on Public Schools.

A bill to amend the charter of the town of Blakely, in Early county.
Referred to the Special Judiciary Committee.

A bill to incorporate the Bank of Demorest, in Habersham county.
Referred to the Committee on Banks.

A bill to amena the charter of Rome, Ga., creating the office of Recorder, and defining his powers and duties.
Referred to the Committee on Corporations.

A bill to give the President and Directors of the Hancock Fair Association police power over the grounds of said association and approaches thereto.
Referred to the Committee on Corporations.

FRIDAY, AUGUST 21, 1891.

307

A bill to amend the charter of the town of Swainsboro. Referred to the Committee on Corporations.

A bill to incorporate the town of )lartin, in Franklin county.
Referred to the Committee on CorporationR.

A bill to incorporate the town of Kite in .Johnson county. Referred to the Committee on Corporations.

A bill to incorporate the town of Hardaway in Dougherty county.
Referred to the Committee on Corporations.

A bill to amend the charter of the town of Camilla, Mitchell county, Ga.
Referred to the Committee on Corporations.
A bill to incorporate the Southern Fire Insurance Company of the State of Georgia, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend the charter of the Georgia, Carolina and Northern Railway Company, and for other purposes.
Referred to the Committee on Railroads.
A bill to amend the charter of the Home Loan and Banking Company of Atlanta, a1proved Decem her 26, 1888.
Referred to the Committee on Banks.
A bill to provide a general law for t:te incorporation of companies to operate street and suburban railroads, to regulate the same, and for other purposes.
Referred to the Committee on Railroads.
A bill to amend the charter of the Toccoa Banking Company of the city of Toccoa, etc.
Referred to the Committee on Banks.

308

JOURXAL OF THE SENATE.

A bill to change the Ninth Regiment of Georgia Volunteers to the Third. Regiment of Georgia Volunteers, and for other purposes.
Referred to the Committee on Military Affairs.
A bill to ratify and confirm the incorporation of street and Ruburban railroad companies under general law for the incorporation of railroads and to regulate the same, approved September 27, 1881, and for other purposes.
Referred to the Committee on Railroads.
Also, a resolution fixing September 18th as the day of final adjournment.
Referred to the Committee on Rules.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. :\1. 1 Monday next.

SE:-JATE CHAMBER, ATLANTA, GEORGIA,
Monday, August 2!, 1891, 10 O'clock A. :M.

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

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

On the call of the roll, the following Senators answ~red to their names:

Beck, Bennett, Boyd, Cabaniss, Candler, Eason, Ellington, Glenn, Golden, Harlan,

Harp,

Tatum,

Hill,

Terrell,

Irvine,

Tod<l,

Johnson of 21st Dist., Vincent,

Lamb,

Walker,

Lane,

"rarren,

Lanier,

\\ritcher,

1\lcRae,

Zachry,

Pat on,

Mr. President.

Smith of 6th Dist.,

The Journal was read and approved.

MoNDAY, A uausT 24, 1891.

309

Leave of abl:'ence was granted 1\Ir. Beard on account of sickness; to Messrs. Culver and Hodges for this day, and Mr. Zachry untilll o"clock to-day.
On motion of Mr. Beck, so much of the Journal was reconsiden,d as relates to the passage of the bill of the House to provide for a Solicitor of the County Court of Butts county, Ga., and on his motion recommitted.
By resolution of Mr. Lamb, Mr. J. L. Linton of the county of Thomas, and Judge Symmes and Captain Brockington of the city of Brunswick, were invited to seats in the Senate during their visit to this city.
Mr. Zachry, Chairman of the Committee on General Agriculture, submitted the following report:

.Mr. President:

Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that they do not pass, to-wit:

A bill to be entitled an act to prohibit the driving of Domer-;tic Animals out of their usual range, belonging to another, without his consent, and to provide a punishment therefor.

Also, a bill to be entitled an act to provide that all garden, field and grain seed, sold in this State, shall have branded or printed on the sacks or packages in which sold, the year in which said seed were grown, to proYide a penalty for violation of the same, and for other purposes.

Also, the following Senate bill, which they recommend do paEs, as amended, to-wit:

A bill to be entitled an act to amend section 4441 of the Code of 1882, by making the same applicable to fishing as well as hunting upon the lands of another; by making it applicable to uninclosed as well as inclosed lands; further amend so as not to require posting of said lands at the court-house door, and for other purposes.

Respectfully submitted.

C. T. ZACHRY, Chairman.

310

JOURNAL OF THE SENATE.

~Ir. Cabiniss, Chairman of the Committee on General Judiciary, submitted the following report:

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

A bill to prohibit in this State the holding of more than one county office by one person at any one time.

Also the following Senate bill, with the recommendation that the same clo pass by substitute, to-wit:

A bill to repeal section 3406 of the Code of 1882, and substitute therefor, that all suits against railroad companies may be brought in any county through which such road may have its line located.

Also, the following Senate bill, with the recommendation that the introducer be allowed to withdraw the same, to-wit:

A bill to repeal the act of September 21, 1887, providing for the holding of special terms of the Superior Courts to grant charters.

Respectfully submitted.

T. B. CABANiss, Chairman.

Mr. Candler, Chairman Committee on Corporations, submitted the following report:
Mr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend the charter of the town of Swainsboro.
Also, a bill to be entitled an act to give the president and directors of the Hancock Fair Association authority to police the grounds of said a~sociation and the approaches thereto.

MoNDAY, AuousT 24, 1891.

311

Also, a bill to be entitled an act to authorize the Mayor and Council of the city of Albany, Georgia, to straighten that portio,n of Jackson street lying between Broad street and the alley running east and west between Jackson and Washington streets.
Also, a bill to be entitled an act to amend an act to incorporate the town of Adel, in the county of Berrien, approved October 3, 1889.
Also, a bill to be entitled an act to amend an act incorporating the town of Acree, approved December 18, 1890.

Also, a bill to be entitled an act to protect the water supply for the water-works of the city of Dawson, and providing police protection, and for other purposes.
Also, a bill to be entitled an act to incorporate the town of Hardaway, in Dougherty county.

Also, a bill to be entitled an act to authorize the city of Augusta to provide by ordinance for the registration of voters in each ward of the city, and for other purposes.

Ahm, a bill to be entitled an act tQ repeal an act to confirm an ordinance of the City Council of Augusta entitled an act to create a sinking fund, passed Ma~ch 10, 1877, and for other purposes.
Respectfully submitted. W. E. CANDLER, Chairman.

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

By Mr. Patton-
A bill to require the payment of a license for the privilege of carrying Winchester rifle.'!, or any other long range gun, or guns, except by the military of the State, etc., and for other purposes.
Referred to the General Judiciary Committee.

312

JouRNAL oF THE S:K~'ATE.

By Mr. Todd-
A bill to incorporate the city of Hapeville, Georgia, and for other purposes.
Referred to the Committee on Corporations.
By Mr. Cabaniss-
A bill to repeal an act to abolish the office of County Treasurer of the county of Monroe, and to make the Chairman of the Board of County Commissioners ex officio Treasurer, and for other purposes, approYed September 18, 1883, and for other purposes.
Referred to the Special Judiciary Committee.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend, revise~ Rupersede and consolidate the general act granting corporate authority to the town of Carrollton, to confer additional power upon the Mayor and City Council of Carrollton, to extend the limits of Eaid city, etc.
Also, a bill to be entitled an act to amend the charter of the city of Flovilla, of Butts county, Georgia.

Also, a bill to be entitled an act to amend the charter of the city of Dawson so as to increas3 the number of Aldermen from five to six members, and to change their term of office; also, to provide compensation for such Aldermen, and to increase the salary of the Mayor, and for other purposes.
Also, the following Senate bill, with recommendation that the same do pass, to-wit :

A bill to be entitled an act to incorporate the city of

MONDAY, AUGUST 24, 1891.

313

Chickamauga, in the county of Walker, and for other purposes.
Also, the following Senate bill, with recommendation tha.t the same do pass, as amended, to-wit:

A bill to incorporate the town of Lovejoy, Clayton county, Georgia, to appoint Commissioners for same, and for other purposes.
Respectfully submitted. W. E. CANDLER, Chairman.

The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has paRsed the following bills of the House by the requisite constitutional majority, to-wit:

A bill to incorporate the Mechanics' and Farmers' Bank of Boston.
Also, a bill to extend the time for driving cattle across certain lines in White county to May 1st, and for other purposes.
Aleo, a bill to change the term of office of Mayor and Council of the city of Dalton.
Also, a bill to authorize the Mayor and Council of Dalton to elect a Board of Water Commissioners.
Also, a bill to authorize the l\Iayor and Council of the city of Dalton to retire certain school bonds, and to provide for issuing new bonds.
Also, a bill to create a Board of Commissioners of Roads and Revenues for Ware county.
Also, a bill to prohibit and make it unlawful for any person in Pulaski county, to solicit or take orders for intoxicating liquors to be delivered in said county.
Also, a bill to provide for paying the County Commissioners of Brooks county.

3~4

JOURNAL OF THE SENATE.

Also, a bill to amend an act to incorporate the town of Bowersville in the county of Hart, approved September 4, 1883.
Also, a bill to authorize the County Commissioners of Bibb county to have prepared a general index to the records in the office of the Clerk of the Superior Court.
Also, a bill to incorporate the Blackshear Bank.
Also, a bill to incorporate the Southern Mutual Accident Association.
Also, a bill to incorporate the McRae, Ocilla and Southwestern Railroad Company.
Also, a bill to amend an act to incorporate the Merchants' and Farmers' Bank of Quitman, Ga.
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to amend paragraph, or sub-section, one (1) of section 1676 of the Code of Georgia.
Also, a bill to incorporate the Rome Savings and Trust Company.

Also, a bill to authorize any bank that is, or may be, a State Depository, to deposit $50,000 in State Bonds in lieu of gi,ing bond.

Also, a bill to incorporate the Hall County Alliance warehouse and Banking Company.

On motion of Mr. Harlan, the bill of the Senate to authorize the Mayor and Council of Calhoun, Gordon county, Ga., to establish and maintain a system of public schools, was taken from the table and recommitted.

The following bills of the House were read the first time, and referred as in~cated, to-wit:
A bill to authorize the Mayor and Council of Dalton to elect a Board of Water Commissioners, etc.
Referred to the Special Judiciary Committee.

MoNDAY, AuGusT 24, 1891.

315

A bill to change the term of office of Mayor and Council of the city of Dalton.
Referred to the Special Judiciary Committee.

A bill to extend the time for driving cattle across certain lines in White county to the 1st day of May, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to authorize and require the County Commissioners of Bibb county to have pr6pared a general index to the records in the office of the Clerk of the Superior Court of said county.
Referred to the Gen~ral Judiciary Committee.

A bill to incorporate the Southern Mutual Accident Association of Macon, Ga.
Referred to the Committee on Corporations.

A bill to amend an act to incorporate the Merchants' and Farmers' Bank of Quitman, Ga., and for other purposes.
Referred to the Committee on Banks.

A bill to incorporate the McRae, Ocilla aed Southwestern Railroa;d Company, and for other P'irposes.
Referred to the Committee on Railroads.

A bill to prohibit and make it unlawful for any person within the limits of Pulaski county, to solicit or take written or verbal orders for the sale or delivery of intoxicating liquors which are to be delivered or distributed in said county, etc.
Referred to the Committee on Temperance.

A bill to incorporate the Blackshear Bank. Referred to the Committee on Banks.

A bill to provide for paying County Commissioners of Brooks county.
Referred to the Special Judiciary Committee.

316

JoURNAl~ OF THE SENATE.

A bill to amend the charter of Bowersville, in Hart county, and for other purposes.
Referred to the Committee on Corporations.

A bill to create a Board of Commissioners of Roads and Revenues for Ware county
Referred to the Special Judiciary Committee.

A bill to authorize the Mayor and Council of the city of Dalton to retire certain school bonds, etc.
Referred to the Committee on Finance.

A bill to incorporate the :Merchants' and Farmers' Bank of Boston, Ga.
Referred to the Committee on Banks.

The bill of the Senate to amend the charter of the city of Atlanta in regard to the duty and liability of street railroad companies in the matter of street paving, etc., was read the second time and recommitted.

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

A bill to establish free schools in the town of Summerville, Chattooga county, Ga.

A bill to establish a system of public schools in the town of Washington, Ga., etc.

A bill to incorpJrate the Southern Fire Insurance Company of the State of Georgia.

A bill to extend the powers of the railroad Commission, etc.
Also, a bill to incorporate the Louisa Steamboat Company of Dublin, Ga.

The bill of the Senate to amend section 4441 of the Code was taken up for a third reading and laid on the table.
The Senate took up the report of the Committee on Rail-

MoNDAY, AuGUST 24, 1891.

317

roads on the bill of the Senate to amend an act to amend an act incorporating the Cincinnati, Georgia and Florida Railroad Company, said amended act approved August 14, 1891, and for other purposes.

The committee reported in favor of its passage.

Mr. Glenn offered to amend the report as follows, to-wit:
Amend by adding at the last of section 1 the following, to-wit: "That said section, when amended, shall read as follows, viz.: That said act be further amended as follows: by adding to said act another section to be known as Section 5, in the following words, to-wit: Section 5. Be it further enacted, That said company shall have all the rights and powers granted in section 1689(e) of the Code of Georgia; Provided, That said company shall not take or use private property without first paying adequate compensation therefor, nor shall said company have the right to take, use or cross any public road until the consent of the county authorities be had and obtained, and said company shall have the right to sell or lease its franchise, corporate rights and property to any other railroad company, or to consolidate with any other railroad company, foreign or domestic, for the purpose of building or constructing a railroad, as contemplated by the original act incorporating said company; Provided, That said sale, lease or consolidation shall not lessen or tend to lessen competition. Said company shall have power and authority to issue bonds upon its franchises, powers and property, and may mortgage the same to secure said bonds to obtain funds to construct its road and pay its debts."

The amendment was adopted.

The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 25, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend the charter of the Suwanee Canal Company, approved October 29, 1889, and for other purposes.

318

JoURNAL OJ.' THE SENATE.

The report was agreed to.
The bill was read the third time and pattsed, ayes 24, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Moultrie, in Colquitt county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was ; ead the third time and passed, ayes 25, nays 0.

Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Jfr. President:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and now ready for the signatures of the President and Secretary of the Senate, the following act::;, to-wit :
An act to incorporate the Northeastern Banking Company of Harmony GroYe, Ga., .tnd for other purposes.

Also, an act to extend the Indian Springs and Flodlla Railroad Company the right to lay their tracks on the Indian Springs Reserve.
Also, an act to regulate the hours of labor of train-men on railroads in t.his State.
Also, an act to amend an act to provide for the registration of freight and pa1<senger tariffs in this State, to prevent unjust discrimination and extortion in rates charged for transportation of passenger!'~ and freights, and to preYent railroads from charging other than just and reasonable rates, etc.
Also, an act to incorporate the town of Rhine, in the county of Dodge, to confer certain powers, and for other purposes.
'

MoNDAY, AuGUsT 24, 1891.

319

Also, an act to provide for the registration of voters m Chattooga county, Ga., and for other purposes.

Also, an act to incorporate the South Atlantic Railroad Company, to define its rights, powers and privileges, and for other purposes.

Also, an act to provide for the removal of obstructions of all kinds other than dams used for operating mills or machinery of any kind from the rivers, creeks and other running streams in Bankf' county, and for other purposes.

Also, an act to amend an act approved December 24, 1888, to require and provide for the registration of all voters in the county of Dooly, and for other purposes.
Also, an act increasing the compensation of County Commissioners of Roads and Revenues for the county of Liberty, and for other purposes.
Also, an act to repeal an act app~oved March 2, 1874, reducing the Sherifl's bond for the county of Liberty.

Also, an act to provide for payment of certain jurors, and for other purposes.

Also, an act to amend the act incorporating the Citizens' Banking and Trust Company, of ThomasYille, Georgia.
Also, an act to change the apportionment of representation in the General Assembly, and to fix the same in accordance with the United States census of 1890, as provided in article 3, section 3, paragraph 1 of the Constitution of the State of Georgia.
Also, an act to abolish the County Court established in and for the county of Appling, by recommendation of the Grand Jury of said county at the October term of the Superior Court of said county in the year 1883, and for other purposes.

Also, an act to amen:! an act entitled an act to create a Board of Commissioners for the county of Morgan, ap-

320

JOURNAL OF THE SENATE.

proved February 11, 1874, so as to provide that the Grand Jury at the Spring term, 1892, of Morgan Superior Court, shall elect two Commissioners for the term of one year and three Commissioners for the term of two years, and as their terms expire their successors shall be elected by the Grand .Jury at the Spring term of said court, each for a term of two years, and for other purposes.
Respectfully submitted.
R. M. W. GLENN, Chairman.

The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to incorporate the town of Lovejoy, in Clayton county.
A bill to incorporate the city of Chickamauga, in Walker
county.
Also a bill to repeal section 3406 of the Code.
The following bills of the House were read a second time, and passed to a third reading, to-wit:
A bill to incorporate the town of Hardaway, in Dougherty county.
A. bill to amend the charter of Flovilla, in Butts county.
A bill to amend the charter of the town of Acree, etc.

A bill to protect the water supply of Dawson, Georgia.
A bill to amend the charter of the city of Dawson.
.A bill to authorize the city of Augusta ~o provide by ordinance for a registration of voters in each ward of said city, and for other purposes.
A bill to repeal an act to confirm an ordinance of the City Council of Augusta, entitled an ordinance to create a sinking fund, passed March 10, 1877, and for other purposes.

.. TuEsDAY, AuGusT 25, 1891.

321

A bill to authorize the Mayor and Council of Albany to 1c~traighten a portion of Jackson street in said city, etc.

A bill to give the president and directors of Hancock Fair Association police authority oYer the grounds and approaches to said grounds, etc., of said association.
A bill to prohibit the holding of more than one county office by one person at any one time, and for other purposes.

A bill to amend the charter ofthe town of Swainsboro.
A bill to amend the charter of the town of Adel in Berrien county, and for other purposes.

Also a bill to amend, revise and consolidate the general acts granting corporate authority to the town of Carrollton, and for other purposes.

The Senate, on motion, took a recess for ten minute-,, at the expiration of which period the body was called to order by the President, and having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. l\1. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, August 25, 1891, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chap-. lain of the Senate.
The roll call was, on motion, dispensed with:
The Journal was read and approved.
Mr. Candler, Chairman Committee on Corporations;. submitted the following report:
21

.322

JOURXAL OF THE SENATE.

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

A bill to be entitled an act to amend and revise the 'Charter of the town of Stone Mountain, in DeKalb county, and for other purposes.

Al&o, a bill to be entitled an act to incorporate the Southern Mutual Accident Association, of Macon, Georgia.

Also, a bill to be entitled an act to incorporate the town of Martin, and for other purposes.

Also, a bill to be entitled an act to amend the charter of the town of Camilla, Mitchell county, Georgia, in order to extend the corporate limits for school and other purposes.

Also, a bill to be entitled an act incorporating the town of Arabi, Georgia.

Also, a bill to incorporate the town of Stellaville, in the county of Jefferson and State of Georgia, and for other purposes.

Also, a bill to be entitled an act to incorporate the town of Kite, in the county of Johnson.

Also, a bill to reincorporate the town of Watkinsville. I
Also, a bill to be entitled an act to provide a new charter for the town of East Point, in the County of Fulton, and for other purposes.
Respectfully submitted.
,V. E. CANDLER, Chairman.

The following meesage was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the following House bills, to-wit:
A bill to amend the charter of the town of Austell.

TuEsn..\Y, AuGusT ~5, 1891.

323

Also, a bill to revise, consolidate and amend the acts establishing a Board of Commissioners for the courity of Decatur, approved Decemher 13, 1871, and all acts amendatory thereto.
Also, a bill to amend section 4441 of the Code of Georgia of 1882.
Also, a bill to make 'Thx-Collec~ors, in all counties of the State which contain a population of seventy-five thousand (75,000) or more, ex officio Sheriffs in certain cases.
Also, a bill to amend an. act approved December 27, 1886, entitled an act to incorporate the Exehange Bank of Athens, at Athens, Ga., so as to provide for and regulate increase of the capital stock.
Also, a bill to change the time of holding the Superior Court of Dodge county.
Also; a bill to amend section 473 of the Code of 1882.

Also, a. bill to amend section 3331 of the Code, so as to give the lien of an attachment priority over that of an ordinary judgment.
Also, a bill to amend the charter of the Fairmrmnt Valley Railroad Company, approved November, 1889.

The House has also adopted the following resolutions, in which it asks the concurrence of the Senate, to-wit:

A resolution for the relief of W. C. Wright.

Also, a resolution for the relief of Mrs. Martha l\1. Humphries, widow of Ledford Humphries, deceased.

Also, a resolution petitioning our Senators and Representatives in Congress to use and employ all means necessary to secure adequate appropriations for deepening the harbor at Savannah, Ga.
I
l Mr. Lanier, Chairman Committee on Temperance, submitted the following report :

324

JOURNAL OF THE SENATE.

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 be entitled an act to establish a Dispensary in

the city of Athens, and for other purposes.

-

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

A hill to be entitled an act to prohibit and make it unlawful for any person within the limits of Pulaski county to solicit or take written or verbal orders for the sale or delivery of intoxicating liquors which are to be delivered or distributed in said county, and provide a penalty for a violation of the same.
Respectfully submitted. R. H. LANIER,
Chairman Committee on Temperance.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to amend an act entitled an act to incorporate the Georgia, Carolina and Northern Railway Company, and to define its rights, powers and privileges, and for other purposes, approved Decemher 7, 1886, and to further define the rights and powers of said railway company.
Also, a bill to be entitled an act to incorporate the ~ Atlanta., Southern and Western Railroad Company, to define its rights, powers and privileges, and for other purpoEes.

TUESDAY,. AUGUST 25, 1891.

325

Also, a bill to be entitled an act to incorpo-rate the ..Atlanta, Americus and Florida Railroad Company; to .define its rights, powers and privileges, and for other purposes.

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

A bill to be entitled an act to amend an act incorporating the Cartersville and Gainesville Air Line Railroad Company, approve.d December 26, 1886, and for other purposes.

Also, a bill to be entitled an act to amend the charter of the Washington and Elberton Railroad, approved Decem.ber 27, 1886, by changing the route of said railroad.

Also, the following Senate bill, which they instruct me to report back, wiih the recommendation that the same do :p~ass, to-wit:

A bill to be entitled an act to incorporate the Brunswick, LaGrange and Northwestern Railroad.
Respectfully submitted. RICHARD JOHNsoN, Chairman.

Mr. Cabaniss, Chairman of Committee on General Judiciary, submitted the following report:
.Jfr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for a Solicitor for the County Court of Butts county, Ga., and for other purposes.
Respectf'ally submitted. T. B. CABANiss, Chairman.
.By unanimous consent, Mr. Candler was permitted to 'M'ithdraw the bill of the Senate to repeal an act of Septem-

326

JOURNAL OF THE SENATE.

ber 21, 1887, providing for the holding of special terms of the superior -courts to grant charters.

The following bills of the House, adversely reported, were, on motion, laid on the table, to-wit :

A bill to make it unlawful for any person within the limits of Pulaski county to solicit or take written or verbal orders for the sale or delivery of intoxicating liquors which are to be delivered in said county, etc.

Also, a bill to provide that all field, garden and grass. seed sold in this State shall have branded on the sacks or packages containing the same the year in which such seeds were grown, etc.

The bill of the House to prohibit the driving of domestic animals out. of their usual range, without consent of the owner, was, on motion of Mr. Lanier, recommitted to the Committee on General Agriculture.

The following message was received from the Governor through Mr. W. H. Harrison, Secretary of the Executivl" Department :

Mr. President:
The Governor has approved the following acts of the General Assembly, to-wit:

An act to prescribe and make more certain the Clerks' and Sheriffs' fees in the Superior Courts of this State in divorce suits.

Also, an act to incorporate the North Augusta Railroad Company.
On ~otion of Mr. Hodges, the bill of the Senate to. amend the Local Option Law of Hart county, Ga., was read the second time and recommitted to the Committee on Temperance.
Under a suspension of the Rules, Mr. Golden introduced
the following bill, which was read the first time and referred to the Committee on General Judiciary, to-wit:

TuESDAY, AuausT 25, 18:11.

927

A bill to repeal section 3910(a) of the Code of 1882, and for other purposes.

By resolution of Mr. Nunnally, the Hon. E. T. Brown and Hon. A. J. Cobb were invited to seats in the Senate during their visit to this city.

By resolution of Mr. Lane, the courtesies of the Senate were extended to the Hon. F. H. Burch, of Dublin, Ga., during his stay in this city.

The following bills of the house were read the second time, and passed to a third reading, to-wit:

A bill to amend the charter of the town of Camilla, Ga.

A bill to incorporate the Southern Mutual Accident Association, of Macon, Ga.
A bill to incorporate the town of Kite, in the county of Johnson.

A bill to incorporate the town of Martin, in Franklin

county, Ga.



A bill to incorporate the Atlanta, Southern and Western Railroad Company, and for other purposes.
A bill to amend the charter of the Cartersville and Gainesville Air Line Railroad Company, approved December 26, 1886, and for other purposes.

A bill to ameuil the charter of the Washington and Elberton Railroad Company, approved December 27, 1886, by changing the name of the same.

A bill to incorporate the Atlanta, Americus and Florida Railroad Company, and for other purposes.

A bill to amend the charter of the Georgia, Carolina and Northern Railway Company, and for other purposes.
A bill to provide a new charter fur 1he town of East Point, in the county of Fulton, and for other purposes.
A bill to incorporate the town of Watkinsville, etc.

"328

JOURNAL OF THE SENATE.

A bill to amend and ,revise the charter of the town of Stone Mountain, in DeKalb county, and for other pur_poses.
A bill to incorporate thetown of Stellaville, in J effersen 'COunty, Ga., and for other purposes.
Also, a bill to incorporate the town of Arabi, Ga.
The bill of the Senate to incorporate the Brunswick, LaGrange and Nortliwestern Railroad Company was read the second time and pa!':sed to a third reading.

Mr. Glenn, Chairman of the Joint Committee of the .Senate and House, to which the following bill was referred, .submitted the following report:

Mr. President:
The Joint Committee of the House and Senate have had under consideration the following bill, which they recommend do pass, to-wit:

A bill to be entitled an act to provide the mode of granting charters, and amendment!': to charters already ~ranted, or that may hereafter be granted, incorporating towns, villages and municipalities of less than two thousand (2,000) inhabitants, and schools, churches and other societies in .this State, and for other purposes.

Respectfully submitted.

R. l\L w. GLEXX,

Chairman Joint Committee House and Sanate.

The bill of the Senate to provide the mode of granting -charters and amendments to charters already granted, or that may hereafter be granted, incorporating towns, villages and municipalities of less than two thousand inhabitants, .and of schools, churches and other societies in this State, and for other purposes, was read the second time and passed to a third reading.
The follo,ving bills of the House were read the first time .aRd referred as indicated, to wit:

TuESDAY, AuGusT 25, 1891.

329

_A bill to amend section 473 of the Code of 1882.
Referred to the General Judiciary Committee.
A bill to amend section 3331. of the Code so as to give -the lien of an attachment priority over that of an ordinary judgment obtained on a suit filed after the levy of the ..attachment.
Referred to the General Judiciary Committee.
A bill to amend an act approved December 27, 1886~ entitled an act to incorporate the Exchange Bank of Athens, -etc., and for other purposes.
Referred to the Committee on Banks.

A bill to amend the charter of the Fairmount Valley :Railroad Company, approved November, 1889, and for other purposes.
Referred to the Committee on Railroads.

At the hour of 11 Q'clock A. M., the President announced the special order, to-wit:
The bill of the Senate to create and establish liens in favor of certain persons therein described against railroad -companies, and to fix the priorities of the same, which was :adversely reported by the General Judiciary Committee.

On motion of Mr. Beck, this special order was dis-
-c~arged.

The President announced the second special order for this day, to-wit:
The report of the Committee on Temperance on the bill Of the Senate to amend an act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of -three miles of any church, or public or private school-house in the State of Georgia, provided that its provisions shall ~ not apply to any incorporated town or city in this State,
l .11.nd to prescribe a penalty for a violation of such act, ap-
proved August 11, 1891, by providing that said act shall

330

JOURNAL OF THE SENATE.

not apply to the sale of such liquors in original package~ of not less than ten gallons by the manufacturers thereof:.and for other purposes.

The report waR agreed to.

The bill was read the third time, and on the question of its passage Mr. Strickland required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Beck, Bennett, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Glenn,

Golden,

Nunnally,

Harp,

Smith of 6th Dist.~

Irvine,

Strickland,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Vincent,

Lamb,

'Valker,

Lane,

'Varren,

Lanier,

Zachry.

1\lcRae~

Thme who voted in the affirmative are Messrs.-

Eason, Ellington, Harlan, Hill,

Hodges, Mullis, Patton, Smith of 28th Dist.,

Tatum, Todd, Witcher.

There are ayes 26; there are nays 11.

So the bill was passed by a constitutional majority.

The following communication was received from His: Excellency, the Governor, through Mr. Warren, his Secre-tary, to-wit:

.Jfr. President:

I am directed by the Governor to deliver to the Senate a. sealed communication, to which he respectfully invites the consideration of your honorable body in executive session_

On motion of Mr. Cabaniss, the Rules were suspended, and the Senate took up the report of the Committee on . Temperance on the bill of the House to establish a Dis-pensary in the city of Athens, and for other purposes.

Proof of legal notice was submitted.


TuESDAY, AuausT 25, 1891.
The report was agreed to.
The bill was read the third time and passed, ayes 33, nays 2.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to provide a general law for the incorporation of companies to oterate street and suburban railroads, and to regulate the same, and for other purposes.
Also, a bill to ratify and confirm the incorporation of street and suburban railroad companies, and for other purposes, etc.
Mr. Irvine, Chairman of the Committee on Public Schools, submitted the following report :
~Jr. President :
Your committee have harl 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 provide for the appointment of a Board of Visitors to the Georgia Normal and Industrial College, which is a branch of the University of Georgia, to prescribe their powers 'and duties, to fix their compensation, and for other purposes.
Also, a bill to \l.Uthorize the Board of Education of Hout,:ton county to sell the public school lot in Perry, Ga., to make deed thereto, and for other purposes.
Also, a bill to be entitled an act to establish a system of public schools in the town of Washington, Ga., to provide for raising revenue to maintain said schools; to authorize the County School Commissioners of Wilkes county to pay over to the Board of Education of said public schools such part of the State school fund as may be their just pro rata 8hare.
Also, the following House bill, which they instruct me

c

.332

Jot:R.SAL OF THE SENATE.

to report back, with the recommendation that the same do pass, as amended, to-wit:

A bill to be entitled an act to establish free schools in the town of Summerville, Chattooga county, Ga.

Respectfully submitted.

W. T. IRVINE, Chairman.

The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
By resolutions, the Hon. 0. A. Bull, of LaGrange, and .Col. F. Jordan, ex-State Senator, were invited to seats in the Senate during their stay in this city.
The following bills of the House were read the second thee and passed to a third reading, to-wit :

A bill to proYide for the appointment of a Board of Visitors to the Georgia Normal and Industrial College, etc.
Also a bill to authorize the Board of Education of Houston county to sell the public school lot in Perry, Georgia.
The :jenate took up the report of the General Judiciary Committee on the bill of the .Senate to prohibit hunting and fishing on certain lots of land in the 19th District of Decatur county.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to~

The bill was read the third time, and passed, as amended, ayes 29, nays. 0.
On motion of Mr. Todd, the bill of the Senate to incorporate the city of Hapeville was read the second time and recommitted.
The Senate, under suspen!'lion of the Rules, took up the report of the Committee on Finance on the bill of the House to authorize the Commissioners of Fulton county to refund toP. R. Johnson two hundred and :6.fty dollars paid

WEDNESDAY, AUGUST 26, 1891.

333

by him for an unused license to sell liquor by the quart, etc.

The report was agreed to.

The bill was read the third 'time and passed, ayes 27, nays 0.

The Senate, 1mder further suspension of the Rules, took up the report of the Committe:> on Corporations on t4e bill of the House to authorize the city of Augusta to provide by ordinance for a registration of voters in each ward, and for other purposes.

The report was agreed to.

The bill was read the third time, and passed by constitu-
tional majority, there being ayes 31, nays 0.
The Senate, on motion, adjourned until 10 o'clock A. M. to-morrow.

SENATE CHAliiBER, ATLANTA, GEORGIA,
Wednesday, August 26, 1891, 10 0 'clock A. M.

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

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

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

Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason,

Harlan,

Patton,

Hru-p,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodge!',

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

1Varren,

JOlJRXAL OF THE SENATE.

Ellington, Gill, Glenn, Golden,

McRae, Mullis, Nunnally, O'Xeal,

Williams, Witcher, Zachry, Mr. President.

The Journal was read and approYed.

Immediately after the reading of the Journal the President announced the special order, to-wit:
A bill of the House to amend section 719(i) of the Code, and for other purposes.
The same being considered under report of the Committee on Railroads, said committee reporting in fa,or of the pas...qage of the bill, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, by constitutional majority, there being ayes. 35, nays 0.
By resolution of Mr. Lane, the Hon. J. G. Moore, of Belknap, Georgia, was invited to a seat in the Senate during his stay in this city.
Mr. Lanier, Chairman Committee on Temperance, submitted the following report :

Mr. President:

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

A bill to be entitled an act to amend the local option law of Hart county, Georgia.

Respectfully submitted.

R. H. LANIER, Chairman.

Mr. Candler, Chairman Committee on Corporations, ~ubmitted the following report.
Mr. President: Your committee have had under consideration the follow-

'VEDNESDAY, AUGUST 26, 1891.

335

in:; House bills, which they recommend do pass, as amended, to-wit:
A bill to be entitled an act to amend an act to incorporate the town of Leary, in the county of Calhoun, and for ~ther purposes.
Also, a bill to incorporate the city of Hapeville, and for ~ther purposes, which they recommend do pass.
Respectfully submitted. W. E. CANDLER, Chairman.

Mr. Cabaniss, Chairman of the Committee on General .J"udiciary, submitted the following report:

]tfr. President:
Your committee have had under consideration the f"Ollowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit .
A hill to be entitled an act to incorporate the Southern }'ire Insurance Company, of the State of Georgia, to define its rights, powers and privileges, and for other purposeH.
Also, a bill to be entitled an act to establish a whipping boss for county and municipal chain-gangs now established, and hereafter established, in this State, to prescribe the manner in which they shall be appointed, their terms of ~ffice, and for other purposes.
Also, a bill to be entitled an act to amend section 473 of ihe Code of 1882.
Also, a bill to authorize the City Council of .Augusta to appoint the Orderly Sergeant Clerk of the Recorder's Court, and for other purposes.
Also, a bill to be entitled an act to permit the Treasurer or Tax-Collector of any city, town or other municipal corporation to issue process of garnishment for taxes due said city, town or other municipal corporation.
AlHo, the following Senate bill, which they instruct me

336

JouRNAL oF THE SE~ATE.

to report back, with the recommendation that the same d~ pass, to-wit:

A bill to be entitled an act to alter and amend section. 1409(e) of the Code of 1882.

Respectfully submitted.

T. B. CABA~Iss, Chairman.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. Pre-sident:
Your committee have had under consideration the following House bill, which they instruct me to report back, with recommendation that the same do pass, as amended,. to-wit
A bill to be entitled an act to incorporate the Seaboard and Augusta Railroad Company, to define its rights, powers and privileges, and for other purposes.
Respectfully submitted. RICHARD .JoHNSON, Chairman.

Under the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred as indicated, to-wit:
By :\Ir. Culpepper-
A bill to incorporate the Reynolds Exchange Bank, and for other purposes.
Referred to the Committee on Banks.
By Mr. Todd-
A bill to provide for the binding out of children in certain cases, and for other purposes.
Referred to the General Judiciary Committee.
q
The following message was received from the House~ through Mr. Hardin, the Clerk thereof:

WEDNESDAY, AuausT 26, 1891.

337

lrir. Pre$ident: The House has adopted the following resolution, in which
the concurrence of the Senate is asked, to-wit:
A resolution requesting the Governor to return House Bill No. 473, for the purpose of supplying an omission.

On motion of ::\Ir. Culver, the Senate took up the report of the Committee nn General Agriculture on the bill of the_ Senate to amend section 4441 of the Coae, etc.

l\Ir. Strickland moved to amend by excepting from its operations the counties of Dawson, Lumpkin ami 'Vhitc
Thif' amendment was lost.
)Jr. Williams moved to amend by making this act only applicable where there is no fence law.
This amendment was lost.

l\Ir. Golden proposed to amend by exempting the counties of Polk, Paulding and Haralson.
This amendment was lost.
::\Ir. Todd moved to amend by inserting the words "tenable lands" wherever the term "uninclosed lands" ap. pears.
This motion was also lost.
Mr. O'Xealmoved to amend by striking out the word "uninclosed" wherever it occurs.
This amendment was lost.
::\Ir. Culver proposed to amend by changing the period at the end of the first section to a comma, and adding the following: " 'vhich posting shall be valid for the period of two years, but may be removed after the expiration of said term by the owner of land or the per<;rm having the same in charge, or his or their agP.nt, and to be effective and continue in force two years from each renewal thereof."
l\lr. Todd called for the previous question. 22

JOURNAl, OF THE SENATE.

The call was sustained and the main question was ordered and put, to-wit:
1. The amendment offered by Mr. Culver, which was adopted.

2. The report of the committee, as amended, which was agreed to.
3. Shall the bill pass, as amended?

The bill was read the third time, and, on the question of its passage, as amended, the ayes and nays were demanded and recorded.

Those who voted in the affirmative are Messrs.-

Boyd, Cabaniss, Callaway, Candler, Culpepper, Cuher, Ellington,

Gill,

Patton,

Harp,

Smith of 28th Dist.,

Hill,

Tatum,

Hodges,

Walker,

Johnson of 21st Dist., \Varreu,

l\lullis,

Witcher,

Xunnally,

Zaehry.

Those who voted in the negative are Messrs.-

Bennett, Eason,
Glenn, Golden, Harlan, I n-ine,

Johnson of 21st Dist., Smith of 6th J>ist.,

Lamb,

Strickland,

Lane,

Terrell,

Lanier,

Todd,

l\leRae,

Viment,

O'Xeal,

Williams.

There are ayes 21 ; there are nays 18.

The bill, as amended, not having recc~iwd a constitutionaliHajority, was lost.

Leave of absence after to-day for a few days was granted Messrs. Lane, Eason and Glenn.

By resolutim1 of l\lr. Callaway, the Ron. J. L. Fuleher, o~ Burke_ cou~ty,_was invited to a seat in the Senate duringJ h1s stay m this cit~.
By resolution of l\Ir. Williams, the courtesies of the Sen-

WEDNESDAY, AtrGUST 26, 1891.

339

ate were extended toT. S. Morgan, Esq., of Savannah, during his stay in this city.
On motion of Mr. Cabaniss, the Rules were suspended, and the resolution of the House requesting the Governor to return House Bill No. 473, was taken up and concurred in.
On motion of l\Ir. Yincent, this action of the Senate was ordered to be immediately transmitted to the House.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the towtt of Lovejoy, in 91ayton county, etc.
Proof of legal notice was submitted.
The committee reported in favor of its passag.:J, with an amendment, which wa~ adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the city of Chickamauga, in the county of 'Yalker, and for other purposes.
Proof of legal notie(' was submitted.
The report was agreed to.
The hill was read the third time and pas;,;ed, ayei' HO; nays 0.

The Senate took up tlw teport of the Commithe on Corporations on the bill of the :o;enate to incorporate the city of HapeYille, and for other pnrposet:.
Proof of legal notice wat: t:nhmitted.

The report waf' agreed to.

The hill was read the third time and passed, ayes 31 nays 0.

340

.JOURNAL OJ<' THE SENATE.

The follO\dng bills of the House were read the first time .and referred, as indicated, to-wit:
.\ bill to make Tax-Collectors in all the counties of this State which contain a population of ~e\enty-fiye thousand, or more,- ex (dficio Sheritl':; in certain cases, and to allow them to appoint deputies, and for other purposes.
Referred to the General .Tudiciary Committee.
A bill to change the time of holding the Superior Co<.!rt. of Dodge county.
Referred to the General Judiciary Committee.
A resolution for the relief of W. C. Wright. Referred to the Committee on Finance.
A resolution for the relief of Mrs. ~Iartha M. Humphries, etc.
Referred to the Committee on Finance.
A bill to amend the charter of the town of Austell.
Referred to the Committee on Corporation'='.

A bill to amend section 4441 of the Code. Referred to the General .J udieiary Committee.

Mr. Callaway, Chairman of the Special Judiciary Committee, submitted the following report:

' Mr. Prcsideat: Your committee have had under consideration the following House bill, which they recommend do pass, to-wit:
A bill to be entitled an act to create a Board of Commissioners of Roads and Re\enues for \Vare county, and for other purposes.

Also, a bill to be entitled an act to create a Board of Commi:"sioners of Roads and Tie\"elHH'S for Towns county, and for other purposes.

\VED~ESDAY, A t:GUST 26, 1891.

'341

Also, a bill to be entitled an act to establish a Board of Commissioners of Roads and Revenues for White county.

Also, a bill to be entitled an act to prohibit any person, or persons, from hunting or fishing on the lands of another in the county of Coffee, in the State of Georgia, ex.cept by written consent of the owner of such lands or his agent, and for other purposes, which they recommend do pas:3, as .amended.

Also, a bill to be entitled an act to incorporate the War-

ren County Fair Association, and for other purposes, which

they recommend do not pass.

.

Also, the following Senate bills, which they recommend do pas!!, to-wit:

A bill to be entitled an act to amend section 620 of the Code of Georgia of 1882, and for other purposes, do pass by .gubstitute.

Also, a bill to be entitled an act to repeal an act to abolish the office of County Treasurer of the county of Monroe, and to make the Chairman of the Board of County Commissioners ex officio Treasurer in and for said county, .and for other purposes.
Respectfully submitted. E. H. CALJ,AWAY, Chairman.

lflr. O'Neal, Chairman Committee on Banks, submitted the following report :
Mr. President:
Your committee ha\'e 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 incorporate the Toccoa Banking Company, in the city of Toccoa, Habersham county.
Also, a bill to be entitled an act to amend an act to incorpo:.

342

JouR:sAL m THJ<; SENATE.

rate the Merchants' and Farmers' Bank of Quitman, Georgia, and for other purposes.

Also, a bill to be entitled an act to amend an act approved December 27, 1886, entitled an act to incorporate the Exchange Bank of Athens, at Athens, Ga., and for other purposes.
Respectfully submitted. l\IAsTo:s O'NEAL, Chairman.

The bill of the House to incorporate the Seaboard and Angusta Railroad Company, and for other purposes, was read the second time and passed to a third reading.

Under a suspension of the Rules, Mr. O'Neal introduced the following bills, which were read the first time andreferred to the Committee on Corporations, to-wit:

A bill to extend the corporate limits of the city of Bainll:'idge.

A bill to amend an act to consolidate and amend the: several acts incorporating the city of Bainbridge, etc.
A bill to amend the charter of the city of Bainbridge~ granted l\Iarch 12, 1866, empowering the )layor and Council to lay out and control a ~;ystem of streets, and for other purpose:-;.

A bill to amend the charter of the city of Bainbridge in regard to the removal of nuisances, etc.
And a bill to amend the charter of the city of Bainbridge, granted l\Iarch 12, 1861), so as to empower the Mayor and Council thereof to maintain a system of sewerage, etc.~ and for other purposes.
The Senate took up the report of the Committee on Temperance on the bill of the Senate to amend the local option law of Hart county.
Proof of legal notice was submitted.
The committee reported in favor of its passage,with an .amendmeni, which was adopted, and the report agreed to_

\VED:NESDAY, AUGUST 26, 1891.

343

The bill was read the third time, and passed,.asamended, by constitutional majority, ayes 29, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to protect the water supply of the city of Dawson, etc.

Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to provide a new charter for the town of East Point, in Fulton county, and for other purposes.

Proof of legal notice was submitted. The report was agreed to.

The bill was read the third time and passed, ayes 31, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Watkinsville.
Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 31, 11ays 0.

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

porations on the bill of the House to amend the charter of

the city of Dawson, etc.

-

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 28, nays 0.

JOURNAL OF THE SENATE.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Swainsboro.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Martin, in Franklin county.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of .the town of Adel, in the county of Berrien.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, ayes 26, nays 0.
SENATE CHAMBER, ATJ,AXTA, GEORGIA,
Thursday, August 27, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. M. B. wharton, D. D, of Norfolk, Va.
The call of the roll waf', on motion, dispensed with. The Journal was read and approved. .Mr. Johnson, of the 21st District, moyed a reconsidera-

THURSDAY, AUGUST 27, 1891.

345

-'tion of so much of the Journal of yesterday as relates to the refusal of the Senate to pass the bill of the Senate to .$mend section 4441 of the Code of 1882, and for other purposes.
Pending this motion to reconsider, the hour of 11 o'clcck ..arrived, and the bill fixed as the special order for this period was announced by the President, to-wit:
A bill of the House to prohibit Physicians and Prescription Clerks performing the duties of their professions qr .callings while intoxicated by liquor or opium, and for other purpo;;es.
On motion of 1\Ir. Ellington, the special order was di~ Charged, and made the special order for \Vednesday, September 2, 1891.
The consideration of the p9nding motion to reconsider was resumed, and the motion to reconsider prevailed.
On motion of Mr. Candler, so much of the Journal of yesterday was reconsidered as relates to the passage of the .bill of the Senate to incorporate the town of Lovejoy, in Clayton county, with an amendment.
On motion of Mr. Ellington, the Rules were suspended, and the Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Srahoard and Augusta Railroad Company, and for other purposes.

The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 28, nays 0.
On motion of .Mr. Ellington, this bill was ordered to be immediately transmitted to the House.

The following message was recei\'ed from the House through Mr. Hardin, the Clerk :

346

JOURNAL OF THE SENATE.

Jfr. President :
The House has passed the following bills, by the requi,_ site majority, to-wit:

A bill to incorporate the FairhaYen Banking Company_

Also, a bill to repeal an act entitled an act to prohibit. persons from hunting and fishing on the lands of another in Telfair county, Georgia, except by written consent of the land owner.

Also, a bill to amend an act to incorporate the Bank of Smithville, Georgia.

The bill of the House, adversely reported, was taken from the table and recommitted to the Committee on General Agriculture, to-wit:

A bill providing that all field, garden and grass seeds sold in this State shall have branded or printed on the packages in which sold, the year in which said seeds were grown.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report:

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

A bill to incorporate the Jefferson Street Bank, of Madison, Ga.

Also, a bill to incorporate the Blackshear Bank, and for other purposes.

Also, the following Senate bill, with the recommendation that the same do pass, as amended, til-wit:

A bill to incorporate the Reynolds Exchange Bank, and for other purposes.

Also, the following House bills, with the recommendaion that the same do pass, to-wit:

THURSDAY, AUGUST 27, 1891.

347

A bill to amend an act to itteorporate the Home Loan and Banking Company, of Atlanta.

Also, a bill to incorporate the Merchants' and Farmers' Bank, of Boston.

Also, a bill to incorporate the Bank of Demorest, m Habersham county.
Respectfully submitted. MAsTON O'NEAL, Chtirman.

Mr. Chandler, Chairman of the Committee on Corporations, submitted the following report:

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

A bill to be entitled an act to amend the charter of the city of Bainbridge, granted ~larch 12, 1866, so as to empower the Mayor and Council of the said city to maintain a system of sewerage and drainage in said city, and for other purposes.

Also, a bill to be entitled an act to amend the charter of the city of Bainbridge, Decatur county, so as to authorize the said city to remove nuisances and other things detriI)Jental to the health and interests of said city, and for other purposes.

Also, a bill to be entitled an act to amend an act entitled an act to consolidate and amend the several acts incorporating the city of Bainbridge, in the county of Decatur, and for other purposes.

Also, a bill to be entitled an act to amend the charter of the city of Bainbridge on the 12th day of ::\larch, 1866, so as to empower the Mayor and Council thereof to open, lay out and control a system of streets, and to provide compensation therefor, and for other purposes.

Also, a hill to be entitled an act to extend the corporate

JOI:RNAL OF THE SENATE.
limits of the city of Bainbridge as far as one mile from the court-house in said city in e,ery direction except that portion of the city bounded by Flint river, the limits of said city in that direction to be extended to high-water mark on the west side of said river, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend the charter of the town of Austell.
Respectfully submitted. '.V. E. CANDI.ER, Chairman,.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

Mr. Pre.~ident:
Your committee have had under cunsideration the following Honse bills, which they instruct me to repurt back, with the recommendation that the same do pass, as amended, to-wit:

A bill to be entitled an act to reimburse the Statc Chemist for funds expended by him in making analysis of fertilizers for the year 1890-'91.
Also, a bill to be entitled an act to authorize the Mayor and Council of the city of Dalton to retire certain school bonds, and to provide for the issuing of new bonds.

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

A resolution to refund to C. C. Wheeler, of the county of Walker, thirty-three and 33-100 dollars paid by him as special tax as liquor dealer for 1891.

Respectfully submitted.

J. M. TERRELL, Chairman.

THt.:RSDAY, At.:Gt.:S'r 27, 18\H.
Mr Callaway, Chairman of the Special.Judieiary Com-' mittee, submitted the following report:
j~Ir. Pre8irlcnt :
Yout committee have had under consideration the following House bills, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A bill to change the time of holding the Superior Cour of Dodge county.
Also, a bill to be entitled an act to authorize the payment of certain bills incurred for publishing the general presentments of the Grand .Juries of Richmond county.
Also, a bill to amend the act incorporating the town of Blakely, in the county of Early, and for other purposes.
Also, a bill to be entitled an act to fix the salary of the County Treasurer of Fulton county, at twenty-five hundn'd dollars, and for other purposes.
Also, a bill entitled an act to provide for the paying of the County Commissioners of Brooks county.
Also, the following House bill, which they instruct me to report back, with the recommendation that the .'-:nne do pass, as amended, to-wit:
A bill to he entitled an act to authorize the Clerk of the Board of Commissioners of Roads awl Revenues of Carroll county, Ga., to administer oaths, to ha\e a seal, and t<~ provide a f'alary for said Clerk.
Respectfully submitted. E. H. CALLAWAY, Chairman.
Under a suspension of the Rule:", the following hills were introduced, read the first time, and referred, as indicated, to-wit:
By Mr. Inine, as Chairman of the Committee on Publie Schools-
A bill to extend the term of the common schools to six

350

JOURNAL OF THE SENATE.

months, to establish a permanent school fund and provide for the disbursement thereof, to prescribe the duties of the officers connected therewith, and to amend and consolidate exi:;ting school laws.
Referred to the Committee on Public Schools.
By Mr. I. ane-
A bill to regulate the appointment, terms of 'office and remoyal of physicians of the lunatic asylum, and for other purpo::es.
Referred to the Committee on Lunatic Asylum.

The Senate took up the report of the Committee on Corporations on the bill of th~t House to amend and revise the charter of Stone Mountain, in DeKalb county, and for other purposes.
Proof of legal notice was submitted.
The report waf' agreed to.
The bill wa~ read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Camilla, in Mitchell county.
Proof of legal notice was submitted.
The report was agreed to.
The hill was read the third time and passed, ayes 24, nays 0.
The following me;:~age wa~ reeeiYed from the House, through 1\Ir. Hardin, the Clerk tlwreof:

Mr. Ptcsidclll:
The House ha~ pa~;:ed the following bills hy the requisite majority, to-wit:
A hill to estahlio:h a system of puhlic schools for the town of Toeeoa city; to empawer tlw l\Iayor and Council of said

THURSDAY, AL'GUST 2i, 1891.

351

town to levy and collect a tax for the support and maintenance thereof.
Also, a bill to incorporate the Maddox & Rucker Banking Company of Atlanta, Ga.
Also, a bill to incorporate the Americus Transit Company.

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

A bill to revise, consolidate and amend the acts establishing a Board of Commissioners for the county of Decatur, approved December 13, 18il, and all other acts, and for other purposes.
Referred to the Committee on Corporations.

A bill to incorporate the Fairburn Banking Company, etc.
Referred to the Committee on Banks.

A bill to prohibit hunting and fishing on the lanas of another, in the county of Telfair.
Referred to the Speeial Judiciary Committee.

A bill to amend an act to incorporate the Bank of Smithville.
Referred to the Committee on Bank.

A hill to incorporate the Americ-us Transit Company. Referred to the Committee on Corporations.
A hill to establish a system of public schools for Toccoa city.
Referred to the Committee on Public School~<.

A bill to incorporate the Maddox & Ruehr Banking Company, and for other purpo:,es.
R<.'ferred to the Committee on Banks.

35J

J OUR~AL OF THE BE~ATE.

The following bills of the Senate were read the second time and passed to a thi~d reading, to-wit:
A bill to alter and amend section 1409(1) of the Cc.de.
A bill to extend the corporate limits of the city of Bainbridge, etc.
A bill to amend the charter of the city of Bainbridge relati ,.e to laying out and control of streets, etc.
A bill to amend an act to consolidate and amend the several acts incorporating the city of Bainbridge, etc.
A bill to amend the charter of the city of Bainbridge so as to authorize said city to remove nuisances, etc.
A bill to amend the charter of the city of Bainbridge, to empower said city to maintain a system of sewerage and drainage, and for other purposes.
A bill to incorporate the Reynolds Exchange Bank, and fo:- other purposes.
A bill to amend section 6:.W of the Code of 1882, and for other purposes.
Also, a bill to repeal an act to abolish the office of County Treasurer of the county of :\Ionroe, and for other purposes.
Cnder a suspension of thP RulPs, Mr. Williams introuuced a bill to amend the oyster laws of this State, which was read the first time and referred to the Committee on General J uuiciary.
Leaye of absence for a few days was granted :\Iessrs. Smith. of the 6th District, and Hill.

The Senate took up the report of the .General .Judiciary Committee on the reconsidered bill of the House to proYide for a Solicitor of the County Court of Butts county.
The eommittee reported in faYor of its passage, with an amendment, which was adopted, and the report was agreed to.

THURSDAY, AuGusT 27, 1891.

353

The bill was read the third time and passed, as amended, ayes 27, .nays 0.

The following bills of the House were read the second time, and passed to a third reading, to-wit :

A bill to amend the charter of the Merchants' and Far- mers' Bank of Quitman.

A bill to create a Board of Commissioners of Roads and Revenues for \Vare county.
A bill to amend an act to incorporate the Toccoa Banking Company.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Towns.

A bill to establish a Board of Commissioners of Roads and Revenues for the county of \Vhite.

A bill to amend an act approved December 27, 1886, to incorporate the Exchange Bank, of Athens, Georgia.

A bill to amend an act to incorporate the town of Leary, in the county of Calhoun.

A bill to amend section 473 of the Code.

A bill to amend the charter of the town of Austell.

A bill to incorporate the Bank of Demorest, in Habersham county.
A bill to reim bnrse the State Chemist for funds expended by him in making analysis of fertilizers for the years 1890-1891.
A bill to authorize the l\Iayor and Council of the city of Dalton to retire certain bonds.
A bill to amend an act incorporating the town of Blakely, in Early county.
A bill to establish a whipping boss for county and municipal chain-gangs, and for other purposes.
-')>

.354

JOURNAL OF THE SENATE.

_I<\ bill to permit the Treasurer or Tax-Collector of any

city, town or other municipal corporation to issue_ process

of garnishment for taxes due said city, town or other mu-

nicipal corporation.



A bill to authorize the City Council of Augusta to appoint the Orderly Sergeant Clerk of the Recorder's Court.
A bill to amend the charterofthe Home Loan and Banking Company, of Atlanta, Ga.

A bill to incorporate the Merchants' and Farmers' Bank, of Boston.

A bill to authorize the Clerk of the Board of Commissioners of Roads and Revenues of Carroll county to administer oaths, to haye a seal, and to provide a salary for 3aid clerk.

A bill to .ProYide for paying the County Commissioners of Brooks county.

A bill to incorporate the Jefferson Street Bank, of Maclison, Ga.

A bill to fix the salary of the County Treasurer at $2,5(1(), and for other purposes.

A bill to authorize the payment of certain bills incurred for publishing the general presentments of the Grand Juries of Richmond county.

A bill to incorporate the Blackshear Bank.

And a bill to change the time of holding the Superior Court of Dodge county.

The Senate took up the report of the Committee on Railroads on thr bill of the House to amend the charter of the Georgia, Carolina and Korthern Railway Company, and for othrr purposrs.

The committee reported in fann of its passage, with an j

;;;1endt1Jcnt, which was adopted and the n:port was

~cdJo.

-

THURSDAY, AUGUST 27, 1891.

3.55

The bill was read the third time and passed, as amended, ayes 29, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to prohibit any person or persons from hunting or fishing on the lands of another in the county of Coffee, except by written consent of the -owner.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with an .amendment, which was adopted, and the report was agreed to.

The bill was read the third time af1d passed, as amended, ayes 32, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to prohibit in this State the holding of more than one county office by one person at any one time, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 29, n1ys 0.

The Senate took up the report of the Committee on Public Schools on the bill of the House to establish free schools in the town of Summerdlle, Chattooga county, Georgia.
Proof of legal notice was submitted.
The committee reported in fa \"Or of its passage, with .an amendments, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, ayes 27, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Bruns~ wick, LaGrange and Korthwestern Railroad Company.
The committee reported in fann of its passage with

356

JouRNAL OF THE SE:SATE.

an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 27, nays 0.

The Senate took up the report of the Committee on Public Schools on the bill of the House to establish a system of public schools in the town of 'Vashington, and for other purposes.
Proof of legalnotice was submitted.

The report was agreed to.

The bill was read the third time and passed, aye::. 28,
nays~
Leave of absence was granted Messrs. McRae and Johnston, of the 39th District, for a few days.

Mr. Johnson, Chairman of the Committee on Railroads, submitted the following report:

Mr. President:
Your committee have had under consideration the fol-lowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to provide a general law for the incorporation of companies to operate street and suburban railroads and to regulate the same, and for other purposes.

Also, a bill to be entitled an act to ratify and confirm the incorporation of street and suburban railroad eOinpanies under the general law for the incorporation of railroadl!, and to regulate the same, approYed September 27, 1881, and amendments thereto, and for other purposes.
Respectfully submitted. RICHARD JoHNSoN, Chairman.

The Se.nate took up the report of the Committee on Corpora.t;1ons on the bill of the House to authorize the Mayor

THURSDAY, AUGUST 27, 1891.

357

:and Council of the city of Albany to straighten a portion of .Jackson street, in said city, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
On motion of M:r. Culver, the reconsidered bill of the senate to amend section 4441 of the Code was recommitted to the Committee on General Agriculture.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend, revise, supersede and consolidate the general acts granting corporate .authority to the town of Carrollton, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 2i, nays 0.

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

.Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the eame do pass,, to-wit:
A bill to be entitled an act to change the 9th Regiment of Georgia Volunteers to the 3d Regiment of Georgia Volunteers, and for other purposes.
Respectfully submitted. P. \V. \VILLIAMs, Chairman.
Mr. \Villiams, Chairman of the Committee on Military, submitted the following report:
.A-fr. President :
Your committee ha,e had under consideraHon the following bill, which they recommend do pass, to-wit:

358

JoURNAL OF THE SENATE.

A bill to be entitled an act to exempt from jury duty certain members of the~Oglethorpe Infantry.
Respectfully submitted. P. W. 'VILLIAliS, Chairman.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Kite, in the county of Johnson.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the :third time and passed, ayes 25 nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Acree.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the thirdltime, and pa8sed, ayes 24,, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to repeal an act to confirm an ordinance of the City Council of Augusta, entitled an ordinance to create a sinking fund, passed March 10, 1877, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and paEsed, ayes 27, nays 0.

The hour of adjournment arrived, and the President declared the Senate adjourned until 7:30 o'clock P.li.

THURSDAY, AuGusT 27, 1891.

359

SENATE CHAMBER, ATT.ANTA, GEORGIA, Thursday, August 27, 1891, 7:30 O'clock P.M.
The Senate met pursuant to adjournment, the President presiding.
The roll-call was, on motion, dispensed with.
The session, by joint resolution, having been deYoted exclusively to the reading of bills the second time, the following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to exempt from jury duty certain members of the Oglethorpe Infantry; and
A bill to chan"e the 9th Regiment of Georgia Volunteers to the 3d Regiment of Georgia Volunteers, and for other purposes.
The business set apart for the night session having been disposed of, the Se?ate adjourned until 10 o'clock A. li. tomorrow.

360

JOURNAL OF THE SENATE.

SE~ATE CHAMBER, ATLANTA, GEORGIA,
Friday, August 28, 1891, 10 O'clock A.M.

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

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

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

13eck, 13ennett, .Boyd, Brown, Cabanis8, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Gill, Golden,

Harlan,

Smith of :!8th Dist.,

Harp,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Lamb,

Yincent,

Lanier,

"Talker,

::\1cRae,

'Varren,

Mullis,

Williams,

Nunnally,

Witcher,

O'Neal,

Zachry,

Patton,

Mr. President.

The Journal was read and approYed.

The following me;;sage was receiYed from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has concurred in the following resolution of the Senate, to-wit:
A resolution instructing the Governor to appoint an Assistant Attorney-General of this State.
The House has also concurred in the amendments of the Senate to the following House bill, to-wit:
A bill to incorporate the Seaboard and Augusta Railroad, :and for other purposes.
Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

FRIDAY, AUGUST 28, 1891.

361

_Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do paf's, by sub:.stitute, to-wit:

A bill to be entitled an act to incorporate the town of Lovejoy, Clayton county, Georgia, and for other purpose!'.

Alw, the following House bill, which they instruct me to report back, with the recommendation that the same do pa.s3, to-wit :
A bill to be entitled an act to revise, consolidate and -amend the acts establishing a Board of Commissioners for the County of Decatur, approv~d December 13, 1871, and .all acts amendatory thereto.
Respectfully submitted. \Y. E. CANDLER,
Chairman Committee on Corporations.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report:

.Mr. President:
Your committee have had under consideration the following House hills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Fairburn Banking Company, and for other purposes connected therewith.
Also, a bill to be entitled an act to incorporate the Maddox-Rucker Banking Company, to define its rights, powers and privileges, and for other purposes.
.Alf'O, a hili to be entitled an act to amend an act to in4!orporate the Bank of Smithville, Georgia.
_Respectfully submitted. l\lAS'l'ON O'XEAL, Chairman.

362

JOURNAJ, OF THE SENATE.

Mr. Cabaniss, Chairman of the Committee on General .Judiciary, submitted the following report:

Jl{r. President:
Your committee have had under consideration the following House bill, which they instruct me to report back.. with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to make Tax-Collectors in all the counties of this State, which contain a population of seventy-five thousand (75,000) or more, ex officio Sheriffs in certain cases, and to allow them to appoint Deputies,. and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to prohibit the buying or selling of farm products, sugar, coffee, salt and meat, for future delivery, and to prescribe a penalty for violation of same, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, wrth the recommendation that the same donot pass, to-wit:
A bill to authorize the l\>Iayor and Council of Calhoun . G::~rdon county, Georgia, to establish and maintain a sys-tem of public schools, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.

On ~he call of the roll for the introduction of new matter the following bills were introduced, read the first time, and referred as indicated, to-wit:
By Mr. Golden-
A hill to amend article 7, section 1, paragraph 1 of the: Constitution of 1877.
Referred to the General Judiciary Committee.

-FRIDAY, AuGusT 28, 1891.

363

By Mr. Williams-
A bill to amend the charter of the town of Wan:aw, and for other purposes.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to incorporate the Maddox-Rucker Banking Company of Atlanta, Georgia., and for other purposes.
A bill to revise, consolidate and amend the acts establishing a Board of Commissioners for the county of Decatur, approved December 13, 1871, and all acts amendatory thereof.
A bill to make Tax-Collectors in all the counties of this State, having a population of seventy-five thousand, or more, ex officio Sheriffs in certain cases, and allow them to appoint Deputies, and for other purposes.
A bill to amend an act to incorporate the Bank of SmithYille, Georgia.

Also, a bill to incorporate the Fairburn Banking Company.

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

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act extending the term of the common schools to six months; to establish a permanent school fund, and provide for the disbursement thereof; to prescribe the duties of the officer connected therewith; to amend and consolidate existing school laws.
Respectfully submitted. \V. T. lRYINE,
Chairman Committee on Public Schools.

364

JOt;RXAI. OF THE SENATE.

The bill of the Senate designated in the foregoing report was read the second time, and passed to a third reading.

The Senate took up the report of the Committee on Railroads on the bill of the House to proYide a general law t'or the incorporation of companies to operate street and suburban railroads to regulate the same, and for other purposes.

The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Railroads, on the bill of the House to ratify and confirm the incorporation of street and suburban railroad companies, under the general law for the incorporation of railroads, and to regulate the same, approYed September 27, 1881, and amendments thereto, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 29, nays 0.

Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
lrfr. .President :
Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:
A resolution instructing the GoYernor to appoint an Assistant Attorney-General of this State.
Respectfully submitted.
R. l\I. w. GLENN,
Chairman Committee on Enrollment.

Mr. Johnson, Chairman of the Committee on Railroads, submitted the following report:

FRIDAY, AuausT 28, 1891.

365

Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back~ with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend the charter of the Atlanta and Alabama Railway Company, approved December 2, 1886, and for other purposes.
Respectfully submitted.
RicHARD JoHNsoN,
Chairman Committee on Railroads.

The Senate took up the report of the Committee on Corporations, on the bill of the Senate to incorporate the town of Lovejoy, in Clayton county, Georgia, the 8ame being a recon8idered bill.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, asam~nded, ayes 28, nays 0.
The bill of the House, to amend the charter of the Atlanta and Alabama Railway Company, approved December 27, 1886, and for other purposes, was read the second time, and passed to a third reading.
On motion of Mr. Irvine, the bill of the Senate to extend the term of the common schools to six months, etc., and for other purposes, was made the special order for Thursday, September 3, 1891, and one hundred copies thereof were ordered to be printed.
Mr. Zachry, Chairman of the Committee on General Agriculture, submitted the following report:
.Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit:

366

Jot:RNAL OF THE SENATE.

A bill to be entitled an act to amend section 4441 of the Code of 1882, by making the same applicable to fishing as well as hunting upon the lands of another; by making it applicable to uninclosed as well as inclosed lands, and further amended so as not to require posting of said lands at the court-house door, and for other purposes.

Respectfully submitted.

c. T. ZACHRY,

Chairman Committee on General Agriculture.

The bill designated in the foregoing report was, on motion of Mr. O'Neal, made the special order for Tuesday, September 1, 1891.

The Senate took up the report of the Committee on Finance on the resolution from the Hom:e proYiding for the indexing of the Journals of the House and Senate, for the session of 1891, and appropriating money therefor.
The report was agreed to.

The resolution was read the third time. and on the question ofconcurring therein, the ayes and nays were recorded.

Those who voted in the affirmative are l\Iessrs.-

Beck, Bennett, Boyd, Brown, Cahan iss, Callaway, Culpepper, Culver,, Ellington, <'Till, Golden,

Harlan,

Patton,

Harp,

Smith of 28th Dist.,

Hodges,

Tatum,

Inine,

Terrell,

Johnson of 21st Dir,t., To,!d,

Vunb,

Yincent,

I.:mier,

'Valker,

l\IcHae,

\Yarren,

1\Iullis,

William~,

Xunnally,

"'itcher,

O'Xeal,

Znchry.

There are ayes 33; there are nayr; 0.

So the resolution was concurred in by constitutional majority.

Lea\e of absence was granted 1\Ir. Bennett until Mondav night, and to Mr. Boyd until Tuesday evening next.

FRIDAY, AUGUST 28, 1891.

3ti7

The Senate took up the report of the Committee on Corporations on the bill of the House incorporating the town of Arabi, Georgia.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time, and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Putlie Schools on the bill of the House to proyide for the appointment of a Board of Yisitors to the Georgia Normal and Industrial College, etc., and for other purposes.

The report was agreed 'to.

The bill was read the third time, and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on CorporationR on the bill of the House to amend the charter of the town of Leary, in the county of Calhoun, and for other purposes.
Proof of legal notice was submitted.
The committee reported in faYor of its passage, with an amendment, which was adopted, and the report W[!S agreed to.
The bill was read the third time, and passed, as am0nded, ayes 28, nays 0.
The Senate took up the report of the Committee on General Judiciary on the hill of the House to incorporate the Southern Fire Insurance Company, of the State of Georgia, and for other purpo~es.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
The Senate took up the report of the Finanee Committee

368

JOUR~AL OF THE SENATE.

on the bill of the house for the relief of E. H. Shackelford and Z. J. Odom, securities on thfl appearance bond of Stonewall Jackson.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 27, nays 0.
Mr. Irvine, Chairman pro tem. of the Committee on En:rollment, submitted the following report:

Jfr. President :
Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to incorporate the town of Watkinsville.
Also, an act to amend the charter of the city of Dawson, and for other purposea.
Also, an act to incorporate the Seaboard and Augusta Railroad Company, to define its rights, powers and privilegea, and for other purposes.
Respectfully submitted. \V. T. IRVINE, Chairman pro tem.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Stellaville, in .Jefferson county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
Leave of absence was granted )[r. Smith, of the 28th District, for l\Ionday and Tuesday next.
The Senate took up the report of the Special Judiciary

FRIDAY, AUGUST 28, 1891.

369

Committee on the bill of the House to amend the act incorporating the town of Blakely, in Early county, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time and passed, ayes 30,, nays 0.
The Senate took up the report of the Committee on Cor-. porations on the bill of the House to incorporate the Southern :Mutual Accident A~sociation, of ::\lacon, Georgia.

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 Railroads on the bill of the House to amend the charter of the CartersYille and Gainesville Air Line Railroad Company, approYed December 26, 1886, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 26, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the \Vashington and Elberton Railroad Company, approved December 27, 1886, by changing the route of said railroad.

The report was agreed to.

The bill was read the third time and passed, ayes 30, nays ll.

At the hour of 12 o'clock, meridian, the President de-dared the Senate adjourned by virtue of the joint resolution, until 10 o'clock A. M., Monday next.
24

370

JOlJRNAL OF THE SENATE.

SENATE CHAMBER, ATJ.ANTA, GEORGIA,
Monday, August 31, 1891, 10 O'clock A. 11r.

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

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

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

Beard, Beck, Brown, Callaway, Candler, Eason, Ellington, Gill, Golden, Harlan,

Harp,

Terrell,

Hill,

Todd,

Hodges,

Yinceut,

Johnson of 21st Dist.,walker,

Johnston of 39th Dist. ,'Varren,

Xunnally,

Williams,

O'Xeal,

'Vitcber,

Patton,

Mr. President.

Strickland,

Tatum,

The Journal was read and approved.

Leave of absence was granted Messrs. Culpepper and Irvine for to-day, and l\Iessrs. Glenn and Lanier for a few days.

The bill of the Senate to amend the act incorporating the Carrollton Street Railroad Company was read the second time and passed to a third reading.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:

Mr. President:
Your committee haYe had under consideration, the following bill, which they recommend do pass, to-wit:

A bill to be entitled an act to amend the act incorporating the Carrollton Street Railway Company.
Respectfully submitted.
RrC'HARD .JoHNSON, Chairman.

MoNDAY, AuGt:sT 31, 1891.

371

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

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

A bill to amend an act to incorporate the town of Bowersville.

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

A bill to incorporate the Ludale Milling and Transportation Company.
Respectfully submitted. Vi. E. CANDLER, Chairman.

On motion of 1\Ir. Gill, the Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Hardaway, in Dougherty county, .and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.

The bill of the House to amend an act to incorporate the town of Bowers,ille, in Hart county, and for other purposes, was read the second time and passed to a third reading.

The bill of the House to incorporate the Ludale Milling and Transportation Company was read the second tin1e, and recommitted to the Committee on Corporations.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend the charter of he city of Bainbridge, granted March 12, 1866, so as to

3i2

JoUR.:"AL OF THE SEXATE.

empower the :Mayor and Council to maintain a system or sewerage and drainage, and for other purpost>s.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time, and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend the charter orthe city of Bainbridge s~ as to empower the Mayor and Council thereof to open, lay out and control a system orstreets, and for other purposes.
Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend an act to consolidate and amend the seyeral acts incorporating the city of Bainbridge and to grant certain privileges to the same, to prescribe additional penalties for nolat10n of ordinances, and for other purposes.

Proof of legal notice was submitted.

The report was ag,eed to.

The bill was read the third time and passed, ayes 25, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend the charter of the city of Bainbridge so as to authorize said city to reniove nuisances, and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.

MoxnAY, AcGGST 31, 1891.

373

The bill was read the third time and passed, ayes 2'3, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to extend the corporate limits of the city of Bainbridge, and for other purpose:::.
Proof of legal notice was eubmitted.
The report was agreed to.
The bill was read the third time and passed, ayes 23, nays 0.
The Senate took up the report of the General Judiciary .Committee on the bill of the Senate to alter and amend .section 1409(e) of the Code of 1882.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Reynolds Exchange Bank, and for other purposes.
The committee reported in favor of its passage, with an .amendment, which was adopted, and the report was .agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

Mr. Callaway, Chairman Conimittee on Special Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration th@ following House bill, which they instruct me to report back, with the recommendation that the same do pass, as .amended, to-wit:
A bill to be entitled an act to amend section 3703 of the Code of 1882, and for other purposes.
.Respectfully submitted. E. H. CALLAWAY, Chairman.

374

JOURNAL OF THE SENATE.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :

A bill to be entitled an act to amend the charter of the city of Atlanta with regard to the duty and liability of street railroad companies in the matter of street paving, and for other purposes.
Respectfully submitted. RICHARD JoHNsoN, Chairman.
The bill of the House to amend section 3703 of the Code of 1882, and for other purposes, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend the charter of the city of Atlanta with regard to the duty anrl liability of street railroad companies in the matter of street paving, and for other purposes.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended. ayes 27, r.ays 0.

.'l'he Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize the Clerk of the Board of Commissioners of Roads and Revenues of Carroll county, Georgia, to administer oaths, to have a seal, and to provi::le a salary for said Clerk.
Proof of legal notice was submitted.
The report was agreed to.

MoNDAY, AuGusT 31, 1891.

375

The bill was read the third time and passed, as amended, ayes 24, nays (),

The benate took up the report of the Committee on Banks on the bill of the House to incorporate th3 Maddox-Rucker Banking Company, to define its rights, powers and privileges, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 2.1), nays 0.

On motion of Mr. Todd, this bill was ordered to be immediately transmitted to the House.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Atlanta, Americus and Florida Railroad Company, and for other purposes.

The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and passed as amended, ayes 26, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incorporate the Bank of Smithville, Ga.

The report was agreed to.

The bill was read the third time, and passed, ayes 25, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Fairburn Banking Company, and for other purposes.

The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.

376

JOT:RNAL OF THE SENATE.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Bank of Demorest, in Habersham county.
The report was agreed to.
The bill was read the third time, and passed, ayes 2-!, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incorporate the Merchants' and Farmers' Bank of Quitman, Ga.
The report was agreed to.
The bill was read the third time, and passed, ayes 25, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to amend the charter of the Toccoa Banking Company, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 23, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Atlanta and Alabama Railway Company, approYed December 27, 1886, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 2-!, nays 0.

The Senate took up the repori of the Committee ou Banks on the bill of the House to incorporate the Merchants' and Farmers' Bank of Boston, Ga.
The report was agreed to.
The bill was read the third time, and passed, ayes 2-5, nays 0.

Mo:sDAY, AravsT 31, 1891.

377

The Senate took up the report of the Special J udiciaoy Committee on the bill of the House to create a Board of Commissioners of Roads and Revenues in Towns county.
Proof of legal notic3 was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 27, nays 0.
Mr. Vincent, Chairman protem. of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of RepresentativeR, and. ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to incorporate the Maddox-Rucker Banking Company of Atlanta, Georgia, and to define its rights, powers and privileges, etc.
Respectfully submitted. C. B. VINCE:ST, Chairman protem.

The Senate took up the report of the Special' Judiciar.v Committee on the bill of the Senate to repeal an act to abolish the office of County Treasurer of the county of Monroe and make the Chairman of the Board of Commi!'!sioners ex o.fficio Treasurer, and to define his duties, etc., approved September 18, 1883, to provide for the election of a Treasurer for said county, and for other purpoees.
Proof of legal notice was submitted.
The report was agreed to.

The bill was read the third time, and pas!'ed, ayes 26, nays 0.

The Senate took up the report of the Committee on Banks <>n the bill of the House to amend an act to incorporate the

378

JoUR:s'AL OF THE SENATE.

Home Loan and Banking'Company of Atlanta, approved December 26, 1888.
The report was agreed to.
The bill was read the third time, and passed, ayes 24,.. nays 0.

The Senate took up the report of the Committee on Public Schools on thfl bill of the House to authorize the Board of Education of Houston county to sell the public school lot in Perry, Georgia, and to make a deed thereto, and for other purposes.
Proof of legal notice was submitted.
-
The report was agreed to.
The bill was read the t!lird time, and passed, ayes 27, nays 0.
The Senate took up the report of the Committee on Bank& on the bill of the House to incorporate the Jefferson Street. Bank of Madison, Ga.
The report was agreed to.
The bill was rtad the third time, and passed, ayes 26,. nays 0.

The Senate took up the report of the Special .Judiciary Committee on the bill of the House to change the time of holding the Superior Court of Dodge county.

The report wao; agreed to.

The bill was read the third time, and passed, ayes 24,. nay~ 0.

The Senate took up the report of the Special .Judiciary Committee on the bill of the House to fix the salary of the County Treasurer of Fulton county at $2,500, and for other purposes.
Proof of legal notice was submitted.

The report wa~ agreed to.

MoNDAY, AuGusT 31, 1891.

379

The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Railroads on the bill ofthe House to incorporate the Atlanta, Southern and Western Railroad Company, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 25, nays 0.

The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
Jfr. President:
The House of Representatives has passed the following joint resolution, and ask the concurrence of the Senate to the same, to-wit:
A resolution, tendering thanks to the people of Savannah for their kind and generous hospitality extended to the General Assembly, and for other purposes.
On motion of Mr. Ellington, the Rules were suspended, and the rf'solution referred to in the ft>regoing message was taken up and read.
On motion of :Mr. Culver, the same was concurred in by a unanimous and rising vote.

The Senate took up the report of the Committee on Military Affairs on the bill of the house to exempt from jury duty certain memhers of the Oglethorve Infantry.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Mili-

JorRXAL OF THE SESATE.
tary Affairs on the bill of the House to change the Xinth Regiment of Georgia Yolunteers to the Third Regiment of Georgia Volunteers and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
Mr. Vincent, Chairman pro tem. Committee on Enrollment, submitted the following report:
Mr. President : Your committee report as duly enrolled, signed by the
Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House acts, to-wit:
An act to ratify and confirm the incorporation of street and suburban railroad companies.
Also, an act to provide a general law for the incorporation of companies to operate street and suburban railroads.
Also, an act to establish a Dispensary in the city of Athens.
Respectfully submitted. C. B. YIXCBNT, Chairman protem.
The Senate took up the report ofthe Committee on Banks <>n the bill of the House to amend an act approYed December 27, 1886, entitled an act to incorporate the Exchange Bank of Athens, Georgia, so as to proYide for an increase of the capital stock, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 23, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House authorizing the City Council of Augusta to appoint the Orderly Sergeant Clerk of the Recorder's Court, 2-nd for other purposes.

Mo~DAY, At:GrsT 31, 1R91.

381

Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time and pal'!sed, ayes 25, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Blackshear Bank, .and for other purposes.
h) report was agreed to.
The bill was read the third time and passed, ayes 2.5, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the towu of A ustell.
Proof of legal notice was mbmitted.

The report was agreed to.

The bill was read the third time and passed, ayes 25rnays 0
The Senate took up the report of the Committee on Corporations on the bill of the House to revise, consolidate and amend the acts establishing a Board of Commissioners fm the county of Decatur, approYed Decem her 13, 1871, and all amendatory acts.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate, on motion, adjourned until 10 o'clock A. Mtc-n1orrow.

382

JOURSAI, OF THE SENATE.

SEl"ATE CHAliiBER, ATLANTA, GEORGIA,
Tuesday, September 1, 1891, 10 0' clock A. ~1.

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

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

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

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

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Strickland,

Hill,

Tatum,

Hodges,

Todd,

Irvine,

Vincent,

Johnson of 21st Dist., 'Valker,

Johnston of 39th Dist., Warren,

Lane,

Williams,

l\lullis,

Witcher,

Nunnally,

Zachry,

O'Xeal,

Mr. President.

The Journal was read and approved.

On motion of Mr. O'Keal, so much of the Journal of yesterday was reconsidered as relates to the passage of the bill of the House t0 revise, consolidate and amend the act~ establishing a Board of Commi~sioners for the county of Decatur.

On motion of l\Ir. O'Neal, this bill was recommitted to the Committee on Corporations.

By resolution of Mr. Lane, Dr. J. \V. Bowie, of Emanurl county, was imited to a ~:'eat in the Senate during his stay in the city.

The following communkation was received from His Excellency, the Governor, through l\Ir. \Yarren, his Secretary, to-wit:
Mr. Pre8ident:
I am directed by the Governor to deliver to the Senate a

TuESDAY, SEPTE!tiBER 1, 1891.

388

sealed communication, to which he respectfully invites the -consideration of your honorable body in executive session.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.

The bill of the Senate to authorize the Mayor and Council of Calhoun, Gordon county, Georgia, to establish for said t?wn a system of public schools, was taken up under .adverse report, and lost.

The following bills and resolution of the House were taken up under adverse reports, and lost, by agreement with said reports:
A bill to prohibit the buying or selling of farm products, sugar, coffee, cotton, salt and meat for future delivery, etc.
Also, a bill to incorporate and grant police powers to the Warren County Fair Association, etc.
Also, a resolution to refund $33.33 to C. C. Wheeler, paid by him as special tax as liquor dealer in 1891.
l\Ir. Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Preside11t:
Your committee have had underconsideration the following House bills, which they instruct me to report back, with recommendatio-n that the same do pass, to-wit:
A bill to be entitled an act to locate the office of TaxCollector of Laurens county, and for other purposes.
Also, a bill to be entitled an act to amend an act approved February 22, 1873, and the acts approved August 20, 1872, and December 11, 1871, to which the same is .amendatory, in so far as they relate to the establishment of a Board of Commissioners of Roads and Revenues for Dougherty county, and for other purposes.
Also, a bill to be entitled an act to change the term of office of Mayor and Councilmen of the city of Dalton.

384

JOURXAL OF THE SEXATE.

Also, a bill to be entitled an act to authorize the Mayor and Council of Dalton to elect a Board of Water Commissioners, to define their powers, and for other purpose~.
Also, a bill to he entitled an act to repeal an act entitled an act to prohihit any person or persons from hunting and fishing on the lands of another in the county of Telfair, in the State of Georgia, 'lnd for other purposes.
Also, a bill to be entitled an act to provide for the registration of the qualified voters of Talbot county, ahd for other purpo~es.
Respectfully :submitted. E. H. CALLAWAY, Chairman.

The Senate took up the report of the Special Judiciary Committee on the bill of the Honse to establish a Board of Commissioners of Roads and Revenues for white county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 35, nays 0.

The Senate took up the report of the Special J ncliciary Committee on the hill of the House to provide for the paying of the County Commissioners of Brooks county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 31,. nays 0.

The Senate took up the report of the Finance Committee on the bill of the House to authorize the ~Iayor and Council of the city of Dalton to retire certain school bonds and to prodde for the issuing of new ones.
Proof of legal notice was submitted.
The r~port was agreed to.

TUESDAY, SEPTEMBER 1, 1891.

385

The bill was read the third time and pasEed, ayes 33 nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House tQ amend section 473. of the Code of 1~82.

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 General Judiciary Committee on the bill of the House to make Tax-Collectors in all the counties of this State, which contain a population of seventy-five thousand or more, ex officio Sheriffs in certain cases, and to allow them to appoint deputies, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 1.

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

Mr. President:

The House has passed the following bills by the requisite majority, to-wit:

. A bill to establish the City Court of Dupont.

Also, a bill to incorporate the Savannah and Oconee Railroad Company, to define its rights ancl privileges, and for other purposes.

Also, a bill to amend the charter of the Middle Georgia and Atlantic Railroad Company.

Also, a bill to change the corporate limits of the city of

Rome, Ga.



Also, a bill to amend an ac incorporating the town of
Mount Airy. 25

JoURNAL OF THE SENATE.

Also, a bill to incorporate the Georgia Banking and Loan Company of Atlanta, Ga.
Also, a bill to incorporate the Farmers' and Merchants' Bank of Georgia.
The House has adopted the following joint resolution, in which it asks the concurrence of the Senate, to-wit:
A resolution extending the thanks of the General A~ sembly to Messrs. Harris and Sinquefield, Representatives from \Vashington county, for courtesies extended at Ten_ nille.
Leave of absence was granted Mr. Harp for a few days on account of sickness in his family.
The Senate took up the report of the Committee on Finance on the bill of the Honse to reimburse the State Chemist for funds expended by him in making analysis of fertilizers for the year 1890 and 1891.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and on the question of itA passage the ayes and nays were required.

Those who voted in the affirmative are l\Iessrs.-

Beard, Beck, Bennett, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington,

Gill,

O'Xeal,

Golden,

Patton,

Harlan,

Strickland,

Harp,

Tatum,

Hill,

Todd,

Hodges,

Yincent,

Johnson of 21st Dist., 'Valker,

.Johnston of 39th Dist., 'Varren,

Lane,

Williams,

l\lullis,

'Vitcher,

Nunnally,

Zachry.

The member not voting was 1\Ir.-

Irvine.

There are ayes 33; there are nays 1.

TuESDAY, SEPTEMBER 1, 18::)1.

387

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

Pending action on the foregoing bill, the hour of 11 o'clock arrived and the special order was deferred until the pending bill was disposed of.

The Senate took up the special order, to-wit:

The report of the Committee on General Agriculture on the bill of the Senate to amend section 4441 of the Code Df 1882, and for other purposes.

The committee reported in favor of its passage by substitute.

:Mr. Bennett moved to amend t~e substitute by excepting the county of Appling. Lost.

Mr. Golden moved to amend by excepting the counties of Polk, Paulding and Haralson. Lost.

Mr. O'Neal proposed the following amendment, which was lost: "Amend by striking the following from the title: 'And to provide for it becoming operative in any county of this State on the recommendation of the Grand Jury of said county.'" Aiso, ''Amend section 1 by striking out the words, 'and in any county in this State upon the recommendation of a Grand Jury of said county.'"

Mr. Johnston, of the 39th District, moved to amend by .excepting the counties of Cherokee, Milton and ForRyth.

This amendment was lost.

The following amendment, proposed by Mr. Todd, was :adopted:

Insert in the caption, after the word "counties," the words "or militia districts in the counties.''

Also, amend section 1, by inserting after the word "counties" the words "or militia districts in the counties."
On motion of l\Ir. O'Neal, the caption and section 1 were

388

JouR~AL oF THE SE~ATE.

amended by striking therefrom the words "Grand Juries," and inserting the words "two consecutive Grand Juries."

The report, as amended, was agreed to.
The bill was read the third time, and, on the que~tion of its passage, the ayes and nays were, by ::\Ir. Strickland, demanded, and were recorded.

Those who voted in the affirmative are :Messrs.-

Beck, Brown, Cabaniss, Calla;vay, Candler, Culpepper, CulYur, Eason, Ellington,

Gill,

Patton,

Harlan,

Tatum,

Harp,

"'alker,

Hill,

"'arren,

Hodges,

Williams,

Johnson of 21st Dist., Witcher,

Lane, .

Zachry.

:\Iullis,

Xunnally,

Tho~e who voted in the negative are ::\Iessrs.-

Beard, Bennett, Golden,

Inine,

Strickland,

Johnston of 39th Dist., Yincent.

O'Xeal,

There are ayes 25; there are nays 8.

So the bill was passed by substitute, as amended, by a constitutional majority.

The bill of the Senate, to amend section 620 of the Code, was taken up for a third reading, and, on motion, was laid on the table.

The Senate took up the report of the Committee on Railroads on the bill of the Senate toamend the act incorporating the Carrollton Street Railway Company.
The report was agreed to.
The bill was read the third time and passed, ayes 23, nays 0.

Under suspension of the Rules, the following bills were
introduced, read the first time, and referred as indicated,
to-wit:

TCESDAY, SEPTE:\IBER 1, 1891.

389

:By Mr. Nunnally-
A bill to carry into effect paragraph 4, of section 2 ()f .article 4 of the Constitution of this State, to define what -contracts and agreements are contrary to the same, and to protect the people thereof against monopoly, and secure -the benefits of competition.
Referred to the Committee on Railroads.

By l\Ir. Culver-
A bill to incorporate the town of Culverton, in Hancock County, and for other purposes.
Referred to the Committee on Corporations.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend section 3703 of the Code, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was .agreed to.
The bill was read the third time and passed, as amended, .ayes 25, nays 2.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to create a Board of Commissioners of Roads and Revenues for \Yare county, .and for other purpo.-es.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Bowersville, in Hart county, and for .other vurposes.
Proof of legal notice was submitted.

390

JOURNAL OF THE SENATE.

The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 27, nays 0.
The Senate adjourned, on motion, until 10 o'clock A. III. to-morrow.

SENATE CHA;\IBER, ATLANTA, GEORGIA,
Wednesday, September 2, 1891, 10 O'clock A. III.

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

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

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

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

Harlan,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

'Valker,

Lane,

"'arren,

:McRae,

Williams,

:\Iullis,

Witcher,

~unnally,

Zachry,

O'Xeal,

::\Ir. President.

Patton,

Smith of 6th Dist.,

The .Journal was read and approved.

On motion of Mr. Cabaniss, so much of the Journal of yesterday was reconsidered as relates to the loss of the resolution of the House to refund to C. C. Wheeler, of 'Valker county, $33.33, paid by him as a liquor tax in 1891.

On motion of Mr. Cabaniss, the reconsidered resolution was laid on the table.

\VED~ESDAY, 8EPTE:\IBER 2, 1891.

391

Mr. Candler, Chairman Committee on Corporations, submitted the following report:

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

A bill to be entitled an act to incorporate the town of Culverton, in Hancock county, and for other purposes.
\V. E. CA~DLER, Chairman.

Mr. Candler, Chairman Committee on Corporations, submitted the following report:
Mr. Pre.sident: Your committee have had under consideration the fol-
lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Ludale Milling and Transportation Company.
Respectfully submitted. W. E. CA~DLER, Chairman.
Mr. Nunnally, Chairman Committee on Lunatic Asylums, submitted the following report:
~Jr. President : Your committee hav~ had under consideration the fol-
lowing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to regulate the appointment. term of office and removal of Physicians of the Lunatic Asylum, and for other purposes.
Respectfully submitted. J. E. NeN~ALLY, Chairman.

Mr. Vincent, Chairman pro tem. Committee on Enrollment, submitted the following report:

392

JouRNAL OF THE SK~ATE.

Mr. Presideilf:
Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to amend the act approved December 27, 1886, entitled an act to incorporate the Exchange Bank of Athens, Georgia.
Respectfully submitted. C. B. VINCENT, Chairman protem.

M:r. Candler submitted the report of the Joint Commit-

tee to investigate and report how the proceeds of the Land

Scrip Fund have hitherto been expended, and what is its

present status.



On his motion, one hundred copies of the report were ordered to be printed for use of the Senate, and that the report lie on the table ~waiting the submission of a minority report.

The resolution of the House, tendering thanks of the General Assembly to Hon. B. C. Harris and Mr. Sinquefield, Representatives of the county of 'Vashington, for courtesies extended at Tennille on the recent trip to Savannah, was adopted.

The Senate took up the report of the Committee on Corporations on the bill of the house to incorporate the Ludale Milling and Transportation Company.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 31, nays 0.

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

W EDXESDAY, SEPTE:IfBER 2, 1891.

393

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

A bill to require the agents of non-resident persons, firms, companies and corporations engaged in loaning money ll1 this State to make returns and pay taxes.

Also, a bill to divide the State of Georgia into eleven .,congressional districts.

Also, a bill to incorporate the Georgia l\Iineral Railroad.

Also, a bill to provide for the removal of obstructions from the water courses in Jackson county.

Also, a bill to amend the liquor law of the county of Wayne.

Also, a bill to amend the act incorporating the Nacoochee Valley Railroad, approved December 26, 18tl8.

Also, a bill to amend the act incorp01:ating the Abbeville .and \Vaycross Railroad Company.

The House has adopted the following resolutionj,1, in which the concurrence of the Senate is asked, to-wit:

A resolution to pay the member.:- of the General Assembly, doorkeepers and messengers mileage for the present session.

Also, a resolution to direct the Go,ernor to appoint a

Commission to re~ise and codify the criminal laws of this

State.



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

A bill to amend an act incorporating the town of ~It. -Airy, in Habersham county.
Referred to the Committee on Corporations.

A bill to establish a City Court for the city of DuPont. Referred to the Special Judiciary Committee.

394

JouRNAL oF THE SE:-.~ATJ.~

A bill to amend the charter of the Middle Georgia and Atlantic Railway Company.
Referred to the Committee on Railroads.

A bill to change the corporate limits of the city of Rome.. Referred to the Committee on Corporations.

A bill to amend the liquor law of \Vayne county. Referred to the Special Judiciary Committee.

A bill to incorporate the SaYannah and Oconee Railroad: Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to divide the State of Georgia into eleven C011gressional Districts, etc.
Referred to the Committee on Congressional Apportionment.

A bill to amend an act to incorporate theNacoochee Valley: Railroad Company, etc.
Referred to the Committee on Railroads.
A bill to provide for the removal of obstructions from water courses, and for the drainage of land in Jackson county, and for other purposes.
Referred to the Special Judiciary Committee.
A bill to require the agents of non-resident persons, firms, companies and corporations, engaged in the business of lending money in this State, to make retunis and pay taxes
Referred to the Finance Committee.
A bill to incorporate the Farmers' and )lerchants' Bank of Georgia, and for other purposes.
Referred to the Committee on Banks.
A resolution to pay members of the General Assembly, principal doorkeepers and messengers of the House and ~enate mileage for the adjourned session of 1891.
!teferred to the Finance Committee.

WED~ESDAY, SEPTEMBER 2, 1891.

395

A resolution to direct the Governor to appoint a Com_ mission to revise and codify all the criminal laws of this State.
Referred to the Committee on Finance.

The bill of the Senate to carry into effect paragraph 4 of section 2 of article 4 of the Constitution of this State; to define what contracts are contrary to the same, and to protect the people against monopoly and secure the benefits of competition, was read the second time, and recommitted to
. the Committee on Railroads. On the call of the roll for the introduction of new matter, 1\lr. Smith, of the 6th District, introduced a bill to provide for the education of certain children residing near the State lines, etc., which was read the first time and referred to the Committee on Public Schools.

At the hour of 11 o'clock the President announced the special order, to-wit:

The hill of the House to prohibit physicians and prescription clerks in a drug establishment from practicing their profe;;:sion or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor.

The committee reported in favor of its passage, with the following amendments:

Amend section 2 by striking out the word "two" in the second line and inserting in lieu thereof the word "one."

Also, amend section 2 by striking out the word "five" and inserting in lieu thereof the word "three."

On motion of Mr. O'Neal, the amendment of the committee was amended as follows:
Strike out "one hundred" and insert "fifty," and insert "one hundred" for" three hundred" wherever it occurs.

Mr. Hodges proposed to amend the bill as follows: Amend section 2 in the second line by substituting the

396

J OGR!"AI" OF THE 8EXATE.

word "fifty" for "two hundred," and in the third lh:e "one" for "fi\e," and in the fifth line the word "third" for 'second," so that said section shall read as follows:
That a violation of the first section of this act shall be a misdemeanor, and upon conviction shall be fined not le~s than fifty dollars nor more than one hundred dollar~, and shall be liable for all damages to their patients or customers while practicing their profession or calling under the influence of intoxicants, and upon the third conYiction of drunkenness shall forfeit their license or privilege under the laws of Georgia to practice medicine or fill vrescriptions.

l\Ir. Callaway moyed to amend the bill by sti-iking out the fifth and sixth lines from the first section of the bill as printed. Also, by striking out all of section 3.

Mr. Walker proposed to amend the bill by striking out section 2 and substituting the following therefor:
SEcTrox 2. A11d be it further e11acted, That a Yiolation of the first section of this act shall be a mis'.lemeanor, and upon conviction shall be fined not less than fifty dollars nor more than one hundred dollars for each offence, and shall be liable for all damages to their patients or patrons while practicing their profession or calling while under the influence of intoxicants.
Amend further by striking out all of section 3.
Mr. Candler mo,ed to amend by adding the following proviso to the third section :
Provided, That the proYitions of this act shall not apply to the counties composing the 8th, 17th, 20th, 30th, 40th, 18th and 21st Senatorial Districts.

Mr. Terrell submitted the following as a substitute for the pending bill, as amended, and all proposed amendments, to-wit:
A bill to prohibit physicians or prescription clerks in a drug establishment from pursuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, and to provide a penalty therefor, and for other purposes.

\YEJJ:\ESDAY, SEPTE:\IBER :2, 1891.

o97

SECTIOX 1. Be it en~cted by the General A.~sembly of Georgia, That from and after the passage of this act, no physician or prescription clerk in a drug establishment in this State shall be allowed to practice medicine, or fill a prescription, who may become drunk from the use of either intoxicating liquor or opiates, while he or they are offering his or their professional serYices to the public, or in actual service.
SEc. 2. And be it further enacted, That a Yiolation of the 1st section of this act shall be a misdemeanor, and upon conviction shall be fined as prescribed in section 4310 of the Code, and shall be liable for all damages to their patients or customers while practicing their profession or calling while under ~he influence of intoxicants.
SEc. 3. And be it fnrther enacted, That all laws and parts of laws, in this State, in conflict with this act are hereby repealed.
Mr. Warren moved to indefinitely postpone the entire subject-matter pending, and on this motion, Mr. Candler demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are :Messrs.-

Beard, Beck, Cabaniss, Callaway, Cand er, CulYer,

Harlan,

Vincent,

Inine,

"'alker,

Johnson of 21st Dist., 'Varren,

:\IcRae,

Witcher,

O'Xeal,

Zachry.

Those who voted in the negative are ::\Iessrs.-

Bennett, Brown, Culpepper, Eas<n, Ellington, Flint, Gill, Golden,

Hill,

Smith of 6th Dist.,

Hodges,

Smith of 28th Dist.,

Johnstun, of 29th Dist.,Striekland,

Lane,

Tatum,

)lullis,

Terrell,

~unnally,

Todd,

Patton,

Williams.

There are ayes 16; there are nays 22.

So the motion to indefinitely postpone did not prevaiL

On motion of ::\Ir. Ellington, amended by l\Ir. \Varren, the ses!':'ion was extended to lO :15 P. li.

398

JOVRNAL OF THE SENATE.

Mr. Warren called for the previous question.

The call was sustained, and the main question was ordered and put.

The several proposed amendments, as spread on the Journal in full, except the substitute offered by ~Ir. Terrell, were submitted in their order to a vote of the Senate and lof,t.

The question recurring on the substitute of Mr. Terrrell for the hill as amended, and the amendments proposed, the same was adopted.

The report of the committee, as amended by substitute, was agreed to.

The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were demanded and recorded.

Those who voted in the affirmative are Messrs.-

Bennett, Brown, Culpepper, Culver, Eason, Ellington, ]t'Jint, Gill,

Golden,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Stricklanj,

Johnston of 39th Dist., Tatum,

I.ane,

Terrell,

Mum~.

Todd,

Nunnally,

'Villiams,

Patton,

Z:~chry.

Those who voted in the negative are 1\Iessrs.-

Beard, Beck, Cabaniss, Callaway. Candler, Culver,

Harlan, Irvine, Johnson of :!1st Dist., Lamb, McRae,

O'Xeal, Vincent, 'Valker, 'Varren, Witcher.

There are ayes 23; there are nays 16.

So the bill was passed, as amended, by substitute by a constitutional majority.

Leave of absence for a few days on special business was granted Mr. Bennett.

\VEDNESDAY, SEPTEMBER 2, 1891.

399

Under the suspension of the Rules, the following bills -were introduced, read the first time and referred as indi-cated, to-wit:
By Mr. Cabaniss-
A bill to alter and amend an act to authorize the Mayor .and Council of the city of Forsyth to issue certain bonds, .and for other purposes, approYed November 13, 1889.
Referred to the Committee on Finance.

By l\Ir. Ellington-
A bill to require the records and papers of County Courts which have been or may be abolished, deposited in the Clerk's office of the Superior Courts of the counties in which such County Courts have been or may be abolished, .and for other purposes.
Referred to the General Judiciary Committee.
l\Ir. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:

Mr. President:

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

An act to- authorize the city of Augusta to provide by ordinance for a registration of voters in each ward of the city; for a Registry Clerk in each ward; to limit the time for registering and closing said registry, to regulate the same, and for other purposes.

Respectfully submitted.

IRVINE, Chairman pro tem.

l\Ir. Cabaniss, Chairman of Committee on General Judiciary, submitted the following report:
Mr. President: Your committee ha,e had under consideration the fol-

400

Jo~RXAL OF THE SENATE.

lowing House bills, which they instruct me to report back,_ with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 3331 of the Code so as to give the lien of an attachment priority over that of an ordinary judgment obtained on a :mit filed after the levy of the attachment.

Also, a bill to be entitled an act to amend an act entitled an act to amend the charter of Athens, so as to authorize the l\Iayor and Council of said city to improve the streets of the saille, and for other purposes.
Also, the following House bills, which they instruct me to report back, with the recommendation that the t"ame do not pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to provide for the keeping of a record in each county in this State of the wild lands lying and being therein, and to regulate the manner of giYing in wild lands for taxation in this State.
Also, a bill to be entitled an act to proYide that all garden, field and grass seed sold in this State shall have branded, or printed, on the sacks, or packages, in which sold, the year in which said seed were grown, to provide a penalty for the violation of the same, and for other purposes.
Also, the following Senate bills, which they i'nstruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 1705 of the Code of 1882.
Also, a bill to be entitled an act to further provide for the lien of mechanics, materialmen, contractors and laborers, and for other purpose<;.

Also, the following Senate bill, which they instruct me to report back, with the recommendation that the a me do pass, as amende~, to-wit:

THURSDAY, SEPTEMBER 3, 1891.

401

A bill to be entitled an act to regulate the fees of Solicitors-General and Solicitors of County Courts in reduced felony cases.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
.\. bill to amend article 7, section 1, paragraph 1 of the Constitution of 1877, and for other purposes.
Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to repeal section 3910(a) of Code of 1882, and for other purposes.
Also, a bill to be entitled an act to require the Grand Juries of this State to reduce to writing all evidence produced before them on all indictments and presentments, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.

The Senate, on motion, adjourned until 10 o'clock A. l\I. to-morrow.

SENATE CHAMBER, ATLA.:NTA, GEORGIA, Thursday, September 3, 1891, 10 O'clock A. M.

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

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

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

Beard, Beck,
26

Golden, Harlan,

Smith of 6th Dist., Smith of 28th Dist.,

402

JovRNAL oF THE SENATE.

Boyd, Brown, 'Cabaniss, Callaway, Candler, 'Culpepper, 'Culver, Eason, Ellington, Flint, Gill,

Hill,

Stricklanu,

Hodges,

Tatum,

Irvine,

Terrell,

.Johnson of 21st Dist., Todd,

Lamb,

Yincent,

Lane,

Walker,

McRae,

'\Varren,

Mullis,

'\Yitcher,

Kunnally,

Zachry,

O'Keal,

;\Ir. President.

Patton,

The Journal was read and appro\ed.

Mr. Irvine, Chairman protem. of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to exempt from jury duty certain members of tlw Oglethorpe Infantry.
Respectfully submitted. \Y. T. lRYINE, Chairman protem.

l\Ir. Inine, Chairman of the Committee on Public Schools, submitted the following report:
Mr. President:
Your committee ha \'C hatl under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to establish a system of Public Schools for the town of Toccoa City, to empower the :Mayor and Council of said to\vn to levy and collect a tax for the support and maintenance thereof, to auth<,rize the County School Commissioner of Habersham county to pay over to the Board of Education of said public school such

THURSDAY, SEPTEMBER 3, 1891.

403

pa.rt of the State school fund a3 may be the just pro rata .share of said town, and for other ,purposes.

Respectfully submitted.

W. T. IRVINE, Chairman.

The following message was received from the House of Representatiws through :M:r. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following bills, by the requisite majority, to-wit:
A bill to provide for the admission in evidence of certain exemplifications of the records and minutes of municipal corporations.
Also, a bill to incorporate the Washington Guarantee and Loan Company.
Also, a bill to incorporate the town of Hoschton, in Jackson county.
A resolution to appropriate $500 for repairing the roof of the Capitol.
Also, a bill to amend section 4372 of the Code of 1882.
Also, a bill to require all railroad companies in this State to furnish equal accommodations on their trains for white and colored passengers.
The House has passed the following bill of the Senate, with certain amendments thereto, by the necessary twothirds of all the members elect, to-wit :
A bill to alter and amend article 3, section 7, paragraph 18 of the Constitution of the State, and for other purposes.
The House has passed, by requisite majority, the following bill of the Senate, to-wit:
A bill to amend an act entitled an act to amend an act incorporating the Cincinnati, Georgia and Florida Railroad Company, said amended act approved August 14, 1891.

404

JoURNAL OF THE SENATE.

)lr..Johnson, Chairman Committee on Railroads, submitted the following report:

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

A bill to be entitled an act to make all railroad companies, express companies and other common carriers in this State carrying freight or goods of any kind over their respective lines, delivering same at points of destination, and charging and collecting carriage fees therefor, liable to the person or persons to whom freight or guods of any kind may be delivered for all overcharges in freight or carriage fees, for all damages to all loss of or shortage in freight or goods dehYered by them.
Respectfully submitted. RICHARD JoHNSON, Chairman.

)lr. Candler, Chairman Committee on Corporations,. submitted the following report:

Jfr. PreBident:
Your committee have had under consideration the following House bills, which they instruct me to report back,. with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to change the corporate limits of the city of Rome, Georgia.
Also, a bill to be entitled an act to amend an act incor- porating the town of Mount Airy, in Habersham county.
Respectfully submitted. \V. E. CA!><DLER, Chairman.

Leave of absence was granted l\Iessrs. Johnston, of the 39th District, and Gill for a few days on account of sick- ness, and to l\Ir. Patton on important business.
The following bill of the House, which was adversely re--

THURSDAY, SEPTEMBER 3, 1891.

405

-ported, was taken up and lost by agreement with said re-port, to-wit:

A bill to amend an act to provide for the keeping of a record in each county of this State .of the wild lands lying .and being therein, and for other purposes.
1
The bill of the House requiring all garden, field and grass seeds to have the year in which grown endorsed on the packages in which sold was, on motion of l\Ir. Harlan, laid on the table, the same ha,ing been taken up under .adverse report.

The following message was recei,ed from the Governor, through l\Ir. W. H. Harrison, Secretary of the ExecutiYe Department :
Jl!r. President :
The Governor has approved the following acts of the General Assembly, to-wit:
An act to amend an act to incorporate the Atlanta and Edgewood Street Railroad Company, approyed December 24, 1886.
Also, an act to provide a system of registration for the county of Echols.
Also, an act to amend an act to incorporate the Louisville Branch Railroad Company so as to authorize said company to borrow money necessary for the constructicm and equipment of said road.

Also, an act to amend an act to incorporate the Louisville Branch Railroad Company, approved August 24, 1872, so as to authorize an increase of the capital stock of said company.

Also, an act to incorporate the Jackson Savings and. :Banking Company.

Also, an act to incorporate the Alco''Y and Northern Railroad Company.

403

Jo~;RXAL OJ<' THE SENATE.

Also, an act to incorpomte the Bank of Social Circle.
Also, an act to incorporate the Bank of Jug Tavern.
Also, an act to prohibit the manufacture or sale of ~pirituous liquors within four miles of Level Creek Church, in Gwinnett county.
.Also, an act to incorporate the Tallapoosa Street Railway Company.
Also, an act to incorporate the Bank of Cochran.
Also, a resolution instructing the Governor to appoint an Assistant Attorney-General of this State.
On motion of )lr..Johnson, fifty copies of the bill of the Senate to make all railroads, express and other companies and common carriers in this State responsible for all damages by loss, shortage, etc., of goods transported and delivered by them, were ordered to be printed for the use of the Senate.
The following bills of the Senate were taken up under adverse reports of committees, and lost by agreement with Raid reports, to-wit:
A bill to repeal section 3910(a) of the Code.
And a bill to require Grand Juries of the State to reduce to writing all eYidence taken before them on indictments or rresentments.
Under a smpension of the Rules, )lr. l\Iullis introduced a bill to amend so much of the 8th section of the act incorporating the town of HawkinsYille, which was read the first time and referred to the Committee on Corporations.
The following bills of the House were read the first time and referred as indicated, to wit:
A bill to amend section 437:2 of the Code. Referred to the General Judiciary Committee.
A bill to incorporate the Georgia Banking and Loan Company, of Atlanta, Ga.
Referred to the Committee on Banks.

THVRSDAY, SEPTEMBER 3, 1891.

407

A bill to amend the charter of the Abbeville and Waycross Railroad Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to require all railroad companies in thiR State to furnish equal accommodations on their trains for \Yhite and colored passengers, etc., and for other purposes.
Referred to the Committee on Railroads.

A bill to incorporate the Washington Guaranty and Loan Company, and for other purposes.
Referred to the General Judiciary Committee.

A bill to incorporate the Georgia l\Iineral Railroad, and for other purposes.
Referred to the Committee on Railroads.

A hill to provide for the admission in evidence of certified exemplifications of the records and minutes of municipal eorporations.
Referred to the General Judiciary Committee.

A bill to incorporate the town of Hoschton, in Jackson eounty, Georgia.
Referred to the Committee on Corporations.

And, a resolution to appropriate $500 for the painting or repairing the Capitol building.
Referred to the Finance Committee.

The bill of the House to change the corporate limits of the eity of Rome, Georgia, was read the second time and passed to a third reading.

}lr. Cabaniss, Chairman pm tem. of the Committee on Rules, submittPd the following report:

.lfr. Ptesident:
Your committee have had under consideration the following House resolution, which they instruct me to repor~

408

JOURNAL OF THE SENATE.

back, with the recommendation that the same do pass, as amended, to-wit:

Resolved by the House, the Senate concurring, That the General Assembly adjourn .sine die September 18, 1891, at noon.
Respectfully submitted. T. B. CABANIS3, Chairman protem.

On motion of Mr. Cabaniss, the report of the Committee on Rules on the resolution mentioned therein was taken up..
The committee reported in favor of concurring therein, with the following amendment, to-wit:

Amend by adding the words: "Or so soon thereafter as practicable, having a due regard for the public business.''

This amendment was adopted.

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, as amended, the ayes and na~s were, by Mr. Cabaniss, demanded and recorded.
Those who voted in the affirmati,e are Messrs.-

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

Gill, Golden, Harlan, Hill, Hodges, Irvine, Johnson of 21st Di!!t., Lamb, Lane, l\:lcRae, 1\Inllis, Xunnally,

O'Neal, Patton, Smith of 6th Dist., Smith of 28th Dist., Strickland, Tatum, Terrell, Todd, Yincent,
'Valker, 'Varren, Zachry.

There are ayes 36; there are nays 0.

So the resolution, as amended, was concurred in by constitutional majority.
or- On motion m. ~ir:t; this resoftition was ordered to

THURSDAY, SEPTEMBER 3, 1891.

409

be immediately transmitted to the House of Representa. ti\es.

At the hour of 11 o'clock the President announced the .special order, to-wit:

The bill of the Senate to extend the term of the common schools to six months; to establish a permanent school fund and provide for the disbursement thereof; to prescribe the duties of the officers connected therewith; to amend and consolidate existing school laws, the same having been reported favorably by the Committee on Public Schools.

The bill was, on motion, taken up by sections.
The first, second and third sections were severally read and adopted.

Pending action on the fourth section, the bill was, on motion of Mr. O'Neal, made the special order for to-morrow, immediately after the reading of the Journal.

On motion of Mr. Culver, the Rules were suspended, and the Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend section 620 of the Code of 1882, and for other purposes.

The committee reported in fa,or of its passage by substitute, which was adopted, and the report was agreed to.

The bill was read the third time, and passed, as amended by substitute, by constitutional majority, ayes 33, nays 0.

Mr. Candler, Chairman of the Committee on the LandScrip Fund, submitted the minority report of said committee. On his motion, one hundred copies of said minority report were ordered to be printed for use of the Senate, and that the same lie on the table until delivery of the printed copies.

The following bills of the House were read the second ~nd Q_assed to a third readin!k ta : t ~

A bill to amend section 3331 of the Code, etc.

410

JOURNAL OF THE SENATE .

A bill to amend .the acts of February 22, 1873, August 20, 1872, December 11, 1871, relating to the establil"hment of a Board of Commissioners of Roads and ReYenues for Dougherty county, to change the term of office thereof, and for other purposes.
A bill to amend the charter of the town of ::\It. Airy, in Haber::;ham county.
A bill to amend an act to amend the charter of Athens, ~o a~'> to authorize improvement of the streets of said city. and for other purposes.
A bill to change the term of office of the ::\Iayor and Councilmen of the city of Dalton.
A bill to locate the office of Tax-Collector of Laurens county.
A bill to authorize the ::\Iayor and Council of Dalton, \ ht., to elect a Board of \Vater CommiHsioners, etc.
A bill to repeal an act prohibiting persons from fishing or hunting on the land of another in the county of Telfair.
A bill to establish a system of public schools for Toccoa City, and for other purposes.
Also, a bill to incorporate the Farmers' and :Merchants' Bank of Georgia.
Leave of absence was ~:anted ~Iessrs. Warren and CulYer for a few days on special business.

::\Ir. O'Xeal, Chairman of the Committee on Banks, subIllitted the following report:
JJ,., P,e8ident :
Your committee have under consideration the following House bill, which they instruct me to report back, \dth the recommendation that the same do pa~'<s, to-wit:
A hill to be entitled an act to incorporate the Farmers' and :Merchants' Bank of Georgia, to define its powers and privileges, and for other purposes.
::\L\.STON O'XEAL, Chairman.

THURSDAY, SEPTE:IIBER 3, 1891.

411

:\Ir. lnine. Chairman pro tem. of the Committee on Enrollment, submitted the following report:

Your committee on Enrollment report as properly enrolled, and ready for the signatures of the President and the Secretary of the Senate the following act, to-wit:
An act to amend an act entitled an act to amend an act incorporating the Cincinnati, Georgia, and Florida Railroad Company, said amended act approved August 14, 1891, and for other purposes.
Respectfully submitted. ,V. T. IRVI~E, Chairman pro tern.

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

A bill to regulate the fees of Solicitors-General and Solicitors of County Courts in reduced felony cases.

A bill to incorporate the town of Culverton, in Hancock county.

A bill to regulate the appointment, term of office and remO\al of physicians of the Lunatic Asylum, and for other purposes.

A bill to further proYide for the lien of mechanics, ma-

terialmen, contractors and laborers, and for other purposes.

A bill to amend section 1705 of the Code of 1882.

r,

Also. a bill to amend article 7, section 1, paragraph 1 of the Constitution of 1877, and for other purposes.

The bill of the House to provide for registration of voters in Talbot county, and for other purposes, was read the second time and passed to a third reading.

The Senate took up the report of the Committee on Corporations on the bill of the House to give the President and Directors of the Hancock Fair Association authority to

412

JoURXAL OF THE SEXATE.

polire the grounds of said A>l~ociation and the approaches thereto.

Proof ot legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 30, nays 1.

The Senate took up the report of the General Judiciary Committee on the bill of the House to establi~h a Whipping Boss for the county and municipal chain-gangs, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.
The Senate took up the report of the General .T udiciary Committee on the bill of the House to permit the Treasurer or Tax-Collector of any city, town or other municipal corporation to issue prtleess of garnishment for taxes due said city, town or other municipal corporation.
The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize the payment of certain bills incurred for publishing the general presentments of the Grand Juries of Richmond county.
Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time, and pa>sed, ayes 27, nays 0.

The Senate, having dispo5ed of all busine5s on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow.

FRTDAY' SEPTE~IBER 4, 1891.

413

SE:-l"ATE CHAliBER, ATLANTA, GEORGIA,
Friday, September 4, 1891, 10 O'clock A.M.

The Senate met pursuant to adjournment, 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 name8 :

Beard, Beck, Boyd, Brown, Cabaniss, "allaway, Candler, Culpepper, Eason, Ellington, Flint, Golden,

Harlan,

Smith of 6th Dist.,

Hill,

Smith of :!8th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Lamb,

Todd,

Lane,

Yincent,

)feRae,

'Valker,

Mullis,

Witcher,

Xnnnally,

Zachry,

O'Neal,

l\lr. President.

The Journal was read and approved.

LeaYe of absence was granted 1\Iessrs. Williams and Culpepper for a few days on important business.

Immediately after the reading of the Journal the President announced the special order, to-wit:

The hili of the Senate to extend the term of the common schools to six months, to establiHh a permanent school fund and provide for the disbursement thereof, to prescribe the dutie-.; of the officers connected therewith, to amend and to consolidate existing school laws, the same having been favorably reported by the Committee on Public Schools.

The bill was, on yesterday, taken up by sections and the 1st, 2d and 3d sections were severally read and adopted.

The 4th section being first in order was taken up and read.

414

Jot:RXAL OF THE SENATE.

Mr. Ellington moYed to amend the 4th section by striking out of the 12th, 13th and 14th lines the following: " All money received by the Agricultural Department of this State for the inspection of oil and fertilizers in excef:;; of what may be neceseary to defray the expenses of said Agricultural Departement."
This amendment was lost.

1\Ir. Johnson nwYed to amend the 4th section by striking out all the section after the word ''fund" in the 5th line, and before the word ''or" in the 7th line, and insert in lieu thereof the words ''one-half the rental of the \Vestern and Atlantic Railroad, commencing January 1st, 1892.''
This amendment was lost.

On motion of Mr. Inine, the 4th section was amended by strikirig out the word ''stock" and the word "the" in the 4th line and im;erting the word "Bank," so that the sanw will read "Bank of Augusta."
The 4th section was adopted, as amended.

The 5th section was read.

1\Ir. Smith, of the 6th District, proposed to amend the 5th section as follows: ''Insert in line 21, after the word 'lines,' that pupils of this State of school age, on or near the State line, and who reside more than three miles from any public school in this State, may attend a school of like grade in the adjoining State, and the pro rata for said pupil shall be paid from the fund of the district where such pupils reside for a number of days not to exceed the public school term of this State, wheneYer the teacher of the school attended shall be duly licensed and contracted with according to the laws of such State, and shall haYe had his account approyed according to the terms of this act."
This amendment was adopted.
1\Ir. Callaway offered to amend as follows: "Amend section 5th by striking out from the 12th, 13th and 14th lines the words 'that the academic year in this State shall commence on the 15th day of XO\ember and close on the 14th

FRIDAY, SEPTEl\IBER 4, 1891.

415

-day of November following,' and insert in lieu thereof the words 'that the academic and calendar or ci,il years shall be coincident.'"
This amendment was lost.
Mr. Inine mo,ed to amend the 5th section by inserting the word "remoYal" in the 7th line, after word "or" in said line.
This amendment was adopted.
On motion of l\Ir. Cabaniss, the 5th section was further amended by substituting "first'' for "fifteenth" where the same occurs in the 13th line, and. substituting "thirty-first day of October" for "fourteenth day of NO\'ember" where these words occur in the 13th and 14th lines of the printed bill.''
The 5th section was adopted, as amended.

The 6th section was read.

Mr. Callaway proposed to amend the 6th section by striking out the same and substituting the following, to-wit :
"SEc. 6. Be it further e1weted, That the number of members of the County Board of Education, the manner of their election and their terms of office, and of recei ,ing their Commissions, and of their removal from office, filling cf vacancies, and organizatioi1 of the Board, and the election <>fa School Commissioner, and qualification of School Commissioner, and the times for holding meetings of the Board <>f Education shall be as now provided by law; Pmvided, That the members of said Board of Education shall each receive as compensation for their services the sum of two dollars for each day while in actual attendance at the meetings of the Board.''
This amendment was lost.

Mr. Hodges offered to amend the 6th section as follows: 4 'Strike out all between the word 'State' in the lOth line and the word 'number' in the 17th line."
This amendment was lost.

416

JouR:XAL OI<' THE SENATE.

::\Ir. Candler moved to amend the 6th section by ~triking out all between the word "session" in the 2ith line to the word "said" in the 29th line, and insert in lieu of the words stricken, the following: "thE'y shall be exempt from road and jury duty."
This amendment was lost.
::\Ir. Johnson proposed to amend said section by adding' at the end of the 39th line of the printed bill the words: after a full hearing of theca~~ which may be had after ten days' notice to the part,y defendant, which hearing may be in chambers or term-time."
This amendment was adopted.

On the question of adopting the 6th section, as amended~ ::\Ir. Candler demanded the ayes and nays, which were re-corded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Brvwn, Cabaniss, Culpepper, Eason, Ellington, Flint,

Golden, Harlan, Hill, Irdne, Lamb, Lane, ::\Inllis, O'Xeal,

Smith of 28th Dist. Strickland, Tatum, Terrell, Todd, Yincent, Zachry.

Those who voted in the negative are )fessrs.-

Boyd, Callaway, Candler,

Hodges,

Xunnally,

Johnson of 21st Dist., \\'itcher.

McRae,

There are ayes 23; there are nays 8.

So the 6th section, as amended, was agreed to.

On motion of l\Ir. Terrell, the further consideration of thebill was deferred until Tuesday next, immediately after the reading of the Journal.

By resolution of Mr. Cabaniss, the Hon. D. G. Pun:e, of the county of Chatham, was extended the privileges of the floor of the Senate during his visit to the capital.

FRIDAY, SEPTEMBER 4, 1891.

417

By resolution of Mr. Todd, Rev. J.' H. Cotton, of the county of Clayton, was invited to a seat in the Senate during his visit t0 this city.

1\Ir. Irvine, Chairman pro tem. of the Committee on enrollment, submitted the followir1g report:
Mr. Pre.~ident: Your Committee on Enrollment report as proper!,. en-
rolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to provide for the more speedy determination of criminal cases.
Also, an act to amend section 349.5 of the Code of 188~, and for other purposes.
Also, an act to incorporate the People's Sadngs Bank and Trust Company.
Also, an act to establish a Board of Commissioner:,; of Roa~ and. Revenues for Lumpkin county.
Also, an act to incorporate the town of Martin, in the cpunty of Franklin, to grant certain powers and pri\ileges to thP r:;ame, and for other purposes.
Respectfully :mbmitted. \V. T. IR\'IXE, Chairman pm INn.

1\h-. O'Neal, Chairman Committee on Banks, submitted the following report :

Mr: President :
Your committee have had under consideration the following House bill, which they instruct me to report back. with the. recommendation that the same do pa~s, to-wit:
A bill to he entitled an act to incorporate the Georgia Banking and Loan Company of Atlanta, Georgia, and prescribe its rights and pri Yileges.
Respectfully submitted. .MASTOX O'NEAL, Ch:tinuan.

418

JOURNAL OF THE SENATE.

Mr. Irvine, Chairman pro tern. of the Committee on Enrollment, submitted the following report:

Mr. President:
Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to amend an act to declare Councilmen and Aldermen of towns and cities ineligible during their term of office' to any other municipal office in said towns and cities, approved NO\'em ber 12, 1889, and for other purposes.

Also, an act to ratify and confirm all charters of corporations granted by the Superior Courts of this State since the passage of the act approved November 13, 1889, and for other purposes.

Also, an act to authorize any bank chartered under the laws of Georgia, or that may hereafter be chartered under the laws of this State, and which is now or may be appojnted a State Depository, in the State, in lieu of executing a bond to deposit with the Treasurer of this State fifty thousand dollars in the bonds of the State of Georgia, and to prescri~e what banks may be State Depositories, etc.

Also, an act to incorporate the Rome Savings and Trust Company.

Also, an act to incorporate the Hall County Alliance \Varehouse and Bankin.g Company.

Al.,o, an act to amend an act to incorporate the town of Adel, in the county of Berrien, apprO\ed October 3, 1889, so as to authorize the Mayor and Council of the town of Adel to issue bonds to the amount of ten thousand dollars, and for other purposes.

Also, an act to incorporate the Bank of Randolph.

Also, an act to amend the charter of the town of Swainsboro.
Also, an act to protect the water supply for the watPr-

FRIDAY, SEPTEMBER 4, 1891.

419

works of the city of Dawson, and to provide police protec, t.ion, and for other purposes.

Also, an act to incorporate the Washington Loan and Banking Company.
Also, an act to. incorporate the Thomason Banking Company of Madison, Ga.

Also, an act to incorporate the Marietta Trust and Banking Company.

Respectfully submitted.

IRVINE, Chairman pro tern.

:\Ir. Candler, Chairman of the Committee on Corporations :Submitted the following report:

Mr. President:
Your committee have had under consideration the following Honse bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
' A bill to be entitled an act to incorporate the town of Hm;chton, in Jackson county, Georgia.
Ah;o, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to repeal and amend so much Df the 8th section of the act incorporating the town of Hawkinsville, Georgia, as requires citizenship in the Marshal of said town to be eligible to office.
Respectfully submitted. \. E. CANDLER, Chairman.

:\Ir. Lamb, Chairman Committee on Congressional Appointment, submitted the following report:
.~. President :
Your committe have had under consideration the following, bill, which they instruct me to report hack, with the recommendation that it do pass, to-wit:

420

.JOURNAL OF THE SENATE.

A bill to be entitled an act to divide the State of Georgia into eleven Congres5ional Di<Stricts, ei<'.
Respectfully submitted. TnoMAS \V. LAMB, Chairman.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

M1. President :
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act t;, alter and amend, an act to authorize the ~Iayor and Council of the city of Forsyth to
issue certain bonds, and for other purposes.

Also, the following House resolution, which they instruct

me to report back, with the recommen<lation ttat the same

do pass, to-wit:



A resolution to pay members of the Gen~ral Assembly, principal doorkeepers and nwssengers of the House and - Senate, mileage for the adjourned session of 1891.

Also, the following House resolution, which they instruet

me to report back, with the reeomnlend~Siof!. that the same

do pass, as amended, to-wit:

.f.&

A resolution to appropriate $500.00, or so much thereof as may be nece~sary, for the painting or repairing of the Capitol building.

Also, the following House resolution, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A rc8olution to direct the. Uovernor to appoint a Com-
mission to revise and codify all the <riminal laws of this
':'~tate.
Respectfully submitted. J. l\1. Tro:RRELL, Chairman.

FRIDAY, HEPTEMBER 4, 1891.

421

The following bills of the House were read the second time and passed to a third reading, to-wit:

A bill to incorporate thf' town of Hoschton, etc.
A bill to incorporate the Georgia Banking and Loan Company of Atlanta, (ieorgia.

A resolution to direct. the Governor to appoint a Commission to revise and codify all the criminallawB of this State.

A bill to divl.de the State of Georgia into eleven Congres'"

sional Districts.

"

.A resolution to pay members of the General Assembly, J>rincipal doorkeepers and messengers of the House and Senate mileage for the adjourned session of 1891.

A resolution to appropriate $500.00 for painting or repair~

hg the roof of the Capitol building.

-J.

The folfowing bills of the Senate were read the second time and passed to?- third reading, to-wit:

A hill to repeal and amend the eighth section of the. act incorpd,fttting the town of Hawkinsville, Ga.

A bill to alter and amend an act to authorize the Mayor and Council of the city of Forsyth~ to issue certain bonds, and for other purposes, approved November 13th, 1889. ,

The Senate having disposed. of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clo..,k A. M': Monday next.

422

Jot:RSAJ, OJ<' THE SENATE.

SE:SATE CHAMBER, ATJ,ANTA, GFORGIA,
Monday, September 7, 1891, 10 O'clock A.M.

The Senate met purouant to adjournment, the PrPsident in the chair.

Prayer was. vffered by the Rev. !ohn Jones, D. D., Chaplain of the Senate.

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

Beard, Beck, Boyd, Brown, C.tbaniss, C.dlaway, E:tson, Ellington, Flint, Gill, llarlan,

Harp,

~mith of 28th Dist.,

Hill,

~trickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Lane,

Vincent,

?l:lcRae,

walker,

Mullis,

'Varren,

Nunnally,

Williams,

O'N t-al,

'Vitcher,

Smith of 6th Dist., Mr. President.

The Journal was read and approved.

Mr. Jryine, Chairman pro te-m. of the Committee on Enrollment. submitted the following report:

Mr. Pre8ident:
The Committee on Enrollment report as properly enrolled,. and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to amend an act to incorporate the Savannah l:-lwings Bank ahd Mortgage Company, and for other purp)t:es.
Also, an act to amend an act entitled an act to incorporate the town of Moultrie, in the county of Colquitt, todefine the limits and the powers of the same, approYed Deeernher 27th, 1890.

Also, an act to repeal an aet, approved November 13th,

MoNDAY, SEPTEMBER 7, 1891.

423

1889, with following c:Jption, to-wit: An act to require the Clerk of the Superior Courts, in each county in this State, to have prepared a suitable record book, to be kept in the Clerk's office of the Superior Court in each county, said record book to be known as the Record of SupP-rior Court Charters, and for other purposes.
Also, an act to amend paragraph or sub-section one (1) of section 1676 of the Code of Georgia of 1882, and for other purposes.
Also, an act to amend an act to incorporate the Citizens' Bank of Savannah, to provide for the merging of the citizens' :Mutual Loan Company into said bank, and for other purposes, approved September 27th, 1887.
Also, an act to authorize the Commissioners of Fulton county to refund toR. R. Johnson two hundred and fifty dollars, which sum was paid by said Johnson for a license to sell liquor by the quart for one year from the 11th day of December, 1890, and which license was never used by said .Johnson.
Respectfully submitted. \V. T. IRVINE, Chairman pro tern.

Leave of absence for a few days was granted Messrs. Glenn, Candler, Lamb and O'Neal, and to Messrs. Smith of the 28th District and Todd for the morning of to-day.
By resolution of Mr. Lane, the courtesies of the Senate were extended to Ron. T. B. Felder, of .Dublin, LaurenS' county, Ga., during his stay in the city.

Mr. Callaway offered the following privileged resolution, which was read and unanimously agreed to, to-wit:
WHEREAS, Master Hugh A. Nunnally, one of the efficient Pages of the Senate, has resigned his position as a page tG enter the High School in this city,
Re.solved by the Senate of Georgia., That we highly appreciate the uniform courtesy, politeness and efficiency exhibited towards the members by said Hugh A. Nunnally

4:l4

,JOt'RXAL OF THE SENATJ.~.

during his term of service in this body, and while all regret to part with our young friend, we wish him a pleasant and profitable session at school and eminent success through life.
a Rexnlred, That copy of these resolutions be furnisheQ.
l\la~ter Hugh A. Nunnally.
The following message was received from the House through ~Ir. Hardin, the Clerk thereof:

Jir. Prr8ident:
The House has pas!'ed the following hills, by the requisite majority, to-wit:
A hill to incorporate the Washington and Middleton Hailroad Company.
Also. a bill to create a Board of Police Commissioners for the city of Rome.
The House has concurred in the Senate amendments to the following House bill, to-wit:

A hill to establish frel' schools m the town of SummerYille, in ('hattooga county, na.
Tlw House has all'o passed, hy the requisite majority, the following Senate bill, to-wit:
A hill to incorporate the city of Chickamauga, in the eounty of Walker.
Ali;o, the following House bill, to-wit:

A hill to amend an act, approved December 2H, 1890, entit](,,} an act to change the time of holding the Superior Court of Burke county.
Al~o, a bill to amend the eharter of fhe Capitaf City Bank, and for othet purposes.
Also, a bill to inco:-porate the Chattanooga and Gulf . Railroad Company, so as to change the name of said cor-
po~on.

l\IoNI>AY, SEPTEMBER 7, 1891.
Also, a bill to create and organize a new Judicial Circuit - of the RnJWl'ior Courts of this State, and for other pur- . poses.
Al!<o, a hill tn incorporate the Irish-American Dime Savings Bank of Augusta, Georgia.
The followin~ bills of the House were read the first time and referr('<l a" indicated, to-wit:
A bill to ('reate a Board of Police Commissioners for the . eity of Homt', and for other purposes.
ReferrPd to the Committee on Corporations.
A hill to ereatP and organize a new Judicial Circuit of the Superior {'ourt of thi~ State, and for other purposes.
R~ferre<l to the G-eneral Judiciary Committee.
A bill to incorporate the Chattooga and Gult Railroad Company, aJHl for other purposes.
Referred to thP Committee on Railroads.
A hill to amend the charter of the Capital City Bank, and for other purposes.
Refern(l to t}l(' Committee on Banks.
A hill to amend an act, approved December 2H, 1890, entitled an ad to ehange the time of holding the Superior Court of Burke eounty, and for other purposes.
Referred to tlw Speeial .Judiciary Committee.
A hill to ineorporate the IriRh-American Dime Savings
Bank of Augu:;ta, Ga.
Referntl to thP Committee on Banks.
Also, a bill to ineorporate the 'Vashington and Middleton Railroad Company, and for other purposes.
Hefernd to the ('ommittee on Railroads.
By re><olution of 1\Ir: Nunnally, the courtesies of the Senate were exkntle(l to Dr. T. 0. Powell, of 1\Iilledge,ille, and Dr. Eug-enE' Pn,.ter, of Augusta, Ga.

426

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Banks-. on the bill of the House to incorporate the Georgia Bank-ing and Loan Company of Atlanta, Georgia, and for other purposes.
The' report was agreed to.
The bill was read the third time and passed, ayes 24~ nays 0.

The Senate took up the report of the Special .Judiciary Committee on the bill of the House to authorize the l\Iayor and Council of Dalton to elect a Board of Water Commissioners, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24,. nays 0.

The Senate took up the report of the Finance Committee on a resolution of the House to appropriate $500, or somuch thereof as may be necessary, for the painting or repairing the roof of the Capitol.

The committee reported in favor of concurring therewith,. with certain amendments, which were adopted, and the report was agreed to.

The resolution w'hs read the third time, and on the question of concurring therewith, the ayes and nays were recorded.

Those who voted in the affirmative are :Messrs.-

Beard, Beek, Boyd, Brown, Cabanis8, Callaway, Eason, Ellington, Flint,

Golden, Harlan, Harp, Hill, Hodges, Irvine, Johnson of 21st Dist., Lane, McRae,

Nunnally, ~mith of 6th Dist.,. Strickland, Tatum, Terrell, Vincent, \Varren, Witcher.

There are ayes 26; there are nays 0.

MoNDAY, SEPTEMBER 7, 1891.

~427

So the resolution was concurred in, as amended, by constitutional majority.

The Senate took up the report of the Finance Committee

on the bill of the Senate to alter and amend an act to

authorize the Mayor and Council of the city of Forsyth 'to

issue certain bonds, and for other purposes, approved No-

vem her 13, 1889.



Proof of legal notice was submitted.

The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

'rhe Senate took up the report of the Special Judiciary Committee on the bill of the House to change the term of office of Mayor and Council of the city of Dalton.

Proof of legal notice w.as submitted. The r~port was agreed to.

The bill was read the third time and passed, ayes 25, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved February 22, 1873, and the acts approved August 20, 1872, and December 11, 1871, to which the same is amendatory so far .as relates to the establishment of a Board of Commissioner:> of Roads and Revenues for Dougherty county, etc., and for other purposes. .
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.

Th, Renate took up the report of the Special Judiciary Committee on the bill of the House to locate the office of Tax-Collector of. Laurens county, and for other purposes.
Proof of legal notice was submitted.

Jou&NAT. oF THE SENATE.
The report was agreed to. The bill was read the third tinlt' ~tllfl pa;;sed, ayes 25, nays 0.
The Senate took up the report of tlw ( 'otlllllittee on Corporations on the bill of the House to amend the charter of the city of FloYilla, in Butts county, litor.!!ia.
.Proof of legal notice was suhmittl'l. Th( report was agreed to.
The bill was read the third timt, and pa;.:sed, ayes 24, nays 0.
::\Ir.Johnson, Chairman Committt( on H:tilroads, submitted the following report:
Your committee hav-e had under eon::;idt-tation the following House bills, which they instruet me to rPport hack, with recommendation that the sanw do pa:<:<. to-wit:
A _hill to be entitled an act to atllt'tlll the tharter of the Fairmount Yalley Railroad Com1iany, apprond Non~mber, 1HR9, and for other purposes.
A hill to he entitled an aet to anHwl t hl' oharter oi the Middle-Georgia and Atlantic Railwa.' Con1pany.
A bill to be entitled an aet to amewl aJl aet to incorporate the Abbeville and 'Vaycross Railroaol t'olllpany; to define its rights, powPrs, pri Yilege><, etc., awl for ot h1r purposes.
Your.committee also recommend that tlw following House hills do pass, as amended, to-wit:
A hill to he entitled an act to amend au aet to incorporate the Nacoochee Yalley Railroad Company, and to define its rights and privileges, and for other pnrp..;;t:-.
A bill to be entitled an act to inmrporate tlw Georgia, Yirginia and Baltimor(' Railroad Company.
A bill to he entitled an act to ineorporate the Sayannah

1\InN 1H Y, SEPTE)!BER 7, lfl91.

42H

and Oconee ltailroad Company, to define it;; rights and privileges, an(l for other purposes.
A hill to lw l'ntitled an act to incorporate the Georgia Mineral RailroaL and for other purposes.
Respectfully ,:uhntittPtl. RrcHARD .JoHxsox, Chairman.

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

porations on the bill of the House to change the corporate

limits of RomP, UeorgJa.

.

Proof of legal notice was submitted.

The report was agn;ed to.

The bill wa,; nad the third time and passed, ayes 24

n~sQ



The Senate took up the report of the Commitle on Banks on the bill of thP House to incorporate the Farmers' and Merchants' Bank of UPotgia, and for other purposes.

The report was agn!'d to.

The bill wa;: nad the third time and passed, ayes 2.1, nays 0.

The following hilb of the Senate were taken up for the third reading, and laid on the table, to-wit:
A bill to anl!'nd article 7, section 1, paragraph 1 of the Constitution of 1~77.
;\ Also, a bill tn pn,writ.e the fees of Solicitors-General and Solicitors of ( ~ounty <'onrts in reduced felony cases.
The Senate took up the report of the Committee on Pub-
he Schools on the bill of the House to establish a system of
public schools for the town )f Toccoa City, and for other purposes.
Proof of legal notieP was submitted.
The report wa:< a~l'!'l'!l to.
The bill was nad thP third time and pa:::sed, ayes 24, nays 0.

430

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act incorporating the town of Mt. Airy, in Habershameounty.
Proof submitted.
The report was agreed to.

The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act entitled an act to amend the charter of Athens so as to authorize the Mayor and Council of said city to improve the streets of the same, and for other purposes.
Proof submitted.
The r('port was agreed to.
The bill was read the thirrl time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Hoschton, in Jackspn county.
Proof submitterl.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
up The Senate took the report of the Special J udieiary
Committee on the bill of the House to provide for the reg- istration of the qualified yoters of Talbot county, and for other purposes.
Proof submitted.
The report was agreed to. The bill was read the third time and passed, ayes 24, nays 0..
'fhe Senate took up the Report of the Special .Judiciary Committee on the hill of the House to repeal an act to pro-

TuESDAY, SEPTEMBER 8, 1891.

431

bibit any person from hunting or fishing on the lands of .another in the county of Telfair, except by written consent, .and for other purposes.
l'roof submitted.
The repor. was agreed to.
The bill was read the third time and passed, ayes'24, nays 0.
The Senate having disposed of the business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. 1\1. to-morrow.

SENATE. CHAMBER, A'l'LANTA, GEORGIA,
Tuesday, September 8, 1891, 10 O'clock A. M.

The Senate met pursuant to adjournment, the President

in the chair.



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

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

Beard, Beck, Boyd, Brown, Cabaniss, Callaway, Eason, Ellington, Fiint, Golden, Harlan, Harp,

Hill,

Smith of 6th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lane,

Vincent,

L!lnier,

walker,

McRae,

Warren,

Mullis,

Williams,

Nunnally,

Witcher,

O'Neal,

Zachry,

Rmith of the 28th Dist.Mr. President.

The .Journal wat> read and approyed.

Under a suspension of the Rules, Mr. Strickland ofiered a resolution to require the Superintendent of Public Buildings to ha,e the elevator operated during the remainder of the session.

432

.JOt!RNAL OF THE SENATE.

The resolution was, on motion, taken up. agntd to and ordered to be immediately transmitted to the Hour:e.
Under further suspension of tlw Rule:;, ~Ir. f ni ne introduced the following bill, which was read tlH tir~t time and referred to the Committee on Railroads, to-wit:

A bill to make Railroad Companies doing hw;ines:; 111 this State liable for damages in certain ca8e::l ;:lw<'ified."
~lr. Irvine, Chairman pro tem. of the Commitke on En rollment, submitted the following report :
Mr. President: Your Committee on Enrollment report as properly en-
rolled, and ready for the signatures of the l're:o'icl('nt and Secretary of the Senate, the following acts, to-wit:

An act to establish a whipping boss for (ount.' and municipal chain-gangs, now established and hereafter e:;tablished in this State, and to prescribe the manner in \\'hieh they shall be appointed, their terms of office, l'te.

Also, an act to _permit the Treasurer or Tax Collector of any city, town or other municipal corporation to isstu process of garnishment for taxes due said city,' town or other municipal corporation.

Also, an act to make Tax-Collectors in all thl' eountieil of this State, which contain: a population of :o'tnnty-11\-e thou8a.nd (75,000) ormore, ex officio Sheriffs in cPrtain ra8ct:, and to allow them to appoint Deputies, etc.

Also, an aet to change the time of holding tl1v :-;uperio:: Court of Dodge eounty.
Also, an act to provide for the 'appoint1nent of a Board of Yisitors to the Georgia Normal and Indul'trial Collegt, which is a hraneh of the University of(i-eirgia. to preserilw their powers and duties, to fix their compensation, Pte.
Also, an act to authorize the ~layor and CounZ~il of tlw city of Albany, Georgia, to straighten that port inn of .la<'k. son street lying between Broad street and tlw allPy running

TuEsDAY, SEPTEMBER 8, 1891.

433

east and west between Jackson and Washington streets, and parallel with Broad and Commerce streets, etc.

Also, an act to amend the charter of the town of Austell.

Also, an act to amend section 473 of the Code of 1882.

Also, an act to incorporate the town of Stellaville, in the county of Jefferson, and State of Georg1a, to define the limits of the same, provide for officers to govern it, prescribe their duties, etc.

Also, an act to authorize the City Council of Augusta to appoint the Orderly Sergeant Clerk ofthe Recorder's Court, etc.

Also, an act to repeal an act to confirm an ordinance of the City Council of Augusta, entitled an ordinance to create a sinking fund, passed March 10, 1877, etc.

Also, an act to establish a system of public schools in t.he town of 'Vashington, Georgia, to provide for raising revenue to maintain said schools, to authorize the County School Commissioner of Wilkes county to pay over to the Board of Education of said public school such part of the State school fund as may be their just pro rata share.

Also, an act to provide for a Solicitor for the County Court of Butts county, Georgia, etc.

Also, an act to amend, revise, supersede and consolidate the General Acts granting corporate authority to the town of Carrollton, to confer additional power upon the Mayor and City Council of Carrollton, to extend the limits of said city, etc.

Also, an act to amend and revise the charter of the town of Stone Mountain, in DeKalb county, to provide a new charter, and for other purposes.

Also, an act to authorize the Board of Education of Houston county to sell the public school lot in Perry1 Georgia, to make deed thereto, etc.
28

434

JOURNAL OF THE SENATE.

Also, an act to incorporate the Bank of Demorest, in Habersham county.
Also, an act to amend an act to incorporate the Toccoa Banking Company, in the city of Toccoa, Habersham county, Georgia.

Also, an act to incorporate the town of Kite, in the county of Johnson.

Also, an act to incorporate the Jefferson Street Bank, of Madison, Ga.

Also, an act to create a Board of Commissioners of Roads and Revenues for Ware county and for other purposes.

Also, an act to provide for the paying of the County Commissioners of Brooks county.

Also, an act to incorporate the Southern Mutual Acciient Association, of Macon, Georgia.

Also, an act to amend an act to incorporate the Merchants' !l.nd Farmers' Bank ofQuitman, Georgia.

Also, an act to amend an act to incorporate the Bank of Smithville, Georgia.
Respectfully submitted. W. T. IRVINE, Chairmanpro.tem.

Mr. Irvine, Chairman pro tem. Committee on Enrollment, submitted the following report:
Mr. President:
The Committee on Enrollment report as duly enrol!ed, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:
An act to amend an act entitled an act incorporating the Cincinnati, Georgia and Florida Railroad Company, approved August 14, 1891, and for other purposes.
An act to incorporate the town of Hardaway, in Dougherty county, defining its powers and privileges, etc.

'l'UESDAY, SEPTEMBER 8, 1891.

435

An act. to change the Ninth Regiment of Georgia Voltmtcers to the Third Regiment of Georgia Volunteers.

An act to amend an act incorporating the town of Acree on the line of Dougherty and Worth counties.
An act to fix the salary of the County Treasurer of Fulton county at $2,500.

An act to prohibit in this State the holding of more than one county office by one person at any one time.

An act to create a Board of Commissioners of Roads and Revenues in the county of Towns.

An act to establish a Board of Commissioners of Roads and Revenues for White county.

An act to amend the charter of the Atlanta and Alabama Railway Company, approved December 27th, 1886.

An act to amend the charter of the town of Camilla, Mitchell county.

An net to amend the charter of the Washington and Elberton Railroad, approved December 27th, 1886.
An act to incorporate the Fairburn Banking Company.

An act to incorporate the Merchants' and Farmers' Bank, of Boston.

An act to establish Free Schools in the town of Summerville, Chattooga county.
An act to give the President and Directors of the Hancock Fair Association authority to police the grounds of said Association and the approaches thereto.

An act to authorize the payment of certain bills incurred for publishing the general presentments of the Grand Juries of Richmond county.
An 2.ct to incorporate the town of Arabi, Ga.
A resolution providing for the indexing of the Journals

4!.)6

JOURNAL OF THE SEXATE.

of the House and Senate for the se3sion of 1891, and appropriating money therefor.
Also, an act to incorporate the Southern Fire Insurance Company of the State of Georgia, to define its right8, powers and privileges, etc.
Also, an act to amend an act incorporating the Cartersville and Evinsville Air Line Railroad Company, approved December 26, 1886, etc.
Also, an act to amend the act incorporating the town of Blakely, in the county of Early, etc.
Also, an act to incorporate the Blackshear Bank, to define its powers, etc.
Also, an act to provide a new charter for the town of East Point, in the county of Fulton, etc.

Also, an act to amend an act entitled an act to incorporate the Home, Loan and Banking Company of Atlanta, approved the 26th of December, 188t>.
Respectfully submittel. \V. T. IRVINE, Chairman pro tem.

"Mr. Irvine, Chairman protem. Committee on Enrollment, submitted the following report.
llfr. Pre.sident:
Your Committee on EnroUment report as properly en" rolled and ready for the signatures of the President and Secretary of the Senate the following act, to-wit:
An act to incorporate the city of Chickamauga, in the county of Walker, etc.
Respectfully submitted. \V. T. IRYIXE, Chairman pro tem.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

TuEsDAY, SEPTEMBER 8, ::.8:n.

437

Mr. President :
The House has concurred in the Senate amendments to the following bills bf the House, to-wit:

A bill to amend an act to incorporate the town of Leary, in the county of Calhoun.

Also, a bill to amend an act to incorporate the Georgia, Carolina and Northern Railway Company.

Also, a bill for the relief of E. H. Shackleford and Z. J. Odom, securities on the bond of Stonewall Jackson.

Also, a bill to authorize the Mayor and Council of Dalto!l to retire certain bonds and provide for the issue of new bonds.

Also, a bill to amend an act to incorporate the town of Bowersville, in Hart county.

Also, a bill to authorize the Clerk of the Board of Commissioners of Roads and Revenues of Carroll county to administer oaths and to provide a salary for said Clerk.

Also, a bill to reimburse the State Chemist for funds expended by him in making analyses of fertilizers.

Also, a bill to incorporate the Atlanta, Southern and

Western Railroad Company.

.

Also, a bill to amend section 3703 of the Code of 1882.

Also, a bill to incorporate the Ludale Milling and Transportation Company.

Also, a bill to amend section 719(i) of the Code.

Also, a bill to incorporate the Atlanta, Americus and Florida Railroad Company.

The House has also passed the following bills of the Senate, with certain amendments thereto, by the requisite majority, to-wit:

A bill to incorporate the Atlanta, Hapeville and Manchester Railroad Company.

438

JoURNAL OF THE SENATE.

Also, a bill to amend an act to amend an act incorporating the Louisville Branch Railroad Company, so as to authorize the extension of said road.
Also, a bill to incorporate the town of Nelson, in the counties of Cherokee and Pickens, etc.
Also, a bill to incorporate the city of Hapeville and for other purposes.
Also, a bill to incorp?,rate the town of Etna, and for other purposes.
The House has also passed the following House bills, to-wit:
A bill to amend section 8 of an act establishing a public school system for Covington, approved October 13, 1887, so as to provide how much of the public school fund of Newton county shall be paid to said schools.
Also, a bill to amend the charter of the city of Atlanta
Also, a bill to incorporate the East and West Rail way Company.
Also, a bill to incorporate the town of Hiram, in the county of Paulding.
The President announced the special order, to-wit: The bill of the Senate to extend the term of the common schools to ~c;;ix months, to establish a permanent school fund and provide for the disburse>nent thereof, to prescribe the duties of the officers connected therewith, to amend and to consolidate existing school laws.
Section 7 was first in order, and was read.
Mr. Irvine moved to amend oy striking out from the 1~th line the word "elementary."
This amendment was adopted.
Mr. Irvine mO\ed to further amend the 7th section by transposing the word 'license" so as to follow after the word "State" in the 2Hth line.
This amendment was adopted.

TuEsDAY, SEPTEMBER 8, 1891.

439

The 7th section was further amended, as follows, on motion of Mr. Williams, viz. : "Insert between the words 'by' and 'endorsement' in the last line of the section, the following words : 'examination and; ' and by adding to the last of said section the following: 'Provided, That said applicant for endorsement shall not be required to pay the extra fee of fifty cento.' "
The 7th section was adopted, as amended.
Section 8 was read.
Mr. Terrell moved to amend the 8th section by striking out the word "December" where it occurs in the ~d line and inserting "October."
This amendment was adopted.
Section 8 was agreed to, as amended.
Section 9 was read and adopted.
Section 10 was read.
Mr. Hodges proposed to amend the Hlth section by striking out after the word "compensation" in the 24th line to the words "Board of Education" inclusive in the 27th line.
This amendment was lost.
Mr. Irvine moved to amend section 10 in the 25th line, commencing with the word "are" and sttiking the remainder of the sentence, and inserting in lieu thereof the words "exemption from road and jury duty."
Mr. Hodges proposed to amend this amendment of Mr. Irvine's by striking out the words "and jury duty."
The amendment of Mr. Hodges to the amendment of Mr. Irvine was lost, and the amendment of Mr. Irvine was adopted.
Mr. Vincent' moved to amend the lOth section by substituting the word "shall" for the word "may" in the lOth line.
This amendment was lost.

440

JOURNAL OF THE SENATE.

Mr. Williams moved to amend by striking out the whole of seqtion 10.
This motion did not prevail.

Mr. Cabaniss offered to amend the lOth section by adding to the end thereofthe following: "The County School Commissioner shall visit the schools at such times and as often as may be required by the County Board of Education, and for such services receive the compensation fixed by said Board."
This amendment was adopted.

Mr. Eason moved to amend the lOth section by substituting the word "ten" for the word "fifteen" in the 9th line.
This amendment was lost.

Section 10 was adopted, as amended. Section 11 was read and agreed to. Section 12 was read and agreed to. Section 13 was read and agreed to. Section 14 was read and agreed to. Section 15 was read.

Mr. Terrell moved to amend this Rection by adding thereto the following: "Provided further, That the elementary or high school provided for in this section shall not be required to have fifteen pupils."

This amendment was adopted.

Section 15 was further amended, on motion of Mr. Irvine, as follows: Add the following proviso: "Prot,ided further, That whenever the District Trustees of any county in this State shall have entered into a contract with a teacher to teach a common school in any sub-district within its jurisdiction in accordance with this act, it shall be lawful for said teacher to enter into a supplemental contract- with the patrons of the school to teach a priyate eltmentary school in connection with said common school, and to embrace

TuESDAY, SEPTEMBER 8, 1891.

441

the period allowed by law for the said public term. That upon said private supplemental contract being examined and approved by the District Trustees of the district in which said school is located, it shall be the duty of the teacher of said school to enter all scholars of school age (regard being had to separate schools) who may enter said school at any time within the scholastic year of said private school. Said teacher may make out his account against the District Trustees for each pupil of school age for the number of days actually attended by said pupil, not to exceed the number of days now or hereafter to be prescribed by law."

Section 15 was agreed to, as amended.

Section 16 was adopted.

The report of the committee, as amended, was agreed to.

Mr. O'Neal moved to suspend further action on the bill, until to-morrow morning after reading the Journal.

This motion did not prevail.

The question recurring on the passage of the bill, as amended, on this, the ayes and nays were demanded and recorded.

Those vrho voted in the affirmative are Messrs.-

Beard, Beck, Brown,
Cahan iss,
Ellington, .Flint, Golden, Harlan,

Harp, Hodges,
Irvine,
Lanier, Mullis, Nunnally, Smith of 6th Dist., Smith of 28th Dist.,

Strickland, Tatum, Terrell, Todd, Yin cent, Warren, Zachry.

Those who voted in the negative are Messrs.-

Boyd,

Johnston of 39th Dist.,O'Neal,

Callaway,

Lane,

Williams,

Eason,

McRae,

Witcher.

Johnson of 21st Dist.,

There are ayes 23; there are nays 10.

442

JOURNAL OF THE SENATE.

So the bill was passed, as amended, by a constitutional majority.
By resolution of Mr. Cabaniss the privileges of the Senate were extended to Colonel J. G. Zachry, of the city of
New York, during his stay in the city.

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

A bill to amend section 8 of an act eRtablishing a system of public schools for Covington, approved September 13, 1887, and for other purposes.
Referred to the Committee on Public Schools.

A bill to establish a new charter for the city of Atlanta, approved February 28, 1874, and the amendatory acts.
Referred to the Committee on Corporations.

A bill to incorporate the town of Hiram, in Paulding county.
Referred to the Committee on Corporations.
A bill to incorporate the East and West Railway Company, and for other purposes.
Referred to the Committee on Railroads.
The Senate took up the amendments of the House to the bill of the Senate, to incorporate the town of Etna, and for other purposes.
The Senate concurred in the amendment striking out a section and changing the numbers of the sections, and refused to concur in the remaining amendment.
The House amendments to the bill of the Senate to incorporate the Atlanta, Hapeville and Manchester Railroad Company, and for other purposes, were concurred in.
The amendments of the House hill to the bill of the Senate to amend an act to amend the charter of the Louisville Branch Railroad Company were taken up, and, on motion of Mr. Warren, laid on the table.

WEDNESDAY, SEPTEMBER 9, 1891.

443

The House amendments to the bill of the Senate to incorporate the town.of Nelson were con:::urred in.
The amendments of the House to the bill of the Senate to incorporate the city of Hapeville, Georgia, were concurred in.
Under suspension of the Rules, the following bills were introduced, zead the first time and referred as indicated to-wit:
By Mr. Warrcn-
A bill to create and organize a new Judicial Circuit of thP- Superior Courts of this State.
Referred to the Special Judiciary Committee.
By Mr. Todd, by request-
A bill to provide for renewing and repaumg any pavement now laid or to be laid in any city of this State havmg a population of more than twenty thousand.
Referred to the Committee on Corporations.
The Senate adjourned, on motion, until10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, 'Vednesday, September 9, 1891, 10 O'clock A. lli.

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

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

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

Beard, Beck, Boyd, Brown,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

444

JoURNAL OF THE SENATE.

Cabaniss, Callaway, Culver, EaR on, Ellington, Flint, Golden, Harlan, Harp,

Jobnston of 39th Dist., Vincent,

Lane,

Walker,

Lanier,

'Varren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally, O'Neal,

Zachry,
Mr. Pre~idcnt.

Smith of 6th Dist.,

Smith of 2~th Dist.,

The Journal was read and approved.

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

Mr. President:
The House has passed the following bills by the requisite constitutional mJjority, to-wit:

A bill to alter and amend the general pilotage laws of this State.

Also, a bill to appropriate money for reno,ating portraits of distinguished Georgians.

Also, a bill to establish a public school system for the county of Houston.

The House has adopted the following resolutions, in which it asks the concurrence of the Senate, to-wit:

A resolution authorizing the Governor to sell certain lands lying along the Western antl Atlantic Railroad.

Also, a resolution to furnish Colquitt county with standard weights and measures.

Also, a joint resolution providing for the appointment of a committee of the General Assembly to attend the meeting of the Savannah River Association.
Also, a resolution to authorize the appointment of a Cornmission to examine into the obstructions in Savannah river.

Also, a resolution for the relief of Julia l\IcConnel].

.WEDNESDAY, SEPTEMDER 9, 1891.

445

The House has passed the following Senate bill, with an amendment, to-wit:

A bill to authorize the town of .Jonesboro, in Clayton county, Georgia, to establish and maintain a system of public schools in said town.

The House has adopted the following re.;;olutions in which the concurrence of the Senate is asked, to-wit:

A resolution requesting the Governor to return for correction House Bill No. 559.

Also, a resolution requesting the Governor to return House Bill449 for correction.
Mr. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
llfr. President:
Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following acts, to-wit:

An act to amend section 719(i) of the Code, and for other purposes.

Al!'o, an act to incorporate the Ludale Milling and Transportation Company.

Also, an act to amend section 3703 of the Code of 1882, etc.
Also, an act to reimburse the State Chemist for funds expended by him in making analyses of fertilizers for the year 1890-91.

Also, an act to change the term of office of Mayor and Councilmen of the city of Dalton.
Also, an act to amend an act entitled an act to incorporate the town of Bowersville, in the county of Hart, approved September 4, 1883, and to provide for the election of a Mayor and four Aldermen, etc.
Alm, an act to authorize the Mayor and Council of the

446

JoURNAL OF THE SKIUTE.

city of Dalton to elect a Board of Water Commissioners, to define their powers, etc.

Also, an act to incorporate the Farmers' and Merchants' Bank of Georgia, to define its powers, privileges, etc.

Also, an act to incorporate the Georgia Banking and Loan Company of Atlanta, Georgia, and to prescribe its rights and privileges.
Respectfully submitted. W. T. IRVINE, Chairman pro tem.
The following bills and resolutions of the House were read the second time and recommitted. to the Finance Committee, to-wit:

A re!:'olution for the relief of Mrs. Ma::.-y Willis, widow of Barney Willis.
A resolution for the relief of .Mrs. S. G. Hightower, widow of John N. Hightower.

A bill to provide for the payment of one hundred dollars to Mrs. Elizabeth E. Branch, administratrix of William H. Branch.
A resolution for the relief of Mrs. Martha )1. Humphries, widow of Ledford Humphries; and
A resolution to pay a pension to the widow of Richard H. Bell.
By resolution of Mr. Johnston, of the 39th District, the courtesies of the Senate were extended to Capt. H. W. Newman, of Canton, Ga., during his stay in this city.

The bill of the Senate to authorize the town of Jonesboro to establish and maintain a system of public schools, amended in the House, was taken up for consideration of the amendments, and, on motion of Mr. Todd, laid on the table.

Mr. Cabaniss, Chairman of the Committee on General Judiciary, submitted the following report:

WEDNESDAY, SEPTElllBER 9, 1891.

447

Jfr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to provide for the appointment of Detectives, to prescribe their duties, and for other purposes.

Also, a bill to repeal an act consolidating the offices of Clerk of the Superior Court and County Treasurer of Pickens county.

Also, a bill to amend section 4372 of the Code of 1882.

Also, the following House bill, with the recommendation that the same do pass, to-wit:
A bill to provide for the admission in evidence of certified exemplifications of the records and minutes of municipal corporations.

Also, the following House bill, with the recommendntion that the same be read the second time and referred to the Committee on Banks, to-wit:

A bill to incorporate the "\Vashington Guaranty and Loan Company.

Also, the following Senate bill, with the recommendation that the same do pass, to-wit:

A bill to require the records, dockets and papers belonging to the County Courts, that have been heretofore or may be hereafter abolished in this State, to be deposited in the Clerk's office of the Superior Courts, and for other purposes.

Respectfully submitted.

T. B. CABANiss, Chairman.

On motion of Mr. Cabaniss, the bill of the House to incorporate the Washington Guaranty and Loan Company, which was referred by inadvertence to the Committee on General Judiciary, was read the second time and recommitted to the Committee on Banks.

448

JOURNAL 01<' THE SENATE.

On the call of the roll, Mr. Golden offered the following bill, which was read the first time and referred to the General Judiciary Committee, to-wit:

A bill to create an Advisory Board of Pardons, provide for their appointment, prescribe their powers and duties, fix their compensation, and for other purposes.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report:

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

A bill to amend the charter of the Capital City Bank.

Also, the following Honse bill, with the recommendation that the same do pass, as amended, to-wit:

A bill to incorporate the Irish-American Dime Savings Bank of Augusta, Ga.
Respectfully submitted. MAsToN O'NEAL, Chairman.

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

A bill to appropriate money for renovating portraits of distinguished Georgians, for placin~ the same in the Hall of the House of Representatives.
Referred to the Committee on Finance:

A resolution providing for the appointment of a Committee on the part of the General Assembly of Georgia to attend a meeting of the Savannah River Association, at Augusta, Ga., November, 1891.
Referred to Committee on State of the Republic.

A resolution requesting the Governor to return to the House House Bill No. 449.

WEDNESDAY, SEPTEMBER 9, 1891.

449

This resolution was taken up, read and concurred in.

A reAolution requesting the Governor to return to the House House Bill No. 559.

This resolution was taken up, read and agreed to.
A resolution to furnish Colquitt county with standard weights and measures and appropriate money thereto..

A resolution to authorize the appointment of a Commission to examine into obstructions in Savannah river.
Referred to the Committee on the State of the Republic.
A resolution relating to certain lands of the State on or. near the Western and Atlantic Railroad.
Referred to the Committee on Public Property.

A resolution for the relief of Julia McConnell. Referred to the Committee on Finance.

A bill to establish a public school system for the county of Houston, etc.
Referred to the Committee on Public Schools.

A bill to alter and amend the General Postage Laws of this State.
Referred to the General Judiciary Committee.

By resolution of Mr. Smith, of the 28th District, the Hon. Chas. Bartlett, of Bibb c<>unty, was invited to a seat in the Senate during his stay in this city.

Mr. Irvine, Chairman of the Committee on Public Schools, submitted the following report:
Mr. President:
Your committee have bad under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
29

450

JouRNAL oF THE SENATE.

A bill to be entitled an ect to provide for local taxation by counties for the support of common schools, and for other purposes.

Respectfully submitted.

,v. T. IRVINE,

Chairman Committee on Public Schools.

The following bills of the house were read the second time, and passed to a third reading, to-wit:

A bill to incorporate the Georgia, Virginia and Baltimore Railroad Company.

A bill to amend the charter of the Nacoochee Valley Railroad Company, and for other purposes.
A bill to amend the charter of the Capital City Bank, and for other purposes.
A bill to provide for admission in evidence of certified exemplifications of the records and minutes of municipal corporations.
A bill to incorporate the Irish-American Dime Savings Bank, of Augusta, Ga.
A bill to incorporate the Savanm1.h and Oconee Railroad Company. etc.
A bill to amend the charter of the Fairmount Valley Railroad Company.

A bill to amend the charter of the Middle Georgia and Atlantic Railway Company.

A bill to amend the charter of the Abbeville and Waycross Railroad Company, and for other purposes.

Also, a bill to incorporate the Georgia Mineral Raiiroad, and for other purposes.

The bill of the Senate to require the records, dockets and papers belonging to any County Court, that has or may hereafter be abolished, to be deposited in the Clerks office

\V:ImNESDAY, SEPTEMBER 9, 1891.

451

of the Superior Court, etc., vms read the second time and passed to a third reading.
By resolution of Mr. Cabanis~, the Hon. W. H. Felton, of the county of Bibb, was invited to a seat in the Sen~te during his visit in this city.
The bill of the Senate to further provide for the lien of mechanics, materialmen, contractors and laborers, and for other purposes, was ~ade the special order for Tuesday, September 15, 1891, at H o'clock A. M., and fifty copies thereof were ordered to be printed.

The bill of the Senate to prevent the sale of cotton in the seed or lint in this State, without the written consent of the owner of the land on which the 8ame was raised, and for other purposes, was made the special order for Friday, September 11, 1891, at 11 o'clock A.M., and fifty copies of the bill and amendments propo:;ed by the committee were ordered to be printed for use of the Senate.
The bill of the Senate to regulate the apportionment, term of office and removal of Physicians of the Lunatic Asylum, and for other purposes, was, on motion, reeommitted.

The bill of the Senate to make all railroad companies, express companies and other common carriers liable for damages in certain specified cases, etc., was made the special order for Wednesday, September 16, 1891, at 11 o'clock
A.M.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Culverton, in Hancock county, and for other purposes.

Proof submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 32, nays 0.

The Senate took up the report of the General Judiciary

452.

JouRNAL oF THE SENATE.

Committee on the bill of the Hou!"e to amend section 3331 of the Code, etc., and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 31, nays 1.

The Senate took up the report of the Committee on Public Schools on the bill of the House to provide for local taxation by counties for the support of common schools, and for other purposes.

The committee reported in favor of its pasmge, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 26, nays 2.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 10, 1891, 10 0' clock A.M.

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

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

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

Beard, Beck, Boyd, Brown, Cabaniss, Callaway, Culver, Eason,

Hill,

Smith of 6th Jlist.,

Hodges,

Smith of 28th Dbt.,

Inine,

Strickland,

Johnson of 21st Dist.. Tatum,

Johnston of 39th Dist., Terrell,

Lamb,

Todd,

Lane,

Vincent,

Lanier,

Walker,

THURSDAY, SEPTEMBER 10, 1891.

453

Ellington, Flint, Gill, Harlan, Harp,

McRae, Mullis, Nunnally, O'Neal, Patton,

\Varren, Williams, Witcher, Zachry, Mr. President.

The Journal was read and approved.

Mr. Irvine, Chairman pro tmn. of the Committee on Enrollment, submitted the following report:

Mr. Pres2dent

Your Committee on Enrollment report as properly enrolled and ready for the signatures of the President and Secretary of the Senate the following acts, to-wit:

An act to incorporate the town of Nelson, in the counties of Cherokee and Pickens, and to grant certain powers and privileges, etc.

Also, an act t.o incorporate the Atlanta, Hapeville and Manchester Railroad Company, etc.
Also, an act to incorporate the city of Hapeville, etc.
Respectfully submitted. W. T. IRVINE, Chairman pro tern.

Leave of absence for a few days on important business was granta.d Mr. Golden.

The following bills of the House, adversely reported, were taken up and lost by agreement with said reports, to-wit:

A bill to amend section 4372 of the Code.

Also, a bill to repeal an act consolidating the offi0es of Clerk of the Superior Court and Treasurer of the county of Pickens.

The bill of the House to provide for the appointment of Detectives, and for other pnrpose&,- wliich was adversely reported, was taken up under said report and, on motion of Mr. Cabaniss, was laid on the table.

454

JOURNAl, OF THE SENATE.

Under suspension of the Ru~s, Mr. Hodges introduced the following bill, which was read and referred to the Special Judiciary Committee, to-wit:
A bill to provide and establish a system of Water Works and Electric Lights for the town of Elberton, Georgia, and for other purposes.
The bill of the House to divide the State of Georgia into eleven Congressional Districts, and for other purposes, was made the special order for Thursday, September 17, 1891, at 11 o'clock A .M.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to require the records, dockets and papers beionging to County Courts, which have or may be abolished, where no provision for the same has been made, depo~ited in the Clerk's office of the Superior Courts of the counties in which said courts have been or may be abolished.
The report was agreed to.
The bill was read the third time and passed, ayes, 30, nays 0.

By resolution of Mr. Zachry, the Hon. John L. Addington was invited to a seat in the Senate during his stay in this city.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the fo11owing bills by the requisite
constitutional majority, to-wit:
A bill to authorize the Grand Jury to fix the salary of the Judge of the County Court of Henry county.
Also, a bill to punish seining in any waters, Jakes, ponds or other running streams of the county of Worth.
Also, a bill to prevent the killing of deer, wild turkey and quail in the county of Worth.

THURSDAY, SEPTEMBER 10, 1891.

455

Also, a bill to repeal the registration law of Worth county, Georgia, and all amendments thereto.

Also, a bill to incorporate the town of Sycamore, in the county of Irwin.

Also, a bill to incorporate the town of Demorest,tin Habersham county.

Also, a bill to incorporate the Commercial Travelers' Savings Bank.

The House has passed the follewing Senate bill with an amendment, to-wit:

A bill to regulate the law of year's support.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Middle Georgia and Atlantic Railway Company.

The report was agreed to.

The bill was read the third time and passed, ayes 32, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to amend the charter of the Capital City Bank, and for other 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 Railroads on the the bill of the House to amend the charter of the Abbeville and Waycross Railroad Company and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 32, nays 0.

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

456

JouRNAL OF THE SENATE.

roads on the bill of the House to amend the charter of the Nacoochee Valley Railroad Company, and for other purposes.
The committee repor-ted in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill waf:! read the third time and passed, as amended, ayes 29, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to provide for the admission in evidence of certified exemplifications of the records and minutes of municipal corporations.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
On motion of Mr. Beck, leave of absence was granted Mr. Warren for a few days on account of the death of his brother-in-law.
Mr Callaway, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. President:
Your committee have had under consideration the fol-
lowing House bills, which they in' struct me to report back,
with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act approved December 20, 1890, entitled an act to amend an act to provide for the registration of the legal voters of Laurens county, etc., approved October 24, 1887.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to alter and amend the Registration act for Lee county.
Respectfully submitted. E. H. CALJ,AWAY, Chairman.

THURSDAY, SEPTE?rlBER 10, 1891.

457

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Fairmount Valley Railroad Company, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 28, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Irish-American Dime Savings Bank of Augusta, Georgia.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, ayes 30, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Georgia Mineral Railroad, and for other purposes.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 31, nays 0.

On motion of l\fr. Williams, the Senate took up and concurred in thG amendments of the House to the bill of Senate to regulate the law of year's support.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Georgia, Virginia and Baltimore Railroad Company.
The committee reported in favor of its pas!'lage, with an amendment, which was- adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 33, nays 0.

458

JOURNAL OF THE SENATE.

Mr. Johnson, Chairman Committee on Railroads, sub mitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to extend the powers of the Railroad Commission, so as to give them power and authority to regulate charges of express, sleeping car and telegraph companies for service rendered within this State, and make the penalties prescribed against railroads for violating Commissioners' rules apply to the companies and persons herein named, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to make railroad companies doing business in Georgia, liable in damages, in all cases, for the death or other personal injury of any person, caused by the wilful misconduct or negligence of any officer, agent or employee of such companies, acting within the scope of his business, as such official agent or employee; to declare the measure of damages and who shall be entitled torecover the same ; and to provide for apportioning such damages, in all cases, where fault or negligence contributing to the injury is shown on the part of the person injured.
Respectfully submitted. RICHARD JoHNSON, Chairman.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Savannah and Oconee Railroad Company, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 27, nays 0.

THURSDAY, SEPTJ<}MBER 10, 1891.

459

On motion of Mr. Johnson of the 21st District, the bill of the House to extend the powers of the Railroad Com~ mission, etc., was ma<:le the special order for Tuesday, September lbth, 1891, immediately after the reading of the journal, and that fifty copies thereof be printed for the use of the Senate.
The bill of the Senate to make railroad companies doing business in this State liable for damages in certain specified cases, etc., was read the second time and passed to a third reading.

The following bills of the House were read the second ti~e and passed to a third l'eading, to-wit :
A bill to amend an act approved December 20, 1890, entitled an act to amend an act to provide for the registration of the legal voters of Laurens county, and for other purposes, approved October 24, 1887.

Also, a bill to alter and amend the registration act for . Lee county.

The fo1lowiug bills of the House were read the first time and referred as indicated, to-wit:
A bill to authorize the Grand Jury to fix the salary of the Judge of the County Court of Henry county.
Referred to the General Judiciary Committee.

A bill to incorporate the town of Sycamore, in the county of Irwin, etc.
Referred to the Committee on Corporations.

A bill to incorporate the Commercial Travelers' Savings Bank.
Referred to the Committee on Banks.

A bill to prevent the k,illing of deer, wild turkeys and quail in the county of Worth.
Referred to the Special Judiciary Committee.

40()

JOURNAL OF THE SENATE.

A bill to punish seining in any waters, lakes, ponds, or other running streams of the county of Worth, etc.
Referred to the Special Judiciary Committee.
A bill to incorporate the city of Demorest, in Habersham county.
Referred to the Committee on Corporations.

A bill to repeal the registration law of Worth county and all amendments thereto.
Referred to the Special Judiciary Committee.

On motion of Mr. Culver, the Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend section 4662 of the Code.

The report was agreed to.
The bill was read the third time and lost for want of a constitutional majority, there being ayes 13, nays 18.
The bill of the Senate to provide for renewing and repairing streets in any city having a population of twenty thousand was read the second time and recommitted to the Committee on Corporations.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to amend section 8 of an act establishing a public school system for the city of Covington, approved September 13, 1887, and for other purposes; and

A bill to establish a public school system for the county of Houston.
The Senate having disposed of all busineRs on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow.

FRIDAY, SEPTEMBER 11, 1891.

461

SENATE CHAMBER, ATT.ANTA, GEORGIA,
Friday, September 11, 1891, 10 O'clock A.M.

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

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

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

Beard, Beck, Boyd, Brown, Cabaniss, Callaway, Culver, Eason, Ellington, Flint, Gill, Glenn, Harlan,

Harp,

Smith of 6th Dist.,

Hill,

Smith of tSth Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist:, Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

Williams,

McRae,

Witcher,

Nunnally,

Zachry,

O'Neal,

Mr. President.

Patton,

The Journal was read and approved.

Mr. Irvine, Chairman pro tern. of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to regulate the law of year's support.
Respectfully submitted. W. T. IRVINE, Chairman pro tern.

Mr. Hodges, Chairman of the Committee on State of the Republic, submitted the following report:

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

462

JOURNAL OF THE SENATE.

lowing joint resolutions, which they instruct me to report back, with the recommendation that they do pass, to-wit:

A re!"olution providing for the appointment of a committee on the part of the General Assembly of Georgia to attend a meeting of the Savannah River Association, at Augnsta, Georgia, November, 1891.

Also, a resolution to authorize the appointment of a Commission to examine into obstructions in Savannah river.

Respectfully submitted.

F. B. HoDGES, Chairman.

Mr. Irvine, Chairman pro tern. of the Committee on Enrollment, submitted the following report:

Mr. President :
Your committee on Enrollment report as properly enrolled, and ready for the signatures of the President. and the Secretary of the Senate, the following acts, to-wit:

An act to incorporate the Atlanta, Southern and western Railroad Company, to define its rights, powers and privileges, etc.

Also, an act to amend the charter of the city of Flovilla, in Butts county, Georgia.

Also, an act to locate the office of Tax-Collector of Laurens county, etc.

Also, an act to authorize the Clerk of the Board of Commissioners of Roads and Revenues of Carroll county, Georgia, to administer oaths, to have a seal, and to provide a salary for said Clerk.

Also, an act to incorporate the town of Hoschton, in Jackson county, Georgia.

Also, an act to amend an act entitled an act to amend the charter of Athens, so as to authorize the Mayor and Council of said city to improve the streets of the same, etc.

Also, an act to incorporate the Atlanta, Americus and

FRrDAY, SEPTEMBER 11, 1891.

463

Florida Railroad Company, to define its rights, powers and privileges, etc.

Also, an act to change the corporate limits of the city of Rome, Georgia.

Also, an act to provide for the registration of the qualified voters of Talbot county, and to provide penalties for the violation of the same, etc.

Also, an act to amend an act incorporating the town of Mount Airy, in Habersham county.

Also, an act to authorize the Mayor and Council of the city of Dalton to retire certain school bonds and to provide for the issuing of new bonds.

AlF:o, an act to amend an act entitled an act to incorporate the Georgia, Carolina and Northern Railway Company and to define its rights, powers and privileges, etc.

Also, an act to establish a system of public schools for the town of Toccoa City, to empower the Mayor and Council of said town to levy and collect a tax for the support and maintenance thereof and to authorize the County School Commissioners of Habersham county to pay over to the Board of Education of said public schools such part of the State school fund as may be the just pro rata share of said town, etc.

Also, an act to repeal an act entitled an act to prohibit any person or persons from hunting and fishing on the lands of another in the oounty of Telfair, in the State of Georgia, except by written consent of the land owner or his agent, etc.
Also, an act to amend an act to incorporate the town of Leary, in the county of Calhoun, to grant certain powers and privileges to the same, etc.
Also, an act for the relief of E. H. Shackelford and Z. J. Odom, securities on the appearance bond of Stonewall Jackson, from liability on said bond, etc.
Also, an act to amend an act approved February 22, 1873,

464

JOURNAL OF THE SENATE.

and the acts approved August 20, 1872, and Decem her 11, 1~72, to which the same is amendatory in so far as they relate to the establishment of a. Board of Commissioners of Roads and Revenues for Dougherty county, and for other purposes.
Respectfully submitted.
W. T. IRVINE, Chairman protem.

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

A bill to incorporate the Louisa Steamboat Company, of Dublin, Georgia.

Also, a bill to allow the Grand Jury to fix the salary of the Judge of the County Court of Henry county.

Al~o, the following House bill, with the recommendation that the same do not pass, to-wit:

A bill to create and organize a new judicial circuit of the Superior Court of this State.
Respectfully submitted. T. B. CABANrs.s, Chairman.

Leave of absence was granted Mr. Mullis for a few days on important business, to Mr. Witcher until Monday, and to Mr. Ellington until Tuesday morning next.

On motion of Mr. Terrell, the resolution of the House to direct the Governor to appoint a Commission to revise and codify the criminal laws of this State, was taken from the Committee on Finance and referred to the Gen('ral Judiciary Committee.

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

FRIDAY, SEPTEMBER 11, 1891.

46.5

By 1\Ir. Cabaniss-
A bill to rearrange the Flint, Coweta and Stone Mountain Circuits, etc.
Referred to the General Judiciary Committee.

By 1\Ir. HarpA bill to amend section 2, paragraph 21 of the Tax Act,
approved December 26, 1890, by striking therefrom the word "dentist."
Referred to the Committee on Finance.
By 1\Ir. Lamb-
A bill to incorporate the town of Sterling, in Glynn c:mnty, and for other purposes.
Referred to the Committee on Corporations.

The following bills and resolutions of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize the Grand Jury to fix the salary of the Judge of the County Court of Henry county.
A resolutio-n to authorize the appointment of a Commis,<;ion to examine into obstructions in Savannah river.
Also, a resolution providing for appointment of a Committee on the part of the General Assembly of Georgia to attend a meeting of the Savannah River Association, at Augusta, Ga., November, 1891.
On motion of :Mr. Todd, the amendments of the House to the bill of the Senate to authorize the town of Jonesboro to establish and maintain a system of public schools, were taken up. On his motion, the first and third amendments were concurred in, and the Senate disagreed to the second amendment.
Mr. Terrell, Chairman Committee on Finance, submitted the following report:
Mr. President:
Your committee have had under consideration the fol-
30

466

JOURNAL OF THE SENATE.

lowing House resolution, which they instruct me to report back, with the recommendation that the same do pass, towit:

A resolution to furnish Colquitt county with standard weights and measures, and appropriate money therefor.

Respectfully submitted.

J. M. TERRELL, Chairman.

The bill of the Senate to make railroad companies liable
for damages in certain ca..qes, etc., which was taken up on
its third reading, was, on motion of Mr. Johnson, of the 21st District, laid on the table and fifty copies thereof were ordered to be printed for the use of the Senate.

The Senate took up the report of the Finance Committee on the resolution of the House to pay members of the General Assembly, principal Doorkeepers and Messengers of the House and Senate mileage for the adjourned session of 1891.
The report was agreed to.

The resolution was read the third time, and on the ques tion of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Boyd,
lkown,
Cabaniss, Callaway, Culver, Eason, Ellington, Flint, Gill,

Glenn,,

McRae,

Harlan,

Nunnally,

Harp,

O'Neal,

HiH,

P.uon,

Hodges,

Smith of 6th Dist.,

lr:vine,

Smith of 28th Dist.,

Johnson of 21st Dis.t., Stricklanf:!,

Johnston, of 39th Dist.,TerreU,

Lamb,

Vincent,

Lane,

Williams,

Lanier,

Witcher.

Those who voted in the negative are Messrs.-

Tatum,

Todd,

Zachry.

There are ayes 33; there are nays 3.

FRIDAY, SEFTEMBER 11, 1891.

467

So the resolution was concurred in by a constitutional majority.

The resolution of the }louse to furnish Colquitt county with standard weights and measures, and appropriate money therefor, w~s read the second time and recommitted to the Finance Committee.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to alter and amend the registration laws for Lee county.
Proof of legal notice w~ submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 28, nays 0.
Mr. Lamb, Chairman pro tem. Committee on Enrollment, submitted the following report:

Jlr. President:
Your committee have had under consideration ~he following Senate bill, whic.h they instr\l.ct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide f9r r.eaewil}.g ap4 re~iring any pa-vement now laid or to be laid in any city of this State ha vi,ng a population of more than twenty thousand.
E.espectfllllY StJ.bmit~.
t ... TliU,s MB, ClWrm~ pro ~.
At the hour of 11 o'clock A. M., the President announced
the special ~d~, W.w.it :

The report of the Committee on General Agriculture on the bill of the Senate to prohibit the sale of cotton in the seed or lint, with9-~t the written consent of the .owne. of the land on which the same is raised, etc.
..' .

468

JoURNAL OF TilE SENATE.

Pending action thereon and amendments offered, the same was, on motion of Mr. Terrell, indefinitely postponed.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved December 20th, 1890, entitled an act to amend an act to provide for registration of the legal voters of Laurens county, and for other purposes, approved October 24, 1887.
Proof was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to incorporate the Louisa Steamboat Company, of Dublin, Ga.
The report was agreed to.
The bill was read the third time and passed, ayes 32, nays 0.

The Senate took up the report of the Committee on Corporatiom; on the bill of the Senate to provide for renewing and repairing any .Jilavement now laid or to be laid in any city in this State having a population of more than twenty thousand.
The report was agreed to.
The bill was read the third time, and passed, ayes 25, nays 0.

On motion of l\Ir. Strickland, the resolution for payment

of mileage to Members and principal Doorkeepers and Mes-

sengers of the General Assembly, etc., was ordered to be

immediately transmitted to the House.



The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bill by the requsite majority, to-wit:

FRrnAY, SEPTEMBER 11, 1891.

469

A bill to amend the charter of the city of Macon, so as to authorize the Mayor and Council to issue bonus to the full extent allowed by the Constitution, for the purpose of establishing water-works, and for other purposes.

The House has concurred in the Senate amendments to the following bills of the House, to-wit:

A bill to incorporate the Irish-American Dime Savings Bank of Augusta.

Also, a bill to incorporate the Georgia, Virginia aml Baltimore Railroad Company.

Also, a bill to incorporate the Georgia Mineral Railroad Company.

Also, a bill to incorporate the Nacoochce Valley Railroad Company.

llRo, a bill to incorporate the Savannah and Oconee Railroad Company.

Mr. O'Neal, Chairman of the Committee on Banks, submitted the following report:

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

A bill to be entitled an act to incorporate the Commercial Travelers' Savings Bank.

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

A bill to be entitled an act to incorporate theWashington Guaranty and Loan Company.
Respectfully submitted. MAsTON O'NEAL, Chairman.
The Senate took up the report of the General Judiciary

470

JouRNAL oF THE SENATE.

Committee on the bill of the Senate to repeal section 3406 of the Code, etc., and for other purposes.
The committee reported in favor of the passage of the same by substitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended by substitute, ayes 29, nays 0.
Mr. Todd, under a suspension of the Rules, introduced a resolution to relieve the Commercial Alliance Life Insurance Company of New York, which was read the first time and referred to the Committee on Finance.
On motion of Mr. Glenn, the resolution of the House to
refund to C. C. Wheeler, of \Valker county, $33 No, etc., was
taken from the table and recommitted to the Finance Committee.
The bill of the House to incorporate the Commercial Travelers' Savings Bank was read the second time, and passed to a third reading.
On motion of Mr. Cabaniss, the bill of the Senate to provide the mode of granting charters and amendments to charters, etc., for towns, villages and municipalities of less than two thousand inhabitants, and of schools, churches and other societies, was laid on the table, and fifty copies thereof ordered to be printed for the use of the Senate.
The bill of the House to amend the charter of the cit.y of Macon, and the several acts amendatory thereof, so far as to authorize the Mayor and Council of said city to issue bonds to build water-works, and for other purposes, was read the first time, and ordered to be engro;;sed.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. Monday next.

MoNDAY, SEPTEMBER 14, 1891.

471

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, September 14, 1891, 10 O'clock A.M.

The Senate met pur.;~uant to adjournment, the President in the chair.

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

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

Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Culpepper, Culver, Eason, Gill, Glenn,

Golden,

Smith of Gth Dist.,

Harp,

Strickland,

Hill,

Tatnm,

Johnson of 21st Dist., Terrell,

Jobnston of 39th Dist., Tod<l,

Lamb,

Vincent,

Lane,

Walker,

McRae,

Warren,

Nunnally,

Williams,

O'Neal,

Zachry,

Pat on,

Mr. President.

The Journal was read and approved.

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

Mr. Presiderti:

Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:
An act to authorize the town of Jonesboro, in the county of Clayton, Georgia, to establish and maintain a system of public schools for said town.
Respectfully submitted. R. M. W. GLENN, Chairman.
Mr. Johnson, Chairman of Committee on Railroads, submitted the following report :
Mr. President:
Your committee have had under c;msideration the fol-

472

JOURNAL OF THE SENATE.

lowing House bill, which they instruct me to report back, with the recommendation that the same do pass,as amended, to-wit:

A bill to incorporate the Chattanooga and Gulf Railroad Company, so as to change the name of said corporation and the route of its railway, and for other purposes.
Respectfully submitted. RICHARD JoHxsox, Chairman.

Leave of absence was granted Messrs. Harlan and Irvine for to-day.

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

By Mr. Terrell-
A bill to incorporate the Southern Air-Line Rr..ilroad Company.
Referred tothe Committee on Railroads.

By Mr. Todd-
A bill to prohibit fortune-telling, acting as mediums, astrologers, and other forms of spiritualism.
Referred to the General Judiciary Committee.

Also, by Mr. ToddA bill to incorporate the Georgia Savings Bank, etc. Referred to the Committee on Banks.

By Mr. VincentA bill to amend section 4406 of the Code, and for other
purposes. Referred to the General Judiciary Committee.
By Mr. WarrenA bill to incorporate the Stephens Industrial Society. Referred to the Committee on Corporations.

MoNDAY, SEPTEMBER 14, 1891.

473

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has adopted an amendment striking out the word "Governor" wherever it occurs and inserting the word ''Treasurer" in the following bill, recalled from the Govornor for correction, No. 449, to-wit:

A bill to authorize any bank that is or may be a State Depository to deposit $50,000 in State of Georgia bonds _in lieu of making a bond.
The House has adopted an amendment providing for the raising of an amount of money sufficient to pay the principal and interest of the bonds, as they fall due, to the following bill, recalled from the Governor, No. 559, to-wit:
A bill to amend an act incorporating the town of Adel, in Berrien county, so as to authorize the Mayor and Council to issue bonds.

The House has concurred in the following Senate resolution, to-wit:
A resolution instructing the Keeper of Public Buildings and Grounds to have the elevator rul)..
The House has passed the following bills, by the requisite majority, to-wit:
A bill to incorporate the town of Dennard, in the county of Houston, and confer certain powers, etc.
Also, a bill to amend, revise and consolidate the laws governing the inspection, analysis and sale of commercial fertilizers, chemicals and cotton <>eed meal.
Also, a bill to incorporate the Southover Street Railroad Company, to confer certain powers, etc.
Also, a bill to incorporate the Madison and Eatonton Dummy-Line Company.
Also, a bill to amend an act to incorporate the town of Geneva, in Talbot county.

474

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of Hahira, in the county of Lownde~:~, and for other purposes.
Also, a bill to incorporate the G:ynn Title and Loan Company, etc.
Also, a bill to authorize and require the Judge of the County Court of Wilkes county to purchase certain volumes of the Supreme Court Reports.
Also, a bill to amend act incorporating the Athens Savings Bank.
Also, a bill to incorporate the Security Bank, and for other purp<;>se:;.
Also, a bill to incorporate the Soque and Tallulah RiveP Railroad Company.
Also, a bill to incorporate the town of Elko, in Houston county, and to define its limits, etc.
The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to amend, revise and consolidate the laws governing the inspection and analysis of commercial fertilizers, chemicals and cotton seed meal, and for other purposes.
Referred to the Committee on General Agriculture.

A bill to incorporate the town of Dennard, in Houston county, and for other purposes.
Referred to the Com~ittee on Corporations.

A bill to authorize and require the Judge of the County C.ourt of Wilkes county to purchase certain volumes of the Supreme Court Reports for the Clerk's office of said county.
Referred to the General Judiciary Committee.

A bill to incorporate the Madison and Eatontoa Dummy Line, etc.
Referred to the Committee on Railroads.

MoNDAY, SEPTEMBER 14, 1891.

475

A bill to amend the charter of the Athens Savings Bank, and the amendatory act.
Referred to the General Judiciary Committee.
A bill to incorporate the Soque and Tallulah River Railroad C<:>mpany, and for other purposes:
Referred to the Committee on Railroads.
A bill to incorporate the town of Elko, in Houston county, etc.
Referred to the Committee on Corporations.
A bill to incorporate Glynn Title and Loan Company,etc.
Referred to the Committee on Banks.
A bill to incorporate the Southover Street Railroad Company, and for other purposes.
Refen-ed to the Committee on Railroads.
A bill to incorporate the town of Hahira, in Lowndes county.
Referred to the Committee on Corporations.
A bill to amend an act to incorporate the town of Geneva, in Talbot county, Georgia.
Referrred to the Committee on Banks.
The bill of the House to incorporate the Chattanooga and Gulf Railroad Company was read the second time and passed to a third reading.
The bill of the House to amend the charter of the city of Macon, and the several acts amendatory thereof, so far as to authorize the Mayor and Council of said city to issue bonds to build water-works, and for other purposes, was read the second time.
On motion of Mr. Cabaniss, the action of the Senate ordering this bill to be engrossed, was reconsidered by unanimous consent, and on his further motion, was referred to the Committee on Corporations.

476

JOURNAL OF THE SENATE.

Leave of ab~enctl was granted Mr. Smith, of the 28th District, until Wednesday, on important business.

On motion of Mr. Warren, the amendments of the House to a bill of the Senate to amend an act to amend the charter of the Louisville Branch Railroad Company, were taken from the table and concurred in.

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

Mr. President:
Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:

A resolution to instruct the Keeper of Public Buildings to put the elevator in running order, to continue during the remainder of the present session.
Respectfully submitted. R. M. W. GLENN, Chairman.

The Senate took up the report of the Committee on the State of the Republic on the re:..olution of the House to authorize the appointment of a Commission to examine into the obstructions in Savannah river.

The report was agreed to..

The resolution was read the third time and concurred in, ayes 23, nays 7.

The Senate took up the report of the Committee on the State of the Republic on the resolution of the House providing for the appointment of a committee on the part of the General Assembly of Georgia to attend a meeting of the Savannah River Association, at Augusta, Georgia, 1891.
The report was agreed to.
The resolution was read the third time and concurred in, ayes 28, nays 0.

MoNDAY, SEPTEMBER 14, 1891.

477

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Commercial Travelers' Savings Bank, and for other 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 General Judiciary on the bill of the House to authorize the Grand Jury to fix the salary of the Judge of the County Court of Henry county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.

The Renate took up the report of the General Judiciary Committee on the bill of the Senate to regulate the fees of Solicitors-General and Solicitors of County Courts in reduced felony cases.
The committee reported in favor of its passage with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 26, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to repeal and amend so much of the 8th section of the act incorporating the town of Hawkinsville, Georgia, as requires citizenship in the Marshal of said town to make him eligible to office.
Proof of legal notice was submitted.
The repor'; was agreed to.
The bill was read the third time and passed, ayes 31, nays 0.

The Senate took up the report of the Committee on

478

.JOURNAL. OF THE SENATE.

Banks on the bill of the House to incorporate the Washington Guaranty and Loan Company, and for other purposes.
The committee reported in favor of its passage with an amendment, which waA adopte<l, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 32, nays 0.
Under a suspension of the Rules, ;Mr. Johnston, of the 39th District, introduced the following hill, which was read the first time and referred to the Committee on Finance, to-wit:
A bill to amend an act to levy and collect a tax for the support of the State government, and for other purposes.

The Senate having disposed of the business on the desk of the Secretary, adjourned, on mo.tion, until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, A'rLANTA, GEORGIA,
Tuesday, September 15, 1891, 10 O'clock A.M.

The Senate met pursuant to adjournment, the Preside.nt in the chair.

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

On the Ci!.ll of tl1e roll, the followiJlg Senators answered to their names :

Beard, Beck, Bennett, Boyd, Brown, Cabaniss,
Callaw~y,
Candler, Culpepper, C\llver,

Holden,

O'Neal,

Harlan,

Patton,

Harp,

81)1ith of 6th Di~t.,

Hill,

Strickland,

Hodges,

Tatl,J,m,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Ltme,

War.reJ,l,

TUESDAY, SEPTEMBER 15, 1891.

47.9

Etson, Ellington, Gill, Glenn,

Lanier, McRae, Mullis,
Nunn~lly,

Williams, Witcher, Zachry, Mr. President.

The Journal was read and approved.

Immediately after the reading of the Journal the President announced the special order for this period, to-wit:

The report of the Committee on Railroads on the bill of the House to be entitled an act to extend the powers of Railroad Commissioners, so as to give them power and authority to regulate charges by express eompanies for transportation; to regulate charges of telegraph companies for the transmission of messages by telegraph, or charges by persons engaged in the several businesses named herein ; to apply the powers given to said Commissioners by law, over railroad companies, to all companies or persons owning, controlling or operating a line or lines .of express and telegraph ; and make the penalties prescribed against railroads for dolating Commissioners' rules apply to the companies and persons herein named, whose line or lines is or are wholly or in part in this State, and for other purposes.

The committee reported in favor of its passage, with the following amendment:
Amend by striking from the bill and caption so much and every part thereof which :refers to sleeping car companies.

This amendment was submitted to the Senate and adopted.
Mr. Glenn proposed .to ~nd ~ bill as follows: :Strike from the bill and the caption thereof the words "express companies" wherever tb.e aame may ooeur.

Pending the oonsidenation Qf this bill, the special o:rder for 11 o'clock A. M. was, on motion Q{ Mr. Johnso.D., di~ placed, to-wit:
A bill of the Senate to f~l'tb~ provide for the 1~ of

480

JOURNAL OF THE SENATE.

mechanics, materialmen, contractors and laborers, and for other purposes.

Pending discussion of the special order, the following message was received from the House through Mr. Hardin, the Clerk thereof:

!ffr. President:
The House has passed the following bills, by the requisite constitutional majority, to-wit:

A bill to be entitled an act to make it unlawful for white and colored convicts to be confined together, or work, chained together, and to provide a penalty for the violation of the same.

Also, a bill to incorporate the National Guarn.ntee Company.

Also, a bill to amend an act to incorporate the Milledgeville Banking Company.

Also, a bill to amend the charter of the town of Buford, in Gwinnett couuty.
Also, a bill to incorpomte the Northeast Georgia Loan and Banking Company.

Also, a bill to incorporate the town of Mount Vernon; in the county of Montgomery.

Also, a bill to amend an act entitled an act to incorporate the town of Sharpsburg, in Coweta county.

Also, a bill amending an act incorporating the town of West End, approved Nov'ember 1, 1889.

Also, a bill to prohibit making or laying out of roads, streets or alleys, or other passl!-ge ways, through any of the cemeteries within the limits of Bibb county, without consent of the proper authorities.

Also, a bill to prevent persons bathing in the Ocmulgee river within certain distances of Riverside Cemetery.

TUESDAY, SEPTEMBER 15, 1891.

481

Also, a bill to amend an act to create a system of public schools for the city of Marietta, in the county of Cobb.

Also, a bill to amend an act to incorporate the Jackson Banking Company, at Jackson, Ga., approved December 15, 1888.

Also, a bill to incorporate the Quitman Street Railroad Company.

Also, a bill to incorporate the 1'mnsvale Railway Company.

Also, a bill to amend section 3921 of the revised Code.

Also, a bill to cede to the United S;ates Government jurisdiction in certain lands, and for other purposes.

Also, a bill to amend section 23 of an act approved December 26, 1888, so far a.'l it relates to the publication of the proceedings of the Mayor and Board of Aldermen of Jesup, Ga.

Also, a bill to establish a system of water-works for the town of Buena Vista.

Also, a bill to incorporate the town of Cement, Ga.

Also, a bill to amend an act relating to the registration of voters for the county of Morgan.

Also, a bill to establish a public school system in the town of Buena Vista.

Also, a bill to incorporate the town of Piedmont, in the county of Pike, to appoint Commissioners, etc.

Also, a bill to incorporate the Merchants' and Farmers' Savings Bank.
Also, a bill to amend an act creating the office of County Solicitor for Wayne county.
Also, a bill to repeal an act t.o provide for the registration of voters in Campbell county.
31

482

JOURNAL OF THE E)ENATE.

Also, a bill to amend an act to incorporate the Title Guarantee and Loan Company, of Savannah.

Also, a bill authorizing the Commissioners of Roads and Revenues of Early county to issue bonds to build a new jail.

Also, a bill to incorporate the Atlanta and Manchester Railroad Company.

Also, a bill to amend an act to create a Board of Commissioners for Greene county.
AJso, a bill to amend the charter of the town of Dallas, Ga., to the corporate limits, so as to embrace the county, and for other purposes.

The House has adopted the following resolutions, in which

the concurrence of the Senate is asked, to-wit:



A resolution to pay W. J. Houston the sum of four hundred dollars, for services rendered in investigating the betterments before the special committee.

Also, a resolution authorizing the Governor to have the interests of the State in the right of way and other prope:.::ty of the Western and Atlantic Railroad represented and protected.
Also, a resolution empowering the Governor to appoint a. Commission on Uniformity of Laws.
The House has concurred in the Senate amendments to the following House bill, to-wit :

A bill to alter and amend the registration act for Lee county.

Mr. Wa.lker moved to amend the bill by inserting after the word "State," and before the word ''who," in the fifth line of pre-cited bill, the following words: "Under the supervision of an expert expressman and telegraphist, to be employed by said Commission."
Mr. Terrell moved to amend section 1 by adding the fol-

TuEsDAY, SEPTEMBER 15, 1891.

483

lowing: "The said Commissioners shall also have power and authority to require said companies to locate agenciesat railroad stations."
On motion of Mr. Terrell, the further consideration of the special order was postponed until to-morrow morning, immediately after the reading of the Journal.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

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

A bill to require the agents of non-resident persons, firms, companies and corporations engaged in the bm;iness of lending money in this State to make returns and pay taxes.
Also, the following House re~>olution, with the recommendation that the same do pass, as amended, to-wit:
A reEtolution to furnish Colquitt county with standard weights and measures, and appropriate money therefor.
Also, the following House resolution, with the recommendation that the same do pass, to-wit:

A resolution to refund to C. C. Wheeler, of Walker county, thirty-three and -N~ dollars, paid by him as special tax as liquor dealer for 1891.

Also, the following Senate bill, with the recommendation that the introducer have leave to withdraw the same, to-wit:

A bill to amend section 2, paragraph 21 of the tax act, approved December 26, 1890, by striking therefrom the word "dentist."
Also, the following Senate resolution, with the recommendation that the same do pass, to-wit:

484

J-oURNAL OF THE SENATE.

A resolution to relieve the Commercial Alliance Life Insurance Company of New York.
Respectfully submitted. J. M. TERRELL, Chairman.
On motion of Mr. Glenn, the Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Chattanooga and Gulf Railroad Company, so as to change the name of said corporation and the routeof its railway, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended, ayes 33, nays 0.
Mr. Callaway, Chairman of the Special Judiciary Committee, submitted the following report:
Jfr. President:
Your committe have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that it do pass, to-wit:
A bill to be entitled an act to provide and establish works and electric lights for the town of Elberton, Georgia, etc.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to repeal the registration laws of Worth county, Georgia, etc.

Alt:o, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:

A bill to be entitled an act to punish semmg in any waters, lakes, ponds, or other running streams of the county of Worth, etc.

TUESDAY, SEPTEMBER 15, 1891.

Also, a bill to be entitled an act to prevent the killing of deer, wild turkeys and quail in the county of Worth, etc.
Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr. Beck, Chairman Committee on Public Property, submitted the following report:

Mr. President :

Your committee have had under conEiideration the following House resolutions, which they instruct me to report back, with the recommendation that the same do pass, towit:

A resolution relating to certain lands of the State on or near theW.&. A. Railroad.

Respectfully submitted.

M. W. BEcK, Chairman.

On motion of Mr. Beck, the bill of the House to provide for appointment of detectives, and for other purposes, was taken from the table and recommitted to the General J udiciary Committee.
The following bills of the House were read the second time and recommitted, to-wit:
A bill to amend the charter of the Athens Savings Bank.
A bill to incorporate the McRae, Ocilla and Southwestern Railroad Company.
A bill to incorporate the East and West Railway Company.
A bill to require all railroad companies in this State to furnish equal accom.modations on their trains for white and colored passengers, and for other purposes.
A bill to incorporate the Soque and Tallulah River Railroad Company.
A bill to incorporate the Madison and Eatonton Dummy Line.

486

JoURNAL OF THE SENATE.

A bill to incorporate the Washington and Middleton Railroad Company.
A bill to incorporate the Sonthover Street Railroad Company.

The following bills of the Senate were read the second time and recommitted, to-wit:
A bill to create and organize a new Judicial Circuit of the Superior Court of this State.

Also, a bill to incorporate the Southern Air Line Railroad Company.

On motion of Mr O'Neal, the bill of the House which passed the Senate and was, by joint resolution, recalled from the Governor, and which was subsequently pa;;sed by the Home, with an amendment, was referred to the General Judiciary Committee.

Under suspension of the Rules, Mr. Lanier introduced a bill to amend section 534 of the Code of 1882, which was read the first time and referred to the Committee on General Judiciary.
The following bills of the House were read the first time and referred as indicated, to-wit :
A bill to make it unlawful for white and colored convicts to be confined together, or work chained together, and to provide a penalty for violation of the same.
Referred to the Committee on Penitentiary.
A bill to incorporate the National Guarantee Company. Referred to the Committee on Corporations.
A bill to amend an act to incorporate the Milledgeville Banking Company, approved February 28, 1874.
Referred to the Committee on Banks.
A bill to amend the charter of the town of Buford, in Gwinnett county.
Referred to the Committee on Corporations.

TuESDAY, Sl!lPTEMBEA 15, 189L

487

A bill to incorporate the Northeast Georgia Loan and Banking Company.
Referredto the Committee on Banks.
A bill to incorporate the town of Mount Vernon, in Montgomery county.
Referred to the Committee on Corporations.
A bill to amend the charter of the town of Sharpsburg, in Coweta comity.
Referred to the Co.mmitteeon Corporations.
A bill to amend an act amending the charter of West End, approved November 1, 1889, and for other purposes.
Referred to the Committee on Railroads.
A bill to prohibit the makin6 or laying out of roads, streets or alleys, or other passage ways throug:t. any of the cemeteries in Bibb county, without the consent of the proper authorities.
Referred to the Special Judiciary Committee.
A bill to prevent persons bathing on the Ocmulgee river within certain distances of Riverside Cemetery.
Referred to the Special Judiciary Committee.
A bill to amlmd an act to create a system of public schools for the city of Marietta.
Referred to the Committee on Public Schools.
A bill to amend the charter of the Jackson Banking Company.
Referred to the Committee on Banks.
A bill to incorporate the Quitman Street Railway Com pany.
Referred to the Committee on Railways.
A bill to incorporate the Transvale Railway Company, and for other purposes.
Referred to the Committee on Railroads.

488

JouRNAL OJ!' THE SENATE.

A bill to amend section 3921 of the revised Code of Georgia.
Referred to the General Judiciary Committee.

A bill to cede to the United States Government jurisdiction in certain lands, and for other purposes.
Referred to the General Judiciary Committee.

A bill to amend section 23 of an act approved December 26, 1888, so f~r as relates to the publication of proceedings of the Mayor and Board of Aldermen of the town of Jesup, Ga.
Referred t() the Special Judiciary Committee.

A bill to establish a system of water-works for the town of Buena Vista, and for other purposes.
Referred to the Committee on Corporations.

A bill to incorporate the town of Cement, Ga. Referred to the Committee on Corporations.

A bill to amend an act approved October 22, 1887, relating to the registration of voters-for the county of Morgan.
Referred to the Special Judiciary Committee.

A bill to establish a system of public schools in the to,wn of Buena Vista.
Referred to the Committee on Public Schools.

A b_ill to incorporate the 1;own of Piedmont, in the county of Pike, etc.
Referred to the Commiitee on Corporations.

A bill to ir10orpora.te the Merchants' and Farmers' Savings Bank.
Referred to the Committee on Banks.

A bill to amend an act creating the office of County Solicitor for the county of Wayne.
Referred to the Special J adiciary Committee.

'l'UESDAY, SEPTEMBER 15, 1891.

489

A bill to repeal an act to provide for the registration of the qualified voters of Campbell county,
Referred to the Special Judiciary Committee.
A bill to incorporate the Title Guaranty and Loan Company, of Savannah.
Referred to the Committee on Banks.

A bill to authorize the CommiRsioners of Roads and Revenues of Early county to issue bonds to build a new jail for said county.
Referred to the Committee on Corporations.
A bill to incorporate the Atlanta and Manchester Railroad Company, and for other purposes.
Referred to the Committee on Railroads.

A bill to amend an act to create a Board of Commissioners for the county of Greene.
Referred to the Special Judiciary Committee.
A bill to amend the chartPr of the town of Dallas, Georgia, so as to embrace the cemetery in the corporate limits.
Referred to the Committee on Corporations.
A resolution to pay W. J. Houston the sum of $400.00 for services rendered in investigating betterments before the special committee.
Referred to the Committee on Finance.
A resolution empowering the Governor to appoint a Commission on Uniformity of Laws among the various States.
Referred to the General Judiciary Cemmittee.
The Senate, having disposed of all business on the desk of the Secre.tarv, adjourned, on motion, until 10 o'clock A.M. to-morrow.

490

JoURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 16, 1891, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.

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

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

Beard, Beck, Dennett, Boyd, Brown, CabaniEs, Callaway, Candler, cui pepper, Culver,
J<:O~on,
Ellington, _Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st. Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lane,

\Varren,

Lanier,

Williams,

McRae,

\Vitcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

O'Neal,

The Journal was read and approved.

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

Mr. President:
The House refuses to concur in the Senate amendment to the following bill of the House, to-wit:
A bill to provide for local taxation by counties for the support of common schools, and for other purposes.
The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to incorporate the Washington Guaranty and Loan Company.

WEUNESDA:V, 'SEP'AV~ 16, 1891.

491

The House has also concurred in the Senate amendment to the House resolution appropriating five hundred dollars for repairing the roof of the Capitol building.
The House has also passed the following bill by the requisite constitutional majority, to-wit:
A bill to amend acts incorporating the city of Madison, in Morgan county, approved March 12, 1866, and February 28, 1876.
On motion of Mr. Cabaniss, the Rules were suspended and the following House resolution was taken up, read the third time and referred to the General Judiciary Committee, to-wit :
A resolution to authorize the Governor to have the interest of the State protected in the right of way and other property of the Western and Atlantic Railroad.
The President announced the special order of yesterday, which was made the special order for to-day, after the reading of the Journal.
The title of this bill, the amendment of the Committee on Railroads, which was adopted, and the amendments offered and pending to the report of the committee, as amended, are spread in full on the Journal of yesterday.
The President announced as the first question in order the proposed amendment of Mr. Glenn.

The Senate adjourned at 1 o'clock, until 10 o'clock A. M., the Senator from the 40th District having the floor.

492

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 17, 1891, 10 O'clock A.M.

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

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

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

Beck, Bennett, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill, Glenn, Golde1,1,

Harlan,

Smith.of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 2tst Diet., Todd,

Johnston of 30th Dist., Vinc>ent,

Lamb,

Walker,

Lane,

Warren,

Lanier,

Willimns,

Mcllae,

Witcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

O'Nt>al,

Patton,

The Journal was read and approved.

On motion of Mr. Smith, of the 28th District, the special order was displaced, when he offered the following bill, which was read the first time and referred to the Special Judiciary Committee, to-wit:
A bill to change the manner of selecting Commissioners of Roads and Revenues in counties of this State where the same are now elected by the qualified voters of said counties, and for other purposes.
Leave of absence was granto.d Messrs. Brown and Lane for a few days on important business, and to Mr. Beard, on account of sickness in his family.
The following message was received from the House, through Mr. Hardin, the Clerk thereof:

THURSDAY, SEPTEMBER 17, 1891.

493

J[r. Pre8ulent
The House has paRsed the following House bill by the requisite constitutional majority, to-wit:
A bill to be entitled an act to make additional appropriations for fiscal years 1891 and 1892, and to supply deficiencies in several appropriations for the support of the government, and for other purposes.
The following message was received from the Governor, through Mr. W. H. Harrison, Secretary of the Executive Department:
Mr. President:
The Governor has appt:oved the following acts of the General Assembly:
An act to amend an act entitled an act to amend an act incorporating the Cincinnati, Georgia and Florida Railroad Compauy, approved August 14, 1891, and for other purposes.
Also, an a0t to incorporate the town of Nolson, in the counties of Cherokee and Pickens.
Also, an act to incorporate the city of Chickamauga, in the county of Walker.
Also, an act to regulate the law of year's support.
Also, an act to incorporate the Atlanta, Hapeville and Manchester Railroad Company, and for other purposes.
Also, an act to incorporate the city of Hapeville, and for other purposes.
The President announced as the unfinished business of yesterday, the Special order of Tuesday last, for which were pending at the time of adjournment the amendments proposed by Messrs. Glenn, Walker and Terrell, the same being spread in full on Tuesday's J oumal.
The first business in order was the amendment proposed by Mr. Glenn.

494

JoURNAL OF THE SENATE.

Mr. Hill called for the previous question on the bill and pending amendments.

The call was sustained, and the main question was ordered and put, as follows:

1. The amendment offered by Mr. Glenn.

On the adoption of this amendment, Mr. Johnson, of the 21st District, demanded the ayes and nays, which were recorded.

Tl:.ose who voted in the affirmative are Messrs.-

Cabaniss, Candler, Culver, Glenn, Harlan, Harp,

Irvine,

Smith of 6th Dist.,

Johnson of 21st Dist., Strickland,

,Johnston of 39th Dist.,Yincent,

Lamb,

Walker,

Lane,

Williams.

I
Those who voted in the negative are Messrs.-

Beck, Btnnett, Boyd, Brown, Callaway, cu:pepper, Eason, Ellington, Flint,

Gill, Hill,
Hodge~,
Lanier,
McRae, Mullis, Nunnally,
O'Neal;

Patton, Smith of 28th Dist., Tatum, Terrell, Todd, Warren, Witcher, Zachry.

There are ayes 16; there are nays 25.

So the amendment proposed by 1\lr. Glenn was not adopted.

The next question being the adoption of the amendment of Mr. Walker, the same was submitted to the Senate and lost.

The next proposition submitted to the vote of the Senate was the amendment offered by Mr. Terrell, which was adopted.

The question recurring upon the report of the committee,

THURSDAY, SEPTEMBER 17, 1891.

495

as. amended, the same was submitted to the Senate and agreed to.

The bill was read the third time, and on the questi(ln of i.ts passage, as amended, Mr. Warren demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beck, Bennett, Boyd, Brown, Callaway, Culpepper, Eason, Ellington, ]flint,

Gill, Hill, Hodges, Lanier, McRae, Mullis, Nunnally, O'Neal,

Patton, Smith of 28th Dist., Tatum, Terrell, Todd, Warren, Witcher, Zachry.

Those who voted in the negative are Messrs.-

Cabaniss, Candler, Culver, Harlan, Harp,

Irvine,

Smith of 6th Dist.,

Johnson of 21st Dist., Stricklanj,

.Johnston of 39th Dist., Vincent,

Lamb;

Walker,

Lane,

Williams.

There are ayes 25; there are nays 15.

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

On motion of Mr. Terrell, this bill was ordered to be immediately tranJ>mitted to the House of Representatives.

. The Senate bill to further provide for the lien of mechanics, materialmen, contractors and laborers, etc., which was displaced as the special order for Tuesday, was taken up and made the special order for Friday, the 18th instant, to-morrow.

Under a suspension of the Rules, Mr. Todd introduced the following bills, which were read the first time and referred to the Committee on Banks, to-wit:

A bill to incorporate the Atlanta Trust and Guaranty Company.

496

JOURNAL OF THE SEN-ATE.

Also, a bill to incorporate the Economical Banking Com'" pany, and for other purposes.

On motion of Mr. Terrell, the bill of the House to divide the State of Georgia into eleven Congressional Districts, in conformity to an act of Congress of the United States, approved February 7, 1891, which was the special order for this day at 11 o'clock A. M., and which was displaced by a previous special order, was takeu up under favorable report of the Committee on Congressional Apportionment.

Mr. Lamb submitted a protest of the people of Darien, which was read.
Mr. Lane proposed to amend section 3 by taking the county of Mcintosh from the list of counties in the 1st District, and adding said county of Mcintosh to the list of counties in the 11th District.
On question of adopting this amendment, Mr. La.ne demanded the ayes and na.ys, which were recorded.

Those who voted in the affirmative are Messrs.-

Callaway,

Johnston of 39th Dist.,Strickland,

Culver,

Lane,

Tatum,

Eason,

Lanier,

Todd,

Ellington,

Nunnally,

Warren.

Johnson of 21st Dist.,

Those who voted in the negative are Messrs.-

Beck, Bennett, Boyd, Brown, Cabaniss, Candler, Culpepper, Flint, Gill,

Glenn, Harlan, Harp, Hill, Hodges, Irvine, Lamb, McRae, Mullis,

O"Neal, Patton, Smith of 6th District, Smith of 23th Dist., Terrell, Vincent, Walker,
Wit1~her,
Zacllry.

There are ayes 13; there are nay8 27.

So the amendment was not adopted.

The report was agreed to.

THURSDAY, SEPTEMBER 17, 1891.

497

Mr. Lamb called for the previous question, which was sustained, and the main question being ordered, was submitted, to-wit:
Shall the bill now pass?

There are ayes 27 ; there are nays 0. So the bill was passed by a constitutional majority.

By resolution of Mr. Johnston, ex-Senator T. L. Lewis, of the county of Milton, was invited to a seat in the Senate during his visit to this city.

Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President :
Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, ~he following acts, to-wit:

An act to authorize the Grand Jury to fix the salary of the Judge of the County Court of Henry county.
Also, an act to amend the charter of the Capitol City Bank, and for other purposes.
Also, an act toamend the charterof the Fairmount Valley Railroad Company, approved November, Ui89, and for other purposes.

Also, an act to incorporate the. Irish-American Dime Savings Bank, of Augusta, Georgia.

Also, an act to amend section 3331 of the Code so as to give the lien Of attachment priority over that of any ordinary judgment obtained on a suit filed after the levy of the attachment.
Also, an act to amend an act to incorporate the Nachoochee Valley Railroad Company, and to define its rights and privileges, and for other purposes, approved Decemher 26, 1888.
32

498.

JonRNAL OF THE SENATE.

Also, an act to amend an act to incorporate the Abbeville
1and Waycross Railroad Company and to define its rights, powers, privileges, etc., and for other purposes.

Also, an !l.Ct to incorporate the Georgia, Virginia and Baltimore Railroad Company.
Also, an act to provide for the admission in evidence of certified exemplifications of the records and minutes of municipal corporations.

Also, an act to alter and amend the registration act for Lee county.

Also, an act to amend the charter of the Middle Georgia and Atlantic Railway Company.

Also, an act to incorporate the SaYannah and Oconee Railroad Company, to define its rights and privileges, and for other purposes.

Also, an act to incorporate the Georgia Mineral Railroad, and for other purposes.

Also, a:n act to amend an act approved December 20, 1890, entitled an act to amend an act to provide for the registration of the legal voters of Laurens county, and for other purposes, appro\ed October 24, 1887.

Al!'o, an act to incorporate the J.. ouisa Steamboat Company of Duhlin, Ga.

A resolution to pay members of the General Assembly, principal Doorkeepers and Messengers of the House and Senate mileage for the adjourned session of 1891.

Also, a resolution to authoirze the appointment of a Commission to examine into obstructions in Savannah river.

Also, a resolution to appropriate $500, or so much thereof as may be necessary for the painting or repairing of the capitol building.

A joint resolution providing for the appointment of a

THURSDAY, SEPTE!IIBER 17, 1891.

499

committee on the part of the General Assembly of Georgia to attend a meeting of the Savannah River Association, at Augusta, Ga., Novem~. 1~91.
Respectfully submitted.
R. M. ,V. GLENN, Chairman.

Mr. Candler, Chairman Jommittee on Corporations, submitted the following report:

Mr. Preside'flt:
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 incorporate the Americus Transit Company, and for other purposes.
Also, a bill to be entitled an act to incorporate the town of Sharpsburg, in the county of Coweta, and for other purposes.
Also, a bill to be entitled an act to amend the charter of the city of Macon, and the several acts amendatory thereof, so far as to authorize the Mayor and Council of the city of Macon to issue bonds to build water-workfl, etc.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass by substitute.
A bill to be entitled an act to create a Board of Police Commissioners for the city of Rome, etc.
Respectfully submitted. W. E. CANDLER, Chairman.
Mr. Johmon, Chairma.n Comm:ttee on Railroads, submitted the following report:
Mr. Pre8ident:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the some do pass, to-wit:

500

JoURNAL OF THE SENATE.

A bill to be entitled an act to incorporate the Southern Air Line Railroad Company.
Respectfully submitted. RICHARD JoHNSON, Chairman.
Mr. Cabaniss, 0hairman Com mittee on General Judiciary, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill.i:, which they instruct me to report back, with the recommendation that the ~>arne do not pass, to-wit:

A bill to authorize and require the County Commissioners of Bibb county to have prepared a general index to the records in the office of the Clerk of the Superior Court of said county, and for other purposes.
Also, a bill to be entitled an act to cede to the United States Government jurisdiction in certain lands, and for other purposes.
Also, a bill to be entitled an act to amend section 3921 of the revi~>ed Code of Georgia.

Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be ehtitled an act to amend an act to incorporate the town of Adel, in the county of Berrien, and for other purposes.

Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend section 534 of the Code of 1882, and for other purposes.

Also, a bill to be entitled an act to amend section 4406 of of the Code of 1882 relating to the larceny of bonds, notes,

THURSDAY, SEPTEMBER 17, 1891.

.501

etc., and prescribing a penalty therefor, so as to make the larceny a misdemeanor when the property stolen is under the value of fifty dollars, and prescribe a penalty therefor, and for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to prohibit fortune telling, acting as mediums, astrologers and other forms of spiritualism.
Also, the following House resolutions, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A resolution to authorize the Governor to have the interest of the State in the right of way and other property of the Western and Atlantic Railroad represented and protected.
Also, a resolution empowering the Governor to appoint a Commission on Uniformity of Laws among the various States.
Respectfully submitted. 'f. B. CABANISs, Chairman.
Mr. O'NPal, Chairman Committee on Banks, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report ba<tk, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Security Bank, and~for other purposes.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to incorporate the Georgia Savings Bank with power to do a banking business, to act

5()-2

JoURNAL OF THE SENATE.

as agent, assignee, receiver, executor, administrator and trustee, with its principal office in the city of Atlanta, and for other purposes.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass. to-wit:
A bill to be entitled an act to amend an act incorporating the Athens Savings Bank, approved October 19, 1885, and an act amendatory thereto, approved October 24, lt;87.
Also, a bill to be entitled an act to incorporate the Merchants' and Farmers' etc.
Also, a bill to be entitled an act to amend an act to incorporate a bank in the city of Milledgeville to be known as the Milledgeville Banking Company, and for other purposes.
Also, a bill to be entitled an act to amend an act to incorporate the Jackson Banking Company, at .Jackson, Georgia, approved, December 15, 18S8, enlarging the powers of said bank, etc.
Respectfully submitted. MAsToN O'NEAl., Chairman.

On motion of Mr. Cabaniss, the Hom;e resolution to authorize the Governor to have the interest of the State in the right of way and other property of the Western and Atlantic Railroad represented and protected, was read the second time and passed to a third reading.
Under a suspension of the Rules, the bill of the Senate to. incorporate the Southern Air-Line Railroad Company was taken up, the same having been reported favorably by the Committee on Railroads.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The bill of the Senate. to amend section 1705 of the Code, was withdrawn by Mr. Walker with the consent of the Senate.

THURSDAY, SEPTEMBER 17, 1891.

503

The bill of the Senate to make all railroads, express and

other companies or common carriers liable for damages, etc.,

in certain cases, was made the Rpecial order for Tuesday,

September 22, 1891.



The bill of the House to make penal the non-compliance of laborers or others with their contracts, etc., was made the special order for Friday the 19th instant, at 11 o'clock A. M.
The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to incorporate the Americus Transit Company, andfor other purposes.
A hill to amend section 3921 of the Revised Code.
A bill to cede to the United States government jurisdiction in certain lands.
A bill to amend the charter of the town of Sharpsburg, in Coweta county.
A bill to authorize and require the County Commissioners of Bibb county to have prepared a general index to the records in the office of the Clerk of the Superior Court of said county.
A bill.to require the agents of non-resident persons, firms, companies and corporations engaged in the busine~s of lending money in the State to make returns and pay taxes.
A bill to repeal the registration law of Worth county.
A bill to amend an act to incorporate the Milledgeville Banking Company, approved February -8, 1874.
A bill to punish seining in any waters, lakes, ponds, etc., of the county of Worth and tor other purposes.

A bill to incorporate the Merchants and Farmers' Savings Bank.
A bill to create a Board of Police Commissioners for the City of Rome.

504

JouRNAL OF THE SENATE.

A bill to incorporate the Security Bank.
A bill to amend the charter of the Jackson Banking Company.
A bill to prevent the killing of deer, wild turkeys and quail in the county of Worth.
A resolution empowering the Governorto appoint a Commission on Uniformity of Laws among the various States.
Also, a resolution relating to certain lands of the State on or near the We:;tern and Atlantic Railroad.
The following bill~ of the Senate were read the second time and pa~sed to a third reading, to-wit :
A bill to provide and establish a system of water-works and electric lights for the town of Elberton, Ga.
A bill to amend section 534 of the Code of 1882.
A bill to amend section 4406 of the Code.
A bill to incorporate the Georgia Savings Bank.
Also, a resolution to relieve the Commercial Alliance Life Insurance Company of New York.
On motion of Mr. Terrell it was ordered that when the Senate adjourns this day, it shall adjourn until "9 o'clock A.M. to-morrow.
The following bills of the House were read the second time and recommitted, to-wit:

A bill to amend an Act to create a system of public schools for the City of Marietta.
Al!:!o a bill to establish a public school system in the town of Buena Vista.
The following bills of the House were read the first time and referred, as indicated, to-wit :
A bill to amend the acts incorporating the city of Madi-

FRIDAY, SF.PTEMBER 18, 1891.

505

son, approved March 12th, 186!5, and February 28th, 1876, and for other purposes.
Referred to the Committee on Corporations.
A bill to make additional appropriations for the fiscal years 1891 and 1892, and to supply deficiencies in several appropriations for the support of the government, and for other purposes.
Referred to the Committee on Finance.

The hour of adjournment havmg arrived, the PreRident, pro tem. being- in the Chair, declared the Senate adjourned until 9 o'clock A.M. to-morrow.

SE~ATE CHAMBER, ATLANTA, GEORGIA, Friday, Septem her 18, 1891, 9 O'clock A. M.

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

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

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

Beck, Bennet, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, :Flint, Gill, Glenn, Golden,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dif:lt., Todd,

Johnston of 3\Jth Di,t., Vincent,

Lamb,

Walker,

Lanier,

Warren,

McRae,

Williams,

Mullis,

"'itchcr,

Nunnally,

Zachry,

O'Neal,

Mr. President.

Patton,

The Journal was read and approved.

Leave of absence for this morning was granted the members of the Committee on General Agriculture.

506

JOURNAL OF THE SENATE.

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

By resolutions the courtesies of the Senate were extended to Mr. W. J. Paschal and Hon. R. L. Northen during their stay in this city.

Mr. Candler offered the following privileged resolution, which was taken up, to-wit:
Resolved by thfJ Senate, the Hou8e concurring, That the General Assembly adjourn, sine die, on Wednesday, September 2od, 1891.
Mr. Warren proposed to amend by substituting October 1st in lieu of September 23d.
Mr. Walker moved to amend by adding to the resolution "or so soon as the public business is disposed of."
Mr. Smith, of the 28th District, moved to amend hy adding at the end of the resolution, "or as soon thereafter as the public interest will justify."

Mr. Terrell moved to lay the resolution on the table.

On this motion, Mr. Candler demanded the ayes and nays, which were ordered by the Senate and recorded.

Those who voted in the affirmative are Messrs.-

Boyd, Ellington, Harlan, Harp, Hodges, Irvine,

Lanier, Nunnally, Patton, Rmitb of 28th Dist., Strickland,

Terrell, Todd, Walker, Warren, Zachry.

Those who v()ted in the negative are Messrs.-

Beck, Cabaniss, Candler, Culpepper,

Eason, Flint, Glenn, Hill,

Johnston of 39th Dist., Lamb, Vincent.

There are ayes 16; there are nays 11.

So the motion to lay the resolution on the table prevailed.

FRIDAY, SEPTEMBER 18, 1891.

507

The President announced the special order for this morning immediately after the reading of the Journal, to-wit:

A bill of the Senate to further provide for the lien of mechanics, etc.

This bill was, on motion, laid on the table.

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

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

A bill to be entitled an act to establish a public school system in the town of Buena Vista, etc.

Also, an act to be entitled an a~t to amend an act to create a system of public schools for the city of Marietta in the county of Cobb, to levy a tax, etc.

Also, a bill to be entitled an act to amend section 8 of an act establishing a public school system for Covington, approved September 13,1887, so as to provide that ~he amount of public school fund of Newton county to be paid for the maintenance of said public school system of the city of Covington shall be estimated according to the ratio that the school pop1lation of Covington bears to the school population of Newton county, as shown by latest school census, and for other purposes.

Respectfully submitted.

IRVINE, Chairman.

Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
lv.fr. President:
Your Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House of Repre-

508

JOURNAL OF THE SENATE.

sentatives, and ready for the signatures of the President and Secretary of the Senate, the following act, to-wit:

An act to incorporate the Commercial Travelers' Savings Bank, and for other purposes.

Also, an act to incorporate the Washington Guaranty and Loan Company, and for other purpo,:;es.

Also, an act to amend an act entitled an act to incorporate the Chattanooga and Gulf Railroad Company, and for oth2r purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.

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

A bill to make additional appropriations for the fiscal years 1891 and 1R92, and for other purposes.

A resolution to pay W. J. Houston the sum of $400 for services rendered.

A resolution for the relief of W. C. Wright; and

A resolution for the relief of Julia McConnell.
Under a suspension of the Rule;;, Mr. Gle::n introduced the following bill, which was n;ad the first time and referred to the General Judiciary Com mittee, to-wit:
A hill to require persons, companies and corporations operating, or that ma:v hereafter operate, any line of railroad in this State, to post notices of the time of their beginning to operate such line, and for other purposes.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr.President: The House has passed the following bills of the House by
the requisite constitutional m 1jority, to-wit:
A bill to amend paragraph 4 of section 3854 of the Code

FRIDAY, SEPTEMBER 18, 1891.

509

of Georgia of 1882, so that the husband and wife shall be competent, but not compellable, to testify against the other.
Also, a bill to amend section 4662 of the Code.

Also, a bill to amend the charter of the city of Macon and the several acts amendatory thereof, so as to authorize the mayor and council to issue bonds.

Also, a bill to amend section 3869 of the Code, so as to provide for the more complete examination of certain witnesses.

Also, a bill to amend an act approved November 11th, 1889, to allow guardians to sell the property of their wards for reinvestment.

The House has adopted the following resolution in which the concurrence of the Senate is asked, to-wit:

A resolution for the relief of 0. E. Carter, of walton county.

The following bills of the Hou~e were read the first time and referred as indicated, to-wit:

A bill to amend section 3869 of the Code. Referred to the General Judiciary Committee.

A bill to amend section 4662 of the Code. Referred to the General Judiciary Committee.

A bill to amend part 4 of section 3854 of the Code. Referred to the Genera.l Judiciary Committee.

A bill to amend an act approved November 11th, 1889, to

allow guardians to sell the property of their wards for rein-

vestment, and for other purposes.



Referred to the General Judiciary Committee.

A bill to amend the charter of the city of Macon and the several aetsamendatory thereof, so,as to authorize the mayor and council to issue bonds, etc.
Referred to the Committee on Corporations.

510

JOURNAL OF THE SJ:o;NATE.

A resolution for the relief of 0. E. Carter. Referred to the Committee on Finance.
Mr. Glenn, Chairman Committee on Enrollment, submitted the following report:

.Mr. President:
Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate the following acts, to-wit:
An act to amend an act entitled an act to charter the Louisville Branch Railroad Company, appr(lved August 14, .1879, so as to authorize the Board of Directors to extend said road, change the name, and for other purposes.
Respectfully submitted.
R. M. w. GLENN,
Chairman Committee on Enrollment.

The Senate took up the Report of the Committee on Finance on the resolution of the House to furnish Colquitt county with standard weights and measures and appropriate money therefor.
The report was agreed to.
The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.
Those who voted in the affirmative are Messrs.-

Beck, Bennett, Boyd, Cabaniss, Callaway, Culn:r, Eason, E:llington, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of ::!8th Dist.,

Hill,

Strickland,

Irvine;

Tutnrn,

Johnston of 39th Dist., Terrell,

Lamb,

Vincent,

Lanier,

Walker,

McRae,

Warren,

Mullis,

Zachry.

Nunnally,

There are ayes 32; there are nays 0.

FRIDAY, SEPTEMBER 18, 1891.

511

So the resol~tion was concurred in by constitutional majority.
On motion of Mr. Ellington, this resolution was ordered to be immediately transmitted to the Bouse.

The Senate took up the report of the General Judiciary Committee on the reaoffition of the House to authorize the Governor to have-the interest of the State in the right of way, and other property of the Western and Atlantic Railroad repre:3ented and protected.
The report was agreed to.
The resolution was read the third time and concurred in, ayes 31, nays 0.
On motion of Mr. Cabaniss, this resolution was ordered to be immediately transmitted to the House.
The Senate took up the report of the Special Judiciary Committee on the bill of the House- to punish seining in :my waters, lakes, ponds or running streams of the county of Worth, and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill wa~ read the third time and passed, as amended, ayes 31, r"ays 0.
The Senate took up the report of the- General Judiciary Committee on the bill of the House to authorize and require the County Commissioners of Bibb county to have prepared a general index to the records in the office of the Clerk of the Superior Court of said county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.

512

JoURNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal the registration laws of Worth county and all amendments thereto.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
The Senate took up the report or the General Judiciary Committee on the resolution of the House empowering the Governor to appoint a Commission on uniformity of laws among the various States.
The reportwas agreed to.
The resolution was read the third time and concurred in, ayes 28, nays 2.
The Senate took up the report of the Committee on Banks on the bill of the House to amend the charter of the A_t,hens Savings Bank, approved October 19, 1885, and an act amendatory thereto, approved October 24, 1887.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.
The special order of to-day was announced by the President at the hour of 11 o'clock A. M., to-wit:
The bill of the House to make penal the non-compliance of laborers with their contracts, after advances made thereon.
On motion of Mr. Beck, this special order was discharged and made the special order for Thursday, September 24, 1891.
Mr. Candler, Chairman of the Committee on Corpora~ tions, submitted the following report:
Mr. Pre$ident: Your committee have had under consideration the fol-

FRIDAY, SEPTEMBER 18, 1891.

513

lowing House bill, which they instruct me to report back, with recommendation that the same do pass, as amended, to-wit
A bill to be entitled an act to incorporate the town of Mount Vernon, in the county of Montgomery, to define the powers, duties and liabilities of the incorporators and officers, and for other purposes in connection therewith.
Respectfully submitted. W. E. CANDLER, Chairman.

Mr. Candler, Chairman of the Committee on Corporations submitted the following report:
llfr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to reyise, consolidate and amend the act establishing a Board of Commissioners for the county of Decatur, approved December 15, 1871, and all acts amendatory thereto.
Respectfully submitted. W. E. CANDLER, Chairman.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to provide and establish a system of Water-Works and Electric Lights for the town of Elberton, Georgia, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 31, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of Macon and the several acts amendatory thereof, so far as to authorize the Mayor and Council of said city to issue bonds to build water-works, and for other purposes.
33

514

JOURNAL OF THE SENATE.

Proof of legal notice was submitted.
The report was agreed to.
The bill was read the thirrl time and passed, ayes 30, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the 1\lerch:mts' and Farmers' Savings Bank, and for other 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 Banks on the bill of the House to incorp0rate the Security Bank, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 31, nays 1.

The Senate took up the report of the Committee on Public Property on the resolution of the House relating to certain lands of the State on or near the \Vestern and Atlantic Railroad.
The report was agreed to.
The resolution was read the third time and concurred in, ayes 31, nays 0.

1\lr. O'Neal, Chairman of the Committee on Banks, submitted the following report:
Mr. Pte8ident:
Your committee ha,e had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to incorporate the Glynn Title and Loan Company, and for other purposes.

FRIDAY, SEPTEMBER 18, 1891.

5V"i

Also, the following Houce bill, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Northeast Georgia Loan and Banking Company, and for other purposes.
Also, the following Senate bill, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Economical Banking Company, and for other purposes.
Also, the following House bill, with the recommendation that the same do pass, to-wit.
A bill to amend an act entitled an act to incorporate the Title Guarantee and Loan Company, of Savannah, and for other purposes.
Respectfully submitted. MASTON O'NEAL, Ch=tirman. '

The Senate took up the report of the Committee on Banks on the bill of the House to amend the charter of the Milledgeville Banking Company, approved February 28, 1874.
The report was agreed to.
The bill was read the third time and passed, ayes 3(, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to prevent the killing of deer, wild turkeys and quail in the county of Worth.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 30, nays 0.

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

516

JOURNAL OF THE SENATE.

porations on the bill of the House to revise, consolidateand amend the acts establishing a Board of Commissioners for the county of Decatur, approved December 13, 1871, and all amendatory acts.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 27,. nays 0.

The Senate took up the report of the Committee on Banks on the Bill of the House to amend an act to incorporate the Jackson Banking Company.
The report wa!': agreed to.
The bill was read the third time and passed, ayes ~0, nays 0.

The Senate took up the report of the Committee on Finance on the resolution of the Senate to relieve the Commercial Alliance Life Insurance Company, of New York.
The report was agreed to.
The resolution was read the third time and agreed to, ayes 31, nays 1.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 4406 of the Code.
The report was agreed to~
The bill was read the third time and passed, ayes 30, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Georgia Savings Bank, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 30, nays 0.

FRID..t_Y, SBPTEl\lBER 18, 1891.

517

The Senate took up the report of the General Judiciary <Committee on the bill of the Senate to amend section 534 <>f the Code.
The report was agreed to.
The bill was rtad the third time, and passed, ayes 31, nays 0.
The bill of the House to amend the charter of the city of Madison was read the second time, and recommitted.

The bill of the House to make it unlawful for white and -eolored convicts to be confined together or work chained tcgether, was read the second time and recommitted.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 3921 .Qf the Code.
The report was agreed to.
The bill was read the third time !tnd passed, ayes 30, nays 0.

The bill of the House to amend the new charter of Atlanta was read the second time and recommitted.

The Senate took up the report of the Committee on Public Schools on the bill of the House to amend section 8 of an act establishing a public school system for Covington, .and for other purposes.
Proof of legal notice was submitted.
'The report was agreed to.
The bill was read the third time, and passed, ayes 27, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to cede to the United States Government jurisdiction in certain lands, and for .other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.

518

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Americus Transit Company, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes :29, nays 0.
The Senate took up the report of the Committee on Public Schools on the bill of the House to establish a system of public schools in the town of Buena Vista, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 30, nays 0.
The Senate took up the report of the Committee on Public Schools on the bill of the House to amend an act to create a system of public schools for the city of Marietta, and for other purposes.
Proof of legal notice was submitted.
. The report was agreed to.
The bill was read the third time and passed, ayes 31, nays 0.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clo..:k A. :\I. Monday next.

SE!IIATE CHAMBER, ATLANTA, GFORGIA,
Monday, September 21, 1891, 10 O'clock A. :\1.
The Senate met pursuant to adjo1Irnment, the President
in the chair,.
Prayer wtos offered by the Rev. John .Jones, D. D., Chaplain of the Senate.
On motion of Mr. Nunnally, the call of the roll was dispensed with..

MoNDAY, SEPTEMBER 21, 1891.

519

Leave of absence was granted to Messrs. Zachry, Terrell and Vincent.
By resolution of Mr. Johnson, the courtesies of the Senate were extended to ex-Senator C. B. Wooten, during his stay in this city.

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

llfr. President :
The House has passed the following bill by the requisite constitutional majority: to-wit:
A bill to provide for the redemption of real property sold at sheriff's sale.
Also, a bill to amend the charter of Morganton.
Also, a bill to amend section five of an act approved December 30th, 1890, entitled an act to amend the laws of this State in reference to the inspection of illuminating oils.
Also, a bill to change the terms of Morgan Superior Court.
Also, a bill to ameni an act to incorporate the town of \Vadley, in the county of Jefferson.
Also, a bill requiring the County School Commissioner of Greene county to pay over to the trustees of the Thomas Stocks' Institute all the public school fund of the State to which said school is entitled.
Also, a bill to incorporate the International Railway Employees' Accident Association.
Also, a bill to amend the charter of the town of Blue Ridge, approved Oct. 24th, 1887.
Also, a bill to incorporate the Carrollton and Roanoke Railroad Company.
Also, a bill to amend an act to incorporate the town of Alapaha, in the county of Berrien.
Also, a bill to change the time of Baldwin Superior Court.

520

JoURNAL OF THE SENATE.

Also, a bill to amend the charter of the Merchant~' and Farmers' Bank, of Hogansville.

Also, a bill to permit the Commissioners of Commons of Columbus to donate certain lands.
Also, a bill to amend an .act to incorporate the Albany and Bainbridge Railroad Company.

Also, a bill to change the norih line of the corporation of Waresboro.

Also, a bill to amend an act to repeal an act to incorporate the town of Forestville.

Also, a bill to provide for the compensation of the Board of Education of Bryan county.

Also, a bill to incorporate the Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia.

Also, a bill to submit to the legal voters of the county of Clinch whether they will abolish the Board of Commi:::sioners for said county.

Also, a bill to incorporate the town of Neal in the county of Pike.

Also, a bill to incorporate the Brunswick and Altamaha

Canal Company.



Also, a bill to amend an act entitled an act to alter and fix the pay of the County Treasurer of DeKalb county and for other purposes.

Also, a bill to amend sections 5 and 8 of the act to incorporate the South Georgia Bank of Waycross.

Also, a bill to amend the charter of the Cit.y of LaGrange.

Also, a bill to abolish the County Commissioners of Bryan county.
Also, a bill to amend an act to create a Board of Police Commissioners for the Cit.y of Augusta.
Also, a bill to amend an act to incorporate the \Vaycross Air Line Railroad Company.

MoNDAY, SEPTEMBER 21, 1891.

521

Also, a bill to create the office of Solicitor-General for the -county of Wilcox.
Also, a bill to amend an act to incorporate the Savannah Street and Rural Resort Railroad Company.
Also, a bill to incorporate the town of Rocky Mount in Meriwether county.
Also, a bill to amend an act entitled an act to levy and collect a tax for the support of the State government and for other purposes.
Also, a bill to provide for the registration of voters of municipal elections in the city of Macon.
The House has passed by the requisite constitutional majority the following Senate bill, to-wit:
A bill to amend the local option laws of Hart. county.

The following bills of the House were read the first time :and referred as indicated, to-wit :
A bill to incorporate the Carrollton and Roanoke Railroad Company.
Referred to the Committee on Railroads.
A bill requiring the County School Commissioner of Greene county to pay over to the trustees of the Thomas Stocks Institute that part of the puhlic school fund to which the white children of said Institute are entitled.
Referred to the Committee on Public Schools.

A bill to submit to the legal voters of the county of Clinch the question of abolishing the Board of Commissioners of said county.
Referred to Committee on Corporations.

A bill to provide for the redemption of real property sold .at sheriff's sale.
Referred to General Judiciary Committe.

522

JOURNAL OF THE SENATE.

A bill to amend the charter of the town of Alapaha u11 the county of Berrien, approved September 29th, 1881.
Referred to the Committee on Corporations

A bill to amend the charter of Morganton. Referred to the Committee on Corporations.

A bill to incorporate the International Railway Employees" Accident Association.
Referred to the General Judiciary Committee.

A bill to change the terms of Morgan Superior Court. Referred to the Special Judiciary Committee.

A bill to amend the charter of Blue Ridge, approved October 24, 1887, and for other purposes.
Referred to the Committee on Corporations.
A bill to change the time of Baldwin Superior Court and for other purposes.
Referred to the Special Judiciary Committee.
A bill to amend the charter of the town of Wadley iu. .Jefferson county, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend the charter of the Merchants and Farmers' Bank of Hogansville.
A bill to amend an act to incorporate the Albany and Bainbridge Railroad Company.
Referred to the Committee on RailroadR.
A bill to incorporate the Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria,_. of Georgia.
Referred to the Committee on Corporations.

A bill to provide for the compensation of the Board of Education of Bryan county, and' for other purposes.
Referred to the Committee on Education.

MONDAY, SEPTEMBER 21, 1891.

523

A bill to amend the charter of the city of. LaGrange. Referred to the Committee on Corporations.

A bill to create the office of Solicitor-General for the county of Wilcox, and for other purposes.

Referred to the Special Judiciary Committee.

A bill to abolish the County Commissioners of Bryan county.

Referred to .the Special Judiciary Committee.

A bill to amend the charter of the Savannah Street and Rural Resort Railroad Company, approved September 22d, 1883, and for other purposes therein stated.

Referred to the Committee on Railroads.

A bill to amend an act to create a Board of Police CommissionenJ for the city of Augusta.

Referred to the Committee on Corporations.

A bill to incorporate the town of Rocky Mount in Meriwether county.

Referred to the Committee on Corporations.
-
A bill to incorporate the town of Neal in the county of Pike, and to repeal so much of an act approved Sertember 18, 1883, to prohibit the sale of alcoholic, spirituous or malt liquors or intoxicating bitters in Pike county, so far as relates to the town of Neal, and for other purposes.

Referred to the.Committee on Corporations.

A bill to incorporate the Brunswick and Altamaha Canal Company and for other purposes.

Referred to the Committee on Corporations.

A bill to permit the Commi!;sioners of Commons of Colum bus to donate certain lands.

Referred to the Special Judiciary Committee.

A bill to change the north line of the corporation of

\\raresboro, etc.



Referred to the Committee on Corporations.

524

JOURNAL OF THE SENATE.

A bill to amend an act to repeal an act to incorporate the town of Forestville in Floyd county.
Referred to the Committee on Corporations.
A bill to amend section 5 of an act, approved December 30, 1890, entitled an act to amend the laws of this State in reference to the inspection of illuminating oils, and for other purposes.
Referred to the Committee on General Agriculture.
A bill to amend an act to incorporate the Waycross Air Line Railroad Company, and for other purposes, approved October 24, 1887, and the act amendatory thereof, approved September 25, 1889, by providing for other extensions and branches of said road.
Referred to the Committee on Railroads.
A bill to provide for the registration of voters at municipal elections in the city of Macon, to fix the time, place and manner in which such registration and election shall be had, and for other purposes.
Referred to the Special Judiciary Committee.
A bill to amend an act to levy and collect a tax for the support of the State Government and the public institutions, for educational purposes in instructing children in the elementary branches of an English education only, to pay interest of the public debt, and to pay maimed Confederate soldiers and widows of Confederates such amounts as are allowed hy law, for each of the fiscal years 1891 and 1892, and for other purposes, approved December 26, 1890.
Referred to the Committee on Finance.
A bill to amend an act to alter and fix the pay of the County Treasurer of DeKalb county, and, also, to fix the per diem that shall be allowed the Sheriff of said county for board of prisoners in the county jail, approved February 19, 1876, so as to prohibit the said Treasurer from collecting or retaining a per centurn on any money or moneys received or paid out that may be borrowed by said county.
Referred to the Special Judiciary Committee.

TUESDAY, SEPTEMBER 22, 1891.

52.5

A hill to amend sections 5 and 8 of an act to incorporate the South Georgia Bank of Waycross, and for other purposes.
Referred to the Committee on Banks.

The following bills of the House were read the second time and passed to a third reading, to-wit :

A bill to incorporate the town of .Mount Vernon in .Montgomery county.

A bill to incorporate the Northeast Georgia Loan and Banking Company, and for other purposes.
A bill to amend an act to incorporate the Title Guaranty and Loan Company of Savannah, approved October 17, 1887, and for other purposes.

Also, a bill to incorporate the Glynn Title and Loan Company, and for uther purposes.

The bill of the Senate to incorporate the Economical Banking Company, and for other purposes, was read the second time and passed to a third reading.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, untillO o'clock A. M. to-morrow.

SE~ATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, September ~2, 1891, 10 O'clock A. l\L

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

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

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

Beard, Beck,

Golden, Harlan,

Smith of 6th Dist., Smith of 28th Dist.,

526

JoCRNAJ, OF THE SENATE.

Bennett, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill,

Harp,

Strickland,

Hill,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lane,

Warren,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Zachry,

Patton,

Mr. President.

The Journal was read and approved.

Under a suspension of the Rules, Mr. Terrell offered the following resolution, which was taken up, read, agreed to and ordered .to be immediately transmitted to the House, to-wit:

Resr..lved by the &nate, the House concurring, That the SenatC; Committee and House Committee on Rules be, and are, hereby instructed to hold a jvint meeting for the purpose of determining the earliest day practicable for the adjournment of this session of the General Assembly and make report thereof by Thursday of this week.

Mr. Irvine, Chairman pro tenL. of the Committee on Enrollment. submitted the following report:

Mr. President:
Your committee report as properly enrolled and ready for the signatures of the President and the Secretary of the Senate the following Senate bill, to-wit:

An act to amend the local option laws of Hart county, Georgia.
Respectfully submitted. \V. T. lRYINE, Chairman pro tl'ln.

Mr. Terrell, Chairman Committee on Finance, submitted the following report :

..lfr. Pre,sident: Your committee ha,e had under eon::-id<'ration the fol-

TuESDAY, SEPTEMBER 22, 1891.

527

lowing House resolutions, which they instruct me to report ,back, with the recommendation that they do pass, to-wit:

A resolution for the relief W. C. Wright.

Respectfully submitted.

J. M. TERRELL, Chairman.

Under a suspension of the Rules, the following bills were introduced, read the first time and referred as indicated, to-wit:
ByMr. WalkerA bill to provide for filing, hearing and determining con-
tested elections in this State, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Cabaniss-
A bill to incorporate the Mutual Building Loan and Land Association of Georgia.
Referred to the Committee on Corporations.
The bill of the House to amend an act to levy and collect a tax for the support of the State Government aud thf~ public industries, etc., and for other purposes, approved December 26, 1890; and

The bill of the House to make additional appropriation for the fiscal years 1891 and 1892, and to supply deficiencies in several &ppropriations for the support of the Government, and for other purposes, were made the special order for Thursday, the 24th instant, immediately after the reading of the Journal, the first of these bills having this day been read the second time and recommitted to the Finance C0mmittee.
The bill of the House to make penal the non-compliance of laborers or others with their contracts, where advance:; have been made, etc., which was made the special order for Thursday, the 2'4th instant, was, on motion, made the spe~ial order for 'Vednesday, the 23!1 instant.
)lr. Candler, Chairman of the Committee on Corporations, submitted the following report:

528

JouR:-<AI, oF THE SE~ATE.

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with recommendation that the sam6 do pass, to-wit:
A bill to be entitled an act to incorporate the town of Dennard, in the county of Houston, to define their powers and duties, and for the election of Mayor and Council, Marshal and Clerk, etc.
Also, a bill to be entitled an act to incorporate the town of Elko, in the county of Houston, to define its limits, and confer municipal powers and privileges upon it, etc.
Also, a bill to be entitled an act to amend the charter of the town of Blue Ridge, approved October 24, 1887, etc.
Respectfully submitted. ,V. E. CANDLER, Chairman.

The President announced the special order for the morning after the reading of the Journal, which had been temporarily displaced, to-wit :
A bill of the Senate to make all railroad companies, express companies and other common carriers in this State liable for overcharges and damages for loss or shortage in goods deliYered by them.
The Committee on General Agriculture reported in favor of its passage by substitute.
Pending action on the report of the Committee and a proposed amendment by Mr. Culver, the hill was, on motion of Mr. Cabaniss, committed to the General Judiciary Committee.
By resolution of Mr. Johnston, the Hon. D. W. Blair, of Marietta, Ga., was extended the courtesieH of the Senate during his visit to this city.
Mr. Cabaniss Hubmitted the following repo~t:
Mr. President: -
The joint committee to examine the manuscript of the

TUESDAY, SEPTEMBER 22, 1891.

529

Georgia Justice, prepared by Judge C. H. Sutton, of the county of Habersham, for the use of the Justices of the Peace and Judicial Notaries of this State, beg leave toreport that we have carefully examined the manuscript in question and approve it. We think it will be a great aid to these officers in the discharge of their duties, if placed in their hands, and therefore ask the adoption of the following resolution:

Resolved, That the Governor be, and he is, hereby authorized and required to subscribe for copies of said work, at a cost of not exceeding $2.50 per copy, the same to be sub. stantially bound in law sheep, and delivered to the State Librarian within a reasonable time, to be hy him distributed to the Justices of the Peace and Judicial Notaries Public in the diff<!rent districts of this State.

(Signed)

T. B. CABANis3, On part of the Senate.
H. w. HILL,
On part of the House.

he foregoing resolution was read the first time and referred to the Committee on Finance:

On motion of Mr. Todd, the Senate took up the report of . the General Judiciary Committee on the bill of the Senate to further provide for the lien of mechanics, materialmen, contractors and laborers, and for other purposes.

The report was amended, on motion of Mr. Culver, as follows:
Amend 6th line in section 1, by inserting after the word " owner!' and before the word " to," the words " of premises."
Also, amend section 2, second line, by inserting after the the word "material" and before the word "shall" the words "if unpaid for."
Also, amend section 7 by adding the following words thereto: Provided, That when the owner of the premises, building or improvement has been guided in his acts by
34

53{)

JoURNAL OF THE SENATE.

the report of the contractor, as provided in section 6 of this act, no provision of this act shall impose upon said owner any liability to materialmen, contractors or subcontractors, mechanics or laborers, in excess of what the state of progress on the building or improvtlment will justify, and no act of contractors, sub-contractors or materialmen shall render the owner further liable.

The report, as amended, was agreed to.

The bill was read Vhe third time, and on the question of its passage, as amended, the ayes and nays were, by Mr. Cabaniss, required and were recorded.

Those who voted in the affirmative are Messrs.-

Brown, Cabaniss, Culpepper, Culver, Eason, Ellington, Flint, Gill,

Hill,

Smith of 6th Dist.,

Johnson of 21st Dist., Smith of 28th Dist.,

Johnston of 39th Dist., Strickland,

Lamb,

Terrell,

Lane,

Todd,

McRae,

Vincent,

Mullis,

Warren,

Patton,

Williams.

Those who voted in the negativeare Mef.srs.-

Beard, Beck, Bennett, Boyd,

Callaway, Harlan, Harp, Irvine,

Nunnally, Tatum, Walker, Witcher.

There are ayes 24; there are nays 12.

So the bill was passed, as all)ended, by constitutional majority.

Mr. Calla.way,Chainnan Committee on Special Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

TuEsDAY, 8EPTE11ll3lm 22, 1891.

531

A bill to amend an act approved December 29, 1890, entitled an act to change the time of holding the Superior Court of Burke county, and for other purposes.

A bill to extend the time for driving cattle across certain lines in White county, to the first day of May, and for other purposes.

Also, a bill to repeal an act entitled an act to provide for the registration of the qualified voters of Campbell oounty, !J.pproved October 22, 1887.

Also, a bill to amen\1 an 11-ct creating the office of County Solicitor for the county of Wayne.

Also, a bill to amend section 18 of an act, approved De cern ber 26, 1888.

Also, the following House bill, with the recommendation that the 15ame do not pass, to-wit:

A bill to amend an act entitled an act to create a Board of Commissioners for the county of Greene.
Respectfully submitted. E. H. CALLAWAY, Gli.airman.

Mr. Johnson, Chairman o.f the Commi~tee on Railroads, submitted the following r~port:

.lfr. President:

Your C01Dqlittee PllYe bllod qnderconsideration the follow ~owing Hou~e bills, wh~!Jh they instruct me to repott back with the recommendation t4!1!t the !!llffie do pass, as!J.tnended to-wit:

A bill to be entitled an act to amend t~w charter of the

Indian Springs Railroad Company.



Also, a bill to incorporate theWashingtqn and Middleton Railroad Company, a11d to grant certain powers !J.nd privileges thereto, and for other purposes.
Re~pectfully submitted. RICHARD JoHNsoN, Chairman.

532

JoUJ,NAL OF THE SENATE.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills by the requisite constitutional majority, to-wit:
A bill to require the keepers and proprietors of hotels boarding houses and other public houses on the sea-coast of Georgia, to keep and maintain during the surf-bathing seaE'on suitable life-boats or life-crafts, life-preservers and appliances for the protection of bathers.
Also, a bill to provide a special road law for the county of Pulaski.
Also, a bill to amend an act to incorporate the town of Trenton.
Also, a bill to provide for the paying of the County Commissioners of Lowndes county.

Also, a bill to incorporate- the Boston and Albany Railroad Company.
Also, a bill to authorize the Mayor and Council of Carrollton, Georgia, to hold an election on the question of issuing and selling bonds for the purpose of erecting a system of water-works.
Also, a bill to legalize all official business tram;acted by the Justices of the Peace and Notaries Public in EmPrson District, 1425 G. M., Bartow county.
Also, a bill to establish a system of water-works for the town of Richland.
Also, a bill to incorporate the town of Nickleville, in the county of Walton.
Alw, a bill to incorporate the Tifton and Northeastern Railroad Company. .
Also, a bill to incorporate the Mercantile Bank of Atlanta, Georgia.

TuEsDAY, SEPTEMBER 22, 1891.

533

Also, a bill to amend an act to provide a system for working public roads, in the county of Bryan.
Also, a bill to fix the official bond of the Receiver of Tax Returns, of Fulton county, at $10,000.
Also, a bill to amend House Bill 244, the same being an act amending an act creating a Board of Commissioners of Roads and Revenues for DeKalb county.
Also, a bill to incorporate the Clegg Banking and Savings Company, with power to do a general banking and savings bank business.

Also, a bill to incorporate the Chalybeate Springs Railroad Company, etc.
Also, a bill to amend an act incorporating the town of Willacoochee, in the county of Coffee.

Also, a bill to incorporate the Tobacco Belt and Florida Railroad Company.
Also, a bill to authorize the town of Dublin to grant the use of Marion street to the Wrightsville and Tennille, and to the Macon, Dublin and Savannah Railroads.
Also, a bill to incorporate the Barik of Tifton.
Also, a bill to authorize the council of Rockmart to levy and collect an ad valorem tax on all property in said town, and for other purposes.
Also, a bill to incorporate the town of Omaha.
Also, a bill to prescribe for the appropriation of money arising from the hire of convicts of Henry county.
Also, a bill to change the name of the State Savings As3ociation, to reduce the capital stock and provide for its increase.
Also, a bill to transfer the county of Douglas from the. Stone Mountain to the Tallapoosa Judicial Circuit.
Also, a bill to establish a public school system m the town of Richland.

534

JOURNAL 0~' THE :::;ENATE.

Also, a bill to incorporate the Wayne Southern Railroad Company.
Also, a pill to incorporate the North Macon Street Rail-
road Company.

Also, a bill to amend an act to establish a system of public schools for the city of Fort Valley.

Also, a bill to repeal an act to create a. Board of Commissioners of Roads and Re\enues for the county of Wilkinson.

Also, a bill to incorporate the Empire State Bank.
Also, a bill to provide a law for the protection of game in the county of Schley.
The following bills of the House were read the first time and referred as indicated, to-wit :
A bill eRtahlishing a public f"Ch(){)l system in the town of Richland.
Referred to Committee on Public Schools.

A bill to incorporate the town of Nickleville, in Walton county.
Referred to Committee on Corporations.

A bill to incorporate the Empire State Bank. Referred to the Committee on Banks.

A bill to incorporate the Bank of Tifton, etc. Referred to the Committee on Banks.

A bill to establish a system of water-works for the town of Richland, and for other purposes.
Referred to the Committee on Corporations.

A bill to legalize all official business transacted by the Justice of the Peace and Notary Public in Emerson District, 1425 G. M., Bartow county1 and for other purposes.
Referred to the General J udici~ry Committee.

TUESDAY, SEPTEMBER 22, 1891.

535

A bill to amend an act to e3tablish a system of public schools for the city of Fort Valley, and for other purposes.
Referred to the Committee on Public Schools.

A bill to authorize the town of Dublin, Laurens CI'\Unty, to grant the use of Marion street in said town to the Wrightsville and Tennille Railroad Company, and the Macon, Dublin and Savannah Railroad Company for railroad purposes, and for other purposes.
Referred to the Committee on Railroads.
A bill to transfer the county of Douglas from the Stone Mountain Judicial Circuit to the Tallapoosa Judicial Circuit, and to change the time of holding Superior Court in said county, and for other purposes.
Referred to the General Judiciary Com,mittee.

A bill to prescribe for the appropriation of money arising from the hire of convicts from Henry county, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to require the keepers and proprietors of hotels, boar~ing-houses or other public houses on the sea-coast of Georgia, where the public may resort tor purposes of surf bathing, to keep and maintain durin~ the surf-bathing season, suitable life-boats or life-rafts, life-preservers and appliances for use in case of emergency to bathers; to provide penalties for violation thereof, and for other purposes.
Referred to the General Judiciary Committee.

A bill to authorize the council of the town of Rockmart to levy and collect an ad valorem tax on all real and personal property within said town, and to authorize said council to open streets and alleys and close the same, in said town.
Referred to the Committee on Corporations.

A bill to provide for the paying of County Com missioners of Lowndes county.
Referred to Committee on Finance.

536

JoURNAL OF THE SENATE.

A bill to provide a special road law for the county of Pulaski.
Referred to the Special Judiciary Committee.
A bill to incorporate the town of Omaha. Referred to the Committee on Corporations.
A bill to incorporate the Tobacco Belt and Florida Railroad Company, and for other purposes.
Referred to the Committee on Railroads.
A bill to amend the charter of the town of Trer,ton, and for other purposes.
Referred to the Committee on Corporations.
A bill to incorporate the Tifton and Northeastern Railroad Company.
Referred to the Committee on Railroads.
A bill to incorporate the Mercantile Bank, and for other purp06es.
Referred to the Committee on Banks.
A bill to incorporate the Chalybeate Springs Railroad Company.
Referred to the Committee on Railroads.
A bill to incorporate the Boston and Albany Railroad Company.
Referred to the Committee on Railroads.
A bill incorporating the town of Willacoochee, in Coffee county.
Referred to the Committee on Corporations.
A bill to incorporate the Wayne Southern Railroad Company.
Referred to the Committee on Railroads.
A bill to fix the official bond of thP. Receiver of TaxReturns of Fulton county at $10,000, and for other purposes.
Referred to the Committee on Finance.

TUESDAY, SEPTEl\IBER 22, 1891.

537

A bill to incorporate the North Macon Street Railroad Company.
Referred to the Committee on Railroads.

A bill to repeal an act to create a Board of Commissioners of Roads and Revenues for the county of Wilkinson, etc.
Referred to the Special Judiciary Committee.
A bill for the better protection of game and game birds within the county of Schley, and for other -purposes therein stated.
Referred to the Special Judiciary Committee.
A bill to change the name of the State Savings Association, to reduce the capital stock thereof and provirle for its increase and give it the powers and privilege:; of a. savings bank.
Referred to the Committee on Banks.

A bill to authorize the Mayor and Council of Carrollton, Georgia, to hold an election on the question of issuing and selling bonds not eiceeding $25,000 for building a system of water-works for saia town and to authorize the levy and collection of a tax on all taxable property in said town.
Referred to the Committee on Corporations.

A bill to amend an act to provide a system for working public roads in the county of Bryan, and for other purposes therein specified.
Referred to the Special Judiciary Committee.

A bill to amend House hill No. 244, the same being an act amending an act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, approved December 8, 1886.
Referred to the Special Judiciary Committee.

A bill to incorporate the Clegg Banking and Savings Company, etc., and for other purposes.
Referred to the Committee on Banks.

538

JOURNAL OF THE SENATE.

Mr. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment report, as properly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House resolutions, to-wit:
A resolution relating to certain lands of the State on or near the Western and Atlantic Railroad.
Also, a resolution to authorize the Governor to have the interest of the State in the right of way and other property of the Western and Atlantic Railroad represented and protected.
Also, a resolution empowering the Governor to appoint Commissioners on uniformity of laws among the various States.

Also, the following House bills, to-wit:
An act to incorporate the Americus Transit Company, etc.

Also, an act to divide the State of Georgia into eleven congressional districts, etc.

Also, an act to amend the charter of Macon, and the

several acts amendatory thereof, so as to authorize the

Mayor and Council of the city of Macon to issue bonds to

build water-works, etc.



Also, an act to amend an act to create a system of public schools for the city of Marietta in the county of Cobb, to levy a tax and provide for a support for the same, to creat.e a Board of Education and define their powers, and to authorize a bonded indebtedness for said city, etc., approved December 29, 1890.

Also, an act to amend an act to incorporate the Jackson Banking Company, at Jackson, Georgia, approved Decem-

TuEsDAY, SEPTEMBER 22, 1891.

539

ber 15, 1888, enlarging the powers of said bank, and for other purposes.
Also, an act to amend section 3921 of the revised Code of Georgia.
Also, an act to amend an act incorporating the Athens Savings Bank, approved October 19, 1885, and an act amendatory thereto, approved October 24, 1887.
Also, an act to authorize and require the County Commissioners of Bibb county to have preparad a general index to the records in the office of the Clerk of the Supreme Court of said county, etc.
Also, an act to amend an act to incorporate a bank in the city of Milledgeville, to be known as the Milledgeville Banking Company, etc., approved February 28, 1874.
Also, an act to lease in the United States Government jurisdiction in certain lands, etc.
Also, an act to repeal the registration law of Worth county, Georgia, and all amendments thereto.
AlEo, an act to revise, consolidate and amend the act establishing a Board of Commissioners for the county of Decatur, approved December 13, 1871, etc.
Also, an act to establish a public school system in the town of Buena Vista, etc.
Respectfully submitted.
Vv. T. IRVINE, Chairman pro tern.

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

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

A bill to authorize the Commissioners of Roads and Revenues of Newton county to establish a dispensary for the

540

JoURNAL OF THE SENATE.

sale of liquors whenever the sale of liquors shall be prohibited in said county by a vote of the people.
Also, a bill to amend an act to incorporate the town of Trion, approved February 25, 1869, so as to extend the corporate limits of said town.

Also, a bill to incorporate the Bank of Commerce.

Also, a bill to incorporate the Jesup and Waynesville Railroad.

Also, a bill to incorporJ.te the Bank of Rockdale in the city of Conyers.

Also, a bill to incorporate the Bank of Statesboro.

Also, a bill to extend the corporate limits of the town of McRae.

Under a suspension of the Rules, the following bills were introduced, read the first time and referred, as indicated, to-wit:
By Mr. Irvine-
A bill for the protection of game in Floyd county.
Referred to the Special Judiciary Committee.

By Mr. Cabaniss-
A bill to establish City Courts in counties having a population of lH,OOO or more where the same do not now exist, upon the recommendation of the successi ye Grand Juries of said counties, to define the powers, mode of selecting officers, and jurisdiction of the same.
Referred to the General Judiciary Committee.

The bill of the Senate to change the manner of selecting Commissioners of Roads and Revenues in counties of this State, where the same are now elected by the qualified voters of said counties, and for other purposes, was read the second time and referred to the General Judiciary Committee.

TuEsDAY, SEPTEMBER 22, 1891.

541

Leave of absence was granted Mr. Glenn and to Mr. O'Neal, on account of sickness.

The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act approved December 29, 1890, entitled an act to change the time of holding the Superior Court of Burke county, and for other purposes.
A bill to repeal an act to provide for the registration of the qualified voters of Campbell county, approved October 22, 1887.
A bill to incorporate the town of Dennard, in the county of Houston, and for other purposes.
A bill to amend section 23 of the act approved December 26, 1888, so far as the same relates to the publication of the proceedings of the Mayor and Board of Aldermen of the town of Jesup.
A bill to extend the time for driving cattle across certain lines in White county to the first day of May, and for other purposes;
A bill to amend an act creating the office of County Solicitor for the cotmty of Wayne.
A bill to incorporate the town of Elko, in Houston county, and for other purposes.
A bill to amend the charter of the town of Blue Ridge
Also, a bill to amend the charter of Indian Springs Rail road Company.
The bill to amend, revise and consolidate the laws gov erning the inspection and analysis and sale of commercial fertilizers, chemicals and cotton-seed meal, and for other purposes, was read the second time and recommitted.

The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Economical Banking Company, and for other purposes.

The committee reported in favor of its passage, with

542

Jou~NAL ol<' THE SENATE.

amendments, which wer-e adopted and the report was agreed to.
The bill w~s re~d \he third time and passed, as amended, ayes 33, nays 0.
The Senate took up the report of the Finance Committee on the resolu.ti()n of the House for the rl.llief of W. C. Wright.
The report was agreed to.
The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative_ are essrs.-

Beard, Beck, lklyd,
B~own,
Cabaniss, C<tllaway, Cqlpepper, Culver, Eason, Flint, Gill,

Harlan,

Smith of 28th Dist.,

Harp,

Strickland,

HUl,

T;1h~m,

Irvine,

Terrell,

Johnston of 39th Dist., Tod( I,

4mb, J,4in~,

Vincl,!nt., W;llker,

McRae,

Warren,

Mullis,

Willi&ms,

Nun~ly,

Witcher,

Pat on,

~acQry.

There are ayes 83; there are nays 0.

So the resolution was concurred in by a. constitutional majority.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Northeast Georgia Lollon and Banking CoQlpany1 and for other purposes.
The report w~s !!>greed to.
The bill Wl!-8 re~d _the third titne, and P.assed, u,yes ~2, nay~ 0.
The Senate took up the report of the Committee on 1\llonks on the bill of the llou~e to 9mend ap_ act to incpr-

TlTESDAY, SEPTEMBER 22, 1891.

543

porate the Title, Guarantee and Loan. Company, of Savannah, and for other purposes, approved October, 17, 1887, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 30, naysO.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Washington and Middleton Railr{)ad Company, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was a~reed to.
The bill was read the third time, and passed, as amended, ayes 32, nays 0.
The Senate took up the report of the Committee on Cor- . porations on the bill of the House to incorporate the town of Mount Vernon, in the county of Montgomery, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, !!.nd the report was agreed to.
Proof of legal notice was submitted.
The bill was read the third time and passed, as amended, ayes 26, nays 0.
The Senate took up the report of the Committee on Banks on the bill of :the House to incm.~perate the Glynn Title and Loan Company, and for other purposes.
The commHtee :reported in favor of ita pas.."!age, with an amendment, which was adopted, a,pd the repoft W~ agreed to.
The bill was read \he tbil"d tillUl and pa.ssed, ~ amended, ayes 331 p~ys 0,
The Senate having disposed of all business on the desk of the Seoretary1 ~qjo"Q.rped, on motion, until 10 o'clQck A.M. to-morrow.

544

JoURNAl, OF THE SENATE.

SENATE CHAMBER, ATLANTA~ GEORGIA,
Wednesday, September 23,1891, 10 O'clock A.M.

The Senate met pur:mant to adjournment, the President in the chair.

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

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

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

Glenn,

Patton,

Golden,

Smith of 6th Dist.,

Harlan,

Smith of 28th Dist.,

Harp,

Strickland,

Hill,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lane,

"'arren,

Lanier,

Williams,

McRae,

"Witcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

The Journal was read and appro\ed.

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

Mr. President:
The House has passed the following Senate bills by the requisite majority, to-wit:
A bill to be entitled an act to repeal an act to incorporate the town of Cusseta.
Also, a bill entitled an act to incorporate the Thomson and Lincolnton Railroad Company.
Also, a bill to be entitled an act to amend the charter of the city of Bainbridge.
Also, a bill to be entitled an act to authorize the city of Forsyth to issue bonds, etc.

\VEJ>NESDAY, SEPTEMBER 23, 1891.

545

Also, a billto be entitled an .act to amend an act to consolidate the several acts incorporating the city of Bainbridge.
Also, a bill to be entitled an act to incorporate the town of Lyerly.
Also, a bill to be entitled an act to amend an act to incorporate the Exchange Bank.
Also, a bill to be entitled an act to incorporate the town of Culverton, in Hancock county.
Also, a bill to be entitled an act to prohibit the sale of seed CQtton in the county of Jefferson.
Also, a bill to be entitled an act to incorporate the Carrollton Street Railway Company.
Also, a bill to be entitled an act to amend an act incorporating the Suwanee Canal Company.
Also, a bill to be entitled act to amend an act to authorize the registration of voters in the county of Jasper.
Alf'o, a bill to be entitled an act to incorporate the bank of Summerville.
Also, a bill to extend the corporate limits of the city of Bainbridge.
Also, a bill to incorporate the Smithville and Hawkinsville Railway Company.
Also, a bill to incorporate the town of Lovejoy.
Also, a bill to incorporate the Reynolds Exchange Bank.
Also, a bill to incorporate the Brunswick and Northwestern Railroad Company.
Also, the following bills, as amended, to-wit :

A bill to incorporate the Bank of Louisville, Ga. Also, a bill to amend the charter of the city of Atla~ta.
Also, a bill to incorporate the Exchange Bank of Forsyth.
35

546

JOURNAL OF THE SENATE.

Also, a bill to amend the charter of the city of Bainbridge.
Also, a bill to amend the charter of the city of Bainbridge.
The House has also concurred in the following resolution, to-wit:
A resolution providing for the adjournment of the General Assembly.
The House has also passed the following House bills, to-wit:
A bill to define who shall be exempt from jury duty.
Also, a bill to regulate common carriers, to trace freight, etc.
Also, a bill to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sunday.
Also, a bill to incorporate the Shipp Banking Company.
Also, a bill to provide a new chartm for the town of Arlington.
Aloo, a bill to incorporate the town of Springvale, in the county of Randolph.
Also, a bill to incorporate the town of Whitehall.
Also, a bill to authorize the Mayor and Aldermen of the town of Perry to issue bonds for water-works, etc.
Also, a bill to incorporate the Americus Savings Bank.
Also, a bill to amend an act entitled an act to levy and collect a tax for the support of the State government and the public institutions, etc.
Also, a bill to amend the charter of Rome, so as to create a Levee Commission, and provide for building a levee, etc.

Also, a bill to fix the place for Sheriff sale for Richmond county.
Also, a bill to incorporate the city of Manchester.

WEDNESDAY, SEPTEMBER 23, 1891.

547

Also, a bill to incorporate the Southern Industrial Aid Society.
Also, a bill to authorize the Mayor and Council of Lithonia to issue bonds.
Also, a bill to authorize the city of Atlanta to open and extend Alabama street.
Also, a bill to amend an act incorporating the Cartersville and Gainesville Air-Line Railroad Company.
Also, a bill to amend an act incorporating the town of Clarkesville, Ga.
Also, a bill to amend an act and all acts amendatory thereof, so as to change and alter the southern and western boundary of the city of Milledgeville.
Also, a bill to incorporate the Home Bank of Atlanta.
Also, a bill to incorporate tte Planters' Bank of Americus.
Also, a bill to authorize the building and equipping of a railroad from Covington to the Ocmulgee rin~r to be known as the Covington and Ocmulgee Railroad Company.
The House has also adopted the following resolutions, in which the concurrence of the Senate ilil asked, to-wit:
A resolution for the relief of Walton H. Booth.
Also, a resolution requesting the Senators and Representatives from Georgia in the Congress of the United States to favor legislation strengthening the control by the Interstate Railroad Commission of through freight and passenger rates.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following House bill!', which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to authorize the Mayor and

548

JouRNAL OF THE SENATE.

Council of Carrollton, Georgia, to hold an election on the question of issuing and selling bonds, not exceeding $25,000 in the aggregate, for the purpose of providiug or building a system of water-works for said town, and to authorize said Mayor and Council to levy and collect a tax on all the taxable property within said town, etc.
Also, a bill to be entitled an act to incorporate the town of Omaha.
Also. a bill to be entitled an act to amend an act to repeal an act to incorporate the town of Forestville, in the county of Floyd, etc.
Also, a bill to be entitled an act to amend acts incorporating the city of :\ladison, Morgan county, approved March 12, 1866, and February 28, 1876, etc.
Also, a bill to be entitled an act to establish a system of water-works for th0 town of Richmond, etc.
Also, a bill to be entitled an act to amend the charter of Morganton.
Also, a bill to be entitled an act to incorporate the town of Sycamore, in the county of Irwin, etc.
Also, a bill to be entitled an act to amend the charter of Rome, Georgia, creating the office of Recorder, and defining his powers and duties.
Also, a bill to be entitled an act to amend an act to incorporate the town of Geneva, Talbot county.
Also, a bill to be entitled an act to incorporate the town of Rocky Mount, in Meriwether county, etc.
Also, a bill to be entitled an act to amend an act to incorporate the town of Alapaha, in Berrien county, approved September 29, 1881.
Also. a bill to be entitled an act to incorporate the town of Hahira, in the county of Lowndes, etc.
Also, a bill to be entitled an act to amend an act to mcorporate the town of Trenton, and for other purposes.

WEDNESDAY, SEPTEMBER 23, 1891.

549

Also, a bill to be entitled an act to change the north line of the corporation of \Vare8boro, so as to exclude certain residences and lands from the corporate limits of Waresboro.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to submit to the legal voters of the county of Clinch whether they will abolish the Board of Commissioners for said county or not.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same be read the second time and referred to the Committee on Banks, to-wit:
A bill to be entitled an act to incorporate the National Guaranty Company.
Also the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to amend an act to incorporate the town of Warsaw, approved March 5, 1856.
Respectfully submitted.
,V. E. CANDLER, Chairman.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they .instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for the paying of County Commissioners of Lowndes county.
Also, a bill to be entitled an act to fix the official bond of the receiver of tax returns of Fulton county at ten thousand dollars, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.

550

JotJR~AL OF THE SENATE.

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

JIJr. President :

Your committe 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 be entitled an act establishing a public school system in the town of Richland, 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 city of Fort Valley, and for other purposes.

Respectfully submitted.

,V. T. IRVINE, Chairman.

Mr. Cabaniss, Chairman of the Committee on Geneml Judiciary, submitted the following report:
Jfr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to alter and amend the gen eral pilotage laws of this State.
Also, a bill to be entitled an act to authorize and require the Judge of the County Court of Wilkes county to purchase such volumes of the Georgia Supreme Court Reports as are missing between volumes one and eighty-five as are necessary to make a complete set of said reports for the Clerk's office of said county.
Also, the following Senate bill, which ~hey instruct me to report back, with the recommendation that the seme do not pass, to-wit:
A bill to provide for the binding out of children in certain cases, etc.
Respectfully submitted. T. B. CABANISS, Chairman.

WEDNESDAY, SEPTEMBER 23, 1891.

551

The following bills of the Senate, amended in the House, were taken up and the amendments concurred in, to-wit:

A bill to incorporate the Bank of Louisville; and

A bill to incorporate the Exchange Bank of Forsyth.

The following bill of the Senate, amended in the House, was taken up and, on motion of Mr. Todd, laid on the table, to-wit:

A bill to amend the charter of the city of Atlanta with regard to the duty and liability of street railroad companies in the matter of street paving, and for other purposes.

The bill of the House to provide for local taxation by

counties for the support of common schools, and for other

purposes, was amended in the Senate, and the House refused

to concur in said amendment.



On motion of Mr. Warren, the Senate inflisted on its amendment to this bill.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your committee have had under cont:ideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to incorporate the Stephens Industrial Society.

Also, a bill to incorpor11te the Mutual Building, Loan and Land Association of Georgia.

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

A bill to be entitled an act establishing a new charter for. the city of Atlanta, etc.
Respectfully submitted. W. E. CANDLER, Chairman.

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

552

JoURNAL OF THE SENATE.

:By Mr. TerrellA bill to incorporate theWoodbury Banking Company,
and for other purpo~e~. Referred to the Committee on Banks.
Also, by Mr. TerrellA bill for the protection of the State Capitol building and
to empower the Janitor and Watchmen of said building to make arrests in cel'tain cases, and for other purposes specified therein.
Referred to the Committee on Public Property.
By .Mr. WilliamsA bill amending the charter of the town of Tybee. Referred to the Committee on Corporations.
By Mr. 1\IcRaeA bill to incorporate the town of Milan, in the counties
of Telfair and Dodge, and for other purposes. Referred to the Committee on Corporations.
The bill of the Senate to prevent combinations to defeat competition in the sale of coal in the State, and provide a fine for the same, was taken from the Committee on Special Judiciary, read the second time, and recommitted to the General Judiciary Committee.
The following bills of the House were read the first time and refetTed as indicated, to-wit:

A bill to authorize the CommisHioners of Roads and Revenues in the county of Newton to establish a dispensary where pure liquor can be obtained for medicinal, scientific, mechanical and sacramental purposes, etc., whenever the citizens of said county shall, by a majority, vote to prohibit the sale of spirituous and malt liquors.
Referred to the Committee on Temperance.
A bill to incorporate the Bank of Commt:rce, etc.
Referred to the Committee on Banks.

.WEDNESDAY, SEPTEMBER 23, 1891.

553

A bill to incorporate the Jesup and Waynesville Railroad Company.
Referred to the Committee on Railroads.

A bill to incorporate the Bank of Statesboro, and for other purposes.
Referred to the Committee on Banks.

A bill to extend the corporate limits of the town of McRae, in Telfair county.
Referred to the Committee on Corporations.

A bill to incorporate the Bank of Rockdale, in the city of Conyers, etc.
Referred to the Committee on Banks.

A bill to amend the charter of the town of Trion, m Chattooga county, approved February 20, 1869, etc.
Referred to the Committee on Corporations.

A bill to incorporate the Shipp Banking Company, and for other purposes.
Referred to the Committee on Banks.
A bill to incorporate Home Bank of Atlanta. Referred to the Committee on Banks.

A bill to incorporate the Planters' Bank of Americus. Referred to the Committee on Banks.
A bill to provide a new charter for the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter, and for other purposes.
Referred to the Committee on Corporations.

A bill to incorporate the town of Springvale, in Randolph county, and for other purposes.
Referred to the Committee on Corporations.

A bill to authorize the building and equipping of a railroad from Covington, Newton county, Georgia, to the Oc-

554

JOURNAL OF THE SENATE.

mulgee river, to be known as the Covington and Ocmulgee Railroad Company, and for other purposes.
Referred to the Committee on Railroads.
A resolution for the relief of Walton H. Booth.
Refered to the Committee on Finance.
A resolution requesting the Senators and Representatives from Georgia, in the Congress of the United States, to favor legLslation, strengthening the control and regulation by the Interstate Railroad Commission of through freight and passenger rates, and for other purposes.
Re~erred to the Committee on Railroads.

The following me33age wa.> received from the Honse through Mr. Hardin, the Clerk thereof:

Mr. President:
The House have adopted the following resolution, in which they ask the concurrence of the Senate:
A resolution to appoint a Conference Committee from the House and Senate on an educational bill.

At the hour of 11 o'clock A. M. the President announced the special order for this hour, to-wit:

The bill of the House to make penal the non-compliance of laborers or others with their contract::> where advances have been made on their false promi~es to pay for the same in labor or otherwise.

The General Judiciary Committee reported adversely to the passage of the bill.

Mr. Beck moved to disagree to the ad verse report, and on this question l\Ir. Lane required the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Bennett, Boyd,

Gill,

Patton,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Jolm~ton of 39th Dist., Walker,

WEDNESDAY, SEPTEMBER 23, 1891.

555

Culpepper, Ellington, Flint,

Lane, Lanier,

Williams, Zachry.

Those who voted in the negative are Messrs.-

Brown, Cabaniss, Callaway, Candler, Culver, Eason, Glenn,

Harlan,

Smith of 6th Dist.,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Lamb.

Todd,

McRae,

Vincent,

M:nllis,

Warren,

Nunnally,

Witcher.

There are ayes 19; there are nays 21.

So the motion to disagree to the report did not prevail.

Mr Callaway, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. President:
Your committee have had. under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to prohibit making or laying out roads, streets or alleys, or other passage-ways through any of the cemeteries within the limits of Bibb county, without first obtaining the consent of the proper authorities in charge of :.:uch cemeteries, etc.
Also, a bill to be entitled an act to amend the liquor law of wayne county.
Also, a bill to be entitled an act to prevent persons bathing in the Ocmulgee river within certain distances of Riverside Cemetery, and to provide a penalty therefore, etc.
Also, a bill to be entitled an act to abolish the county Commissioners of Bryan county.
Also; a bill to be entitled an act to change the terms of Morgan Superior Court.
Also, the following House bills, whict they instruct me to report back, with the recommendation that the same do not pass, to-wit :

556

JOURNAL OF THE SENATE.

A bill to be entitled an act to pay the inembers of the Board of Education of Campbell county the sum of two dollars per day each for each day of actual service rendered as such member of said Board out of the public school funds of said county.
Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to anthorize H. T. Barton to peddle without license in the counties of this State.
Also, the followin~ Senate resolutions, which they instruct me to report back, with recommendation that the same do not pass, to-wit:
A resolution to allow James R. Courson, Sr., to peddle in ~ppling county, Ga., without license.
Also, the following Hom;e bill, which they instruc-t me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to fix and proYide for the compensation of the Members of the County Board of Education for the county of Newton, etc.
Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. Pres/,dP.nt
Your committee have have had under consideration the following House bills, which they instmct me to report back, with the recommendation that the some do pass, to-wit:
A bill to be entitled an act to amend an act to incorporate the town of \Vadley, in the county of Jefferson, etc.
Also, a bill to be entitled an act to incorporate the town of Nickleville, in the county of Walton.
Respectfully submitted. W. E. CANDLER, Chairman.

"WEDNESDAY, SEPTEMBER 23, 1891.

557

M . Vincent, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:

A bill to provide for the compensation of the Board of Education of Bryan county, and for other purposes.
Mr. Zachry, Chairman Committee on General Agriculture, submitted the following report:

Mr. President :

Your committee have had under consideration the fol-

lowing House bill and the following two Senate bills, which

they instruct me to report back, with the recommendation

that the said three hills do pass by substitute:

10:

A bill (No. 685) to be entitled an act to amend, revise and consolidate the laws governing the inspection, analysis and sale of com'mercial fertilizers, chemicals, and cotton seed meal, etc.
Also, a bill (No. 175) to be entitled an act to amend s~c tion 1553(c) of the Code of 1882, etc.

Also, a bill (No. 169) to be entitled an act to amend section 1553(b) of the Code of Georgia, etc.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to amend section five (5) of an aC't approved December 30, 1890, entitled an act to amend the laws of their State in reference to the inspection of illuminating oils, etc.

Respectfully submitted.

C. T. ZACHRY, Chairman.

By resolution of Mr. Ellington, the courtesies of the Senate were extended to Capt. T. A. Hamilton, of Birmingham, Ala., while he remains in this city.

558

JOliRNAL OF THE SENATE.

On motion of Mr. Irvine, the Renate took up the resolution of the Hom;e to appoint a Conference Committee from the House and Senate on an educational bill.
The resolution was read, and on motion of Mr. Irvine, the Senate refused to concur in the same. On his motion, this action of the Senate was ordered to be communicated at once to the House.
By resolution of Mr. Culver, t~e courte~ies of the Senate were extended to Mayor Cline and Col. Conn, of Milledgeville, during their visit to this city.
Under suspension of the Rules, the bill of the House to amend au act assented to :\fay 11, 1803, and all acts amendatory thereof, so as to change and alter the Southern and western boundary of the city of Milledgeville, and for other purposes, was read the first time and referred to the Committee on Corp::>rations.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act establishing a new charter for the city of Atlanta, approved February 28, 1874, and the several acts amendatory thereof.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 29, nays 0.
On motion of Mr. Todd, this bill was ordered to be immediately transmitted to the House.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act to incorporate the town of Adel, in the county of Berrien, etc.
This bill passed both Houses and was transmitted to the Governor.
By resolution, the same was recalled from the Governor and amended by the House.
On its receipt by the Senate, it was referred to the General Judiciary Committee, which committee reported in favor of the adoption of the House amendment.

\V EDNESDAY 1 SEPTEMBER 23, 1891.

559

This report was agreed to, and the amendment of the House was concurred in.

1\Ir. Hill offered the following resolution, which was laid over one day ueder the rule, to-wit:
Re.~olved, That beginning with Friday, September 2.5, 1891, the Senate meet at 9 o'clock A. M. instead of 10 o'clock A.M.

1\Ir Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your committee have had uuder cJnsideration the follow ing 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 change the term of Baldwin . Superior Court, etc.

Also, a hill to he entitled an act to cr~J.te the office of Solicitor-General ior the county of Wilcox, to provide for the appointment of the same, etc.
Respectfully submitted. E. H. CALLAWAY, Chairman.

The bill reported by the CorJJmittee on General Agriculture as a substitute for Senate Bills Nos. 173 and 169, and House Bill No. 18-5, was, on motion of Mr. Walker, taken up, and, on motion or Mr. Warren, fifty copies thereof were ordered to be printed, and the same was made the special order for Friday next, the 25th instant, immediately after the reading of the Journal.

On motion of Mr. Strickland, the Rules were suspended and the Senate took up the report of the Special .Judiciary Committee on the bill of the House to extend the time for driving cattle across certain lines in White county to the first day of May, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 31, nays 0.

560

JouRNAL oF 'fHE SENATE.

The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to authorize the city of Atlanta to open and extend Alabama street from the central portion of said city westerly through property of the State, subject to the rights of the Western and Atlantic Railroad.
Referred to the Committee on Corporations.
A bill to require common carriers to trace freight, and for other purposes.
Referred to the Committee on Railroads.
A bill to authorize the Mayor and Council of Lithonia to i:;sue bonds, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend an act to incorporate the Cartersville and Gainesville A~r-Line Railroad Company, etc.
Referred to the Committee on Railroads.
A bill to authorize the Mayor and Aldermen of the town of Perry to issue bonds, etc., for water-works.
Referred to the Committee on Corporations.
A bill to amend. section 2 of an act to incorporate the town of Clarkesville, etc.
Referred to the Committee on Corporations.
A bill to amend the charter of the city of Rome, so as to create a Levee Commission, and provide for building a sewer.
Referred to the Committee on Corporations.
A bill to define who shall be exempt from jury duty, and for other purposes.
Referred to the General Jurlicia.ry Committee.
A bill to fix the place for Sheriff's sales in Richmond county.
Referred to the General Judiciary Committee.
A bill to incorporate the Southern Industrial Aid Society.
Referred to the General Judiciary Committee.

"\VEDNESDAY, SEPTE~IBER 23, 1891.

561

A bill to incorporate the town of Whitehall. Referred to the Committee on Corporations.
A bill to incorporate the city of Manchester, and for other purposes.
Referred to the Committee on Corporations.
A bill to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sundays in certain cases therein specified, approved February 25, 1876.
Referred to the Committee on Banks.
A bill to incorporate the Americus Savings Bank, and for other purposes.
Referred to the Committee on Banks.
A bill to amend an act entitled an act to levy and collect a tax for the support of the State Government and the public institutions for educational purposes, etc., etc.
Referred to the Committee on Finance.
Leave of absence was granted Mr. Bennett on account of sickness in his family.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to incorporate the mutual Building, Loan and Land Association of Georgia; and
A bill to incorporate the Stephens Industrial Society.
The following bills of the House w~re read the second time and passed to a third reading, to-wit:
A bill to establish a system of water-works for the town of Richland.
A bill to amend an act to incorporate the town of Geneva.
A bill to amend an act to establish a system of public schools for the city of Fort Valley.
A bill to incorporate the town of Sycamore, in the county of Irwin.
36

562

JoURNAL OF THE SENATE

A bill to amend the charter of Morganton.
A bill to incorporate the town of Rocky Mount, in Meriwether county.
A bill to amend an act to incorporate the town of Alapaha, in Berrien county.
A bill to incorporate the National Guaranty qompauy.
A bill to incorporate the town of Hahira, in Lowndes county.
A bill to create the office of Solicitor-General for the county of,Vilcox, provide for the appointment of the same, and for other purposes.
A bill to change the time of Baldwin Superior Court, and for other purposes.
A bill to change the north line of the corporation of Vvaresboro, etc.
A bill to amend the charter of the town of Trenton, etc.
A bill to prohibit making or laying out roads, streets or alleys or other passage-ways through any of the cemeteries of Bibb county without. the consent of the proper authorities, etr.
A bill to amend the liquor law of Wayne county.
A bill to establish a public school system in the town of Richland.
A bill to alter and amend the general pilotage laws of this State.
A bill to fix the official bond of the recei,er of tax returns of Fulton county at $10,000, and for other purposes.
A bill to abolish the County Commissioners of Bryan county.
A bill to pre,ent bathing in the Ocmulgcc riYcr withiu a certain distance of Riverside Cemetery, and proYide a penalty therefor.
A bill to change the terms of Morgan Superior Court.

WEDNESDAY, SEPTEMBER 23, 1891.

563

A bill to pro,ide for paying County Commissioners of Lowndes county.
A bill to amend section 5 of an act approved December 30, 1890, entitled "an act to amend the laws of this State in reference to the inspection of illuminating oils, and for other purposes."
A bill to incorporate the town of Nickleville, in the -county of Walton.
A bill to amend an act to incorporate the town of Wadley, in Jefferson county.
A bill to incorporate the town of Omaha.
A bill to amend the charter of Rome, Georgia, creating the office of Recorder, and defining his powers and duties.
A bill to amend an act to repeal an act to incorporate the town of Forestville, in Floyd county.
A bill to authorize and require the .Judge of the County Court pf \Vilkes county to purchase certain volumes of the Supreme Court Reports; and
A bill to authorize the Mayor and Council of Carrollton to hold an election on the question of issuing and selling bonds for building water-works for said city, and to authorize the levying and collecting of a tax on all taxable property in said city, and for other purposes.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. 111. to-morrow.

564

,JouR~AL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, September 24, 1891, 10 O'clock A. M.

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

Prayer was offered.

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

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

Glenn,

Smith of 6th Dist.,

Harlan,

Smith of 28th Dist.,.

Harp,

Strickland,

Hill,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

Lanier,

williams,

McRae,

Witcher,

Mullis,

Zachry,

Nunnally,

:Mr. President..

Patton,

The .Journal was read and approved.

Leave of absence was granted Mr. Beck for to-day. otl' account of sicknes5; to Mr. Gill for a few days, on account of sickness; to Mr. Warren for to-day, on account of sickness, and to Messrs. Johnson, Golden, Irvine and Ellington after to-day until Monday next at 10 o'clock.
On motion of Mr. Terrell, the two bills of the House made the special order for this day immediately after the reading of the Journal, were displaced until 11 o'clock A.M. to-day.
::\Ir. Smith, of the 28th District, moved to reconsider theaction of the Senate on yesterday on the bill of the House to make it penal for laborers or others to receive advanceson their contracts and fail to perform the same.
The motion to reconsider did not prevail.
::\Ir. Zachry, Chairman of the Committee on General Agriculture, submitted the following report:

'fHL'RSDAY, SEPTEMBER 24, 1891.

.565

.Mr. President:

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

.A bill to prohibit persons from hunting on the uninclosed lands of another in the county of Mitchell.

Respectfully submitted.

C. T. ZACHRY, Chairman.

::\Ir. Terrell, Chairman Committee on Finance, submitted the following report:
Mr. President :
Your committee have had under consideration the followjug House bills, which they instruct me to report back,
with the recommendation that the same no pass as amended,
to-wit:
.A bill to be entitled an act to amend an act entitled an art to levy and collect a. tax for the support of the State go,ernment and the public institutions; for educational purposes in instructing children in thq elementary branches .of an EngliRh education only; to pa.y interest on the public debt, and to pay maimed Confederate soldiers and wid-owf: of Confederates such amounts as are allowed by law for each of the fiscal years 1891 and 1892, etc.
Also, a bill to be entitled an act to make additional apvropriations for fiscal years 1891 and 1892, and to supply deficiencies in several appropriations for the support of the goYernment, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.

::\Ir. Nunnally, Chairman of the Committee on Lunatic Asylum, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instr11ct fill to report back, with

.566

.JOUH.:\.H OF THE SE~ATE.

the reco{nmendation that the same do pass by substitute, to-wit:
A bill to regulate the appointment, term of office and removal of physicians of the Lunatic Asylum.
Respectfully submittcrl. .J. E. NuNNALLY, Chairman.
The following bills of the Senate were taken up under adverse reports, and lost by agreement with said reports, to wit :
A bill to authorize H. T. Barton to peddle without license in this State.
Also, a bill to allow .James R. Courson to peddlP. in Appling county.
The bill of the Senate to amend section 2, paragraph 21 of the tax act, approved December 26, 1890, was withdrawn by the moyer with consent of the Senate.
The resolution of the Home to refund $33.33 to C. c_
Wheeler, which was taken up under ad verse report of the Finance Committee, wae, on motion, laid on the table.
The bill of the House to provide for the compensation of the Board of Education of Bryan county was taken up, under adverse report of the Committee on Education. and, on motion, laid on the table.
The hill of the House to amend section five of an act appro,ed:Decemher 30, 1890, entitled an :!Ct to amend the laws of this State in reference to the inspection of illuminating oils, and for other purposes, was taken from the Committee on General Agriculture and referred, on motion of 1Ir. Zachry, to the General Judiciary Committee.
The bill of the Senate to provide for the binding out of children in certain cases was taken up, under adverse report of the General Judiciary Committee, and, nn motion~ laid on the table.
The following hills of the Senate were taken up, under adverse report.s, and lost, by agreement, with said reports, to-wit:

THURSDAY, SEPTEMBER 24, 1891.

567

A bill to prohibit fortune-telling, etc.
Also, a bill to amend the charter of the town of \Varsaw.
Mr. Cabaniss, Chairman Committee on General .Judiciary, submitted the following report:
.lfr. Pre.~ident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to transfer the county of Douglas from the Stone Mountain Judicial Circuit to the Tallapoosa Judicial Circuit, and to change the time of holding Superior Court in said county, etc.
Also, a bill to be entiiled an act to require the keeper and proprietor of hotels, boarding houses, or other public houses on the sea-coast of Georgia, where the public may resort for purposes of surf-bathing, to keep and maintain during the surf-bathing season suitable life-boats or liferafts, life-preservers and appliances for use in case of emergencies to hathE:'rs, to provide penalties for violation thereof, etc.
Also, a bill to fix place for Sherift sale for Richmond eounty.
Also, the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to provide for the appoinment of detectives, and to prescribe their duties and privileges, etc.
Also, the following SE'nate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to establish city courts in counties having a population of eighteen thousand or morE', where the same do not now exist, upon the recommendation of two successive Grand .Juries of said counties, to de-

568

JOURNAL OF THE SENATE.

fine the powers, mode of selecting officers, and jurisdiction of the same etc.

Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :

A bill to be entitled an act to create an Advisory Board of Pardons, provide for their appointment, prescribe their powers and duties, fix their compensation, etc.

Also, a bill to be entitled an act to change the manner of soliciting Com missioners of Roads and Revenues in counties of this State where the same are now elected by the quali fied voters of said counties, etc.

Respectfully submitted.

T. B. CABANiss, Chairman.

The Chairman of the Committee on Rules submitted the following report:
Mr. President :
The joint committee of the Senate and House, having had under consideration the question of adjournment of the General Assembly, recommend the adoption of thP following resolution, to-wit:
Resolt,ed, That the General Assembly do adjourn sin!' die at noon, on the 15th day of October, 1891.
Respectfully submitted. RoBERT G. MITCHELL,
Chairman on Rules on part of the Senate. Cr.ARK HowELL,
Chairman on Rules on part of the House.

On motion of Mr. Mitchell, the President, the Rules were suspended and the resolution taken up and agreed to.
On motion of Mr. Mitchell, this resolution was ordered to be immediately transmitted to the House.
The bill of the Senate to incorporate the Atlanta Trust and Guaranty Company was read the second time and recommitted.

THURSDAY, S:J<.:PTEMBER 24, 1891.

569

The following bills of the House, adversely reported, were -taken up and lost by agreement with said reports, to-wit :
A bill to organize a new Judicial Circuit of this State.
A oill to amend an act to create a Board of Commissioners -for Greene county.
A bill to fix and provide for the compensation of the County Board of Education of Newton county.
A bill to pay the members of the Board of Education of ampbell county, etc.; n.nd
A bill to submit to the legal voters of Clinch county the abolition of the Board of Commissioners for said county.
Mr. Hill introduced a resolution prohibiting the intro-duction of new matter after to-day, except by unanimous -consent.
On his motion, this resolution was taken up, and on motion of Mr. Glenn, was referred to the Committee on Rules.
1\Ir. Hill called up his resolution, introduced yesterday, providing that the hour of meeting of the Senate shall be ~~ o'clock A. M.
On motion of Mr. Cabaniss, this resolution was laid on the table.
The following message was received from_ the House through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the following bills, by the requisite
majority, to-wit:
A bill to amend section 4625(c) of the Code.
Also, a bill to make Sheriffs and their deputies ex officio ministerial officers of the county courts.
Also, a bill to prevent the shooting of fish or fishing in the waters of Upson county, except in Flint river.
Also, a bill to authorize and empower the Governor to

570

JOURNAL OF THE SENATE.

pay to the widows or dependent children of deceased Confederate soldiers the pension due them at the time of theirdeath.

Also, a bill to amend an act to create a sinking fund t~ pay off and retire bonds of this State as they mature.

Also, a bill to SP.t apart the first Monday of September of each year as a legal holiday, to be known as Labor Day.

Also, a bill to authorize the Go\ernor and Treasurer t~ issue and negotiate bonds to pay off that part of the public <lebt falling due in 1892.

On motion of Mr. Callaway, the following bills of theHouse were read the second time and recommitted to theCommittee on Banks, to-wit:

A bill to incorporate the Americus Savings Bank.

A bill to incorporate the Bank of Commerce.

A bill to amend sections 5 and 8 of the act. incorporating

the South-Georgia Bank of Waycross.



A bill to incorporate the Shipp Banking Company.

A bill to incorporate the Home Bank of Atlanta.

.A bill to incorporate the Bank of Tiftnn.

A bill to incorporate the Mercantile Bank.

A bill to incorporate the -Empire State Bank.

A bill to amend the charter of the Merchants' and Farmers' Bank of Hogansville.

A bill to change the name of the State Savings Association.

A bill to incorporate the Planters' Bank of Americus.

A bill to incorporate the clegg Banking and Savings Company.
A bill to incorporate the Bank of Statesboro; and A bill to incorporate the Bank of RockdalE'. The bill of the Senate to incorporate theWoodbury Bank-

THURSDAY, SEPTEMBER 24, 1891.

ing Company was read the second time and recommitted to the Committee on Banks.

At the hour of 11 o'clock A. :tiL the President announced

as the special order the bill of the House to make additional

awropriations for the fiscal years 1891 and 1892, and to

supply deficiencies in several appropriations for the support

of the government, and for other purposes.



The Committee on Finance reported in favor of tht pasmge of the bill, with an amendment.

The bill was, on motion, taken up by sections.

Sections 1, 2 and 3 were severally read and adopted.

Section 4 was read.

)lr. Walker moved to amend this section by striking out $340,000 and inserting in lieu thereof $180,000.

This amendment was lost.

On the question of adopting section 4, 1\Ir.Vvalker required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, .Flint, Gill, Harlan,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Johnson of 21st Dist., Stricklanj,

.Johnston of 39th Dist., Tatum,

Lamb,

Terrell,

Lane,

Vincent,

Lanier,

Williams,

1\icRae,

Witcher,

1\iullis,

Zachry.

Nunnally,

Those who voted in the negative are Messrs.-

Beard, Ellington,

Todd,

Walker.

There are ayes 29; there are nays 4.

So section 4 was adopted.

Section .5 was read and adopted.

Section 6 was read and adopted.

.572

JouR!\AL m THE SENATE.

Section 7 wa;; read and adopted, as amended by the committee, to-wit:

Amend section 7 by adding the following: "And the sum of fifty dollars to Miss Kate Roberts, for stenographic services before the Special Joint Committee on Freight Rates.

Section 8 was read, and on the question of adopting the same, Mr. Glenn required the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Boyd, Cahan iss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint,

G-ill,

Strickland,

Hill,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

I.ane,

Yineent,

McRae,

Williams,

Mullis,

'Viteher.

Nunnally,

~mith of 28th Dist.,

Those who voted in the negative are MesHs.-

&ard, Glenn,

Harp, Patton,

Smith of Uth Dist., Zaehry.

There are ayes 25; there are nays 6.

So section 8 was adopted.

Section 9 was read and adopted.

Section 10 was read, when M.r. Culn~r ofi'ered the following amendment, to-wit:

Amend by making the following section 10, and ehange the original section 10 to section 11, to-wit:

SECTIOX 10. Be it further enacted by the authority of the soml', That the sum of thirteen thousand dollars he, and the same is, hereby appropriated to the Trustees of the State Uni versity of Georgia, for the benefit and use of the Branch College;; of the State University for the year 1892, said amount to be divided among said Branch Colleges as follows:
To the colleges located at Dahlonega, $5,000. To the one located at Milledgeville, $2,000. To the one located at Thomasville, $2,000.

THURSDAY, SEPTE:IIBER 24, 1891.

573-

To the one located at Hamilton, $2,000. To the one located at Cuthbert, $2,000. Said amount to be taken from the interest of the Land-Scrip fund, and the respective amendments hereby appropriated shall be by the Trustees of the State University paid to the Trustees of the various Branch Colleges above named, and that all of said Branch Colleges be, and the same are, hereby declared to be colieges in which agriculture and mflchanic arts are taught, in accordance with the act of Congress. of 1862.
On motion of Mr. Candler, the time of the session was ext~nded until the pending bill is disposed of.
)Ir. Williams called for the previous question, whichwas sustained, and the main question was ordered.
1st. Shall the amendment be adopted?
On this amendment, Mr. Glenn demande<l the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Candler, Culpepper, Cuher,

Harp,

Strickland,

Hill,

Yincent,

Johnston of 39th Dist., Walker.

Lane,

Those who voted in the negative are Messrs.-

Boyd, Cabahiss, Callaway, Eason, Ellington, Flint, Gill, Glenn,

Johnson of 21st Dist., Tatum,

Lanier,

Terrell,

l\IcRae,

Todd,

Mullis,

William!!,

Nunnally,

Witcher,

Patton,

Zachry.

Smith of 6th Dist.,

Smith of 28th Dist.,

There are ayes 11 ; there are nays 22.

So the amendment was not adopted.

Section 10 was adopted.

The report was agreed to.

The bill was read the third time, and on the question of

.574

.JOURNAL OF THE ~ENAT.E .

the passage of the bill, as amended, the ayes and nays were recorded.

Those who voted in the affirmati\e are Messrs.-

Boyd, Cabaniss, Callaway, Culpepper, Eason, Ellington, Flint, Gill, G}enn, Harp,

Hill,

Smith of 6th Dist.,

Johnson of 21st Dist., Smith of 28th Dist.,

.Johnston of 39th Dist., Strickland,

J.amb,

Tatum,

Lane,

Terrell,

Lanier,

Todd,

McRae,

Vincent,

Mullis,

williams,

Nunnally,

Witcher,

Patton,

Zachry.

Those who voted in the negative are Messrs.--

Beard, Candler,

Culver,

Walker.

There are ayes 30; there are nays 4.

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

Mr. Terrell, Chairman of the Finance Committee, submitted the following report:

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

A bill to be entitled an act to amend the tax act, etc.

Respectfully submitted.

J. M. TERRELL, Chairman.

The bill mentioned in the foregoing report was read the second time and passed to a third reading.

The hour of adjournment arrived and the Senate adjurned until 10 o'clock A.M. to-morrow.

FRIDAY, SEPTEMBER 25, 1891.

575

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, September 25, 1891, 10 O'clock A. l\1.

The Senate met pursuant to adjournment, 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 names :

Beard, Beck, Boyd, Brown, Cabaniss, Callaway, . Candler, Culpepper, Culver, Eason, Flint, Gill,

Glenn,

l:lmith of 28th Dist.,

Harlan,

Strickland,

Harp,

Tatum,

Hill,

Terrell,

Johnston of 39th Dist., Toud,

Lamb,

Yincent,

Lane,

walker,

Lanier,

Warren,

McRae,

'Vitcher,

Nunnally,

Zachry,

Patton,

Mr. President.

Smith of 6th Dist.,

The Journal was read and appro\ed.

The following message was recehed from the Hom:e through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has passed the following House bills hy the requisite majority, to-wit:
A bill to amend an act approved October 29, 1889, providing for the time and mode of perfecting service by publication.

Also, a bill to amend section 12 of the common school laws.

Also, a bill to protect game m this State during certain
sea!!OnS.
Also, a bill to require the County Commissioners, and

576

JOUR~AL OF THE t:\ENATE.

Ordinaries where there are no County Commissioners, t~ keep a register of the public roads.
Also, a bill to permit any person to become the prosecutor in the County Courti:! of this State.
Also, a bill to require millers, manufacturers or dealer<> in flour or meal to stamp the number of pounds in each t:ack.
Also, a bill to require County Surveyors to mark the corners of lots which they locate with stone or iron blocks.
Also, a bill to exempt the pensions of Confederate soldirrs and widows from garnishment.
Also, a bill to require Judges of Superior Courts to give in charge to the Grand .Juries certain sections of the Code.
Also, a bill to make the second term after suit is brought trial term.
Also, a bill to regulate banks.
The House has also concurred in the following Senate resolution, to-wit:
A resolution looking to the adjournment of the General Assembly.
The House has passed the following Senate bill by the requisite constitutional majority, to-wit:

A bill to provide for the advancement and trial of cases in Fulton Superior Court to which the city of Atlanta is a party.

On motion of Mr. Terrell, the bill of the House to amend an act to levy and collect a tax for the support of the State government, etc., for the fiscal years 1891 and 1892, and for other purposes, approved December 26, 1890, which came up as the unfinished business of yesterday, was laid on the table.

On motion of Mr. Terrell, the bill of the House to amend an act entitled an act to levy and collect a tax for the sup-port of the State government and the public institutions,_

..

FRIDAY, 'SEPTEMBER 25, 1891.

577

etc., etc., etc., was made the special order for 11:30 o'clock A. M. this day.
~y resolution of Mr. Callaway, the courtesies of the Senate were extended to the Hon. Benj. P. Calhoun, State Senator from Florida, during his visit to this city.
By resolution of Mr. Johnston, of the 39th District, Judge James R. Brown, of Canton, Ga., was extended the courtesies of the Senate during his stay in this city.
Leave of absence was granted Messrs. Harp, Mullis and Patton for a few days, on important business.
The President announced the special order, which was the report of the Committee on General Agriculture on Senate Bills Nos.169 and 173, and House Bill No. 685, for which said com..nittee reported the following as a substitute,. to-wit:
A bill to be entitled an act to amend, revise and consolidate the laws governing the inspection, analysis and sale of commercial fertilizers. chemicals and cotton seed meal in thP. State of Georgia, and to repeal all other laws and parts. of laws in conflict therewith, and for other purposes.
The substitute was taken up by sections, and the several sections were adopted, and the report was agreei to.
The bills were read the third time and passed, as amended by substitute, there being ayes 27, nays 0.
On motion of Mr. Nunnally, this bill was ordered to be immediately transmitted to the House.

Mr. Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:
J[r. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to permii the Commissioners of Commons of Columbus to donate certain lands.
37

578

.JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to amend an act approved October 22, 1887, relating to the registration of voters for the county of Morgan, and for other purposes.
Also, a bill to be entitled an act legalizing all official business transacted by the Justice of the Peace and Notary Public in Emerson District 1425, Georgia Militia, Bartow county, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the s=tme do pass by substitute, to-wit:
A bill to be entitled an act to require all railroad companies in this State to furnish equal accommodations on their trains for white and colored passengers, etc., etc.
Respectfully submitted. RicHARD .JoHNSON, Chairman.

Mr. Johnson, Chairman Committee on Railroads, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report hack, with recommenda~ion that the same do pass, to-wit:
A bill to be entitled an act to incorporate the McRae, Ocilla and Southwestern Railroad Company, to define its rights, powers and privileges, and for other purposes.
Respectfully submitted. RICHARD JoHNSON, Chairman.

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

FRIDAY, SEPTEMBER 25, 1891.

.579

Mr. President:
Your Committee on Enrollment report as properly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate the following House bill to-wit:
An act to amend an act to establish a new charter for the city of Atlanta.
Respectfully submitted. R. M. \Y. GLENN, Chairman.

:Mr. Lanier, Chairmnn Committee on Temperance, submitted the following report:
_Mr. Pre8ident:
Your committee have had under consideration the following House hill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to authorize the Commissioners of Roads and Revenues in the county of Newton to establish a Dispensary where pure liquors can be obtained for medical, scientific, mechanical and sacramental purposes, whenever the citizens of said county shall, by a majority vote, prohibit the sale of spirituous or malt liquors in accordance with the general local option law.

Respectfully submitted.

R. H. LANIER, Chairman.

Mr. Warren, Chairman Committee on PPnitentiary, submitted the following report:
Mr. President:
Your committee have had under consideration the following bilh:, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to make it unlawful for white and colored convicts to be confined together or work chained together and to providP a penalty for thP violation of the same.
Respectfully submitted. G. W. WARREN, Chairman.

580

JouRNAL oF THE SE""ATE.

-:\Ir. Candler, Chairman 0ommittee on Corporation1;1,. submitted the following report:
J[r. President:
Yom 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 be entitled an act to provide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal the present charter, and to 3rant certain powers and privileges to said town, and for other purposes.
Also, a bill to be entitled an act to incorporate the city of Demorest, in Habersham county, and for other purposes.
Also, a bill to be entitled an act to amend the charter of Rome so as to create a Levee Commission and provide for building a levee.
Also, a bill to be entitled an act to incorporate the city of ~ranchester, and for other purposes.
Also, a bill to he entitled an act to amend an act toincorporate the town of Trion, in the county of Chattooga, and for other purposes, ~pproved February 20, 1869, so as to include within the corporate limits of said town all the lands now owned by the Trion Manufacturing Company, and also those owned by Mrs. M. A. Allgood, that eome within prescribed limits.
Also, a bill to be entitled an act to authorize the Mayor and Aldermen of the town of Perry to issue bonds . for 85,000 to build water-works, and for other purposes.
Also, a bill to be entitled an act to authorize the ~Iayor and Council of Lithonia to issue bonds, and for other purpose1;1.
Also, a bill to be entitled an act to amend section 2, of an act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer on the Mayor and Council thereof certain powers, privileges and duties, and to repeal all existing charters or acts conferring corporate powers.

FRIDAY, SEPTEMBER 25, 1891.

581

Aiso, a bill to be entitled an act to extend the corporate limits of the town of McRae, "in the county of Telfair.
Also, a bill to be entitled an act to incorporate the Brunswick and Altamaha Canal Company, and to grant certain powers and privileges to the same, and for other purposes.
Also, a bill to be entitled an act to amend an act to create .a Board of "Police Commissioners for the city of Augusta, .and for other purposes.
Also, a bill to be entitled an act to amend the charter of the town of Buford, in Gwinnett county, Ga.
Also, a bill to be entitled an act to incorporate the town -of Hiram, in the county of Paulding, to provide for the election of a Mayor and Council, Marshal and Clerk, and to <lefine their powers and duties, and for other purposes.
Also, a bill to be entitled an act to amend the charter 'Of the town of Dallas, Ga., as to the corporate limit:: so as to -embrace the cemetery, and for other purposes.
Also, a bill to be entitled an act to establish a system of water-works for town of Buena Vista, and for other purposes.

Also, a bill to amend an act incorporating the town of willacoochee in the county of Coffee, State of Georgia.
Also, a hill to be entitled an act to authorize the Council -of the town of Rockmart to levy and collect an ad valorem tax on all real and personal property within the corporate limits of said town, and to authorize said Council to open :streets and alleys and close the same in said town.
Also, a bill to authorize the town of Dublin, Laurens -county, to grant the use of Marion street in said town to the Wrightsville and Tennille Railroad Company and to the Macon, Dublin and Savannah Railroad Company for railroad purposes, etc.
Also, a bill to be entitled an act authorizing the Commissioners of Roads and Revenues of Early county to issue bonds to build a new jail for said county.

582

JotJRNAL oF 'fHE SENATE.


Also, the following House bills, with the recommenda-

tion that the same do pass, as amended, to-wit:

A bill to be entitled an act to incorporate the town of Whitehall.

Also, a bill to be entitled an act to incorporate the town of Cement, Georgia, etc.

Also, the following House bills, with the recommendation that the same be read the second time and recommitted to the General Judiciary Committee, to-wit:

A bill to be entitled an act to incorporate the Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia.

.Also, a bill to authorize the city of .Atlanta to open and extend Alabama street from the central portion of the said city, westerly through property of the State subject to the rights of the Western and Atlantic Railroad.

Also, the following Senate bill, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act amending the charter of the town of Tybee.

Respeetfully submitted. W. E. CANDLER, Chairman.

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

Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President of the Senate and Secretary thereof, the following Senate acts. to-wit:

An act to incorporate the Exchange Bank of Forsyth.

.Also, an act to incorporate the town of Culvertou in Hancock county, and for other purposes.

Also, an act to incorporate the Bank of Louisville, Ga.

Also, an act to incorporate the Reynolds Exchange Bank

FRIDAY, SEPTEMBER 25, 1891..

583

to confer certain powers and privileges upon the same, and for other purposes.
Also~ the following House bills that have been signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, to-wit;

An act to incorporate the Security Bank, and for other purposes.
Also, an act to incorporate the Northeast Georgia Loan and Banking Company to confer, certain powers and privileges on the same, and for other purposes.
Also, an act to extend the tinie for driving cattle across certain lines in White county to the first day of May, and for other purposes.
Also, an act to incorporate the Merchants and Farmers' Savings Bank, and for other purposes.
Also, an act to amend an act entitled an act to incorporate the Title, Guarantee and Loan Company of Savannah, and for other purposes, approved October 17th, 1887, by adding to section 4 of said act, as hereinafter provided and incorporating a new section concerning deposits by married women and minors, and for other purposes.
Respecttnlly submitted. R. M. W. GLENN, Chairman.

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

Mr. President :
Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following Senate bills, to-wit:
An act to repeal an act to incorporate the town of Cusseta, in Chattahoochee county, and to render permanent the county site, and appoint Intendant and Commissioners, and regulate the duties of the same, approved December. 22,

584

JoURNAL OF THE SENATE.

1&55, except so much of said act of December 22, 1885, as relates to making permanent the county site, and to substitute in lieu thereof this act to reincorporate the town of Cusseta, etc.
Also, an act to alter and amend an act to authorize the Mayor and Council of the city of Forsyth to issue certain bonds, etc., approved November 13, 1889, etc.
Also, an act to prohibit the sale of seed cotton in Jefferson county from the 15th of August to the 24th of December of each year, and to provide a penalty for the violation of the same.
Also, an act to incorporate the town of Lovejoy, in Clayton county, Georgia, etc.
Also, an act to amend an act incorporating Suwanee Canal Company, approved October 29, 1889, etc.
Also, an act to amend an act to authorize and require the registration of all the voters in .Jasper county, Georgia, and to provide methods of registration, etc.
Also, an act to amend the charter of the city of Bainbridge, granted March 12, 1866, so as to empower the Mayor and Council of said city to maintain a system of sewerage and drainage in said city, etc.
Also, an act to amend an act entitled an act to consolidate and amend the several acts incorporating the city of Bainbridge, in Decatur county, etc.
Also, an act to incorporate the Smithville and Hawkinsville Railroad Company, to define its powers, etc., etc.
Also an act to amend the act incorporating the Carrollton Street Railroad Company.
Also, an act to incorporate the Brunswick, LaGrange and Northwestern Railroad.
Also, an act to amend an act to incorporate the Southern Exchange Bank, to define its powers, etc.
Also, an act to incorporate the town of Lyerly, Chattooga county, Georgia, etc.

FRIDAY, SEPTEMBER 25, 1891.

585

Also, an act to incorporate the Thomson and Lincolnton Railroad, to grant qertain powers, rights and privileges to :said corporation, etc.
Also, an act to extend the corporate limits of the city of Bainbridge as far as one mile from the court-house in said ~ity in every direction, except that portion of said city bordered by the Flint, the limits of said city in that direction to he extended to high-water mark on the west side of .sa.id river, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.

The following bills of the House were read the first time and referred as indicated, to-wit :
A bill to make Sheriffs and their deputies of the several counties of this State wherein. County Courts have been or may be established ex officio ministerial officers of said -courts.
Referred to the General Judiciary Committee.
A bill to set apart the first Monday in September of each _year as a legal holiday, to be known as Labor Day.
Referred to the General Judiciary Committee.
A bill to amend section 462.5(c) of the Code. Referred to the General Judiciary Committee.

A bill to protect game in the State of Georgia during certain seasons.
Referred to the General Judiciary Committee.
A bill to prevent shooting of fish or fishing in the waters of Upson county.
Referred to the Committee on Special Agriculture.
A bill to amend an act to make second term after suit is ;brought in Justices' Courts trial term in certain cases.
Referred to the General Judiciary Committee.
.A. bill to make it the duty of each County Surveyor in

586

JOURNAL OF THE SENATE.

this State to cause the corners of the lots. ofland which theylocate to be marked with stone or iron blocks, etc.
Referred to the Special Judiciary Committee.
A bill to regulate bank!;1, and for other purposes.
Referred to the Committee on Banks.
A bill to amend section 12 of the common school law,. and for other purposes.
Referred to Committee on Public Schools.
A bill to permit any person to become the prosecutor in the County Courts of this State when the first original prosecutor fails or refuses to prosecute, and for other pmposes.
Referred to the General Judiciary Committee.
A bill to exempt the pensions of Confederate soldiers and widows of Confederate soldiers from garnishment and all other legal process.
Referred to the General Judiciary Committee.
A bill to authorize the Governor and Treasurer to issue bonds and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt maturing in the year 1892, and for other purposes.
Referred to the Committee on Finance.
A bill to require Judges of the Superior Courts of this State to give in charge to the Grand Juries certain sections of the Code of 1882, and other statutes of the State relating to violations of the Sabbath day, and .for other purposes.
Referred to the General Judiciary Committee.
A bill to authorize and empower the Governor to cause to~ be paid to the widow or dependent children of deceased Confederate soldiers the pension due to said soldiers, respectively, at the time of their death.
Referred to the Committee on Finance.
A bill to amend an act approved October 29, 1889, providing for the time and mode of perfecting service by publication by striking therefrom certain words.
Referred to th':! General Judiciary Committee.

FRIDAY, SEPTEMBER 21'i, 1891.

587

A bill to amend an act to create a sinking fund to pay off and retire bonds of this State as they mature, in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877, by the levy and collection of a tax therefor, and for other purposes.
Referred to the Committee on Finance.
A bill to amend an act to require millers or manufacturers of flour or meal, and every merchant or dealer selling or offering said articles for sale, to stamp or print on each sack in which either of said articles are placed, in plain figures, the exact number of pounds of flour or corn meal contained therein.
Referred to the General Judiciary Committee.
A bill to require the County Commissioners in the several counties of this State, and the Ordinaries in counties where there are no County Commissioners, to keep a register (If the public roads, and for other l)urposes.
Referred to the General Judiciary Committee.
The following bills of the Senate were read the second time and passed to a third reading, to-wit :
A bill amending the charter of the town of Tybee.
Also, a bill to establish City Courts in counties having a population of eighteen thousand or more, where the same do not now exist, upon the recommendation of two successive Grand Juries of said counties, to define the powers, mode of selecting officers and jurisdiction of the tmme.

Also, a bill to create an Advisory Board of Pardons, and for other purposes.

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

A bill to incorporate -the International Railway Employees' Accident Association.

Also, a bill to incorporate the Southern Industrial Aid Society.

.588

JOURNAL OF THE SENATE .

The following bills of the House wece read the second time and passed to a third reading; to-wit:
A bill to prodde a new charter for the town of Arlington, etc.
A bill to incorporate the town of Whitehall.
A bill to fix the place for Sherifts' sales for Richmond county.
A bill to amend the charter of Rome so as to create a Levee Commission and provide for building a sewer.
A bill to incorporate the city of Demorest, in the county of Habersham.
A bill to amend an act approved October 22, 1887, relating to the registration of voters for the county of Morgan.
A bill to incorporate the. town of Cement, Ga.
A bill to incorporate the Grand Lodge of the Independent Order of Good Samaritans, and Daughters of Samaria, of Georgia.
A bill to authorize the Mayor and Council of Lithonia to il;:sue bonds, etc.
A bill to permit the Commissioners of Commons of Columbus to donate certain lands.
A bill to prohibit all persons from hunting on the unenclosed lands of others, in the county of Mitchell, without the written consent of the owners.
A bill to legalize all official business transacted by the Justice of the Peace and Notary Public in Emerson District 1425, Georgia Militia, Bartow county.
A bill to establish a system of water-works for the town of Buena Vista.
A bill to incorporate the city of Manchester, and for other purposes.
A bill to authorize the Mayor and Alderman of the town of Perry to issue bonds to build water-works, and for other purposes.

FRID-~Y, SEPTEMBER 25, 1891.

58!:)

A bill to amend the charter of the town of Buford, Gwinnett county.
A bill to incorporate the town of Hiram, in the county of Paulding, and for other purposes.
A bill to amend an act incorporating the town of Willacoochee, in Coffee county.
A bill to authorize the town of Dublin, Laurens county, to grant the use of Marion street to the Wrightsville and Tennelle Railroad Company, and to the Macon, Dublin and Savannah Railroad Company, etc.
A bill to extend the corporate limits of the town of McRae, in Telfair county.
A bill authorizing the Commissioners of Roads and Revenues of Early county to issue bonds to build a new jail.
A bill to incorporate the Brunswick and Altamaha Canal Company.
A bill to amend an act to create a Board of Police Commissioners for the city of Augusta.
A bill to transfer the county of Douglas from the Stone Mountain to the Tallapoosa Circuit, and change the time of holding Superior Court in said county.
A bill to require the keepers and proprietors of hotels. boarding houses, or other public houses on the sea-cost of Georgia, where the public resort for surf-bathing, to keep and maintain suitable life-boats or life-rafts, life-preservers and appliances, for use in emergencies, etc.
A bill to amend the charter of the town of Dallas, etc.
A bill to authorize the Council of the town of Rockmart to levv and collect an ad valorem tax on all real and personal property in .said town, and for other purposes.
A bill to amend the charter of the town of Trion, in Chattooga county.
A bill to amend section 2 of an act to incorporate the town of Clarkesdlle, in Habersham county.

590

JouRNAl, oF .rHE SENATE.

A bill to authorize the city of Atlanta to open and extend Alabama street, etc.
And, a bill to authorize the Commissioners of Roads and Revenues of the county of Newton to establish a Dispensary, etc., and for other purposes.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your committee have had under consideration the following Senate bill, which they instructme to report back, with the recommendation 'that the same do pass, to-wit :
A bill to be entitled an act to incorporate the town of Milan, in the counties of Telfair and Dodge, and for other purposes.
Also, the following House bill, with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the city of LaGrange.
Respectfully submitted. W. E. CANDLER, Chairman.

Mr. Callaway, Chairman pm tem. of the Committee on Banks, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Bank of Statesboro, etc.
Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Woodbury Banking Company, etc.
Respectfully submitted. E. H. C.ui.AWAY, Chairman pm f('ln.

FRIDAY, SEPTEMBER 25, 1891.

591

The special order for 11:30 o'clock was taken up under report of the Finance Committee, to-wit : A bill of the House to amend an act to levy and collect a tax for the J>upport of the State Government and public institution; for educational purposes; to pay interest on the public <lebt, etc., for the fiscal years 1891 and 1892, and for other purposes, approved December 26th, 1890, and for other purposes.

The report, which was favorable, was agreed to.

The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Flint, Gill, Glenn,

Harlan,

Paton,

Hill,

Smith of 6th Dist.,

Harp,

Smith of 28th Dist.,

Irvine,

Strickland,

Johnston of 39th Dist., Tatum,

Lamb,

Terrell,

Lane,

Vincent,

Lanier,

Warren,

McRae,

Witcher,

Nunnally,

. Zachry.

The member who voted in the uegati,e is Mr.-

Todd.

Therfl are ayes 31; there are nays 1.

So the bill was passed by a constitutional majority, and on motion of Mr. Terrell ordered to be immediately transmitted to the House.
Under a suspension of the Rules, Mr. Cabani~s introduced the following bill, which was read the first time and referred to the Committee on Military Affairs, to-wit:
A bill to provide for the honorable retirement from service of commissioned officers of the Georgia Volunteers, and for other purposes.
Leave of absence was granted Mr. 'Varren for a few days on important business.

592

JOURNAL OF THE SENATE.

On motion of Mr. Irvine the Senate took up the report of the Committee on Corporations on thG bill of the House t(} create a Board of Police Commissioners for the city of Rome, etc.
The committee reported in favor of its passage by subt"titute.
Pending discussion of the report of the committee the bill was, on motion, laid on the table.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to change the manner of selecting Commissioners of Roads and Revenues in counties where the same are now elected by the qualified voters of said counties, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Woodbury Banking Company, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.
On motion of Mr. Strickland it was ordered that when the Senate adjourn it shall adjourn to meet .at 3 o'clock P. ~r. for the purpose of reading bills the first and second times and local bills the t.hird time.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend acts incorporating the city of Madison, approved March 12th, 1866, and February 28th, 1876, and for other purposes.
Proof of legal notice was submitted.
The rf:'port was agreed to.
The bill was read the thircl time and passed, ayes 30, nays 0.

FRIDAY, SEPTEMBER 25, 1891.

593

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Rocky Mount in Meriwether county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 30, nays 0.
The hour of adjournment havmg arrived, the President, declared the Senate adjourned until 3 o'clock P.M.

SENATE CHAMBER, 3 o'cLocK P. M.
The Senate met pursuant to adjournment and in the temporary absence of the President, and the absence by leave of the President protem., the Secretary called the Senate to order and the Senator for the 36th District was nominated and elected President pro tem., and took the seat and called the Senate to order.
On motion of Mr. Zachry the call of the roll was dispensed with.
The following bills were read the second time and passed to a third reading, to-wit:
A bill of the House to amend the charter of the City of LaGrange, and the bill of the Senate to incGrporate the tflwn of Milan in the counties of Telfair and Dodge.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved December 29, 1890, entitled an act to change the time of holding the superior court of Burke county and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
38

594

.JOURXAJ, OF THE SEXATE.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend the charter of the Indian Springs Railroad Company.
The committee reported in favor of its passage with amendments which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended. ayes 25, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to change the time of Baldwin superior court and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize the Judge of the County Court of Wilkes county to purchase certain volumes of the Supreme Court reports, etc.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Special .Judiciary Committee on the bill of the House to prevent persons from bathing in the Ocmulgee river within a certain distance of Riverside cemetery., and to pmvide a penalty.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passPd, ayes 26, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the MeRae, Ocilla and Southwestern Railroad Col)1pany.
The report was agreed to.

FRrDAy, SEPTEMBER 25, 1891.

595

The bill was read the third time and passed, ayes 26, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to change the terms of Morgan Superior Court.
The report was agreed to.
The bill was read the third time, and passed, ayes 26, nays 0.

The Senate took np the report of the Finance Committee on the bill of the House to provide for the paying of County Commissioners of Lowndes county.
Proof of legal notic3 was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Blue Ridge.
Proof of legal notice was submitted.'
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Finance Committee on the bill of the House to fix the official bond of the Receiver of tax-returns of Fulton county at $10,000, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Trenton.
Proof of legal notice was submitted.

596

JOURNAL OF THE :::iENATE.

The report was agreed to. The bill was read the third time and passed, ayes 28,_ nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Alapaha, in Berrien county.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Committee on Corporations on the hill of the House to amend the charter of Morganton.
Proof of legal notice was submitted. The report, was agreed to. The bill was -read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to create the office of Solicitor-General for the county of Wilcox, and provide for the appointment of the same.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time, and passed, ayes 26, nays 0.

The Senate took up the report of the bill of the House to ab:>lish the County Commissioners of Bryan county.
Proof of legal notice was st\bmitted.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays <'.

Mr. Glenn, Chairman of the Committee on Enrollment,_ submitted the following report:

FRIDAY, SEPTEMBER 25, 1891.

597

-.1lfr. Presiiknt:
Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary {)f the Senate the following Senate bill, to-wit:

An act to provide for the advancement and trial of cases in Fulton Superior Court, to which the city of Ailanta is a party or materially interested.

Respectfully submitted.

R. M. w. GLENN,

Chairman Committee on Enrollment.

Leave of absence was granted Mr. Williams on account -Df sickness in his family.

The Senate took up the report of the Committee on Corporations on the bill of the House to change the north line {)f the corporation of \Varesboro, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and pasEed, ayes 26, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the Stephens Industrial Association.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

The Senate took up the report of the Committee on Corporations on the hill of the Senate to incorporate the Mutual Building Loan and Land Company of Georgia.
Proof of legal notice was submitted.
Therepor'. was agreed to.
The bill was read the third time and passed, aye; 24, nays 0.

.598

JouRNAL oi<' THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to repeal an act to incorporate the town of Forestville, in Floyd county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act creating the office of County Solicitor for the county of Wayne.
Proof of legal notice was submitted.
The report was agreed to.
The bill was rfad the third time, and passed, ayes ~6, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal an act entitled an act to provide for the registration of the qualified voters of Campbell county, approved October 22, 1887.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend section 23 of on act approved December 26, 1888, so far as the same relates to the publication of the Mayor and Board of Aldermen of the town of Jesup, Ga.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Bank of Statesboro, .and for other purposes.

FRIDAY, SEPTEMBER 25, 1891.

599

The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Corpoaations un the bill of the House to amend the charter of Rome, Ga., creating the office of Recorder, and defining his powers and duties.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the report of the Committee on Public Schools on the bill of the House to amend an act entitled an act to establish a system of public schools for the city of Fort Valley, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 28, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House tu amend an act to mcorporate the town of Geneva, Talbot county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.

The Senate took up the report of the Committee on Public Schools on the hill of the House establishing a public school system in the town of Richland, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.

JOURNAL OF THE SENATE.
The bill was read the third time, and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Omaha.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Hahira, in Lowndes county, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the liquor law of \Vayne county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to establish a system of water-works for .the town of Richland, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.

FRIDAY, SEPTEl\lBER 25, 1891.

601

"The Senate took up the report of the Committee on 'Corporations on the bill of the House to amend an act to incorporate the town of 'Vadley, in Jefferson county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town -of Sycamo;e, in the county of Irwin.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 32, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to prohibit the making or laying out of roads, streets or alleys, or other passageways through any of the cemeteries in Bibb county without the consent of the proper authorities.
Proof of legal notice was submitted.
The report was agreed to.
The bill wa::; read the. third time and passed, ayes 2i, :~:.ays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to authorize the Mayor .and Council of Carrollton, Ga., to hold an election on the <JUestion of issuing and selling bonds, not exceeding $2.5,000, for the purpose of providing or building a sy::;tem <If water-works, and to levy and collect a tax on all taxable property in said town; and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

602

JOURNAL OF THE SENATE.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, September 2fl, 1891, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. .John .Jones, D. D., Chaplain of the Senate.
The roll call was, upon motion, dispensed with.
The .Journal was read and approved.
Lea\e of absence was granted to Mr. Harlan on account of sickness.
The following mes5age wa3 received from the Honse through Mr. Hardin, the Clerk thereof:
Mr. President:
The .House has passed by the requisite constitutional' majority, the following bill, to-wit:
A bill to prescribe the conditions under which a certain ela:>s of fire-arms may be carried, to provide a license for the same, and for other purposes.
. On motion of Mr. Candler, the. Senate took a recess subject to the call of the President.
After a brief recess the Senate was called to order.
~Ir. Beck, Chairman Committee on Public Property, submitted the following report: Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back,.. with the recommendation that the same do pass, to-wit:

MoNDAY, SEPTEMBER 28, 1891.

603

A bill for the protection of the State Capitol Building and for other purposes.

Respectfully submitted.

M. W. BEcK, Chairman.

Under a call of the roll for introduction of new matter, Mr. Terrell introduced a bill to amend the pension laws granting pensions to disabled Confederate soldiers, so as to prevent the payment of the same to any pel'Son who may be convicted of a felony or any crime involving moral turpitude, which was read the first time and referred to the Committee on Finance.
On motion of Mr. Glenn, the Senate took up the amendments of the House to the bill of the Senate to alter and amend article 3, section 7, paragraph 18 of the Constitution of the State, and for other purposes.
For the first amendment the following substitute was offered and adopted:
And if, in any event, the Secretary of State should be disqualified to act in any case, then, in that event, the Legislature shall provide hy general laws, by what person such charters shall be granted.
The second amendment was concurred in.
The third amendment was concurred in.
The 4th amendment was concurred in by the following. substitute, to-wit:
Also, l:>y striking out the words "against ratification " and inserting in lieu thereof the words" againRt ratification of article 3, section 7, paragraph 18."
Amendment number 5 was concurred in.
On motion of Mr. Todd, the amendment of the House to the bill of the Senate to amend the charter of the city of Atlanta with regard to the duty and liability of street railroad companies in the matter of street paving, and for other purposes, was taken up and concurred in.

JOURNAL Qlo' THE ~ENATE.
The following message was recei Yed from the Governor through ,V. H. Harrison, Secretary of the Executive Department:
Jl-!r. President :
The Governor has approved the following acts of the General Assembly, to-wit:
An act to ~uthorize the town of Jonesboro, in Clayton county, to establish and maintain a system of public schools.
Also, an act to amend the local option law of Hart county.
Also, an act to amend an act entitl~d an act to amend the charter of the Louisville Branch Railroad Company, approved August 14, 1879, so as to authorize the Board of Directors to extend said road, change the name, and for other purposes.
Also,.an act to incorporate the town of Lovejoy, in Clayton county.
Also, a resolution relating to certain lands of the State on or near the Western and Atlantic Railroad.
The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary, to-wit:
Mr. President:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executhe ses;;;ion.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Milan, in the counties of Telfair and Dodge, and ior other purposes.
Proof of legal notice was submitted.

MoNDAY, SEPTEMBER 28, 18!:11.
The committee reported in favor of its passage, with amendments, which were adopted and the report was agreed to.
The bill was read the third time and passed, as amended,. ayes 25, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to transfer the county of Douglas from Stone Mountain to Tallapoosa .Judicial Circuit, and to change the time of holding Superior Court in said county.
Mr. Terrell offered to amend the report of the committee, and pending action on his amendment, the bill, on motion of Mr. Golden, was laid on the table.
The bill of the House to prescribe the conditions under which a certain class of fire-arms may be carried, to proYide a license for the same, and for other purposes, was read the first time and referred to the General Judiciary Committee.
The bill of the Senate for protection of the State Capitol building, etc., and for other purposes, was read the second time and passed to a third reading.
The Senate took up the report of the Committee on Corporatins on the bill of the House to incorporate the town of Hiram, in the county of Paulding, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24,. nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of LaGrange.
Proof of legal notice w-as submitted.
The report was agreed to.
The bill was. rea.d .the third time and passed, ayes 24,.
nays 0.

605

JorRNAJ. OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to permit the Commissioners of Commons of Columbus to donate certain lands.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 2:"i, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to extend the corporate limits of the town of McRae in the county of Telfair.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Dallas in the COU\1ty of Paulding.
Proof oflegal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 2;), nays 0.
On motion of Mr. Terrell, the following bill of the House, which was recalled from the Governor, by resolution, to cmrect an error therein, was taken up, to-wit:
A bill to authorize any bank chartered under the laws of Georgia, or that may hereafter be chartered under the laws of this State, and which is now or may be appointed a State Depository in this State, in lieu of executing a bond, to deposit with the Treasurer of this State fifty thousand dollars in the bonds of the State of Georgia, and to prescribe what banks may be State depositories.
On motion of Mr. Terrell, the previous action of the Senate on the bill was unanimously reconsidered, and the same was referred to the Committee on Finance.

MoNDAY, SEPTEMBER 28, 1891.

607

The Senate took up the report of the Committee on Corporations on the bill of the Senate amending the chartor of the town of Tybee.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.
Under a suspension of the Rules, Mr. Hodges introduced a bill to incorporate the Farmers' and Merchftnts' Bank of Hartwell, Georgia, which was read the first time and referred to the Committee on Banks.
The bill of the Senate to create an Advisory Board of Pardons, etc., which was taken up under favorable report of the General .Judiciary Committee, was, on motion of Mr. Golden, laid on the table.
The Senate took up the report of the Committee on Temperance on the bill of the House to authorize the Commissioner;; of Roads and Revenues in the county o( Newton to establish a dispensary for the sale of pure liquors, etc., and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the thi"rd time, and passed, ayes 24, nays 0.
.. The Senate took up the report of the Committee on Corporations on the bill of the House to amend the cl!arter of the town of Buford.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Cor:porations on the bill of the House to authorize the council of the town of Rockmart to levy and collect an ad valorem

fi08

JouRNAL oF THE SE:SATE.

tax on all real and personal property in said town and toopen streets and alleys and close tl::; same in said town.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 24,. nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to authorize the town of Dublin, Laurens county, to grant the uAe of Marion street in said town to the Wrightsville and Tennille Railroad Company, and the Macon, Dublin and Savannah Railroad for railroad purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and pa!:'sed, ayes 24,. nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act incorporating the town of Willacoochee in Coffee county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the reporl of the Committee ou Corporations on the bill of the Honse to authorize the mayor and council of Lithonia to issue bonds, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 2!), nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend section 2, of an act to incorporate the town of Clarkesville in Habersham county, and for other purposes.

MoNDAY, SEPTEMBER 28, 1891.

609

Proof of legal notice was submitted.
The report wa.s agreed to. The bill was read the third time, and passed, ayes 25,, nays 0.
The Senate took up the report of the Special JudiciaryCommittee on the bill of th.e House to legalize all official business transacted by the justice of the peace and notary public in Emerson District (1425), G. M., Bartow county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 25, nays 0.
The ::;enate took up the report of the Committee on Corporations on the bill of the House authorizing the Commis~ioners of Roads and Revenues of Early county to issue bonds to build a new jail for said county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes _24 nays 0.
The Senate took up the report of the Committee on Corporations on the bill of ;;he House to incorporate the city of Manchester, and for other purposes.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Trion, in Chattooga county.
Proof of legal notice was submitted.
The report was agreed to.
39

6il0

JOURNAL OF THE !SENATE.

The bill was read the third tim,e, and passed, ayes 25, nays 0.
The hour of adjournment arrived. and the President declared the Senate adjourned until 10 o'clock A. M. to-morrow.

SENATE CH~MBER, ATLANTA, GEORGIA,
Tuesday, September 29, 1891, 10 O'clock A.M.

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

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

On the call of the roll, the f~llowing Senators answered to their names:

Beard, Cabaniss, Candler, Culpepper, Culver, Eruwn, Ellington, Flint, Glenn, Golden, Harlan,

Hiii,

Smith of 6th Dist.,

Hodges,

Smith of 28th Dist.,

Irviue,

Strickland,

Johnson of 21st Dist., Tatum,

Johnston of 39th Dist., Terrell,

Lamb,

Todd,

Lane,

Walker,

Lanier,

Wiiliams,

McRae,

Witcher,

Muliis,

Zachry,

Nunnally,

Mr. President.

The Journal was read and approved.

Mr. Terrell, Chairman Committee on Finance, submitted the following report:

Mr. President:
Your committee have had under cJnsideration the following House bill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to authorize and empower the Governor to cause to be paid to the widows or dependent

TUESDAY, SEPTEMBER 29, 1891.

611

childret~ Ofdeceased Confederate soldiers the pensions due to said soldiers, respectively, at the time of their death.
Also the following Senate bill, which they instru~t m~ to report back, with the recommendation that the same do not pass, to-wit:

A bill to be entitled an act to amend the pension laws granting pensions to disabled Confederate soldiers, so as to prevent th:e payment of the same to any person who may be convicted of felony, or any crime imolving moral turpitude.
Respectfully submitted. J. :M. TERRELL, Chairman.

:Mr. Johnson, Chairman of the Committee on Railroads, submitted the following report:

Jlr. President:
Your committee have had under consideration the followlowing 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 Albany and Bainbridge Railroad Company, etc.
Also, a bill to incorporate the :Madison and Eatonton Dummy Line, etc.

Also, a bill to incorporate the Jesup and Waynesville Railroad.

Also, a bill to incorporate the North :Macon Street Railroad Company.
Also, a bill to incorporate the East and West Railroad Company, etc.

Also, a bill to amend an act amending the charter of the city of West End, approved November 1,1889, etc.

Also, a bill to amend an act to incorporate the Savannah Street and Rural Resort Railroad Company, etc.


612

JOURNAL 01<' THE ~ENATE.

Also, a bill to incorporate the Southover Street Railroad Company, etc.

Also, a bill to amend an act incorporating the Cartersville and Gainesville Railroad Company.

Also, the following House bills, which they recommend do pass as amended, to-wit:

A bill to incorporate the Carrollton and Roanoke Railroad Company, and for other purposes.

Also, a bill to amend an act to incorporate the Waycross Air-Line Railroad Company, etc.

Also, a bill to incorporate the Chalybeate Springs Railroad - Company, etc.

Also, a bill to incorporate the Tifton and Northeastern Railroad Company, and for other purposes.

Also, a bill to incorporate the Boston and Albany Railroad Company, etc.

Also, a bill to incorporate the Tobacco-Belt and Flovilla Railroad Company, and for other purposes.
Also, a bill to incorporate the Wayne Southern Railroad Company.
Also, a bill to incorporate the Transvale Railway Company, etc.
Also, a bill to authorize the building and equipping of a railroad from Covington, Georgia, to the Ocmulgee river, etc.
Also, a bill to incorporate the Soque and Tallulah River Railroad Company, and for other purposes.
Also, a bill to incorporate the Atlanta and Manchester Railroad Company, and for other purposes.
Respectfully submitted. RrcHARD JoHNSON, Chairman.
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:


TuESDAY, SEPTEMBER 29, 1891.

613

Mr. President :
Your Committee on Enrollme1it report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following bill, to-wit:

An act to incorporate the Bank of Commerce of Summerville, Georgia.
Respectfully submitted. R. M. W. GLENN, Chairman.
Mr. Williams, Chairman of the Committee on Military Affairs, submitted the following report :

Mr. Prisidtmt
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for the honorable retirement from service of commissioned officers of the Georgia Volunteers, and for other purposes.
Respectfully submitted. P. W. WILLIAMs, Chairman.

Mr. Glenn, Chairman of the Com"tDittee on Enrollment, submitted the following report:

Mr. President:
Your Committee on Enrollment report, as properly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following bills, to-wit:
An act to amend the charter of the city of Atlanta with regard to duty and liability of street railroad companies in the matter of street paving, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.
Mr. Glenn, Chairman Committee on Enrollment, submitted the following rE>,port:

614

JouRNAL OF TRE S~A.T}f.

Mr. President :
Your Committee on Enrollment report as duly enrolled, and signed by the Speaker and Clerk of the Honse, and ready for the signatures of the President and Secretary of the Senate, the followh1g House bills, to-wit:

An act to incorporate the Glynn Title and Loan Com:pany, to define its powers, privileges and liabilities, etc.
Also, an act to incorporate the town of Sycamore, in the county of Irwin, etc.

Also, an act to incorporate the McRae, Ocilla and South-

western Railroad Company,. to define its rights, powers and

privileges, etc.



Respectfully submitted. R. M. W. GLENN, Chairman.

The bill of the House to provide for the appointment of Detectives and to prescribe their duties, which was taken up under above report of the General Judiciary Committee, was, on motion of Mr. Lane, laid on the table.

The bill of the Senate to amend the pension laws granting pensions to disabled Confederate soldiers so as to prevent the payment of the same to any person who may be convicted of a felony or any crime involving. moral turpitude, was taken up under adverse report of the Finance Committee, and lost by agreement therewith.

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

Mr. President: The House has passed the following HoWle bills, to-wit:
A bill to :tmend section 2626 of the Code.
Also, a bill to amend section 1100 of the Code of 1882~ Also, a bill to protect game in the county of Hancock. Also, a bill to confer police ww:e~. QQ. th~. co~ducto~

TUESDAY, SEPTEMBER 29, 1891.

615

mot-ormen and dTivers ()f tlre street railroad companies in this State.
Also, a bill to further carry into effect paragraph 1 of section 2 of article 4 of the Constitution of this State.

The House has also passed the following Senate bill, by two substitutes, to-wit:

A bill to extend the term of the common schools to six months, to establish a permanent school fund and provide for disbursement thereof, to prescribe the duties of the officers connected therewith, to amend and consolidate existing school laws.

Mr. Terrell, Chairman Committee on Finance, submitted the following report :

Mr. President:
Your committee have had under consideration the follow.ing 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 create a sinking fund to pay off and retire bonds of this State as they mature in accordance with article 7, section 14, para_p;ra.ph 1 of the Constitution of 1877, by the levy and coL lection of a tax the~;efor, and for other purposes.

Also, a bill to be entitled an act to authorize the Governor and Treasurer to issuP bonds and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt maturing in the year 18921 and for other purposes.
Respectfully submitted. J. M-. TERRELL, Chairman.

The following privileged resolution introduced by Mr.
Hill, was read and unanimously agreed to:

WHEREAS, It is with feelings of the deepest regret that we learn, through the Constitution, of the very serious illness of Senator O'N.eal; of the 8th .District;

616

JOURNAL OF THE SENATE.

Therefore be it resolved, That we tender him and his family our sincere sympathy, and earnestly wish for him a speedy and safe recovery.

ReBolved, That .a copy of these resolutions be sent our fellow Senator.

Under a suspension of the Rules, the following bills were introduced, read the first time and referred as indicated, to-wit:
By Mr. NunnallyA bill to amend section 792 of the Code. Referred to the General Judiciary Committee.
By Mr. CabanissA bill to amend section 4391 of the Code of 1882. Referred to the General Judiciary Committee.
By Mr. Lane, by requestA bill to authorize certain persons to carry concealed
weapons and require payment of a tax, and for other purposes.
Referred to the General Judiciary Committee.

The following bills of the Hou~e were read the first time and referred as indicated, to-wit :
A bill to further carry out paragraph 1 of section 2 of article 4 of the Constitution of the State and to prevent unjust discrimination on the part of any railroad operated within, or partly within, this State against any other railroad company within this State.
Referred to the Committee on Railroads.
A bill to protect game in the county of Hancock.
Referred to the Committee on Agriculture.
A bill to confer police powers on motormen and drivers for street railroad companies in this State, and for other purposes.
Referred to the General Judiciary Committee.

TuESDAY, SEPTEMBER 29, 1891.

617

A bill to amend section 1103 of the Code of 1882, so as to fix the number of Aids-de-Camp, and for other purposes.
R~ferred to the Committee on Military Affairs.

A bill to amend section 2626 of the Code, etc. Referred to the General Judiciary Committee.

The Senate took up the report of the Committee on

Public Property on the bill of the Senate for the protec-

tion of the State Capitol building, and to empower the

Janitor and W.:ttchman of said building to make arrests

in certain cases, to fix a penalty tor marring, defacing or otherwise injuring the building ~r its contents, and for

other purposes.



. The report was agreed to.
The bill was read the third time and pas~;~ed, ayes 25, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Dennard, in the county of Houston, and for other purposes.
The report was amended on motion of Mr. Culpepper, by striking from section 3, second line, the words, "in December," and inserting in lieu thereof, the word "November."
Proof of legal notice was submitted.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, ayes 25, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Elko, in the county of Houston, etc.
The report was amended as follows, on motion of Mr. Culpepper:
Amend section 3 by striking the words " second Wednes-

61;8

JoURNAL OF THE SENATE.

day in December" wherever they occur in said section, and substituting therefor the words "first Saturday in November."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended, ayes 28, nays 0.

The Senate took up the report of the General Judiciary on the bill of the Senate to establish City Courts in counties having a population of eighteen thousand, or more, where the same do not now exist, upon the recommendation of two successive Grand Juries of said counties, to define the powers, mode of selecting officers, and jurisdiction of the same.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 30, nays 0.

The Senate took up the report of the Committee on the Lunatic Asylum on the bill of the Senate to regulate the appointment, ter,m of office and removal of Physicians of the Lunatic Asylum, and for other purposes.
The committee reported in favor of its pas<"age by substitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended
by substitute, ayes 27, nays 1.
The Senate took up the report of the General Judiciary Committee on the bill of the House to fix the place for Sheriffs' sales in Richmond county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time, and passed, ayes 29, nays 0.
The Senate took up the report of the Committee on Agriculture on the bill of the House to- prohibit aU persons

Tu~DAY, Si;P.TEMBER 29, 1891.

619

from hunting on the unenelosed l~nds; of others in the county of Mitchell without the written permission of the owner of such lands, arid for other purposes.
Proof of legal notice was submitted.
The committee reported in favor-of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 29, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to create a Board of Police Commissioners for the city of Augusta, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.

The Senate took up the report of the Committee on General Judiciary on the bill of the House to requirE:: the keepers and proprietors of hotels, boarding houses or other public houses on the sea-coast of Georgia, where the public may resort for surf-baJ,hing, to keep and maintain during the surf-bathing season, suitable life-boats or life-rafts, lifept<eservers and appliances for the use of bathers, etc,
The report was agreed to.
The bill was read the third time and passed, ayes 30 nays 0.

The Senate took up the report of the Committee on Corporatiom; on the bill of the House to incorporate the town of Cement, Ga., and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage with an amendment, which WM: adopted, and, the report was agreed to.

620

JouRNAL Ol<' THE SENATE.

The bill was read the third time and passed, as amended, ayes 25, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Southover Street Railroad Company, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Whitehall.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 25, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to provide a new charter for the town of Arlington, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of Rome so as to create a Levee Commission and provide for building a sewer.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

TUESDAY, SEPTEMBER 29, 1891.

621

The Senate took up the report of the Committee on Railroa~s on the bill of the House to incorporate the East and West Railway C0mpany, and for other purpos~s.
The repott was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.

The Senate took up the report of the Committee on the Penitentiary on the bill of the House to make it unlawful for white and colored convicts to be confined together, or work chained together, and to provide a penalty for violation of the :,;arne.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved October 22, 1887, relating to the registration of voters for the county of Morgan, and for other purposes.
Proof of legal notice was submitted.
Mr. Smith offered to amend the report of the committee by adding at the end of the first section the following :
Pr.ovided, That a failure to hold an election in any Militia District shall not deprive any registered voter of the privilege of voting, but he may cast his vote in the district where an election may be held nearest to that of his reeidence; And provided, further, That said failure to hold an election shall result alone froin want of a sufficient number of citizens, who can qualify as election managers, under laws now of force in this State.
The amendment was adopted.
The report, as amended, was agre~d to.
The bill was read the third time and passed, as amended, ayes 25, nays 0.
The Senate took up the report of the Committee on Cor-

6.22

J OURlUL oF THE SENATE.

porations on the bill of the House to establish a system of water-works for the town 'Of Bmma Vi13ta, and for other purposes.
Proof of legal notice was submitted.
The report was agre-ed to.
The bill was read the third time and passed, ayes 28, nays 0.

The Senate took up the repo-rt of the Committee on Railroads on the bill of the Hou&e to incorporate the Soque and Tallulah Railroad Company, to confer certain powers and privileges on said company, and for other purposes.
The committee reported in favor of its pas~age, with an amendment, whi-ch was adopted, and the report 'i\as agreed to.
The bill was read the third time and passed, as amended ayes 27, nays 0.

The Senate took up the report of the CommitteE- on Corporations on the bill of the House to authorize the Mayor and Aldermen of the town of Perry to issue bonds for $5,000 to build water-works, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.

-The Senate took up the report of the Committee on Corporat-ion on the bill of the H-ouse to in-corporate the city of Demorest, in Habersham county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 28 nays 0.

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

TUESDAY, SEPTEJicBER .29, 1891.

623

roads on the bill of the House to incorporate the Madison and Eatonton Dummy Line, etc.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.

The bill of the Senate to incorporate the Farmera' and Merchants' Bank was read the second time and recommitted.
The bill of the Senate to create an AdV'isory Board of Pardons, etc., was made the special order for Thursday, October 1, and fifty copies thereof were ordered to be printed for the use of the Senate.
The bill of the House to incorporate ~he Brunswick and Altamaha Canal Company was taken up for a third reading and laid on the table.
The following bills <1f' the House were read the 8econd time, and referred to a third reading, to-wit:

A bill to incorporate the Chalybeate Springs Railroad Company.

A bill to incorporate the Atlanta and Manchester railroad Company.

A bill to authorize the building and equipping of a Rail road from Covington, Newton count.y, to the Ocmulgee river, to be known as the Covington and Ocmulgee Railroad Company.

A bill to incor('orate the Boston and Albany Railroad Company.
A bill to incorporate the Tifton and Northeastern Railroad Company.
A bill to amend an act to incorporate the Waycross AirLine RahroaCI. Company.

A bill to authorize and empower the Governor. to cause to be paid to the widow or dependent children of deceased

624

JoURNAl. OF THE SENATE.

Confederate soldiers the pensions due to said soldiers, respectively, at the time of their death.
A bill to amend the charter of the Albany and Bainbridge Railroad Company, etc.
A bill to incorporate the Jesup and Waynesville Railroad Company.
A bill to incorporate the North Macon Street Railroad Company.
A bill to authorize the Governor and Trea'mrer to issue bonds and negotiate the same for the purpose of raising money to pay off an amount of the public debt maturing in the year 1892, and for other purposes.
A bill to amend an act to amend an act incorporating the Cartersville and Gainesville Air-Line Railroad Company.
A bill to amend an act to incorporate the Savannah Street and Rural Resort Railroad Company.
A bill to amend an act amending the charter of the city of West End, avproved November 1, 1889, etc.
A bill to incorporate the Transvale Railway Company.
A bill to incorporate the Wayne Southern Railroad Company.
A bill to incorporate the IJarrollton and Roanoke Railroad Company.
A bill to amend an act to create a sinking fund to pay off and retire bonds of this State as they mature, in accordwith article 7, section 14, paragraph 1 of the Constitution of 1877, by the leyy and collection of a tax therefor, and for other purposes.
Als(\, a bill to incorporate the Tobacco Belt and Florida Railroad Company, and for other purposes.

The bill of the Senate to provide for the honorable retirement from service of commissioned officers of the Geor-

TuESDAY, SEPTEMBER 29, 1891.

625

gia volunteers, and for other purposes, was read the second time and passed to a third reading.

Leave of absence was granted Mr. Johnston for to-morrow on important busine:;s.

The Senate took up the report of the Committee on Railroads on the bill of the House to require all railroad companies in this State to furnish equal accommodations on their trains for white and colored passengers.

The Committee on Railroads reported in favor of its

passage, by substitute, which was adopted and the report.

was agreed to.



The bill was read the third time and passed, as amended, by substitute, ayes 24, nays 0.

On motion of Mr. Johnson, this bill was ordered to be immediately transmitted to the House.

By resolution, the courtesies of the Senate were extended to Hon. J. D. Howard, of Milledgeville, Hon. Thos. E. Winn, Congressman from the 9th District, to Hon. H. C. Turner, of Henry county, and to Hons. Wm. Gilbert and Jesse W. Walters, of the county of Dougherty, during their stay in this city.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.
40

626

JoURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, September 30, 1891, 10 O'clock A.M.

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

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

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

Beard, Beck, Cabaniss, Candler, Culpepper, Culver. Eason, Ellington, Flint, Glenn, Golden, Harlan,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Lamb,

Todd,

Laue,

Vincent,

Lanier,

Walker,

McRae,

\Varren,

Mullis,

Williams,

Nunnally,

Witcher,

Patton,

Zachry,

Smith of 6th Dist., Mr. President.

The Journal was read and approved.

On motion of Mr. Nunnally, so much of the .Journal of yesterday was reconsidered as relates to the passage of the bill to incorporate the town of Whitehall.

The reconsidered bill was, on his motion, recommitted.

The followin~ message was received from the Houf:e through Mr. Hardin, the Clerk thereof:

Mr. Prc8idcnt:
The House has concurred in the Senate amendments to the following bills of the House, to-wit:
A bill to incorporate the town of Elko, in the county of Houston.

Also, a bill to incorporate the town of Dennard, in the county of Houston.

WEDNESDAY, SEPTEMBER 30, 1891.

627

Also, a bill to prohibit all persons from hunting on the uninclosed lands of others in the county of Mitchell.
Also, a bill to incorporate the Soque and Tallulah River Railroad Company.
Also, a bill to amend an act approved October 22, 1887, relating to the registration of voters in the county of Morgan.
Also, a bill to incorporate the town of Cement, in the county of Bartow.

Also, a bill t."o make additional appropriations for the fiscal years 1891 and 1892, and for other purposes.
Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your committee have had under consideration the fol. lowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the International Railway Employes' Accident Association.
Also, a bill to incorporate the Southern Industrial Aid Society.
Respectfully submitted. W. E. CANDLER, Chairman.
Mr. Terrell, Chairman of the Finance Committee, submitted the following report:
Mr. President : Your committee have had under consideration the fol-
lowing House bills, whi<lh they instruct me to report back, with the recommendati<m that the same do pass, tocwit :
A bill to be entitled and act to appropriate monev for renovating portraits of distinguished Georgians, and for placing the same in the hall of the House of Representatives.

628

JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to amend section 5 of an act approved December 30th, 1890, entitled an act to amend the laws of this State in reference to the inspection of illuminating oils, etc.
Also, the following House resolutions, wliich they instruct me to report back, with the recommendation thatthe same do riot pass, to-wit:
A resolution for the relief of 0. E. Carter.
Also, a resolution for the relief of Walton H. Booth. Respectfully submitted.
J. M. TERRELL, Chairman.

Mr. Zachry, Chairman of the Committee on General Agriculture, submitted the following report:

Mr. President:

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

A bill to be entitled an act to protect game in the county of Hancock.

Respectfully submitted.

C. T. ZACHRY, Chairman.

On motion of Mr. Irvine, the Senate refused to concur in the amendments of the House (by two substitutes) to thebill of the Senate to extend the term of the common schoolsto six months, and to establish a permanent school fund, etc.
On motion of Mr. Terrell, the Senate took up the report of the General Judiciary Comm..ia,ttee on the bill of theHouse to transfer the county of~ouglas from the Stone Mountain Judicial Circuit to the Tallapoosa Judicial Circuit, to change the time for holding Superior Cpurt in said county, and for other purposes.

The report of the committee wz.s amended, on motion of

WEDNESDAY, SEPTEMBER 30, 1891.

629

.Mr. Terrell, by striking the words ''first Monday in March and the fourth Monday in November" in section 2, and inserting "second Monday in February and the third Monday in November" in lieu thereof. Also,. by striking the words, "first Monday in March" in section 3, and inserting in lieu thereof, "second Monday in February."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended. cayes 28, nays 0.

On motion of Mr. Terrell, this bill was ordered to be immediately transmitted to the House.

The Senate took up and concurred in the amendments of :the House to the following Senate bills, to-wit:
A bill to amend the charter of the city of Bainbridge so as to author~ze the said city to remove nuisances, or other .things detrimental to the health and interests of said city.
And, a bill to amend the charter of the city of Bainbridge so as to empower the Mayor and Council thereof to -open, lay out and control a system of streets, and provide -compensation therefor.
On motion of Mr. Glenn, the bill of the Senate to provide the mode of granting charters, and amendments to charters, :already granted, or that may hereafter be granted, incorporating towns, villages and municipalities of less than two thousand inhabitants, and of schools, churches and -other societies in this State, and for other purposes, was .taken up under favorable report of Committee on Charters.

Mr. Terrell moved to amend by striking two thousand .and inserting five.)mndred.
The amendment was lost.
Mr. Hodges moved ~lo strike out "two thousand" and
insert "one thousand."
This amendment was also lost.
The report was agreed to.

630

JOURNAL OF THE SENATE.

Pending the question of passing the bill, it was, on motion of Mr. Glenn, laid on the table.
Mr. Johnson, Chairman of the Committee on Railroads, submitted the following report :
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to further carry into effect paragraph 1 of section 2 of article 4 of the Constitution of the State, and to prevent unjust discrimination on the part of any railroad operated within or partly within this State against any other railroad company within the State
Respectfully submitted. RICHARD JoHNSON, Chairman.

On motion of Mr. Johnson, the bill, set out by its title in the foregoing report, was taken up, read the second tim~ and passed to a third reading.
Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the follow~ ing Senate bill, which they instr11ct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A bill to amend section 4391 of the Code of 1882, and for other purposes.
A bill to amend section 792 of the Code of Georgia, and for other purposes.
Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do. not pass, to-wit:
A bill to authorize certain persons to carry concealed weapons, require hond and security, and for other purposes-

WEDNESDAY, SEPTEMBER 30, 1891.

631

Also, the following Senate bills, which they recommend do pass as amended, to-wit:

A bill to provide for filing, hearing and determining contested elections in this State, and for other purposes.

Also, a bill to require persons, companies and corporations operating, or that may hereafter operate any line of railroad in this State, to post notices of the time of their beginning to operate such line, and for other purposes.

Also, the following House bills, which they recommend

do not pass, to-wit :



A bill to amend part 4 of section 3854 of the Code of 1882.

Also, a bill to amend an act reqmrmg each and every miller and manufacturer of flour and meal, and every dealer selling said article, to print on said sack the number of pounds contained therein.

Also, the following House bill, which they recommend do pass, to-wit:

A bill to amend section 3869 of the Code, so as to provide for the more complete examination of certain witnesses, to preserve tbe right of impeachment, and for other purposes.

Respectfully submitted.

T. B. CABANISs, Chairman.

Mr. Ellington, Chairman Committee on Special Agriculture, submitted the following report :
Mr. President:
Your committee have had under consideration the following House bill, which they ii{strucL me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to prevent shooting of fish or fishing in_the waters of Upson county, except Flint river.
Respectfully submitted. C. H. ELLINGTON, Chairman.

632

JouRNAL oF rHE SENATE.

On motion of Mr. Irvine, the bill of the Senate to require the School Commissioners of Greene county to pay over to thP. Trustees of the Thomas Stocks Institute the pro rata of the public school fund to which the white children of said county are entitled, wa..'! read the second time and recommitted.

Mr. Beck, Chairman protem. Committee on Banks, submitted the following report:

Mr. President:

.

Your committee have had under consideration the, fol-

lowing House bill, which they instruct me to report back,

with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to regulate banks, and for other purposes.

Also, the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to incorporate the Farmers' and Merchants' Bank of Hartwell.
Respectfully submitted. M. W. BEcK, Chairman protem.

The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to provide for filing, hearing and determining contested elections.
A bill to amend section 4391 of the Code of 1882.
A bill to require persons, companies and corporations, in this State, operating, or that may hereafter operate, any line of railroads in this State, to post notices of the time of beginning to operate the same, etc,, and for other purposes; and
A bill to amend section 792 of the Code.

w Jo;DNESDAY, SEPTEMBER 30, 1891.

633

The following bills of the House were read the second time and passed to a third reading, to-wit :
A bill to provide a special road law for the county of Pulaski.
A bHl to appropriate money for renovating portraits of distinguished Georgians, and others; for placing the same in the hall of the House of Representatives.
A bill to protect game in the county of Hancock.
A bill for the better protection of ga]lle and game birds in th~ county of Schley, and for other purposes.
A bill to amend House Bill No. 244, the same being an .act amending an act to create a Board of Commissioners of Roadrs and Revenues for the county of DeKalb, approved Decem her 8, 1886.
A bill to amend section 3869 of the Code.
A bill to repeal an act to create a Board of Commissioners -of Roads and Revenues for the county of Wilkinson.
A bill to provide for the removal of obstruction from water courses, and the drainage of land in Jackson county.
A bill to prevent shooting of fish or fishing in the waters -of Upson county, except Flint river; and
A bill to regulate banks, and for other purposes.

The Senate took up the report of the Committee on Banks -on the bill of the Senate to incorporate the Farmers and Merchants' Bank of Hartwell.
The report was agreed to.
The bill was read the thir!l time and passed, ayes 29, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Atlanta . .a.nd Manchester Railroad Company, and for other purposes.
The committee reported in favor of its passage with

634

JOt;RNAL OF THE ~ENATE.

a.nendments, which were adopted, and the report was. agreed to.
The bill was read the third time and passed, ayes 28,. nays 0.

The bill of the Senate to provide for honorable retirement of Commissioned Officers of the Georgia Volunteers, and for other purposes, which was taken up for a third reading, was on motion of Mr. Cabiness, laid on.the table.

The Senate took up the report of the Committee on Railroads on the bill of the House to amend an act incorporating the Cartersville and Gainesville Air Line Rai'lroad Company, approved December 26, 1886, and for other pur- poses.
The report was agreed to.
The bill was read the third time, and passed, ayes 29, nays 0.

The Senate took up the report of the CommitteE> on Corporations on the bill of the House to incorporate the International Railway Employees' Accident Association.
The report was agreed to.
The bill was read the third time and passed, ayes 29,. nays 0.
On motion of Mr. Todd this bill was ordered to be immediately transmitted to the House.

Mr. Irvine, Chairman of Committee on Public Schools, submitted the following report:
Jfr. Prf',sident:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended,. to-wit:
A bill to be entitled an act to establish a public school system for the county of Houston.
Respectfully submitted. \V. T. IRVINE, Chairman..

WEDNESDAY, SEPTEMBER 30, 1891.

635

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Southern Industrial Aid Society.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

Leave of absence was granted Mr. Lane from Thursday . until Tuesday morning, and to Mr. Zachry.

The Senate took up the report of the Committee on Finance on the bill of the House to amend an act entitled an act to create a sinking fund to pay off and retire bonds of this State as they mature, in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877, by the levy and collection of a tax therefor, and for other purposes.

The report was agreed to.

The bill was read the third time and on the question of passing the sa~ne, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beck, Cabaniss, Culpepper, Culver, Eason, Eliington, Flint, ulenn, Golden, Harlan,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Johnson of 21st Dist., Tatum,

Lamb,

Terrell,

Lane,

Todd,

Lanier,

Vincent,

McRae,

Walker.

:Mullis,

Williams,

Nunnally,

Witcher,

Patton,

Zachry.

The member voting in the negative is Mr.-
Irvine.

There are ayes 30; there are nays 1.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Chalybeate Springs Railroad Company, to define its rights powers and privileges, and for other purposes.

636

JoURNAL OF THE SENATE.

The committee reported in favor of its passage with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on Finance on the bill of the House to authorize and empower the Governor to cause to be paid to the widows or dependent children of deceased Confederate soldiers the pensions due to said soldiers respectively, at the time of their death.
The report was agreed to.
The bill was read the third time, and passed, ayes ~9, nays 0.
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following Senate bills, to-wit:
An.act to amend the charter of the city of Bainbridge, granted on the 12th day of March, 1866. so as to empower the :Mayor and Council thereof to open, lay out and control a system of streets, and to provide compensation therefor, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.

The Senate took up the report of the Coml,llittee on Railroads on the bill of the House to incorporate the Wayne Southern Railway Company.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 25, nays 0.

WEDNESDAY, SEPTEMBER 30, 1891.

637

The Senate took up the report of the Committee on Public Schools on the bill of the House to establish a public school system for the county of Houston.
Proof of legal notice was submitted.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 25, r.ays 0.
The Senate took up the report of the Committee on Rail-
roads on the bilrof the House to 'incorporate the Tiftonand
Northeastern Railroad Company, and for other purposes.
The committee reported in favor of its passage as amended, the amendment was adopted aed the report was agreed to.
The bill was read the third time and passed, as amended, ayes 24, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Tobacco Belt and Florida Railroad Company.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 24, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Transvale Railway Company, and for other purposes.
Tho committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended ayes 27, nays 0.
The Senate took up the report of the Finance Committee on the bill of th6 Home to authorize the Governor and

638

,JoURNAL OF THE SENA'l'E.

Treasurer to issue bonds, and negotiate the same for the purpose of raising money with which to pay off an amount of the p'ublic debt maturing in the year 1892, and for other purposes.
The report was agreed to.
The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Cabaniss, Culpepper, Culver, Eason, Ellington, Glenn, Golden, Harlan, Hill,

Irvine,

Smith of 28th Dist.

Johnson of 21st Dist., Strickland,

Lamb,

Tatum,

Lane,

Terrell,

Lanier,

Todd,

McRae,

Vincent,

Mullis,

Walker.

Nunnally,

Williams,

Pat'on,

Witcher,

Smith of 6th Dist., Mr. President.

There are ayes 30; there are nays 0.

So the bill was passed by constitutional majority.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Savannah Street and Rural Resort Railroad Company, approved September 22, 1883, to change the name of said company, to increase its capital stock, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 25, nays 0.

The Senate took up the report of the Committee on Railroa-ds on the bill of the House to amend an act to incorate the Albany and Bainbridge Railroad Company, etc., approved October 24, 1887.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nay~ 0.

WEDNESDAY, SEPTEMBER 30, 1891.

639

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the North Macon Street Railroad Company.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the House to amend section five of ~n act approved December 30, 1890~ entitled an act to ~mend the laws of this State in reference to the inspection ()f illuminating oils, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to authorize the building and equipping of a railroad from Covington, Newton county, Georgia, to the Ocmulgee river, to be known as the Coving; on a~d 0Jmulgee Railroad Company, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 28, nays 0.

The Senate took up the report of the Committee on Railroad on the bill of the House to amend an act to incorporate the Waycross Air-Line Railroad Company, etc., approved October 24th, 1887, and amendatory act, approved September 25, 1889, etc.

The committee reported in favor of itB passage with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time, and passed, as amended,

ayes 24, nays 0.



640

JOUR:'iAI, OF THE SENATE.

The Senate took up the repor1 of the Committee on Rail-roads on the bill of the House to amend an act amendingthe charter of the city of West End, approved November1, 1889, etc., and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted, a.nd the report was agreed to.

The bill was read the third time and passed, as amended,. ayes 2!i, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Bosto~ and Albany Railroad Company, and for other purposes:
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amended,.. ayes 25, nays 0.

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

A bill to establish a City Court for DuPont.
A bill to provide for registration of voters at municipaL elections, in the city of Macon, etc.

A bill to amend an act to provide a system of working the public roads in the county of Bryan, etc.

A bill to prescribe for the appropriation of money arisingfrom the hire of convicts from Henry county, and for other purposes.
A bill to amend an act to prescribe the method of granting license to sell spirituous or intoxicating liquors, in the county of Effingham.
A bill to amend an act to alter and fix the pay of the County Treasurer of DeKalb county and, also, to fix the perdiem of the Sheriff of said county, for board of prisoners in

THURSDAY, OcTOBER 1, 1891.

641

the county jail, approved February 19, l876, so as to prohibit the said Treasurer from collecting or retaining a per centum on any money or moneys received or paid out that may be borrowed by said county.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clo<;k A.. M. to-morrow.

SENATE CHA~IB}<~~. ATJ,ANTA, GEORGIA,
Thursday, October 1, 1891, 10 O'clock A. M.

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

Prayer was offered by the Rev. John Jones, D. D., Chap-lain of the Renate.

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

B'ard, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, :Flint, Glenn, Golden, Harlan,

Hill,

Smith of 6th Dist.,.

Hodges,

Smith of 28th Dist., .

Irvine,

Strickland,

Johnson of 21st Di!!t., Tatum,

Johnston of 39th Di3t., Terrell,

Lamb,

Todd,

Lane,

Vincen~

Lanier,

Walker,

McRae,

Warren,

Mullis,

Williams,

Nunnally,

Witcher,

Patton,

Mr. President.

The Journal was read and approved.

On motion of Mr. Hodges, so much of the Journal of yesterday as relates to the action of the Senate on the bill of the Senate to provide the mode of granting charters and amendment~ to charters, granted or that may be granted, incorporating towns, villages and municipalities having less than 2,000 inhabitants, and of schools, churches and other societies in this State, and for o~her purposes, was recom;ide.red and, on his further motion, the reconsidered bill was
laid on the table.
41

642

JouRNAL OF .rHE SENATE.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the Eame do pass, as amended, to-w1t:
A bill to be entitled an act to incorporate the town of Whitehall.
Also, the following Ho1u~e bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A bill to be entitled an act to amend the charter of the city of Macon, and the several acts amendatory thereof, so far as to authorize the Mayor and Council of the city of Macon to issue bonds, etc.
Respectfully submitted.
,V. E. CANDLER, Chairman.

Under a suspension of the Rules, Mr. Smith, of the 6th District, introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to-wit:
A bill prescribing feeg for County Court Judges in this State.
The following communication was received from His Excellency, the Go verner, through Mr. Warren, his Secretary, to-wit:
Mr. President:
I am directed by the Governor to deliver to the Senate a communication in writing.
Mr. Terrell, Chairman of the F!nance Committee, submitted the following report:
Mr. President:
Your committee have had under consideration the follow ing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

THuRsDAY, OcTOBER 1, 1891.

643

~A bill to provide for the payment of one hundred dollars to Mrs. Elizabeth E. Branch, administratrix of Wm. H. Branch, an ex-Confederate soldier.

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

A resolution for the relief o'f Mrs. Mary Willis, widow of Barney Willis, deceased.

Also, a resolution to pay pension to widow of Richard W. Bell.

Also, a resolution for the relief of Mrs. Martha N. Humphries, widow of Ledford Humphries, deceased.

Also, a resolution for the relief of Mrs. S. G. Hightower, widow of John N. Hightower, deceased.

Also, a resolution for the relief of Julia McConneil.

Respectfully submitted.

J. M. TERRELJ,, Chairman.

_The following bills of the House were taken up, under adverse reports of the General Judiciary Committee, and lost, by agreement, with said reports, to-wit:

A bill to amend section 4662 of the Code.

Also, a bill to amend part 4 of section 3854 of the Code of 1882.

The bill of the Senate to authorize certain persons to carry concealed weapons, require bond, payment of a tax, and for other purposes, was taken up, under adverse report of the General Judiciary Committee.

Mr. Lane moved to disagree to said ad verse report.

The motion to disagree was lost.

The ad verse report was agreed to, and the bill was, there fore, lost.

On motion of Mr. Terrell, the Senate took up the report of the Committee on Finance on the bill of the House to amend an act to levy and collect a tax for the support of the State Government and the public institutions, for educati~nal purposes in instructing children in the elementary
\

644

JouRNAL oF THE SE::s-ATE.

. branches of an English education only, to pay interest of the public debt, and to pay maimed Confederate soldiers and widows of Confederate~ such amounts as are allowed by law for each of the ti;;:cal years 1891 and 1892, and for other purposes, approved Decem her 26, 1890.

Pending discussion of this bill the hour of 11 o'clock .\. M. arrived, and the special order for this hour was, on motion, displaced, to-wit:

A bill of the Senate to create an Advisory Board of Pardons, etc.

The consideration of the report of the Finance Committee was resumed, said report proposing to amend the bill and caption by striking the words "two hundred" wherever the same occurs, and inserting in lieu thereof the words" one hundred."

Mr. Todd moved to amend the proposed amendment of the committee by striking out the words" one hundred" and inserting the words "free of charge."

The amendment of Mr. Todd was lost.

The amendment proposed by the committee was then

submitted to the Senate, and on the question of adopting

the same Mr. Candler required the ayes and navs to be re-

corded.



Those who voted in the affirmative are Messrs.-

Beard, Beck, Cabaniss, Culpepper, Culver,

Glenn, Lamb, :Nunnally, Smith of 6th Dist., Terrell,

Vincent, Walker, Warren, Williams.

Those who voted in the negative are Messrs.- .

Callaway, Candler, :Eason, Ellington, Flint, Harlan, Hill,

Hodges,

Mullis,

Irvine,

Patton,

Johnson of 21st Dist., Smith of 28th Dist.,

Johnston of 39th Dist., Strickland,

J.ane,

Tatum,

Lanier,

Todd,

McRae,

Witcher.

There are ayes 14; there are nays 21.

So the amendment was lost.

THURSDAY, OcTOBER 1, 1891.

645

Mr. Hodges proposed to amend the bill as follows: "Provided, further, That said section shall not apply to counties or persons authorized by legislative enactment to sell or dispense liquor.;; for medicinal purposes only.

This amendment was not adopted.

Mr. Johnson, of the 39th District,~moved to amend by adding a new section to be known as section 2, to-wit:

Be it further enacted, That paragraph 21 of section 1 of above recited act be so amended as to read as follows :
Provided, The provisions of this section shall not apply to persons whose fixed place of business is in a county of this State and have paid the tax required by paragraph second of section one of this above act, so that when amended it shall rad: Upon all itinerant doctors, dentists, opticians or specialists of any kind doing business in this State, ten dollars for each county in which they may do business; Provided, The provisions of thiE section shall not apply to persons whose fixed place of business is in a county in this State, and have paid the tax required by paragraph second of this section.
This amendment was adopted.

Mr. Terrell moved to amend the caption of the bill as follows, to-wit:

Amend caption by adding, ''Also as to provide that paragraph 21 of said act shall not apply to persons who have a fixed place of business."

This amendment was adopted.

The report, as amended, was agreed to.

The bill was read the third time, and on the question of the passage of the bill, as amended, the ayes and nays were demanded by Mr. Cabaniss and recorded.

Those who voted in the affirmative are Messrs.-

Beck, Callaway. Candler, Culpepper, Eason, Ellington, Flint,

Harlan,

McRae,

Hill,

Mul!i~,

Irvine,

Patton,

Johnson of ~1st Dist., Smith of 28th Dist.,

.Tohnston of 39th Dist., Stricklanj,

Lane,

Tatum,

Lanier,

Witcher.

646

JOURNAL OF THE SENATE.

Those who voted in the negative are Messrs.-

Beard, Cabaniss, Culver, Glenn, Hodges,

Lamb, Nunnally, Smith of 6th Dist., Terrell, Todd,

Vincent, Walker, 'Varren, Williams.

There are ayes 21; there are nays 14.

Pending the amendment of the vote on the passage of the bill, as amended, Mr. Johnson, of the 21st district, moved to lay the bill on the table.

On this motion Mr. Warren demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beek, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Harlan,

Hill,

Mullis,

Hodges,

Nunnally,

Irvine,

Patton,

Johnson of 21st Dist., Smith of 28th Dist.,

Johnston of 39th Dist., Strickland,

Lane,

Tatum,

J..anier,

Witcher.

McRae,

Those who voted in the negative are Mecsrs.-

Beard, Cabaniss, Flint, Glenn,

Lamb, Smith of 6th Dist., Terrell, Todd,

Vincent, Walker, Warren, Williams.

There are ayes 23; there are nays 12.

So the motion to lay on the table prevailed.

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

Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act requiring the County School Commissioners of Greene county to pay over to the trustees of the Thomas Stocks Institute, a school located in the

THuRsDAY, OcTOBER 1, 1891.

647

Greensboro Town sub-district, G. M., of said county, all the public school fund of this State to which the white children are entitled.

Also, a bill to be entitled an act to amend section 12 of the common school law, and ~or other purposes.

Also, the following Senate bill, which they instruct me to

report hack, with the recommendation that the same do not pass, to-wit:

A hill to he entitled an act to establish and maintain a uniform series of text-books to be used in all the public

schools of this State, and for other purposes.

Respectfully submitted.

W. T. IRVINE, Chairman.

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

Mr. President
Your committee have had under consideration the following House hill, which they instruct me to report hack, with the recommendation that the same do pass, to-wit:
A hill to amend section 1103(j) of the Code of 1882, so as to fix the number of Aids-de-Camp, and for other purposes.
Respectfully submitted. P. W. WILLIAMS, Chairman.

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

Mr. President:

Your Committee on Enrollment report, as properly en-

rolled, and signed by the Speaker and Clerk of the House,

and ready for the signatures of the President and Secretary

of the Senate, the following House hills, to-wit:

An act to establish a public school system in the town of

Richland, etc.

Also, an act to establish a system of water-works for the

town of Richland, etc.

Also, au act to incorporate the town of Omaha.

Respectfully submitted.

R. M. W. GLENN,

Chairman Committee on Enrollment.

648

JOURNAL OF THE SENATE.

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

Mr. President:
Your committee report as properly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit :
An act to authorize the Mayor and Council of Carrollton, Georgia, to hold an election on the question of issuing and selling bonds. not exceeding $25,000 in the aggregate, for the purpose of providing or building a system of waterworks for said town, and to authorize said Mayor and Council to levy and collect a tax on all the taxable property within said town, etc.

Also, an act to amend the charter of the city of LaGrange.

Also, an act to Jmend an act to repeal an act to incorporate the town of Forestville, in the county of Floyd, etc.

Also, an act to change the north line of the corporation of Waresboro, so as to exclude certain residences and lands from the corporate limits.

Also, an act to permit Commissioners of qommons of Columbus to donate certain lands.

Also, an act to change the time of holding the Baldwin Superior Court, etc.

Also, an act to amend an act to incorporate the town of

Alapaha, in the county of Berrien, approved September 29,

1891.

.

Also, an act to incorporate the Washington and Middleton Railroad Company, and to grant certain powers and privileges, etc.

Also, an act to amend .the charter of the Indian Springs Railroad Company.

Also, an act to amend the charter of Morganton.

Also, an act to amend the charter of Rome, Georgia, creating the office of Recorder, and defining his powers and duties.
Also, an act to amend ~he liquor laws of Wayne. county.

THURSDAY, OcTOBER 1, 1891.

649

Also, an act to prohibit seining in any waters, lakes, ponds, or other running streams of the county of Worth, etc..
Also, an act to prevent the killing of deer, wild turkeys and quail, in the county of Worth, etc.
Also, all act to incorporate the town of Hixon, in the county of Paulding, and to provide for the election of a Mayor and Council, Marshal and Clerk, and to define their powers anll duties, etc.
Also, an act to authorize and require the judge of the County Court of Wilkes county to purchase such volumes of the Georgia Supreme Court Reports as are missing, between volumes 1 and 85, as are necessary to make a complete set of said reports for the clerk's office of said county.
Also, an act to provide for the paying of the County Commissioners of Lowndes county.
Also, an act to fix the official bond of the Receiver of Tax Returns of Fulton county at ten thousand dollars, and for other purposes.
Also, an act to amend to an act to incorporate the town of Trenton and to empower the Commissioners to work any persons violating its ordinances upun the streets, and for other purposes.
Also, an act to incorporate the town of Rocky Mount, in Meriwether county, and for other purposes.
Also, an act to create the office of Solicitor-General for the countj of Wilcox and provide for the appointment of the same, etc.
Also, an act to abolish the County Commissioners of Bryan county.
Also, an act to amend section 23 of an act approved December 26, 1888, so far as relates to the publication of the proceedings of the Mayor and Board of Aldermen of the town of Jesup, Georgia.
Also, an act to change the terms of Morgan Superior Court.
Also, an act to amend an act creating the office of County Solicitor for the county of Wayne.

650

JOURNAL OF THE SENATE.

Also, an act to amend an act to incorporate the town of Wadley, in the county of Jefferson, etc.

Also, an act to amend the charter of the town of Blue Ridge, approved October 24, 1887, etc.

Also, an act to prohibit the making or laying out of roads,

streets or alleys, or other passage-ways through any of the

cemeteries within the limits of Bibb county, without first

obtaining the consent of the proper authorities in charge of

Such cemetery, etc.

'

Also, an act to prevent persons bathing in the Ocmulgee river, within a certain distance of the Riverside Cemetery and to provide a penalty therefor, etc.

Also, an act to amend an act approved December 29, 1890, entitled an act to change the time of holding the Superior Court of Burke county, etc.

Also, an act to amend section 2 of an act to incorporate the town of Clarkesville, in the county of Habersham, to define the corporate limits thereof, to confer on the Mayor and Council thereof certain powers, privileges and duties, and to repeal all existing charters or acts conferring corporate powers.

Also, an act to amend an act to incorporate the town of' Trion, in the county of Chattooga, and for other purposes, approved February 20, 1869, so as to include within the corporate limits of said town all the lands now owned by the Trion Manufacturing Company, and also those owned by Mrs. M. A. Allgood, that come within prescribed limits.

Also, an act to extend the corporate limits of the town of McRae, in the county of Telfair.

Also, an act to amend an act entitled an act to establish a system of public schools for the city of Fort Valley, etc.

Also, an act incorporating the town of Willacoochee, in the county of Coffee, State of Georgia.
Ah;o, an act to authorize the council of the town of Rockmart, to levy and collect an ad valorem tax o.n all real and personal property within the corporate limits of said town, and to authorize said council to open streets and alleys and close the same in said town.

THuRsDAY, OcTOBER 1, 1891.

651

Also, an act to authorize the Commissioners of Roads and Revenues in the county of Newton to establish a Dispensary where pure liquors can be obtain~d for medicinal, scientific, mechanical and sacramental purposes whenever the citizens of said county shall, by a majority vote, prohibit the sale of spirituous and malt liquors in accordance with the general local option law.
Also, an act to authorize the town of Dublin, Laurens county, to grant the use of Marion street in said town to the Wrightsville and Tennille Railroad Company, etc.
Also, an act to incorporate the Bank of Statesboro, etc.
Also, an act to legalize all official business transacted by the Justice of the Peace and Notary Public in Emerson District 1425, G. M., Bartow county, etc.
Also, an act to incorporate the city of Manchester, etc.
Also, an act to amend the charter of the town of Dallas, Ga., so as to embrace the cemetery, etc.
Also, and act to amend an act to incorporate the town of Geneva.
Also, an act to incorporate the town of Mt. Vernon, etc.
Also, an act to amend acts incorporating the city of Madison, Ga., etc.
Also, an act to repeal an act to provide for the registration of the qualified voters of Campbell county, etc.
Also, a bill to incorporate the town of Hahira, Lownues county, etc.
Also, a bill authorizing the Commissioners of Roads and Revenues of Early county to issue bonds to build a new jail for said county.
And also, the following House resolutions, ~o-wit:
A resolution to furnish Colquitt, Worth and McDuffie counties with standard weights and measures, and appropriate money therefor.
Also, a resolution for the relief of W. C. Wright.
Respectfully submitted. R. M. W. GLENN, Chairman.

652

JouRNAL oF THE SEN-ATE.

Mr. Cabaniss, Chairman of the Committee on General .Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend an act approved November 11, 1889, to allow guardians to sell the property of their wards for reinvestment, to provide the mode of obtaining leave therefor, to regulate the proceedings therein, and for other purposes.
Also,_ a bill to incorporate the Grand Lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia.
Also, a bill to exempt the pensions of Confederate soldiers, and widows of Confederate soldiers, from garnishment and all other legal process.
Also, a bill to amend an act approved October 29, 1889, providing for the time and mode of perfecting service by publication by striking therefrom certain words.
Al8o, a bill to amend section 2626 of the Code which prescribes the manner in which shares in a bank or other corporation may be levied on and sold.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to make the Sheriffs and their deputies of the several counties of this State wherein County Courts have been established, or where such courts may be hereafter established, ex officio ministerial officers of said courts.
Also, a bill.to require the Judges of the Superior Courts of the State to give in charge to the Grand Juries certain sections of the Code of 1882, and all other statutes of the State, relating to violations of the Sabbath day, and for other purposes.
Respe,ctfully submitted. T. B. CABANiss, Chairman.

THURSDAY, OcTOBER 1, 1891.

653

Mr. Callaway, Chairman pro tem. of the Committee on Banks, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the Home Bank of Atlanta.
Also, a bill to incorporate tbe Bank of Tifton, etc.
Also, a bill to incorporate the Empire State Bank.
Also, a bill to change the name of the State Savings Association, to reduce the capital stock thereof, etc.
Also, a bill to incorporate the Americus Savings Bank, etc.
Also, a bill to incorporate the Planters' Bank of Americus, etc.
Also, a bill to amend section 5 and 8 of an act to incorporate the South Georgia Bank of Waycross, and for other purposes.
Also, a bill to amend the charter of the Merchants' and Farmers' Bank of Hogansville, and to further define its powers.
Also, the following House bills, which I am instructed to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Clegg Banking and Savings Company, and for other purposes.
Also, a bill to incorporate the Bank of Commerce, and to define its powers and privileges.
Respectfully submitted. E. H. C.uJ,AWAY, Chairman protem.
Under a suspension of the Rules, Mr. Johnson of the 21st District, introduced the following bill, which was read the first time and referred to the Committee on Military Affairs, to-wit:
A bill to amend section 1103(i) of the Code of 1882.
Leave of absence was granted Mr. McRae for a few days,

654

JoURNAL OF TltE SENATE.

after to-day, on important business, and to Mr. Culver, for Saturday and Monday next.
Mr. Walker introduced a resolution to dispense with reading the Journal of the Senate, which was laid over for a day under the Rules.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend section 1103( j ) of the Code of 1882.
A bill to exempt thfl pensions of Confederate soldiers, and widows of Confederate soldiers, from garnishment and all legal process.
A bill to amend the charter of the city of Macon and amending, acts so as to authorize the N:ayor and Council to issue bonds, etc.

A bill to amend an act approved October 29, 1889, providing for the time and mode of perfecting service by publication, by striking therefrom certain words.
A hill to amend section 2626 of the Code.
A bill to amend an act approved November 11, 1889, to allow guardians to sell the property of their wards for reinvestment, to provide the mode of obtaining leave therefor, to regulate the proceedings therein, and for other purposes.
Also, a bill to amend section 12 of the Common School Law, and for other purposes.
The hour of adjournment arrived, and the President derlared the Senate adjourned until 10 o'clock A. M., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, October 2, 1891, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate.

FRIDAY, OcTOBER 2, 1891.

655

On the call of the roll, the following Senators answered

to their names :

Beck, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Ulenn, Gold<>n,

Harlan,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 2l~t Dist., Terrell,

Johnston of 30th Dist., Todd,

Lamb,

Vincent,

Lanier,

Walker,

MuiJis,

Warren,

Nunnally,

Williams,

Patton,

Witcher,

1\Ir. President.

The .Tournal was read and approved.

Mr. Johnson, Chairman Committee on Railroad!<, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to repeal an act entitled an act to authorize the running of freight trains over the Georgia Railroad on bundays in certain cai"es therein specified, approved February 25, 1876.

Also, the following House bills, with the recommendation that the same do pass, as amended, to-wit:

A bill to incorporate the Quitman Street Railway Company, etc.

Also, a bill to require common carriers to trace freight, etc.

Also, the following Honse resolution, with the recommendation that the same do pass, to-wit:
A resolution requiring the Senators and Representatives from Georgia, in the Congress of the United States, to favor legislation strengthening the control and legislation by the Interstate Railroad Commission of through freight and passenger rates, etc.
Respectfully submitted. RICHARD JoHNsoN, Chairman.

656

JOURNAL OF THE SENATE.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House insistR on its substitutes to the following Senate bill, and asks for a committee of conference, to-wit:
A bill to extend the term of the common schools to six months, and for other purposes.
I
The House has passed the following House bills by the requisite majority, to-wit:
A bill to authorize county authorities to hire out misdemeanor convicts, snd to provide for the distribution of the funds.
Also, a bill to amend the seyeral laws incorporating the city of Milledgeville.
Also, to locate the office of Tax-Collector of Laurens county.
The House has adopted the following resolutions, in which it asks the concurrence of the Senate, to-wit:
A resolution for the relief J. L. Cruse, of the county of Forsyth.
The following message from the Governor was read and referred to the Committee on Public Property:

ExEct:TIVE DEPARTMENT,
Atlanta, Ga., October 1, 1891.
To the Ge11eral Assembly :
I desire to call your attention to the unsatisfactory condition of certain property belonging to the State, situated in the city of Chattanooga, Tennessee, and, also, to the further fact that, fmm the lapse of time, the growth and enlargement of the city of Chattanooga, the opening of new street11, etc., it is probable that encroachments have been made upon lands owned by the State which, in the course of time, might render more precarious the ability of the State to reoccupy the ground, or enforce her right for damages on account of such encroachment.

FRIDAY, OcTOBER 2, 1891.

657

Some time since my attention was <;)alled to the fact that

certain lands of the State had been taken for use as streets,

without any compen:>ation having been paid, and, acting

under the authority of existing law, I employed counsel in

that State to enforce the right of the State to be paid for

the same. These matters are now receiving proper atten-

tion, and it is believed that proper settlements will be had

-during this year.

I am now informed that there are other matters of a sim-

ilar nature which should be enquired of, amol).g them that

the State has a title, and, if not an absolute title an ease-

ment, in one of the streets, which was granted by the Legis-

lature of Tennessee, and on which the Western and Atlantic

Railroad originally had its track, leading directly to the

river, and from which its track was removed many years

ago by the city, and that this title, or easement, is now very

valuable, and is only hazarded by the lapse of time; also,

that without the limits of the city of Chattanooga, are one

or more parcels of land on which persons have located, and

which they now claim to own.

To ascertain all the facts in reference to this property, and

whether there be other claims not now known, it will be

necessary, in my opinion, to procure the services of some

competent person residing in the State of Tennessee, to in-

vestigate and report, not only the present condition and

occupancy of each separate piece of property owned" by the

State in Tennessee, but to ascertain and furnish proof of the

facts, where they exist, necessary to rec:wer for the State,

either the property or compensation for the use, where the

property itself cannot be recovered, as well as the authority

to institute all necessary proceedings. I would,.therefore,

recommend that authority be given to have a full examina-

tion and report made, touching all these matters and claims,

by some proper and competent person familiar with the

locality, with a view of enforcing the rightful claims of the

State, in each instance, and. that the proper compensation

for such services be provided by the General Assembly.

(Signed)

W. J. NoRTHEN.

The message of the House asking a Committee of Con-
ference on the disagreement of the two Houses on the bill 42

658

JOURNAL OF THE SENATE.

of the Senate, "to extend the school term to Hix months," etc., and for other purposes, was taken up, the request for a Committee of Conference was granted, and the following were announced as the committee appointed by the President on the part of the Senate, to-wit: Messrs. Inine, Terrell and Flint.
Leave of absence was granter! Mr. Bennett indefinitely, on account of the extreme illness of members of his family. Also, to Messrs. Nunnally and Witcher after to-day until :Monday afternoon.
Mr. Williams, Chairman Committee on )lilitary Affairs, submitted the following report:
Mr. President: Your committee 'have had under consideration the fol-
lowing Senate bill, which they instruct me to report ba<k, with the recommendation that the same do pass, to-wit:
A bill to amend section 1103(i) of the Code of Georgia of 1882.
Respectfully submitted. P. \V. \YILJ.u.m;, Chairman.
On motion of Mr. \Valker, the resolution to dispense with reading the .Journal of the Senate, offered by him yesterday, w~s taken up and agreed to.
Lea\e of absence was granted .Mr. Flint for Monday and Tuesday n"!xt; and to Mr. Candler, after to-day for a ft>w days, on important business.
Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. President : Your committee have had under consideration the ful-
lowing House bill, which they instruct me to report baek, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to incorporate the town of Piedmont in the county of Pike, to appoint Commissioners for the same, etc.
Respectfully submitted. \V. E. CANDLER, Chairman.

FRIDAY, OcTOBER 2, 1891.

659

1\'Ir. Callaway, Chairmr.n of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your committee haYe had under ~onsidera.tion the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to proYide for the remoYal of obstructions from water courses, and the drainage of land in Jackson county and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act to alter and fix the pay of the County Treasurer of DeKalb county, and also to fix the per diem that shall be allowed the sheriff of said county for board of prisoners in the county jail, appro\ed February 19, 1876, so as to prohibit the said Treasurer from collecting or retaining a per centum on any money or moneys received or paid out that may be borrowed by said county.
Also, the following House bill, with the recommendation that the same do pass as amended, to-wit:
A bill to be entitled an act to amend an act entitled an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Effingham.
Also, the following House bill, with the recommendation that the same do not pass, to-wit:
A bill to establish a city court for Dupont.
Respectfully submitted. E. H. CALJ,AWAY, Chairman.
On motion of 1\Ir. Callaway, the reading of Senate and House bills the first, second and third time was made the order of business.
The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to amend the several laws incorporating thP city of Milledgeville, and for oth.er purposes.
Referred to the Committee on Temperance.
A bill to authorize county authorities to hire out m1s-

660

JouRXAL OJ<' THE SENATE.

demeanor convicts, and provide for distribution of moneys arising therefrom.
Referred to the Committee on Finance.
Also, a resolution for the relief of .J. L. Cruse, of Forsyth county, and for other purposes.
Referred to the Committee on Finance.
The bill of the Senate to amend section 1103(i) of the Code of 1882 was read the second time and passed to a third reading.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. p,e.sident:
The House has passed by the ~equisite majority the following bill, to-wit:
A bill to enlarge the powers of the Railroad Commission, and for other purposes.
The following bills of the House were read the second time, and passed to a third reading, to-wit:
A bill to require common carriers to trace freight, and for other purposes.
A bill to incorporate the Quitman Street Railway Company, and for other purposes.
AlRo, a resolution requesting the Senators and Representatives of Georgia, in CongresR of the United States, to favor legislation strengthening the control and legislation by the Interstate Railroad Commission of through freight and passenger rates, and for other purposes.
The following bills of the House were, on motion of 1\Ir. Callaway, transferred from the Special Judiciary to the General .Judiciary Committee, to-wit:
A bill to provide a special road law for the county of Pulaski.
A bill to protect game in the State of Georgia during certain seasons of the year, and for other purposes.
A bill to provide a system for working public roads in the county of Bryan, and for other purposes.
Also, a bill to make it the duty of each County Surveyor in this State to came the corners of the lots of land which

FRIDAY, OcTOBER ~. 1891.

661

they locate to be marked with stone or iron blocks of suitable size at the time of survey, and for other purposes.
'],'he Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Empire State Bank.
The report was agreed to.
The bill was rtad the third time, and passed by constitutional majority, ayes 26, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Bank of Tifton, to confer certain powers thereon, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 28, nays 0.
The Senate took up the report of the Gen:;ral .Judiciary Committee on the bill of the Senate to amend section 792 of the Code of Georgia.
The report was agreed to. The bill was read the third time and passed, ayes _28, nays 0.
Mr. Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:
.Wr. President: Your committee have had under consideration the fol-
lowing Houie bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit:
A -bill to be entitled an act for the better protection of game and game birds within the county of Schley, to prevent the hunting, killing, trapping, snaring, or otherwise destroying them, during certain seasons of the year, to prohibit the buying or selling or offering for sale the same, dead or alive, during such seasons of the year, to provide a method of procedure, to prescribe penalties for violations thereof, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

662

JoURNAI, OF THE SENATE.

On motion of Mr. Glenn, the bill of the Senate (reconsidered yesterday), to provide the mode of granting charters and amendments to charters already granted, or that may hereafter be granted, incorporating towns, villages and municipalities of lesR than 2,000 inhabitant~, and of schools, churches, and other societies ii1 thiR State, and for other purposes, was taken from the table and put upon its passagn under favorable report of .Joint Committee on Charters.

l\Ir. Hodges proposed to amend the bill by inserting nine hundred in lieu of two thousand.

This amendment was lost.

The report of the committee was agreed to.

The bill was read the third time and on'the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Boyd, Callaway, Culpepper, Eason, Ellington, Flint, Glenn, Golden,

Harlan,

Smith of 6th Dist.,

Hill,

Smith of ~8th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 2lst Dist., Todd,

Johnston of 39th Dist.,Yincent,

Lamb,

walker,

Lanier,

Williams,

l\fullis,

Witcher.

Nunnally,

.. Those who voted in the negative are Messrs.-

Cabaniss, Candler,

Culver, Terrell,

Warren.

There are ayes 29 ; there are nays 5.

So the bill was passed by a constitutional majority, and on motion of l\Ir. Glenn was ordered to be immediately transmittei to the House of Representatives.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 4391 of the Code of Georgia, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.

FRrDAY, OCTOBER 2, 1891.

663

On motion of Mr. Johnson of the 21st District, the bill of the House to fmther carry into effect paragraph 1 of section 2 of article 4 of the Constitution of the State, and to prevent unjust discrimination on the part of any railroad operated within or partly within this State against any other railroad company within this State, was taken up and recommitted.
Mr Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recom~endation that the same do pass, as amended, to-wit:
A bill to amend an act assented to May 11th, 1803, and all acts amendatory thereof, so as to change and alter the southern and westenl. boundary of the city of Milledgeville, and for other purposes.
Respectfully submitted. W. E. CANDLER, Chairman.
Mr. Callaway, Chairman pro te~. Committee on Banks, submitted the following report:
Mr. President: Your committee have had under consideration the fol-
lowing House bills, which they instruct me to report back, with the recommendation that the same do paso, as amended, to-wit:
A bill to be entitled an act to incorporate the Mercantile Bank, and for other purposes.
Also, a bill to be entitled an act to incorporate the National Guaranty Company.
Also, the following Senate bill, with the recommendation that the same do pass by substitute, to-wit:
A bill to incorporate the Atlanta Trust and Guaranty Company, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman pro tem. .

664

JOURNAL OJ<' THE l::JENATE.

The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of Mrs. S. G. Hightower, widow of John N. Hightower, deceased.
The report was agreed to.
The resolution was read the third time, and on the ques. tion of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Cuher, Eason, "Ellington, Flint,

Glenn,

Nunnally,

Golden,

Patton,

Harlan,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lanier,

Williams,

Mullis,

Witcher.

There are ayes 33; there are nays 0.

So the resolution was concurred in by a constitutional majority.

The Senate took up the report of the Finance Committee on the resolution of the House for the relief of Mrs. Mary Willis, widow of Barney Willis, deceased.

The report was agreed to.

The resolution was read the third time, and on the question of concurring in the same, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, :J<:Iint,

Glenn,

Patton,

Harlan,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lanier,

Williams,

~ullis,

Witcher.

Nunnally,

FRIDAY, OcTOBER 2, 1891.

665

The member voting in the negative is Mr.-
Stricklanct.
There are ayes 32; there are nays 1.

The report was agreed to.

So the resolution was concurred in by constitutional majority.

The Senate took up the report of the Committee on Finance on the bill of the House to provide for the payment of one hundred dollars to Mrs. Elizabeth E. Branch, administrator of Wm. H. Branch, an ex-Confederate soldier.

The report was agreed to.

The bill \Vas read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint,

Glenn,

Patton,

Golden,

Smith of 6th Dist.,

Hill,

Smith of :!8th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lanier,

'Valker,

l\Iullis,

Williams,

Nunnally,

Witcher.

There are ayes 33; there are nays 0.

So the bill was passed by a constitutional majority.

The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of Mrs. Martha M. Humphries, widow of Leadford Humphries, deceased.

The report was agreed to.

Tht: resolution was read the first time, and on the question of concurring in the same the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Cabaniss,

Hill. Hodges,

Smith of 28th Dist., Strickland,

666

JOURNAL OF THE SENATE.

Callaway, Candler, Culpepper, Culver, Eason, Flint, Glenn, Harlan,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Jolmstonof 39th Dist., Todd,

Lamb,

Vincent,

Lanier,

Walker,

Mullis,

Williams,

Nunnally,

Witcher.

Smith of 6th Dist.,

There are ayes 29 ; there are nays 0.

So the bill was passed by a constitutional majority.

On motion of Mr. TerrelL it was ordered that when the Senate adjourns it will adjourn until 3 o'clock P. l\L this day.

The Senate took up the report o~ the Committee on Public Schools on the bill of the House to amend section 12 of the common fchoollaw, and for other purposes.

The committee reported in favor of its passage with certain amendments.

On motion of Mr. williams, the report of the committee was amended by adding after the words "county site" the words "or such other place as may be selected by the County SchooliJommissioner."

The report of the committee was agreed to as amended.

The bill was read the third time and passed, as amended, by a constitutional majority, there being ayes 25, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to regulate banks, and for other purposes.

The report of the committee was amended, on motion of Mr. Beck, by striking from section 1 the proviso, which reads as follow~: " l>rovided this section shall not apply to banks which receiYe no deposits."

The report, as amended, was agreed to.

The bill was read the third time, and passed, as amended, ayes 27, nays 0.

The bill of the Senate to create an Advisory Board of Pardons, etc., was taken up for a third reading and, on motion, referred to the Committee on the Penitentiary.

FRIDAY, OcTOBER :l, 1891.

667

The bill of the House to protect game in the county of Hancock was, on motion of :Mr. Culver, taken up and referred to the Committee on the Special Judiciary.
The bill of the House to alter and amend the General Pilotage Laws of this State was taken up and recommitted to ihe General Judiciary Committee.
The following privileged resolution, offered by l\Ir. Todd, was taken up, read and unanimously agreed to, to-wit:
'"HEREAs, Senator Henry A. Bennett. of the 3d District, is detained at home by the extreme illness of both his father and mother; and,
WHEREAs, in <tll probability, neither of this aged pair will recover; therefore be it
Resohed, That we extend our heartfelt sympathies to SenatCir Bennett in this hour of his sad affliction.
Resolvedfurther, That he be granted an indefinite leave of absence, and that a c0py of these resolutions be sent to him by the Secretary of the Senate.
At the hour of 1 o'clock P. M., the Senate adjourned until 3 o'clock P. l\1.

SENATE CHAMRER, 3 O'clock P.M.
The Senate met pursuant to adjournment, the President in the chair.
On motion of Mr. Johnson, the call of the roll was dispensed with.
The bill of the House to enlarge the powers of the Railroad Commission, and for other purposes, was read the first time and referred to the Committee on Railrbads.
The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend an act assented to May 11, 1803, and all amendatory acts, so as to change and alter the southern and western boundary of the city of Milledgeville, etc.
A bill to incorporate the town of Piedmont, in the county of Pike, and for other purposes.

668

JOURNAL OF THE SENATE.

On motion of Mr. Strickland, the Senate took a recess subject to the call of the President.
Mr. Callaway, Chairman pro tem. Committee on Banks, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to incorporate the Bank of Rockdale, in the city of Conyers, and for other purposes connected therewith.
Also, the following House bill, with the recommendation that the same do pass, as amended, to-wit :
A bill to be entitled an act to incorporate the Shiff Banking Company, and for other purposes,
Respectfully submitted. E. A. CALLAWAY, Chairman protem.

After a brief recess, the President called the Senate to order.
The Senate took up the report of the Committee on Special Judiciary on the bill of the Honse to provide for the removal of obstructions from water courses and the drainage of land in Jackson county, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.

The Senate took up the report of the Committee on General Judiciary on the bill of the House to amend an act approved November 11, 1889, to allow guardians to sell the property of their wards for reinvestment and to provide the mode of obtaining leave therefor and to regulate the proceedings therein, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 24, nays 0.

FRIDAY, OcTOBER 2, 1891.

669

Leave of absence was granted Mr. Glenn for this afternoon.

On motion of Mr. Cabaniss, the call of the roll was ordered to ascertain whether a quorum was present.

The following call being made, the result is as follows :

Boyd, Cabaniss, Callaway, Candler, Eason, Ellington, Flint, Golden, Harlan,

Hill,

Smith of 6th Dist..

Hodges,

Smith of 28th Dist.,

Irvine,

Strickland,

Johnson of 21st Dist., Tatum,

Johnston of 39th Dist., Terrell,

Lamb,

Todd,

Lanier,

Vincent,

Mullis,

Warren,

Patton,

Williams,

Mr. President.

On the call of the roll a quorum having answered, the Renate proceeded to business.

The Senate took up the report of the Committee on Banks on the bill of the Senate to incorporate the Atlanta Trust and Guaranty Company, and for other purposes.
The committee reported in fwor of its passage by substitute, which was adopted.
The repor, was agreed to.
The bill was read the third time and passed, as amended, by substitute, ayes 25, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to prevent shooting of fish or fishing in the waters of Upson county, except in Flint river.
Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 25, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Bank of Commerce, and to define its powers and privileges.

The committee reported in favor of its passage with an

670

JOURNAL OF THE SENATE.

amendment which was adopted, and the report was agreed ,to.
The bill was read the third time, and passed, as amended, ayes 25, nays 0.

The Senate took up the report of the Committee on Finance on the bill of the House to appropriate money for renovating portraits of distinguished Georgians and others, and for placing the same in the Hall of the House of Representatives.
Mr. Walker proposed to amend the report by including the picture of Governor John l\Iilledge.
On motion of ::\Ir. Terrell, the bill was laid on the table

The Senate took up the report of the Finance Committee on the resolution of the Home for the relief of .Julia McConnell.
The report was agreed to:

The resolution was read the third time, and on the question of concurring in the same, the ayes and nays were recorded.

Tho!'!e who voted in the affirmatiYe are Messrs.-

Boyd, Cabaniss, Callaway. Candler, Eason, Ellington, Flint, Harlan, Hill,

Hodge~;,

Smith of 28th Dist.,

Irdne,

Strickland,

Johnson of 21st Dist., Tatum,

Johnston of 3!lth Dist., Terrell,

Lamb,

Todd,

Lanier,

Yincent,

"Mullis,

Williams,

Patton,

Witcher.

Smith of nth Dist.,

The one voting in the negative is Mr.-

Walker.
There are ayes 27; there are nays 1.

So the resolution was concurred in by constitutional majority.

Mr. In-ine, Chairman pro tem. of the Committee on Enrollment. submitted the following report:

FRIDAY, OcTOBER 2, 1891.

671

J1r. President :
Your Committee on Enrollment report as properly enrolled, and signed by the Speaker an,d Clerk of the Hous~, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:
An act. to establish a system of water-works in the town of Buena Vista, etc.
An act to require the keepers and proprietors of hotels, boarding houses, or public houses on the sea-coast of Georgia where the public may resort for purposes of surf-bathing, to keep and maintain during the surf-bathing season, suitable life-boats or life-rafts, life-pre8ervers and appliance!' for use in case of emergencies to bathers, to provide penalties for violation thereof, etc.
Also, an act to incorporate the International Railway Employees' Accident Association.
Also, an act to authorize the Mayor and Council of Lithonia to issue bonds, etc.
Also, an act to amend the charter of the town of Buford, in Gwinnett county, Georgia.
Also, an act to incorporate the East and 'Vest Railway Company, etc.
Also, an act to amend an act to .create a Board of Police Commissioners for the city of Augusta, etc.
Also, an act to pro,ide a new charter incorporating the town of Arlington, in the counties of Calhoun and Early, and to repeal ihe present charter, and to grant certain powers and privileges to said town, etc.
Also, an act to fix place for Sheriff's sale for Richmond county.
Also, an act to amend the charter of Rome, so as to create a Levee Commission and provide for building a sewer.
Also, an act to authorize the Mayor and Aldermen of the town of Perry to issue bonds for $5,000, to build waterworks, etc.
Also, an act to make it unlawful for white J.nd colored

(i72

JOURNAL OF THE ~ENATE.

convicts to be confined together, or work chained together, and to provide a penalty for the violation of the same.
Also, an act to incorporate the city of Demorest, in Habrsham county, etc.
Also, an act to prohibit all persons from hunting on the uninclosed lands of others, in the county of Mitchell, with-out written permission from the owners of such lands, etc.
Respectfully submitted. "\V. T. IRVINE, Chairman protem.
The Senate took up the report of the Committee on Military Aftairs on the bill of the House to amend section 1103(j) of the Code of 1882, so as to fix the number of Aids-de-Camp, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Bauks on the bill of the House to amend the charter of the Merchants' and Farmers' Bank of Hogansville, and to further define its powers.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Planters' Bank of Americus, etc.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
1\Ir. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
Mr. President : Your Committee on Enrollment report as properly en-
rolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:

FRIDAv, OcTOBER 2, 1891.

673

An act to amend an act approved October 22, 1887, relating to the registration of voters for the county of Morgan, etc.

Also, an act to amend section 5 of an act approved December30, 1890, entitled an act to amend the laws of this State in reference to the inspection of illuminating oil, etc.

Also, an act t(} authorize the Governor and Treasurer to issue bonds and negotiate the same for purpose of raising money with which to pay off an amount of the public debt maturing in the year 1892, etc.
Also, a~ act to authorize and empower the Governor to cause to be paid to the widow or dependent children of deceased Confederate soldiers the pensions due to said soldier& respectively, at the time of their death.

Also, an act to make additional appropriation for fiscal years 1891 and 1892, and to supply deficiencies in seyeral appropriations for the support of the Govemment, etc.

Also, an ad to amend an act to incorporate the Savannah Street and Rural Resort Railroad Company, approved September 22, 1883, to change the name of said company, to increase tqe capital stock, etc.

Also, an act to amend an act to incorporate the Albanv and Bainbridge Railroad Company, to define its powe;s and duties, etc.

Also, an act to incorporate the Southern Street Railroad Company, to confer certain privileges, etc.

Also, an act to amend an act entitled an act to create a sinking fund to pay-off and retire bonds of this State as they mature, in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877, by the levy and collection of a tax therefore, etc.

Also, an act to incorporate the town of Dennard, in the county of Houston, to define the powers and duties of Mayor and Council, Marshal and Clerk, etc.

Also, an act to incorporate the town of :{i:lko, in the

county of Houston, to define its limits, confer municipal

powers and privileges upon it, etc.

43

.

.

674

JOURNAL OF THE SENATE.

Also, an act to incorporate the Madison and Eatonton Dummy Line, etc.
Also, an act t~ incorporate the town of Cement, Ga., etc.
Also, an act to incorporate the Soque and Tallulah River Railroad Company, to confer certain powers and privileges on said company, and to define the powers of the same, etc.
Also, an act to amend an act entitled an act incorporating t.he Carters\ille and Gainsville Air-Line Railroad Com. pany, approved December 26, 1886, etc.
Also, an act to incorporate the Southern Industrial Aid Society.
An act to incorporate the Xorth Macon Street Railroad Company.
Respectfully submitted. \V. T. IR\"IXE, Chairman pm te1n.

The Senate took up the report of the Committee on Finance on the resolution of the House to pay pension to widow of Richard W. Bell.

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Boyd, Callaway, Candler, Eason, Ellington, Flint, Harlan, Hill, Hodges,

Irvine,

Strickland,

Johnson of 2lst Dist., Tatum,

Johnston of 39th Dist., Terrell,

J,amh,

Todd,

l\'lulli~,

Vincent,

Patton,

\Valker,

Smith of 6th Dist., warren,

Smith of 28th Dist., Williams.

There are ayes 25 ; there are nays 0.

So the resolution was concurred in b~ constitutional majority.

The Senate took up the repol't of the Committee on Banks on the bill of the Honse to incorporate the Americus Savings Bank, and for other purposes.

The report was agreed 'to.



FRIDAY, OcTOBER 2, 1891.

675

The bill was read the third time and passed, ayes 27, nays 0.

The Senate took up the report of the Committee on

Banks on the bill of the House to incorporate the National

Guaranty Company.



The committee reported in favor Qf its passage with an

amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended,

ayes 24, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Clegg Banking and Saving!'! Company, etc.

The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended, ayes 25, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate to Shipp Banking Company, etc.

The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed

to.

The bill was read the third time, and passed, as amended, ayes 24, nays 0.

The Senate took up the rtport of the Special Judiciary Committee on the bill of the House to amend an act to prescribe the method of granting license to sell spirituous or intoxicating liquors, in the county of Effingham.

Proof of legal notice was submitted.

The committee reported in fa,or of its passage with an

amendment, which was adopted, and the report was agreed

to. The bill was read the third time, 'and passed, as amended,

ayes 24, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Mercantile Bank

and for other purposes.

676

JoUR.:s"AL OF THE SENATE.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 24, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the .Jesup and ~Waynesville Railroad Company.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Carrollton and Roanoke Railroad Company, etc., and for other purposes.
The committee reported. in fa~or of its passage with amendments, which were adopted, and the report was agreed to.
The hill was read the third tir.le and pass~d, as amended, ayes 24, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House for the better protection of game and game birds, in. the county of Schley, etc.,. and for other purposes.
The committee reported in fayor of its passage, by substitute, which was adopted, and the report was agreed to.
The bill was read the third time, and passed, as amendt>d, by substitute, ayes 24, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the Senate to provide for tiling, hearing and determining contested elections in this State, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 27, nays 0.
The Senate took np the repmt of the General J u.diciary

FRIDAY, 0CTOJJER 2, 1891.

67i

'Committee on the bill of. the House to amend section 2626 of the Code, etc.
The report was agreed to. The bill was read the third time and passed, ayes 28, .nays 0.
The Senate took up the report of the General Judiciary -Committee on the bill of the House ~o exempt the pensions of Confederate soldiers and widows of Confederate soldiers from garnishment a.nd any other legal process.
The report was agreed to. The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Banks to incorporate the Bank of Rockdale in the city of Conyers, .and for other purposes.
The report was agreed to. The bill was read the third time and passed, ayes 24, navs 0.
The Senate took up the report of the Committee on Banks on the bill of the House, to incorporate the Home Bank of Atlanta, Georgia.
The report was agreed to. The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the General Judiciary -Committee on the bill' of the House, to incorporate the Grand Lodge of the Independent Order of Good Samaritans'and Daughters of Samaria of Georgia.
The report was agreed to. The bill was read the third time and passed, ayes 24, 11ays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House, to amend an aet to alter and fix the pay of the County Treasurer of Dl'Kalh -county, and also to fix the per diem that shall be allowed the Sheriff of said county for board of prisoners in the -county jail, approved February 19th, 1876, so as to prohibit :the said Treasurer from collecting or retaining a per reiltton

678

JOURNAL OF THE SENATE.

on any money or moneys received or paid out that may be borrowed by said county.

Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, ayes 23, nays 0.

The Senate took up the report of the Committee on Banks on the bill of the House, to change the name of the State Savings Association, to reduce the eapital stock thereof, and provide for its increase, and to give it the powers and privileges of a Savings Bank.
The report was agreed to.
The bill was read the third time and passed, ayes 25, nay8,0.

The Senate took up the report of the Committee on

Banks on the bill of the House to amend sections .5 and 8



of an act to incorporate the South Georgia Bank of Way-

cross, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 24, nays 0.

The Senate took up the report of the Committee on Public Schools on the bill of the House, requiring the County School Commissioner of Greene county to pay over to the trustees of the Thomas Stocks Institute, a school located in the town of Greensboro, a sub-District, G. M., of !'aid county, all the Public School Fund of this State to which the white children are entitled.
The committee reported in favor of its passage, with amendments which were adopted.
The report was agreed to.
The bill was read the third time and passed, ayes 24, naysO.

The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock .A.M. Monday next.

MoNDAY, OcTOBER 5, 1891.

679

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, October 5, 1891, 10 O'clock A. :r.1.

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

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

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

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

Golden,

Patton,

Harlan,

Smith of 6th Dist.

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Johnston of 39th Dist., Walker,

Lamb,

'Varren,

Lanier,

Williams,

Nunnally,

Zachry,

Mr. President.

Mr. Lamb Chairman of the Committee on Journals, submitted the following report:

Mr. President:
Your Committee on Journals having examined the .Journal of Friday, the 2d instant, report the same as correct.
Respectfully submitted. THOMAS W. LAMB, Chairman.

The report of the Committee on Journals was adopted.
On motion of Mr. Callaway, leave of absence was granted Mr. Terrell for this day.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President: The House has concurred in the Senate amendments to
the following House bills, to-wit:
A bill to amend an act incorporating the Waycross AirLine Railroad Company.

680

JoeRXAL OJ<' THE SE~ATE.

Also, a bill to incorporate the Atlanta and l\lanchester Railroad Company. 1
Also, a bill to incorporate the Chalybeate Springs Railroad Company.
Also, a bill to incorporate the Transvale Railroad Company.
Also, a bill to incorporate the Tifton and Northeastern Railroad Company.
Also, a bill to incorporate the Boston and Albany Railroad Company.
Also, a bill to incorporate the Tobacco Belt and Florida
Railroad Company.
Also, a bill to incorporate the Wayne Southern Railroad Company.
Also, a bill to incorporate the Covington and Ocmuigee Railroad Company.
Also, a bill to transfer the county of Douglas from the Stone )fountain .Judicial Circuit to the T~llapoosa Judicial Circuit, and to change the time of holding Superior Court in said county.
Also, a bill to amend section 12 of the Common School Law.
Also, a bill to regulate banks, and for other purposes.
The House has also passed the following Senate bill by requisite majority, to-wit:
A bill to provide for renewing and repairing any pavement now laid or to be laid in any city of the State having a population of twenty thousand or more.
The House has passed the following House bills by the requisite majority, to-wit:
A bill to guarantee the right of hearing, in all cases, of bilh< of exception in Supreme Court.
Also, a bill to make an appropriation to pay Hon. Clifford Anderson for services rendered the State.
. Also, a bill to amend an act to levy and collect a tax for the support of the State government.

MoNDAY, OcToBER -5, 1891.

681

, Also, a bill to confer on the Railroad Commission jurisdiction as to storage of freights in depots, and charges on
.8ame. (
Also, a bill to define the term "Domestic Wines," and to provide a penalty for selling other things as domestic wines.
Also, a bill to amend section 4350 of the Code.
Also, a billto ame1l.d section 943 of the Code.
Also, a bill to change the time for holding Superior Court in Greene county.
Also, a bill to provide for the appointment of County Solicitors.
Also, a bill to change the tl.me of holding the Superior Court of Bryan county.
Also, a bill to amend the practice in equity as to granting injunctions restraining the cutting of timber for sawmills, and for other purposes.
On motion, the hill of the House to make it the duty of each County Sun-eyor to place, or cause to be placed, at the corners of lots surveyed by them, stone or iron blocks, was referred to the Committee on General Agriculture.
On the call of the roll for ~he introduction of new matter, the following hill was_ introduced, read the fir,;;t time and referred to the General Judiciary Committee, to-wit:
A bill to change the time of holding the Superior Court for the county of Echols. Mr. Williams introduced a resolution requesting the aid 9f the Legislatures of certain States in securing by Congress .an appropriation for the improvement of the Savannah river at and near the city of Savannah, etc.
On motion of l\Ir. Todd, this resolution was taken up under a suspension of the Rules, and agreed to.
l\Ir.Johnson, Chairman of the Commith~e on Railroads, submitted the following report:
Mr. President: Your committee have had under consideration the fol-
lowing House bill, which ihey instruct me to report back, with the recommendation that the s~me do pass, to-wit:

682

.JOURNAL OF THE SENATE.

A bill to be entitled an act to further carry into effect paragraph 1 of section 2 of article 4 of the Constitntion of the State and to prevent unjust discrimination on the part of any railroad operated within, or partly within, this State, against any other railroad company within this State.
Respectfully submitted. RrcHARD JoHNSON, Chairman.
On motion of 1\Ir. Callaway, the reading of bills of the~enate and House bills the first, second and third times. was made the order of business for this day.
The following bills of the House were read the first timeand referred as indicated, to-wit:
A bill to amend an act to levy and collect a tax for thesupport of the State Government, approved December 26, 1890.
Referred to the Committee on Finance.
A bill to confer on the Railroad Commission jurisdiction as to storage of freight in depots, and charges on the same,. and for other purposes.
Referred to the Com mittee on Railroads. A bill to guarantee the right of hearing m 3ll case~of bills of exceptions in the Supreme Court. Refe~red to the General Judiciary Committee.
A bill to amend section 42.50 of the Code of Georgia.
Referred to the General Judiciary Committee.
A bill to make an appropriation to pay Hon. Clifford Anderson for services rendered the State.
Referred to the Committee on Finance.
A bill to amend s&ction 943 of the Code of Georgia, etc_
Referred to the Committee on Banks.
A bill to change the time for holding the Superior Court of Greene county.
Referred to the Special Judiciary Committee.
A~ bill to define the term "domestic wines," to provide a penalty for selling or offering other wines in this State-

MoNDAY, OcTOBER 5, 1891.
claiming the same to be do.nestic wines, and for other purposes.
Referred to the Committee on Temperance.
A bill to provide for appointing County Solicitors, and for other purposes.
Referred to the Special Judiciary Committee.
A bill to amend the practice in equity as to granting injunctions restraining the cutting of timber for saw-mill purposes, railroad cross-ties and bridge timbers for railroad purposes.
Referred to the General Judiciary Committee.
A bill to change the time of holding the Superior Court of Bryan county.
Referred to the Special Judiciary Committee.
The following mesr;:age was received from the House
of Representatives, through Mr. Hardin, the Clerk thereof: Mr. President:
The House has passed the following bills of the Senate by requisite majority, to-wit:
A bill to repeal an act abolishing the office of County Treasurer of Monroe county, etc.
Also, a bill to incorporate the Georgia Savings Bank.
Also, a bill to prohibit hunting or fishing on the lands of another in Coffee county.
Also, a bill to incorporate the Mutual Building Loan and Land Association of Georgia.
The House has also passed the following bills of the Senate, with certain amendments thereto, to-wit:
A bill to il)corporate the Economical Banking Company, and for other purposes.
Also, a bill to provide and establish a system of waterworks and electric lights for the town of Elberton.
The House has concurred in the amendments of the Senate to the following bills of the House, to-wit:
A bill to amend the act prescribing how license to r;:ell liquor r;:hall be granted in Effingham county.

JOURNAL OF THE SENATE.
Also, a bill to incorporate the National Guarantee Company.
Also, a bill to establish a public school system for Houston county.
Also, a bill to incorporate the Shipp Banking Company. Also, a bill to incorporate the Bank of Commerce. Also, a bill to pro,ide a game law for Schley county. Also, a bill to incorporate the Carrollton and Roanoke _Railroad Company. Also, a bill to incorporate the Mercantile Bank. Also, a bill to incorporate the Clegg Banking and SaYings Company.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of Macon, and the several acts amendatory thereof, so -far as to authorize the Mayor and Council of the city of Macon to issue bonds, etc.
Proof of legal notice was submitted. ' The committee reported in fa,or of the passage of the bill by substitute.
The substitute was adopted. The report was agreed to. The bill was read the third time and pa~sed, by ,:ubstitute, ayes 29, nays 0:
On motion of Mr. Cabaniss, this bill was ordered to be immediately transmitted to the House.
On motion of Mr. Todd, the Rules were suspended and the amendments of the House were concurred in to the b'ill of the Senate to provide for renewing and repairing any paYement now laid or to be laid in any city of this State haYing a population of more than twenty thousand.
On motion of l\Ir. Hodges, the amendments of the House to the bill of the Senate to provide and establish a system of water-works and el~ctric lights for the town of Elberton, G:a., and for other purposes.
Mr. Hodges offered to amend the House amendment by insertil,1g section 7 in lieu of section 8 in the amendment of the House.

MmmAY, OcToBER 5, 1891.
The amendment proposed by Mr. Hodges was agreed to, and the House amendment, as amended; was concurred in.
On motion of Mr. CabaniEf:l, the bill of the House to make the Sheriffs and their deputies of the several counties of this State wherein County Courts have been established, or where such courts may hereafter be established, ex officia )finisterial Officers of said courts, was recommitted to the General Judiciary Committee.
Under a suspension of the Rule, l\Ir. Terrell introduced the following bill, which was read the first time and referred to the Committee on Finance, to-wit:
A bill to amend paragraph 1 of section 12 of article 7 of the Constitution of this State, by adding to the same the following clause, to-wit: "The bonded debt of the State may be increased $500,000 annually for ten years, commencing in or after 1892, and the money thus raised shall be used exclusively for paying pensions to disabled Confederate Soldiers, and to widows of Confederate soldiers. and for the support of common schools."
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to require persons, cJmpanies and corporation~ operating, or that may here~ after operate, any line of railroad in this State, to post notices of the time of tl~eir beginning to operate such line and keep the same so posted, and to declare the same as evidence, and provide a penalty for violation of same, and' for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 26, nays 0.
The bill of the House to appropriate money for renovat.: ing portraits of distinguished Georgians and others, and for placing the same in the hall of the House of Representatives, was taken from the table, and on motion of Mr. Terrell, recommitted to the Committee on Finance.
The bill of the House to further carry into effect paragraph 1 of section 2 of article 4 of the Constitution of the State, and to prevent unjust discrimination on the part of

686

JOURNAL OF THE SENATE.

any railroad operated within, or partly within, this State, against any other railroad company within this State was, on motion, laid on the table, and fifty copies thereof ordered to be printed for the use of the Senate.
The bill of the House to enlarge the poweril of the Railroad Commission, and for other purposes, was read the second time on motion of the Chairman of the Committee on Railroads, and recommitted to said committee.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act approved October 29, 1889, providing for the time and mode of perfecting service by publication by striking therefrom certain words.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 3869 of the Code, etc.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Piedmont, in the county of Pike, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 25, naysO.
The Senate took up the report of the Committee on Railroads on the resolution of the House requesting the Senators and Representatives from Georgia in the Congress of the United States to favor legislation strengthening the control and legislation by the Interstate Railroad Commission of through freight and passenger rates, and for other purposes.
The report was agreed to.
The resolution was read the third time and concurred in, ayes 25, nays 0.

MoNDAY, OcTOBER 5, 1891.

687

The Senate took up the report of the Committee on Railroads on the bill of the House to require common carriers to trace freight, and for other purposes.
The committee reported in favor of its passage, with an amendment which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 25, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act assented to May 11, 1803, and all acts amendatory thereof, so as to ~hange and alter the southern and western boundry of the eity of Milledgeville, and make the present run of the .stream, known as Fishing creek, the southern boundary of said city from the Oconee river to the bridge of the Central Railroad and Banking Company of Georgia over said stream.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment which was adopted, and the report was agreed to.
The bill was read the third time and pas~ed, as amended, ayes 27, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of \Vhitehall, the same being a reconsidered bill.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to incorporate the Quitman Street Railway Company, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.

688

JoURNAL OF THE SENATE.

The bill was read the third time and passed) as amended,.

ayes 27, nays 0.



The. Senate having disposed of all business on the desk of the Secretary, adjourned on motion, until10 o'clock A.M., to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 6, 1891, 10 O'clock A.M.

The Senate met pur:;uant to adjournment, the President in the chair.

Prayer was offered by the Rev. John Jones, D. D., Chap-

lain of the Senate.



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

Beard, Boyd, Brown, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Gill. Golden, Harlan,

Harp,

Smith of 28th Dist.,

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Dist.,Yincent.,

Lamb,

'Valker,

Lane,

\Varren,

Lanier,

'Villiams,

:\Iullis,

Witcher,

Xnnnally,

Zachry,

Patton,

)1r. President.

Smith of 6th Di;;t.,

::\Ir. Lamb, Chairman of the Committee on Journals, submitted the following report:
Jfr. President: Your Committee on Journals, having examined the
Journal of yesterday, report the same as correct:
Respectfully submitted. THOMAS W. LA:\IB, Chairman.

Mr. Lanier, Chairman Committee on Temperance, submitted the following report: Jfr. Pre~ident:
Your committee have had under consideration the follow-

TuESDAY, OcTOBER 6, 1891.

689

ing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to amend the several laws incorporating the city of Milledgeville, and for other purposes.

Respectfully submitted.

R. H. LANIER, Chairman.

Mr. Warren, Chairman Committee on P~nitentiary, sub-. mitted the following report:
Mr. President:
Your committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommend3-tion ihat the sa.me do paSs, to-wit:
A bill to create a.n Advisory Board of Pardons, provide for their appointment, and for other purposes.
Respectfully submitted. G. W. WARREN, Chairman.

Mr. Zachry, ChairQian: ofthe Committee on General AgricJlture, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bilh!', which they instruct me to report back, with the recommendation that the sa.me do not pass, to-wit:

A bill to make it the duty of each county surveyor in this State to cause the corners of the lots of land which they locate, to be marked with stone or iron "blocks of suitable size at the time of surveys, and for other purposes.

Respectfully submitted.

C. T. ZAcHRY, Chairman.

On motion of Mr. Zachry, the bill mentioned in the foregoing report was recommitted.

Mr. Terrell, Chairman of the Finance Committee, submitted the following report :

Mr. Prl!8ident:
Your committee have had under consideration the following House bills, which they instruct me to report back, .with the recommendation that the same do pass, to-wit:
41

690

JoURNAL OF THE SENATE.

A bill to amend an act to levy a tax for the support of the State GoYernment, approved December 26th, 1890.
Also, a bill to appropriate money for.renovating portraits of distinguished Georgians and others, and for placing the same in the Hall of the House of Repre;;entatiYes.
Also, a bill to pay W. J. Houston the sum of four hundred dollars for services rendered in investigating betterments before the Special Committee.
Respectfully submitted. J. M. TERRELL, Chairman.
Leave of absence was granted Mr. Glenn for to-day. Under a suspension of the Rultls, Mr. Smith, of the 28th District, offered the following bill, which was read the first time and referred tn the Committee on Temperance, to-wit: A bill to prohibit persons from purchasing or bartering for spirituous, intoxicating or malt liquors in any county in this State where the sale of the same is prohibited by law or high license, upon the recommendation of two succt:ssive grand juries, to provide a punishment for the same, and for other purposes.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Jl[r. President :
The House has nassed the following bills by the requisite constitutional majority, to-wit:
A bill to amend an act approved December 12, 1882, to provide for the payment of convict hire to the proper officus in Greene county.
Also, a bill to provide for the payment of money to the persor. entitled thereto, received by the State or Georgia from the United States, known as direct tax, collected under the act approved August 5, 1861.
Also, a bill to authorize the Judges of the Superior Courts of this State, in cases of seduction, or divorce or other cases. where the evidence is vulgar or obscene, to clear the court room before hearing said evidence.
Alflo, a bill to render legal all publications of notices, citations, advertisements, etc., notwithstanding the number

TuEsDA.Y, OcToBER 6, 1891.

691

of days between the first publication and the term, or day on which the order is granted or the sale takes place.
The House has adopted the following resolution to-wit:
A resolution authr,rizing the Secretary of State to furnish each Ordinary of the State with a list of all the ungranted or reverted lots of land lying in their respective counties, said lots to be sold by the Ordinaries and the monf'y paid into the educational fund, etc.
The Speaker of the House has appointed, on the part of the Home, the following memben on committee of conference on Senate Bill No. 204, to-wit: Messrs. Jackson oiHeard, Fleming and Boifeuillet.
Mr. Terrell, Chairman Committee on Finance, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to authorize any bank chartered under the laws of Georgia, or that may hereafter be chartered under the laws of this State, and which is now or may be appointed State depository in this State, in lieu of executing a bond, to deposit with the Treasurer of this State $50,000 in bonds of the State of Georgia, and prescribe what banks may be State depositories, etc.
Also, the followmg Senate bill, which they instruct me to rE-port back, with the recommendation th~t the same do pass, to-wit:
A bill to be entitled ltD act to amend paragraph 1 of section 12 of article 7 of the Constitution of this State by adding to the sum the following clause to-wit: The bonded debt of the State may be increased to $500,000.00 annually for ten years, commencing in or after 1892, etc.
Rel'pectfully submitted. J. M. TERRELL, Chairman.
Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the .fol-

692

JOURNAL OF THE l:iENATE.

lowing House billfl, which they instruct me to report back, with the recommP.ndation that the same do pass, to-wit:
A bill to amend section 4250 of the Code of Georgia.
Also, a bill to authorize the county authorities to hire out misdemeanor convicts and to provide for the di~>tribution of money arising therefrom, etc.
Also, a bill to authori1:e the city of Atlanta to open and extend Alabam~t street from the central portion of the said city, westerly through property of the State, subject to the r}ghts of the Western and Atla:dic Railroad.
Also, a bill to amend an act to make the second term after suit is brought inJustice's Court trial term in certain causes, etc.
Also, a bill to set apart the first Monday in September of each year as a legal holiday, to be known as Labor Day.
Also, the following House bills, which they instruct me to report back with the recommendation that the same do pass, as amended, to-wit:
A bill to confer police powers on the conductors, motormen and drivers of the street railroad companies in this State, etc.
Also, a bill to protect game in the State of Georgia during certain seasons, etc.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to permit any person to become the prosecutor in the county courts of this State, when the first or original prosecutor fails or refuses to prosecute, etc.
Also, a bill to make the sheriffs and their deputies of the seyeral counties of this State, wherein county courts have been Pstablished, or where such courts may be hereafter established, ex officio ministerial officers of said courts.
Also, the following Senate bill, which they instruct me to report back, with the recommendation. that the same do pass, to-wit:

TuEsDAY, OcTO.BER 6, 1891.

693

A bill to change the time of holding the Superior Court for the county of Echols.
Respectfully submitted. T. B. CABANISs, Chairman.

The Senate .took up the report of the Committee on Finance on the bill of the House to appropriat~ money for renovating portraits of distinguished Georgians and others, for placing the same in the hall of the House of Representatives.

The committee reported in favor of' its passage, with an amendment, which was adopted, and the report was agreed to.
On the question of the passage of the bill, as amended, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Cabaniss, Callaway, Candler, Culpepper, Culver, Gill, Golden, Harlan, Harp,

Hill,

Strickland,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent.,

Lamb,

Walker,

Lanier,

'Varren,

Nunnally,

Williams,

Pat on,

Witcher,

Smith of 6th Dist., Zachry.

Smith of 28th Dist.

Those who voted in the negative are Messrs.-

Boyd, Eason, Ellington,

Johnston of 39th Di;t.,Mullis,

Lane,

Tatum.

There are ayes 29; there are nays 7.

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

The Senate took up the report of the Committee on Military Affairs on the bill of the Senate to amend section 1103(i) of the Code of Georgia of 1882.

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 General Judiciary Committee on the bill of the House to authorize the city

694

JOURNAL OJ<' THE SENATE.

of Atlanta to open and extend Alabama street from the central portion of the said city, westerly through propert:r of the State, subject to the rights of the Western and Atlantic Railroad.

Proof of legal notice was submitted. The report was agreed to. The hill was read the third time and passed, ayes 28, nays 0.

The Senate took up the report of the Finance Committee
on the re;;olution of" the House to pay W. J. Houston the sum of four hundred dollars for services rendered in the investigation of betterments before the Special Committee.

The report was agreed to.

The resolution was read the third time and, on the question of concurring therein, the ayes and nays wera recorded.

Those who voted in the affirmative are Messrs.-

Beard, Cabaniss, Callaway, Candler, Culpepper, Culver, Ellington, Gill, Golden, Hadan, Harp,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Jobnstun of 39th Dist., Todd,

Lamb,

Vincent,

Lanier,

Walker,

Mullis,

warren,

Nunnally,

W'illiams,

Patton,

Witcher,

Smith of 6th Dist., Zachry.

Those who voted in the neg-a.tive are Messrs.-

Boyd,

Eason,

Lane.

There are ayes 33; there are nays 3.

So the resolution was concurred in by a constitutional majority.
By resolution of Mr. Hodges, ex-Senator Phil. W. Davis was tendered the courtesies of the senate during his stay in this city.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:

Jlr. President: The House has passed the following bill by the requisite
majority, to-wit:

TuESDAY, OcT.OBER 6, 1891.

695

A bill to authorize the authorities of each town to appoint assessors, and for other purposes.

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

ltfr. President :

The Governor has approved the following acts of the

General Assembly, to-wit:

An act to incorporate the Smithville and Hawkinsville

Railroad Company.



Also, an act to incorporate the Thomson and Lincolnton

Railroad Company.

Also, an act to repeal an act to incorporate the town of

Cusseta in Chattahoochee county, etc., and to reincorporate

said town, etc.

Also, an act to amend an act to incorporate the Southern Exchange Bank, etc.

Also, an act to incorporate the town of Lyerly in Chattooga county.

Also, an act to amend an act to authorize and require a registration of all voters in the county of Jasper, etc., approved October 29, 1889.

Also, an act to prohibit the s3.le of seed cotton in the county of Jeffe~on from the 15th of August to the 24th of December of each year, and to provide a penalty for the violation of the same.

Also, an act to incorporate the Brunswick, LaGrange and Northwestern Railroad Company.

Also, an act to amend an act incorporating the Carrollton Railway Company.

Aleo, an act to extend the corporate limits of the city of Bainbridge.

Aiso, an act to amend an act to consolidate and amend the several acts incorporating the city of Bainbridge in the county of Decatur.

Also, an act to amend the charter of the city of Bainbridge granted March 12, 1866, so as to empower the Mayor



696

JOURNAL OF THE SENATE.

and council of said city to maintain a system of sewerage and drainage for said city.
Also, an act to alter and a:mend an act to authorize the Mayor and Council of the city of Forsyth to issue certain bonds, etc., approved November 13, 1889.
Also, an act to amend an act incorporating the Suwanee Canal Company, approved October 29, 1889.
Also, an act to incorporate the Bank of Louisville, Georgia.
Also, an act to incorporate the Bank of Commerce of Summerville, Georgia.
Also, an act to provide for the advancement and trial of cases in Fulton Superior Cour1, to which the city of Atlanta is a pa~:ty, or materially interested.
Also, an ac~ to incorporate the Reynolds Exchange Bank.
Also, an act to incorporate the town of"Culverton in Hancock county, etc.
The Senate took up the . report of the Committee on Railroads, on the bill of the House to further carry into efiect paragrdph 1 of section 2 of article 4 of the Constitution of the State, and to prevent unjust discrimination on the part of any railroad operated within or partly within this State against any other railroad company within this State.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
On motion of Mr. Johnson of the 2h4 District, the bill of thP House to amend an act to levy and collect a tax for the support of Government, and the public institutions, etc., etc., etc., for each of the fiscal years 1891 and 1892, and for other purposes, was.taken from the table, the EJame having, on the 1st instant, been put upon its passage and laid on the table with the vote thereon, before announcement.
The vote was announced by the President, viz., ayes 14, nays 21, and the bill not having received a constitutional majority was lost.



TuESDAY, OcTOBER 6, 1891.

697

Mr. Johnson gave notice that at the proper time he would move a reconsideration of the action of the Senate thereon.
On motion of Mr. Todd, the Senate took up and concurred in the amendment of the House to the bill of the Senate to ineorporate the Economical Banking Company, and for other purposes.
Mr. Cabaniss offered the following resolution which was taken up and read:
Re.solved, That the Committee on Railroads to whom was referred House bill No. 915, a bill to enlarge the powers of the Railroad Commission, be requested to report upon the same at the earliest practicable moment, and that Thursday next, at 11 o'clock, be appointed as the hour for considering the said bill.
The resolution was withdrawn by Mr. Cabaniss.
Mr. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report :
11fr. President:
Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following Senate bills, to-wit:
An act to prohibit persons from hunting or fishing on the lands of another in the county of Coffee in the State of Georgia, etc.
Also, an act to incorporate the Mutual Building Loan anrl Land Association of Georgia.
Also, an act to incorporate the Georgia Savings Bank, with powers to do a banking business, to act as agent, assignee, executor, administrator and trustee, with principal.office in the city of Atlanta, etc.
Also, an act to provide for renewing and repairing any pavement now laid or to be laid in any city of this State having a population of more than twenty thousand.
Respectfully submitted. W. T. IRVINE, Chairman pro tem.
The bill of the Senate to amend section 298 of the Code of 1882 was, on motion of Mr. Smith, of the 28th District, withdrawn.

698

JOURNAL OF THE SENATE.

The bill of the House to authorize any bank chartered under the l&ws of this State, or that may hereafter be chartered, and which is or may be appointed a depository in this State, to deposit bonds of the State with the Treasurer in lieu of executing a bond, etc., was taken up under adverse report of the Finance Committee, and lost by agreemetit with said report.
The bill of the Senate to create an Advisory Board of Pardons, etc., was taken up under favorab:e report of the Committee on the Penitentiary.
The report was disagreed to, and pending the passage of the bill it was, on motion ot' Mr. Walker, laid on the table.
The following bills of the House were read the first time and referred as indicated, to-wit:
A bill to authorize the authorities of each town and city to appoint assessors, and for other purposes.
Referred to the General Judiciary Committee.
A bill to authorize the Judges of the Superior Courts of this St~te in any case of seduction or divorce, or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience, and for other purpoE:es.
Referred to the General Judiciary Committee.
A bill to render legal all publications of notices, citations, advertisements, etc., notwithstanding the num her of days between the first publication and the term or day on which the order is granted or the sale- takes place.
Referred to the General Judiciary Committee.
A bill to provide for the payment of .he persons entitled thereto of the mon(>y received by the State of Georgia from the United States, under the act approved March 2, 1891, refunding the direct tax collected under the act approved August 5, 1861, and for other purposes.
Referred to the Committee on Finance. A bill to amend an act approved December 22, 1882, to provide for the payment of convict hire to the proper officers in Greene county. Referred to the Special Judiciary Committee.

TuEsDAY, OcTOBER 6, 1891.

699.

A resolution relating to the investigation, by the Secretary of the State, of the ungranted lands of the State.
Referred to the General Judiciary Committee. The bill of the Senate to amend paragraph 1 of section 12 of article 7 was read the second time and passed to a third reading. The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to amend section 4250 of the Code. A bill to confer police powers on the conductors and motormen and drivers of the Street Railroad Companies in this State.
A bill to authorize the connty authorities to hire out misdemeanor convicts, and for other purposes.
A bill to amend the several laws incorporating the city of Milledgeville.
A bill to amend an act to make the second term after suit instituted, in Justices' Court trial term in certain causes.
A bill to set apart the first Monday in September of each year as a legal holiday, to be known as Labor Day.
A bill to amend an act to levy and collect a tax for the support of the State government, approved December 26, 1890.
A bill to confer on the Railroad Commission jurisdiction as to storage oE freight in depots and charges on the same.
A bill to prptect game in the State of Georgia during certain seasons, and for other purposes.
The bill of the :jenate to change the time of holding the Superior Court for the county of Echols was read the second tiine and passed to a third reading.
The bill of the House to require the agents of non-resident persons, firms, companies and corporations engaged in the business of lending money in this State, to make returns and pay taxes, was referred to the General Judiciary Committee.
The bill of the Senate to establish and maintain a uniform series of text-books in all the public schools of this State was taken up under adverse report of the Committee

700

JouRNAL oF 'l'HE SENATE.

on Public Schools and, on motion of Mr. Culver, laid on the table.
The following bills of the House, reported adversely, were taken up and laid on the table, to-wit:
A bill to make sheriffs and their deputies ministerial officers of the County Courts, etc.
A bill to permit any person to become a prosecutor in the County Courts where the original prosecutor fails or refuses to prosecute.
A bill to establish a City Court for DuPont. A bill to repeal an act to authorize the runnin~ of freight trains over the Georgia Railroad on Sunday in certain cases..
A bill requiring packages of flour or meal to have the number of pounds of flour or meal contained therein marked on said packages, by the miller or merchant dealing in the same.
A bill requiring Judges of Superior Courts to give certain sections of the Code in charge of the Grand .Juries.
A resolution for the relief of 0. E. Carter.
A resolution for the rel:ef of Walton H. Booth.
Mr. Cabaniss announced the death of the Hon. Maston O'Neal, Senator from the 8th District, and at the conclusion of his remarks, offered the following resolution, which was taken up and agreed to by a rising and unanimous vote :
Resolved, That the Senate has heard with sincere regret and deep sorrow of the death of Hon. Maston O'Neal, late Senator from the 8th Senatorial District.
Resolved, That a committee of five members from the Senate, with such members of the House of Representatives as may be joined, be appointed to attend the funeral of the deceased.
Resolved further, That the Secretary of the Senate be instructed to have the desk of the deceased suitably draped in mourning, and that the Senate do now adjourn.
The President announced that the committee on the part of Senate to attend the funeral of the Hon. Maston O'Neal, deceased, consist of Messrs. Cabaniss, Lamb, Candler, Gill and Zachry.

WEDNESDAY, OcTOBER 7, 1891.

701

The President, in conformity to the foregoing resolutions, declared the Senate adjourned until 10 o'clock A. M. tomorrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, October 7, 1891, 1il O'clock A.M.

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

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

On the call of the roll, the following Senators answered to

their names:

Be-ard, Beck, Boyd, Brown, Cabaniss, Callaway, Culpepper, Culver, Eason, Ellington, Flint, Gill,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland;



Irvine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of 39th Di;t., Vincent,

Lamb,

Walker,

Lane,

Williams,

McRae,

Witcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

Mr. Lamb, Chairman of the Committee on Journals, submitted the following report:

Mr. Pr.e.sident:

Your Committee on Journals, having examined the Journal of yesterday, report the same as correct.
Respectfully submitted.

THoMAs W. LAMB, Chairman.

In conformity with the resolution of the Senate and the foregoing report, declared the Journal approved.

The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof: Mr. President :
The House has concurred in the following Senate resolution, to-wit :

702

JOURNAl, OF THE SENATE.

A resolution requesting the aid of certain States in se..:uring an appropriation for improving the harbor of Savannah by the Congress of the United States.
The House has passed by the required majority the following Senate bill :
A bill to be entitled an act to amend the charte~ of the town of Tybee.
On motion of Mr. Johnson of the 21st District, so much of the Journal of yesterday was reconsidered as relates to the refusal of the Senate to pass the bill of the Home, to amend an act to levy and collect a ta"JC for the suppJrt of Government, etc., etc., etc., for the fiscal years 1891 and 1892, and for other purposes, approvea December 26, 181:10.
Leave of absence was granted Messrs. Tatum and Golden for to-day, and to Mr. Lanier for a few days.
By rer,:olution of Mr. Culver the courtesies of the Senate were extended to Capt. Walter Paine, Col. Miller Grieve and Mr. John Edwards, of Milledgeville, Georgia, during their stay in this city.
Mr. Gill announced that the committee appointed yesterday to attend the funeral of the Hon. Maston O'Neal. late Senator from the 8th District, being unable to attend by reason of sickness and business engagements, he moved that the following committee, composed of SenatorR who can attend the funeral, be substituted for the committee appointed on yesterday, to-wit:
Messrs. Todd, Johnston, Strickland, Harp and Witcher.
The President submitted the motion of Mr. Gill to the Senate.
The motion prevailed and the committee was confirmed by the Senate.
Mr. Terrell offered the following resolution which was taken up and unanimously agreed to, to-wit:
Re.~olved, That a committee of five be appointed by the President of the Senate to prepare suitable resolutions expressive of_ our feelings as to the loss of our late colleague, the Hon. Maston O'Neal, Senator of the 8th District, and that Saturday, October lOth, at 11 o'clock, be set apart for hearing the same, and paying tribute to his memory.

WEDNESDAY, OcToBER 7, 1891.

703

Under this resolution the Pre3ident appointed :Messrs. Terrell, Beck, Hill, Callaway and Cabaniss.
:Mr. Terrell moved that the President of the Senate be added to the committee.
This motion was submitted to "the Senate by the Hon. Wm. A. Harris, Secretary, and was unanimously carried.
Mr. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:

Mr. President:

Your committee report as properly enrolled, and ready

for the signatures of the President and Secretary of the

Senate, the following Senate bill, to-wit:



An act to repeal an act to abolish the office of County Treasurer of the county of Moiuoe, and to make the Chairman of the Board of County Commissioners ex officio, Treasurer in and for said county, and to define his duties, etc., approved September 18, 1883, etc.

Respectfully submitted.
,V. T. IRVINE, Chairman protem.

:Mr. Irvine, Chairman pro tem. Committee on Enrollment, submitted the following report:

Mr. President:
Your committee report as properly enrolled, and signed by the Speaker and Clerk of the Hour>e, and ready for the signatures of the President and Secretary of the Senate the following House bill, to-wit:

An act to incorporate the Wayne Southern Railroad Company.

Respectfully submitted. .W. T. IRVINE, Chairman pro tern.

Mr. Zachry, Chairman Committ.ee on General Agriculture, submitted the foll<?wing report:

Mr. President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not paes, to-wit:

A bill to be entitled an act to make it the duty of each CouDty Surveyor in this St.ate, to cause the corners of the

704

.JoURNAL OF THE SENATE.

lots of land which they locate to be marked with stone or

iron blocks of suitable size at the time of survey, and for

other purposes.

. Respecttqlly 1:mbmitt.ed.

C. T. ZACHRY, Chairman.

Mr. Nunnally, Chairman pro tern. Committee on Temperance, submitted the following report:

Mr. President :

Your committee have had under consideration the following Senate bill, whi<:h they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act. to prohibit persons from purchasing or bartering for spirituous, intoxicating or malt liquors in any county in this State where the sale of the same is prohibited by law or high license, upon the recommendation of two successive Grand Juries, to provide a punishment for the same, etc.

Also, the following House bill, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to define the term "domestic wines," to provide a penalty for selling or offering other wines in this State, claiming the same to be domestic wines, etc.
Respectfully submitted. J. E. NuNNALLY, Chairman protem.

Mr. Cabaniss, Chairman of the Committee on General ,Judiciary, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to amend the practice in equity as to granting injunctions restraining the cutting of timber for saw-mill purposes, railroad cross-ties and bridge timhers for railroad purposes.
Also, the following House bills, which they instruct me to report back, with the recommendation that the same do pass, by substitute, to-wit:

'VED~ESDAY, Or.TOBER 7, 1891.

70.")

A bill to alter and amend the general pilotage laws of

this State.

Also, the following House bill, which they instruct me

to report back, with the recommendation that the !:'arne do

not pass, to-wit:

A bill to provide for the redemption of real property sold

at Sheriffs' sales.

Also, the following Home resolution, which they instruct me to report back, with the recommendation that the same

do not pa1;,s, to-wit:

A resolution to direct the Governor to appoint a Com-

missinn to revise and codify all the criminilllaws of this

State.

Respectfully submitted.

T. B. CABA~rss, Chairman.

Mr. Callaway, Chairman Committee on Special Judiciary1 submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended,

LO-Wlt:
A bill to be entitled an act to amend House Bill 244, the :;:arne being an act amending an act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, approved December 8, 1886.
Also, the following House bill, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to repeal al_l act entitled an act to create a Board of Commissioners of Roads and Revenues for the county of Wilkinson, and to define their powers.
Respectfully submitted. E. H. CALLAWAY, Chairman.

The Senate took up the report of the Finance Committee on the bill of the Senate to amend paragraph 1 of section 12 of article 7 of the Constitution of this State by adding to the same the following clause, to-wit: "The bonded debt
45

706

.JOl'RNAJ, OF THE ~ENATE.

of this State may be increased $500,000, annually, for ten years, commencing in or after 1892, and the money thus raised shall be used exclusively for paying pensions to disabled soldiers, and to widows of Confederate soldiers, and for the support of common schools.

The report was agreed to.

The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are 1\fessrs.-

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

Harlan,

Patton,

Hill,

Smith of 6th Dist.,

Hodges,

Smith of 28th Dist.,

Irvine,

Strickland,

Johnson of 2lst Dist., Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lane,

Walker,

McRae,

Williams,

Mullis,

Witcher,

Nunnally,

Zachry.

There are ayes 33; there are nays 0.

So the bill was pasf'ed hy constitutional majority, and on motion of 1\Ir. Terrell, was ordered to he immediately transmitted to the House.

The Senate took up the report of the General Judiciary Committee on the hill of the Senate to change the time of holding the Superior Court of the county of Echols.

'l'he report was agreed to.
The hill was ,~;ead thE' third time and passed, ayes 28, nays 0.

Th(' 8enate took up th(' report of the Finance Committee on the bill of the House to amend an act to levy and collect a tax for the support of the. State Government, apprmed December 26, 1890.
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 GenNal .Judiciary

WEDNESDAY, OcToBER 7, 1891.

70i

Committee on the bill of the House to set apart the first Monday in September of each year as a legal holiday, to be known as" Labor Day."
The report was agreed to. The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize county authorities to hire out misdemeanor convicts, and to provide for distribution of the money arising therefrom, and for other purposes.
The report was agreed to. The bill was read the third time and passed, ayes 33, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal an act to create a Board of Commissioners of Roads and Revenues for the county of wilkinson, which report was adverse.
-The report was agreed to and the bill was lost.
The Senate took up the report of the General Judiciary Committee on the bill of the House to protect game in the State of Georgia during certain seasons, and for other purposes.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 2i, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to confer police powers on the conductors, motormen and driv~rs of the Street Railroad Companies in this State, and for other purposes.
The committee reported in fayor of its pasmge, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 30, nays U.
The Senate took up the report of the General Judiciary

708

JO!:RNAI, OF 'fH}<; SENATE.

Committee on the bill of the House to amend section 42.'50' of the Code of Georgia.
The report was agreed to.
The bill was read the third time, and passed, ayes 27, nays 0.
The following communication was received from His Ex--
cellency, the Governor, through Mr. Vvarren, his Secretary..
to-wit:
""t[r. President: I am directed by the Governor to deliver to the Senate a
sealed communication, to which he respectfully invites the coni"ideration of your honorable b:>dy in executive session.
Mr. Callaway, Chairman C01urnittee on Special Judicimy, submitted the following report:
J['r. President Your committee have had under consideration the fol-
lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit :
A bill to be entitled an act to change the time for holding the Superior Court of Greene county.
Also, the following House bill, with the recommendation that the same do pass, by substitute, to-wit:
A bill to be entitled an act to protect game in the county of Hancock.
Respectfully submitted. E. H. CALLAWAY, Chairman.
The Senate took up the report of the Committee on Temperance on the bill of the House to amend the several laws incorporating the city of Milledgeville, and for other purposes.
The report was agreed to. The bill was read the third time and passed, ayes 25, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the House to amend :111 act to make the second term after suit brought in Justice Courts trial term in certain causes.
The report was agreed to.

\VEDNESDAY, OcTOBER 7, 1891.

709

The bill was read the third time and pa~sed, ayes 29, nays 0.
Mr. Irvine, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
.JJr. President: Your committee report as duly enrolled, and ready for
the signatures of the President and Secretary of the Senate, the following Senate bill, to-wit :
An act to incorporate the Economical Banking Company, etc.
Respectfully submitted. \\r. T. IR\'INE, Chairman pro tern.
~Ir. Irvine, (;hairman pro tern. Committee on Enrollment, submitted the following report: Jfr. President :
Your committee report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following House resolution, to-wit:
A resolution requesting the aid of certain States m securing an appropriation for improving the harbor of .Sa\annah by the Congress of the United States.
Respectfully submitted. \V. T. IRVINE, Chairman pm tem.
Mr. Irvine, Chairman protem. Committee on Enrollment, submitted the following report:
Mr. President: Your committee report as properly enrolled, and ready
for the eignatures of the President and Secretary of the Senate, the following Senate bill, to-wit:
An act amending the charter of the town of Tybee. Respectfully submitted.
\V. T. IRVINE, Chairman pro tern.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend House Bill 244. the same being an act amending an act to create a Board of Commissioners of Roads and Revenues for the -county of DeKalb, approved December 8, 1886.

710

JOURNAL OF THE ~ENATE.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read. the third time and passed, as amended.
ayes 29, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to protect game in the county of Hancock.
Proof of legal notice was submitted. The committee reported in favor of its passage, by suhRtitute, which was adopted. The report was agreed to. The bill was read the third time and passed, as amended, by substitute, ayes 25, nays 0.
The Senate took up, read the second time, and passed to a third reading the following bills of the House, to-wit:
A bill to define the term "domestic wines," etc.
A bill to change the time for holding the Superior Court of Greene county.
A bill to amend the practice in equity as to granting injunctions restraining the cutting of timber for saw-mill purpo!'es, and for other purposes.
A bill oi the House to alter and amend the general pilotage laws of this State \vas taken up for a third reading, and on motion of l\Ir. Cabaniss, was laid on the table.
The bill of the tlenate to prohibit persons from purchasing or bartering for intoxicating liquors where the same is prohibited, etc., was read the second time and passed to a third reading.
Under a suspension of the Rules, the following bill and resolution were introduced, read the first time and referred as indicated, to-wit:
By Mr. ToddA bill to amend an act to regulate the hou_rs of trainmen
on railroads in this State, etc., and for other purpoEes, approved August 31, 1891, etc.
Referred to the Committee on Railroads.

THURSDAY, OcTOBER 8, 1891.

711

By Mr. Harp-

A resolution to autliorize the Assistant Attorney-General

to employ a stenographer.

Refered to the Committee on Finance.

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

A bill for the protection of game in Floyd county.

Also, a bill prescribing fees for County Court Judges in

this State.



The bill of the House to confer on the Railro'ad Commis-

sion jurisdiction as to storage of freight in depots, and

charges for the same, was, on motion, recommitted to the Committee on Railroads.

The bill of the House to provide for appointing County

Solicitors, and for other purposes, was transf'erred from the Special to the General Judiciary Committee.

The following bills of the House, taken up under adverse reports of committees, were lost by agreement, with said reports, to-wit:

A bill to require Judges of Superior Courts to give certain sections of the Code in charge to grand juries.

A resolution for the relief of 0. E. Carter.

Also, a resolution fot the relief of Walton H. Booth.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. 111. to-morrow.

::;E~ATE CHAMBER, ATI,ANTA, GEORGIA, Thursday, October 8, 1891, 10 O'clock A. M.

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

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

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

Beard, Beck,

Golden, Harlan,

Smith of 28th Dist., Strickland,

112

.JouRXAL oF THE SENA'J'E.

Boyd,

Cabaniss,

Callaway,

Candler,

Culpepper,

Culver,

Eason,

Ellington,

Flint,

Gill,

Glenn,

,

Harp,

Tatum,

Hill,

Terrell,

Hodges,

Todd,

Irvine,

Vincent,

Johnson of 21st Dist., walker,

.Johnston of 39thDist., 'Varren,

Lamb,

'Villiarns,

McRae,

Witcher,

Mullis,

Zachry.

Nunnally,

Mr. Pre5ident.

Patton,

Mr. Lamb, Chairman of the Committee on Journals, submitted the following report:

Mr. President:

Your Committee on .Journals, haYing examined the .Journal of yesterday, report the same correct.

Respectfully submitted. THOMAS W. LAMB, Chairman.

In pursuance of the foregoing report the President dedared the Journal approved.

1\Ir. Glenn, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President :

Your Committee on Enrollment report as properly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following resolution, to-wit:

A resolution for the relief of Mrs. 1\'hry Willis.

Respectfully submitted. R. l\I. W. GLENN, Chairman.

Mr. Johnson, Chairman of Committee on Railroads, sub-



mitted the following report:

Mr. President:

Your committee have had under consideration the follow-

ing House bill, which they instruct me to report back, with

the recommendation that the same do pass by substitute,

to-wit:

A bill to be entitled an act to enlarge the powers of the Railroad Commission, and for other purposes.

ReRpectfully submitted. RICHARD JoHNsON, Chairman.

THURSDAY, OcTOBER 8, 1891.

713

Mr. Williams offered the following Minority Report of the Committee on Railroads, which was read, to-wit:

MINORITY Rl<~PORT OF RAILIWAD COliiMITTEE ON
HOUSE BILL NO. 915.
The undersigned members of the Railroad Committee beg leave to submit the following minority report on House Bill No. 915, and substitutes:
There is no need for the passage of any Act to prevent any evils which may be produced by any sales, leases, contracts or agreements of railroad companies, or persons or individuals controlling railroad -compa.nies in this State. The Legislature has already passed all appropriate legislation necessary.
The General Assembly, which convened immedi-ately after the adjournment of the Constitutional Convention, assumed the duty of passing appropriate legislation to carry into effect article 4 of the Constitution of this State. Many of the members of that Legislature had taken part in the deliberations of the Convention. The discussions and ideas which controlled that body were fresh in the minds -of all men charged with the duty of enforcin~ article 4 of the Constitution. Upon the subject of railroads, the Legislature of 1878 and '79, in order to discharge this duty, passed what is known as the Railroad Commission Act: See acts of 1878 and '79, ,pages 125-131.
This act is also found in Code, sections 719(a) to 7L9(p) inclusive. Section 1 of this article relates wholly to the right of taxation; section 2 to the regulation of railroads. This act of 1878 and '79, above aUuded to, in sections 3 to 7 inclusive, carries into effect paragraph 1 of section 2 of article 4, prohibiting unjust discrimination and unreasonable rates, .and enforces the same by adequate penalties, by conf~rring upon the Railroad Commission full powerfor ,the making of rates and obtaining all information

714

JoURNAL OF THE SENATE.

necessary to make just and reasonable rates and aU proper and necessary rules.
These sections of this Act are Code sections 719(c) to 719(g)inclusive. This Act does not stop here. It is evident that no corporation can make any contract having the effect, or intended to have the effect, to defeat or lessen competition in their respective businesses, or to encourage monopoly, unless such contract should beone which should have effect as to freight~ and passenger tariffs.
Section 8 of said Act, which is section 719(h) of theCode, gives the Commission full and absolute power over such contracts, requiring them to be submitted to said Commission for inspection and correction.. that it may be seen whether or not they are a violation of the law or of the provisions of the Constitu-tion, or of the rules and regulations of said Commission ;.and prescribing that " said Commission may make such rules and regulations as to such contractsas may then be deemed necessary and proper, and any such agreement not approved by said Commission, or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers. (by said Commission) as shall be deemed, held and taken to be violations of article 4, section 2 (erroneously written 1 in Code), paragraph 4 of the Constitution, and shall be illegal and void." This givesthe Commission ample power to make all necessary "rules and regulations as to such contracts" as may be proper to fit each separate case as it arises.
Section 71~(i) prescribes that if any railroad company shall be guilty of a violation of the rules and regulations prescribed by the Commission, it may be- sued, if after due notice of such violation, it fails to make ample and full recompense for the wrong, as. directed by the Commission, within thirty days, and shall incur a penalty of from $1,000 to $5,000
This Act has been amended by this present Legis-lature and the Commission is now by law, author-

THURSDAY, OcTOBER 8, 1891.

715

ized, in their discretion, without notice, to institut-e

suit for any violations of their rules and regulations

and collect this penalty. The right of suit to recover

the actual damages is also preserved to the individ-

ual, and by section 719(1). of the Code, the term rail-

road corporation, or railroad company, embraces all

persons, firms and companies, and all associations of

persons, whether incorporated or otherwise, doing

business as common carriers upon any of the lines of

railroad in this State.

The last Legislature gave the Commission full power

over the making of joint rates between two or more .

connecting roads, and authority over the erection of

depots has been likewise conferred upon them by

statute.

Your committee, therefore, deem that ample power

has been vested in the Commission to thoroughly

protect the people of this State, and that the policy

of this State has been clearly shown to be, that the

people should be protected by and through the action

of the Commission upon rate-s.

We deem that any attack or threatened attack

upon existing relations between railroad companies

in this State would be detrimental to the public in-

terest, would be detrimental to the interest and pros-

perity of this State, destructive of investments which

have been made under legislative sanction and hurt-

ful to all classes.

J. M. CULPEPPER,

c. T. ZACHRY,

w. P.

WILLIAMS,

Railroad Committee.

On motion of Mr. Johnson, one hundred copies each of the bill of the House and the substitute therefor, reported by the Committee on Railroads, viz., a bill to enlarge the powers of the Railroad Comtnission, were ordered to be printed for use of the Senate.
On motion of Mr. Williams, one hundred copies of the foregoing minonty report were ordered to be printed.

716

JoURNAL OF THE 8E:-iATE.

On motion of Mr. Cabaniss, the bill was made the special order for to-morrow, immediately after reading the Journal.
Under a suspension of the Rules, the following bills were introduced, read the first time and referred as indicated, to-wit:
By Mr. Terrell-
A bill to amend an act to incorporate the North Georgia Telegraph Company, and for other purposes.
Referred to the Committee on Corporations.
By Mr. Tatum-
A bill to incorporate the Atlantic and Northwestern Railroad Company, and for other purposes.
Referred to the Committee on Railroads.
The bill of the House to make it the duty of County Surveyors to place iron or stone blocks at the corners of lots surveyed by them, was taken up for a third reading and, on motion, laid on the table.
The bill of the House to provide for the redrmption of real property sold at sheriff sales, was taken up under adver8e report of the General .T udiciary Committee, and lost by agreement with said report.
On motion of Mr. Nunnally, the Senate took up thereport of the Committee on Temperance. on the bill of thP Senate to.pmhibit persons from purchasing or bartering for spirituous, intoxicating or malt liquors in any county in this State where the ~ale of the same is prohibited by law or high license, upon the recommendation of two successive grand juries, etc.
The committee reported in favor of the pas5age of the bill with the following amendment, to-wit: Prodded that nothing in this act shall be construed to prennt the ordering of whiskies from the counties where the sale of the same is not prohibited by law.
Mr. walker moved to amend the amendment of the committee by striking out the word " whiskies" and inserting "spirituous, intoxicating o'r malt liquors." This amendment was adopted.
On the question of adopting the amendment of the committee, as amended, the ayes and nays were recorded.

THURSDAY, OCTOBER 8, 1891.

717

Those who \'Oted in the affirmative are Messrs.-

Beck, Boyd,
Cabani~s,
Callaway, Candler, Culpepper, Culver; Eason, Ellington, Flint, Gill,

Glenn,

Patton,

Golden,

Smith of 28th Dist.,

Hill,

Tatum,

Hodges,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Vincent,

Johnston of 39th Dist., Walker,

Lamb,

Warren,

McRae,

Williams,

Mullis,

'Vitcher,

Nunnally,

Zachry .

. Those who voted in the negative are Messrs.-

Beard,

Harp,

Strickland.

There are ayes 33; there are nays 3.

So the amendment, as amended, was adopted. The report, as amended, was agreed to. The bill was read the third time and, on the question of its passage, the ayes and nays were required to be recorded.

Those who voted in the affirmative are Messrs.-

Beck, Boyd, Ellington, Hill, Hodges, Irvine,

.Johnston of 39th Dist., Tatum,

McRae,

Todd,

Mul!i~,

Vincent,

Nunnally,

'Valker,

Patton,

'Varren.

Smith of 28th Dist.,

Those who voted in the negative are Messrs.-

Beard, Cabaniss, Callaway, Candler, Culpepper, Culver,

Eason, Flint, Gill, Glenn, Golden, Harp,

Johnson of ~1st Dist., Lamb, StricklanJ, Terrell, Williams, Witcher, Zachry.

There are ayes 1'i; there are nays 19.

So the bill was lost.

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

Mr. President:
The House has concurred in the Senate amendments to the following House bills, to-wit:

718

-JoURNAL OF THE SENATE.

A bill to incorporate the town of Whitehall, in Clarke county.

Also, a bill to appropriate money for renovating portraits of distinguished Georgians, and others, for placing the same in the capitol.

The House has also passed the following Senate bHl, by amendments, to-wit:

A bill to prevent combinations or pools of insurance companies, or their agents.

The House has also agreed to the Senate substitute, by

amendment, to the following House bill, to-wit:



A bill to require common carriers to trace freights, etc.

Also, a bill to amend several acts so as to change the southern and western boundary of the city of Milledgedllt>.

Also, a bill to protect game in the State of Georgia during certain seasons of the year.

Also, a bill to incorporate the Quitman Street Railway Company.

Also, a bill to confer police powers on the conductors, motormen and drivers of the street railroad companies in this State.

Also, a bill to protect game in the county of Hancock.

Also, a bill to amend House bill No. 244, the same being an act to create a Board of Commissioners of Roads and Revenues for DeKalb county.

Mr. Cabaniss, Chairman General Judiciary Committee, submitted the following report:
Mr. President Your committee have had under consideration the fol-
lowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit: ' A bill to require the County Commissioners in the scYeral counties of this State, and the Ordinaries in counties where there are no County Commissioners, to keep a register of the public roads, etc.
Also, a bill to authorize the .Judges of the Superior Court,;

THURSDAY, OcTOBER 8, 1891.

719

-of this State, in any case of seduction or divorce or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience, etc.
Also, a bill to authorize the authorities of each town and -city to appoint assessors, etc.
And also, the following House bills, which they recommend do pass, as amended, to-wit:
A bill to define who shall be exempt from jury duty, and f"or other purposes.
Also, the following House resolution, which they recommend do pass, as amended, to-wit:
A resolution requiring the Attorney-General to institute :Suits against trespassers on the public lands of the State.
Also, the following House bill which they recommend do not pass, to-wit:
A bill to provide for the appointment of County Solicitors, etc.
Also, the fo~lowing Senate bill, which they recommend do pass by substitute, to-wit:
A bill to rearrange the Flint, Coweta and Stone Moun" t.ain Judicial Circuits, etc.
Also, the following Senate bill, which they recommend do pass, as amended, to-wit:
A bill to authorize the discontinuance of County Courts, established by the recommendation of grand juries, etc..
Respectfully submitted. T. B. CABANISS, Chairman.
Mr. Callaway, eihairman pro tent. of the Committee on Banks, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act to amend section 943 of the Cnde of Georgia, prodding for the ~election by the Goyernor of Banks in certain cities as State Depositories, so a~

720

JoURXAL OF THE :-:iEXATE.

to add the city of Waycross, Ware county, to the list of such cities.
Respectfully submitted. E. H. CALLAWAY, Chairman pro ton.

Mr. Callaway, Chairman of the Committee on Special Judiciary, submitted the following report:

clfr. President:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to prescribe for the appropriation of money arising from the hire of convicts from Henry county, and for other purposes.
Also, a bill to be entitled an act to amend an act approved December 12, 1882, to provide for the payment of convict hire to the proper officers in Greene county, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

The following bills of the House were read the second time and passed to a third reading, to-wit:
A bill to authorize the Judges of the Superior Courts in any case of seduction or divorce or other cases where tlw evidence is vulgar or obscene, to hear and try the caRe after clearing the court of all or any por~ion of the audience, and 1or other purposes.

A bill to amend section 943 of the Code of Georgia, etc.

A bill to authorize the authorities of each town and city

to appoint assessors and for other purposes.



A bill to require County Commissioners in the several counties of this State, and the Ordinaries, where there are no County Commissioners, to keep a register of the public roads, and for other purposes.
. A bill to define who shall Lc exempt frcm jury duty, and for other purposes.
Also, a resolution requiring the Attorney-General binstitute suits against trespassers on public lands of the State.

THURSDAY, OcToBER 8, 1891.

721

The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to authorize the discontinuance of County Courts established by recommendation of the Grand Juries of the C(mnty, and for other purposes.
Also, a bill to rearrange the Flint and Stone Mountain Circuits, etc.
On motion of Mr. Lamb, the Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Brunswick and AltamahaCanal Company, ftnd to grant certain powers and privileges to the same, and for other purposes.
On motion of Mr. Lamb. the report was amended as follows, to-wit:
Amend section 4 by adding to the end thereof, the following: "Provided, That nothing in this act contained shall be construed to affect or change property rights of any person, or persons, or corporations existing prior to the passage of this act, or to revive any title to any canal property which may have been lost by limitation, or by operation of law or otherwise."
Amend section 6 by striking all after the word "lawful" in the sixteenth line, to the words "who shall examine" in the nineteenth line, and inserting in lieu thereof, the following: "For each party to choose an arbitrator, which said two arbitrators shall choose a third, all three of whom shall act, and a judgment of a majority of whom shall be final, subject to the right of appeal hereinafter provided for, and in the event either party declines to choose an arbitrator, upon three days' notice, the Ordinary of the county of Glynn shall appoint such arbitrator for such party, and if said arbitrators cannot agree upon a third arbitrator, the Ordinary of the county of Glynn shall appoint such third arbitrator."
Also, amend said section 6 by striking the words, "such freeholders and" in the twenty-seventh line, and inserting the word "arbitrators" in lieu thereof.
The report, as amended, was agreed to.
46

JOURNAJ. OF THE SENATE.
The bill was read the third time and passed, as amended, ayes 27, nays 0.
On motion of l\Ir. Beck, the resolution of the House to direct the Governor to appoint a Commission to revise and codify all the criminal laws of this State, was taken up under adverse report of the General Judiciary Committee.
l\Ir. Beck moved to disagree to the adverse report, which motion did not prevail.
The ad verse report was agreed to, and the bill was, therefore, lost.
On motioh of Mr. Culver, the bill of the Senate adversely reported by the Committee on "Public Schools, to establish and maintain a uniform series of text-books to be u~ed in all the public schools of this State, and for other purposes, waR taken up.
l\Ir. Culver moved to disagree to the report of the Committee on Public Schools.
Before final action on the motion to disagree to the report, the bill was, on motion of Mr. Culver, laid on the . table.
Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:
Mr. President: Your committee have had under consideration the fol-
lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to incorporate the town of Springvale, in Randolph county, and for other purposes.
Respectfully submitted.
,V. E. CANDLER, Chairman.
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. Pre,sident : Your Committee on Enrollment report as properly en-
rolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:
An act to incorporate the Tobacco Belt and Florida Railroad Company, etc.

THURSDAY, OcTOBER 8, 1891.

723

Also, an act to regulate banks, etc.
Also, an act to amend section 12 of the common school law, etc.
Also, an act to amend sections 5 and 8 of an act to incorporate the South Georgia Bank of Waycross relating to transfer of stock and extent of liabilities, etc.
Also, an act to incorporate the National Guaranty Company.
Also, an act to incorporate the Home Bank, of Atlanta, Georgia.
Also, an act to amend an act amending the charter of the city of West End, approved November 1, 1889, so as to provide as follows: "To require street car companies operating cars with electricity to pave the space between the rails, and six inches nn. the outside of rails, whether they have single or double tracks; to authorize the Mayor and Council to levy an collect an ad valorem tax of threefourths of one per cent. upon the value of all the taxable property in the city.
Also, an act to amend an act to incorporate the 'Vaycross Air-Line Railroad Company, to define its rights, powers, and privileges, etc.
Also, an act to incorporate the bank of Tifton, to confer certain powers thereon, etc.
Also, an act to incorporate the Bank of Commerce and to -define its powers and privileger
Also, an act to amend an act ar- "oved November 11, 1889, to allow guardians to sell the pn.. erty of their wards for reinvestment, to provide the mode of obtaining leave therefor, to regulate the proceedings therein, etc.
Also, an act to incorporate the Transvale Railway Company, and to define its rights, powers and obligations, etc.
Also, an act to amend an act entitled an act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Effingham.
Also, an act to amend section 2626 of the code, which prescribes the manner in which shares in a bank or other corporation may be levied on and sold.
Also, an act to authorize the building and equipping of a

72!

JouR~AL OF THE SENATE.

railroad from Covington, Newton county, Georgia, to theOcmulgee river, to be known as the Covington and Ocmulgee Railroad Company, etc.
Also, an act to amend the charter of the Merchants' and Farmers' Bank, of Hogansville, and to further define its powers.
Also, an act to amend section 3869 of the code, etc.
Also, an act to incorporate the town of Piedmont, in the county of Pike, etc.
Also, an act to incorporate the Atlanta and Manchester Railrvad Company, etc.
Also, an act to amend section 1103 of the code of 1882, so as to fix the number of aides-de-camp, etc.
Also, an act to incorporate the grand lodge of the Independent Order of Good Samaritans and Daughters of Samaria of Georgia.
Also, an act to incorporate the Chalybeate Springs Railroad Company, etc.
Also, an act to incorporate the Jesup and Waynesville Railroad.
Also, an act to incorporate the Planters' Bank, of Americus, etc.
Also, an act to incorporate the Mercantile Bank, etc.
Also, an act to change the name of the State Savings Association, to reduce the capital stock thereof, and provide for its increase, and to give it the powers and privileges of a savings bank.
Also, an act to amend an act entitled a.n act to alter and fix the pay of the County Treasurer of DeKalb county, and also to fix the per diem that shall be allowed the sheriffof said county for board of prisoners in the county jail, approved February 19, 1876, etc.
Also, an act to establish a public school system for the county of Houston.
Also, an act to incorporate the Clegg Banking and Savings Company, with power to do a general banking and savings bank business, and to give certain powers and privileges, etc.
Also, an act to transfer the county of Douglas from the

THURSDAY, OcTOBER 8, 1891.

725

Stone Mountain Judicial Circuit to the Tallapoosa Judicial Circuit, and to change the time of holding Superior Court in said county, etc.
Also, an act to exempt the pensions of Confederate soldiers and widows of Confederate soldiers from garniHhment and all other legal process.
Also, an act to provide for the removal of obstructions from water-courses, and the draining of land in Jackson -coun-ty, etc.
Also, an act to prevent the shooting of fish or fi~hing in the waters of Upson count)', except Flint river.
Also, an act to incorporate the Shipp Banking Company, and for other purposes.
Also, an act to incorporate the Carrollton and Roanoke Railroad Company, to grant certain powers and privileges to the same, etc.
Also, an act to incorporate the Americus Savings Bank, to -confer certain powers ani privileges on the same, etc.
Also, an act for the better protection of game, animals and game birds in the county of Schley, etc.
Also, an act to incorporate the Empire State Bank.
Also, an act to amend an act approved October 29, 1889, prov:iding for the time and mode of perfecting service by publication by striking therefrom certain words.
Also, an act to provide the payment of one hundred dollars to Mrs. Elizabeth Branch, Administratrix, of William H. Branch, an ex-Confederate soldier.
Also, an act to incorporate the Boston and Albany Railroad Company, etc.
Also, the following House resolutions, to-wit:
A resolution for the relief of Mrs. S. G. Hightower, widow of John N. Hightower, deceased.
Also, a resolution requesting the Senators and Repre_ sentatives from Georgia, in the Congress of the Unitt>d State!', to favor legislation strengthening the control and regulation by the Interstate Railroad Commission of through freight and passenger rates, etc.
Also, a resolution for the relief of Julia McConnell.

726

JOURNAL OF THE SENATE.

Also, a resolution for the relief of Mrs. Martha M. Humphries, widow of Ledford Humphries, deceased.
Also, a resolution to pay pension to widow of Richard W. Bell.
Respectfully submitted. R. M. W. GLENN, Chairman.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Jfr. President:
The House has adopted the following resolution, in which they ask the concurrence of the Senate, to-wit:
A resolution to request the Senate to return to the House Senate Bill No. 196.
The House has concnrred in the Senate amendment to. the following bill of the House, with an amendment, to-wit:
A bill to authorize any county to supplement the school fund by local taxation.
The resolution of the House asking that Senate Bill No. 196 was taken up and concurred in.
On motion of Mr. Terrell, Senate bill to prevent combinations or pools of insurance companies or their agents, tending to defeat or lesEen competition, etc., was recommitted with the House amendments to the Finance Committee.
The Senate took up the bill of the House to incorporate the town of Springvale, in Randolph county, read it the second time, and passed it to a third reading.
The Senate took up the report of the Committee on Temperance on the bill of the House to define the term " domestic wines," to provide a penalty for selling or offering other wines in this State claiming the same to be "domestic wines," and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 29, nays 1.
The Senate took up the report of the Committee on Temperance on the bill of the House to change the time for holding the Superior Court of Greene county.

FRIDAY, OcToBER 9, 1891.

727

The report was agreed to. The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to amend the practice in equity as to granting injunctions restraining the cutting of timber for saw-mill purposes, and railroad crossties and bridge timbers for railroad purposes.
The repor':. was agreed to. The bill was read the third time and passed, ayes 29, nays 0.
The Senate having disposed of all business on the desk of the Secretary, adjourned on motion, until10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Friday, October 9, 1891, 10 O'clock A.M.

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

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

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

Beard, Beck, . Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill,

Glenn,

Patton,

Harlan,

Smith of 28th Dist.,

Harp,

Strickland,

Hill,

Terrell,

Hodges,

Todd,

Irvine,

Vincent,

Johnson of 21stDist., Walker,

Johnston of 39th Dist., Warren,

Lamb,

Williams,

McRae,

'Vitcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

Mr. Lamb, Chairman of the Committee on Journals, submitted the following report:

728

JOURNAL OF THE SENATE.

Mr. President:
Your Committee on Journals h.we examined the Journal of yesterday, and report the same correct.
Respectfully submitted.
THOMAS ,V. LAMB, Chairman.

The President declared the Journal approved, in conformity with the foregoing report.

By resolutions, to Colonel J. F. Jordan, ex-State Senator of Jasper county, and to :\fr. J. C. Little, of Louisville, Georgia, the courtesies of the Senate were extended during their stay in this city.

Mr. Smith, of the 28th District, gave notice of his motion to reconsider the action of the Senate on yesterday relating to the bill of the Senate to prohibit the sale or bartering of mtoxicating liquors, etc., in prohibition counties.

The special order was announced, and action on the motion to reconsider was deferred for the present.

~Ir. Johnson moved to displace the special order until 11 o'clock A.M.

On this motion, Mr. Beck demanded the ayes and nays to be recorded.

Those who voted in the affirmative are Messrs.-

Beck, Callaway, Culver, Eason, Ellington,

Hill,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Warren,

McRae,

Witcher.

Nunnally,

Those who voted in the negative are Messrs.-

Beard, Boyd, Cabaniss, Candler, Culpepper, Flint, Gill,

Glenn,

Mullis,

Golden,

Patton,

Harlan,

Smith of 28th Dist.,

Harp,

Strickland,

Hodges,

Vincent,

Johnston of 39th Dist.,Williams,

Lamb,

Zachry.

There are ayes 14; there are nays 2l.

So the motion to displace the special order until 11 o'clock A. M. was lost, and the special order was taken up, to-wit:
The report of the Committee on Railroads on the bill of

FRIDAY, OCTOBER 9, 1891.

729

the House to enlarge the powers of the Railroad Commi:;~ sion, and for other purposes.
The committee reported in favor of its passage by a substitute of the following title, to-wit:
A bill to enlarge the powers of the Railroad Commission, so as to give it supervision of the sales, leases, contracts or agreements of railroads in this State and to provide a penalty and to preserve the benefit of competition, and for other purposes.

Mr. Zachry moved to indefinitely postpone the bill and

proposed substitute and, on this motion, called the previous -.question.

The call was sustained, and the main question was ordered.

On the motion to indefinitely postpone, Mr. Hill demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beard, -Cabaniss, Candler, -cu!pepper, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith of 28th Dist.,

Harp,

Vincent,

Houges,

Walker,

Johnston of 39th Dist., Williams,

Lamb.

Zachry.

Mullis,

Those who voted in the negative are Messra.-

Beck, Boyd, -callaway, Culver, Eason,

Ellington,

Nunnally,

Hill,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Warren,

McRae,

Witcher.

There are ayes 20; there are nays 15.

So the motion to indefinitely postpone prevailed.

Mr. Cabiniss moved that the action of the Senate on this bill be immediately transmitted to the House.
On this motion Mr. Terrell raised the point of order that to transmit any subject-matter to the House, on the day of .action of the Senate thereon, had the effect to cut off the right of re~onsideration, and co11ld not, therefore, be thus transmitted, under the Rules, except by a two-thirds vote.

The point of order was overruled by the PrP,sident, and

730

JOURNAL OF THE SENATE.

the motion to immediately transmit, was submitted to theSenate.

On this motion, the ayes and nays were demanded and recorded.

Those who voted in the affirmative are MessrR.-

Beard, Cabaniss, Candler, Culpepper, Flint, Gill, Glenn,

Golden,

Patton,

Harlan,

Smith of 28th Dist~

Harp,

Vincent,

Hodges,

Walker,

Johnston of 39th Dist., Warren,

I.amb,

Williams,

Mullis,

Zachry.

Those who voted in the. negative are Messrs.-

Beck, Boyd, Callaway, Cnlyer, Eason,

Ellington,

Nunnally,

Hill,

Terrell,

Irvine,

Todd,

Johnson of 21st Dist., Witcher.

McRae,

There are ayes 21; there are nays 14.

So the motion to immediately transmit prevailed.
The following message was received from the House or-
Representatives, through Mr. Hardin, the Clerk thereof:

M'r. President :
The House has passed the following bills, by the requisite majority, to-wit:
A bill to relieve the securities upon the bond given by Captain J. L. Fleming, of the Liberty Independent Troop7 for arms.
Also, a bill to authorize the Railroad Commission to inspect the railroads in this State.
Also, a bill to amend article 2, section 4, paragraph 6 of the /jonstitution of 1877.
Also, a bill to amend article 2, section 4, paragraph 3 of the Constitution.
Also, a resolution for the relief of J. J. Yarbrough of Opelika.
Also, a bill to amend certain road laws of this State. Also, a bill to amend an act approved September 18, 1885:
The House has concurred in the Senate substitute to the

FRIDAY, OcTOBER 9, 1891.

731

following bill of the House, with certain amendments' thereto, to-wit:
A bill to amend, revise ai1d consolidate the laws governing the inspection and analysis and sale of commercial fertilizers and cotton-seed meal.
The House has also passed the following Senate bill, with certain amendments thereto, to-wit:
A bill to authorize the Georgia Southern and Florida Railroad Company to elose and occupy an alley between lots 1 and 2 and 7 and 8 in block 57 in the city of Macon.
Mr. Johnson, Chairman of the Committee on Railroads, . submitted the following report:
Mr. President:
Your committee have had under consideration the followi~g Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend an act entitled an act to regulate the hours of trainmen on railroads in this State; to provide a penalty for the violation of the same; and for other purposes.
Also, the following Senate bill, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Atlantic and Northwestern Railroad Company, and for other purposes.
Respectfully submitted. RicHARD JoHNSON, Chairman.
Mr. Callaway, Chairman Committee on Special Judiciary,. submitted the following report:
Mr. President :
Your committee have had under consideration the fol~ lowing House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to locate the office of Tax-CoL lector of Laurens county, and for other purposes.
Also, a bill to be entitled an act to provide for the registratipn of voters at municipal elections in the city of Ma-

732

JOURNAL 01<' THE SENATE.

con; to fix the time, place and manner in which such registration and election shall be had, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr. Candler, Chairman Committee on Corporations, sp.bmitted the following report:

.lfr. President:

Your committee have had under consideration the follow-

ing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to amend an act entitled an

act to incorporate the North Georgia Telegraph Company, to define its duties and powers, and for other purposes.

Respectfully submitted.

,V. E. CANDLER, Chairman.

Mr. Glenn, Chairman Committee on Enrollment, submitted the following report:

Mr. President : Your Committee on Enrollment report as properly en-
rolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:
An act to incorporate the Tifton and Northeastern Railroad Company, to grant certain powers, rights and priYileges to said corporation, and for other purposes.
Also, an act to incorporate the town of \Vhitehall.
Also, an act to authorize the city of Atlanta to open and extend Alabama street from the central portion of the said city westerly through property of the State, subject to the rights of the Western and Atlantic Railroad.
Also, an act to incorporate the Bank of Rockdale in the city of Conyers, and for other purposes connected therewith.
Also, an act to appropriate money for renovating portraits of distinguished Georgians and others, and for placing the same in the Hall of the House of RepresentatiYes.
Also, an act to further carry into effect paragraph 1 of section 2 of article 4 of the Constitution of the State, etc.
Also the'following House resolution, to-wit

FRIDAY, OCTOBER 9, 1891.
A resolution to pay W. J. Houston the sum of four hundred dollars for services rendered in investigation of betterments before the special committee.
Respectfully submitted. R. M. W. GLENN, Chairman.
Mr. Glenn, Chairman Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment report as properly enrolled and ready for the signatures of the President and Secretary of the Senate the following bill, to-wit:
An act to amend the charter of the city of Bainbridge, Decatur county, so as to authorize the said city to remove nuisances, or other things detrimental to the health and interests of said city, and for other purposes.
Respectfully submitted. R. M. W. GLENN, Chairman.
The following bills of the House were read the first time and referred as indicated, to-wit :
A bill to amend an act approved September 18, 1~, to provide for preventing the evils of intemperance by local option, etc.
Referred to the Committee on Temperance.
A bill to authorize the Railroad Commission of Georgia to inspect the railroads in this State, and for other purposes.
Referred to the Committee on Railroads.
A bill to alter and amend article 2, section 4, paragraph 3 of the Constitution of this State, etc.
Referred to th'3 General Judiciary Committee.
A bill to alter and amend article 2, section 4, paragraph 6 of the Constitution of the State, et.c.
Referred to the General Judiciary Committee.
A bill to amtnd the road laws. Referred to the General Judiciary Committee.
A bill to relieve securities upon the bond of Capt. J. L. Fleming, deceased, for arms and accoutrements belonging

734

JOURNAL OF THE SENATE.

to the State, from their obligations on said bond, and for . other purposes.
-Referred to the Committee on Finance.
A resolution for the relief of J. J. Yarbrough, of Opelika, Alabama.
Referred to the Committee on Finance.
The following bills of the Senate were read the second time and passed to a third reading, to-wit:
A bill to amend an act to regulate the hours of .labor of trainmen in this State, etc., approved August 31st, 1891. and for other purposes.
A bill to amend an act to incorporate the North Georgia Telegraph Company.
Also, a bill to incorporate the Atlantic and Northwestern Railroad Company, and for other purposes.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize the discontinuance of County Courts established by recommendation of the grand juries of the county, and for other purposes.
The committee reported in favor of its passage, with an . amendment, which was adopted,_ and the report was agreed to.
The bill was read the third time and passed, as amended, .ayes 24, nays 0.
.-.. On motion of Mr. Warren the amendment of the House to the amendment of the Senate to the bill of the House to provide for local taxation by counties for the support of common schools, and for other purposes, was taken up and concurred in.
The Senate took up and concurred in the amendments of the House to the bill of the Senate to authorize the Georgia Southern and Florida Railroad to close and occupy an alley between lots Nos. 1 and 2 and 7 and 8 in block 57 in the city of l\Iacon, etc.,
The Sen.ate. took up the report of the General Judiciary Committee on the bill of the Senate to rearrange the Flint _a!ld Stone Mountain Circuits, etc.

FRIDAY, OcTOBER 9, 1891.

735

The committee reported in favor of its passage by substi. -tute, which was adopted, and the report was agreed to.
,. _ The bill was read the third time, and passed, as amended, by substitute, ayes 23, nays 0.
-. This bill was ordered to be immediately transmitted to the House.
The Senate took up the report of the General Judiciary ~ommittee on the bill of the House to authorize the author-ities of each town and city to appoint assessors, and for ~ther purpo:>es:
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to amend section 943 of the -Code of Georgia, providing for the selection by the Governor -~f Banks in certain cities as State depositories, so as to add the city of waycross, 'Vare county, to the list of such
~ities.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
. The bill was read the third time, and passed, as amended, ,ayes 26, nays 0.
The Senate took up the report of the Qommittee on Cor _porations on the bill of the House to incorporate the town ~f Springvale, in Randolph county, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 25 nays 0.
The bill of the House to amend an act to levy and colleCt a tax for the support of government, etc., fo; the years 1_891 and 1892, approved December 26, 1890, came up in its ~rder, and on motion of Mr. Candler, was laid on the table.
The Senate took up the report of the General J udiciarv <Jommittee on the resolution of the House requiring th.e Attorney-General to institute suit against trespassers on the .J?u~lic lands of the State.
J'ht:l committee reported in favor of its passage, with an

736

JoURNAL OF THE SENATE.

amendment, which was adopted, and the report was agreed to.
The resolution was read the third time and concurred in~ as amended, ayes 27, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to require the County Commissioners in the several counties of this State, and the Ordinaries in counties where there are no County Commissioners, to keep a register of the public roads, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize Judges of the Superior Courts of this State, in any case of seduction or divorce, or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 27,. nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to define who shall be exempt from jury duty, and for other purposes.
The committee reported in favor Qf its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 24, nays 0.
The bill of the House to amend, revise and consolidate the laws governing the inspection, analysi!'l and sale of commercial fertilizers, chemicals and cotton-seed meal, and for other purposes, which passed the Senate, by substitute. and was returned from the House with the substitute of the Senate amended, was taken up and made the special order for Monday, October 12, at 11 o'clock A.M.
By resolution, the Hon. Geo. R. Brown of Canton, the Hon. H L. Patterson of Cumming, and the Hon. R. Falli-

SATURD.A.Y, OcTOBER 10, 1891.

737

gant of Savannah we-re extended the courtesies of the Senate during their visit to this city.
Leave of absence was granted Mr. Lane and Mr. Smith, of the 6th District, to take effe-ct from the 7th ins~nt, for a few days on important business.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Saturday, October 10, 1891, 10 O'clock A.M.

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

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

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

Beck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver,
E~Json,
Ellington,
l<"li~t,
Gill, Glenn,

Golden,

Smith of 28th Dist.,

Harlan,

Strickland,

Harp,

Terrell,

Hill,

Todd,

Hodges,

Vincent,

Irvine,

Walker,

Johnston of 31nh Di>t., Warren,

Lamb,

Williams,

McRae,

Witcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

Patton,

Mr. Lamb, Chairman of the Committee on Journals, submitted the following report:
Mr. President:

Your Committee on Journals, having examined the Journal of yesterday, report the same correct.
Respectfully submitted. THOMAS W. LAMB, Chairman.

In pursuance of the foregoing report, the President declared the Journal approved.
47

738

JoURNAL OF THE SENATE.

The following bills of the House were read the second time and recommitted:
A bill to make an appropriation to pay Hon. Clifford Anderson for services rendered the State.
A bill to guarantee the right of hearing on all cases of bills of exception in the Supreme Court.
A resolution for the relief of J. J. Yarbrough of Opelika, Ala.
A bill to relieve the securities of Capt. J. L. Fleming, deceased.
A bill to alter and amend article 2, section 4, paragraph 6 of the Constitution of the State, etc., and for other purposes.
A bill to alter and amend article 2, section -4, paragraph 3 of the Constitution of this State, etc., and for other purposes.
A hill to render all legal publications of notices, ci tations, advertisements, etc., notwithstanding the number of days between the first publication and the tel"m or day on which the order is granted or the sale takes place.
A bill to amend section 462.5(e) of the Code.
A bill to amend certain road laws.
The bill of the House to provide for payment of persons entitled to money received by the State of Georgia from the United States under the act appr(,~ed March 2,1891, refunding the direct tax collected under the act approved August 5, 1861, and for other purposes, was read the second time and passed to a third reading.
The bill of the Senate to make the Raiiroad Commissioners of Georgia elective by the people was read the second time and recommitted.
The bill of the House to amend an act approved September 18, 1885, to provide for preventing the evils of intemperance, etc, was read the second time and recommitted.
Also, a bill of the House to authorize the Railroad Commission to inspect the railroads in this State.
Mr. Terrell, Chairman Committee on Finance, submitted the following report:

SAT"CRDAY, OcTOBER 10, 1891.

739

Mr. President :

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

A bill to be entitled an act to provide for the payment to the persons entitled thereto of the money received by the State of Georgia from the United States under the act approved March 2, 1891, refunding the direct tax collected under the act approved August 5, 1861, etc.

Respectfully submitted.

.T. M. TERRELL, Chairman.

Mr. Callaway, Chairman Committee on Special Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be. entitled an act to change the time of holding the Superior Court of Bryan county.
Respectfully submitted.
E. H. CALLAWAY, Chairman.

Mr. Glenn, Chairman of Committee on Enrollment, submitted the following report:
Mr. Pre8ident:
Your Committee on Enrollment report as properly enrolled and ready for the signatures of the President and Secretary of the Senate the following Senate bill, to-wit:
An act to authorize the Georgia Southern and Florida Railroad to close and occupy an alley between lots 112 and 7 and R in block 57 in the city of Macon, etc.
Respectfully submitt.ed.
I:L .1\I. w. GLEXX,
Chairman Committee on Enrollment.
The Senate took up the report of the Committee on Railroads onthe bill of the Senate to amend an act to regulate the hours of labor of trainmen. on railroac!s in this State, and for other purposes, approved August 31; 1891, etc., aqd for other purposes.

74U

JouRNAL oF 'fHE SENATE.

The report was agreed to. The bill was read the third time and passed, ayes 26,. nays 0. On motion of 1\lr. Todd, this bill was ordered to be immediately transmitted to the House. The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend an act to incorporate the North Georgia Telegraph Company, and for other purposes. The report was agreed to. The bill was read the third tima and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the Senate to incorporate the Atlantic and Northwestern Railroad Company, and for other purposes.
The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 24, nays10.
The following message was recei vcd from the House of Representatives through Mr. Hardin, the Clerk thereof:
Jfr. President: The House has concurred in the Senate substitute, with
an amendment, for the following bill of the House, to-wit:
A bill to prohibit physicians and prescription clerks in a drug establishment from pursuing their profession or calling who may become intoxicated from the use of liquors or opiates.
The House has passed the following bills of the House by the requisite majority, to-wit:
A bill to authorize the building of court-houses in the several militia districts of the counties of this State.
Also, a bill to prescribe the time of resiQ.ence in this State of applicants for divorce.
Also, a bill to further carry into effct paragraphs 1, 2,.

SA'tURDAY, OcTOBER 10, 1891.

741

and 3 of section 1 of article 10 of the Constitution, for t'he better organizing, efficiency, etc., of the volunteer forces:
Also, a bill, to provide for the completion of a roster of Georgia troops in the Confederate army, to provide a sum of money sufficient for that object, etc.
Also, a bill to protect insane persons in their postal right.s.
Also, a bill to incorporate the Merchants and Farmers Bank of Americus.
The House has adopted the following resolution, in which they ask the concurrence of the Senate :
A resolution to require the Attorney-General to examine into the validity of certain bond~;~.
The House has also passed the following bill :
A bill to amend an act to lay out a new county from the counties of Union and Gilmer.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to in~orporat'e the town of Sharpsburg, in the county of Coweta, .approved' December 13, 1871, and to define who are quali.fied voters in said town, etc.
The report was agreed to.
The bill was read the third time and passed, ayes 28; naysO.
The bill of the Senate, No. 215, to make railroad companies liable for damages, etc., in certain cases was taken up and' laid on the table.
The following billfl of the House were read the first time -and referred, as'indicated:, to-wit:
A bill to prescribE\ the time of residence in this State of applicants tor diVorce, and to repeal conflicting laws.
Referred to the General Judiciary Committee.
A bill to authorize the building of court-houses in the several militia districts of this State.
Referred to the General Judiciary Committee.
A bill to further carry into effect paragraphs l, 2' and 3 of section 1 of article 10 of the Constitution of Georgia, etc
Referred to the Committee on Military_ Affairs.

742

JOt;R!'iAL OF THE SENATE.

A bill to provide for the co.npletion of a roster of Georgia troops in the Confederate army, etc.
Referred to the Committee on Military Affairs.
A bill to amend an act to lay out and organize a new county from the counties of Union and Gilmer, approved January 21, 1854.
Referred to the General Judiciary Committee.
A bill to incorporate the Merchants' and Farmers' Bank of Americus, Ga., and for other purposes.
Referred to the Committee on Banks.
A bill to protect insane persons in their postal rights.
Referred to the Committee on the Lunatic Asylum. A resolution to require the Attorney-General to examine into the status of certain bonds referred to in House Bills Nos. 626 and 627 and report to the next General Assembly.
Referred to Committee on Finance.
The President announced the following committee toYisit the Savannah River Association at Augusta, to-wit:
Messrs. Smith of the 28th District, Terrell, Irvine, Hill, Callaway, Ellington, Cabaniss, Mullis, Beck, Warren.
The Senate took a reces<~ until five minutes of 11 o'clock A. 111.
At this period the Senate was called to order, and Mr. Terrell, Chairman of the Committee to Draft and Report Resolutions on the Death of the Hon. Maston O'Neal, Senator from the 8th District, submitted the following report:
Mr. President:
Your committee appointed to draft suitable resolutions upon the death of our distinguished colleague, the HonMaston O'Neal, Senator from the 8th District, beg leave to. submit the accompanying resolutions.
Respectfully submitted. J. M. TERRELL, Chairman.
WHEREAS, The Senate of Georgia has heard with feelings of unaffected grief the announcement of the death of Hon. Maston O'Neal, Senator from the 8th District;
Resolved, That in the loss of our late associate we deplore an able anJ em nest cuunsclm, whose scrvice8 in this body

. MoNDAY, OcTOBER 12, 1891.

743

were given with energy, intelligence, sagacity and courage to what seemed to him the best interest of Georgia; and for his supreme and undaunted devotion to duty, and his unswerving loyalty to his convictions, we desire to testify our unaffected condolence with his family, his constituents and his State.
Resolved further, That in the death of our able colleague his State loses a model Senator, his constituents a faithful servant, his acquaintances a true and valuable friend, and his family a devoted husband and father.
Resolved further, That the Secretary of the Senate be directed to present this public expression of the sorrow felt by this body in its loss to the family of the deceased.
Resolved further, That, as an additional mark of respect to the memory of the deceased, the Senate, at the conclusion of these memorial proceedings, shall stand adjourned.
After eulogies upon the character and life of Senator O'Neal, the foregoing resolutions were adopted by a unani: mous and rising vote, and the President pro tem. declared the Senate adjourned, by virtue of said resolutions, until 10 o'clock A. M., Monday morning next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, October 12, 1891, 10 O'clock A.M.

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

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

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

Beck, Boyd, Cahan iss, Callaway, Candler, Culpepper, Culver,
F~on,
El 'Pbrton

Golden,

Smith of 28th Dist.,

Harlan,

Tatum,

Harp,

Terrell,

Hill,

Todd,

Irvine,

Vincent,

Johnston of 39th Dist.,Walker,

Lamb,

Warren,

T.anier,

Williams,

MeRat',

\Vil.clPr,

.JOURNAL OF 'PHE SENA'l'E.

Flint, Gill, Glenn,

Nunnally, O'Neal, Patton,

&chry, Mr. President.

Mr. Lamb, Chairman of the Committee on Journals, submitted the following report:

Jfr. President :

Your Committee on Journals, illtving ex-a;mined the Journal of Satul'day,- report the same as correct.

R-espectfully sUbmitted.
TH'OMAS LAMB,
Chairman Com-mittee on Journals.

The President decl-a;red the Journal approved, by virlU'e of a res<'>lution of the Senate and in pursuance of the foregoing report.

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

Mr. President:

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

A bill to change the tel'ms of Irwin Superior Court, and for other purposes.

Also, a bill to prescribe the method of granting charters ~or banking corporations in this State.

Also, a bill to provide for incorporating railroads in this State.

Also, a bill to appropriate the sum of two hundred and six dollars and thirty-five cents to S. R. Murphy to pay balance of salary as inspector of fertilizers.

Also, a bill to protect primary elections in this State, and to prevent frauds thereat.

Also, a bill to fix the bonds of all Tax-Collectors in counties in this State having a population of 30,000 or over, and to require Tax-Collectors to make more frequent settlements with the Comptroller-General.

The House has also adopted the following resolution, in which they ask the concurrence of the Senate:

A resolution to appropriate certain slims of money to the persons named therein.

The following message was received' from the Governor,

MONIYAY, OCTOBER 12; 1891.

745

-tlmmgh Mr. W. H-. Harrison-, Secretary of the Executive mpritment:
.Mr. President :
Th'e G'O'vernor has approved thefollowlng acts of tne Gen~ral Assembly, to-wit:
to An lict incorporate the Exchange Bank of Fotsyth.
Also, an act to amend the charter of the city of Atlanta
with rega:rd to the duty and liability of the street railroad
--e6ffipllnies in the matter of street paving, etc
Also, an act to prohibit any person or persons from hunt-
ing or fishing on the- lands of another in the county of Cof-
fee, efu.
Also, an act to amend the charter of the city of Bainbi'idge; approved March 12; 1866.
Also, an act t:o amt!nd the charter of the city of Bain-bridge, so as to authorize said city to removo nuisances or other things- detrimental to- the- health and interests of said
city.
Also-, an act to :provide for the renewing or repa'iring any pavements now laid; or to be laid, in any city in this State, having a population of more than twenty thousand.
Also, an act to- incorporate- the Georgia Savings Bank.
~lso, an aet to incorporate the Mutual Building Loan :and' Land Association of Georgia.
A-lso; an-act to- amend-the charter of the town of- 'Fybee.
On motion of Mr-. Cabaniss; the following bills of the House were read the second time and recommitted :
A bill to amend an act to lay out and organize a new county from the counties of Union and Gilmer, approved January 21, 1854.
A bill -to prescribe the time of residence in this State -()f applicants for divorce, and to repeal conflicting laws~
.Mso, a bill to authorize the- building of courthouses in the- several militia districts of this State, and to authorize the levyin~ a tax- for such purpose.
The Senate took up and refused to concur in the House .alrti~dnientif to t'he amendments o-f the Senate to- the bill ~f the House, ''To prohibit physicians and prescrip tion

746

JOURNAL 01<' THE ::;ENATE.

clerks in a drug establishment from practicing their profession or calling while intoxicated by liquors or opiates, and to prescribe a penalty."
The following bills of the House were read the first time and referred, as indicated, to-wit:
A bill to prescribe the method of granting charters for banking companies, etc.
Referred to the Special Joint Committee on Charters. A resolution to appropriate certain ~urns of money to the. persons named in this resolution.
Referred to the Committee on Finance. A bill to fix the bonds of all Tax-Collectors in counties ~n this State having a population of 30,000; to require such Tax-Collectors to make more frequent settlements with the Comptroller-General and the county authorities.
Referred to the Committee on Finance. A bill to provide for incorporating railroads in thi:; State, ete. Referred to the Special Joint Committee on Charters. A bill to change the terms of Irwin Superior Court, and for other purposes. Referred to the Special Judiciary Committee. A bill to appropriate the sum of two hundred and six and-flo dollars to S. R. Murphy to pay balancP. of salary due to him as Inspector of Fertilizers, and for othtr purposeo;..
Referred to the Committee on Finance.
A bill to protect primary elections in this State, and to prevent frauds committed thereat.
Referred to the General Judiciary Committee. Mr. Terrei.l, Chairman of the Committee on Finance submitted the following report:
Mr. President: Your committe~ have had under consideration the fol-
lowing Senate resolution, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A resolution to authorize the Assistant Attorney-General~. to emplo_y a ~<teuographer.

MoNDAY, 'OcToBER 12, 1891.

747

Also, a joint resolution from the House, which they recommend do not pass, to-wit:

A resolution for the relief of J. L. Cruse, of the county of Forsyth, and for other purposes.

Also, the following House resolution, which they recommend do pass, to-wit:

A resolution for the relief of J. J. Yarbrough, of Opelika, Alabama.

Also, the following House bill, which they recommend do pa:s, to-wit:

A bill to relieve securities upon the bond given by Capt. .J. L. Fleming, deceased.

Also, the following bill, which they recommend concurrence in House amendment to section 1, and to amendment to section 2, as amended, to-wit:

A bill to prevent combinations or pools of insura~ce companies, or their agents, tending to defeat or lessen com-. petition, etc.

Respectfully submitted.

J. M. TERRELL, Chairman.

~Ir. Williams, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President:
Your committee have had under consideration thefollowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for the completion of a roster of Georgia troops in the Confederate army, etc.
Also, a bill to further carry into effect paragraphs 1, 2 and 3 of section 1 of article 10 of the Constitution of Georgia, and to provide for the better organization,efficiency, etc., of the voluntary forces or ac:tive militia of this State etc.
Respectfully subrilitted. P. W. WrLLIAl<IS, Chairman.

Mr. Callaway, Chairman Committee on Speci.al Judiciary submitted the following report: Mr. President:
Your committee have had under consideration the fol-

JouRNAL oF THE SENA"TE.
lowing Senate bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to be entitled an act for the protection of game in Floyd county.
Respectfully submitted. E. H. CALLAWAY, Chairman.
Mr. Irvine, Chairman pro tem. Committee on Rail'toads, s\i.bnritted the following report :
Mr. President: Your committee ha,'e had under consideration the fol-
lowing Senate bill, which they instruct nie to report back, ~lfhlthe recommendation that the same do not pass, to-wit:
A bill to make the Railroad Commil;!si'onera of the State of Georgia elective by the people, etc.
Also, the follo\vi'ng Senate bill, which they instruct me
to'report back, with the recoinmendatioti that the author
have leave to withdraw the same, to-wit: A bill to carry into effect paragraph 4 of section 2 of
article 4 of the Constitution of this State, and to define \thli~ cohtracts and agreements are contrary to th'e same, and to protect the people thereof against monopoly and secure the benefits of competition.
ltespectfully submitted. lRVINJ!:, Chairman pro te-m.
~i. Callaway, Chairman pro teni. Committee on Banks, sttbmitted the following report :
Mr. President: Your committee have had under consideration the follow-
ing House bill, which they instruct me to report back, with the recommendation that the same do paes, to-wit:
A bill to be entitled an act to inuorporate the Merchants' and FarmElrs' Bank of Americus, Georgia, and for other purposes.
:R~spectfully submitted'. E. H. CALLAWAY, Chairman protem.
'Jhe Senate took up the report of the Special Judiciary

MoNDAY, OcTOBER 12, 1891.

Committee on the bill of the Senate for the protection of game j;n Floyd county.

Proof of legal notice was submitted.

The comrnitte~ 1."eport.e~ in favor of its passage with an amendment, which was adopted and the report was a~ to.

The bill was read the third time and passed, as amend~, ayes 29, nays 0.

On motion of Mr. Terrell, the report of the Finance C,Qrp-

mittee on amendments of the House to the bill of the Sen-

ate to prevent combinations or pools of ir.surance compa-

nies or their agents tending to defeat or le~sen competition,

etc., were taken up.

'

The committee recommended the following amendm~nt to the amendments of the House, viz.:
Amend the Hou~e amendment to section 2 by f;triking out the words, "or who has any individual cause of complaint."

This amendment was adopted and the amendments of the Honse, as amended, were concurred in, and the action of the Stmate ~as ordered to be immediately transmitt.e4 to the House.

The Senate took up the report of the Finance Committee on the bill of the House to relieve securities on the bond of Captain J. L. F~emipg, rleceased, for arms and ~outre menta belonging to the St~te, etc.

The report was agreed to.

The bill was read the third time and passed, ayes 27, nays 0.

On motion of Mr. Candler, the Senate took up the recpn-
sidered hill of the House to amend an act to levy and col-
lect a tax for the support of the State government, etc., fpr the fiscal years 1891 and 1892, and for other purposes, ~p proved Dece.rpber 26, 1890.

The committee reported in favor of its passage with amendments which were adoptea.

On motion of Mr. Camller, the report was amended by striking the words:" two hundred" wherever they occur ~nd
insert the words, " one hundred."

. 750

JoURNAL OF THE SENATE .

The report, as amended, was agreed to. The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beck, Boyd, Cabanies, Candler, Callaway, Culpepper, Culver, Ellington, Flint,

Gill,

Patton,

Harlan,

Smith of 28th Dist.,

Harp,

Strickland,

Hill,

Tatum,

Irvine,

Terrell,

Johnston of 39th Dist., Warren,

Larub,

william~,

Lanier,

Witcher,

McRae,

Zachry.

Nunnally,

The one Yoting in the negative is Mr.-

Vincent.
There are ayeR 28; there are nays 1.
So the bill was passed, as amended, by a constitutional
majority.

1\Ir. Todd was by unanimot~s consent excused from Yoting on this bill.

The Senate took up the report of the Finance Committee on the resolution of the House for the relief of J. J. Yar-

brough, of Opelika, Ala.

The report was agreed to.

The bill was read the third time, and on the question of

its pasf'age the ayes and nays were recorded.

Those who voted in the affirri1atin are l\Iessrs.-

Bcck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Eason, Ellington, .Flint, Gill,

Glenn,

Smith of 28th Dist.,

Harlan,

Strie_kland.,

Harp,

Tatum,

Hill,

Terrell,

.Tohnstonoi 39th Dist., Todd,

Lamb,

Yincent,

Lanier,

\Varren,

.1\IcRae,

william~,

Nunnally,

"Witcher,

Patton,

Zachry.

The one voting in the negative was l\Ir.-

Irvine.

There are ayes 30 ; there are nays 1.

MoNDAY, OcTOBER 12, 18!H.

751

So the resolution was concurred in by constitutional majority.
At the hour of 11:30 o'clock the President announced the special order, to-wit: The ainendment of the House to Senate substitute for bill of the House to amend, revise, and eonsolidate the laws governing the inspection, analysis, and sale of commercial fertilizers, chemicals and cotton-seed meal, and for other purposes.
The Senate, on motion of Mr. Zachry, concurred in said .amendments 0f the House to the substitute of the Senate.

On motion of Mr. Terrell, the Senate took up the report of the Finance Committee on the resolution of the Senate to authorize the Assistant Attorney-General to employ a stenographer.
The committee re~ommended that the resolution be amended by striking out "seventy-five dollars," and inserting in lieu thereof" fifty."
The amendment was adopted and the resolution was agreed to, as amended, :~yes 24, nays 1.
The Senate took up the report of the Committee on Finance on the bill of the House to proYide for the payment to the persons entitled thereto of the money received by the State of Georgia from the United States under the act approved :\larch 2, 1891, rPfunding the direct tax collected un.der the act approved August 5, 1861, and for other purposes.
On motion of Mr. Cabaniss, the bill was amended by inserting in the sixteenth line of the third section, after the words, " legal rcpresentati vcs," the words, "or heir or heirs, if there be no legal representative."
The report, as amended, was agreed to.
The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who vote(l in the affirmative arc l\Icssrs.-

Beck, Boyd, Cabaniss, Callaway. Candler, Culpepper, Culver,

Gill,

f:;mith of 28th Dist.,

Glenn,

Strickland,

Harlan,

Tatum,

Harp,

T('rrell,

Hill,

Todd,

In-ine,

Yincent,

.Johnston of 3flth Dist., 'Varren,

752

JOURNAL OF -THE 1::\ENATE.

}4son,
Ellington, Flint,

Lamb,
Lanier,
McRae, Patton,

Willi~,
Witcher, Zacl:lry.

There are ayes 31 ; there are nays 0.

So the bill was p_aseed by a constituti.onal ;majority.

The Se;nate took ~p the report of the Com;mittee op ~1- roads on the bill of the Senate to mak.e railroad comp~ilie.s. doing busines3 in Georgia liable in damages in all cases

for the death or personal injury of any person cau.sed by



the wilful misconduct or negligence of any officer, agent or employee of such company, etc., and for other purpos~.

The committee reported in favor of its passage, with ap amendment, and the report was agreed to.

The bill was read the third time and lost, for want of a. constitutional majority, there being ayes 13, nays 11.

The following bills of the House were read the secQp.d time and passed to a third reading, to-wit:

A bill to further carry into effect paragraphs 1, 2 and 3 of section 1 of article 10 of the Constitution of Georgia, etc.

A bill to provide for the completion of a roster of Georgia troops in the Confederate army, etc.

And, a bill to incorporate the :Merchants' and Farmers' Bank of Americus, Ga., and for other purposes. .

The Senate having disposer! of all busine5s on the desk of the Secretary, adjourned, on motion, until 10 o'clock

A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 13, 1891, 10 O'clock A.M.

The Senate met pursuant to adjournment, the PrE>sident

in the chair.

Prayer was offered by the Rev. John JoneR, D. D., Chap-

lain of the Senate.

On the call of the roll, the following Senators answered

to their names:

Beard, Beck,

Golden, Harlan,

Smith of 6th Diat., Smith of 28th Dist.

TuEsDAY, OcTOBER 13, 1891.

753

Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill, Glenn,

Harp,

Strickland,

Hill,

Tatum,

Hodges,

Terrell,

Irvine,

Todd,

J ohnstun of 39th Dist., Vincent,

Lamb,

walker,

Lane,

'Varren,

Lanier,

'Villiams,

McRae,

'Vitcher,

Mullis,

Zachry,

Nunnally,

Mr. President.

Mr. Lamb, Chairman of the Committee on Journals, submitted the followin~ report:

Mr. Pr-esUknt:
Y<mr Committee on Journals, having examined the Journal of yesterday, report the same correct.
Respectfully submitted. THOl\IAS W. LAJ\IB, Chairman,

The President, by virtue of a resolution of the Senate and the foregoing report, declared the Journal of yesterday approved.
Mr. Hodges moved a reconsideration of the bill of the House to amend an act to levy and collect a tax for the support of the State government, etc., for the fiscal years 1890 and 1891, approved December 26, 1890.
This bill having been reconsidered on a previous day, the President declared the motion to reconsider out of order.

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

Mr. President:
The House has passed the following bill of the Senate by requisite constitutional majority, to-wit:
A bill to require the Railroad Commission to fix the rate of storage charged by railroads.
Also, the following Senate bill, as amended, to-wit: A bill to alter and amend section 1978 of the Code of 1882. Also, a bill to authorize street railroad companies to sell
4S

754

JOURNAl. OJ<' THE SENATE.

to, and contract with, each other subject to certain limitations.

Mr. Candler, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:

Your committee have had under consideration the following House bill, which they instruct Ine to report back, with the recommendation that the same do not pass, to-wit:

A bill to be entitled an act to incorporate the town of Nickleville, in the county of Walton.

Respectfully submitted. W. E. CANDLER, Chairman.

Mr. Nunnally, Chairman of the Committee on Lunatic Asylum, submitted the following report:
Mr. Pre.~ident:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to protect insane persons in their postal rights.

Respectfully submitted. .J. E. NuxxALLY, Chairman.

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

Mr. Pre1<ident :
Your committee have had under consideration the following House bill, which they instruct me to report back with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to amend an act approved

Septen.ber 18, 1885.

Respectfully submitted.

R. H. LANIER, Chairman.

Mr. In-ine, Chairman pro tem. Committee on Railroads, submitted the following report :
Jfr. Pm3ident:
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-li'it:

TuEsDAY, OcTOBER 13, 1891.

755

A bill to authorize the Railroad Commission of Georgia to inspect the railroads in this State, etc.

Also, a bill to confer on the Railroad Commission jurisdiction as to storage of freights in depots and charges on the .same, etc.

Respectfully submitted.

IRVINE, Chairman protem.

Mr. Terrell, ChairmaniCommittee on I<'inance, submitted the following report :

Mr. President :

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

A resolution to appropriate certain sums of money to the persons named in this resolution.

Also, a resolution to require the Attorney-General to examine into the status of certain lands referred to in House bills Nos. 626 and 627, and report to the next General Assembly.
Respectfully submitted. J. M. TERRELL, Chairman.

Mr. Glenn, Chairman Committee on Enrollment, submitted the following report :

1lfr. President:

Your committee report as properly enrolled, signed by the Speaker of the House and the Clerk thereof, and ready for the signatures of the President of the Senate and the Secretary thereof, the following House acts, to-wit:

An act to amend an act to make second term after suit is brought in Justice's Court trial term in certain ca,es.

Also, an act to amend section 4250 of the Code of Georgia.

Also, an act to change the time for holding the Superior Court of Greene county.

Also, an act to authorize county authorities to hire out misdemeanor convicts, and to provide for the distribution of the money arising therefrom, and for other purposes.

Also, an act to protect game in the State of Georgia during certain seasons, and for other purposes.

756

JoURNAL OF THE SENATE.

Also, an act to set apart the first Monday in September of each year as a legal holiday, to be known as "Labor Day."
Also, an act to confer police powers on the conductors, motormen and drivers of .street railroad companies in this State, and for other purposes.

Also, an act for the protection of game in the county of

Hancock ; to provide a penalty for the violation of the

same, and for other purposes.

Also, an act to amend House Bill 244, the same being an

act amending an act to create a Board of Commissioners of

Roads and Revenues for the county of DeKalb.

'

Also, an act to require common carriers to trace freight, and for other purposes.
Also, an act to amend the laws incorporating the city of ::\Iilledgeville, and for other purposes.

Also, an act to amend an act assented to in 1803, and all acts amendatory thereof, so as to change and alter the southern boundary of the city of Milledgeville.
Also, an act to amend an act to levy and collect a tax for the support of the State government, approved December 26, 1890.

Also, an act to incorporate the Southern Street Railway Company, and for other purposes.

Also, an act to define the term " domestic wines ;" to provide a penalty for selling or offering other wines in this State, claiming the same to be " domestic wines," etc.

Also, an act to amend the prrctice in equity as to granting injunctions restraining the cutting of timber for sawmill purpose;;; and railroad cross-ties and bridge timbers for railroad purposes.

Respectfully submitted. R. M. W. GLENN, Chairman.

Mr. Ellington introduced the following resolution, which was taken up, read and unanimously agreed to, to-wit:

Resolved, That we learn with regret that the mother of the Hon. Henry A. Bennett, Senator from the 3d District, departed this life on October 3d, and, also, that his father is now very low and not expected to live.

TuESDAY,. OcTOBER 1:>, 1891.

757

The;efore, be it further resolved, That we extend to our colleague and friend, the Hon. Henry A. Bennett, our heartfelt sympathy and condolence in his bereavement and sore .affliction, and we trust that an all-wise and merciful Providence may see fit to spare his father to him a while longer in restored hPalth.
Resolved further, That a copy of these resolutions be sent the Hon. H. A. Bennett by the Secretary of the Senate.
The bill of the House to protect insane persons in their postal rights, was taken up under adverse report of the .Committee on the Lunatic Asylum.
Mr. Williams moved that the Senate disagree to such report.
The motion prevailed and the report was disagreed to.
On motion of Mr. Cabaniss, the bill was taken up, read the second time and passed to a third reading.
The resolution of the House for the relief of J. L. Cruse of the county of Forsyth, and for other purposes, was taken up under adverse report of the Finance Committee, and lost by agreement with said report. -
Mr. \Varren introduced a resolu"tion asking the return of a bill to the Senate from the office of the Secretary of State, which was taken up, agreed to, and ordered to be immedi,ately transmitted to the House.
The following message was received from the House of Representatives, through Mr. Hardin, the Clerk thereof:
Jfr. President:
The House has passed the following bill by the requisite majority, to-wit:
A bill to prohibit the dumping of carcasses in the streams -of this State, and to provide a penalty.
Also, a bill to provide for the appointment of two assist.ants for the State Chemist, and provide apparatus.
Also, a bill to be entitled an act to amend an act making -appropriations for the support of the State Government, tc., approved December 26, 1890.
Also, a bill to make editors of newspapers responsible for .all cards or communications over non de plwnus.

758

JOURNAL OF THE !;E..~ATE.

Also, a bill to require common carriers to recei"ve live stock for transportation, and prescribe their liability.
Also, a bill to amend an act to create a city government for the town of Eatonton.
Also, a bill to incorporate the Talbot Banking Loan and Improvement Company.
Also, a bill to amend the charter of the town of Ellijay, and to confer certain powers.
Also, a bill to prescribe the mode and way for the sale of liquors in Emanuel county for medicinal purposes, etc.
Also, a bill to relieve Capt. .John W. Boston and his bondsmen in the matter of arms and accoutrements destroyed by fire.
Also, a bill to provide for examination of the pension rolls by the grand juries of the State.
Also, a bill for the relief of the Putnam Rifles and their securities.
Also, a bill to provide for recording the bonds of County Treasurers, Tax-Collectors and Tax-Receivers, in cases where one or more sureties reside outside the county.
Also, a bill to provide- for the establishment of a Public Library for the city of Marietta.
Also, a bill to regulate the business of Building and Loan Associations incorporated under the laws of this State. which do business outside of the State.
Also, a bill to precribe in what newspaper or public gazette all county officials shall make their public adyertisements.
Also, a bill to prescribe the manner of carrying Winchester rifles or other long range guns or pistols.
Also, a bill to require certain corporations to give their discharged agents or employees the causes of their removal or discharge.
Also, a bill to prevent transfers or assignments of debts in this State for the purpose of avoiding or evading the laws of this State.
Also, a bill to establif!h, organize, and maintain a State Normal School as a branch of the University.

TuESDAY, OcTOBER 13, 1891.

759

Also, a bill to amend article 7, section 1, paragraph 1 of the Constitution of 1877, and the act of October 9, 1885, and the act of November 4, 1889.
Also, a bill to amend section 2, paragraph 21 of the tax act, approved December 26, 1890, by striking therefrom the word " dentist.''
Also, a bill to provide for the honorable discharge and retirement from service of commissioned officers.
Also, a bill to amend paragraph 8 of section 2 of the tax act approved December 26, 1890.
Also, a bill to regulate corporations engaged in the business of guaranteeing, etc.
The bill of the house to change the time of holding the Superior Court of Bryan county was taken up under adverse report of the Special Judiciary Committee and lost by agree. ment with said report.
The Senate took up the bill of the House adversely reported by the General Judiciary Committee to provide for appointment of County Solicitors, and for other purposes.
On motion of Mr. Flint, the report was disagreed to and the bill was taken up and put upon its passage.
Mr. Flint offered to amend as follows, to-wit: By adding at the end of the ninth line of the first section the words, "if the grand jury of the county in which the court is located, by a two-thirds vote so recommend.
The bill was read the third time and passed, as amended, ayes 23, nays 0.
The Senate took up the adverse report of the General Judiciary Committee on the bill of the House to alter and amend article 2, section 4, paragraph 6 of the Constitution of thi8 State and provide for submitting the same for ratification, and for other purposes.
On motion of Mr. Glenn, the Senate dieagreed to the adverse report, and the bill was passed to a third reading.
Mr. Cabaniss, Chairman of the Committee on General .Tudiciary, submitted the following report:
Mr. President : Your committee have had under consideration the follow-

760

JouRNAL OJ<' THE SENATE.

ing House bills, which they instruct me to report back, with th!'l recommendation that the same do pass, to-wit:
A bill to protect primary elections in this State, and to punish frauds committed thereat.
Also, a bill to alter and amend article 2, section 4, paragraph 3 of Constitution of this State and to provide for submitting the same for ratification, etc.
Also, a bill to authorize the building of court-houses in the several militia districts of the counties of this State, and to authorize the levying a tax for such purposes.
Also, a bill to prescribe the time of residence in this State of applicants for divorce, and to repeal conflicting laws.
Also, a bill to aniend section 4625(c) of the Code, etc.
Also, a bill to amend certain road laws.
Also, a bill to amend an act to lay out and organize a new county from the counties of Union and. Gilmer, approved January 21, 1854.
Also, the following Honse bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to require the agents of non-resident persons, firms, companies, and corporations engaged in the business oflending money in this State to make returns and pay taxes.
Also the following bill, with the recommendation that the same do pass, as amended, to-wit:
A bill to render legal all publications of notices, citations, advertisements, etc., notwithstanding the number of days between the first publication and the term or day on which the order is granted or the sale takes place.
Also the following House bills, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to alter and amend article 2, section 4, paragraph 6 of the Constitution of this State, and to provide for submitting the same for ratification, etc.
Also, a bill to guarantee the right of hearing in all cases of bills of exception in the Supreme Court.
Respectfully submitted. T. B. CABANISS, Chairman.

TuEsDAY, OcTOBER 13, 1891.

761

. 'Mr. Terrell, Chairman of the Finance Committee, sub:mitted the following report :

Mr. President:

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

A bill to be entitled an act to appropriate the sum of two hundred and six and lrfo dollars to S. R. Murphy, to pay .balance of salary due to him as Inspector of Fertilizers, and _for other purposes.

Respectfully submitted.

J. M. TERRELL, Chairman.

Mr. Glenn, Chairman Committee on Enrollment, submitted the following report:

Mr, President:
Your committee report as properly enrolled, and signed by the Speaker and Clerk of the House, and ready for the .signatures of the President and Secretary of the Senate the following acts, to-wit:
. An act to prescribe the method of granting charters for "banking companies in this State, to define powers and liabilities, and for other purposes.
Also, an act to authorize the authorities of each town .and city to appoint asEessors, and for other purposes.
Also, an act to incorporate the town of Springvale, in Randolph county, and for other purposes.
Also, an act to authorize the Judges .of the Suptrior Courts of this State, in any case of seduction or divorce, or Other case where the evidence is vulgar or obscene, to hear -and try the case after clearing the court of all, or any portion of the audience..
Also, an act to amend an act entitled an act to incorporate the town of Sharpsburg, in the county of Coweta, etc.
Also, an act to require the County Commissioners in the treveral counties of this State, and the Ordinaries in -counties where there are no County Commissioners, to keep
ister of the pu.blic roads, etc.

762

JOUBNAL OF THE SENATE.

Also, an act to provide f()r local taxation by counties fo the support of common schools, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.
The following bills of the House were taken up under adverse reports of committees, and lost by agreement with said reports, to-wit:
A bill to locate the office of Tax-Collector of Laurens county.
A bill to provide for registration at municipal eleetwns in the city of Macon.
A bill to require agents of-non-resident persons, firms, companies and corporations, engaged in the business of lending money in this State, to make returns and pay taxes.
A bill to amend an act to provide for the payment of convict hire to the proper authorities in Greene county.
A bill to prescribe for the appropriation of money arising from the hire of convicts from Henry county.
A bill to guarantee the right of hearing, in all cases, of bills of exceptions in the Supreme court.
The Senate took up the report of the Finance Committee on the resolution of the House to require the AttorneyGeneral to examine into the status of certain bonds referred to in House Bills Nos. 626 and 627, and report to the next General Assembly.
The resolution was, on motion, taken up and concurred in.
The bill of the House to fix the bonds of all TaxCollectors in counties of this Btate having a populati()n af thirty-thousand, to require such Tax-Collectors to make more frequent settlement with the Comptroller-GeneralaDd the county authorities, and for other purposes, was read the second time and recommitted.
The following billA and resolution were read the second time and passed to a third reading, to-wit:
A bill to appropriate the sum of two hundred and six
and -.i'lo dollars to S. R. Murphy.
A bill to protect primary elections, etc.

TUESDAY, OCTOBER 13, 189L
A resolution to app.rop:riate certain sums of money to the persons named in this resolution.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President : The House has concurred in the following Senate
resolutions, to-wit: A resolution requesting the Secretary of State to return
Senate Bill No. 180 for the purpose of concurring in House amendment that was not concurred in by the ~enate.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President: The House has adopted the following resolution of the
Senate, to-wit :
A resolution to authorize the Assistant Attorney-General to employ a stenographer.
The House has passed by the requisite majority the f&llowing Senate bill, to-wit:
A bill to amend an act approved November 13, 1889, entitled an act to provide for the probate of foreign wills, and for other purposes.
The House has also concurred in the Senate amendment with an amendment to the following House bill, to-wit:
A bill to extend the powers of the Railroad Commission, and for other purposes..
The following bills of the House were read the first time and referred as indicated, to-wit :
A bill to regulate the business of Building and Loan Associations incorporated under the laws of this State, etc.
Referred to the General Judiciary Committee.
A bill for the relief of the Putnam Rifles. Referred to the Finance Committee.
A bill to amend an act to create a city governm~nt f-or the town of Eatonton, etc., and for other purposes.
Referred to the Committee on Corporations.

76:1:

JOURNAL OF THE SENATE.

A bill to provide for an examination of the pension rolls by the grand juries of the St'lte, etc.
Referred to the General Judiciary Committee.
A bill to prevent transfers or a'3signment of debts in this State for the purpose of avoiding or evading the laws of this State exempting wages from garnishment, and for other purposes.
Referred to the General Judiciary Committee.
A bill to amend article 7, section 1, paragraph 1 of the Constitution of 1887, and the act of October 9, 1885, and the act of November 4, 1889, and for other purposes.
Referred to the Committee on Finance.
A bill to provide for the honorable retirement of Commissioned Officers of the Georgia Volunteers.
Referred to the Committee on Military Affairs. A bill to provide for recording the bonds of County Treasurers, Tax-Collectors, and Tax-Receivers, in cases where one or more sureties on such bonds own real estate outside of the county wherein such officer holds such office.
Referred to the General Judiciary Committee. A bill to prescribe in what newspaper or public gazette all county officials shall make their public advertisements, and for other puposes. Referred to the General Judiciary Committee.
A bill to prescribe the manner of carrying Winchester Rifles, etc.
Referred to the General Judicjary Committee.
A bill to establish, organize and maintain a State Normal School as a branch of the University, to appropriate money for the same, and for other purposes.
Referred to the Committee on Public Schools.
A bill to provide for the establishment of a Public Library for the city of Marietia.
Referred to the Special Judiciary Committee. A bill to amen::l section 2, paragraph 21 of the tax act, approved December 26th, 1890, by striking therefrom the word "dentist." Referred to the Committee on Finance.

TuEsDAY, OcTOBER 13, 1891.

765

A bill to amend paragraph 8 of section 2 of the tax act, approved December 26, 1890, and for other purposes.
Referred to the General Judiciary Committee. A bill to require certain.corporations to give to their discharged agents or employees the causes of theirremoval or discharge. Referred to the General Judiciary Committee. A bill to regulate corporations engaged in the busineSP of guaranteeing or acting as security for the fidelity of persons in public or private offices, etc., etc. Referred to the Committee on Finance.
A bill to provide for the appointment of two assistants for the State Chemist, etc.
Referred to the Committee on Finance.
A bill to amend an act to make appropriations for the ordinary expenses of the Executive, Judicial and Legislative Departments of the Government, etc., for each of the fiscal years ending 1891 and 1892, and for other purposes, approved December 26, 1890.
Referred to the Committee on Finance.
A bill to prohibit the dumping of carcasses in the streams of this State, etc.
Referred to Committee on the State of the Republic.
A bill to require common carriers to receive live stock for transportation, and prescribe their liability therefor, and fur other purposes.
Referred to the Committee on Railroads.
A bill to make editors of newspapers respom:ible for all cards or communications over a nom de plume, and forother purposes.
Referred to the General Judiciary Committee.
A bill to amend the charter of the town of Ellijay !n the county of Gilmer, etc.
Referred to the Committee on Corporations.
A bill to prescribe the mode and way for the sale of liquors in Emanuel county for medicinal purposes, and for other purposes.

766

JoURNAL OF THE SENATE.

A bill to relieve Capt. John W. Boston and his bondsmen.
Referred to the Committee on Finance. A bill to incorporate the Talbot Banking Loan and Investment Company. Referred to the Committee on Banks. Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee report as properly enrolled and ready for the signature of the President and Secretary of the Senate the following Senate resolution, to-wit:
A resolution to authorize the Assistant Attorney-General to employ a stinographer, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.
Mr. Callaway, Chairman Committee on Special Judiciary submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do paso, to-wit:
A bill to be entitled an act to change the terms of Irwin Superior Court, and for other purposes.
Respectfully submitted. E. H. CALLAWAY, Chairman.
Mr. Glenn, Chairman of the Committee on Enrollment, submitted the following report: .Mr. President :
Your committee report as properly enrolled, and ready for the l"ignatures of the President and Secretary of the Senate, the following Senate resolution, to-wit:
A resolution to han~ an act returned from Secretary of State, etc.
Respectfully submitted. R. l\1. W. GLENN, Chairman.
By resolutions, the following gentlemen were itwited to seats in the Senate during their stay in this city, Yiz.: Col.

TuESDAY, OcTOBER 1B, 1891.

767

L. J. Brown, of Brunswick, Ga.; Judge D. B. Sanford and Hon. J. E. Pottle, of Milledgeville, and Hon. B. F. Perry, of Canton, Ga.

The bill of the House to amend certain road laws was, on motion of Mr. Cabaniss, made the special order for to-morrow at 11 o'clock A. M., and fifty copies thereof were ordered print{'d for use of the Senate.

The following bill of the Senate was taken up, under adverse report of the Committee on Railroads, and lost, by agreement with said report, to-wit:

A bill to make the Railroad Commissioners of Georgia -elective by the people.

Mr. Nunnally, with the consent of the Senate, withdrew the bill of the Senate, to carry into effect paragraph 4 of .section 2 of article 4 of the Constitution.

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

A bill to provide the method of grar~ting charters for banking companies.

And a bill to provide for incorporating railroads in this gtate.

The bill of the House to change the terms of Irwin Superior Court was read the second time and passed to a third reading.

The Senate took up the report of the Committee on Military Affairs on the bill of the House to provide for the completion of the roster of Georgia Troops in the Confederate .army, and for other purposes.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Cabaniss, Callaway, Culpepper, Culver, Flint, Harlan,

Irvine, Lamb, Lanier, McRae, Nunnally, Patton,

Smith of 28th Dist., Tatum, Terrell, W"illiams, ""itcber, Zachry.

768

JOURNAL OF THE ~ENATE.

Those who voted in the negative are Messrs.-

Beard, Boyd, Candler, Eison, Ellington, Gill,

Harp,

Smith of 6th Dist.,

Hill,

Strickland,

Hodges,

Todd,

Johnston of 39th Dist., Vincent,

:Mullis,

Warren.

Pending the announcement of the foregoing vote, the bill, on motion of Mr. Williams, was laid on the table.
The following bills of the House, which were taken up for the third reading, were laid on the table, to-wit:
A bill to incorporate the town of Nickleville, in \Valton county.

Also, a bill to alter and amend article 2, section 4, paragraph 3 of the Constitution of this State, and provide for submitting thP same to the people.

The Senate concurred in the amendments of the House to the following bills of th~ Senate, to-wit :

A bill to alter and amend section 1977 of the Code of 1882.

Also, a bill to authorize Street Railroad Companies to sell to and contract with each other, subject to certain limitations.

The Senate agreed to the substitute of the House for the bill of the Senate to amend an act, approved November 13, 1889, entitled an act to provide for the probate of foreign wills, and for other purposes.

The Senate refused to concur in the House amendment to the amendment of the Senate to the bill of the House to extend the powers of the Railroad Commission so as to give them power and authority to regulate charges of express, sleeping car and telegraph companies for services rendered within this State, and make the penalties prescribed against railroads for violating Commissioners' rules apply to the companies and persons herein named, and for other pur-poses.

The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize the building of court-houses in the feveral militia districts of the

TuEsDAY, OcTOBER 13, 1891.

769

counties of this State, and to authorize the levying a tax for such purpose.
The report was agreed to. The bill was read the third time, and on the question of its passage the ayes and nays were recorded. Those who voted in the affirmathe are Messrs.-

Beard, Cabaniss, Callaway, Candler, Eason, Ellington, Flint, Gill, Glenn, Golden,

Harlan, Harp, Hill, Hodges, Lamb, Lanier, Mullis, Nunnally, Patton,

Smith of 28th Dist., Tatum, Terrell, Todd, Vincent, Warren, Williams, Witcher,
Zachry.

Those who voted in the negative are 1\Iessrs.-

Boyd, Culpepper, Culver,

Irvine,

McRae,

Johnston of 39th Dist., Smith of 6th Dist.

Lane,

Strickland.

There are ayes 28; there are nays 9.

So the bill was passed by a constitutional majority.

The Senate took up the report of the General Judiciary Committee on the bill of the House to prescribe the time of residence in the State of applicants for divorce, and to repeal conflicting laws.
The report was agreed to.
The bill was read the third- time and passed, ayes 27, nays 1.

The Senate took up the report of the Committee on Banks on the bill of the House to incorporate the Merchants' and Farmers' Bank of Americus, Ga., and for other purposes.
The report was agreed to.

The bill was read the third time and passed, ayes 30 nays 0.
The Senate took up th.e report of the Committee on Railroads on the bill of the House to auihorize the Railroad Commission of Georgia to inspect the railroads in this State, and for other purposes.
49

'770

JOURNAL OF THE ~ENATE.

The report was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the Committee on Military Affairs on the bill of the House to further carry into effect paragraphs 1, 2 and 3 of section 1 of article 10 of the Con~titution of Georgia; to provide for the better organizing, efficiency, etc., of the volunteer forces, or active militia of this State,and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 8.
The Senate having disposed of all business on the ~esk of the Secretary, adjourned, on motion, until 10 o'clock A. 111. to-Inorrow.

SENATE CH.UIBER, ATLA:";TA, GEOHIA.
Wednesday, October 14, 1891, 10 O'clock A. l\1.

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

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

On the call of the roll, the following Senators answered

to their names.

Beard, Beck, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason, Ellington, Flint, Gill, Ulenn, Golden,

Harlan,

Smith of 6th Dist.,

Harp,

Smith of 28tl~ Dist..

Hill,

Strickland,

Hodges,

Tatum,

Inine,

Terrell,

Johnson of 21st Dist., Todd,

Johnston of :~9th Dist.,Vincent,

Lamb,

\\'alker,

Lane,

'Varren,

Lanier,

'Villiarns,

McRae,

'Vitcher,

:\Iullis,

Zachry,

Nunnally,

Mr. President.

Pat~on,

Mr. Lamb, Chairman of the Committee on Journals, sub-

mitted the following rrport:

W~DNESDAY, OcTOBER 14, 1891.

771

Mr. President:

Your Committee on Journals, having examined the .Journal of yesterday, report the same correct.

Respectfully submitted. THOMAS W. LAMB, Chairman.

The President declared the Journal approved by virtue of the resolution of the Senate and the foregoing report.

On motion of Mr. Lane, the Senate reconsidered so much of the Journal of yesterday as relates to the action of the Senate on the bill of the House to locate the office of the Tax-Collector of Laurens county, and for other purposes.

The bill was taken up, and the adverse report was disagreed to.

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

,lfr. President :

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

A bill to provide for the honorable retirement from service of commissioned officers of the Georgia Volunteers, and for other purposes.

Respectfully submitted. P. \V. \VrLUAMS, Chairman.

Mr. Hodges, Chairman Committee on State of the Republic, submitted the following report:

Jfr. President :

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

A bill to prohibiting the dumping of carcasses in the streams of this State, to provide a penalty therefor, and

for other purposes.

Respectfully submitted.

F. B. HoDGEs, Chairman.

Mr. Candler, Chairman Committee on Corporations, sub-

mitted the following report:

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

772

JouR:.AL OF THE SENATE.

lowing House bills, which they instruct me to report back~ with the recommendation that the same do pass, to-wit:
A bill to amend the charter of the town of Elijay, etc.
Also, a bill to amend an act to create a city government for the town of Eatonton.
Respectfully submitted. W. E. CANDLER, Chairman.
The following message was received from the Governor through ::\Ir. W. H. Harrison, Secretary of the Executive Department:
.tfr. Pre.sident: I am directed by the Gmernor to return to the Senate,
Bill No. 180, entitled an act to prohibit the sale of seed cotton in the county of Jefferson from ihe 15th of August to the 24th of December of each year, and to provide a penalty for violation of the same, in response to the joint resolution of the General Assembly, that an error may be corrected in said act.
Mr. Callaway, Chairman pro tem. Committee on Banks, submitted the following report:
Mr. President: Your committee have had under consideration the fol-
lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, as amended, to-wit:
A bill to incorporate the Talbot Banking Loan and Investment Company, of Talbotton, Ga.
Respectfully submitted. E. H. CALLAWAY, Chairman protem.
The following communication was received from His Excellency, the Governer, through Mr. \Varren, his Secretary, to-wit:
Mr. President:
I am directed by the Governor to deliver to the Senate a communication in writing, with an accompanying document.
The following message was received from the Houseof Representatives through Mr. Hardin, the Clerk thereof:

WEDNESDAY, OCTOBER 14, 1891.

773

Mr. President:
The House has receded from its amendment to the Senate substitute for the following bill and concurred in the Senate substitute, to-wit:
A bill to prohibit physicians and prescription clerks from pursuing their profession or calling who may become intoxicated.
The House has concurred in the Senate amendments to the following House bills, to-wit:
A bill to incorporate the Brunswick and Altamaha Canal Company.
Also, a bill to amend section 943 of the Code of 1882 as to State depositories.
The House hae also passed the following bills of the Senate, with certain amendments thereto, by the requisite majority, to-wit:
A bill to amend the act of October 25th, 1889, so as to further limit and restrict the issuing of licenses by the-Georgia State Board of Pharmacy.
Also, a bill to make County Administrators ex officio County Guardians.
Also, a bill to amend section 3409 of the Code of Georgia.
The House has passed by the requisite majority the following bills of the Senate, to-wit:
A bill to amend section 620 of the Code of Georgia. Also, a bill to alter and amend section 616(d) of the Code -Qf 1882.
Also, a bill to change the time of holding the Superior Court of Lee county.
Also, a bill to require the books, records, etc., of County Courts that have been abolished to be deposited in the office of the Clerk of the Superior Court of the county.
Also, a bill to repeal and amend the eighth section of the .charter of the town of Hawkinsville.
Also, a bill to provide for filing, hearing and determining -contested elections.
Also, a bill to amend section 1103(i) of the Code of Georgia.

774

JOURNAL OF THE i:\ENATE.

The House has passed the following bill of the Senate, by substitute, by the requisite majority, to-wit:
A bill to further provide for the liens of mechanics, material mPn and contractors, etc.
The House has concurred in the Senate substitute for the following House bill, with certain amendments thereto, towit:
A bill to require railroad companies to furnish equal accommodations for white and colored passengers.
The House has also adopted the following resolution, in which the concurrence of the Senate is asked, to-wit:
A resolution authorizing certain members of the General Assembly to remain three days after adjournment.
The following communication was taken up and read~

To the General Assembly:

ExECUTIVE DEPARTMENT,
Atlanta, Ga., October 14, 1891.

I have the honor to transmit herewith the report of Edward Field, Captain 4th Artillery, Inspector and Instructor, made in compliance with special orders, to the InspectorGeneral of the United States Army. Captain Field during the past summer inspected the volunteer militia of the State at the encampments at Savannah and Chickamauga, and in his said report will be found most gratifying proof of the dficiency and gentlemanly bearing of Georgia's volunteer soldiery. The high praise accorded them by so competent and disinterested an observer will not cause the General Assembly to regret its generous provision in their behalf.

W. J. NoRTHEN.

On motion of Mr. Culver the bill of the House to require proprietors and keepers of public gins to keep records of their work, etc.

The bill was read the third time and before the vote on its passage was announced the bill, on motion of Mr. Culver, was laid on the tahle.

On motion of Mr. Cabaniss, the ad verse report of the General Judiciary Committee was disagreed to on the bill of the House to amend an act to require millers and merchants dealing in flour and meal to have marked on the packages

'VEDNESDAY, OCTOBER 14, 1891.

775

containing the same the number of pounds contained therein.

The bill was read the second time and passed to a third reading.

The Senate took up the report of the Committee on Corporations on the bill of the House to create a Board of Police Commissioners for the city of Rome, and to define its powers and duties.

The committee reported in favor of its passage, by substitute, which was adopted and the report was agreed to.

The bill was read the third time, and on the question of its passage, Mr. Irvine demanded the ayes and nays, which were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Callaway, Culpepper, Eason, Ellington, Flint, Glenn, Golden,

Harlan,

Nunnally,

Irvine,

Smith of 28th Dist.,

Johnston of 39th Dist., Terrell,

Lamb,

Todd,

Lanier,

Vincent,

McRae,

\Villiams,

Mullis,

Witcher.

Those who voted in the negative are Messrs.-

Beck, Boyd, CabaniEs, Gill, Harp,

Hill, Hodges, Lane, Patton, Smith of 6th Dist.,

Strickland, Tatum, Williams, Witcher.

There are ayes 22; there are nays 14.

So the bill did not receive a constitutional majority, and was, therefore, lost.

On motion of Mr. Warren, the Senate took up the amendment of the Hom;e and concurred therein to a bill of the Senate to prohibit the sale of seed cotton in the county of .Jefferson, from the 15th of August to the 24th of Decem her of each year, and to provide a penalty for violation of the same.

This bill was called back from the Governor to correct a clerical omission.

On motion of Mr. Callaway, the Rules were suspended and the resolution of the House authorizing certain officers

776

.JOURNAL OF THE SENATE.

and members of the House and Senate to remain after adjournment and bring up the unfinished business of the session, was taken up. The same was amended, on motion of Mr. Callaway, by striking out "three days" and inserting" five days."

The re:.;olution was agreed to, as amended, and ordered to be immediately transmitted to the House.
At the hour of 11 o'clock A. :M. the special order was announced, to-wit:

A bill of the House to amend certain road laws. On motion of Mr. Terrell, the special order was temporarily displaced. Mr. Flint, Chairman pro tern. of the Committee of Conference, appointed on the difference existing between the Senate and House on the bill of the Senate entitled a bill to extend the term of the common schools to six months, to establish a permanent school fund and provide for the disbursement thereof, to prescribe the duties of officers connected therewith and to amend and consolidate existing school laws, submitted the following report,:

Mr. President

Your committee beg leave to report that they have

agreed upon a substitute entitled a bill to provide for re-

ceiving, apportioning and disbursing the common school

fund, to authorize the extension of the common ::chool

term, to fix the compensation of members of the Board of

Education, and for other purposes, which substitute accom-

panies this report.

Signed,

TERRELL,

FLINT,
On part of the Senate. JACKSON of Heard,

FLEMING,

BonnmiLLET,

On part of the House.

The undersigned member of the Senate Committee rc-

spectfully dissents.

w. T. IRVINE.

The substitute was adopted, and the action of the Senate

thereon was, on motion of 1\Ir. Terrell, ordered to be imme-

diately transmitted to the House.

WEDNESDAY, OcTOBER 14, 1891.

7 .I.

~
I

M:r. Terrell, Chairman Committee on Finance, submitted the following report : .Mr. President:
Yom committee have had under consideration the fol~lowing House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to amend section 2, paragraph 21 of the tax act approved December 26, 1890, by striking therefrom the word '' dentist."
Also, the following House bill, with the recommendation th1t the same do pass, as amended, to-wit:
A bill to be entitled an act to amend article 7, section 1, paragraph 1 of the Constitution of 18i7, and the act of {)ctober 9, 1885, and the act of November 4, 1889, and for other purposes.
Respectfully submitted. J. M. TERRELL, Chairman.
Mr. Callaway, Chairman Committee on Special Judiciary, submitied the following report:
Mr. President Your committee have had under consideration the fol-
lowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to provide for the establishment of a public library for the city of Marietta.
Respectfully submitted. E. H. CALLAWAY, Chairman.
Mr. Cabaniss, Chairman Committee on General Judiciary, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to-w it:
A bill to regulate the business of Bnilding and Loan Associations incorporated under the laws of this State, which do business outside of this State, and also those organized ~nder the laws of other 8tate5 or foreign government.

778

JOURNAL OF THE SENATE.

Also, a bill to amend paragraph 8 of section 2 of the tax act approved December 26, 1890, etc.
Also, a bill to require certain corporations to give to their discharged agents, or employees the causes of their removal or discharge, when discharged or removed.
Also, a bill to provide for an examination of the pe;nsion rolls by the grand juries of the State, etc.
Also, a bill to provide for recording the bonds of County Treasurers, Tax-Collectors and Tax-Receivers in cases where one or more sureties on such boqds own real estate outside of the county wherein such officer holds such office.
Also, the following House bilh;, which they instruct n:.e to report back, with the recommendation that the same do not pass, to-wit :
A bill to prevent transfers or assignments of debts in th~s State for the purpose of avoiding or evading the laws of this State exempting wages from garnishment, etc.
Also, a bill to make editors of newspapers responsible for all cards or communications over a nom de plume, etc.
Also, a bill to prescribe the manner of carrying Winehester rifles or other long range guns or pistols in this State, etc.
Also, a bill to prescribe in what newspaper or public gazette all county officials shall make their public adver-tisements, etc.
Respectfully submitted. T. B. CABANISS, Chairman.

:\Ir. Lanier, Chairman Committee on Temperance, submitted the following report, to-wit:

.lfr. President:

Your committee have had under consideration the following House bill, which they instruct me to report back, with

the recommendation that the same do pass, to-wit:

A bill to be entitled an act to prescribe the mode and way for the sale of liquors in Emanuel county for medical purposes, and to fix a penalty for violation of the same.

ReRpectfully submitted.

R. H. LANIER, Chairman.

WEDNESDAY, OcTOBER 14, 1891.

779

Mr. Terrell, Chairman Committee on Finance, submitted the following report:
1Jfr. President :
Your committee have had under consideration the following House bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit:
A bill to fix the bonds of all Tax-Collectors in counties having a population of 30,000, and for other purposes.
Also, a bill to provide for the appointment of two assistants for the State Chemist, etc.
Also, a bill to amend an act to make appropriations for the ordinary expenses of the Executive, Judicial and Legislative departments of the government, payment of public debt, etc.
Also, a bill to make an appropriation to pay Hon. Clifford Anderson for services rendered the State.
Also, a bill for the relief of the Putnam Rifles, etc.
Also, a bill to relieve Capt. J no. W. Boston and his bondsmen, etc.
Also, the following bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to regulate corporations engaged in the business of guaranteeing or acting as security for the fidelity of persons, etc.,
Respectfully submitted. J. M. TERRELL, Chairman.
The amendmE!nts of the House to the foilowing bills of the Senate were concurred in, to-wit:
A bill to amend the act of October 25th, 1889, so as to further limit and restrict the issuing of licenses by the Georgia State Board of Pharmacy.
A bill to amend section 3409 of the Code of Georgia.
A bill to make County Administrators ex officio County Guardians, etc.
The substitute of the House for the bill of the Senate to further provide for liens of mechanics, etc., etc., was taken up and agreed to.

780

JOURNAL OF THE SENATE.

The 'amendments of the House to the substitute of the Senate to require all railroad companies in this State to furnish equal accommodations on their trains for wbite and colored passengers, etc., were concurred in.

Mr. \Varren, Chairman Committee on PPnitentiary, submitted the following report:

Mr. President:

Your committee by appropriate sub-committees from the general committee have visited all the convict camps of the Penitentiary of this State, and beg leave to report the following:

In every instance we have found the convicts well cared

for, the camps in gc'od sanitary condition and that a marked

improvement in the condition and treatment of the con-

victs is noted. There have been no complaints received as

to the treatment by the lessees, so far as your committee

could judge from all the facts before them; the law has been

strictly complied with by the lessees as to treatment, sani-

tary condition of camps and hours of work.

Your committee recommend the pardon of W. V. Reeves,

from Haralson county, Georgia, convicted of murder and

sentenced for life for the killing of Allen Goldin, colored.

That we have examined the papers in the application for

pardon in said case and ask the Governor to pardon the

said Reeves.



Respectfully submitted. G. \V. WARREX, Chairman.

The bill of the House to make editors of newspapers responsible for Jll cards, etc., published over nom de plumr' was taken up under adverse report and lost by agreement with said report.

'l.'he following bills of the House were read the second time and recommitted, to-wit:

A bill to establish and organize a State Normal School, etc.
Also, a bill to require common earners to receive live stock for transportation, to prescribe their liability, and for other purposes.

The following bills of the House were read the second time and passed to a third reading, to-wit:
I

WEDXESDAY, OcTOBER 14, 1891.

781

A bill to provide fo_r an examination of the P-ension rolls by grand juries.
A bill to incorporate the Talbot Banking, Loan and Investment Company.
A bill to require certain corporations to give to their diScharged agents or emnloyees the causes of their discharge.
A bill to a~nend paragraph 8 of section 2 of the tax act, approved December 26, 1890.
1 bill to provide for recording bonds of County Treasurers, Tax-Collectors and Tax-Receivers in certain cases.
A bill to provide for the establishment of a public library for the city of Marietta.
A bill to regulate the business of building and loan associations incorporated by the laws of this State and doing business outside of this State, etc.
A bill to amend article 7, section 1, paragraph 1 of the Constitution of this State, and the act of October 9, 18&5, and act of November 4, 1889, and for other purposes.
A bill to provide for the honorable retirement of commissioned officers of the Georgia volunteers.
A bill to amend an act to make appropriations for the ordinary expenses of the Executive, Judicial, and Legislative Departments of the Government, etc., etc., for the fiscal years ending 1891 and 1892, approved Decem her 26, 1890.
A bill to prohibit the dumping of carcasl5es in the streams of this State.
A bill to relieve Captain John W. Boston.
A bill to prescribe the mode for sale of liquors in Emanuel county for medicinal purposes.
A bill for the relief of the Putnam Rifles and their securities.
A bill to amend an act to create a city government for the town of Eatonton.
A bill to amend the charter of the town of Ellijay.
A bill to provide for the appointment of two assistants for the State Chemist, and for other purposes, etc.
A bill to amend ~;:ection 2, paragraph 21 of the lax actap-

782

JouRNAL OF THE SENATE.

pro\ed December 26, 1890, by striking therefrom the word " dentist."
And a bill to locate the office of Tax-Collector of Laurens county.

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

Mr. President:
The House has passed the :following Senate bill, as amended, to-wit:
A bill to amend an act to prohibit the sale of spirituous, alcoholic or malt liquors within three miles of any church or public or private school-house, etc., etc.

The bill of the House to prescribe the conditions under which a certain class of tire-arms may be carried, etc., was read the second time and recommitted.

The amendments of the House to the bill of the Senate to amend an act to prohibit the sale of spirituous liquors, etc., within a radius of three miles of any church or public or private school-house in this State were concurred in.

The bill of the House to confer on the Railroad Commission jurisdiction as to storage of freight, etc., was taken up for a third reading and laid on the table.

The bill of the House to protect insane persons in their postal rights was read the third time, and on the question of its passage the ayes and nays were. demanded by Mr. Williams, and recorded.

Those who voted in the affirmative are Messrs.-

Boyd, Culpepper, Eason, Ellington, Gill, Harp, Hill, Hodges,

:Tohnston of ~9th Dist., Smith of 6th Dist.

Lamb,

StricklanJ,

Lane,

Tatum,

Lanier,

Todd,

McRae,

\Varren,

Mullis,

Williams,

Patton,

Zl'.chry.

Those who voted in the negati ,.e are Messrs.-

Beard,
~Beck,

Culver, Flint,

Nunnally, Smith of 28th Dist.,

\VEDNESDAY, OcTOBER 14, 1891.

783

'Cabaniss, Callaway,

Glenn, Harlan, Irvine,

Terrell, Witcher.

There are ayes 22; there are nays 13.

So the bill, not having received a constitutional majority. was lost.

The Senate took up for a third reading the bill of the House to alter and amend article 2, section 4, paragraph 6 <>f the Constitution of this State, and provide for submitting the same for ratification, and for other purposes.

The bill was read the third time, and the ayes and nays were recorded thereon.

Those who voted in the affirmative are 1\:lessrs.-

Beard,

Harp,

Smith of 6th Dist.,

Boyd,

Hill,

Smith of 28th Dist.,

Callaway,

Hodges,

Strickland,

Culpepper,

Irvine,

'l'atum,

Cuh'er,

Johnston of 39th Dist., Todd,

E<tson,

Lane,

Yincent,

Ellington,

Lanier,

'Varren,

Glenn,

McRae,

Witcher.

Golden,

Mullis,

Harlan,

Patton,

Those who voted in the negative are 1\:lessrs.-

Beck,

Gill,

Terrell,

Cabaniss,

Lamb,

'Villiams.

Flint,

Xunnally,

Pending the announcement of this vote the bill was, on motion of Mr. Golden, laid on the table.

The Senate took up the report of the Finance Cominittee on the bill of the House to appropriate two hundred and six and 131f'o dollars to S. R. Murphy, to pay balance of salary due to him as Inspector of Fertilizers, and for other purposes.

The committee reported in favor of it'l passage with an amendment, which was adopted, and the report was agreed to.

The bill wa3 read the third time, and on the question of . its passage, as a.mended, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard,

Harp,

Strickland,

Beck,

Hill,

Tatum,

784

JoURNAL OF THE SENATE.

Boyd, Cabaniss, Callaway, Culpepper, Culver. Ellington, Flint, Glenn,, Harlan,

Irvine, Lamb, Lane,
~anier,
McRae, Mulli,;, Nunnally, ~mith of 6th Dist., Smith of 28th Dist.,

Terrell, Todd, Yincent, Warren, Williams, Witcher, Zachry.

Those who voted in the negative are Messrs.-

Eason, Gill,

Hodge~,

Patton.

Johnston of 39th Dist.,

There are ayes 31 ; there are nays 5.

So the bill was passed by constitutional majority.
The Senate took up the report of the Finance Committee on the resolution. of the House to appropriate certain sums of money to the persons named in this resolution.

The committee reported in favor of its passage, with certam amendments, which WE're adopted, and the report was agreed to.

The bill was read the third time, and on the question of its passage, a!:l amended, the ayes and nays were recorded_

Those who voted in the affirmative are Messrs.-

Beck, Cabaniss, Callaway, Culver, Ellington, Flint; Glenn, Golden,

Harlan, Hodges, Lamb, Lane, Lanier, McRae, Nunnally, Smith of :tSth Dist.,

Tatum, Terrell, Todd, Warren, Williams, Witcher, Zachry,

Those who voted in the negative are Messr~.-

Beard, Boyd, Culpepper, Eason, Gill,

Harp, Hill, Irvine, Mullis, P<ttton,

Smith of 6th Dist. Strickland, Vincent.

There are ayes 23; there are nays 13.

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

The Senate took up the report of the Finance Committee

WEDNESDAY, OcTOBER 14, 1891.

785

on the bill of the House to make an appropriation to pay

Hon. Clifford Anderson for services rendered the State.

The report was agreed to.

The bill was read the third time, and on the question of the passage of the same, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Beck, Boyd, Cabaniss, Callaway, Culpepper, Cuher, Ellington, Flint, (iill, Ulenn,

Harlan, Hill, Hodges, lr\ine, Lamb, Lane, Lanier, )'feRae, :Nunnally, Patton, Smith of 6th Dist.,

Smith of 28th Dist., Tatum, Terrell, Tod!l,' Vincent, 'Varren, Williams, 'Vitcher, Zachry.

Those who voted in the negative are :Messrs.-

Eason, Golden,

Harp, Mullis,

Strickland.

There are ayes 31; there nays 5.

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

On motion of Mr. Terrell, it was ordered that when the Senate adjourns, it will adjourn until three o'clock P. :II.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend certain road laws.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays ~.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 4625(c) of the Code, and for other purposes.
The report was agreed to.
The bill was read the third time, and passed, ayes 29, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the HouEe to amend an act to lay
50

786

JOURNAL OF THE SENATE.

out and organize a new county from the counties of Union and Gilmer, approved January 21, 1854.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 31, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill to protect primary elections in this State, and to punish frauds committed thereat.
The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to amend an act, approved September 18, 1885, entitled an act to prevent the evils of intemperance by local option, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed', ayes 26, naysO.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to change the terms of Irwin Superior Court, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 29 nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to render legal all publications of notices, citations, adyertisements, etc., notwithstanding the number of days between the first publication and the term or day on which the order is granted or the sale takes place.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended, ayes 30, nays 0.
The Senate took up the report of the Finance Committee

WEDNESDAY, OcTOBER 14, 1891.

787

on the bill of the House to fix the bonds of all Tax-Collectors" in counties of the State having a population of 30.000; to require such Tax-Collector~; to make more frequent settlements with the Comptroller-General and the county authorities, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 29, naysO.
The hour of adjournment arrived, and the President dedared theSenate adjourned until3 o'clock P.M.

SENATE CHAMBER, 3 O'clock P. M.

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

On motion of Mr. Callaway, the roll call .was dispensed with

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

Mr. President:

Your committee have had under consideration the fol-

lowing House bill, which they instruct me to report back with the recommendation that the same do pass, to-wit:

A bill to be entitled an act to establish, organize and maintain a State Normal School as a branch of the UniYer-

sity, etc.

Respectfully submitted.

W. T. IRVINE, Chairman.

Mr. Glenn, Chairman Committee on Enrollment, submitted the following report:

Mr. President:

Your Committee on Enrollment report as properly en-

rolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the following House bills, to-wit:

An act to relieve securities upon the bond given by Captain J. L. Fleming, deceased, for arms and accoutrements belonging to the State of Georgia, from their obligation on .said bond, etc.

788

JOURNAL OF THE SENATE.

Also, an act to amend section 943(a) of the Code of GPorgia, providing for the selection by the Governor of banks in certain cities as State depositories, etc.
Also, an act to authorize the building of court-houses in the several militia districts of the counties of this State, etc.
Also, an act to further carry into effect paragraphs l, 2 and 3 of section l of article lO of the Constitution of Georgia, etc.
Also, an act to amend, revise and consolidate the laws governing the inspection, analysis and sale of commercial fertilizen;, etc.
Also an act to authorize the Railroad Co~nmission of Georgia to inspect the railroads in thia State, etc.
Also, an act to prohibit physicians and prescription clerks in a drug establi'lhment from pursuing their profession or calling who may become intoxicated from the use of intoxicating liquors or opiates, etc.
Also, an act to prescribe the time of residence in this State of applicants for divorce, etc.
Also, an act to incorporate the Brunswick and Altamaha Canal Company, etc.
Also, the following House resolutions, to-wit:
A resolution to require the Attorney-General to examine into the status of certain bonds referred to in House bills Nos. 626 and 627, and to report to the next General Assembly.
Also, a resolution for the relief of J. J. Yarbrough, of Opelika, Alabama.
Respectfully submitted. R. M. W. GLENN, Chairman.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Jfr. President: The House has passed the following Senate bills, by the
requisite constitutional majority, to-wit:
A bill to provide the mode of granting charters, and amendments to charters already granted or that may here-

'VEDNESDAY, OcTOBER 14, 1891.

789

after be granted, incorporating towns of less than 2000 inhabitants, etc.
Also, a bill to amend section 4406 ol the Code of 1882. Also, a bill to incorporate the Atlanta Trust and Guarantee Company. Also, a bill to incorporate the Stephens Industrial Society. Also, a bill to amend section 534 of the Code of 1882. The House has concurred in the Senate's amendment to the amendment of the House to the following Senate bill, to-wit: A bill to prevent combinations or pools of insurance companies or their agents, etc, The House has adopted the report of the Conference Committee to the following Senate bill, to wit: A bill to extend the term of the common schools to six months; to establish a permanent school fund and provide for disbursements thereof; to amend and consolidate existing school laws.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
.J.lfr. President:
The House has passed the following .Senate bill by the requisite majority, to-wit:
A bill to incorporate the town of Milan in the county of Telfair.
The House has passed the following Senate bills, as amended, to-wit :
A bill to change the manner of selecting Co-:nmissioners of Roads and Revenues.
Also, a bill to estab1ish city courts in counties having a population of fifteen thousand or more.
Also, a bill to incorporate the Woodbury Banking Company.
Also, a bill to incorporate the Farmers' and Merchants' Bank of Hartwell.
Mr. Ellington, Chairman of the Joint Committee to investigate and report upon the railroads of this State, submitted a revised and complete copy of the majority and

790

JoURNAL OF THE SENATE.

minority report of said committee, three hundred copies of which were ordered to be printed.
The Senate took up the adverse report of the General Judiciary Committee on the bill of the House to prescribe in what newspaper or public gazette all county official& shall make their public advertisements, and for other purposes, and disagreed to said report.
The following bills of the House were taken up, under adverse reports, and lost by agreement with said reports,. to-wit:
A bill to prescribe the manner of carrying Winchester rifles, etc.
A bill to regulate corporations engaged in the business of guaranteeing or acting as security for the fidelity of persons in public or private offices, etc.
Also, a bill to prevent transfers or assignments of debts for the purpose of avoiding the laws of this State exempting wages from garnishment, and for other purposes.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 9 o'clock
A. M. to~morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, October 15, 1891, 9 O'clock A. M.

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

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

On the call of the roll, the following Senators answered t() their names:

Beard, Bennett, Boyd, Cabaniss, Callaway, Candler, Culpepper, Culver, Eason,

Harlan,

Nunnally,

llarp,

Patton.

Hill,

Smith of 6th Dist.

Hodges,

Smith of 28th Dist.

Irvine,

Tatum,

Johnson of 21st Dist., Terrell,

Johnston of 39thDist.. Todd,

Lamb,

Vincent,

Lane,

Walker,

THuRSDAY, OcTOBER 15, 1891.

791

Ellington, Flint, Gill, Glenn,

Lanier, McRae, Mullis,

Williams, Witcher, Zachry, Mr. President.

Mr. Lamb, Chairman of the Committee on Journals, submitted the following report:

Mr. President :.

Your Committee on Journals h.we examined the Journal of yesterday, and report the same correct.

Respectfully submitted. THoMAS W. LAMB, Chairman.

In pursuance of a resolution of the Senate and the foregoing report, the President declared the Journal approved.

:Mr. Williams gave notice that he should move a reconsideration of the action of the Senate on the bill of the

House to secure insane persons in their postal rights.

The motion to reconsider prevailed.

Mr. Irvine gave notice that he should move a reconsideration of the bill of the House known as the bill to create a Board of Police Commissioners for the city of Rome.

Mr. Glenn, Chairman of the Committee on Enrollment,

submitted the following report:

Mr. President:

Your committee report as duly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following Senate bill.;, to-wit :

An act to amend section 1103(i) of the Code of Georgia of 1882.

Also, an act to alter and amend section 616(d) of the Code

of 1882.

Also, an act to repeal and amend so much of the eighth section of the act incorporating the town of Hawkinsville, Georgia, as required citizenship in the Marshal of said town to be eligible to office.

Also, an act to authorize street railroad companies to sell to and contract with each other subject to certain limita-

tions. Also, an act to require the Railroad Commission to fix
rates of storage to be charged by railroad companies in this State, etc.

792

JOURNAL OF THE SENATE.

Also, an act to amend section 620 of the Code of Georgia of 1882, etc.
Also, an act to amend an act approved November 13, 1889, entitled an act to provide for the probate of foreign wills and to declare the effects of such probate in this State, etc.

Also, an act to amend section 1978 of the Code of Georgia

of 1882, etc.



Also, an act to require the records, dockets and papers belongin~ to the County Courts that have been heretofore or ma-y be hereafter abolished in this State to be deposited in the office of the Clerks of the Superior Courts of the several counties where the same has not. been so provided for by abolishing, and to authorize said Clerks to make such entries on the records and dockets of the same as they are now authorized to do on the records and dockets now in the office of the Clerks of the Superior Courts.

Also, an act to change the time of l:.olding the Superior Court of the county of Lee, in the Southwestern Circuit, etc.
Also, an act to provide for filing, hearing, and determining contested elections in this State, etc.

Respectfully submitted. R. M. W. GI-ENN, Chairman.

On motion of 1Ir. Terrell, the Senate took up the report of the Committee on Finance on the bill of the House to amend article 7, section 1, paragraph 1 of the Constitution of 1877, and the act of October 9, 1885, and the act of November 4, 1889, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.

The bill was read the third time, and on the question of its passage, as amended, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Beard, Dennett, Boyd, Cabaniss, Callaway, Candler, Culpepper,

Harlan,

Smith of 6th Dist..

Harp,

l'lmith of 28th Dis t.

Hill,

Strickland,

Hodges,

Tatum,

Irvine,

Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

THuRSDAY, OcTOBER 15, 1891.

793

Culver, Eason, Ellington, Flint, Gill,

Lane, Lanier, McRae, ~I ullis, Patton,

'Williams, Wit.ciHr, Zachry.

Tbere are ayes 35; there are nays 0.

So the bill was pasr;ed, as amended, by constitutional

majority and was ordered to be immediately transmitted to the House.

On motion of Mr. Hodges, the Senate took up the bill of the House to prescribe in what newspaper or public gazette all county officials shall make their public ad,ertisements, .and for other purposes.

The ad verse report of the General Judiciary Committee

.was disagreed to on yesterday.



On motion of Mr. Hodges, the bill was amended by inserting in the 7th line of section 1 the word "secular" before the word "paper." Also, by inserting in lines 11 and 18 the word " secular" before the word " newspaper."

The bill was read the third time and loet for the want of a constitutional majority, there being ayes 8, nays 24.

Mr. Irvine, Chairman pro tem. Committee on Railroads, submitted the following report:
Jl[,.. PreBidcnt :
Your committe2 have had under consideration the fol"lowing House bill, which thly instruct me to report back,
with the recommendation that the same do pass, to-wit:
A bill to be entitled an act to require common carriers to receive live stock for transportation, to prescribe their liability therefore, etc.
Respectfully submitted. W. T. IanxE, Chairman pm tcm.

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

jJ<Jr. PrCBident:
Your committee haYe had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to-wit:
A bill to be entitled an act to amend the present road

794

JOURNAL OF THE SENATE.

laws of Chattooga county, Ga., approved September 5, 1889, and for other purposes.

Respectfully submitted. E. H. CALLAWAY, Chairman.

Mr. Glenn, Chairman on Special .Joint Committee on Charters, submitted the following report:

Mr. President :

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

A bill to prescribe the method of granting charters for banking companies in this State, etc.

Also, a bill to provide for incorporating railroads in this State, etc.

Respectfully submitted. R. M. W. GLENN, Chairman.

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

A bill to prescribe the conditions under which a certain class of fire-arms may b~ carried, to provide a license for
the same, and for other purposes.
Respectfully submitted. T. B. CABANiss, Chairman.

Mr. Irvine moved to reconsider so much of the Journal of yesterday as relates to the action of the Senate on the bill of the House to create a Board of Police Commissioners for the city of Rome, and to define their powers and duties.

The committee reported in favor of its passage, by substitute, which was adopted, and the report was agreed to.

The bill was read the third time, and on the question of its passage, as amended, by substitute, the ayes and nays were required to be recorded.
Those who voted in the affirmative are Messrs.-

Beard, Bennett,

Glenn, Harlan,

Nunnally, Patton,

THuRsDAY, OcTOBER 15, 1891.

Boyd, Callaway, Candler, Culpepper, Eason, Ellington, Flint,

Harp,

Smith of 28th Dist.,

Irvine,

Terrell,

Johnston of 39th Dist., Todd,

Lamb,

Vincent,

Lanier,

Walker,

McRat-,

Williams,

Mullis,

Witcher.

Those who voted in the negative are Messrs.-

Cabaniss, Gill, Hill,

Lane, Smith of 6th,

Tatum, Zachry.

There are ayes 27; there are nays 7.

So the bill was passed, as amended, by substitute, by constitutional majority, and, on motion, was ordered to be immediately transmitted to the House.

The Senate took up and concurred in the amendments of the House to the following bills of the Senate, to-wit:

A bill to abolish the office of County Treasurer of the county of Monroe, etc.

A bill to change the manner of selecting Commissioners in counties where the same are now elected, etc.

A bill to incorporate the Farmers' and Merchants' Bank of Hartwell,

A bill to establish City Courts in counties of 15,000, or more, on recommendation of two successive Grand Juries.

A bill to incorporate the Talbot Banking, Loan and Investment Company.

The Senate refused to concur in the House amendments to the bill of the Senate to incorporate theWoodbury Banking Company.
On motion of Mr. Glenn, the bill of the House to alter and amend article 2, section 4, paragraph 6 of the Constitution of this State, and provide for submitting the same for ratification, and for other purposes.
This bill was laid on the table, pending a vote of ayes and nays.
The President declared the vote to be ayes 28, nays 8, and announced that the bill was lost for want of a constitutional majority.

796

JOURXAL OF THJ<~ SENATE.

The action of the Senate thereon was, on motion of ~Ir. Glenn, reconsidered, and the bill was put upon its pa<;sagt>.

On this que3tion the aye3 and nays were recorded.

Those who voted in the affirmative are Messrs.-

BPard, B?nnett, Boyd, Callaway, Culpepper, Culver, Ea-;on, Ellington, Glenn, Harlan,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist.,

Hodges,

Strickland,

Inine,

Tatum,

Johnston of 39th Dist., Vincent,

Lane,

Todd,

Lanier,

"\Valker,

McRae,

warren,

Mullis,

Witcher,

Patton,

Zachry.

Those who yoted in the negatiYe were Mesm;.-

Beck, Flint, Gill,

Lamb,
N u n n a l l.v '

Terrell, William!'.

There are ayes 30; there a.re nays 7.

So the bill was passed by the required constitutional majority.

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

JIJr. Pre.sident:
The Honse has receded from its amendment to the following bill of the House, to-wit:
A bill to extend the powers of the Railroad Commission so as to include express, telegraph and sleeping car companles.
The House has concurred in the Senate amendments to the following House bill, to-wit:
A bill to amend the General Tax act d 1890 so as to increase the tax on liquor sellers.
The House has concurred in the Senate amendments to the House amendments to the following bill of the Senate, to-wit:
A bill to alter and amend section 7, article 3, paragraph 18 of the Constitution.

The House has passed the following bills of the Senate, by the requisite rnajority, to-wit:

THuRsDAY, OcTOBER 1.5, 1891.

797

A bill to amend 8ection 4391 of the Code of 1882.

Alo, a bill to amend section 792 of the Code of Georgia.

Al8o, a bill to change the time of holding the Superior Court of Echols county.

The House has passed the following bill of the Senate, with an amendment, by the requisite majority, to-wit:
A bill to repeal an act to abolish the office of County Treasurer of Monroe county.

The House has concurred in the Senate amendment to the following bill of the House, to-wit:
A bill to provide for the appointment of Solicitors for the County Courts.

The House has adopted the following resolution, in which the concurrence of the Senate is asked :

A resolution to appoint a joint committee to see at what hour to-day the General Assembly can adjourn.

Committee on part of House, Fleming, Hill of Meriwether, and 'Vooten.

The Senate took up the report of the General Judiciary Committee on the bill of the House to alter and amend article 2, section 4, paragraph 3 of the Constitution of this State, and to provide for submitting the same for ratification, and for other purpose;;:.
The report was agreed to.
The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

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

Glenn,

Nunnally,

Harlan,

Patton,

Harp,

Smith of 6th Dist.,

Hill,

Smith of 28th Dist .,

Hodges,

Strickland,

Irvine,

Tatum,

Johnston of 39th Dist., Vincent,

Lamb,

Walker,

Lme,

'Varren,

Lanier,

\Villiams,

McRae,

Witcher,

Mullis,

Zachry.

798

JouRNAl, OF THE SENATE.

Those who voted in the negative are Messrs.-

Candler,

Terrell.

There are ayes 36; there are nays 2.

So the bill was passed by a constitutional majority.

On motion of Mr. Williams, the reconsidered bill of the House was taken up and put upon its passage, to-wit:

A bill to secure to insane persons their postal rights.

The report, being adverse, was disagreed to.

The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

Bennett, Boyd, Culpepper, Eason, Ellington, Gill, Harp, Hill,

Hodges,

Strickland,

Johnson of 39th Dist., Tatum,

Lane,

Todd,

Lanier,

Vincent,

McRae,

Walker,

Mullis,

Warren,

Patton,

William!,

Smith of 6th Dist., Zachry.

Those who voted in the negative are Messrs.-

Beard, Beck, Cabaniss, Callaway Culver,

Flint, Glenn, Harlan, lryine,

Nunnally, Smith of 28th Dist., Terr11, Witcher.

There are ayes 24; there are nays 13.

So the bill was pas~ed by a constitutional majority.

The following communication was received from His Excellency, the Governor, through Mr. Warren, his Secretary,

to-wit:

Mr. President:

I am directed by the Governor to deliver to the Senate a

sealei communication, to which he respectfully invites the consideration of your honorable body, in executive session:

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

Mr. President: The House refuses to concur in the Senate amendment to
the following House bill, to-wit:

A bill to provide for the payment of money received by

THURSDAY, OcTOBER 15, 1891.

799

the State of Georgia from the United States under the act .approved March 2, 1891.
The House has adopted the following resolutions, to which the concurrence of the Senate is asked, to-wit:
A resolution tendering either the hall of the House of Representatives or the Senate chamber to the National Convention of the Phi Delta Theta Fraternity.
Also, a resolution appointing a joint committee to wait .upon the Governor and inform him that the General Assembly will adjourn sine die at noon to-day, and inquire if he has any further communications for the General Assembly.
The following message was received from the House of RepresentativeR, through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendments to the following resolutions of the House, to-wit:
A resolution to appropriate certain sums of money to certain pe>-sons therein named.
Also, a resolution authorizing certain members of the General Assembly to remain and bring up business.
On motion of Mr. Terrell, the resolution of the HouRe to appoint a committee to wait on His Excellency, the Governor, inform him that the General Assembly will adjourn at 12 o'clock M., this day, and ask if he has any further ()Ommunications to submit, was concurred in, and the President appointed as a committee on the part of the Senate Messrs. Beck and Harp.
A resolution granting the use of the hall of the House of Representatives or the Senate chamber to the National Convention of the Phi Delta Theta Fraternity, etc., was ()Oncurred in.
The bill of the House to locate the office of the Tax-Collector of Laurens county, was put upon its passage and lost for the want of a constitutional majority, there being ayes 19, nays 8.
The Senate took U:p the report of the Finance Committee on the bill of the House to establish, organize and maintain a State Normal School as a branch of the University, to appropriate money for the same, and for other purposes.

800

Jot:RNAL OF THE ~ENATE.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were recorded.

Those who voted in the affirmative are l\Iessrs.-

Beck, Bennett,
Cabanis~,
Callaway, Candler, Culpepper, Eason, Ellington,

Flint, Harlan, Hodges, Irdne, Lamb,
~IcRae, ~unnally,
Smith of 28th Dist.,

Terrell, Todd, \Varren, Williams,
'Vitcher, Zachry, :Mr. President.

Those who voted in the negative were l\Iessrs.-

Beard,

Hill,

Patton,

Boyd,

.Johnston of 39th Dist., Smith of the 6th Di:.;t .,

Culver,

Lane,

Strickland,

Gill,

Lanier,

Tatnm,

Glenn,

::\Iullis,

Vincent.

There are nays 23; there are nays V>.

So the bill was passed by constitutional majority.

The following communication was received from his excellency, the Governor, through l\Ir. \Varren, his Secretary, to-wit:

Mr. President :
I am directed by the Governor to deliver to the Senate a communication in writing, with an accompanying document.

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

Jlr. President:
The House has concurred in the Senate amendments to the following House bills and resolution, to-wit:

A re.:-olution requiring the Attorney-General to institute suits against trespassers on the public lands of this State.

A bill to amend an act to lay out and organize a new county from the counties of Union and Gilmer.

Also, a bill to pay S. R. Murphy balance of .salary.

Also, a bill to render legal all publications of notices,. citations and advertisements.

THURSDAY, OcTOBER 15, 1891.

801

Also, a bill t9 incorporate the Talbot Banking Loan and Investment lJompany.
The Hou9C has concurred in the first Senate amendment and refuses to concur in the other amendments to the following bill of the House, to-wit:
A bill to amend article 7, section 1, paragraph 1 of the Constitution.
The House has concurred in the Senate amendment to the House amendment to the following bill of the Senate, to-wit:
A bill to provide and establish a system of .water-works and electric lights for Elberton.
The Senate went into executive session and returned to open session.
The following communication was taken up and read:

ExECUTIVE DEPARTMENT,

To the General Assembly:

October 15, 189L

In accordance with an act of the General Assembly establishing the Georgia Normal and Industrial College, approved November 8, 1889, I transmit herewith, for the information

of the Legislature, the report of the Board of Directors of said College.
W. J. NoRTHEN.

The Senate took up the bill of the House to amend an act to require each and every miller or manufacturer of flour or meal, and every merchant or dealer selling or offering

for sale said articles, to stamp or have printed on each sack in which either of said articles is packed, in plain figures,

the exact number of pounds of flour or meal contained therein, etc.

The bill was amended on motion of Mr. McRae as follows:

Amend section 1 by adding "millers" at the beginning of the second line from last of said section, and further, by adding at the end of said section, the words, " or in any quantities when sold by weight."

The bill, as amended, was read third time and passed,
ayes 23, nays 0.
51

802

JOURNAL OF THE SENATE.

SENATE CHAMBER, October 15.

Mr. Cabaniss, Chairman Joint Committee appointed to examine into the state of business and report at what hour the General Assembly can adjourn, submitted a report recommending the hour of one o'clock.
Respectfully submitted. T. B. CABANISS, Chairman.

The report was adopted.

Mr. President:

Your committee appointed to wait on His Excellency, the

Governor, inform him that the General Assembly is ready to adjo.urn at one o'clock P. M., this day, and enquire whether he desires to make any further communication, beg

leave to report that they have performed the duty imposed,

and the reply of the Governor is, that he has no further

communication to submit.

Respectfully submitte,!l.

M. \V. BECK,

Chairman Committee on part of the Senate.
s. P. GILBERT,

Chairman Committee on part of the House.

The Senate took up the report of the Finance Committee on the bill of the House to provide for the apP,ointment of two assistants for the State Chemist, and for other purposes.

The report was agreed to.
The bill was read the third time and passed, ayes 24, nays 2.
On motion of Mr. Cabaniss the Senate insisted on its amendment to the bill of the House to provide for payment of persons entitled to money received as refunded cotton tax, etc.
The Senate insisted on its amendments to the bill of the House to amend article 7, section L paragraph 1 of the Constitution, etc.
The following meRsage was recei \ed from the House of Representatives through Mr. Hardin, the Clerk thereof:

Jib. President :

The House refusee to recede from its amendment to thr following Senate bill, to-wit:

THURSDAY, OCTOBER 15, 1891.

803

A bill to incorporate theWoodbury Banking Company.

The House has also passed the following Senate bill, as amended, by the requisite majority, to-wit:

A bill to incorporate the Atlantic and Northwestern Railroad Company.

The Senate, on motion of Mr. Nunnally, took up the bill of the House to appropriate money to complete the Roster of Conftlderate Troops, etc.

This bill was put upon its passage on a previous day, and pending the announcement of the vote the bill was laid on the table.

The President declared the vote and announced that the bill was lost for the want of a constitutional majority.

The action of the Senate thereon was reconsidered on motion of Mr. Cabaniss, and the bill was put upon its passage.

Those who voted in the affirmative are Messrs.-

Beck,

Irvine,

Tatum,

Cabaniss,

Lamb,

Terrell,

Callaway,

J,anier,

Walker,

Culpepper,

McRae,

Williams,

Culver,

Nunnally,

Witcher,

Flint,

Smith of 28th Dist., Zachry.

Harlan,

Those who voted in the negative are Messrs.-

Beard,

Harp,

Patton,

Boyd,

Hill,

Smith of 6th Dist.,

Bennett,

Hodge8,

Strickland,

Candler,

Johnston of 39th Di;;t., Todd,

Eason,

Lane,

Vincent,

Ellington,

Mullis,

Warren.

Gill,

There are ayes 19; there are nays 19.

So the bill was lost, not having received a constitutional majority.

The Senate concurred in the amendments of the House to the following bills of the Senate, to-wit :

A bill to incorporate the Atlantic and Northwestern Railroad Company.

Also) a bill to incorporate the woodbury Banking Company.

804

JOURNAL OF 'HE SENATE.

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

Mr. President:

The House has concurred in the following resolution of

the Senate, to-wit:

A resolution to fix the hour of final adjournment at 1

o'clock P. M.



The Senate took up the report of the General Judiciary Committee on the bill of the House to prescribe the conditions on which a certain class of fire-arms may be carried, to provide a license for the same, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 26, nays 5.

The Senate took up the report of the Finance Committee on the bill of the House to amend an act to make appropriations for the ordinary expenses of the Executive, JJ.Idicial and Legislative Departments of the Government, payment of public debt and interest thereon, and for the support of the public institutions and educational interest of the State for each of the fiscal years ending 1891 and 1892, and for other purposes, approved December 26, 1890.
The report was agreed to.
The bill was read the third time, and on the question_ of its passage, the ayes and nays were recorded.

Those who voted in the affirmative are Messrs.-

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

Hill, Hodges, Lamb, Lane, Lanier, McRae, Mullis, Nunnally, Patton, Smith of 6th Dist., Smith of 28th Dist.,

Strickland, Tatum, Terrell, Todd, Vincent, Walker, Warren, Williams, \Viteher, Zachry.

Those who voted in the negative are Messrs.-

Glenn,

Irvine.

There are ayes 33; there are nays 2.

THURSDAY, OcTOBER 15, 1891.

805

So the bill was passed by a constitutional majority.
The Senate took up the report of the Committee on CorJ>Orations on the bill of the House to amend the charter of the town of Ellijay, in Gilmer county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to prescribe the mode and way for the sale of liquors in Emanuel county for medicinal purposes, and to fix a penalty for violation of the same.
The report was agreed to.
The bill was read the third time and passed, ayes 29, nays 0.
The Senate took up the report of the Committee on Military Affairs on the bill of the House to provide for the honorable retirement from service of commissioned officers of .the Georgia volunteers, and for other purposes.
The report was agreed to;
The bill was read the third time and passed, ayes 28, nays 0. .
The Senate took up the report of the General Judiciary Committee on the bill of the House to provide for an examination of the pension rolls by the grand juries of the State, and for other purposes.
The report. was agreed to.
The bill was read the third time and passed, ayes 25, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to regulate the business of building and loan associations incorporated under the laws of this State, which do business outside of this State, and also those organized under the laws of other States or foreign governments.
The report was agreed to. The bill was read the third time and passed, ayes 34, nays 0.

806

JOURNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to provide for the establishment of a public library for the city of Marietta.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time and passed, ayes 33, naysO.
The Senate took up the report of the Committee on Finance on the bUl of the House for the relief of the Putnam Rifles on a bond given the State.
The report was agreed to.
The bill was read the third time and passed, ayes 27, nays 0.
The Senate took up the roport of the Committee on Corporations on the bill of the House to amend an act to create a city government for the town of Eatonton in Putnam. county, and for other purposes.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time and pass<Jd, ayes 32, nays 0.
The Senate took up the report of the Committee on the State of the Republic on the bill of the House ~o prohibit the dumping of carcasses in the streams of this State; to provide a penalty therefor, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 28, nays 0.
The Senate took up the report of the Committee on Finance on the bill of the House to relieve Capt. John W. Boston and his bondsmen in the matter of arms and accoutrements destroyed by fire in the county of Scriven in the year 1886, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 31, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to provide for record-

THURSDAY, OcTOBER 15, 1891.

807

ing the bonds of County Treasurers, Tax-Collectors and Tax-Receivers in cases where one or more sureties on such bonds own real estate outside of the county wherein such officer holds such office.
The repC?rt was agreed to. The bill was read the third time and passed, ayes 30 ; nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend paragraph 8 of section 2 of the tax act, approved Decemher 26, 1890, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes :n,
J.
The Senate took up the report of the General Judiciary Committee on the bill of the House to require certain corporations to give their discharged agents or employees the causes of their removal or discharge when discharged or removed.
The report was agreed to. The bill was read the third time and passed, ayes 28, nays 0.
The bill of the House to amend section 2, paragraph 21 of the tax act approved December 26, 1890, was laid on the table.
The Senate, on motion, took a recess, subject to the call of the President.
After a brief recess, the Senate was called to order by the President.
'
Mr. Callaway offered the following resolution, which was read and agreE:d to, to-wit:
WHEREAS, The Sigma Alpha Epsilon Convention will meet in this city on December 28th, 29th and 30th, 1891,
Therefore resolved, That the use of the Senate chamber be tendered to said convention during their said session.
The following message was received from the House through Mr. Hardin, the Clerk:

808

JoURNAL OF THE SENATE.

Mr. President: The House has passed the following Senate bill, to-wit :
A bill to amend an act regulating the hours of trainmen on railroads in this State, and for other purposes.
The House has passed, with an amendment, the following bill of the Senate, to-wit:
A bill to regulate the appointment, term of office, and removal of physicians of the Lunatic Asylum.
The following message was received from the House through Mr. Hardin, the Clerk :
Mr. President: The House has adopted the following resolution, in which
the concurrence of the Senate is asked, to-wit:
A resolution instructing our Senators and Representatives as to the financial policy of the government, and for other purposes.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
Mr. President: The House refuses to recede from its disagreement to the
Senate amendment to the following:
A bill to provide for the payment of the direct tax money, and asks for a committee of conference, and names as said committee on part of the House, Messrs. Fleming, Berner and Atkinson of Coweta.
Also, insists on its refusal to concur in Senate amendment to the following bill :
A bill to amend article 7, section 1, paragraph 1 of the Constitution, and asks as committee of conference Messrs. Baldwin, Hand and Hill of Meriwether.
The Senate agreed to the request of the House for a Conference Committee on the bill of the House to provide for the payment of the money received for direct tax on cotton.
The committee appointed by the President consists of Messrs. Cabaniss, Callaway, and Smith of the 28th District.
The committee, after consideration, reports in favor of the Senate receding from its amendment.
This report was adopted.

THURSDAY, OCTOBER 15, 1891.
The following message was received from the House -through Mr. Hardin, the Clerk. Mr. President:
The House has concurred in the Senate amendments to the following House bills, to-wit:
A bill to amend an act requiring millers to brand all packages of flour or meal.
Also, a bill to prescribe the method of granting charters for banking companies.
Also, a bill to provide for incorporating railroads, etc. Mr. Glenn, Chairman of the Committee on Enrollment, cSubmitted the following report:
Mr. President:
Your Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following Senate bills, to-wit:
An act to change the. manner of selecting Commissioners of Roads and Revenues in counties where the same are now elected by the qualified voters of said counties.
Also, an act to repeal an act to abolish the office of County Treasurer of the county of Monroe, and to make the Chairman of the Board of County Commissioners ex officio Treasurer in and for said county, and to define his duties, etc., approved Sept. 18, 1883, to provide for the election of a Treasurer for said county of Mor.roe, etc.
Also, an act to establish city courts in counties having a population of fifteen thousand or more, when the same do not now exist upon the recommendation of the Grand Jury ~f said co11nties, to define the power, mode of Felecting officers and jurisdiction of same.
Respectfully submitted. R. M. W. GLENN, Chairman.
Mr. Glenn, Chairman of Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment report as duly enrolled, and ready for the signatures of the President and Secretary ..of the Senate, the following Senate bills, to-wit:

810

JOURNAL OJ<' THE SENATE.

An act to provide additional security to material-men and laborers, to provide a penalty for making false affidavit, et6.
Also, an act to make County Administrators ex otfic'io County Guardians, prescribe their duties, etc.
Also, an act to amend the act of October 25th, 1889, so as to further limit and restrict the issuing of licenses by the Georgia State Board of Pharmacy.
Also, an act to amend section 3409 of the Code of Georgia.
Also, an act to amend section 534 of the Code of 1882, etc.
Also, an act to prevent combinations, or pools of insurance companies, or their agents, tending to defeat or lessen
competition, in the business of insurance in the State or
Georgia.
Also, an act to amend an act to prohibit the sale of spirituous, alcoholic, or malt liquors wi~hin a radius of three . miles of any church, or public or private school-house in the State of Georgia, etc.
Also, an act to incorporate the Stephens Industrial Society.
Also, an act to amend section 4391 of the Code of 1882, of the State of Georgia, etc.
Also, an act to incorporate the town of Milan, in thecounties of Telfair and Dodge, etc.
Also, an act to alter and amend article 3, section 7, paragraph 18 of the Constitution of the State, etc.
Also, an act to incorporate the Atlanta Trust and Guarantee Company, and for other purposes.
Also, an act for receiving, appointing and disbursing the common school fund, and for other purposes.
Also. an act to change the time of holding the Superior Court for the county of Echoll:l.
Also, an act to be entitled an act to provide the mode of granting charters and amendments to charters already granted or that may hereafter be granted, incorporating towus, villages and municipalities of less than two thousand inhabitants, and of schools, churches and other societies in this State, and for other purposes.



THURSDAY, OcTOBER 15, 1891.

811

Also, an act to amend section 4406 of the Code of 1882, relating to the larceny of bonds, notes, etc., and prescribing a . penalty therefor, so as to make the larceny a mi:;denieanor when the property stolen is under the value of fifty dollars,

and to prescribe a penalty therefor, and for other purposes.

Also, an act to amend section 792 of the Code of Georgia, and for other purposes.

Respectfully submitted.

R. M. w. GLENN,

Chairman Committee on Enrollment.

Mr. Glenn, Chairman Committee on Enrollment, submit-. ted the following report:

Mr. President:
Your Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate and the Speaker and Clerk of the House, the following Senate bills, to-wit:
An act to incorporate the Farmers' and Merchants' Bank, of Hartwell.
Also, an act to incorporate the Southern Air-Line Railroad Company.

Also, an act to establish City Courts in counties having a population of fifteen thousand, etc.

Also, an act to repeal an act to abolish the office of County Treasurer of the county of Monroe.

Also, an act for the protection of game in Floyd county, and to prescribe a penalty, etc.
Also, an act to regulate the appointment, term of office, and removal of physicians of the lunatic asylum.
Also, an act to incorporate the town of Milan, in the counties of Telfair and Dodge, etc.

Also, an act to incorporate the Stephens Industrial Society.

Also, an act to ame'nd an act to prohibit the sale of spirituous, alcoholic or malt liquors within a radius of three miles of any church or public or private school-house in the State, etc.

Also, an act to change the manner of selecting Commis-

JOURNAL OF THE SENATE.
sioners of Roads and Revenues in counties where the same are elected by qualified voters of said counties, etc.
Also, an act to provide additional security to materialmen and laborers, etc.
Also, an act to amend the act of October 25, 1889, so as to further limit and restrict the issuing of licenses by the Georgia State Board of Pharmacy.
Also, an act to incorporate the Atlantic and Northwestern Railroad Company, etc.
Also, an act to regulate the hours of labor of trainmen on railroads in this State, etc.
Also, an act to prevent combinations or pools of insurance companies or their agents, tending to defeat or lessen competition in this State, etc.
Also, an act to amend section 534 of the Code of 181:l2, etc. Respectfully submitted.
R. M. W. GLENN, Chairman.
The request for a Conference Committee on the disagreement of the House and Senate on bill of the House to amend article 7, section 1, paragraph 1 of the Constitution, etc., was granted, and the President appointed as the committee Messrs. Terrell, Candler and Ellington.
After consideration of the subject-matter, Mr. Terrell reported that the Committee of Conference were unable to agree, so the Senate adhered to its amendment.
The Senate took up the report of the Committee on Charters on the bill of the house prescribing the mode of incorporating railroads.
The report was agrP.ed to.
The bill was read the third time and passed, ayes 31, naysO.
The Senate took up the report of the Committee on Charters on the bill of the House to prescribe the method of granting charters for banking companies, and for other purposes.
The report was agreed to.
The bill was read the third time and passed, ayes 31, nays 0.

THURSDAY, OcTOBER 15, 1891.

813

Mr. Glenn, Chairman Committee on Enrollment, submitted the following report:
Mr. Pre~ident:
Your. Committee on Enrollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate and the Speaker and Clerk of the House, the following Senate bills, to-wit:
An act to provide for receiving, apportioning and disbursing the common school fund, etc.
Also, an act to incorporate the Atlanta Trust and Guarantee Company, etc.
Also, an act to make County Administrators ex officio County Guardians.
Also, an act to provide and establish a system of waterworks and electric lights for the town of Elberton, Georgia, etc.
Also, an act to incorporate the Woodbury Banking Company, etc.
Also, an act to amend section 3409 of the Code of Georgia, etc.
Also, an act to rearrange the Flint and Stone Mountain Judicial Circuits, etc.
Also, an act to amend section 792 of the Code of Georgia, etc.
Also, an act to amend section 4391 of the Code of 1882, of the State of Georgia, etc.
Also, an act to alter and amend article 3, section 7, paragraph 18 of the Constitution of the State, and for other purposes.
Also, an act to amend section 4406 of the Code of 1882, etc.
Also, an act to provide the mode of granting charters incorporating towns, villages and municipalities of less than two thousand inabitb.nts, etc.
Also, an act to change the time of holding the Superior Court for the county of Echols, etc.
Respectfully submitted. R. M. W. GLENN, Chairman.

814

JOURNAL OF THE ~ENATE.

Mr. Glenn offered the following resolution, which was agreed to:
WHEREAS, Wm. Augustus Harris, the Hon. Secretary of the Senate, has so ably and so efficiently performed the functions of his high, difficult, and responsible position as Secretary of the Senate ; and
WHEREAs, He, the said Hon. Secretary, has been ably and efficiently assisted by Henry H. Cabaniss, the Hon. Assistant Secretary of the Senate; and
WHEREAS, Also, he, the said Hon. Secretary, has been also ably and efficiently assisted by the whole clerical force of the Senate, thus making the work of this body rapid, easy and intelligent, thereby saving to the State many thousand dollars ; and
WHEREAS, The Senators have met with nothing but uniform kindness, and efficient aid in every and all work at the hands of the said Hon Secretary, and his dis. tinguished corps of Assistants,
Be it therefore resolved, That this Senate takes great pleasure in returning its unfeigned thanks to Wm. Augustus Harris, the Hon. Secretary of the Senate, and also to Henry H. Cabaniss, the Hon. Assistant Secretary of the Senate, and to all the clerical force for the dignified, faithful and efficient manner in which the clerical work of the Senate has been done.
We also take pleasure in returning thanks for so many acts of kindness received by us from the whole clerical force of the Senate, of which Wm. A. Harris is the distinguished head.
And now, in the hour of parting, we extend to our distinguished Secretary and to his distinguished corps our sincere wishes for their safe return home to the bosom of their families, and friends, and neighbors; and may each and all of them have long life and prosperity.
Mr. Ellington moved to take up the resolution from the House requesting our Senators and Representatives in Con. gress to use their influence in favor of certain legislation indicated by the C01wention at Ocala; Florida, but the motion did not prevail. . Mr~ Candler offered a resolution, which was agreed to

,

THURSDAY, OcTOBER 15, 1891.

815

tendering use of the Senate chamber to the Chi-Phi . Fraternity.
Mr. Glenn offered the following resolution:
Resolved, That the thanks of the Senate are hereby tendered the Hon. R. G. Mitchell, President of the Senate, for his uniform kindness and courtesy to each and every member during the present session, and for his energy, impartiality and ability evidenced in the discharge of the duties of his responsible position.
Mr. Terrell offered the following resolution, which was unanimously agreed to.
Resolved, That the thanks of the Senate are due, and are hereby tendered, the Hon. Geo. W. Warren, President pro tem. of the Senate, for the faithful, able and conscientious discharge of his duties, and the uniform courtesy extended by him to this body.
The following resolution, offered by Mr. Johnston of the 39th District, was agreed to.
Resolved by the Senate, That the thanks of the Senate are {].ue, and are hereby tendered, the State press for the faithful and correct reports of the proceedings of this body during the session.
PRESIDENT MITCHELL'S FARE WELL.
Resuming the chair again and calling the Senate to ordPr, pursuant to an adjournment, President Mitchell said:
"SENATORs-The science of government is as broad and deep as the ocean itRelf, and its perfect solution lies as far beyond the ken of human wisdom as does the concealed treasures of the great deep from the -reach of human vision.
"The perfection of law has engaged the best thought and effort of mankind from the beginning of time, and yet we are far from attaining the end.
"That you have enacted some laws that are unwise was to be expected. That you have enacted others that are wise is equally true, but that you have enacted any law without the best interests of the people of Georgia at heart, I believe to be emphatically untrue.
" Your work goes to your constituents and must stand or fall by the test of time and experience. The wisdom of --it can only be fully determined by this test. The con-

816

JOURNAL OF THE SENATE.

sciousness, however, of an integrity of purpose and purity of motive in the passage of some laws, and the failure t~ pass others that have been considered by this body, while it cannot remedy defects, nor remedy perfect that which is imperfect, can be carried home with you and remain a living, abiding reality in each Senator's breast, that even the ravages of time itself cannot efface.
"The sense of duty, honestly pprformed, shields as effectually the heart of the patriot as did the steel-clad armor of the ancient soldier his person, from the poisoned arrows of the enemy. Unjust criticism, whether it comes in the garb of serious condemnation or in the biting sarcasm of mercile!:!s ridicule, will fall as harmless at the upright legislator's feet as did the broken arrows at the feet of the mailed warrwr.
"Senators, the time having arrived to declare this Senate adjourned sine die, the declaration of it is fraught with more meaning to as than would appear in the mere formal announcement of it. \Vhile we rejoice that our labors have been brought to a close, that we are soon, in the providence of God, to be reunited to our loved ones at home and take our wonted places among our people who have commissioned us with this high tr11st, yet the solemn fact comes to our minds, unbidden though it may be, that this Senate, as a body, has convened its last time, and when it adjourns a few moments hence it will stand adjourned forever. In the very nature of things, it is impossible that we shall ever meet again in like capacity. Many of us, perhaps, widely separatec as we will be, can never more renew in person the friendship so strongly formed in 1890 and 1891. Some of us, we know, must very soon, and all at no very distant day, cross over the river.
" Let us then, in view of these solemn facts, consecrate ourselves anew this day to God, our homes and our country.
"Senators, I cannot take my leave of you without acknowledging publicly a profound sense of gratitude for the official and personal consideration and kindness invariably and uustintingly received at your hands.
" 'Vhatever of little reputation may have come to me by virtue of being your presiding officer is due solely to your

THURSDAY, OcTOBER 15,~1891.

817

generous conduct, and the unselfish upholding of my hands in the performance of every official duty. The respect and esteem which I first entertained for you has, from long ar;sociation and better acquaintance, ripened into affection, and I say candidly a reciprocity of this feeling on your part will be a more gratifying and enduring memory with me than all the honor attached to the official position.
"To say more would, perhaps, be superfluous; to say less would fail to even partially express the feeling of a heart that will always remember you and the officers and attaches of this body with kindness and gratitude. I now declare the Senate of 1890 and 1891 adjourned sine die."
At the close of his address, the President declared the Senate adjourned sine die.
52

INDEX
TO
JOURNAL of the SENATE
FOR THE
ADJOURNED SESSION 1891.

INDEX.
PART I.
SENATOR..."l AND OFFICERS WITH THEIR POST-0FFICES.
Allred, Hon. L. J.-Doorkeeper............................................. Jasper Beard, Hon. Henry H......... ......... ...... ................. Buford P)st-office Beck, Hon. M. W ........................................................... Jackson Bennett, Hon. Henry A ........................_. .........................Surrency Boyd, Hon. J. W .............................................................. Feronia Brown, Hon. J. W.................................................... Waymansville Cabaniss, Hon. Thos. B..............................~ ........................Forsyth Cabaniss, Hon. H. H.-Secretary protem....................... ...... Atlanta Callaway; Hon. E. H .................................................. Waynesboro Candler, Hon. W. E ......................................................Blairsville Culpepper, Hon. J. M.................................................. Fort Valley Culver, John L .............................................................. Culverton Eason, Hon. M. T........................................................... Reidsville Ellington, Hon. W. T.......................................................Thomson Flint, Hon. \V. T................................................................8haron Gill, Hon. W. C ...............................................................Leesburg Glenn, Hon. R. ~I. W.................................................... LaFayette Golden, Hon. W. F......................................................Buchanan Harlan, Hon. James W....................................................Calhoun Harp, Hon. LaFavette........................................................Cusseta Harris, Hon. W. A.-Secretary...........................................Isabella Hill, Hon A. C............................................................. Bronwood Hodges, Hon. F. B........................................................... Hartwell Irvine, Hon. W. T ........................................................ Dirt Town Johnson, Hon. Richard.......................................................Clinton Johnston, Hon. J. H .....................................................Alpharetta Jones, Rev. John, D. D.-Chaplain...................................... Atlanta Lamb, Hon. T. W .......................................................... Brunswick Lane, Hon. E. W ..............................................................Endicott Lanier, Hon. R. H ........................................................... Damascus McRae, Hon. John .............................................................McRae ~Iitchell, Hon. Robert G.-President.............................Thomasville Mullis, Hon. W. T ............................................................ Cochran Nunnally, Hon. J. E..........................................................'Monroe O'Neal, Hon. Maston ..................................................... Bainbridge Patton, Hon. Robert ........................................................ Ellav

822

INDEX.

Paulk, Hon. Robert L...................................................................
Smith, Hon. J.D.-(6th district)........ : .................. Avoca Smith, Hon. E. B-(28th district)...................................Smithsboro Strickland, Hon. Pompey............................................Barrettsville Tatum, Hon. Seth ..........................................................LaGrange Terrell, Hon. J. 1\I........................................................ Greenville Todd, Hon. Robert ..........................................................Lovejoy Vincent, Hon. C. B ................................................. Talking Rock Walker, Hon. J.P............................................................Weston 'Varren, Hon. George W.-President pro tem ... .................. Louisville Williams, Hon. P. W.......................................................Ellabelle Witcher, Hon. C. 1\L..................................................... Point Peter Zachry, Hon. C.'!'.....................................................McDonough

INDEX.

PART II.

SENATE BILLS AND RESOLUTION;~.

ADl\HNISTRATORS, ETC.
A Bill-To make County Administrators ex offici>, Couu y Guardians ........................................ 125 182 195 779

ADVERTISINGA Bill-Prescribing the medium for legal advertising..... 175

ANNOUNCEMENT-
Of the death of Hon. Maston O'Neal, Senatorfrom thP. 8th District........................ .. .. ..... .. ..... .. .... .. ... ... 700

APPROPRIATION BILLS-

A Bill-To reduce the appropriation for the Volunteers

from $25,000.00 to $10,000.00...... ...... ...... ........

-!6

ASSEMBLING .................................... "'

5

BANKS-

A Bill-To incorporate the Bank of Thompson .............. 3 42 51 To incorporate the Bank of Social Circle ...... 4 42 59 265 To incorporate the Bank of Jug Tavern ........4 42 60 265 To incorporate the Jackson Savings Banking Company................. ...............................42 65 2Ti To incorporate the Bank of Cochran ............... 71 86 112 To incorporate the Southern Exchange Bank, etc.......................................................169 182 195 To incorporate the Exchange Bank of Forsyth, Georgia .................................. 173 182 19-l 551 To incorporate the Bank of Commerce of Sum- merville, Georgia ................................ 154 183 194 551 To incorporate the Bank of Louisville ..........154 190 204 To incorporate the Reynold's Exchange Bank.336 352 373 To incorporate the Georgia ~avings Bank......... 472 504

824

INDEX.

A Bill-To incorporate the Atlanta Trust and Guaranty Company ................................................495 568 669
To incorporate the Economical Banking Com pany ...............................................495 525 541 697
To incorporate the Woodbury Banking Company ......................................... 552 570 592 795 803
To incorJ1orate the Farmers' and Merchants' Bank of Hartwell .............................607 623 633 795
To incorporate the Mutual Building Loan and Land Association of Georgia ..................... 527 561 597

CANALS-
A Bill-To amend the charter of the Suwannee Canal Company .............................................234 299 317

CHARTERS-
A Bill-To provide a mode af granting Charters............ 294 To provide a mode of granting charters for towns, villages, schools, churches, etc..228 470 629 662

CODE-AME:liDMENTS OF-

A Bill-To amend section 3910(d)................................. 42 68 93

To amend section 1319......... ......... ......... ... .....

58

To amend section 2057()........ ..... .. ......... ......

59

To amend section 3406 ............................... l'o7 320 470

To amend section 'J98 .................................. 68 88 697

To amend section 1676 ............................... 68 104 112

To amend section 2545 ...... .. ...... ... .... .. .. ... .. ....

73

To amend secti.on 1696............... ......... ... .........

88

To amend section 2057(f).................................. 106

To amend section 1705 ............................... 117 411 502 To amend section 4662......................... 120 202 234 460

To amend an Act to amend Section 943(a).. ...... 133

'fo amend section 4625(c) ........................... 156 194 233

'fo amend section 4t41.. .... ... ... ..... 165 233 257 2i2 299

316 337 357 366 387

'fo amend section 3409 ... .. .... .. .. .. .... .. ... 182 232 242 779

To amend section 1977 ... .... ... .... .. ... .. .... .. ... .. .. ...

768

To amend section 1553(b) ......... .. .. .. .. ... ... .. .. ...... 189 252

To amend section 4535 ........................ ,...... 190 232 243

To amend section 620........ ........... ..... .... ......... 192

To amend section 1103(j) ......... ... ........ .. .. .... 653 660 693

To amend section 1553(c)........... ... ....... .. .... .. .... 195

To amend section 4440, par 4 ................ .. :... 199 238 273

To amend section 616(d)......... ......... ........ 212 232 243

To amend section 620 ............................ ;... 212 352 388

To amend section 1409(e) ........................ 295 352 373 'To repeal section 3910(a) .................................. 327 406

INDEX.

825

A Bill-To amend section 4~06 of the Code .............. 472 504 516 To amend section 53-l of the Code............... 48ti 504 517 To amend section 792 of the Code............... 616 632 661 To amend section 4391 of the Code ............. 616 632 662

COMMITTEES-

To inform the Governor .that the Gent>ral As-

Asemhly had convened ...................................

5

On revision of the Pension Laws .......................

41

On investigations of Railroads ........................... 98 177

Additions to Committees................................. 163

On certain derogatory reports ............... ............ 234

Of conference on the School Bill of Senate ......... 658

To att~nd the funeraTof Hon.. Maston O'Neal.. ... 700 702

To prepare and submit resolutions on the death

of Hon. Maston O'Neal ................................ 703

To visit the Savannah River Association ............ 742

Of conference on the Bill of the House to dis-

tribute the Cotton Tax Fund ........................ 808

Of conference on House Bill to amend article 7,

section 1, par. 1, of the Constitution .............. 812

CONSTITUTION-A)!KXDMEXTS OF-

A Bill-To amend atticle 7, section 2, par. 1, of the Constitution ..................................................... 59 87
To amend par. 6, section 4, art. 3, of the Constitution ............................................. 66 120 138 183
To enforce article 3, section 7, par. 18, of the Constitution .............................. 88 94 97 98 111 603
To alter and amend article 3, section 9, par. 1, of the Constitution......... .... .... ......... .. .. .. .. .... 110
To amend article 7, section 1, par. I, of the Constitution ............................................... 362 411 429
To carry into effect par. 4, section 2, of article 4, of the Constitution......... .... ..... ...... ... .. .... 389 395 767
To amend par. 1, of section 12, of acticle i, of the Constitution......... ... ...... .... .. ... ....... .. .. .... 685 699 705

COTIOX SALEi-:-

A Bill-To regulate the sale of colton in this State... 89 94 98 138 192 461 467
To regulate sale of seed cotton in J effersoa county............................................ 234 252 272 775

COUNTY OFFICERS-

A Bill-To fix the fees of Solicitors of County Courts in c>rtain cases .................................... 175 411 429 477
To repeal an Act abolishing the office of Treasurer of Monroe county ...................... 312 352 377 795

826

INDEX.

A Bill-To change the mode of selecting Commissioners in certain connties .......................... 492 540 592 795
To prescribe fees of County Court Judges .......... 642 711

COURTS-CouNTY, CrTY A:-ID CamrNAL-

A Bill-To discontinue County Courts on recommenda-

tions of Gr11.nd Juries ............................... 67 721 734

To confer additional jurisdiction on f;ounty

Courts ........................................................ .

82

To require r~cords of abolished County Courts

deposited in Clerk's Office of Superior Court... 3!l!l

451 451

To establish City Courts on the recommendation

of two successive Grand Juries in counties

having 18,000 inhabitants, or more..... 540 587 618 795

co U R T S - J L"STICE-

A Bill-To amend an Act fixing tbe venue oi Justice Courts in eities over 15,000 inhabitants ............ 83 172

COURT3-St:PERroR .\~D Juo:>Es-
A Bill-Authorizing .Judges of Superior Courts to fix the grade of turnpikes ................................. 46 120 12:}
To repeal an Act providing special terms of Superior Court to grant charters ....................... 116 325
A Bowing J urlges to refund parts of costs :paid to take cases np from Justice Courts................. 133 22ti
To provid~ for speedy trial of cases in which Atlanta is interested .................. , ............... 154 246 276
To incorporate he Bank of Commerce in Summenille, Georgia............................... .... ...... 154
To incorporate the Bank of Louisville, Georgia ............................................: ........ ........ 154
To change h P time of holding the Snperior Courts of Lee county ............................. 211 232 243
To change the time of holding the Superior Court of Echols county ........................ 681 699 706

CO URTS-SrPRE)IE-

A Bill-To authorize the Supreme Court to decide certain

cases ore tenu. .........

66 179

EDUCATIONAL-

A Bill--To amend, revise and consolidate the Common

School Laws, etc.................. ..... ..... ...... ......

71

To establish uniform system of Text Books for

the Public Schools................................... 169 699 722

To amend an Act to amend, revise and con-

solidate the Common School I..aws.. ......... ... ..

283

INDEX.

827

A Bill-To extend the term of the Common Schools and for other purpose!'............ .. .... ... .. . 349 364 365 409 413 438 628 776
To provide for the Education of Certain Children near the State Lines..................... .. ..... .. a9i>

ELECTIONS-

Election of B. D. Evans, Esq., as Solicitor of the

Middle Judicial Circuit.................................

52

Election of Hon. W. H. Fish as Judge of the

Southwestern Judicial Circuit........ ........ ......

1\4

EXECUTIVE SESSIONS-

88 103 115 213 332 383 604 801

EXEMPTIONS-

A Bill-To exempt Confederate soldiers from road duty

46

FERTILIZERs-

A Bill- -To amend, revise and consolidate the laws relating to Analysis, Inspection and Sale of Fertilizers, etc................... ............ 5-H 559 577 n6 751

HUNTING AND FISHING-
A Bill-To prohibit Hunting and Fishing on certain lots in Decatur county................................. 59 89 93' 282
To prohibit Hunting, :Fishing, etc., on the enclosed land of others........................... ......... 13:}
To prohibit Hunting and .Fishing on the lands of another in Coffeecounty......................189 202 355
To prohibit Hunting and Fishing on certain lots in Decatur county............................. 283 295 304 332
'fo protect game in Floyd county ................ 540 711 748

INSURANCE LAWS-
A Bill-To prevent Combinations, ete., to defeat competition, etc ................................................... 726 749

I~VITATIONS-

To visit Lithia Springs .... .. ... .... .. ... ... .... .. .... .. ... ... ...

fi3

To attend Savannah River Associlltion ......... ......... ...... .. 249

JOINT SESSIONS-

To elect a Solicito -General for the Middle Judicial Cir-

cuit.............................................................

51

To elect a Judge of the Southwestern Judicial Circuit...

64

To hear the a<idress of Chancellor Boggs of the State

University................................................... 147

To hear an address by Hon. Patrick Calhoun on "Deep

Water" at S~vannah ...... .. ......... ........... ........

221

:828

INDEX .

.JUDICIAL CIRCUITS-
A Bill-To create and organize a new Judicial Cireuit......443 486 To re-arrange certain Judicial Circu:ts...........465 7:!1 734
.JURY LAWS, JURORS, Etc-
A Bill-Amending.the Jury Laws of the Rtate............... 200 226 Requiring Grand Juries to reduce evid.,nce to writing ...... ..... ...... ...... ...... ...... ..... ...... ......... 406
LIENS-
A Bill-To further provide for liens of Mechanics and others........ ........ ..................411 451 41}5 507 529 779
LIQUOR LAWS-
A Bill-To prohibit manufacture and sale of liquors near Le~el Creek Church...................................... 69
To prohibit sale of liquor in Pulaski county ........ 98 145 226 272 292
To amend the Prohibition law of Hart county...... 222 To amend the Act prohibiting the sale of liquor
near school-houses and churches, etc........... 249 295 304 329 782
To amend the local option law of Hart County 297 326 342
To prohibit persons from purchasin~ liquor in prohibition counties................................ 690 710 716
MESSAGES-FRoM TBE Hor:sE-
5 ::s 45 57 58 67 U 83 85 90 95 104 lO<J
112 117 121 122 123 125 132 144 149 153 163 168 172 17H 197 206 208 216 223 230 234 235 245 250 266 278 284 2<J1 302 3t3 322 386 345 346 350 360 379 385 892 403 424 436 444 454 468 478 480 490 492 508 519 532 539 544 554 569 575 602 614 626 656 660 679 6&1 690 694 701 717 726 730 740 744 753 757 763 772 782 788 789 796 798 799 800 802 804 807 808 809.
MESSAGES-FROM THE GoYERNOR-
6 7 37 42 47 53 57 61 84 109 115 128 129 151 155 157 170 190 208 252 326 330 382 405 493 604 642 656 695 708 744 772 774 798 800 801.
MILITARY LAWS-
A Bill-To provide for the honorable retirement of Commissioned Officers of the Georgia Volunteers.. 591 624 634

INDEX.

829

l\IISCELLANEO US-

A Bill- To render void promises to pay attorney's fees,

in notes, etc.......... ... ...... ..... .... .... ....... .. .. .. ....

48

To cede jurisdiction over certain laud in Savan-

nah to the United States................. ........... 6 71 75

To further restrict licensf's by the Georgia State

Board of Pharmacy............................... 61 89 91 779

'l'o authorize the punbase of track hounds........

75

To provide for punishment of pools, trust and

conspiracies, etc............................... 104 108 184 :!31

To preyent combinations of coal dealers............ 279 552

To require payment of a license fee for carrying

Winchester rifles ......... .. .. .. ... ...... ...... . ..... .. .. Sll

To provide for binding out children in certain

cases......... ...... ... ... ... ...... ...... ...... .. .... .. ......... 336 566

To regulate the appointment, terms and removal

of physicians of the Lunatic Asylum ... 350 411 451 618

To amend the Oyster Laws of this State............ 352

To crP.ate an Advisory Board of Pardons..448 587 607 644

666 698 To prohibit Fortune-telling, etc................... ... 472 567 To incorporate the Stephen's Industrial Society.. 472 5tH

597 To provide for filin~ and bearing Election Con-
tests in this State.....................................527 632 6>76 For protection of State Capitol Building..... 552 605 617 To amend the pension laws so as to exclude
convicted felons from their benefits............... 603 614 .Authorizing certain persons to carry concealed
weapons, etc................................................ 616 643 To regulate the hours of trainmen in this State.. 710 734

739 ~IU~ICIPAL CORPORATION~-

A Bill-To incorporate the town of Cusseta, Georgia....... 142 183 204 272
To authorize Hawkinsville to issue bonds to build water works........................................ 142 156
To incorporate the town of Lovejoy, in Clayton county ..................................... 152 257 320 339 365
To authorize the town of Jonesboro to establish public schools.................................... 152 239 446 465
To amend the Charter of Atlanta in relation to Street Railroads.......................... 165 316 374 551 603
To authorize the establishment of a public school system in Calhouu Georgia ........ 172 227 268 314 383
'fo incorporate the town ot Lyerly, in Chattooga county ..................................................173 202 243

830

INDEX .

.A Bill-To incorporate the town of Nelson in Cherokee and Pickens counties.......................... 215 239 257 443
To incorporate the city of Chickamauga, etc...295 320 339 To incorporate the city of Hapeville.......312 332 339 443 To extend the corporate limits of Bainbridge..342 352 373 To amend an Act to amend and consolidate the
.Acts incorporating the city of Bainbridge...342 352 372 To amend the charter of Bainbridge in relation
to laying out streets ........................... 342 352 372 629 To amend the charter of Bainbridge in regard to
removal of nuisances......................... 342 352 372 629 To amend the charter of Bainbridge in regard to
sewerage................................................. 342 352 371 To amend the eharter of the town of Warsaw ..... 363 567 To incorporate the town of Culverton ...........389 411 451 To amend an Act authorizing the city of Forsyth
to issue bonds......................................... 399 421 427 To amend the charter of the town of Hawkins-
ville ...................................................... 406 421 477 To incorporate the town Etna... .. .... ... .. . . ... ...... 442 To provide for removing or repairing pavement
in any town or city in this State..........443 460 468 684 To proyide for establishing a system of water-
works and electric lights in Elberton...454 504 513 684 To incorporate the town of Sterling, in Glynn
rounty............ .................. ......... .................. 465 Amending the charter of the town of Tybee..552 587 607 To incorporate the town of Milan, in Telfair and
Dodge......... ......... ....... .. .. .. .. ......... ...... ......... 552 604
PEDDLERS-
A Bill-To allow Jas. B. Courson to peddle without license .. .... .. .. .. ..... ..... .. ... .... .. ... ........... .... .. ... 566
To authorize H. T. Bartow to peddle without license ......................................................... 298 fl66
PRACTICE-
A Bill-To define the rights of parties over settlement of suits ........................................................... 100 209
To require prepayment of costs in divorce suits.. 141 To authorize Grand Juries to take down evidence
in writing in certain cases............................. 165 To amend the law of "Year's Support".............. 457 To amend an Act to provide for the probate of
foreign rails .. .... .. .. .. .... .. .. .. .. .. ... .. .... ......... ... 768
RAILROADS-
A Bill-To incorporate the Alcovy and Sorthern Railroad Company .........................................4 59 69 265

INDEX.

831

A Bill-To incorporate the Tallapooea Street Railroad Company ...................................................67 75 94
To authorize Street Railroad Companies to sell to and contract with each other............ 6S 120 125 768
To incorporate the Thomson and Lincolnton Railroad Company, ................................. 69 75 93 98
To incorporate the Atlanta, Hapeville and Manchester Railroad Company ................... 83 120 125 442
To define and fix the liabilities of Railroads for shortage or losses of freight, etc ................. 91 145 157 406 457 503 528
To amend an Act to amend an Act to incorporate the Louisville Branch Railroad Company ...... ll6 119 137 442 476
To amend an Act to incorporate the Louisville Branch Railroad Company ........................ 116 120 137
To incorporate the Smithville and Hawkinsville Railroad Companies.................... ........ ...... ... 137
To incorporate the North Augusta Railroad Company.................................................... 222
To create and establish certain liens against. Railroad Companies .......................................... 268 329
To am~nd an Act amending the charter of the Cincinnati, Georgia and Florida Railroad Co.... 294 299 316
To incorporate the Brunswick, LaGrange and Northwestern Railroad Company,............ 297 328 355
To amend the charter' of the Carrollton Street Railroad Company ................................... 297 370 388
To make Railroad Companies, doing business in this State, liable in certain eases for damages ...................................................432 450 466 752
To incorporate Southern Air-Line Railroad Company .................................................... .472 486 502
To require persons, companies, etc., operating railroads to post notices of the time of operating the same ........................................... 508 632 685
To incorporate the Atlantic and Northwestern. Railroad Company ............................. 716 734 740 803
To allow the Georgia Southern and Florida to close certain alleys in l\lacon .. .... ....... ...... ...... 734

RAILROAD COMMISSION-

A Bill-To make the Railro~td Commission elective by the people ............................................. 200 738 767

832

INDEX.

RECOSSIDERATIONS-

Of Senate Bill-To furtlwr restrict license8 by the Georgia Boar<I of Pharmacy ........ ...... .....
Of Senate Bill-To incorporate the Thomson and Lincolnton Railroad Company ........., ....
Of Senate Bill-To incorporate Cusseta........................ Of Honse Bill-Requiring keepers of gins to keep re-
eords of their work................ ........ Of House Bill-To provide a Solicitor for the County
Court of Butts county........ ........ ...... Of Senate Bill-To amend section 4441 of the Code... Of Senate Bill-To incorporate the town of Lovejoy..... Of House Resolution-Toreiund money to C. C. Wheeler Of House Bill-Authorizing State Depositories to deposit
State bonds as security instead of official bonds, ete.... ......... ......... ...... ...... Of House Bill-To incorporate the town of Whitehall... Of House Bill-To amend the Tax Act of J8!H-1892...... Of House Bill-To locate the office of Tax Collector of Laurens county.... . ......... ...... ........... Of House Bill-To protect insane persons in the postal rights............................................ Of House Bill-To create a Board of Police for the city of Rome.........................................

96 97
!!7 206
236
:'>OH :345 345 :190
606 626 702
771
791
794

REGISTRATION LAWS -

A Bill-To amend the Registration Law of Appling county ...................................................... 69 71 75
To provide for Registration in EC;hols county .....76 89 93 To amend the Registration Act of Jru~per
county .................................................. 189 232 242

REPORTS-

Of committee to inform the Governor that the General

Assembly had reconvened..... .. ...... ..... .........

6

Of conference on House Bill providing for distribution

of the Cotton Tax Fund.......... ........ ...... .....

808

Of'Committee on Temperance......... 44 102 14-5 210 226 238 291

323 334 579 688 704 754 778

Of Committee of Conference on bill of the House to amend article 7, Fection 1, paragraph 1 of the Constitution .. ,............................................. 812
Of Committee on Railroads ............................... 72 47 92 119 129 186 188 193 213 219 258 297 324

336 356 364 370 374 404 428 458 471

499 500 530 578 611 630 655 681 712

(minorty report 713) 731 748 7114 793

INDEX.

833

Of Special Joint Committee to Examine Sutton's Georgia
Justice......... .. ... .. .... .. .... .. .... .. .... .. ..... .... ...... 528
Of Committee on General Judiciary...-!5 65 73 86 00 99 103 108 142 167 171 180 ISS 224 230 2.')2 263 277 281) :310 325 :{35 362 39<J 446 4ti4 550 630 652 691 704 718 759 777 794
Of Committee on Banks...47 57 100 178 188 231 246 279 28<J 341 346 361 410 417 418 448 469 501 514 632 668 719 772

Of Committee on Public Schools..... 70 171 210 331 363 402 411 449 507 550 634 646 787

OiSpecialJoint~Committeeon Charters ...................... 71 328 7<J4

Of Committee on Enrollment.....100 104 115 118 123 149 162 168 173 176 194 202 203 222 248 249 251 259 262 269 271 281 292 298 299 300 303 318 364 368 377 380 391 399 402 417 422 432 434 436 445 453 461 462 467 471 476 497 507 510 526 538 578 582 583 596 612 613 636 647 648 670 672 697 703 709 712 722 732 733 739 755 761 766 787 791 8J9 811 813

Of Conference Committee on the School Law................

776

(Minority Report 776.)

Of Committee on Finance.. 84 134 148 180 237 301 348 420 465 483 526 549 565 574 610 615 627 642 689 691 738 746 755 761 777 779

Of Committee to Inform the Governor of the hour of
Adjournment.. :................. ........ .... ..... ......... 802

Of Committee on General Agriculturt> 85 126 156 187 215 225 264 309 365 557 564 628 689 703

Of Committee on Corporations 118 176 2()1 210 225 2:16 245 298 310 312 321 334 347 361 371 391 404 419 499 512 513 527 547 551 556 580 590 627 642 &~8 663 722 7:12 754 771

Of Committee on Journals_.679 688.701 712 727 737 744 753 770 787 791

Of Special Judiciary Committee 102 135 154 179 118 218 240 265 340 349 373 383 456 484 530 555 559 567 577 590 653 H5!) 661 663 705 708 720 731 730 747 766 777
793 53

834

INDEX.

Of Committee on Rules ..... .. .... ...... .. .. .. ..... ........ . .. .... 407 568 Of Committee on Military Affairs......138 3.'>7 613 647 658 747 771 Of Committee on Special Agriculture...... .. .... ... ... ... .... .. 211 631 Of Committee on Lunatic Asylum ............................391 565 754 Of Committee on Land Scrip Fund ............................... 392 409

Of Committee on Congressional Apportionment............ 419 Of Committee on State of the Republic ..........................461 771

Oi Uommittee on Public Property ...............................485 602 Of Committee on Education...................... ....... ...... ...... 557 Of Committee on the Penitentiary .......................... 579 689 780 Of Committee to Draft and Report Resolutions on the
Death of the Hon. Maston O'Neal.................... 742 Of Special Joint Committee to Investigate the Railroads
of this State...... ...... ...... ........ .... .... ...... .. ... .... . 789

Of Committee to Examine and Report at what hour the General Assembly can adjourn........................ 802

ROAD LAWS-

A Bill-To amend the Road Laws of Chattoogacounty.....189 202

TAX-LAWS AND OFFICERSA Bill-To provide for a Board of Equalization of real aud pers.mal property for taxation ...............48 78 231 To amend an act to prescribe the duties of TaxCollectors of this State ............................... 71 150 To regulate the fees of the Tax-Receivers and Tax-

Collectors in this State ................................... 91 107 To amend the Tax Act of 1890, etc..................... 465 To amend an act to levy and collect a tax for sup-
port of Government............ ........ ...... ... ......... 478

TELEGRAPHSA Bill-To amend the charter of the North Geor~tia Tele,.

graph Company...................................... 716 734 740

RESOLUTIONS-OF SEXATEA Resolution-To provide a Joint Committee to inform

the Governor that the General Aesembly

had reconvened................................... 41

Providing for a Joint Committee to investi-

gate freight charges of railroads in Georgia 5 50

Instructing the Secretary to notify the

House that the Senate was ready for

business ...., ..........................;... ......... ..

5

Tendering seats to distinguished visitors... 38 40

61 65 69 70 73 81 82 86 90 91 92 94 101 104 117 128 133 154 168 172 173 175179196 205 206 211 215 215 222 227 234 236 249 252 264 276

278 280 309 327 332 334 338 382 416 417 423

425:442 446 449 451 454 497 506 519 528 558 558

577 625 694 736 766 727

INDEX.

835

A Resolution-Providing a Joint Committee to draft and

report Bills revising the Pension Laws 41

Requesting the Governor to return to the

Senate House Bill 36!, amending the

registration law of Appling county....... 41

To Convene in Joint Ses,ion to elect a So-

licitor-General for the Middle Circuit...... 43

Instructing the Keeper of Public Build-..... .

ings to have the elevator operated......... 46

To provide a Joint Committee to investi-

gate Railroads...... .. .... .. ... .. .... .. .. .. .. .. .. ... 46

To convene a joint session for election of a

Judge of the Southwestern Circuit......

58

To meet at 8 A. M. and adjourn at 9 A. M.

for one day...... . .... ...... .. ...... ...............

.66

To addMr.Stnith of 28th District to Com-

mittee on Public Schools..................... 100

To appoint a Joint Committee to investi-

gate the disburseJ;Ilent of the Military

Encampment fund........................... .. 131

To appoint a Joint Committee to examine

and report the Atatus of business ......... 157 254

Requesting House to return Senate Bill

No. 96 to be withdrawn by the mover... 189

Authorizing R. Courson, Sr., to peddle

in Appling county, etc........................ 199

Instructing the Governor to appoint an

Assistant Attorney General............. 215 233 242

Excusing Senators and attaches of Senate

who are officers of the State Alliance

from attending the Senate during session

of Alliance Convention........................ 279

Allowing Senators to invite their friends

to seats in Senate Chamber, etc............ 284

Expressing sympathy for Hon. W. T. Flint 305

Complimentary to Master Hugh A. Nun-

nally......... ......................... .............. 423

Requiring the elevator to be operated....... 431

To relieve the Commercial Alliance Life

Ins. Co., of New York ................. 470 504 516

Fixing September 23d as the day of final

adjournment................................... ... 506

Providing for a joint session of the CJm-

mittees on Rules to consider and report

on final adjournment............ .... ..... .. .. .. 526

Authorizing the Governor to subscribe for

Sutton's Georgia JusticA...................... 529

836

INDEX.

A Resolution-To 'change the time of meeting of the

Senate......... . .... .. ... ...... .... .... .. ... .... .. .... 559 569

Fixing: the 15th October for :final adjourn-

ment................................................... 568

Excluding new matter...........................

569

Expression of sorrow at the illness of

Hon. Maston O'Neal............................. 615

To dispense with reading the Journal.. ..... 65! 658

Expressing sympathy for Hon. H .-\.. Ben-

nett.................. ............. ............ ...... 667

Asking the aid of the Legislatures of other

States in behalf of an appropriation to

deepen the river at Savannah ............ 681

Requesting an early report on the bill of



the House to enlarge the powers of the

Railroad Commission ......_... ,............... .

697

On the death of the Hon. Maston O'Neal 700

Providing for a Committee to prepare and

submit resolutions on the death of the

Hon. Maston O'Neal........................... 702

Authorizing;the As5istant Attorney-Gen-

eml to employ a Steno,.,-apher.............. 711 751

On the death of Hon. Maston O'~eal re-

ported by the Committee..................... 743 742

On condolence with Hon. Henry A. Ben-

nett.......................... ....................... 756

Asking Governor to have a bill returned

from Secretary of State's office...... ....... 757

Tendering the use of the Senate Chamber

to the Sigma Alpha Epsilon Convention 807

Complimentary to Hon. Wm. A. Harris,

Secretary, and his assistants.................. 814

Tendering use of Senate Chamber to the

Chi Fi Fraternity....... .. ......... ... ......... 814
Complimentary to the Hon. R. <-i. Mitch-

ell, President ........ ............................. 815

Ttmdering the thanks of the Senate to the

Hon. Geo. ,V. Warren, President pro

tnnpore .... .. .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. ... .. .. . 815

Tendering the thanks of the Senate to the

State press for faithful and correct re-

porte.................. ............................... 815

INDEX.
PART III.
HOUSE BILLS AND RESOLUTIONS.
APPROPRIATIONSA Bill-To appropriate f500 for county maps ............ 87 182 191 To appropriate money for expenses of the \V. & A. Railroad Commission ...................... 118 140 143 To pay Mrs. E. E. Branch $100 ........... 229 446 665 To reimburse the State Chemist......... ... ...... 286 353 386 To appropriate money for renovating portraits 448 633 670 685 693 To make additional appropriations to supply deficiencies, etc....................... .. .... ..... 505 508 527 571 To appropriate money to pay Hon. Clifford Anderson for legal service .......................... 682 738 784 To authorize payment of the Cotton Tax Fund to persons entitled thereto............... 698 738 751 802 To appropl'iate money for completing the Ga. Roster of Confederate troops .............. 742 752 767 803 To appropriate money to S. R. Murphey...... 746 762 783 To amend the General Appropriation Act of 1891 and 1892 .... .............. .... .... .......... ...... .. ... 765 781 804
BANKSA Bill-To incorporate Rome Savings Bank and Trust Company ........................................... 133 254 284 To incorporate the Commercial Bank of 1\<Iacon 13-l 182 195 To incorporate the Excelsior Bank of Savannah 150 190 205 To incorporate the Jefferson Banking Company 155 190 204 To incorporate the Georgia Savings IBank of Quitman.......................................... .. .. .. 169 190 205 To incorporate Hall county Alliance Warehouse and Banking Company ............................ 220 240 260 To amend the charter of the Citizen's Banking and Trust Company of Thomasville......... 228 255 282

838

INDEX.

A Bill-To incorporate the Northeastern Banking Company of Harmony Grove........................ 228 255 284
To incorporate the People's ~avings Bank and Trust Company ..................................... 229 255 281
To incorporate the Bank of Randolph ......... 239 287 294 To incorporate the Washington Loan and Bank-
ing Company ........................................ 256 287 293 To incorpora,te the.l\larietta Trust ami Banking
Company ............................................. 256 287 294 To incorporate the Thomson Banking Company 270 287
294 To change the name of the State Savings Asso-
ciation......... .. .... .. .... .. .... ... .... ... ...... .. .... 537 570 6i8 To amend the charter of the Citizens' Bank of
Savannah ............................................. 285 296 305 To amend the charter of :;avannah Savings
Biink and Mortgage Company ................ 286 296 304 To incorporate Jefferson Street Bank of Madi-
son, Ga .......... ~............................:...... 306 354 378 To incorporate the Bank of Demorest ......... 306 353 369 To ainf'ri.d""the charter of the Home Loan and
Banking Company of Atlanta................. 307 354 377 To amend the charter of Toccoa .Banking Com-
pany............... ... ...... .... .. ..... ... ...... ... .... .. 307 353 3iti To amend the c':larter of the Merchants and
Farmers' Bank of Quitman, Ga ................ 315 353 3i6 To incorporate the Blackshear Bank........... 315 354 381 To incorporate the 1\lerchanis and Farmers' Bank
of Boston, Ga ...................................... 316 354 376
To amend the charter of the Exchange Bank of Athens ................................................. 329 353 380
To hicorporate Fairburn Banking Company 351 363 375 To amend the charter of the Bank of Smithville,
Ga ....................................................... 351 363 3i5 To incorporate the Maddox and Rucker Banking
Company ............................................. 351 363 375 To incorporate the Farmers and Merchants'
Bank of Georgia ................................... 394 410 429 To incorporate the Georgia Banking and Loan
Company of Atlanta ............................ 406 421 426To incorporate the Washington Guaranty and
Loan Company ..................................... 407 447 478 To amend the charter of the Capital City
B.tnk .................................................... .425 430 455To incorporate the Irish-American Dime Savings
Bank of Augusta .................................. 425 450 457 To incorpQrate the Commf'rcial Travelers'
Savings Bank ......................................... 459 470 477

INDEX.

839

A Bill-To amend the charter of Athens Savings Bank................................................... 475 485 512
To incorporate the Glynn Title and Loan Cmnpany .................................................... 475 525 543
To amend the charter of Milledgeville Banking Company ............................................ 486 503 515
To incorporate the Northeast Georgia l.oan and Banking Company............... ..... .. ... .. .. .. 487 525 542
To amend the charter of the Jackson Banking Company...... ... ...... . ......... .. ... .. .. .. ... ...... 487 504 516
To incorporute the Merchants and Farmers' Savings Bank .................................... 488 503 514
To amend the charter of the Title Guaranty and Loan Company of Savannah................... 489 525 542
To incorporate the Security Bank..................... 504 514 To incorporate the Beorgia Savings Bank.......... 516 ro amend the charter of the Merchants and
Farmers' Bank of Hogansville .................. 522 570 672 To amend the charter of the South Georgia Bank
of Waycross.......................................... 52i> 570 678 To incorporate the Empire State Bank......... .)34 570 661 To incorporate the Bank of Tifton ..............Ji34 570 661 To incorporate the Mercantile Bank............ 536 570 675 To incorporate the Clegg Banking and Savinl-"8
Company ............................................... 5:{7 633 709 To incorporate the Bank of Commerce.' ..5i>2 570 669 To incorporate the Bank of Statesboro ........ 553 570 598 To incorporatethe Bank of Rockdale...........553 570 677 To incorpoute the Shipp Banking Company..553 570 675 To incorporate the Home Bank of Atlanta.....553 570 677 To incorporate the Planters' Bank of Americus 513 570
672 To incorporate the Americus Savings Bank....... 561 674 To regulate Banks ....................................586 633 666 To incorporate the Merchants and Farmers'
Bank of Americus................................... 7-l:.! 752 769 To incorporate the Talbot Banking Loan and In-
vestment Company....................................... 766 781 To prescribe the method of granting charters fm
Banks ......... c.......................................... 746 767 812
CANALS-
A Bill-To incorporate the Brunswick and Altamalra Canal Company ................................523 589 623 721
CODE-AMEXDMBNTS OF-
A Bill-To amend section 3921 of the Code...............488 503 517 To amend section 3976 of the Code................87 121 128 To amend section 3777 of the Code................. 113 156

840

INDEX

A Bill-To amend section 719(i) of the Code..150 183 270 282 284 To a wend section 39-W of the Code.............. 201 232 244 To amend section 3495 of the Code.............. 229 254 274 To amend section 3703 of the Codt>................... 229 374 To amend sect.ion 4i3 of the Code ............. 329 353 385 To amend section 3331 of the Code...............329 409 452 To amend section 4441 of the Code................... 340 To amenrl section 4372 of the CodP.................. 406 453 To amend section ?.869 of the Code............... 509 633 686 To amend !'ection 3854 of the Code .................. 509 643 To amend section 4625(c) of the Code .........585 738 785 To amend section 1103(j) of the Code......... 616 654 672 To amend section 2226 of the Code.............. 617 654 676 To amend section 4250 of the Code .............. 682 699 707 To amend section 943 of the Code ............... 682 720 73.'l To amend paragraph 1 of section 1676 of the Code.......................... .......................... 200 254 291

CONSTITUTION-AMENDMEN'l'S OF-

A Bill . To amend paragraph 1, section 2, article 8 of the Constitution....................................... 74 99 122 151
To amend article 2, section 4, paragraph 3 of the Uonstitution ...................................... 733 738 768 797
To amend article 2, section 4, paragraph 6 of the Constitution....................733 738 759 783 795 796
To further enforce paragraph 1 of section 2 of article 4 of the Constitution ......... 616 630 663 685 696
To further enforce paragraphs 1, 2 and 3 of section 1, article 10 of the Constitution ............. 741 752 770
To aruenrl article 7, section 1, paragraph 1 of the Constitution.......... .. ...................... 764 '781 792 802

UOUNTY OFFICERS-

A Bill-To provide for paying the Board of Education of

Newton county...... ........ ....... ..... ....... ......

113

To provide pay for the Commissioners of R. and

R. of Newton county ....................... 113 1-W 145 569

To create a Board of Commissioners for Towns

county ................................................. 113 353 377

~o amend an Act requiring Clerk of Superior

Court of Bibb county to index the public

records..... ......... ......... ...... ................. ......... 114

To provide for appointment and pay of certain

Special Bailiffs.................. ........... ... .. .... ..... 120 127

Authorizing the Ordinary of Gilmer county to

order an election on the question of issuing

bonds ..............:..... ............................ 134 182 192

To amend the Commissioners' Act of Bartow

county ............................................ 155 175 183 273

INDEX.

841

A Bill--Repealing an Act requiring Clerks of Superior Court to keep a record of Superior Court charters ........ ......... ......... ...................... ..... 200 254 290
To provide for paying Board of Education of Campbell county......... .. .... ..... .... .. ... .. .... 220 232 569
To establish a Board of Commissioners of R. and R. for Lumpkin eouuty ................... 228 25-l 283
To locate the offir.e of Tax-Collector of Vmrens county................................. 229 410 427 762 782 799
To increase the pay of Commissioners of Liberty county ......................................... ; ..... 229 255 272
To repeal an Act providing pa\' for Commissioners of Dougherty county................... 230 2-!0 261
To repeal an Act reducing the Sheriff's bond of Lib.erty county ....................................... 239 271 283
To amend the Commissioners' Act of Morgan county.................................................. 239 270 281
~pt>.aling -an Act consolidating the office of Clerk Superior Court and Treasurer of Pickens county .. ...... ...... ...... ... .. . .... ... ..... . ........ ......... 269 453
To provide a Solicitor for the County Court of Butts county ................................... 285 296 304 352
Authorizing Clerk of Commissioners of Carroll county to administer oaths, etc.............. 286 354 374
To authorize the Commissioners of Fulton county to refund money toP. R. Johnson..286 301) 332
To amend .the Commissioners' Aet of Dougherty county ................................................ 287 410 427
'l'o fix the salary of Treasurer of Fulton county 306 354 378 562
Authorizing the Commissioners of Bibb county to have a general index made for records of Superior C'ourt Clerk's office..................... 315 503 511
To provide for paying Commissionera of Brooks county................................................ 315 354 384
To create a Board of Commissioners for Ware county..... ...... .. ... .. . ... ... ....... .. .. .. . .... .. ... 316 353 389
To make Tax-Collectors ex o_(ficio Sheriffs in certain cases............................ ..... .. .. ... .. .... 340 363 385
To revise and arnenrl the Commissioners' Act of Decatur county ......... ,.............. 351 363 381 382 516
To amend the Act creating a Solicitor for the County Court of Wayne county .............. 488 541 598
To authorize the Commissioners of Early county to issue bonds to build a jail................... 489 589 609
To amend the Commissioners' Act of Greene county............. ..... ..... ....... .. ... ... .. . .. .... .. ... .. 489 569

842

INDEX.

A Bill-Requiring the School Commissioner of Greene county to pay certain money to the Thomas Stocks Institute ..................................... 521 632 678
To submit the question of abolishing the Commissioners of Clinch county to popular vote... 521 569
To provide for paying the Boad of Education of Bryan county .......................................... 522 566
To create the office of Solicitor-General of Wilcox county .................................................. 523 562 596
To abolish the Commissioners of Bryan county 523 562
596
To amend an Act fixing the pay of Treasurer of DeKalb county ................................... 524 640 677
To legalize the official acts of certain magistrates in Bartow county........................ .... .. ... 534 588 609
To provide for paying Commissioners of Lowndes county......... ...... ... ... ... ... ... .. .. . 535 563 5\J5
To fix the Official bond of the Tax-Receiver of Fulton county ............................................. 536 595
To repeal.the Commissioners' Act of Wilkinson county....................................................537 633 707
To amend the Commissioners' Act of DeKalb county ................................................... 537 633 709
To make Sheriffs and their Deputies ex-o.tficio Ministerial Officer.;; of County Courts ....... 585 685 700
To require Countv Surveyors to mark corners of lots with stone or iron blocks .............. 585 681 6:;!1 i16
To require County ComJLissioners or Ordinaries to keep records of public roads .................. 587 720 736
To provide for appointing County Solicitors ...... 683 759 To fix the bonds of Tax-Collectors in certain
Counties ................................................746 76~ 786 To provide for recording bonds of certain
County Officers, etc ................................. 764 781 806 To establish Commissioners for White county 270 353
il84
COURTS-COUl"TY, CrTY, etc.-
A Bill-To create a Criminal Court for Atlanta ............ 87 90 106 1613 167
To abolish the County Court of Tattnall County H1 98 To amend the act creating the City Court of
l\'lacon ..............................................-......166 17,') 186 To establish a City Court of Hall county ...... liO 175 184 To abolish the Co~nty Court of Appling county ~~0 232
274 To establish a City Court for the City of DuPont 3!13 li40
700

INDEX.

843

A Bili-:-To authorize any one to prosecute in County Courts where original prosecutor fails to do so 586 700
To authorize the Judge of the County Court of Wilkes county to purchase Supreme Court Reports ...............................................474 563 594
COURTI:l-JUSTICE-
A Bill-To specify triaLterm in Justice Courts........ 585 699 708
COURTS-SUPERIOR-
A Bill-To chang~ the time of h'llding the Superior Court of Dodge county ............................340 354 378
To amend an act tochange the time of holding Burke Superior Court..............................425 541 593
To change the time of holding Superior Court of Raidwin county .....................................522 562 59-!
To change the terms of Morgan Superior Court... 522 595 To require Judges to give in charge. certain sec-
tionR of the Code ...................;................586 700 711 To change the time of holding the Superior
Court of Greene county .......................... 682 710 726 To change the time of holding the Superior
Court of Bryan county ................................ 683 759 Authorizing Judges to clear the court room in
certain cases............................................698 720 736 To change the terms of Irwin ::iuperior Court..746 767 786 To ratify Superior Court Charters, etc ...........201 254 292
co URT-SUPRE~IE-
A Bill-To guarantee a hearing in every case before the Supreme Court. ..................................... 682 738 762
EDUCATIONAL-
A Bill-Authorizing trustees of Washington Female Seminary to transfer certain property ...... 147 150 205
Authorizing trustees of Washington Male Academy to transfer certain property .................150 171 205
To establish public schools in Washington, Georgia ...................................................256 316 356
Providing a Board of Visitors to the Georgia Normal and Industrial College .......................286 332 367
To establish fr~e schools in Summerville, Ga..... 295 316

To authoriz~ the sale of the school lot in Perry, . Georgia ........................................;..........306 332 S78 To establish public schools for Toccoa .........351 410 429 To amend section 8 of the Public School Act of
Covington ..............................................4-l2 460 517

S44

INDEX.

A Bill-To establish a public school system for Houston county ....................................................449 562 637
To amend the public school system of Marietta 487 504 518
To establish public schools in Buena Vista...488 504 ()18 To establish a school system for Richland.... 534 562 599 To amend the school law of Fort Valley........535 561 599 To establish and maintain a State Normal
ScbooJI. .................................................. 764 780 79\J To amend section 12 of the Common School
Law ..................................................... 586 654 666

EXEMPTION LAWS-
A Bill-To declare who are exempt from jury duty ... 560 720 736 To exempt certain members of the Oglethorpe Infantry from jury duty .......................... 286 359 379

FAIR ASSOCIATIONS-
A bill-To incorporate the Warren county Fair Association......... ......... .. .... .. .. .. .. .... .. ......... .. .... ...... 256 383
To confer police power on the Hancock Fair Association .............................................306 321 411

HUNTING AND FISHING LAWS-
A Bill-To amend the game laws of Glynn county..... 94 laO 139 To amend the game law of Troup county...... ll3 140 146 To prevent trespassing by bunting on another's land in Effingham county ....................... 114 140 146 To rejlulate hunting and fishing in Chattooga county .................................................... l55 175 186 To prohibit hunting on land of others in Mitchell county ............................................. 228 588 618 To repeal an act to prohibit hunting and fishing on another's land in Telfair county........... 351 410 430 To prevent the killing of game in Worth county 459 504 515 To punish seining in the waters of Worth county ..................................................460 503 511 To better protect game and game birds in Schley county ..................................................537 633 676 To protect game during certain seasons........ 585 699 707 'l'o prevent shooting fish in Upson co.unty ...585 633 669 ~o protect game in Hancock county............. 616 633.710

1:\SPECTION AND ANALYSIS-

A Bill-Requiring analysis and inspection of cotton seed

meal......... ...... ........ ...............................

88

T!Ol amend the laws governing the inspection and

analysis of fertilizers.................................... 474

INDEX.

845-

A Bill-To amend section 5 of an act to amend the law relating to inspection of illuminatin!{ oils ...... 524 56:{ 566 (i:)!)
To amend, revise and consolidate the laws governing inspection analysis and sale of fertilizers, etc ...................................... 541 559 57i 736 7;)1

INSURANCE COMPANIES-
A bill-To incorporate the International Railway Employees' Accident Association................... 522 587 634
To incorporate the Southern Fire Insurance Company_.......................................... 307 316 367
To incorporate the Southern :Mutual Accident Association of Macon .............................315 327 869-

JUDICIAL CIRCUITS-
A Bill-To transfer the county of Douglas to Tallapoosa Circuit ............................................ 535 589 605 628
To create a new judicial circuit of the Superior Circuit .....;.............................................. .. 425 569

JURORS-
A Bill-To provide payment for certain jurors...........2311 254 275 Authorizing grand juries to examine the pension rolls, etc. ......... ...... .......................... 764 781 805 To authorize the grand jury of Henry county to fix the salary of the county judge of said county .................................................. 459 465 477

LIQUOR LAWS-

A Bill-To prohibit sale of liquor near churches and

.sci}ool~bolt.BeS .. .... .... .. ........... ............ ...... .... ..

60

Prohibiting sale of liquors wit.hin three miles of

any church or school-house, etc....................

76

To prohibit sale of liquor near Clarke University 113

To provide additional penalties for violations of

liquor laws .............................................133 254 275

To amend the liquor law of Effingham county... 256 640

671} To prohibit the ordering liquor in Pulaski

county ...... ........ ...... ........ .... ......... ...... .. .... 315 326 To amend the liquor law of Wayne county....... 394 421

554 496 To establisha dispensary for Newton county..552 590 607

To prescribe the mode of selling liquors in Emanuel county .... ;................................. 765 781 805

To establish a dispensary in Athens..220 240 261 283 330 To repeal section 4 of the local option law of

Clarke county......... ......... ... .... ..... ......... 220 232 274

846

INDEX.

A Bill-To amend the local option law.................... 733 738 786 To prohibit physicians and prescription clerks from practicing while drunk .............., ....... 87 121 127 175 221 222 261 265 345 395 745
MILITARY LAWS-
A Bill-To organize and incorporate the 4th Regiment of Georgia Volunteers .............................130 140 146
To change the 9th to the 4th Regiment of Georgia Volunteers...................................., ...308 359 379
To provide for honorable retirement of officers of Georgia Volunteers .............................764 781 805
:VIISCELLANEOL'"S-
A Bill-To make non-compliance of laborers with their contracts penal in certain cases.~ ........ 112 176 179 210 503 512 527 554
To require keepers of public gins t() keep a recordoftheirwork ............113 130139 226 282 405 774
To amend an act requiring a county record of wild lands................................... ...... ........ 114
To prohibit sale of farm products, etc., for future delivery........................... ..... ...... ... ...... ...... 114
To regulate the hours of labor of trainmen... l14 232 244
For protection of discharged employees............. 122 To amend the law for the protection of Oysters 169 215
233 To establish a whipping boss for county and
municipal chain-gangs ... .'.........................200 353 412 To punish frauds in speed eontests ............. 228 254 276 To amend an act prohibiting cock-tighting....228 255 2.75 To provide for the removal of obstructions from
the streams of Banks county ................... 229 254 282 To provide for appointment of detectives....269 297 453
485 614 Requiring the year in which grown to be marked
on sacks containing the same ............ 270 288 326 405 Authorizing payments for publishing grand
jury presentments of Richmond county ... 2~6 354 412 To prohibit h.Jiding more than one office at a
time......................................................306 321 355 To provide for removal of obstructions from
streams of Jackson county ....................... 394 63:J 668 To require agents of non-resident capitalists do-
ing business here to pay taxes...........894 503 699 762 To divide the State into eleven Congressional
Districts........................................... 394 421 554 596

INDEX.

847

A Bill-To amend the general pilotage iaws otthis State. 449 562 667 710
Making it unlawful to confine white and colored convicts together......... :..........................486 517 621
Prohibiting the making of roads in cemeteries of Bibb county without proper authority ......4S7 562 601
To prevent bathing in Ocmulgee river near Riverside Cemetery ..................................... 487 594
To cede jurisdiction over certain land to the United States......................................... 488 503 517
To: authorize guardians to sell the property of their wards ............................................ 509 654 668
To provide for redemption of real estate sold at Sheriff's sale.................................................. 521 716
To regulate the appropriation of hire of county convicts of Henry county.......................535 640 762
Requiring keep!'lrs of hotels at sea bathing resorts to keep life-boats and Jife-preservers.........535 589 619
Requiring common carriers to trace freight ...560 660 687 'fo fix the piace for Sheriff's sales in Richmond
county ...................................................560 588 618 To set apart Septembe~ 1st as Labor Day ...... 585 699 706 To amend an act requiring weight of flour or
meal to be marked on sacks, etc ...........587 700 774 801 To prescribe the condition on which certain fire-
arms may be carried...... .... .. ...... .... ...... ... .. ... . 605 804 To confer police powers on motor men and others 616 699
707 To define the t.erm "Homestic Wine ..............682 710 726 To amend an act relating to convict hire of
Greene county......... ...... .... .. ..... .. .... .. .... .. ... . 698 762 To authorize the building of court-houses in
Militia District!; ....................................... 741 745 768 To amend an act to lay out a new county from
Union and Gilmer........................... 742 745 785 805 To protect insane pen;ons in their postal rights 742 757
782 79!i To protect primary elections........................ 746 762 786 To regulate the business of Building and Loan
Associations........................................... 763 781 805 To prescribe the manner of carrying Winchester
rifles ......................................................... 764 790 Requiring certain corporations to give dis-
charged employees the reason for their discharge ................................................. 765 781 807 To regulate corporations enJrnged in guaranteeing fidelity, etc .................................................. 765

848

INDEX.

A Bil!-To provide assistants for the State Chemist.. 7ti5 181 SO~

To prohibit dumping carcasses in streams of this

State .......................................................765 781 SOt>

To require common carriQrs to receive live

stock for transportation............... .. .... .. .. .... 765 ISO

To define responsibility of :editor~, etc ..... ......

7ti'l

To authorize the hire of county misdemeanor

convicts, etc........................................(>5\l !l!l!) 707

To prescribe in what papers county officials shall

advertise ................................................764 7!l0 7!l:~

To change the apportionment of Representatives :?70 280

28S

MISCELLANEOUS CORPORATIONS-

A Bill-To amend the charter of the Savannah Lighter-

age and Transfer Company....................... 147 184 :?:~:>

To amend the charter of Savannah Dredging

Company ................................................ 1()5 116 18.5

To amend the charter of the Propeller Tow Boat

Company, etc..........................................Hiti 176 185

To incorporate Ludale )lilling and Transporta-

tion Company........................................ 239 871 :{\12

To incorporate the Louisa Steamboat Company 306 :no

468

To incorporate the Americus Transit Company :'1.51 TJOH

.

518

To incorporate the National Guaranty Company 486 5ti:! 675
To incorporate the Urand Lodge of the DauJZhters of Samaria......................................52:? ,)88 ti77
To incorporate the Southern Industrial .\id So ciety ..................................................... 560 587 ti:~5

MUNICIPAL CORPORATIONS AND LAWS-
A Bill-To amend the charter of Hawkinsville ........ 106 108 121 To incorporat~ Clarkesville........................114 18:: :!04 To incorporate the town of Dexter ............... l14 18:1 248 To amend the Police Commissioners 'Act of Augusta .......................................... 121 128 52:{ :JS\J til !I To amend the new charter of Atlanta in relation to official fees ............. ,........................... 134 18:{ 24:: To authorize the authorities of Griffin to ex change part of a street for part of a city lot..147 Vi1 lfli} To create a new charter for Douglasville......151 116 1S-t To incorporate the town of Rhine ............... 156 183 24:-, To amend the acts incorporating Conyers.... l65 184 22:! To amend the charter of the city of Athens...166 1S4 24ti To reincorporate the town of Hampton ........ 169 1S4 244

.A. Bill-To amend an act ~to amend the charter of Athens 169 410
-!30 To permit the Treasurers and Tax-Collectors of
municipalities to issue garnishments, etc., for taxes due the same ...............................,.:!()() 353 4l:l To inoorporate the town of Hazlehurst ......... 200 240 261 To amend the new charter of Atlanta ...........220 255 273 To incorpomte the town of Leary................ 227 353 367 To incorporate the town of Stellaville........... 227 328 363 To amend the charter of the town of Moultrie 227 299 318 To incorporate the town nf Watkinsville ...... 22S 327 343 To amend the charter of the town of A1lel... 228 321 344
558 To amend the charter of the town of Acree..228 :320 357
358 To authorize the city of Albany to straighten a
street......................................................... 228 321
To provide a new charter for the town of East Point................................................. 229 327 343
To incorporate the town of Arabi.. ...............255 328 3fll Repealing an act to confirm an Ordinance of Au-
guRta ....... . ...... .. ..... . .. .. ..... .. . .. ..... ......... 256 320 358 Providing for appointment of Clerk for Record-
er's Court of Augusta ............................. 256 3.'i4 :~:-;o To amend an Aet declaring Municipal Officers
ineligible to more than one city office at one time....................................................... :!69 ~80 290 To provide for registration of voters in Augusta.. 270 To amend the charter of the city of Flovilla..2S5 320 42S To amend the charter of the town of Stone Mountain................................................. .-...295 32S :C:.'iO To amend and revise the charter of Carrollton.295 3:!1 :~i To amend the charter of the dty of Daw~on ..:105 320 34:1 To .protect the water Rupply of the eity of Dawson 305 320
34..>,
To amend the charter of the town of Blakely.30fi il.'i3 a6H To amend the eharter of the city of Rome ... 306 .363 59!! To amend the charter of the town of Swains-
boro..................................................... :{()7 :~21 :H-l To incorporate the town of Martin ............... 307 :~27 344 To incorporate the town of Kite ................. 307 327 35S To incorporate the town of Harrlaway .......... :107 :120 371 To amend the charter of the town of Cnmilla..:J07 :121 :l50 Autborizin!l Dalton to eleet a Board of Water
Commil'sioners........................................:-lH -!10 -l:W To change the term of offiee of ~lay or and ~;mm-
cil of Dalton ....................................:...... 31.:i 410 4:!1
. .... ~ .. .:. ' .

850

I,I.(DEX.

A Bill-To amend the charter of the town of!Bowers,ville .....................................................316 371 389
Authorizing the retiremP.nt of certain school bonds of Dalton......................................316 353 384
To amend the charter of the t~wn of Austell..340 353 381 To amend the charter of the town of Mt.
Airy ...................................................393 410 430 To change the corporate limits of the city of
Rome............... .......... .. ... ......... ....... ... ..394 407 429 To incorporate the town of Hoschton ...........407 421 430 To create a Board of Police Commissioners for
the city of Rome ..........................425 503 592 775 794 To amend the new charter for the city of At-
lanta ..................................................... 442 517 558 To incorporate the town of Hiram ............. 442 589 605 To incorporate the town of ~ycamore........... 459 561 601 To incorporate the city of Demorest .............460 588 6~2 To amend the charter of the city of Macon relat-
ing to water works..................................470 475 513 To incorporate the town of Dennard ...........474 541 617 To incorporate the town of Elko .................475 541 617 To incorporate the town of Hahira ...............475 562 600 To amend the charter of the town of Geneva..475 561 599 To amend the charter of the town of Buford..486 589 607 To incorporate the town of Mt. Vernon ........487 525 543 To amend the charter of the town of Sharps-
burg......................................................487 503 741 To amend an act amending the charter of the
town of West End ...................................487 624 640 To amend an act relating to publieation of pro. ceedings of the town of Jesup ..................488 541 598 To establish water-works for the. town of Buena
Vista .................................................... .488 588 621 To incorporate the town of Cement.............488 588 619 To incorporate the town of Piedmont...........488 667 686 To amend the charter of the town of Dallas ...489 589 606 To amend the charter of the city of Madison..504 517 592 To amend the charter of Macon in regard to
issuing bonds ..........................................509 654 684 To amend the charter of the town of Alap-
aha......................................................... 522 562 596 To amend the charter of the town of Morgan-
ton ......................................................522 562 596 To amend the charter of the town of Blue
Ridge ........ ......... ...... .. ..........................522 541 595 To amend he charter of the town of Wad-
ley ....................................................... 522 563 601 To amend the charter of the city of LaGrange..523 5~3 601>.

INDEX.

851

ABill-To incorporate the town of Rocky Mount ......528 562 593

:'

To incorporate the town of Neal in Pike county.. 523

To permit donation of land by Commissioners

of Commons of Columbus ........................523 588 600

To change the corporate line of Waresboro...523 562 597

To amend an act to repeal the charter of Forest-

ville....................................................... 524 563 598

To provide for registration of voters for munic-

ipal elections in Macon .............................524 640 76:.!

To incorporate the town of Nickleville ......... 534 563 7.fi8c

To establish waterworks for the town of Rich-

land ....................................................... 534 56( 600

To allow Dublin to grant use of certain streets

for railroads............................................535 561 599

To authorize the town of Rockmart to levy a

tax...... .. .. .. .......... ........ . .. .. ................... 535 58\1 607

To incorporate the town of Omaha ...............536 563 600

To amend the charter of the town of Trenton..536 562 595

To incorporate the town of Willacoochee......536 589 608

To authorize Carrollton to order on the question

of issuing bo11ds... ... ... ...... ...... ...... ...... .... 537 563 601

To extend the corporate limits of the town of

McRae ...................................................553 589 606

To amend the charter of the town of Trion ...553 589 609

To provide a new charter for the town of Arling-

ton......... ............................................553 .588 62Q

To incorporate the town of Springvale ......... 553. 726.735

To authorize Atlanta to open and extend Ala-

bama street ............................................560 590 694

To authorize Lithonia to issue bonds............560 588 608

.To authorize the town of Perry to issue bonds

for water"works..................................... 560 588 622

To amend the charter of the town of Clarkes-

ville.......................................................560 589 608

To amend the charter of Rome ,relating to a Levy

....Commission ............................................560 588 620

To incorporate the town of Whitehall... 561 588 620 687

To incorporate the city of Manchester...... ... 561 588 609

To amend the acts incorporating Milledgeville.. 659 667

687 699 708

To authorize cities and towns to appoint asses-

sors ........ ...............................................698 720 735

To amend the charter of the town of Eatonton ... 763 781

806

To provide a public library for Marietta...... i64 781 805

To amend the chnrter of the town of Ellijay...... 765 781

'l'o alter the southern aud .western boundary of

...Milledgeville ......----.. ~---......_. ........ 558

INIJEX.

A Bill-To ~authorize the registratioa. of. voters in tAu-
gusta... .. ....... ...... ......... ......... ......... ......... .. 320 3S3

PENSION LAWS-
A Bill-To exempt Confederate pensions from all legal process ......... :..................................... 586 654 677
Authorizing payment of pensions due Confederate soldiers at death, to their dependent chi}dren or widowH... ........ .. .... ... ...... ... ... 586 623 636

PRAC'.riCE-
A Bill-Requiring costs in advance in divorce cases......... 60 268 Providing for more speedy trials in criminal cases 182 296
305 To admit in evidence exempt.fications from mu-
nicipal records............... ... ...... .. .. .. ........ 407 450 456 To provide for perfection of service by publica-
tion......... ......... ......... ... ... ..... . .. .... ..... .... 586 654 886 To amend the practice in equity a13 to certain in-
junctions...............................................683 710 727 To prescribe the time of residence before suing
for a divorce......................................... 741 745 769 To prevent tra.Il.ilfers <Jf debts in certain cases..... 764 790 To legalize certain notices, citations and adver-
tisements ......... ......... ........ ......... ......... 698 738 786

RAILROAD~

A Bill-To amend an act to regulate freight and passen-

senger tariffs......... .... ..... ..... ........ 60 121 130 136 196

To incorporate the South Atlantic Railroad

Company.......................................... 68 121 195 264

To relieve the Smithonia and Dunlap Railroad

Company ............................................... 87 140 143

To incorporate the Dalton, Spring Place and

Eastern Railroad Company........................ 87 121 128

To amend the charter of the Talbotton and West-

ern Railroad Company.................................

89

Authorizing the E. Tenn., Va. and Ga. Railroad

Company............................................ 113 130 139

To amend the charter of the City and Suburban

Railway_of Savannah.............................. 113 130 139

To amend the charter of the ( 'oast Line Railroad

Company .............................................. 114 130 139

To amend the charter of Carrollton Street Rail-

road Company...... ......... ...... ....... . ......... 134 166 196

To amend the charter of the Cincinnati, Georgia

and Florida Railroad Company~........... 201 214 219

To amend the charter of Indian Springs and Flo-

villa Railroad Company...... ... ........... 220 247 541 594

TSDF.X.
A Bill-To incorporate the Atlanta 'Southern and Western Railroad Company........... ....... .. .. .. .. 227 327 379
To incorporate the Atlanta, Americus and Florida Railroad Company ....................... 227 327 375
To amend the charter of tht> Atlanta and Alabama Railroad Company .................... :..... 229 365 376
To amend the charter of the Washington and Elberton Railroad Company .................... 2511 327 369
To incorporate the Seaboard and Augusta Railroad Company............................. .........270 342 345
To incorporate the Geora, Virginia and Baltimore Railroad Company ...........................270 450 457
To amend the charter of Cartersville and Gainesviile Air-Line Railroad Company ............. 287 327 369
To amen(l the charter of the Georgia, Carolina and Northern Railway Company ............... 307 327 354
To provide a general Jaw for the incorporation of Rtreet and Suburban Railroad Companies ...307 331 364
To ratify charters of Street and Suburban Railroads under I?E>.neral Jaws ......................... 308 359 379
To incorporate the McRae, Ocilla and Southwestern Railroad Company .................... 315 485 594
To amend the chartt-r of the Fairmount Valley Railroad Company........................................ 329 450
To amend the charter of the Middle Georgia and Atlantic Railroad Company ......................394 450 455
To incorporate the Savannah and Oconee Railroad Companv ...................................... 394 450 458
To amend the act to incorporate the Nacoochee Vall{'T Railroad Company.......... ..... 394 450 456 457
To amend the charter of the Abbeville and Waycross Railroad Company ..........................407 450 455
Requiring Railroad f'ompanies to furnish equal accommodations to white and colored passengers...... ......... .......... ......... ...... .. ..... . 407 485 625 780
To incorporate the Gt-orgia Mineral Railroad .Company ................................................~7 450 457
To incorporate the Chattanooga and Gulf Railroad Company ........................................425 475 485
To incorporate the Washin-on and Middleton Railroad Company.................................425 486 54.q
To incorporate the East and West Railway Com- ' pany ..................................................442 485 621
To incorporate the Madison and Eatonton Dummy Line ..................................................... 474 485
To incorporate the Soque and Tallulah River }Wlroad Oompany ...................................475 485 622

INDEX.
A Bill- To incorporate the Southover Street Ritilroad Company..................................... ...... ...... 475 486
To incorporate the Quitman Street Railway Company...... .... . ...... .. .... ...... . .. .... .. .... ........ ...487 660 687
To incorporate the Transvale Railroad Company ................................. ~................... 487 624 637
To incorporate the Atlanta and Manchester Railroad Company ........................................489 623 633
To incorporate the Carrollton and Roanoke Railroad Company ........................................ 521 624 676
To amend the charter of the Albany and Bainbridge Railroad Company ........................ 522 624 638
To amendthe charter of the Savannah Street and Rural Resort Railroad Company ............... 523 624 638
To amend the charter of the Waycross Air-Line Railroad Company ..................................524 623 6:{9
To incorporate the Tobacco Belt.and Florida Railroad Company ......................................536 624 63i
To incorporate the Tifton and Northeastern Railroad Company .................................. 536 623 63i
To incorporate the Chalybeate Springs Railroad Company ................................................ 536 623 63.'>
To incorporate the Boston and Albany Railroad Company ...............................................536 623 640
To incorporate the Wayne Southern Railroad Company ............................................. 536 624 636
To incorporate the North Macon Street Railroad Company ..............................................537 624 639
To incorporate the Jesup and Waynesville Railroad Company .........................................552 624 676
To incorporate the Covington and Ocmulgee Railroad Company ................................. 553 623 639
To amend an act to amend the charter of. the Cartersville and Gainesville Air-Line Railroad Company ............................................... 560 624 634
To repeal an act authorizing freight trains to run on Sunday on the Georgia Railroad ......... 561 700
To provide a mode of chartering Railroad Companies ................................................. 746 767 812
RAILROAD COMMISSIONA Bill -To enlarge the powers of the Railroad Commission ........ ........ ...... ...... ......... ........ 667 686 716 728 To confer jurisdiction over storage of freights on the Railroad Commission ................. 682 699 7n 782 To authorize the Railroad Commission to inspect railroads in this State ............................. 733 738 769 To extend the powers of the Railroad Commission .................... 201 316 459 479 482 491 492 493 7611

INDEX.
REGISTRATION LAWS-
A Bill-To amend the registration laws of Morgan county ......... ....... ......... ....: ....... ........ 488 588 621
To repeal the registration laws of Campbell county .... .. ... ........................................ 489 541 5t8 To repeal an act relating to registration in Bald-
win county ................................................ 113 140 To provide for re)Zi8tration in Montgomery
county ......... ... ................................ 114 140 146 To provide for rt>gistration in Chattooga county. 155 175
247 To require registration of vowrs in Jefferson
county ............................................. 165 175 185 To provide for registration of voters in Quitman
county ............................................... 214 232 247 To establish a ngif<tration law for Liberty county 227 255
274 To amend the ngistratiou law of Dooly county.. 229 255
280 To amend the Registration Act of Lee county 286 459
-467 To provide for registration in Talbot county 286 411 430 To amend the registration law of Laurens county 287 459
468 To repeal the registration law~ of Worth county 460 503
512
RELIEF LAWS -
A Bill-To relieve Jesse D. Strange .................. 147 151 183 244 To relieve Shackleford and Odom ................. 256 305 368 ro relieve the sureties of Captain J. L. Fleming, deceasoo ...... ..... .... ... .. .. .. ... .... ..... .. .. .. .. .... 733 738 749 To relieve the Putnam Rifles ...................... 763 781 806 To relieve Captain John W. Boston and his . sureties ................................................ 766 781 806
ROAD LAWS-
A Bill-To provide a special road law for Pulaski county 536 633 To amend the road laws of Bryan county........... 537 To amend certain road laws...... .... 733 738 767 776 785
SINK'fNG FUND-
A Bill-To amend an Act to create a sinking fund.... 487 624 635
STATE DEPOSITORIES-
A. Bill-To authorize State Depositories to deposit State bonds witb the Treasurer as security.. 201 255 281 606 698

856

IXDEX.

HT.ATE BUi'iD8-
lt Bill-To authorize the issne and sale of bonds to pay the ~aturing dt>bt of the State .................. 586 624 638

~TOCK LAWS-
A Rill-To prohibit the driving of domestic animals out of their range without consent of owners ....... 26\J 326
To extend. the time for driving cattle across certain lines in White count); ..................... 315 541 55\J

TAX LAWS-
A Bill-To ame1Hl the Tax Act of 1891 and. 18!}2....... ;}24 ii27 57t\ il91 643 735
To amend the Tax .-\.et of 1890... 561 :Ji4 576 600 706 HIJ To amend the Tax Ad of 1890......................... t\82 ll!l9 To amend section 2, para!!rapb 21 of the Tax Act
of 1890................................,.................. 764 7H1 H07 To amend para!!raph S, ,;ection 2 of the Tax Aet
of 18\JO .................................................. 7tl5 781 HOi 'l'o provide for taxation by counties for school
purpOSPH ............................................... 452 551 /34

RESOLUTIOXS-OF THE Hot:sE-

A Resolution-Authorizing the Governor to draw on the appropriation of 1892 for a sufficit-nt

sum to pay for tht- 4th w!*'k's encamp

01ent...... ...... ......... ...... ...... ...... ...........

38

Authorizing the Committee of Hou~e and

Senate on Congres~Sional Appmtion-

ment to sit jointly......... ....................

47

To appoint a Joint Committee on reap

portionment of Senatorial districts.......

!-\4

To appoint a .Joint Committee on the

Land Scrip Fund ............................. 107 154 Appropriating $500 to pay an agent toeol-
lect certain moneys for State........... 118 140 142 Accepting an appropriation of Congress 118 140

145 Providing a joint seSBion to hear address

of Chancellor Boggs............ . . . ...... ... 124 To relieve A. P. Chappell anrl the firm of
Harris & Freeman .........................134 240 260 Requesting the Governor to return the
bill of the House to create a Criminal Court for Atlanta.............................. 150 To pay a pension of Mrs. L.A. Eason 174 182 192 To pay per diem of Hon. Wm. Jennings of Terrell county............................... 174 182 191 To pay Ben J. D11vis a certain sum ..... 201 240 258

INDEX.

'S57

Xltel!olution-Providing for a jo~t session to hear an address of Hon. Patrick Calhoun on "Deep Water," etc............................. 212
Providing a Joint Committee to investigate certain report.!!, etc........................ 219
To relieve Mrs. S. G. Hightower ........ 220 446 664. To relieve Mrs. Mary Willis ...............220 446 664- To appropriate $6,000 to supplement the
Contingent Fund of 189L ............. ~.230-240 257 To refund a sum of money to C. C.
Wheeler...................................230 383 470 566 Ratifying an exchange of land in this city
IJy the Capitol Commission.............. 230 255 275 Providing for indexing the Journals... 269 305 366 To pay a pension to the widow of Richard
w. Bell ........................................ 270 446 674
Accepting invitation to visit Savannah..... 287 Fixing September 18th for final a-djourn-
ment ................................................. 308 408 Requesting the Governor to return House
Bill No. 473 ........ ......... ......... .............. 339 To relieve W. C. Wright..................... 340 508 542 To relieve Mrs. M. M. Humphries......340 446 665 Tendering thanks to the people of Savan-
nah.................... ........................ ..... 379 Tendering thanks to Hon. B. C. Harris
and Mr. Sinquefield.......................... .. 392 To pay mileage for adjourned term .....394 !21 466 Directing the Governor to appoint a Com-
mission to revise and codify the criminal laws ...............................395 421 464 72'2 Appropriating $500 to repair the roof of the Capitol Building ......................407 421 _426 Providing a Joint Committee to attend a meeting of Savannah River Association at Augusta....................................448 465 476 Requesting the Governor to Teturn to the House House Bill No. 449... ................. 448 Requesting the Governor to return to the House House Bill No. 559.............. .... .. 449 To furnish standard weight.!! and measures to Colquitt county ..................449 467 510 Providinll for a Commission to examine obstructions in Savannah river ....... 449 4&5 476 Relating to certain lands of the State near the- Western and Atlantic R. R. ......449 491 502
504 Sil'Sl{

JNl)EX.
A Resolution..;To relieve Mrs. Julia McConnell........ 449,~1)88 670 To pay W. J. Houston !400.00...........489 508 694 A_uthori:~;ing the Governor to appoint a CommiEsion on Uniformity of Laws of the States............................,..........489 504 512 To relieve 0. E.. Carter ........................510 700 711 To relieve Walton H. Boot}l ............... 554 700 711 Relating to .control of frei~ht rates by the
Interstate Commis!ili.on ................... 554 66o 686
To appoint a Conference Committee on School ~ill........................ . ........ ........ 558
To relieve J. L. Cruse....... " ............... 660 757 Relating to the ungranted lands of the
State .............................................699 720 735 Askin~ return of Senate Bill No. 196....... 726 To relieve J. J.Yarbrough: ................ 734 738 750 Requiring Attorney-General to examine
the status of certain bonds ................. 742 762 Appropriating certain sums to persons
named therein...... ......... ......... ...... ...... 763 784 Authorizing cer~in officers and members
of General Assembly to bring up unfinished business................................. 775 To appoint a Committee to inform the Governor of the adjournment sine die... 799 Granting use of Representative Hall or Senate Chamber to National Convention of Phi Delta Theta.............................. 799
'.:-.