JOURNAL OF THE SENATE OF THE State of Georgia, AT THE SESSION OF THE GENERAL ASSEMBLY, AT ATLANTA, WEDNE~DA Y, OCTOBER :!6, 1892. ATLANTA, GEORGIA.: GEO. W. HARRISON, STATE PRINTER. (Franklin Publishing House.) 18~2. ... _ JOURNAL. SEN.ATE CHAMBER, ~-\.TL.ANT.A, GEORGIA, October 26, 1892, 10 O'clock .A.M. At the hour of 10 o'clock .A. M., the 26th day of Octobe:&, 1892, the Senators-elect were called to order by the Ron. W m. A. Harris, of the county of Worth, Secretary of the last Senate, in obedience to law. The list of Senators-elect, reported by the Secretary of State to his Excellency, the Governor, and by him transmitted to the Secretary of the Senate, was ~alled, to ascertain whether there was a quorum present. The following is the official list of Senators : First District-Ron. Henry G. Wright. Secod District-Ron. W. A. Wilcox. Third District-Ron. E. M. Crawford. Fourth District-Ron. JohnS. Russell. Pifth District-Ron. Frank B. Sirmans. Sixth District-Ron. E. L. Moore. Seventh District-Ron. W. S. Humphries. Eighth District-Ron. J. H. Scaife. Ninth District-Ron. Reuben Jones. Tenth District-Ron. W. E. Wooten. Eleventh District-Ron. Clarence Wilson. 'fwelfth District-Ron. W. W. Fitzgerald. Thirteenth District-Ron. W. A. Wilson. Fourteenth District-Ron. J. J. Dennard. Fifteenth District-Ron. T. J. Smith. Sixteenth District-Ron. A. F. Daley. 4 .JouRNAL oF THE SKN.\TE. Seventeenth District-Ron. G. S. Johnson. Eighteenth District-Ron. C. A. .Ropbe. Nineteenth District-Ron. J. L. Smith. Twentieth District-Ron. W. C. Matthews. Twenty-first District-Ron. Frank Chambers. Twenty-second District--Ron. J. S. Pope. Twenty-third District-Ron. S. S. Monk. Twenty-fourth District-Ron. S. B. Hatcher. Twenty-fifth District-Ron. A. P. Persons. Twenty-sixth District-Ron. A. 0. Blalock. 'fwenty-seventh District-Ron. E. F. Edwards. 'l'wenth-eighth District-Ron. H. A. Jenkins. Twenty-ninth District-Ron. M. P. Reese. Thirtieth District-Ron. James P. Gholston. 'rhirty-first District-Ron. Louis Davis. 'l'hirty-second District-Ron. William A. Reaves. Thirty-third District-Ron. J. K. Thompson. Thirty-fourth District-Hem. C. vV. Smith. Thirty-fifth District-- Hon. A. S. Clay. Thirty-sixth District-Ron. Millard B. Pinson. Thirty-seventh District-Ron. P. H. Whittaker, Jr. Thirty-eighth District-Ron. B. F. Wright. Thirth-ninth District-Ron. J. M. McAfee. Fortieth District-Ron. T. A. Robinson. Forty-first District-Ron. W. D. Smith. Forty-second District-Ron. Felix Corput. Forty-third District-Ron. E. W. Rembert. Forty-fourth District-Ron. A. T. Hackett. All of the Senators excf\pt the Hon. Reuben ,Jones of the Ninth District, and the Hon. G. S. Johnson of the Seventeenth District, answered to the ~all of their names. A quorum was, therefore, found present. The following certificate of the Secretary of State accompanied the official list of Senators-elect submitted by his Excellency, the Governor : "rKDNESDAY, OcToBER 26, 1892. ATLANTA, GA., October 25, 1892. I, Philip Cook, Secretary of State of the State of Georgia, do hereby certify, that the consolidated returns of an election which are now of file in this office from forty (40) Senatorial Districts, held on the 5th day of October, instant, for members of the General Assembly of Georgia, show that the foregoing forty persons whose names appear opposite their. respective districts, were duly elected members of the Senate for the ensuing two years. I have not received the consolidated returns from the counties of Charlton, Emanuel, Bulloch and Lincoln. Charlton is in the Fourth District; the other counties, Glynn and Camden, give John S. Russell 573 majority over both of his opponents. Emanuel is in the Sixteenth District ; the other counties, Laurens and Johnson, give A. F. Daley 127 majority over his opponent. Bulloch is in the Seventeenth District; the other counties, Screven and Burke, give G. S. Johnson 628 majority over his opponent. Lincoln is in the Twenty-ninth District ; th~ other counties, Wilkes, Columbia, and McDuffie, give M. P. Reese 520 majority over his opponent. The majorities named are taken from the consolidated returns, received from the counties composing said districts. Seal of the }. Given under my hand and official { State of Georgia. seal. PHILIP CooK, --v--~.~~.- Secretary of State. The Rev. John Jones, D. D., Chaplain of the last Senate, by request of the Secretary, invoked the blessings of God. The Senators-elect who were present approached the desk, incompliance with the request of the S~c- 6 JOURNAL OF THE SENATE. retary, a.nd took the oath of office, the same being administered by the Ron. C. J. Wellborn, Judge of the Northeastern Circuit. The Secretary announced the election of a President as the next business in order and that nominations therefor would be received. Whereupon the Ron. Milton P. Reese placed in nomination the Ron. A. S. Olay, of the Thirty-fifth District. The nomination of Mr. Clay was seconded by the Ron. Felix Corput and the Ron. vV. A. \Vilson. The election was proceeded with and resulted in the unanimous choice of Ron. A. S. Clay, he having received 41 votes for the office of President of the Senate. The Secretary therefore announced the Ron. A. S. Clay, of the Thirty-fifth District, duly elected to said office. On motion of Ron. M.P. Reese, the Secretary appointed a committee of three to inform the Presidentelect of his election and conduct him to the chair. The committee appointed for this purpose consisted of the Ron. M.P. Reese, the Ron. Felix Corput, and the Ron. W. A. Wilson. The President was conducted to the chair by the committee and presented to the Senate by the Ron. M.P. Reese. Whereupon the President addressed the Senate, and then calling the body to order, announced that the next business was the election of a Secretary, and that nominations therefor were in order. The Ron. W. E. Wooten placed in nomination for Secretary the Ron. W m. A. Harris of the county of .. WEDNESDAY, OcTOBER 26, 1892. 7 Worth. There being no other nomination, the Presiden directed the election to proceed. The Secretary, who was the nominee, retired, the Ron. H. H. Cabaniss, Assistant Secretary of the last Senate, called the roll, resulting in the unanimous election of the Ron. Wm. .A. Harris, of the county of Worth, as Secretary of the Senate, he having received 42 votes, the entire number present. The President announced this result and requested the Ron. Wm. A. Harris to assume the duties of his office. The Secretary, Ron. W m. A. Harris, and his Assistant Secretary, Ron. H. H. Cabaniss, took the oath of office, the same being administered by the President of the Senate. The President declared the election of a messenger the next business in order, and that nominations therefor would be received. Whereupon the following nominations were made: By Mr. Pinson, J. R. Stamps of Fulton county. ~y Mr. Edwards, Lewis Kennon of Fulton county. By Mr. Smith of the Thirty-fourth District, W. S. Schell of Henry county. By Mr. Wooten, A. J. Monroe of Calhoun county. By Mr. Smith of the Twenty-first District, W. H. Tucker of Fulton county. By Mr. Davis, Frank L. Haralson of Fulton county. " 8 JOURNAL OF THE SENATE. By Mr. Whittaker, J. Robert Cole of Paulding county. By Mr. Humphries, D. T. Paulk of Irwin county. By Mr. Wright of the First District, by request, Mr. Brewster of Fulton county. ' There being no other nominations, the President directed the Secretary to proceed with the call of the roll for the election of a messenger. The first ballot resulted as follows : Mr. Stamps received one vote. Mr. Kennon received three votes. Mr. Cole received two votes. Mr. Paulk received eleven votes. Mr. Schell received five votes. Mr. Tucker received five votes. Mr. Monroe received five votes. Mr. Haralson received five votes. Mr. Brewster received two votes. Neither of the candidates having received a majority of the Senators present, the President directed a second ballot, which was bad with the following result: Mr. Kennon received one vote. Mr. Paulk received twenty-one votes. Mr. Brewster received three votes. Mr. Schell received six votes. Mr. Tucker received siX votes. 'VEDNESDAY, OcTOBER 2G, 1892. 9 The name of Mr. Monroe was withdrawn. Mr. Haralson received five votes. Neither of the candidates having received a majority of the Senators present, another ballot was ordered by the President and resulted as follows: Mr. Schell received seven votes. Mr. Tucker received five votes. Mr. Haralson received four votes. Mr. Paulk received twenty-six votes, and this being a majority of the Senators, he was, by the President, declared duly elected Messenger of the Senate and requested to proceed with the duties of his office. The election of a doorkeeper being the next business in order, the President ~nnounced that nominations therefor were in order. "\\'Thereupon the Ron. A. T. Hackett placed in uomination the Ron. Robert E. Wilson of the county of Murray. There being no other nomination, the President directed that the Secretary call the roll for this election. This having been done, it appeared that the Ron. Robert E. 'Vilson, of the county of Murray, had received 42 votes, the same being all the votes of Senators present. The President, therefore, declared the Ron. Robert E. Wilson, of the county of Murray, duly and unanimously elected Doorkeeper of the Senate and directed him to enter upon the discharge of his official duties. The election of a President pro tem. being the next business in the organization of the Senate, the Presi- 10 JOURNAL OF THE SENATE. dent declared that nominations were in order therefor. Whereupon the Hon. Mr. Wooten placed in nomination the Hon. W. A. Wilson of the Thirteenth District. This nomination was seconded by the Hon. l\fr. Wright of the First District, and the Hon. Mr. Fitzgerald of the Twelfth District. There being no other name presented, the President directed the Senate to proceed with the call of the roll for this election. This being done, it appeared that tbe Hon. W. A. Wilson, of the Thirteenth District, had received the entire vote of the Senators present, the same being 40 votes. He was, therefore, by the President, declared duly elected President pro tem. of the Senate. The President announced that the organization of the Senate was complete, and requested all Senators to retire without the chalilb~r for the purpose of drawing for seats. On motion of Mr. Wilson of the Thirteenth District, duly seconded, the President was authorized to select the seat of the Hon. Reuben Jones of the Ninth District, he being absent on account of sickness in his family. The drawing for seats being over, Mr. Smith of the Thirty-fourth District offered the following resolution, which was read and agreed to, to-wit : Resol-ved, That the President appoint a committee WEDNESDAY, OcTOBER 26, 1892. 11 of three whose duty shall be to select a Chaplain to serve the S~nate during this session and that of the year 1893, and report t.heir action to the Senate. The President announced as the committtee under this resolution, Mr. Smith of the Thirty-fourth District, McAfee and Robbe. Mr. Edwards offered the following joint resolution, which was taken up, read and a.greed to, viz.: WHEREAS, The terms of some of the Judges of the Supreme and Superior Courts of this State, and also, of many of the Solicitors-General of the various Judicial Circuits will soon expire, and it being the duty of this General Assembly to fill by election, said offices: Resolved by the Senate, the House of Representatives concurring, That a joint committee of three from the Senate and five from the House be appointed to examine and report as early as possible what officers are to be elected by this General Assembly. Under this resolution, the President appointed as the committee on the part of the Senate Mess:s. Edwards, Hackett and Humphries. Mr. Humphries offered the following resolution which was read and agreed to, to-wit : Resolved, That the Secretary of the Senate be and he is hereby authorized to employ a porter to wait upon the standing committees appointed by the President of the Senate. The following resolution by Mr. Jenkins was read and agreed to, to-wit : 12 JouRNAL OF THE SENATE. Resolved, That the Secretary of the Senate be directed to notify the House of Representatives that the Senate bas organized by the election of the Hon. A. S. Clay of the Thirty-fifth District as President, Hon. W. A. Wilson of the Thirteenth District as President pro tern., and the Hon. W. A. Harris as Secretary, and is now ready for the transaction of business. The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President. The House has perfected an organization by the election of the Hon. W. Y. Atkinson, of Coweta County, as Speaker, and Mark A. Hardin, Esq., as Clerk, and is now ready to proceed with the regular business of the session. The President directed the call of the roll for the introduction of new matter, whereupon Mr. Edwards introduced the following bills, which were read and referred to the General Judiciary Committee, to-wit: A bill to amend an act entitled an act to aniend the County Court laws of this State, to alter and regulate the mode of procuring jurors in said court, and to provide for their compensation, and to provide for the payment of costs, and for other purposes, approved September 27, 1881. A bill to amend an act entitled an act to provide for sales under and by virture of any ji. fa. or other process issued from the Comity Courts of this State, approved July 30th, 1881. And a bill to amend section 281 of the Code of Tm.:RSDAY, OcTOBER 27, 1"92. 1> ~ Georgia, by repealing the last sentence in said section in these. words: ''provided, nevertlwless, that the said salary when once fixed, shall not be increased or diminished during the term of office of said County Judge, and said judges shall, during the remainder of their present term, receive the same salary per annum as that now fixed for the current year." Mr. Davis offered the following resolution, which , wae taken up, read and agreed to, to-wit: Resolved by the Senate and House of Representatives, that a committee of three from the Senate and five from the House be appointed to notify his Excellency, the Governor, that the Senate and House of Representatives are now organized and ready toreceive any communication he may desire to submit. The President appointed as the committee on the part of the Senate under the foregoing resolution, Messrs. Davis, Hatcher, and Monk. On motion of Mr. Fitzgerald, the Senate adjourned until10 o'clock A. )L to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, . Thursday, October 27, 1892, 10 O'clock A. :lL 'fhe Senate met pursuant to adjournment, the President in the chair. ' Prayer was offered by the Rev. John Jones, D. D., Chaplain of the last Senate. On the call of the roll the following Senators answered to their names : 14 JOURNAL OF THE SENATE. Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkim;, McAfee, Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist. Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. The Journal was read and confirmed. Mr. Davis, Chairman of the Joint Committee to wait upon his Excellency, the Governor, to inform him of the organization of the General Assembly and the readiness to receive any communication he might desire to submit, reported the performance of the duty imposed, and that the Governor would communicate with the Senate at an early hour this day. Mr. Smith, of the Thirty-fourth District, Chairman of the Committee to select and report a Chaplain for the Senate, made the following report : Mr. President: Your committee appointed to select a suitable person for the position of Chaplain of the Senate for the year H>92, beg leave to report that they have chosen the Rev. John Jones, D. D., for that position, subject to the approval of the Senate. Respectfully submitted. C. W. SMITH, Chairman. This repoyt was, on motion, taken up and unanimously adopted. THuRsDAY, OcTOBER 27, 1892. 15 Mr. Hackett offered the following resolution, which .was read and agreed to, to-wit : Resolved, That the President appoint a committee of three to inquire and report what number of additional porters and gallery keepers are required for convenience of the Senate during the present session. The committee appointed by the President under this resolution consists of Messrs. Hackett, Chambers and Robbe. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to-wit: A resolution appointing a joint committee to consist of three from the Senate and five from the House to wait upon his Excellency, the Governor, and notify him that the General Assembly have organized, arid are now ready to receive any communication he may desire to make to them. The committee upon the part of the House are Messrs. Hill of Meriwether, Ham, Sears, Graham and Battle. This resolution was, on motion, taken up and con curred in. The House has also adopted the following joint resolution, in which the concurrence of the Senate is asked, to-wit: A resolution to convene the Senate and House in 16 .JOGRNAJ~ OF THE SENATE. joint session for the purpose of counting the vote for Governor and State House officers. This resolution was, on motion, taken up and concurred in. The following resolution, offered by Mr Hackett~ was taken up, read and agreed to, to-wit: Resolved, That the rules of the last Senate be made the rules of this Senate until new rules are adopted. Under a suspension of the rules, on motion of Mr. \Vright of the First District, the following bills were introduced, read the first time and referred as respectively indicated, to-wit: By Mr. W"right of the First District- A bill to repeal an act approved August 14, 1891~ entitled an act to provide a Board of Equalization. Referre4 to the General Judiciary Committee. Also, by Mr. \Vright of the First District- A bill to repeal an act approved October 5, 1885~ entitled an act to establ-ish a County Court for the county of Effingham; and also, to repeal an act approved January 19, 1892, entitled an act to create a County Court in each county in the State of Georgia, except certain counties therein mentioned, and all acts amendatory of. said act, approved January 19, 1872, so far as said last mentioned act and amendments apply to the county of Effingham ; to provide for disposition of the records and business in the THURSDAY, OcToBER 27, 1892. 17 County Court of Effingham county, and for other purposes. Referred to the Special Judiciary Committee. Also, by Mr. Wright of the First District- A bill to require the Board of Commissioners of Roads and Revenues of the county of Effingham to a_ppoint election managers for the several election precincts of said county, and to require the Ordinary of said county to make such appointment, in case said board shall fail to do so, at least ten days before the day for holding such election, and for other purposes. Referred to the Special Judiciary Committee. . By Mr. Edwards- A bill to amend an act to require the Clerks of Superior Courts of each county to procure and keep a duplex index of the written instruments recorded in his office, approved October 5, 1887. Referred to the General Judiciary Committee. Also, by Mr. Edwards- A bill to amend section 4080 of the Code, so as to allow persons distrained for rent, when they are unable to replevy the property levied on by giving security for the eventual condemnation money, to make and file an affidavit in forma pauperis, and for other purposes. Referred to the General Judiciary Committee. The Honorable Philip Cook, Secretary of State, in person, presented _to the Senate the following com- munication, to-wit: 2 18 .JoURNAl, OF THE SENATE. ATLANTA, GA., October 27, 1892. To the Honorable, the President o-P tlte Senate: SIR-In compliance with the provisions of law, I herewith transmit to you the returns of an election held on the 5th instant, for Governor and State House officers. Some of them you will find directed to ine as Secretary of State; these I opened, but as they con. tain returns for the above named officers I transmit them also. I have been informed by the ordinaries of the counties of Bulloch, Charlton, Emanuel and Lincoln, that the consolidated returns for members of the General Assembly are enclosed in the returns for Governor and State Rouse officers. These returns I h.a.ve no authority to open; therefore was unable to report the names of the members elect from said .counties. Respectfully, PHILIP CooK, Secretary of State, 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 accompanying documents. On motion of Mr. Humphries, the message of the Governor was taken up. The reading thereof was proceeded with until the hour fixed for the joint session. At this juncture the further reading of the message was suspended on motion of Mr. Davis, and three hundred copies thereof were ordered to be printed for the use of the Senate. The message of the Governor is as follows : THuRsnAY, OcTOBER 27, 1892. 19 GOVERNOR'S nESSAOE. ExECUTIVE DEPARTMENT, Atlanta, Ga., October 26, 1892. To the Senate and House of Representatives : The General Assembly of 1891 proposed four amendments to the Constitution of the State, to wit : An amendment to provide for annual sessions of the General Assembly. An amendment to fix the length of the sessions of the General Assembly. An amendment to provide for the first and second reading of local bills and railroad and bank charters. An amendment to confer upon the Secretary of the State authority to issue charters for banks, in- surance, railroad, canal, navigation, express, and tele- graph companies. These proposed amendments were all advertised, as the law directed, and voted upon at the-last general election. A return and consolidation of the votes on these amendments, as made to me by the Secretary of State, shows that "ratification" received a majority of the-qna;lified electors voting thereon at said gen- eral' election~ 20 .JOURNAL OF THE SENATE. DTREUT TAX. Under the directions of the General Assembly, expressed in the Act approved October 21, 1891, the Direct Tax, levied by the Federal Government in 1861, and refunded to the several States, is now being distributed to proper claima~. The amount refunded to. Georgia was $8~,031.03. Of this, $53,937.80 bas been paid to 1,322 claimants; and $29,093.23 remains yet to be distributed. There are now under consideration about one hundred claims, and it is probable that at the end of the time allowed for the distribution, six years from March 2, 1891, several thousand dollars will remain unclaimed in the treasury of the State. MILITARY AFFAIRS. Under the Act of 1891 a permanent site for a Military Encampment was established near the city of Griffin. In order to secure the location of the permanent camp, the citizens of Griffin donated to the State 105 acres of valuable land ; built thereon necessary mess balls, kitchens, hospitals, bath houses, stables, etc., and fitted up the necessary water supply and electric light apparatus free of cost to the State. The location is upon high and healthy ground and the supply of pure water is ample for all purposes. It is centrally located and of easy access from all parts of the State. During the months of May, June and July the volunteer organizations of the State held their second annual encampment. The accommodations of the camp not being amp~e for all the military at one time, the forces were divided into detachments and occupied the camp in succession. During the first THURSDAY, OCTOBER 27, 1892. 21 week, commencjn_g May 24, 1892, the 1st and 4th Regim~nts of Infantry went into camp; other troops following until nearly all the organizations participated. During the encampment four regiments of infar..try, three battalions of infantry, one regiment and -one battalion of cavalry and two batteries of artillery were in camp, numbering in the aggregate :about 1,800 rank and file, and 240 officers. The reports of the Adjutant and Inspector-General, the Quartermaster-General, as well as that of Capt. Lewis Smith, of the U.S. Army (detailed to inspect and report upon the encampment), all show that the results of the work by the. volunteer forces of the :State were creditable and satisfactory. When we consider that only one week in the year is devoted exclusively to strict military training and discipline the results are gratifying. Yet much remains to be done to render our State forces proficient and thoroughly versed in the duties of the soldier. The total expenses of the encampment as shown by the report of Col. A. J. West, the efficient Quartermaster-General, amounted to $19,154.80. This sum was JIBed in paying for the transportation of the troops to and from the camp, for subsistenoo, medical supplies, camp equipage, freight and incidental expenses of the encampment. The vouchers for the disbursements made are of file in the Executive Departments and confirm the official report of the Quartermaster-General. The absolute necessity for an e:ffi,cient and thoroughly organized military in the State, subject to orders of the authorities in case of threatened invasion or armed resistance to the civil powers, must be conceded. It is one of the first duties of the State to organize and prop;lrly maintain her volunteer 22 .JOURNAL OF THE SENATE troops, and not entirely rely upon the patriotic sac-rifices of those who make up these'companies to hold themselves in constant readiness to go at a moment's notice to defend the life or property of citizens. Frequent demands have been and will continue to be made for the aid of the military to support the civil authorities in preserving order and preventing mob-. violence. The recent experiences in other States in quelling armed mobs which openly defied the civil powers, should teach us that the peace and safety of the Commonwealth demands a well organized and efficient military force, one which may be relied upon in any emergency to J>rotect the honor and dignity of the State. The presence of such a power has a very wide and salutary influence and prevents outbreaks and consequent bloodshed. I 1eel it to be my duty to urge upon the General Assembly the great importance of properly maintaining the volunteer forces. Members of these organizations lose, necessariJy, much time in attending to the duties of the service and incur considerable expense in keeping up their companies. Especially is this the case when they go into encampment or respond to the call of the Executive in th'eservice of the State. The present rate of appropriat.ion to the military is. less than six dollars per capita per annum. The State could well afford to double the appropriation for the security of the life and property of its citizens. The amount would be more than returned tothe tax-payers ~n the S!3curity it would throw around their property. If not liberal, th~ State ought, ~;tt least, to be just to her voluntee~ forces. 'J_'he expenses of theencampment for 1891 exceeded the appropriation and an outstanding debt r_emains unpaid, amounting to. $1,94S.tr4. There is enough of 'fHURSD~Y, Oc.roBER 27, 1892. 23 the fund of 1892 undrawn to meet this debt; but, in the opinion of the Attorney-General, it cannot be used for this -purpose wHhout special authority of the Legisla~ure.. I recommend that such authority be granted, that the accounts may be settled without further delay. WIDOWS' PENSIONS. The law prqviding. pensions to. the widows of Confederate soldiers has been carried out as far as the amqunt .set apart ,for that purpose permitted. At the time the appropriation was made bythe last General Assembly, about 3,500 widows had filed claims for pensions under the law and it was then estimated that 4,000 would make the necessary proofs. To :p1e~t these claims ~he appropriation was find at $400,000. On the 1st of last February payments were begun and .continued until 4,000 were -paid pensions for the y~ar ending February 15, 1892. Before the end of the first pension year, however, 4,1~2 claims had been received and approved. Eightyfour of these claimant!:'! died before payments began, and as there was no authority under the law to pay the amou~t to the heirs~ .the money appropriated was paid tothe4,000living.nppli.cantsin the order in which their claims had been recPived. The entire sum appropriated w~s exhp,us.ted before aJ} surviving Claimants wer.e paid and thirty-eight of them who compli~d with the l;t.W in time, and, whos.e claims were approx~d,. could not. be paid for. want .qf .funds There should be .a special appropriation to meet these just claims. The law pensions Confederate widows upon certain' conditions. These last fully complied with the law and filed claims which were duly approved, but the claimant failed to receive the amount, only because. the estim-ate fixed by the Legislature was not sufficient to pay them. 24 JOURNAL OF THE SENATE. After the expiration of the first pension year, applications by other widows continued to be received, but, as the appropriation had been exhausted and the period passed, their claims were returned with this information. Recently inquiries have been sent out .to all the Ordinaries in the State ; and from their official replies, it appears that there are over five hundred other widows who may probably bA able to make the neces11ary proofs under the law and show themselves entitled to pensions. This can be accounted forbythefactthat many applicants had much trouble and lost much time in :finding witnesses who could make the proofs of the services and deaths of the soldiers, while others did not know of the law until too late to apply for the first pension. Judging from these data and the experience of the Department in pensioning soldiers, there will be a large increase in the number of applicants in 1893 for the widow's pension. To meet this demand there must be either an increase in the appropri~tion over and above the $400,000 appropriated for this year, or else the amount of the individual pension must be diminished, by a change in the present law which allows each widow one hundred dollars per amium. This sum was fixed at a time when the estimated number was six hundred widows. The present estimate is 4,500. If the pension is fixed at ~85 per annum, the present appropriation of $400,000 would pay 4,700 claimants, or $80 would pay 5,000 applicants and avoid any increase in our present rate of taxation for this purpose. SOLDIERS' PENSIONS. The appropriation for disabled soldiers has been paid to beneficiaries this year, and blLCt:l the amount w.as exhausted a number of claims have been T~URSDAY, OcTOBER 27, 1892 2:) received. As time passes and the survivors of thP war grow older, their old wounds become more troublesome and their disabilities increase. This drives many who have not heretofore applied for pensions into making application for the State's bounty. The law requiring Grand Juries to investig-ate pension lists has not been fruitful of much good. Some Grand Juries have without examination condemned the claims of soldiers on the pension roll and put them to much trouble to sustain their rights to the allowances, when if careful investigation had been made and the law understood, their claims would not have been questioned. Others report that they were unable to investigate the questions and passed the subject without action. The list of pensions this year about equals that of previous years, the new claims received and allowed equaling the list of deaths and removals. The utmost care is necessary, and has been exercised, to prevent placing upon the roll any claim not strictly provided for by the law. The necessity of watchfulness and close scrutiny has been demonstrated by the number of questionable claims which have been presented. Some of them were found to be frauds and the names of their applicants have been stricken from the rolls when proved undeserving. In one or two instances forged documents have been presented to sustain claims. Any lo.ose rules or want of care in passing upon claims would be taken advantage of, and the list would soon contain many not disabled as contemplated by the law, and the State would be burdened unnecessarily. 26 }Ot;RNAL OF THE .SENATE. INDIAN WAR PENSIONS. . . .. A recent act of .Qongress provides pensions for the survivors of the Indian wars of 1832 to 1842. The pension~rs must have been officers, soldiers, militia or marines who served thirty days in what are known as the Black Hawk, Creek, Cherokee or Seminole wars. .The State of Georgia furnished a number of com- panies ;:tnd b!Lttalions in t~ese wars, and the sur- vivors and the widows of those who served and have si~ce died, are constantly inquiring about the record of the enlistment and service of said soldiers. There are :n,o reliable data i~ any of the departments from which ii;tformation .can be given. .If the muster rolls of the companies are in. Washington and copies can be furnished, they would be o{ great service to ap- plicants. I recommend such an appropriation as may be necessary to pay for making such copi~s, to be kept by the State .for the. use of iri~erested parties. PUBLIC PROPERTY. For the proper protection of the Capitol I recommend the enactment of a law clothing the janitor lind watchmen with power to arrest and deliver to the city authorities persons mutilating or defacing the building or furniture therein. The walls and stairways have been wilfully and disgracefully defaced. The plastering in the stairways leading to the balco11y on the dome has been cut and defaced until there is scarcely room for further mutilation. The galvanized iron work on the balcony has been cut and marked until it will soon have to be replaced to protect the dome from the weather. Such wanton work of malicious characters should be punished and the building protected from future abuse. THUR~DAY, OCTOBER '4.7, 1?92. 27 I beg to cal1 the attention of the General Assembly to the condition of Mitchell street running along the Southern front of the Capitol grounds. This street . has not been p~ved a~ yet, because the noise from Belgian block pavement wo"!lld seriously interfere with the .dispatch of business before the. Supreme Court. I am informed that the city stands ready, as do the citizens living adjacent, to appropriate such sums as may represent their share of expP-nse neces~ sary to put the street in proper condition whenev~r the State will act. with them in ' determining the character of pavement to be used. : I respectfully recommend that an appropriation be made sufficient to put this street in as good condition as other street-s about the Capitol grounds. UNIFORMITY OF THE LAWS OF THE STATE. In accordance with a resolution of the General Assembly approved September 26, 1891, I appointed Hon. P. W. Meldrim of Savannah, and Hon. Walter B. Hill of Macon, as a commission "to confer with similar commissions of other states in reference to various subjects upon which uniformity in the laws of all the states is desirable." Hon. P. W. Meldrim alone was able to attend the meeting of the various commissions held at Saratoga, New York. He reports to me that he there met commissioners from New York, :New Jersey, Delaware, Massachusetts, Mich~gan, ,Pennsylvania, and Mississippi. After working three days, they adjourned to meet in New Y o:rk City, November 15th, this year. It w:as determined that no report should be made until it could be presented in complete form. 1'he commissioners, who are among the. most emi:Qent lawyers of the country, discussed legislation, 28 JOURNAL OF THE SENATE. dealing with matters of great interest, such as marriage and divorce, deeds, weights, etc. It was found, for instance, that the weight of a bushel of wheat varies greatly in the several states, tending to confusion in commercial transactions. There are some small necessary expenses connected with the meeting of the several commissioners, such as hall rent, and stenographic work, which the last General Assembly seems to have overlooked. If Georgia does not provide for them, her share would have to be borne by the other states. I suggest, therefore, in view of the great importance of the work proposed, that the General Assembly make such provision for defraying our share of these necessary expenses as may seem due and becoming. TREASURER'S REPORT AND STATE FINANCES. The State Treasurer has prepared his report of the State's finances for the year and from advance sheets I gather the following interesting figures: _ ____ Balance cash in Treasury Oct. 1, 1891.. ................ $ 730,939 96 Receipts for year ending Sept. 30,. 189!l ................ 3,145,,900 OS Total to be accounted for ........................$3,8i6 840 o4 Paid out on warrants ..................................-3,1-28,-788-41 Balance in treasury Oct. 1, 1892 ..................$ 748,051 63 BONDED DEBT. The amount of valid bonded debt Oct. I, 18!)1 .......... $8,283,315 00 New bonds sold to redeem maturing bonds............ 207,000 00 $8,490,315 ()() Matured bonds paid since Oct. 1, 1891. . . . . . . . . . . . . . . . . . 305,315 00 Present bonded ddbt ............................$8,185,000 00 Under the Act of 1891, bids were invited for the purchase of a small issue of new bonds of the State to meet certain bonds maturing in July, 1892. Sev- THURSDAY, OcToBER 27, 1892. 29 eral bids were received, and May 2, 1892, the sale was made to the highest and best bidder ~t a premium of one and one-sixteenth per cent. The small amount of the issue and the extreme stringency of the money market throughout the country prevented a better sale. However the law was fully complied with, and the bonds ;brought a fair premium. Under the Qircumstances, the transaction is another evidence of the high position the State of Georgia holds in the financial circles of the country. All efforts on the part of her enemies to cripple her credit and depreciate her bonds have failed. Our worthy treasurer also makes report of the amounts held by him under law as deposits by insurance companies doing business in this State. The total amount of bonds deposited by insurance companies is, at this time $1,425,000. He also holds on deposit the amount of bonds required by law of the lessees of the Western and Atlanta Railroad Company, to-wit, $CiOO,OOO. The law requires the treasurer to submit an estimate of the receipts and disbursements for ensuing year. He has prepared an itemized statement which accompanies his report. If appropriations for 1893 do not materially exceed those of the present year the rate of taxation for 1893 may be reduced to four and one-half mills in place of four and eighty-fivehundredth mills levied for 1892. 'fhe treasurer, as bank examiner, also makes report on State banks and furnishes the data collected showing the condition of these institutions. I call attention to the report of the treasurer and to the recommendations made by him touching the laws under which his department is managed. so- 'JouRNAL OF THE SENATE~' REPORT OF SECRETARY OF STATE.. I call special att.ention to the report of the Secre- tary of State and urge upon the General Assembly such legislation ~s may be necessary to correct the e'vils he. points out in the laws concerning public lands, surveys, phosphate beds, tb,e oyster indus~ try, etc. . . The ratification of the amendment to the Constitution authorizi.~g the Secretary of State to issue. corpo- rate powers and privileges to banking, insurance, rail- road, canal, navigati:m, express, and telegraph com- panies wil~ make it incumbent .on the General Assembly to define m~st clearly and distinctly the rights 1:1nd privi1eges, duties and liabilities of such corp_orations, so that there can be no doubt as to the duty of tlie Secretary of State under the new re- sponsibilities imposed upon him. I recommend such changes in the laws passed by the last legislature affecting bank and railroad char- ters as will comply with the provisions of the recent amendment to the Constitution of the State on this subject. . The Secretary asks for a small appropriation to be used for rebinding and preserving some important rec<;>rds i:n the department over which he presides. I recommend the appropriation necessary for this purpose. COMPTROLLER-GENERAL'S REPORT. The annual report of the Comptroller General for the official year ending Oct. 1, 1892, makes the following exhibit ofreceipts and disbursements: Cash balance in Treasury, October 1, 1891 ..................$ 730,939 96 Receipts from all sources to September 30, 1892........... 3,145,900 08 Total receipts .......................................................$3,876,840.04 Tm.JRsnA.Y., OcTOBER 27, 1892. 31 Amount paid on Governor's warrants m payments public debt, expenses of department; spec"ial appropriation, school fund, public institutions, etc., to September 30, 1892 ............ 1.......................... ' ............... $3,009,554.71 Speaker and _Pre~~iden~ of Senate warrants on account - - - - - - . legislative pay roU_and mileage .:.............,. ....... 119,233.7 Total disbursements ..................... ............, ........ $3,128,781MJ Cash balance October 1, 18!l2.......;..:...............................$748,051_.63 The property returns, as shown by the consolidation of the tax digests, indicate_ a satisfactory increase in value- throughout the State over thE:> returns for the previous year. The total amou~t of property returned for taxation by individuals in 1891 was ............................................ $402,586,468 The returns for this year show an aggregate of...... ........ 421,149,509 A net increase. of...... ,............................................$ 18,563,041 The returns by railroad companies, including street railways for 1892, aggregate............ ..........;.....;............ $ 42,.604,025 For the year ending October 1, 1891...... ...... ..... ...... ... ... 42,383,287 Net increase of railroad property......... .. ...... .......... $ 220,738 Of the above amount returned by individuals the colored tax-payers now return property valued at.................... $14,869,575 Their returns for 1891 aggregated............. . ...... ...... ........ 14,196,735 Showing increase for present year ............................. $ 672,840 When considered in connection with the almost universal complaint of short crops and low prices of -our staple products, and a corresponding dullness in business circles, this increase in property values is very gratifying and encouraging. The Comptroller-General also furnishes in his re- port inany tables of valuable statistics from which the General Assembly may gather all needed infor- mation about the tax laws and the resources of the State. 32 .JoURNAl, OF THE SENATE. DEPARTMENT OF AGRICULTURE. At the outset of his report the. Commissioner of Agriculture very properly calls your attention to his economical administration of his office in the reduction of salaries. I feel quite sure the efficiency of the department has not been injured by these changes. I trust by full and .free conference with the Commissioner, the General Assembly will be enabled to further reduce the expenses of this department without detriment to its usefulness. I desire to emphasize what the Commissioner has to say in recommending suitable legislation to prevent and suppress the loathsome disease known as Glanders. In reference to the Experiment Station I have no official information to communicate to the General Assembly, except such as is given you in the report of the Commissioner of Agriculture. I would respectfully suggest, however, the possibility of such co-operation and union between the department and the station as will render both, possibly, more efficient and reduce the expenses of maintenance. 'l'his I think is especially true in the matter of salaries. The department has in its employ a chemist and two assistant chemists, at an expense to the State of $5,000 in salaries. The station bas in its employ a chemist and an assistant chemist, at a cost of $2,400 for salaries. As the Commissioner of Agriculture is properly ex officio t.he head of the Experiment Station, the department and the station can be easiiy further united without injury to the usefulness of either and at a reduction of the expenses of both. The General Assembly is respectfully urged to THURSDAY, OcTOBER 27, 1892. 33 give to the department and to the station such consideration and help as will improve our practical agriculture and thereby advance the material interests of the State. THE GEOLOGICAL SURVEY. Since the report submitted to the General Assembly in 1891, the survey of the State has gone forward as rapidly as possible, in the opinion of the chief of the department, Dr. J. W. Spencer. The State Geologist has completed the survey of what is known as the Coosa river basin, and has submitted his report, which covers work done in Polk, Floyd, Bartow, Gordon, Murray, and "\-Vhitfield counties. The Geological Board has not published this report, partly because of the considerable expense it would involve, and partly because it deemed it best to await the completion of the work so that the whole survey might be arranged systematically and published in final shape. Recently Dr. Spencer has been engaged in completing the survey inNorthwest Georgia, and in work in Southwest Georgia, where he has been making important investigations as to the supply of artesian water, and its accessibility. A large portion of the southern part of the State was treated in the first report of the survey, made last year. Mr. Whatley, assistant geologist, has been engaged inNortheast Georgia-Rabun, Towns, Union, Fannin, Lumpkin, White, Habershan and Hall counties-and has submitted a report covering part of his work. Mr. Anderson, the engineer, of the department, has completed his survey of the water-powers of the Chattahoochee, Flint and Ocmulgee rivers, including adjacent creeks, and has determined the volume and consequently the material value of these streams. 3 E. MRTON .COULTER 34 JOURNAL OF THE SENATE. The survey embraces a thorough investigation of the soil, timber, ores, minerals, artesian water, waterpowers, healthfulness-all the natural wealth of the State. Specimens of natural products and minerals are being collected, and a museum, in compliance with the law, is being formed. This collection will be of great educational and material advantage, as showing the resources of the State. RAILROAD CO~BHSSION. The attention of the General Assembly is called to the elaborate and comprehensive report submitted by the Railroad Commission. Under the wise administration of the law the members of the commission have deserved and received the confidence of the people of this State in the discharge of the responsible duties put upon them. Conservative in action, yet determined upon the enforcement of law, the commission has guarded well the rights of the people against the possible aggressions. by corporate powers, and at the same tfme protected the rights of corporations against the undue attacks and demands of the people. I confidently believe that the rights of the people and the rights of the companies put under their control, as. defined by the laws of this State, are absolutely safe and secure. Especial attention is asked to the statements ~nd subsequent recommendation made in this report touching speculation in railroads. The case is distinctly stated in the following extract from the report of the commission. "A grave public wrong confronts the country in the use of railroads as a means of speculation to defraud and rob the people and enrich the speculators, which presents a serious phase of the railroad problem, and demands, in our judgment, legislation.'' r THURSDAY OcTOBER 27, 1892. 35 Referring to speculation in the stock of railroad corporations in the message I had the honor to submit to the last Legislature, I made the following statements: "When the stock of railroad corporations is held by citizens of this State, or those who are immediately and personally interested in the development {)f the State's resources, very much might be properly left to such corporations themselves, because of independent or mutual relations. If it should be true that the railroads of the State are, in any large or controlling measure, owned and operated by persons not identified with the interests of this State, then the profits become merely speculative. Any road begin- ning and terminating inside the State's limits~ must depend absolutely for its maintenance upon the deelopment of resources along its line. The management, therefore, cannot afford to ignore or destroy these local interests. The moment the corporation is extended. across the border it finds other resources and other business connections outside the State, and, under our interstate laws, puts itself beyond the authority of the State's control, and is in a position to make demands for freight rates that are unjust, burdensome and oppressive. "The situation is especially to be considered, the more the roads of the State are brought under one and the same control and ownership, having the e:ffe~t 'to defeat or lessen competition in their respective business or to encourage monopoly.' Just this condition now obtains in Georgia. A large number of the most important roads in the, State have come under one management. They have interstate connections and being owned largely for speculative purposes and not for th.e permanent development of the State, the interests of the State demand that the people shall be protected against unjust and oppressive rates."!" 36 JOURNAL OP THE SENATE. Many of these conditions have been adjusted in the interest of the people. 'fhe commission now calls attention to a similar, and if possible a more dangerous evil, in that many roads are loaded with watered stock and bonded far in excess of their value, from which colossal fortunes are made by questionable methods. The remedy for this great and growing evil, submitted by the commission, will, in my judgment, meet the demands, and I recommend its enactment into law. REPORT OF ATTORNEY-GENERAL. Very soon after I came into office the term of lease of the Western and Atlantic Railroad expired, and it became necessary for me to complete the contract 0etween the State, as entered into by my predecessor, .tnd the Nashville, Chattanooga and St. Louis Railway by turning ov.er to them the State's property as stipulated in the agreement. 'fhe necessary investigation of the condition of the State's property soon made known to me the importance of more satisf~tctory information about the State's interests. After full conference with the Attorney-General I requested him to take whatever action in his opinion might be necessary to protecL and secure the State's property within the borders of this State and in Tennessee in any way connected with the Western and Atlantic Railroad. I am pleased to say that he has made thorough investigation of the matters submitted to him, and brought to my notice many important facts fully set forth in his accompanying report, to which I call your attention. I beg to say, upon the developments made, and my THuRsDAY, OcTOBER 27, 1892. 37 personal knowledge of the important interests involved, I fully concur in the view of the AttorneyGeneral "that the interest of the State in the property known as the Western & Atlantic Railroad would be subserved by the permanent employment of a special attorney, charged with the pres-ervation of the legal rights of the State to the various items of this property in two states and of great value." It is due that I should say in the adjust.ment of all .the matters pertaining to this valuable State property, together with the Attorney-General, that I have been impressed with the fairness and liberality of the .lessees.. I have found the Pres~dent of the company, at all times, ready to co-operate with me in any action necessary for the proper protection and preservation of the State's property. I respectfully ask your consideration of the further matters submitted by the Attorney-General, with the recommendation that you give them such direction, .as your wisdom may suggest. PENITENTIARY. Col. Geo. H. Jones, the Principal Keeper of the Penitentiary, has submitted his report showing condition of the Penitentiary from October 1, 1890, to .September 30, 1892. The following table shows the number of convicts .in the Penitentia.ry for the past two years : .In camps October 1st, 1890.............................................. 1,694 Received fromjails ................,......................................... 1,090 Escapes, and out at last. report, sinc3 returned to the Peniten. tiary ...................... 16 Qleceived from .Asylum, out at last report, and since returned to the Penitentiary......................................................... 2 2,802 38 .Jot:RNAf, OF THE SENATE. Discharged, pardoned and sentences commuted of this number............................................... 685 Escaped since last report, and still at large..................... 63 Died since October 1st, 1890......... ...... ...... ....... ....... 107 Returned to court for new trials, and acquitted............... 3 Sent to Asylum ..........:............................................. 4---862' 1,9-!0 The classification as to color and sex of the inmates of the Penitentiary is as follows : Oct. 18H2.,~Iales 1 Males IFemales,Femalesl White !Colored White Colored Total 194 1,710 2 -lc4 1,940 A net increase for two years ............................................. 274 From this table it will be seen that the negro race contributes 90 per cent. :!.nd the white race ten per cent. of the convicts. The rules for the government of convicts have been enforced and when violated, guilty parties have been held to account. The convicts are in good health, as will be seen by reference to the report of the Principal Physician. The death rate is less than two per cent. per annum. When it is considered that this includes all deaths caused by accident, or resulting -from mutinies, diseases contracted by convicts prior to arrest and while in jails, it will be understood that the death rate from diseases contracted in the peni- tentiary is remarkably lowawt. proves that the rules to preserve the health of t~ convicts are wise and t . conducive of fine results. The total numher of deaths during two years isc 107 among 2,802 convicts in prison during that period, or fifty-three per annum, which makes the death rate- nineteen in the thousand. I feel especial pleasure in commending the man- agement of this department. Surrounded with dif- THURSDAY, OcTOBER 27, 1892. 39 ficulties and attended by a great many unpleasant and some painful duties, the Principal and Assistant Keeperand Physician have met my highest expectations in the management of the interests committed to their care. The lessees have uniformly and promptly co-operated with the State's officers in whatever was deemed best for the management of the convicts. I call the attention of the <:ieneral Assembly to some important changes noted in the report of the Principal Keeper. In this connection I beg to repeat what I said to your predecessors about the proper condition of our jails as a preventive of disease among. convicts and a reformatory for misdemeanor convicts and young criminals. JAILS. "A matter imperatively 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 ha:r;tds of the lessees. This is no part of the penalty affixed to the law, and the State permits a great wrong done when such treatment goes :p:punished. These evils are common and they .shdl!J.d be remedied. An additional officer, attached to the Penitentiary department, whose duty "it shall be to inspect and report the condition of the jails of the St~te, under regulations for the care and well-being of inmates, would serve the good of these unfortunate people and save the name of the State." 40 JOURNAL OJ<' THE SENATE. ' A REFORMATORY. "For misdemeanor Cbnvicts 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 home influence, allows many petty violations of the law, by those of tender years, that should find some wholesome restraint under reforming influences. ''The object of all punishment is two-fold : 1st, to prevent crime ; 2d, to reform the criminal. I undertake to say that, in many instances, our present sys- tem aoes not effectually accomplish either purpose. On the contrary, it increases crime by hardel,ling the criminal. It is far more in harmony with good government to prevent crime than to punish the criminal." PARDONS AND COMMUTATIONS. During the past two years I have had presented for my considsration nearly three hundred applications for clemency. This responsible duty, placed upon the executive by law, is indeed burdensome and trying. I have passed upon the greater part of these petitions and I report, in an appendix to this message, the list of cases where clemency has been granted with facts and reasons for action in each case. This report embraces all cases of clemency up to Octtober 1, 1892. PUBLIC SCHOOLS. The State Commissioner submits a very gratifying report upon the condition of public schools. The attention of the General Assembly is respect- THURSDAY, OCTOBER 27, 1892. 41 fully asked for the several recommendations made by the Commissioner looking to the improvement of the system. ~ Your especial attention should be given to the prompt payment of teachers for their services. Teachers can ill afford to discount the small amount they receive for the efficient labor they give the State. I fully concur with the Commissioner as to the effi- ciency of the Teachers' Institutes established by the last General Assembly. In the absence of earlier normal training the teachers who now have charge of our public s0hools will be greatly advanced in effi- ciency after being instructed, even at this late date, in improved methods. I most earnestly urge upon the General Assembly a liberal appropriation to theNormal School recently established at the city of Athens. The last legislature accepted the buildings and .grounds generously tendered by the trustees of the State University, together with a small amount of money, the interest on the "Gilmer fund," to aid in defraying the expenses of instructors in the school, and a contribution of $500 by the citizens of Athens to supply cheap furniture for the building. The limited means at hand did not justify a longer session than seven weeks, yet the following extract from the report of the board of instruction, is suffi- cient to determine the value of the institution as a strong fact-or for good in our public school system. ''Georgia needs something more than a summer normal college. This great State is far behind in the matter of normal training of the teachers in its public and private schools. The reputation of the State and the dignity of the profession demand that a regular college be established. Jtwill take $15,000 to'remodel and repair and furnish the present Rock College buildfng and make it suitable for normal work. Dor- 42 JOURNAL OF THE SENATE. mitories will cost $25,000 each, and two are needed, onefor boys and one for girls. A faculty of at least eight teachers should be ehosen, costing at least $12,000 a year. No second rate, small pay man or woman is needed in the Georgia State Normal College. The first appropriation from the legislature should not be less than $30,000 for repairs, refurnishings, and employment of faculty for one year. The annual appropriation"should be $15,000forrunning expenses, and dormitories should be added as rapidly as. possible." GEORGIA NORMAL AND INDUSTRIAL COLLEGE. The President of the Georgia Normal and Indus trial College submits the following data showing the condition and possibilities of this cherished State in. stitution. It is but one year old, but its success isalready established, The college was opened Sept. 30, 1891, with eighty-six pupils, representing fifty-two counties in the State. Others were admitted during the first session until the number enrolled reached 171 pupils. The second session opened on 21st of Sept., 1892, with 262 pupils and in less than onemonth the number increased to 316 young ladies coming from eighty-seven counties in Georgia. Owing tothis large increase in the number of pupils it will be necessary to increase the number of teachers. President Chappell thinks there should be one assistant in the Dress-making department, one in the Freehand and Industrial Drawing department, where there are 250 pupils to be instructed and at present only one teacher. Also a special teacher for Natural Science and an assistant teacher in English and Modern Languages, and t;~till another in ElocutiOIJ. and Physi- THURSDAY, OcTOBER 27. 1892. 43 cal Culture. To secure first-class teachers for these five chairs would require about $6,000 per annum. It also appears that the school has incurred a debt of $4,300 in completing a system of water-works, sewerage, furniture for the Dormitory, etc., all of which it seems were absolutely necessary and could not be postponed until an appropriation was had without seriously damaging the institution. Presid~nt Chappell also urges the need of another Dormitory to accommodate the pupils who are now compelled to secure board with private families in Milledgeville. If this cannot be done such an amount as would build an annex to the present Dormitory sufficient to accommodate at least one hundred girls~ is asked for. Feeling, as I do, the importance of putting this industrial college .for our girls upon the high road to prosperity, and to secure the greatest amount of good from it, I recommend that all the needs of the institution be provided for by the General Assembly. STATE U~IVERSITY. The report of the Trustees of the University of Georgia, and the report of the Board of Visitors for the session of 1892, are herewith transmitted. I respectfully call attention to these reports and to the recommendations made therein. During the last session of th~ University there were enrolled one hundred and seventy-three students. A.bout forty applicants were refused admission because of failure to show sufficient preparation in text-books; and seventeen were dismissed on account offailure to keep abreast of the class work. The standard of the University is high and the Faculty a strong one. The discipline and morals of 44 JOURNAL OF THE SENATE. the students are such as to deserve the highest commendation. I need not do mo~ than call the attention of the General Assembly to the wants of this grand institution. The well settled policy of the State to foster and maintain. the University is known, and I stand ready to sanction any reasonable effort to keep it up to the highest standard possible and make it the equal of any educational i~stitution in this country. TECHNOLOGICAL SCHOOL. The number of students at the Technological School is not quite so large as last year, probably owing to some serious inconveniences that arose from losses by fire. Theloss of the shop by fire was a lamentable disaster. The building and machinery were insured to the amount covered by the school's quota of the insurance appropriation and beyond this amount by the wise forethought of the gentlemen of the Commission. The amount realized from insurance has been sufficient to rebuild the shop and partially to equip it again. For the successful operation of the mechanical department on the old basis, the school will now need an appropriation of $20,000 in addition to the appropriation for maintenance. The line of education pursued by this school points especially to the material development of the State as no other institution does. The special work of the school looks to the practical application of scientific knowledge to the needs of life. The aptitude and talents of the boys of this State are equal to the aptitude and talents of boys of other sections, and the State needs their development now on the lines of the THURSDAY, OCTOBER 27, 1892. 45 School of Technology more than at any time in our history. I commend this institution to the most favorable consideration of the General .Assembly, and ask for it such. appropriation as the general condidition of our finances will authorize. SCHOOL FOR COWRED STUDENTS. In accordance with the Act of the Legislature, approved November 26, 1890, a school for colored students has been established, and a commission, consisting of P. W. Meldrim, W. R. Hammond, P. J. Cline, J. B. Felder and Geo. T. Murrell, was appointed. This schoof, under the law, is a branch of the State University. After the commissioners had established the school they became, by operation of law, a local board of trustees for the management of the institution. Various sites were offered for the location of the school in answer to advertisements. Savannah was chosen as the most desirable site for the college. Eighty-five acres of land were acquired by purchase and donation, of which thirty-five were set aside for the campus and the remainder for the college farm. 'l'he school opened in October, 1891, with acnommodations for forty students. The attendance during the first year was forty-two. This year it has commenced with thirty-six, and it is estimated that the attendance will reach eighty before the close of the year. The purpose of the school is to furnish means for the industrial education of the negro youths of the State. To carry out this purpose, a faculty has been selected and an equipment provided for instruction in the mechanic arts, in the natural sciences, in farm work, in mathematics, and in English gram- 46 .JoeRXAI, OF THE SENATE. mar and literature. The faculty is composed entire]y of colored men, and has proved itself very efficient and able. It is as follows: R. R. Wright, President, instructor in English. D. C. Suggs, Instructor in Nat ural Sciences. F. E. Cobb, Instructor in Mathematics. Albert A. Ashton, Instructor in Mechanic Arts. Robert H. Thomas, Foreman of Farm. James M. Simms, Proctor. T. J. Davis, M.D., College Physician. L. B. Maxwell, Occasional Instructor. 'fhe Chairman of the Local Board of Trustees, Ron. P. W. Meldrim, in a brief report to this office, states that the receipts of the institution for the past year from all sources, subscriptions from the city of Savannah and donations by the State and the United States, amounted to $~1,624.82; of which $28,822.21 has been expended in putting buildings in good order for school purposes, in the purchase of land, and in the ordinary expenses of conducting such an institution. There is on hand a balance of $2,S02.61. Mr. Meldrim and his associates on the Board of Trustees deserve the highest praise for the unselfish, public-spirited and untiring efforts they have made in the establishment and proper maintenance of this school. SUPRE~1E COURT. The State is rapidly growing in all its interests, and the additional work put upon the different departments has increased accordingly. I respectfully recommend a thorough investigation of all the Departments of State, with a view to properly adjusting the working force to the demands made by the State. THURSDAY, OcTOBER 27, 1892. 47 I call especial attention to the increased labor put upon the judges of the Supreme Court of this State. , 'This court was organized about forty-five years ago with t.he present number of judges. At the beginning, the cases decided. in a year did not reach one hundred ; last year 635 cases were disposed of. Then, r the meeting of the two Houses in joint session. Whereupon the Senate, in a body, repaired to the Hall of Representatives and was received by the House of Representatives. 5 58 JoURNAL OF THE SENATE. The President took the chair and called the General Assembly to order. The business of opening and declaring the votes was resumed and completed. On casting up the votes for Governor it appeared that Ron. W. J. Northen had received 140,492, and Ron. W. L. Peek had received 68,990 votes. The President declared that the Ron. W. J. N orthen having received a majority of the votes cast, viz., a majority of 71,502, he was duly elected Governor of the State of Georgia for the next ensuing term. ']'he Ron. Philip Cook received for the office of Secretary of State 134,830 votes and Ron. -. -. Gorman received 69,245 votes. The majority of Ron. Philip Cook being 65,o85, he was declared by the President duly elected Secretary of State for the ensuing term. The Ron. William A. Wright received for the office of Comptroller-General 136,090 votes and -. -. Ivey, Esq., received 67,620. The Ron. Wm. A. Wright's majority was 68,470. He was declared by the President duly elected Comptroller-General for the ensuing term. The Ron. Robert U. Hardeman received 135,443 votes for the office of Treasurer, and Dr.-.-. Ware received 68,541 votes. The majority of Ron. Robert U. Hardeman was 66,902. He was declared by the President duly elected Treasurer of the State of G_eorgia for the ensuing term. The Ron. J. N. Terrell received for the office of Attorney-G~neral 135,333 votes, and - . -.,Mahaffy, FRIDAY, OCTOBER 28, 1892. 59 -Esq., rec-eived 68,003 votes. The Hon. J. N. Terrell had a majority of 67,330 votes and was by the President declared duly elected Attorney-General of the State of Georgia for the ensuing term. It appeared that the Ron. R. T. Nesbitt received for the office of Commissioner of Agriculture 134,842 votes, and James Barrett, Esq., received 68,436 votes. The majority of Ron. R. T. Nesbitt was 66,406, and he was declared duly elected Commissioner of Agri-culture of the State of Georgia for the ensuing term. 'l'he President. announced that the business for which the joint session had been convened was completed. Wher~upon, on motion of Mr. Harrison, of the county of Quitman, the General Assembly was dis-solved. The Senate returned to the Senate Chamber, and being called to order by the President, adjourned, on motion, untillO o'clock A. 111. to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, Friday, October 28, 1892, 10 O'clock A. l\L 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 can of the roll the following Senators answered to their names : ' 60 JOURNAL OF THE SENATE. Blalock, Chambers, Corput, Crawford, Daley, Davis, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Jones, :Mc.Afee, Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. The J ourna.l was read and approved. Leave of absence was granted Mr. Dennard on account of death in his family. The Ron. Reuben Jones, Senator of the Ninth District, took the oath of office, which w:i.s administered by the President. By resolutiol\,. of Mr. Hackett, the Ron. J. A. McCamy was invited to a seat in the Senate. A like courtesy was, by resolution of Mr McAfee, extended to the Ron. B. I<'. Perry and the Ron. John D. Attaway. On the call of the roll for the introduction of new matter the following bills were introduced, read the first time and referred as respectively indicated, towit: By Mr. McAfee- A bill to repeal an act to provide for a Board of Equalization of real and personal property subject to taxation, and for other purposes. Referred to the General Judiciary Committee. FRIDAY, OcTOBER 28, 1892. 61 By Mr. Reaves-'- A. bill to repeal an act to provide f,or a Board of Equalization of re.al and personal property subject to taxation, and for other purposes. Referred to the General Judiciary Committee. By Mr. Robbe- :A bill to amend section 7 of an act to provide for the better organization, government and discipline of the volunteer troops of this State, etc., so as to enable the commanding officer of a battalion to appoint, in his discretion, a chaplain of said battalion. Referred to Committee on Military Affairs. By Mr. Smith of the Thirty-fourth District- A bill to establish new terms and regulate the practice of returning and trying cases in the City Court of Atlanta, and to amend the act establishing said court, passed December 15, 1871, and acts .amendatory thereof, and for other purposes. Referred to Special Judiciary Committee. Mr. Hackett offered the following joint resolution, which was taken up, read, agreed to and ordered to be immediately transmitted to the House, to-wit : Resolved, 'fhat so much of the Governor's Message as relates to pensions of the widows of Confederate soidiers be referred to a Special Joint Committee' of three from the Senate and five from the House, and that sa.id com'mittee report by bill or otherwise at an early day, said committee to be appointe, Matthews, Monk, Moore, Person~, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist.; Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson:of 11th Dist., Wilson of 13th Dist-, Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., :Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals reported the Journal of Saturday correct. The Journal was read and confirmed. Mr. Smith, of the Fifteenth District, announced the presence of the Hon. G. S. Johnson, Senator-elect from the Seventeenth District. By request of the President Mr. Johnson presented himself and took the oath of office. 'l'he following message was received from the House through Mr. Hardin, the Clerk : .Mr. President: The House refuses to. concur in the Senate amendment to the joint resolution of the House convening the GenE>ral Assembly in joint session at 10 A. M. on Monday, the 31st inst., for the purpose of entering upon the election of judges and solicitors-general as provided by law. On moHon of Mr. Hackett, the Senate took up the )[ONDAY, OCTOBER 31, 1892. 73 report of the Joint Committee on the officers to be ~lected by this General Assembly. The same was adopted. On motion of Mr. Reese, the action of the Senate, adopting the foregoing report, was reconsidered. Mr. Hackett moved to amend the majority report by adding after the Flint Circuit the words, "unexpired term, ending January 1, 189:3." This amendment was adopted. The President declared that the minority report was. in the nature of a proposed amendment to the majority report. On motion of Mr. Hackett. the Senate refused to adopt the minority report. The following message was received from the House through Mr. Hardin, Clerk thereof : Hr. President: The House has agreed to a joint resolution, in which the concurrence of the Senate is asked, providing for the election for a Solicitor-General for the Tallapoosa Circuit for the term of four years, beginning January 1, 1893, be held by the General Assembly along with other elections to be held on Monday, October 31, and succeeding days. The resolution mentioned in the foregoing message was taken up and read. The Senate refused to concur therein. e 7-! .JotR:\AL oF THE SE::onnard, Edwards, . Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Johnson, McAfee, )fatthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Reese, RembPrt, Robbe, Robinson, Russell, Scaife, ~irmans, Smith of 15th Dist., Smith of 19th Dist.. Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 18th Dist., Wilcox, 'Vooten, Wright of 1st Dist., Wright of 38th Di,t., )1r. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the Journal correct. The Journal was read and approved. The following message was received from the House, through Mr. Hardin, the Clerk : Mr. President : The House has agreed to the following joint resolution, in which the concurrence of the Senate is asked, to-wit: A resolution convening the General Assembly in joint session for the purpose of entering upon the election of judges d.nd solicitors-general, at 11 o'clock A.M., this day. On motion of Mr. Humphries, this resolution was taken up, read and concurred in. The Secretary was directed to communicate this action of the Senate to the House without delay. The following communication was received from TuEsn!Y, No\EMBER 1, 1R92. 77 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. 'l'he President announced the following committee to attend the funeral of the late Ron. Reuben J:i, .Jones, Senator from the Ninth District, viz. : Messrs. Wilson of the Thirteenth District, Scaife, "\Vooten, Russell and Hackett. Un_der a suspension of the Rules Mr. Chambers introduced a bill to amend paragraph 1, section 282 of the Code of Georgia, which was read the first time and referred to the General J udicia.ry Committee. At the hour of 11 o'clock A.M. the President announced that the time had arrived for the Senate to meet the House in joint session. Whereupon the Senate in a body repaired to the Representative hall, where they were received by the Bouse of Representatives standing. The President took the chair and called the Gen.eral Assembly to order. I The Secretary, by direction of the President, read ~he joint resolution by virtue of which the General Assembly was convened in joint session. 'fhe President announced that the first election was that of a Chief Justice of the Supreme Court of Georgia, and that nominations therefor were in order. /8 The Ron. Mr Fleming, of Richmond county, placed in nomination for that office the Ron. Logan E. Bleck-ley of the col-inty of Fulton. This nomination was seconded by the Hon. Mr. Marsengill of Rabun county and the Hon. Mr. Martin. of Fulton county. Upon the call of the roll and the summing up thevotes, it appeared that the Hon. Logan E. Bleckley had received 211 votes. He was, therefore, declared by the President duly elected Chief Justice of the Supreme Court of Georgia for the ensuing term of six years. The following officers were then elected, to-wit : The Bon. H. G. Lewis as Solicitor-General of theOcmulgee Circuit for the ensuing term, he having received 200 votes. 'fhe Ron. Sampson vV. Harris as Judge of the Su- perior Courts of Coweta Circuit for the ensuing term of four years, he having received 202 votes. The Ron. 'f. A. A.tkinson as Solicitor-General of the Coweta Circuit for the ensuing term of four years, he having received therefor 201 votes. :1 'I'he Hon. John J. Hmit as Solicitor-General of the Flint Circuit for the unexpired term of the Ron. Emmett Womack, resigned, he having receiv:ed therefor 201 votes. 'l'he Hon. M. W. Beck as Solicitor-General of the J1'lint Circuit for the ensuing term of four years, he, having received 202 votes. Tt:ESiut, XoYE~IBER), 189:2. The Hon. Hamilton McWhorter as .Judge of the Superior Courts of the Northern Circuit for the ensuing term of four years, he having received therefor 207 votes. The Hon. W. M. Howard as Solicitor-General of the Northern Circuit for the term of four years ensuing, he having received 113 votes, the same being a majority of the members present. On motior. of Mr. McBride, the General Assembly was dissolved to reassemble at 9:30 o'clock A. ~L tomorrow. The Senate returned to the Senate Chamber, and being called to order, Mr. Wilson, of the Thirteenth District, Chairman of the committee to attend the funeral of the late Hon. Reuben F. Jones, Senator from the Ninth District, made the following report: Mr. President: The committee appointed by the Senate to attend the funeral of the Hon. Reuben F. Jones, deceased Senator from the Ninth Senatorial District, beg leave to make the following repo::.-t : L"pon consultation with the immediate family of our deceased brother Senator, we learn that the remains will be buried in Oakland Cemetery in this city. The funeral services will be held at the First M;ethodist church, on Peachtree street, the oortege leaving the residence of Dr. Chan. Jones, the brother of the deceased, at 2 o'clock this afternoon, and reaching the church at 3 o'clock P. ~L .A.n hour will be devoted to religious services at the church, and at 4 o'clock the procession will leave the 80 .JouRXAL oF THE SENATE. church, and a few minutes later will pass the Hunter street entrance of the capitol. Your committee have agreed with our brother's family that the two Rouses of the General Assembly will appoint the proper number of pall-bearers to proceed to the residence of Dr. Chan. Jones, at No. 500 Peachtree street, and accompany the remains to the cemetery; and, as the funeral cortege passes the capitol, the members of the Senate and of the House of Representatives will join the procession and march to the cemetery. It is also expected that the Masonic fraternity will take charge of the ceremonies, in which case the pallbearers appointed by the Senate and House will act as an honorary escort. We, therefore, recommend the following joint resolution: Resolved by the. Senate, the House concurring, That the two Houses of the General Assembly will attend, in a body, the funeral of Hon. Reuben F. Jones, deceased Senator from the Ninth Senatorial District, at 3 o'clock this afternoon, Tuesday, November 1st. 2d. That a committee of five members of the Senate be appointed to act as pall-bearers, or as an honorary escort, as the occasion may require. Respectfully submitted, WM. A. WILSON, Chairman, SCAIFE, WooTEN, RUSSELL, HACKETT, Committee. 'fhe foregoing report was unanimously adopted. The President appointed as pall-bearers or honor- "JmNESI>AY, KoYEMBJm 2, li'\92. ary escort, Messrs. Scaife, Wooten, Fitzgerald, Hatcher and Pope. On motion of Mr. "\Vooten, the session was t>xtended to half past one o'clock, and on his further motion, the Senate went into executive session. Having spent some time therein, the Senate returned to open session, and on motion of Mr. Robbe, adjourned until 9:15 o'clock A. :u. to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, vVednesday, November 2,1892, 9:15 O'clock A.)[, The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. Chalmers Frazier. On the call of the roll the following Senators answered to their names : Blalock, Chambers, Corput, Crawford, Daley, l>avis, Dennard, Edwards, Fitzgerald, -Gholston, Hackett, Hatcher,'. Humphries, .Jenkins, Johnson, l\IcAfee, Matthews, Monk,: Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirman~;, Smith of 15th Dist., !;mith of 19th Dist., Smith of 34th Dist., !;mith of 41st Dist., Thompson, Whittaker, "\Vilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. .JoURNAL OF THE SEXATE. Mr. Robinson, from the Committee on Journals,_ reported the Journal correct. The Journal was then read and approved. At the hour of 9:30 o'clock A. )L, the President announced that the time had arrived for the meeting of the General Assembly in joint session. Whereupon the Senate, in a body, repaired to the hall of the 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, announcing that the unfinished business of yesterday would be resumed, the election of a Solicitor-General for the Augusta Circuit being first in order. The following officers were elected, viz.: The Ron. W. H. Davis, of the county of Burke, elected Solicitor-General of the Augusta Circuit for the ensuing term of four years. The Ron. Robert :B"'alligant as Judge of the Eastern Circuit for the ensuing term of four years. The Ron. W. \V. Frazier as Solicitor-General of the Eastern Circuit for the term of four years next ensuing. The Ron. J. L. Sweat as Judge of the Brunswick Circuit for the unexpired term caused by the resignation of the Hon. S. R. Atkinson. The Ron. W. G. Brantley as Solicitor-General of the Brunswick Circuit for .the ensuing term of four years. The Ron. Geo. F. Gober as Judge of the Blue Ridge Circuit for the ensuing term of four years. . ""EDNESDAY, NovEMBER 2, 1892. 83 The Hon. Geo. R. Brown as Solicitor-General of theBlu.e Ridge Circuit for the ensuing term of four years. The Hon. B. B. Bower as Judge of the Albany Circuit for the ensuing term of four years. The Hon. W. N. Spence as Solicitor-General of theAlbany Circuit for the ensuing term of four years. The Hon. B. D. Evans as Solicitor-General of the Middle Circuit for the ensuing term of four years. The Hon. J. M. Griggs as Solicitor-General of thePataula Circuit for the ensuing term of four years. The General Assembly was, on motion, dissolved to meet again at 3 o'clock P. -:IL 'fhe Senate returned to the Senate Chamber and was called to order by the President. The following message was received from the House, through Mr. Hardin, the Clerk : Mr. President: 'l'he House has adopted the following joint resolution in which the concurrence of the Senate is askedr to-wit: .A resolution appointing a joint committee to investigate charges reflecting upon the integrity and official character of Hon. George 1!'. Gober, Judge of the Blue Ridge Circuit. On motion of Mr. Wooten, the resolution set forth in the foregoing message was taken up, read and concurred in. .JoURNAL Qlo' THE ~ENATE. The President appointed as the committee thereunder on the part of the Senate Messrs. Woo~en, :McAfee and Hatcher. On motion of Mr. Edwards, the Senate adjourned untillO minutes of 3 o'clock P. ~r. SENATE CHA~IBER, 2:50 O'clock P. x. The Senate met pursuant to adjournment, the President presiding. On motion of Mr. Davis, the call of the roll was dispensed with. The President then announced the following as the Standing Committees of the Senate, to-wit: ON Rl'LES. THE PRESIDENT, Ex Qtficio Chairman. Robbe, -Chambers, Wilson, 11th, Wi!Ron, 13th. ON EDUCATIOX. 'Vright, 1st, J"ohnson, wilson, 13th, Thompson, HUMPHRIES, Chairman. Fitzgerald, Reese, Smith, 15tlJ, wilcox. WEDNJ<~SDAY, XoYEMBER 2, 1892. Whitaker, Rnsse11, ON PUBLIC PROPERTY. WILSON, 13th, Chairmau. Smith, 19th, Pope. .Blalock, Moore, Corput, .Johnson, ON BANKS. PERSONS, Chairman. Hatcher, Sirmans, Chambers. Reaves, Smith, 19th, ON PETITIONS. ~L~TTHEWS, Chairman. Sirmans, Wilson, 13th. Humphrie,;;, :Matthews, Daley, Gholston, Scaife, Wright, 38th, Hackett, McAfee, Reese, ON RAILROADS. JENKINS, Chairman. Davis, Persons, Corput, Rembert, Hatch-er, Crawford, Smith, 41st, Monk. .JouRXAL OF THE SF.!U.TE. ON S'fA'l'E OF THE REPCBLIC. :Matthews, Hackett, wilcox, Davis, PINSON, Chairman. Rembert, Thompson, Wri~ht, 1st, Heese. OX SPECIAL JUDICIAHY. EDwARDS, Chaitma n. Wilson, 11th, Persons, .Johnson, Chambers . Wooten, - ON PRIVILEGJ<~S AND ELEC'fiONS. Wooten, Davis, Pinson, Hatcher, DALEY, Chairman. ,Jenkin,.;, Wright, h;t, \Vi]:-;on, 11th. ON ~IILITAHY AFFAIRS. Pope, Wright, 1st, Wilson, 11th, \\rOOTEK, Chairman. Robbe, Davis, Blalock. ON 'fHE STA.TE LIBRARY. :Smith, 34th, Persons, J{eese, CHAMBERS, Chairman. ~foore, \Vhitaker, Robbe. 87 ON IM~HGRATION AND LABOR -Gholston, Persons, \Vooten, PoPE, Chaimwn. Monk, \Vhitaker, Hobinson. OX ACADEMY FOR THE BLIXD. Smith, 19th, Reaves, Smith, 41st, '\VRWHT, 38th, Chairman. Smith, 15th, Robbe, Russell. OX THE LUNATIC' ASYLUM. vVILSOX, V~th, Chairman. \Vright, 38th, -Jenkins, Hussell, Sitmans, -Smith, 15th, ~[atthews, "Wilcox, Scaife, McAfee, Dennanl, Wright, 1st, Hatcher. C01put, OX AUJJITING. SIRMANS, Chairman. Edwards. Russell, Humphties, ON PRINTIN.G. RoBINSON, Chaitman. Smith, 41st, Hatcher. 88 .}ol.lRNAL OF THE SENATE. Fitzgerald, Blalock, ON .NGROS8ING. JOHNSON, Chairman. Daley, Pove. ON HALLS A~D ROO~iS. Dennard, Reaves, Smith, 34th, ScAIFE, Chairman, Gholston, Crawford, \Vright, 38th. ON GENERAL JUDICIAHY. Hatcher, Davis, Daley, Scaife, Edwatds, Chambers, Smith, 34th, Johnson, HEESE, Chairman. Humphries, Wooten, Hackett, Jenkins, Pope, \Vilson, 11th, Whitaker. Smith, 34th, .Jenkins, Matthews, _Edwards, ON PUBLIC ROADS. D.nrrs, Chairman. Reese, Hatcher, Corput. 'VJmNE:o;DAY, NoYEMRER 2, 1R9:2. 89 ON PRIVILEGES OF THE FLOOR. Blalock, Johnson, WHITTAKER, Chairman. Chambers, Rembert. Chambers, Sirmans, ON MANUFACTURES. BLALOCK, Chairman. Dennard, Wilson, 13th. ON MINES AND MINING. Robinson, Smith, 41st, :VlcAFEE, Chairman. Hem b e r t , Reaves. ON AGRICULTURE. Gholston, Crawford, Monk, Wilson, 13th, Russell, Smith, 19th, Thompson, FITZGERALD, Chairman. Corput, McAfee, Reaves, Rembert, Sirmans, Smith, 41st. ON INTERNAL IMPROVEMENTS. Humphries, Fitzgerald, 7 HATCHER, Chairman. Chambers, Wilson, 13th. 90 Jot'RNAL OF THE ~EXATE. OX TBMPERAXCE. Robinson, Rembert, vVilson, l~th, Hackett, \VRIGHT, 1:-;t, Chairman. Gholston, \Vii cox, Corpnt. OX PUBLIC SCHOOLS. HoBBE, Ohaitnwn. Daley, J'lcAtee, ('orput, Robinson, Smith, 34th, Edwanls, Pin;;on, Pope, Smith, 19th, Whittaker. OX FIN AN<'E. Rohbe, Persons, Johnson, JlcAfee, Smith, 15th, Sirmans, Jionk, Wilcox, OoRPUT, Chairman . .Blalock, Fitzgerald, Moore, Smith, 19th, Pinson, Matthews, .Jenki!lS. OX ACADEMY OF TH~J DEAl!" AND DUMB. Jloore, Wright, 38th, ~lcAfee, Crawford, Wilson, 13th, Blalock, SMITH, 15th, Chaitman. \Vright, 1st, Thompson, Smith, 41st, Dennard, Pinson. .. \VED"""ESDAY, XOYEJIIHER 2, JH92. 91 Edwatds, R.obbe, OX C'ORPOI{ATIONS. SMITH, 34th, Chairman. Fitzgerald, Scaife. ON THE PBNITENTIAHY. Pinson, Fit:r.gerald, -Ghol~ton, 'Rembert, Ilobinson, :Smith, 41st, Dennard, Heave~, HACKETT, Chairman. Scaife, Moore, Thompson, Davis, Sirmaus, Corput, Smith, 15th, Crawford. On motion of Mr. Pinson, 100 copies of the Standing Committees were ordered printed f(}r the use of the 'Senate. At the hour of B o'clock P. :\f. the President announced that the time had arrived to meet the House in joint session. Whereupon the Senate in a body repaired to the Representative Hall and being there received by the House of Representatives, standing, the President took the chair and called the General Assembly to -Qrder. The unfinished business of the morning was resumed, and the following officers were elected, viz.: The Ron. R. B. Russell as Solicitor-General of t.he . .JOURNAL OF THE SENATE. .. Western Circuit for the term of four years next ensuing. The Ron. W. B. Butt as Judge of the Chattahoochee Circuit for the ensuing term of four years. 'l'he Hon. S. P. Gilbert as Solicitor-General of the chattahoochee Circuit for the ensuing term of four years. The Hon. W. H. Felton, Jr., for Solicitor-General of the Macon Circuit for the ensuing term of four years. The Hon. T. W. Milner as Judge of the Cherokee Circuit for the ensuing term of f~ur years. The General Assembly was, on motion, dissolved, to meet again at 9:30 o'clock A. ){.to-morrow. The Senate withdrew to the Senate Chamber, and being called to order by the President, adjourned, on motion of Mr. Smith, of the Thirty-fourth District, until 9 o'clock A. )l. to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, 'l'hursday, November 3, 1892, 9 O'clock A. lL The Senate met pursuant to adjournment, the President pro tem., the Hon. Mr. Wilson of the Thirteenth District, presiding. Prayer was offered by the Rev. Mr: Bryan, Representative from the county of Floyd. On the call of the roll the following Senators answered to their names: T~.uRSDAY, NovEMBER 3, 18!12 93 Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, .Jenkins, Johnson, McAfee, Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, _Reese, Rembert, Robbe, Robinson, Russell, i-lcaife, Sirmans, Smith of lf>th Dist.. Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., wilcox, Wooten, Wright of 88th Dist. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the journal correct. It was then read and eon:tirmed by the Senate. Leave of absence was granted Mr. Wilson of the 'fhirteenth District for a few days on important business. Leave of absence was granted the Ron. A. S. Clay, and Ron. H. G. Wright of the First District, for today and to-morrow. The following privileged resolution, offered by Mr. Edwards, was read and agreed to: Owing to the fact that it is important that the General Assembly should conclude it labors in the elec tion of judges and solicitors-general as early as possible: Resolved, That the memorial exercises appointed for 10 o'clock A. M. to-day in honor of our deceased comrade, the Ron. Reuben Jones, be postponed until Friday, the 11th instant, at 11 olclock A. ~r. Under a suspension of the rules the following bills 94 .JorRNAL OF THE SENATE. were introduced, read the first time and referred as respectively indicated: By Mr. Jenkins- A bill to repeal an act to amend section 1455 of the Code of Georgia of 1882. Referred to the Genera.! .Judiciar,r Committee. Hy Mr. McAfee- A bill to amend an act to amend an act, approved October 24, 1887, entitled an act to carry into effect the first clause of article 7, section 1, paragraph 1 of the Constitution of 1877, and the amendments thereto. Referred to the General Judiciary Committee. Also, by Mr. McAfee- A bill to amend an act to allow pensions to certain Confederate widows, and for other purposes. Referred to the General .Judiciary Committee. By Mr. Wooten- A bill to amend the charter of the city of Albany; to create a Boa.rd of vVater Commissioners, defining their powers and duties, and for other purposes. Referred to the Committee on Corporations. By Mr. Corput- A bill to appropriate the sum of $20,000 to the Georgia Institute for the Deaf and Dumb, to be used for material improvements, etc. Referred to the Committee on Finance. THURSDAY, XOY:tniBER 3, 1R!l2. 95 Also, by Mr. Corput- A bill to change the name of the Georgia Institution ~or the Education of the Deaf and Dumb. Referred to the Committee on the Deaf and Dumb Institute. By Mr. Matthews- A bill to carry into ~ffect section 5, paragraph 1 of article 8 of the Constitution of Georgia. Referred to the General .Judiciary Committee. By :Nir. Smith of t.he Thirty-fourth District- A bill to extend the powers of the Railroad Commissioners so as to give them power tQ regulate charges by telegraph companies for services or-toll; to regulate charges of telephone companies for the transmission of messages by telephone and charges for service or toll by persons engaged in the business 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 telephone, and make the penalties prescribed against railroads for violation of 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. Referred to the Committee on Corporations. By Mr. Smith of the Fifte~nth District- A bill to fix and prescribe a uniform system of text books and reference books to be used in the common schools of this State, and to prescribe how said books shall be selected. Referred to the Committee on Education. 96 .JouRNAL oF TH-"~ SENATE. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The following committee has been appointed on the part of the House under the joint re'solution to investigate charges reflecting upon the integrity and official character of Hon. George II'. G-ober, Judge of the Blue Ridge Circuit, to-wit : Mozely, Bacon, Hill of Meriwether, Rankin, Battle. At the hour of 9 o'clock A. ). the President pro tem. announced that the hour had arrived to meet the House in joint session. W.hereupon the Senate in a body repaired to the Representative Hall, and being received by the House of Representatives standing, the President pro tem. took the chair and called the General Assembly to order.- The unfinished business of yesterday was resumed. The following officers were elected, viz.: The Ron. A. W. Pite as Solicitor-General of the Cherokee Circuit for the term of four years ensuing. The Hon. W. H. Fish as Judge of the 8outhwestern Circuit for the ensuing term of four years. The Hon. C. B. Hudson as Solicitor-General of the Southwestern Circuit for the term of four years ensuing. The Ron. Marshall J. Clarke as Judge of the Atlanta Circuit fo1 the ~msuing term of four years. THt;RSDAY, NOYEMBER 3, 1H!l2. 97 The Ron. Charles D. Hill as Solicitor-General of the Atlanta Circuit for the ensuing term of four years. The Hon. Henry B. Peeples as Solicitor-General of the Southwestern Circuit for the unexpired term. The Ron. Henry B. Peeples as Solicitor-General of the Southwestern Circuit for the ensuing full term of four years. The Hon. C. C. Smith as Judge of the Oconee Circuit for the ensuing term of f-our years. The Ron. "\V. M. Henry as Judge of the Rome Circuit for the unexpired term of the Ron. John \V. Maddox, resigned. The Ron. W. J. Nunnally as Solicitor-General of the Rome Circuit' for the ensuing term of four years. 'l'he Ron. Richard H. Clark as .Judge of the Stone Mountain Circuit for the ensuing term of four years. The Ron. John S. Candler as Solicitor-General of the Stone Mountain Circuit for the ensuing term of four years.. The joint session was, on motion, dissolved. The Senate returned to the Senate Chamber, and was called to order by the President pro tern. By permission of the Senate Mr. Corput withdrew the bill offered by him this day, to appropriate the sum of $20,000 for the material improvement of the Institute for the Deaf and Dumb. On motion of Mr. Scaife, the Senate adjourned untillO o'clock A.M. to-morrow. !18 .JOL'R!'i.\L O:F THE Rf~!S'ATE. SJt::NATE CHA111HER, ATLANTA, GEOJWIA, Friday, November 4, 1892, 10 O'clock A. ~L The Senate met pursuant to adjournment, the President presiding. Prayer was offered by the Hon. C. vV. Smith, Sena- tor from the Thirty-fourth District. On the call of the roll the following Senators answered to their names : Chambers, Corput, Crawford, Daley, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphr.iel'l, Johnson, )[cAfee, }latthewl!, }lonk, .:V[oore, Person~, Pinson, Pope; Heaves, Reese, Rembert, Kohbe, Rol:>inson, Russell, ~caife, :-'mith of 15th Vist., Smith of 1\Jth Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, ~Vilson of llth Dist., Wilson of 13th lli8t., Wilcox, Wooten, Wright of 3Hth Dist., 1lr. Pre8ident. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the .Journal correct. It was then read and confirmed by the Senate. The following message was received from the House through 1\fr. Hardin, the Clerk : Mr. President: The House has adopted the following joint resolution, in which the concurrence of the Senate is asked) to-wit: A resolution that the General Assembly take a re- FRID.-\Y, :XoYJ<~)!RER 4, 1H9:2. 99~ cess for the 6th, 7th, 8th and 9th of November, in, order that the members of both houses may return to their homes and vote in the national election,. which is to be held on Tuesday, November 8th, and that it shall reconvene on November the lOth at 10 o'clock A. :\1. On motion of Mr. Humphries, the foregoing resolution was taken up, read and concurred in. Leave of absence was granted Mr. Thompson for a few days, and to Mr. Smith of the Fifteenth District for to-morrow. On the call of the roll the following bills were introduced, read the first time and referred as respectively indicated : By Mr. ChambersA bill to amendsection 1496 of the Code of Georgia. Referred to the General Judiciary Committee. By Mr. Daley- A bill to provide a general registration law for the State of Georgia. Referred to the General Judiciary Committee. By Mr. Edwards- A bill to amend section 3971 of the Code of 1882,.. and for other purposes. Referred to General Judiciary Committee. Also, by Mr. EdwardsA bill to amend section 3972 of the Code, etc. Referred to the General Judiciary Committee. 100 .JoeRNAL oF rHE SENATE. By Mr. Smith of the Thirty-fourth District- A bill to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sundays in certain cases herein specified, approved February 25,1876. Referred to the Committee on Railroads. Mr. Smith, of the Nineteenth District, introduced a memorial of C. R. Ramsey, Esq., contestant for the seat of the Hon. Milton P. Reese, Senator from the 'fwenty-ninth District. Read and referred to the Committee on Privileges and Elections. Leave of absence was granted Mr. Corput, Mr. Wilson of the Eleventh District, Mr. Pope of the 'fwenty-second District and Mr. Hatcher. 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 communieation in writing, with accompanying document. On motion of Mr. Daley, the message of the Gm-ernor was taken up and read. It is as follows : ExECUTIVE DEPART~IRNT, Atlanta, Ga., November 3, 1891. To tke General Assembly : I have the honor to transmit the accompanying special report of the Ron. Wm. A. Little as Attorney- SATURDAY, ~0\.EMBER 5, 1892. 101 General, made in obedience to the joint res~ution of the General Assembly, approved October 19, 1891, requiring the Attorney-General to investigate and report the status of certain bonds, mentioned in a bill before the last General Assembly, and known as a substitute for House bills numbers 626 and 627. It will be seen by this report that, in the opinion of the Attorney-General, all of the bonds referred to are legal and binding obligations of the State. I respectfully refer the report and the important question involved therein to the General Assembly for action. W. J. N ORTHEN. On motion of Mr. Wooten, the bill to amend the charter of the city of Albany, referr~d yesterday to the Committee on Corporations, was withdrawn from the committee, and, after being read the second time, wa~ recommitted to the Committee on Corporations. 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, Saturday, November 5, 1892, 10 O'clock .A. 3f. 1'he Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. Mr. Parks. On motion of Mr. Blalock, the call of the roll was dispensed with. 102 .JOURNAL 01<' THE SENATE. The foUowiug Senators were granted leave of ab-sence, viz. : Messrs. Edwards, Sirmans, Wright of the Thirty. eighth District, Johnston, Reese, Fitzgerald, Monk, Scaife, Chambers. Mr. Robinson, Chairm~n p1o tem. of the Committee -on Journals, reported the Journal correct. It was then read and approved by the Senate. The following communication was received from his Excellency, the Governor,. through Mr. Warren, his Secretary, to-wit : Mr. Pre.Yident : I am directed by the Governor to deliver to the Sen.-ate a communication in writing with accompanying document. On motion of Mr. Hackett, the following message was taken up and read : EXECU1'IVE D:EPART~lENT, Atlanta, Ga., November 5, 1892. To the General A.'lsembly : I have the honor to transmit herewith a communi- ~ation from Hon. W. R. Hammond, a member of the Commission on the School for Colored Students under the patronage of the State, located at Savannah, Ga. I trust it may be the pleasure of the General Assembly to comply with the request in said communication re- ferred to. W. J. N ORTHEN. The following is the communication mentioned in .the forego~:rig message, to-wit : SATUHDAY, N"OYE'IlBE It 5, 18\12. 1(;3 ATI.ANTA, GA., November 3, 1892. His Excellency, W. .T. Nortlwn, Gove1nor of Geor{lia : DEAR SIR-At a meeting of the Commission on the School for Colored Students, appointed by your Ex- cellency under the act of the General Assembly, ap- proved November 26, 1890, held in Savannah on the 2d instant, a resolution was passed requesting the General Assembly now in session to send a committee from their body to visit said school, located at Sa- vannah, and make such report thereon as they might deem proper; and I was requested, as a member of that commission, to convey to your Excellency the information that such resolution had been passed. Hoping that you may see fit to make some recom- mendation thereon to the General Assembly at an -early day, I am Respectfully, Your obedient servant, W. R. HAMMOND. The foregoing message and letter of Hon. W. R. Hammond were referred to the Committee on Education. Mr. Wooten, Chairman of the Committee on Military Affairs, submitted the following report: Mr. Pres.ident: Your Committee on Military Affairs beg leave to_ report that they have had under consideration the following bill, which they recommend do pass, to-wit : A bill to be entitled an act to amend section 7 -of an act to provide for the better organization, gov.ernment and discipli~e of the voluntee! troops of this .State, etc., so as to enable the commanqing officer of 104 .JOURXAL OF THE SENATE. a battalion to appoint in his discretion a chaplain of said battalion. Respectfully submitted. W. E. Woo'rEN, Chairman. Mr. Robbe, Chairman pro tem. of t.he Committee on Rules, submitted the following report : Mr. President: , 'fhe Committee on Rules beg leave to make the following report : We have carefully read the former rules adopted by the Senate in 1890, these rules having been carefully prepared by Ron. Louis F. Garrard, former Speaker of the House, and have been in constant use since 1884.. We see no reason why there should be any material changes made in them. We, therefore, recommend their adoption with this addition, that the following committees be added to the list of committees: Committees on Manufactures and Public Roads. We attach hereto Exhibit A, containing a copy of the rules, which we recommend be adopted. We also recommend that these rules be published in book form, giving at the same time a list of the committees, the name of each Senator, his district and postoffice ; also, names and postoffices of all the officers of the Senate. Respectfully submitted. C. A. RoBBE of 18th Dist., Chairman pro tem. The foregoing repo.rt was adopted, and 200 copies SA.ruRDAY, NoYEMBER 5, 1892. of the rules weJ,"e ordered to be printed for the use of the Senate. Under a suspension of the rules the following bills were introduced, read the first time and referred as respectively indicated, to-wit : By Mr. Clay, the President- A bill to define the elementary branches of an . English education, as used in paragraph 1, section 1, article 8 of the Constitution of this State ; the pupils entitled to receive the benefit of the State Fund; the examination of applicants for teachers' places in the common schools of this State, and for other purposes. Referred to the Committee on Public Schools. By Mr. Wooten- A bill to amend an act 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, approved August 11, 1891, by providing for an additional Major, an Inspector of rifle practice, and conferring the rank of Jl,irst Lieutenant on the Chaplain of said regiment. Referred to the Committee on Military Affairs. The following communication was submitted to the Senate by the President and read by the Secretary, to-wit: ~iTLANTA, GA., November 5,1892. To tke Members of tke Gene'ral Assembly: The Journal has rented DeGive's Opera House for next 1'uesday evening, November 8, for the pur- 8 .Jol!RNAL OF THI!: SENATE. pose of. receiving and displaying the returns from the presidential election, perhaps the most important election ever known in the history of the American people. The members of the Senate and House of Repre- sentatives are cordially invited to be present on that occasion, and seats will be reserved for them. The Journal will appreciate it if all who desire reserved seats will notify the Journal reporters who are in the Senate and House. Respectfully, H. H. CABANISS, Business Manager. On motion of Mr. Smith of the Thirt;y.fourth District, the Senate took a recess, in conformity with the provisions of a joint resolution, until 10 o'clock A. x_ 'fhursday, November lOth inst. SENATE CHAMBER, ATLANTA, GEORGIA, 'fhursday, November 10, 1892, 10 O'clock A. )f. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by Rev. Chalmers Frazier. On the call of the roll the following Senators answered to their names. Blalock, Chambers, Corput, Crawford, Dennard, Edwards, Fitzgerald, Hackett, McAfee, Matthews, Moore, Persons, Pope, Reaves, Reese, Robbe, Smitp of 15th Dist., Smith of 19th Dist., Smith of 34th Dist , Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., "rilcox, THrR:o<, Pinson, Pope, ReaYes, Reese, Rembert, Robbe, Robinson, Russell, ScaifE', Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., l\Ir. President . Mr. Fitzg6rald, Chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate. Leave of absence was granted Messrs. Robbe, Monk and McAfee until Monday morning next. Mr. Reese, Chairman of the General Judiciary Committee, 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 provide a general registration law for the .State of Georgia. Respectfully submitted, M. P. REESE, Chairman. Mr. Jenkins, Chairman Committee on Railroads, ~submitted the following report: SATURDAY, KoYEMBEK 12, 1892. 11H .Mr. President : Your committee have 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 repeal an act to authorize the running of freight trains over the Georgia Railroad on Sunday. Respectfully submitted, H. A. .JJ<:NKIN:S, Chairman. Mr. Wooten, Chairman Committee on Military Affairs, submitted the following report : Mr. President: Your committee have und~r consideration the followidg 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 enti- tled 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 iasue bonds and for other pur- poses, approved August 11, 1891, by providing for an :additiona.l Major and Inspector of rifle practice, and -conferring the rank of First Lieutenant on the Chap- lain of said regiment. - Respectfully submitted, ""\V. E. WOOTEN, Chairman." Mr. Hackett offered the following resolution, which -was read and agreed to : Resol7Jed by the Senate, That Hon. W. A. Harris, 120 JOURNAL OF THE SENATE. Secretary of the Senate, be authorized and requested to buy such number of suitable chairs as are necessary to supply the committee rooms of the Senate. The following bills were read the second time and passed to a third reading, to-wit: A bill to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sundays ; ' and A bill to amend an act to organize and incorporate the Fourth Regiment of Georgia Volunteers, etc., etc. The bill to provide a general registration law for the State of Georgia was taken up under adverse report of the General Judiciary Committee and lost by agreement with said report. The bill to amend paragraph 1, sPction 282 of the Code was taken up for a third reading and laid on the table temporarily, on motion of Mr. Edwards. The Senate took up the report of the Special Judiciary Committee on the bill to establish new terms and regular practice of returning cases and trying cases in the city court of Atlanta, and to amend the act creating said court. 'fhe report was agreed to and then reconsidered and amended on motion of Mr. Smith of the Thirtyfourth District, as follows, to-wit : By adding a section to said bill to be known as section 12. The said court shall have two regular bailiffs, who shall receive for their services six hundred dollars per annum each, instead of the per diem of two dollars now provided by law ; such other SA'rURJJAY, NovEMBER 12, 1892. 121 bailiffs may be employed as shall be deemed necessary by the judges of said court, whose pay shall be as now provided by law. Also to make section 12 of the bill section 13. The report as amended was agreed to. The bill was read the third time and passed as amended by constitutional majority, there being ayes 27! nays 0, and ordered to be immediately transmitted to the House. The Senate took up the report of the General Judiciary Committee on the bill to amend section 3971 of the Code of 1882, etc. The committee reported in favor of its passage, with a.n amendment, which was agreed to. The report as amended 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 General Judiciary Committee on the bill to amend section 1496 of the Code of Georgia. The committee reported in favor of its passage, with an amendment which was adopted, and the report as amended was agreed to. The bill was read the third time and passed, as amended, by constitutional majority, there being ayes 26, nays 0. , Ou motion of Mr. Chambers, the report of the Gen- eral Judiciary Committee on the bill to amend paragraph 1, section 282 of the Code of Georgia was 9 Joua:XAJ. OF THE HEXATE. taken from the table. After discussion it was again, on motion, laid on the table. 'fhe Senate took up the report of the Committee on, the Institution for the Deaf and Dumb on the bill to change the name of the Georgia Institution for the Education of the Deaf ~nd Dumb. The report, which was favorable, was agreed to. The bill was read the third time and passed by constitutional majority, there being ayes 27, nays 0. The Senate took up the report of the General Judiciary Committee on the bill to amend section 3972 -of the Code of 1882, etc. The committee reported in favor of its passage with an amendment, which was adopted and the report agreed to. The bill was read the third time and passed, a.s, amended, by constitutional majority, there being ayes 24, nays 0. Under a suspension of the rules, Mr. Pinson introduced the following bill, which was read the first time and referred to the Committee on Railroads, towit' A bill to require railroads to post. crossings of public dirt roads. The Senate having disposed of all business on the desk of the Secretary~ adjourned, on motion, untillO o'clock A. :M. Monday next. MoNDAY, NovEMBER 14, 1892. 123 SENATE CHAMBER, ATLANTA, GEORGIA, Monday, November 14, 1892, 10 O'clock A.M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. G. B. Strickler, D. D. On the call of the roll the following Senators answered to their names : Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, .Jenkins, Johnson, McAfee, Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th l)ist., Smith of 19th Dist., Rmith of 34th .Jist. Smith of 41st Dist., Tho"mpson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., \Vilcox, \Vooten, Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the journal correct. It was then read and approved by the Senate. Leave of absence was grant-ed Messrs. Reese and Edwards for this day, to Mr. Chambers for a few days on important business, and to Mr. Wilcox on account of sickness. The followiug message was received from the House through Mr. Hardin, the Clerk: .124 JOuRNAL OF THE SENATE. Jffr. President: 'fhe House has passed by the requisite constitutional majority, the following House bills, to-wit : A bill to amend the charter of the city of Griffin so as to create a Board of Police Commissioners, and for other purposes. Also a bill to amend a charter of the city of Griffin so as to provide that a Board of Water and Light Commissioners shall be created, and for other purposes. Mr. Robbe, Chairman of the Committee on Public Schools, submitted the following report : Mr. FJesident: 'fhe committee have had under consideration the following Senate bill, which they report back, with the recommendation that the same do pass, to-wit: A bill to be entitled an act to define the elementary branches of an English education, as used in paragraph 1, section 1, article 8 of the Constitution of this State; the pupils entitlP.d to receive the benefit of the State fund ; the examination of applicants for teachers' places in the common schools of this State, and for other purposes. Respectfully submitted. C. A. ROBBE, Chairman. On the call of the roll for the introduction of new matter the following bills were introduced, read the fil"st time and referred . as respectively indicated, to-wit: MoNDAY, KoYEMBER 14, 1~92. 125 By Mr. Hatcher- A bill to facilitate the collection of judgments rendered by the courts of Georgia by providing for 1iiscovery from defendants under oath, and punishment for failure to answer, and for other purposes. Referred to the General Judiciary Committee. By Mr. Smith of the Thirty-fourth District- A bill to provide for a Board of Equalization of real and personal property subject to taxation in this State. Referred to the Committee on Finance. The bill to define the elementary branches of an English education, as used in para~raph 1, section 1, article 8 of the Constitution of this State; the pupils -entitled to receive the benefit of the State fund ; the examination of applicants for teachers' places in the ~ommon schools of this State, and for other purposes, was read the second time and passed to a third reading. Mr. Robbe introduced the following privileged resolution, which was read and agreed to, to-wit: Resolved, That in addition to the committees already provided for, that a Committee on Hygiene be appointed. 'fhe following bills of the House were read the -first time and referred to the Committee on Corporations, to-wit : A bill toamend an act establishing a ,charter for the city of Griffin, adopted February 14, 1876, and .acts amendatory thereto, etc. 126 JOURNAL OF THE SENATE. .A bill to amend an act establishing a charter t() the city of Griffin, adopted February .15, 1876, and the acts amendatory thereto, so as to provide that a Board of Police Commissioners shall be created, etc. The Senate took up the report of the Committee on Railroads on the bill of the Senate to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sundays.. The report, which was favorable, 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 Military Affairs on the bill to amend section 7 of an act to provide for the better organization, government and discipline of the volunteer troops of this State, etc., so as to enable the commanding officer of a battalion to appoint, in his discretion, a Chaplain of said battalion. The report, which w~s favorable, 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 Military Affairs on the bill to be entitled an act to amend 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, approved August 11, 1891, by providing for an additional Major and Inspector of rifle practice and conferring the rank of First Lieutenant on the Chaplain of said regiment. TuESDAY, NoYEMBER 15, 1892. 127 The report, which was favorable, was agreed to. The bill was read the third time and passed by const~tutional majority, there being ayes 27, nays 1. 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, Tuesday, November 15, 1892, 10 O'clock A. :M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. Uhalmers Frazier. On the call of the roll the following Senators answered to their names: Blalock, Chambers, Corput, Daley, Davis, Dennard, Edwards, Fitz~?:erald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Johnson, ~IcAfee, Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th, Dist., Smith of 19th Dist., Smith of 34th Dist. Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wo0ten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Robinson, Chairman pro tem. of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate. 1:28 .JotTRNAL OF THE 8EXATE. The following message was received from the House through Mr. Hardin, the Clerk: Mr. President: The House has passed the following House bills by the requisite constitutional majority, to-wit : A bill to establish new terms and regulate the practice of returning and trying cases in the City Court of Atlanta, Georgia, and to amend the act establishing said court, passP.d December 15, 1871, and acts amendatory thereof, and for other purposes. Also, a bill to authorize and empower the Governor of tbe State of Georgia and the Commissioners of Roads and Revenues of Baldwin county to exchange and convey one acre lots of land in the city of Milledgeville in the square upon which the Georgia Normal and Industrial College is located. Also, a bill to amend an act to create and organize commissioners of Chatham county who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes, by providing that the appointments by the Governor shall be of citizens recommended by the grand juries of the Superior Court of said county, and for other purposes, by providing for the election of said commissioners by the qualified voters of said county, and for other purposes. The House has also adopted the following joint resolution in which the concurrence of the Senate is asked, to-wit : A resolution that a Joint Committee consistipg of five from the House and three from the Senate be appointed to examine the Convict Lease act of 1876, TuESDAY, XoYEMRER 15, 1R92. 12!) as to whether said lease bas not been violated, and report by bill or otherwise. Mr. Humphries, Chairman of the Committee on Education, submitted the following report : Mr. President: Your Committee on Education, to whom was referred a bill to carry into effect section 5, paragraph 1, article 8 of the Constitution of this State, beg l~ave to report that the same do not pass. Respectfully submitted. W. S. HuJIPHRIEs, Chairman. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report, to-wit : Mr. President: Your committee have had under consideration the following Senate bill which they instruct me to report back, with the recommendation that the same do not pass, to-wit: A bill to repeal an act approved October 19, 1891, changing the manner of selecting Commissioners of Roads and Revenues of the State, in counties where the same are now elected by the qualified voters of said counties, and for other purposes. Also, a bill to create a Board of Commissioners for the city of Darien, etc., which they instruct me to report back, with the recommendation that the same be referred to the Special Judiciary Committee. Also, a bill to amend an act to create a Board of Commissioners for the county of Mcintosh and the 130 JoURNAL OF THE SENATE. city of Darien, etc., which they instruct me to report back with the recommendation that the same be re ferred to the Special Judiciary Committee. Your committee recommend that Senator Persons of the Twenty-fifth District be added to the General Judiciary Committee. Respectfully submitted. M.P. REESE, Chairman. The Senate adopted the foregoing Teport, adding Mr. Persons to the GeneralJudiciary Committee. The President announced the following as the Committee on Hygiene, viz.: Messrs. Robbe, Chairman, Wright of the Thirty-eighth District, Smith of the Fifteenth District, Humphries, Robinson, Russell, Wright of the li'irst District, Wooten. On motion of Mr. Wright of the First District the . Senate took up the report of the Special Judiciary Committee on the bill to repeal an act approved October 5, 1885, to amend an act to establish a County Court for the county of Effingham. 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 30, nays 0. Under a further suspension of the rules the Senate took up the report of the General Judiciary Committee on the bill of the Senate to repeal an act approved August 14, 1891, entitled an act to prmride a Board of Tt.:ESDAY, NovEMBER 15, 189:2. 131. Equalization of real and personal property subject to taxation 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 2J, nays 0. The following bills, which were referred to the General Judiciary, were taken up under report of said committee and transferred to the committ~e on the Special Judiciary, to-wit: A bill to create a Board of Commissioners for the city of Darien, etc. And a bill to amend an act to create a Board of Commissioners for the county of Mcintosh, and the city of Darien, etc. The following bills adversely reported by committees were taken up and lost by agreement with said reports, to-wit: A. bill to carry into effect section 5, paragraph 1, article 8 of the Constitution of Georgia. And a bill to repeal an act approved October 19, 1891, changing 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 following bil1s of the House were read the first time and referred as respectively indicated, to- wit: ' A bill to establish new terms and regulate the practice of returning and trying cases in the City Court 132 .}Ol'RNAL OF THE SF.NA'l'E. of Atlanta, Georgia, and to amend the act establishing said court, passed December 15, 187L, and acts amendatory thereof, and for other purposes. Referred to the General Judiciary Committee. A bill to authorize and empower the Governor of the State of Georgia and the Commissioners of Roads and Revenue of Baldwin county in said State to exchange and convey one acre lots of land in the city of MHledgeville in square upon which the GeorgiaNormal p.nd Industrial College is located. Referred to the Committee on Finance. A. bill to amend an act entitled an act to amend an act approved Februa.ry 21, 1873, to create and organize ~ommissioners of Chatham county who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes, by providing that the appointments by the Governor shall be of citizens recommended by the grand juries of the Superior Court of said county, and for other purposes, by providing for the election of said commissioners by the qualified voters of said county, and for other purposes. Referred to the Special J udiciaryCommittee. A joint resolution from the House providing a Joint Committee to examine and report on the Convict Lease act of 1876. Read and referred to the General Judiciary Committee, The Senate took up the report of the Committee on Public Schools on the bill to define the elementary branches of an English education as used in para.g~aph 1, -section 1, article 8 of the Constitution, etc., TuEsDAY, NovEMBER 1:'5, 1892. 133 and for other purposes. After discussion this bill was recommitted to the Committee on Public Schools and one hundred copies of the same were ordered to be printed for the use of the Senate.. Under a suspension of the rules, the following bills were introduced, read the first time and referred as respectively indicat~d, to-wit: By Mr. Whittaker- ~-\ bill to prohibit a'ny and all persons from trading with, hiring, harboring or in any way contracting with a minor child or children, without the written consent of parents or guardian, and for other purposes. Referred to the General Judiciary Committee. By Mr. Robbe- Abill to define an act approved l!'ebruary 23, 1876, entitled an act to define and regulate the practice and mode of trial in certain chancery cases in this State, and for other purposes so as to make it apply to all civil courts of record in this State. Referred. to the General Judiciary Committee. Also, by Mr. Robbe- A bill to amend an act to regulate the trial of civil cases in Courts of Records of this State, and for other purposes. Referred to the General Judiciary Committee. By Mr. Edwards- . A bill to amend section 39 of the Common School Laws of Georgia which is an act entitled an act to 134 .JoURNAL OF THE SENATE. revise and consolidate the Common School Laws, and 1or other purposes approved October 27, 1887. Referred to the Committee on Public Schools. By Mr. Sirmans, by request- A bill to amend an act to regulate the business of insurance in this State, and .for other purposes, approved October 21, 1887. Referred to the Committee on Finance. The.Hon. A. B. Stevens was tP.ndered 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. SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, November 16, 1892, 10 O'clock A. M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. Chalmers Frazier. On the call of the roll the following Senators answered to their names : Blalock, Chambers, Corput, Crawford, Daley, Davis; Dennard, Edwards, McAfee, Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Diet.. Wilson of 13th Di!lt., WRD~ESDAY, XOYE!IIBER 16, 1892. 135 1-'itzgerald, -Gholston, -Hackett, Hat:eher, Humphries, -Jenkins, Johnson, Reese, Rembert, Robbe, Robinson, Russell, ~caife, Sirmans, Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Committee on Journals reported ~he Journal correct. It was then read and confirmed by the Senate. The following distinguished citizens were invited ~o seats in the Senate Chamber, to-wit : Mr. E. B. Russell of Cedartown, 0. K. Jones, Charles Slaton, Dan Denmark, B. W. Bentley, Ron. D. R. Groolter of . Bulloch county, Dr. A. A. Smith, Col. E. A. Smith, Ron. J. S. Tyson, Mr. Speer of Americus, and R. A. Wilcox of Wilcox county. By request of Mr. Hackett, as Chairman of the .Committee on Penitentiary, Mr. 'Vright of the First was added to that committee. On motion of Mr. Hackett, leave of absence was ,granted the Committee on the Penitentiary after Thursday afternoon. On motion of Mr. Smith of the Fifteenth District, 'leave of absence was granted the Committee on the Deaf and Dumb Institute after Thursday (to-morrow).. Leave of absence was granted Mr. Corput for the same period to enable him to be present with the Committ!3e on the Deaf and Dumb Institute during their visit to the said institute. The following message was received from the House lthrol}gh Mr. Hardin, the Clerk : 1~6 JoURNAL OF .rHE ~E"ATE. Mr. President: The House has passed by. the requisite constitutional majority, the following House bills, to-wit : A. bill to repeal an act entitled an act to change the manner of electing Commissioners of Roads and Revenues in counties of the State where the same are now elected by the qualified voters of said counties, and for other purposes, approved October 19, 1891. A.lso, a bill to amend an act to charter the city of West End, of Fuiton county, Georgia, approved November 1, 1889. The House has also adopted the following joint resolutions in which the concurrence of the Senate is asked, to-wit: A resolution requesting our Senators and Representatives in Congress to use their best efforts to secure the repeal of the ten per cent. tax on State banks. Also a resolution inviting capital, etc., to Atlanta. 'fhe House has also passed the following Senate bill by the requisite constitutional majority, to-wit: ~bill to amend the charter of the city of Albany, to create a Board of Water Commissioners, defining their powers and duties, and for other purposes. Mr. Edwards, Chairman of the Special Judiciary Committee, submitted the following report: Mr. President: The Committee on Sp.ecial. Judiciary have had WJindicated, to-wit : 1Jy Mr. Daley- ..A. bill _to amend an act tq define the offence of 156 .JOURNAL OF THE SENATE. blackmailing, to prescribe a penalty therefor, and forother purposes, approved October 3, 1887. Referred to the General Judiciary Committee. By Mr. Smith of the Thirty-fourth District- A bill to provide that in all the public schools of this State the Bible shall be read as part of the school exercises, daily, and no county, city or other municipal corporation shall be entitled to share in the Public School Fund unless the law is complied with, and for other purposes. Referred to the Committee on Public Schools. By Mr. Wooten- A bill to provide for the examination of persons elected to or nominated for any commissioned o:fficf"" in the volunteer forces of this State, and for otherpurposes. Referred to the Committee on Military Affairs. By Mr. Clay- A bill to so amend the new charter of Atlanta and amendatory acts as to provide that the Mayor and General Council of said city may regulate the opening and closing of wholesale and retail liquor houses in said city on election days whether for State, county or mun.icipal elActions including primary elections. Referred to the Committee on Corporations. Also, by Mr. Clay- A bill to amend the charter of Atlanta so as to authorize the Mayor and General Council to regulate FRIDAY, NovEMBER 18, 1892. 157 the business of gas companies, etc., and for other -purposes. Referred to the Committee on Corporations. The Senate having disposed of all business on the -desk of the Secretary, adjourned, on motion until 10 <>'clock A.M. to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, Friday, November lt:!, 1892, .10 O'clock A: M. The Senate met pursuant to adjournment; the Presi-dent in the chair. Prayer was offered by Rev. Mr. Cook in t"he absence of the Chaplain. On motion of Mr. Reese, the roll call was dispensed with. Mr. Wilcox, Chairman pro tem. of the Committee -<>n Journals, reported the Journal correct. It was then read and confirmed by the -Senate. Leave of absence for Monday next was granted Messrs. Edwards, Daley, Wilson of the Eleventh ~istrict, and Dennard. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report : Mr. President: Your committee have had under consideration the 1ollowing House bill which they instruct me to report 1-58 JOI:RXAL OF THE 8EXATE.. back, with the recommendation that the same do pass as amended, to-wit : A bill to repeal an act entitled an act to change the manner of selecting Commissioners of Roads and Revenues in counties of the State where the same are now elected by the qualified voters of said counties,and for other purposes, approved October 19, 1891,. and for other purposes. Respectfully submitted. M. P. REESE, Chairman. The foUowing message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has passed, by the requisHe consti- tutional majority, the following House bills, to-wit : A bill to be entitled an act to amend an act entitled an act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890, so as to change the amount of the annual pension, and for other purposes. Also, a bill to be entitled an act to amend the regisJ tration law of Mcintosh county. Also, a bill to amend an act approved August 29, 1885, entitled an act to provide for the registration of voters to vote at municipal elections in the city of Savannah, and for other purposes. On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time and referred to the General Judiciary Committee, to-wit : :FRIDAY, Non;:HBER 18, 1H92. 15!1 By Mr. Johnson- A bill to provide for the payment of fines in bastardy cases to the Ordinary of the county, and for other purposes. Mr. Robb, Chairman Finance Committee, submitted the following report : Mr. President: Your committee haw>. had under consideration the following House bill, which they instruct me to report back, with the recommendation that same do pass, to-wit: A bill to be entitled an act to authorize the Governor of the State of Georgia and the Commissioners of Roads and Revenues of Baldwin county in said State to exchange and convey one acre lots of land in the city of Milledgeville, in squares, upon which the Georgia Normal and Industrial College is located. Respectfully submitted. C. A. RoBBE, Chairmap protem. The following bills of the House were read the first time and referred as indicated, to-wit : A bill to amend the registration law of Mcintosh county. Referred to the Special Judiciary Committee. A bill to amend an act approved August 29, 1885, entitled an act to provide for the registration of voters to vote at municipal elections in the city of Savannah, and for other purposes, etc. Referred to the Special Judiciary Committee. llit) JOURNAL OF THE SENATE~ A bill to amend an act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890, so as to change the amount of the annual pension, and for other purposes. 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 repeal an act to change the manner of selecting Commissioners of Roads and Revenues in counties of this State where the same are elected by the qualified voters of said counties, and for other purposes, approved October 19, 1891, and for other purposes. And, a bill to authorize and empower the Governor and the commissioners of Roads and Revenues of Baldwin county to exchange and convey one acre lots of land in the city of Milledgeville in the square upon which the Georgia Normal and Industrial College is located. The Senat9 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, :November 21, 1892, 10 O'clock A. M. The Senate met pursuant to adjournment, the Presi- dent in the chair. Prayer was offered by the Rev. G. B. Strickler, D. D. MONDAY, NOYEMBER 21, 1892. 161 On the caJl of the roll the following Senators answered to their names : Chambers, Corput, Crawford, Davis, Edwards, Gholston, Hatcher, Johnson, McAfee. Matthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Rembert, Robbe, Robinson, Russell, Scaife, Smith of 15th Dist., Smith of 34th Dist., Hmith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wright of 38th Dist., Mr. President. Mr. Robinson, Chairman pro tern. of the Committee on Journals, reported the journal correct. It was then read and confirmed by the Senate. The following message was received from the House through Mr. Hardin, the Clerk: M'r. President: The House has passed, by the requisite constitutional majority, the following House bills, to-wit: A bill to be entitled an act to change the time of holding Hancock Superior Court, and for other purposes. Also a bill to authorize the mayor and city council of Eatonton to establish and maintain a system of public schools for said city, to levy and collect a tax for the establishment and maintenance of the same, .and for other purposes. Also a bill to be entitled an act to repeal an act entitled an act to organize a county court in each of the counti~s of Calhoun, Baker, Quitman and Miller, 162 .JoURNAL OF THE SENATE. to define their jurisdiction, and for other purposes,.. approved March 2, 1874, so far as the same relates to the county of Quitman. Also a bill to fix the compensation of the members of the County Board of Education of Elbert county, to provide for the payment of the same, and for other purposes. Leave oi absence was granted Messrs. Reese and Smith of the Nineteenth District for this day, and to Messrs. Hackett and Fitzgerald for a few days on account of sickness. Mr. Smith of the Fifteenth District, Chairman of the Committee on the Institute for the Deaf and Dumb, submitted the following report : Mr. President : The Senate and House Committee on the Deaf and Dumb Institute beg to submit the following report : Our committee, consisting of Senator :::!mith of the Fifteenth District, Chairman, Wright of the Thirtyeighth District, Moore and Blalock, and Representa tives Smith of Telfair, Fulcher, Hurst, McLemore, Boyd, Furguson, Harrison of Urawford, Holbrook, Johnson of Clinch, Lumsden, Neal of Floyd, Neisler, Richards, Strickland, Sumner and Dempsey, left Atlanta on Thursday, November 17, at. 1:30 P.M., by the East Tennessee, Virginia and G-eorgia Railroad, arriving at Uave Spring at 8 o'clock the same evening. Friday was consumed by the committee in the work assigned to it. By appropriate sub-committees, each department of the institution was carefully inspected) )loNDAY, NoYEMBER 21, 1892. 16)3: and the management and practical working of thesame carefully examined. The Sub-Committee on the Examination of Booksand Vouchers of the Principal and Secretary and 'freasurer did their work carefully and well, and report that the same are kept in good order, and that aU moneys expended are accounted for by proper vouchers, examined and approved by the sub-com- mit tee. The examination extended from the date of the last examination by the legislative committee, in November, 1890, up to September J, 1892. The books of the institution show two fundsfrom which expenditures have been made. It appears that $15,000 was appropriated by the last legislature as a building fund, to which has been added $290, received from an insurance company, for insurance on building damaged hy fire. All the above fund has been properly and judiciously expended, on approved vouchers, except $35, which is now in the hands of the treasurer to the credit of the building fund. Thesupport fund is the appropriation made for the maintenance of the institution from year to year. The last legislature appropriated for fhe two years 1891 and 1892 the sum of $34,000, or $17,000 annually, for the support of the institution, the same being advanced to the treasurer quarterly, in sums of $4,250. Upon a careful examination of the treasurer's books~ and the approved vouchers of the principal and president of the board of trustees, it is found that $1,896.15 has been expended up to September 30, 1892, in excess of the appropriation made for that time. This: amount has been borrowed or drawn from the appropriation for the quarter beginning October 1, 1892, and will leave a deficiency of that amount (and possibly a little more) when the year closes. W ~ believe that the managers of the institution 1H4 JOURNAL OF THE SENATE. have exercised economy and judgment in the expend- itures of the money entrusted to them by the State. The conclusion, therefore, necessarily follows that the annual appropriation made for the last tw~ years has been inadequate to meet the growing needs of this worthy and admirably managed institution. We feel constrained to recommend that an appro- priation be made to meet the above named deficiency, and that the annual appropriation for the next year be slightly increased. It is believed that no public institution in the State is more successfully or economically managed than the Institute for the Deaf and Dumb, and it seems only just that the State should make such provision for its support as is ab- solutely needed. The present Legislature is asked to make certain appropriations for permanent improvements which the mana~ement of the institution think are necessary to properly provide for the wants of the inmates. This is a matter to which the committee has given careful attention. By appropriate sub-committees the buildings and grounds have been deliberately examined and cer- tain conclusions reached. It is the opinion of the committee that the Legisla- ture should make the following appropriations, for the purposes named : For furnishing room~ in dormitory ................................$ 800 00 For increMing capacity oi standpipes.........................:...... 650 00 For piping building for fire protectiou .............................. 500 00 For plumbing for boys and girls' lavatory.......................... . 500 00 For repairs in building-colored department-new blinds for dormitory and new floor........................................ 800 00 For furniture for schools and otherwise .............:............... 1,000 00 For drainage of grounds ................................................... 500 00 For fencing ................................................................... 250 ()() $ 5,500 ()() Several other items of appropriations have been MoNDAY, NovEMBER 21, 1H92. 165 asked. for by the managers of the institute that are desirable, and w;oald add to the convenience and ad:. vantage of t.he inmates, but feeling an earnest desire to economize in every possible way, we are constrained to limit our recommendations for appropriations to th~ lowest possible amount. Respectfully submitted. T. J. SMITH, Fifteenth District, Chairman. On the call of the roll the following bills were introduced, read the first time and referred as severally, indicated, to-wit : By Mr. Hatcher- A bill to amend section 3149(a) of the Code as amended by acts of 1889, providing for creditors' bills against insolvent corporations, trader ;Or firm of traders, and for other purposes. Referred to the General Judiciary Committee. By Mr. Robinson- A bill to amend section 3406 of the Code so as to define where certain actions shall be brought against railroad companies. Referred to the Committee on Railroads. By Mr. Clay, President- . A bill to amend the act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the various acts amendatory thereof, so as to authorize the issue of $250,000 of the bonds of said city to complete and equip the water works, to authorize said city to make police and sanitary regu- loo JOURNAL OF THE SENATE. 1ations over the property, water, water-shed, land, ~tc., of the new water works, and to define the rank and priority of the lien of assessments for public improvements. 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 repeal an act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller, to define their jurisdiction, and for other purposes, approved March 2, 1874, so far as the same .,relates to the county of Quitman. Referred to the Special Judiciary Committee. A bill to authorize the mayor and city council of Eatonton to establish and maintain a system of public schools for said city, to levy and collect a tax for -same, and for other purposes. Referred to the 0ommittee on Public Schools. A bill to change the time of holding Hancock :Superior Court, to provide for two weeks' sessions, ,and for other purposes. Referred to the Special Judiciary Committee. A bill to fix the compensation of the members of -the County Board of Education of Elbert county, to provide for payment of the same, and for other purposes. Referred to the.Committee on Finance. The Senate took up the report of the Committee ..on Finance on the!bill.of :the House to authorize and MoNDAY, NoYEMBER 21, 1R92. 167 empower the Governor of Georgia and the Commis:.Sioners of Roads and Revenues of Baldwin county and said State to exchange and convey one acre lots -of land in the city of Milledgeville, in the square upon which the Georgia Normal and Industrial College is located. 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 change the manner of electing Commissioners of Roads and Revenues in counties of the Stat.e where the same are now elected by the qualified voters of said counties, and for other purposes, approved October 19, 1891, and for other purposes. The committee reported in favor of .its passage, with an amendment, which was adopted. The repqrt was agreed to. 'fhe bill was read the third time and passed, as :amended, by constitutional majority, ayes 23, nays 0. 'l'he following invitation was submitted to the Sen~ate by the President, and the invitation conveyed .therein was accepted, to-wit : ATLANTA, GEORGIA. To the General Assembly of Georgia: Inasmuch as the question of accepting the Confed-erate Soldiers' Home is now pending, I have the honor, in behalf of the Board of Trustees, to invite ;the mem};)ers of Jtbe General Assembly to visit the 16H .Jot:R~AJ, OF THE SENATE. home on Tuesday, the 22d instant, so that an inspection of the property may be had before action is taken as to its acceptance or rejection. If the invitation is accepted, cars will be provided in front of the capitol at 3 o'clock P. M. W. L. CALHOUN, President. Mr. Scaife moved that the action of the Senate in regard to the adoption of a joint resolution providing for the appointment of a joint committee to visit Chicago be rescinded. This motion prevailed. Mr. Scaife then moved that a committee of ten from the Senate and fifteen from the House be appointed to visit Chicago, etc. Mr. Wilson, of the Thirteenth District, proposed to amend the motion of Mr. Scaife by providing that a committee of ten from the Senate be appointed by the President to act in conjunction with a committee already appointed by the House of Representatives. The amendment was agreed to, and the motion, as amended, prevailed. Senator Thompson was, on motion of the Chairman, Mr. Wilson of the Thirteenth District, added to the Committee.on the Lunatic Asylum. The Senate having disposed of all business on the desk of the Secretary adjourned, on motion, nntil 10 o'clock .A.M. to-morrow. Tt;ESDAY, NOYEMBER 22, 1892. 169 SENATE CHAMBER, ATLANTA, GEORGIA, Tuesday, November 22,1892, 10 O'clock A.M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. M. F. Hurst, Representative from the county of Walton. On the call of the roll the following Senators answered to their names : Blalock, Chambers, Corput, Crawford, Daley, Davis, Edwards, Gholston, Hackett, Hatcher,' Humphries, Jenkins, Johnson, Matthews, Monk,j Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robinson, Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of llth Dist, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Robinson, Chairman pro tem. of the Committee on Journals, reported the same correct. It was then read and confirmed by the Senate. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has passed, by the requisite constitutional majority, the following House bills, to-wit: .A bill to a:mend section 3419 of the Code of Georgia. 2 170 JOURNAI, OF THE SENATE. Also, a bill to amend an act creating the Commissioners of Roads and Revenues for Fulton county. Also, a bill to repeal an act entitled an act to provide for and require the registration of voters inNewton county. Also, a bill to amend the act establishing a Board of County Commissioners for Decatur county. Also, a bill to be entitled an act for the protection of the State Capitol Building, and for other purposes. The House has also adopted the following joint resolution in which the concurrence of the Senate is asked, to-wit: A resolution to refurid Houston county's taxes of 1890, paid into the State Treasury through mistake. The House has also passed the following Senate bills, by the requisite constitutional majority, to-wit: A bill to be entitled an act to amend section 7 of an act to provide for the better organization, etc., of the volunteer troops of this State. Also, a bill to be entitled an act to amend section 3972 of the Code of 1882, of this State. Also, a bill to amend section 3971 of the Code of 1882, of Georgia. Also, a bill to amend an act entitled an act to organize and incorporate the Fourth Regiment of Georgia Volunteers, and for other purposes. Under a suspension of the rules Mr. Corput introduce~ the following bill which was read the first tim' TuESDAY, NovEMBER 22, 1892. 171 and referred to the General Judiciary Committee, to-wit: A bill to authorize the :Board of Commissioners of Roads and Revenues in the various counties where sucli boM.d..has been created, or the ordinaries or the judges of the In~ Court in such oounties as have such officers in charge of t}}Qir roads and revenues, to bid in and hold property lawfull-y offered for sale by virtue of tax fl. fas., and for other purpgses. The following bills of the Rouse and resolution were read the first time and referred as indicated, to-wit: A bill to repeal an act to provide for and require the :registration of voters in Newton county, and for other purposes, approved September 22, 1887. Referred to the Committee on the Special Judiciary. A bill for the protection of the State Capitol Building, the approaches thereto, the grounds thereof, the trees and shrubbery; to authorize and empower the janitor and watchman to make arrests in certain cases; to fix a penalty for moving, defacing or injuring the building or any property therein. Referred to the General Judiciary Committee. A bill to amend the act establishing a Board of County Commissioners for Decatur county, approved December 13, 1871, etc., and for other purposes. Referred to the Special Judiciary Committee. A bill to amend an act creating the Commissioners of Roads and Revenues for Fulton county, and the 172 .JouRNAL OJ<' THE SENATE. acts amenda.tory thereof so as to provide for the election of said Commissioners by the duly qualified voters of said county, and for other purposes. Referred to the Special Judiciary Committee. A bill to amend section 3419 of the Code of Georgia. Referred to the General Judiciary Committee. A resolution to refund Houston county taxes of 1890 paid into the State Treasury by mistake. R~ferred to the Committee on Finance. Under a suspension of the rules the following bills were introduced by Mr. Clay, read the first time and referred to the General Judiciary Committee, to-wit: A bill to amend sub-section (f) of an act to repeal paragraph 1 of section 3854 of the Code, etc., and for other purposes. And a bill to enable the payees, holders or owners of promissory notes, or other debts or obligations for the payment of money, which may be secured by a deed conveying real estate or real estate and other property to a trustee or trustees, or by a mortgage creating a lien on real estate or real estate and other property to a trustee or trustees, to recover judgment or judgments on such debts and to have the same satisfied out of such property so conveyed or mortgaged, of the trustee, shall reconvey or release the sum to defendant or defendants, and that a lawful sale made of such property under such judgment or judgments, shall forever bar all right of redemption of the defendant or defendants and person or persons claim- \VF.D~ESDAY, NovEMBER 23, 1892. 173 ing under him or them therein ; and fixing the rank of the judgment or judgments to each other and the relative rank of the lien of such judgments to each I -other which may be obtained on such debts so secured by two or more persons on such debts so secured by the same deed or mortgage as to the property conveyed in said deed or mortgage, etc. The President announced the following Senators as the committee on the part of the Senate, to visit Chicago, to-wit': Messrs. Wilson of the Eleventh District, Scaife, Daley, Monk, Blalock, Gholston, Smith of the Thirty-fourth District, Robinson, Pope and Edwards. The Senate havingdisposed of all business on the Desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, November 23, 1892, 10 O'clock A.M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. f. C. McConnell of Gainesville, Georgia. On the call of the roll the following Senators an~ swered to their names : Chambers, Corput, Crawford, Daley, Davis, Johnson, Matthews, Monk, Moore, Persons, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Whittaker, 174 JOURNAL OF THE SENATE, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Pinson, Pope, Reaves, Reese, Rembert, Robinson, Scaife, Wilson of 11th Dist., Wooten, Wright of 1st Dist., Wright of 38th Di8t., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the Journal correct. It was then: read and confirmed by the Senate. 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 theSenate a sealed communication, to which be respect fully invites the consideration of your honorable body in executive session. ... The following message was received from his Ex~ cellency, the Governor, through 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 amend the charter of the city of Albany, to create a Board of Water Commissioners, defining their powers and duties, and for other purposes. Mr. Edwards, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President: The Committee on Special Judiciary have had W~DNESDAY, NOVEMBER 23, 1892. 175 under consideration the following House bill which they instruct me to report back, with the recommendation that same do pass as amended, to-wit : A bill to be entitled an act to establish new terms and regulate the practice of returning and trying cases in the City Court of Atlanta, Ga., and to amend the act establishing said court, approved December 15, 1871, and acts amendatory thereof, etc. Respectfully submitted. E. F. EDWARDS, Chairman. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report : Mr. President: Your committee have had under consideration the following Senate bills which they instruct me to report back, with the recommendatio_n that the same do pass, to-wit: A bill to provide for the payment of fines in bastardy cases to the Ordinary of the county, and for other purposes. Also, a bill to amend section 1g79 of the Code of Georgia. Also, a bill to amend an act to define the offence of blackmail, to prescribe a penalty therefor, and for other purposes, which they recommend do pass as amended. Also, a bill to provide when judgments ehall have and retain their liens as against third parties, which they instruct me to report back, with the recommen- 176 JouRNAJ. OF THE 8ENATEe dation that the introducer have leave to withdraw the same. Also, a bill to provide a Board of Equalization of Real and Personal Property in this State, which they recommend do not pass. Also. a bill to amend an act entitled an act to amend the County Court laws of this State, to regulate the mode of procuring jur.ors in said courts, to provide for their compensation, and for other purposes, approved September 27,.1881, which they reoommend do not pass. Respectfully submitted. M. P. REESE, Chairman. Mr. Monk, Chairman of tlie Committee on Enrollment, submitted the following report: Mr. President: Your Committee on E.r;trollment report as properly enrolled, and ready for the signatures of the President and Secretary of the Senate, the following Senate acts to-wit: An act to amend section 3971 of the Code of 1882, by adding, after the word " sheriff" in the fourth line from the bottom, the following words, " or their lawful deputies." Also, an act to amend section 3972 of the Code of 1882, by inserting after the word " sheriff," in the second line from the top, the words "or his lawful deputy," and by adding after the word "sheriff," in the sixth line from the top, the words "or his lawful deputy." WEDNESDAY, NoYEMBER 23, 1892. 177 Also, an act to amend section 7 of an act to provide for the better organization, government and discipline of the volunteer troops of this State, etc., so as to enable the commanding officer of a battalion to appoint in ~is discretion a chaplain of said battalion. Also, an act to amend an act entitled an act to organize and incorporate the Fourth Regiment of Geor-gia Volunteers, to empower the sa:id regiment to acquire, hold and dispose of property, real and personal; to issue bonds, and for other purposes, approved August 11, 1891, by providing for an additional major, an inspector of rifle practice, and conferring the rank of first-lieutenant on the chaplain of said regiment. Respectfully submitted, S. S. MoNK, Chairman. Mr. Corput, Chairman of the Committet~ on Finance, .submitted the following report: Mr. I:resident: Your committee have had under consideration the iollowing House bill, which they instruct me to report back, with the recommendation that the same do pass, to-wit: A bill to fix the compensation of the members of the County Board of Education of Elbert county, to ' provide for the payment of the same, and for other purposes. Respectfully submitted, FELIX CORPUT, Chairman. Mr. Smith, Chairman of the Committee on Corporations, submitted the following report: 178 JoURNAL 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 p~ss, to-wit : A bill to be entitled an act to amend an act to charter the city of West End, of Fulton county, Georgia, approved November 1, 1889. Also, the following Senate bill which they instruct me to report back, with the recommendation that the author have the privilege to withdraw same, to-wit: A bill to be entitled an acr, to amend an act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the various acts amendatory thereto, so as to provide that the mayor and gen- eral council of said city may regulate the opening and closing wholesale and retail liquor houses in the city of Atlanta, on election days, whether for State. county, or municipal elections, including also primary. elections. Respectfully submitted. C. W. SMITH, Chairman. The Senate, on motion of Mr. Scaife, went into executive session, and having spent some time therein. returned to open session. The following bills of the Senate were read the second time and passed to a third reading, to-wit: A bill to amend section 1979 of the Code of Georgia. A bill to amend an act to define the offence of WEDNESDAY, NovEMBER 23, 1892. 179 blackmailing, to prescribe a penalty therefor, and for other p-:1rposes, approved October 3, 1887. .And a bill to provide for the payment of fines in bastardy cases to the ordinary of the county, and for other purposes. The following Senate bills were withdrawn by con- sent of the Senate, to-wit: .A. bill to provide when judgments shall have and retain their liens as against third parties. .And a bill to ainend the charter of the city of .Atlanta relative to the closing and opening wholesale and retail liquor houses on election days. The following bills of the Senate were taken up under adverse report of committees and lost by agre ment with said.reports, to-wit: .A bill to provide for a Board of Equalization of real and personal property, subject to taxation. .And a bill to amend an act to amend the County Court laws of this State, etc. On motion of Mr. Wooten, the following bills were withdrawn from the Committee on Military Affairs, and after being read the second time, were recommitted to said committee, to-wit: .A bill of the House to authorize an increase in the number of companies that constitute the Third Regiment of Georgia Volunteers, etc. .And a. bill of the Senate to provide for the examination of persons elected to or nominated for any 180 Jot:RNAL OF THE 8ENA'J'E. ~ommissioned officers in the volunteer forces of this State, 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 an act to amend the charter of the city of West End, of Fulton county, Georgia, approved November 1, 1891. A bill to establish new terms and regulate the practice of returning and trying cases in the City Court of Atlanta, Ga., etc., and for other purposes. And a bill to fix the compensation of the members <>f the County Board of Education of Elbert county, etc., and for other purposes. On motion of Mr. Wilson of the Eleventh District, leave of absence from Thursday morning to Saturday evening was granted members of the committee on tlie part of the Senate to visit the city of Chicago. On motion o~ Mr. Wright of the Thirty-Eighth District, leave of absence was granted the Committee <>n the Asylum for the Blind to visit that institution for Friday and Saturday next. The following bills were introduced, read the first time and referred as indicated, to-wit: By Mr. Corput- A bill to amend the several acts incorporating the village of Cave Spring in t.he county of Floyd, and for other purposes. Referred to the Committee on Corporations. 'VEDNESDAY, NOVEMBER 23, 1892. 181 Also, by Mr. Corput- A bill to amend the several acts incorporatfng the village of Cave Spring, to provide for registration of legal voters, etc., and for other purposes. Referred to Committee on Corporations. A.lso, by Mr. Corput- A bill to amend the several acts incorporating the village of Cave Spring, to regulate the collection of street taxes, etc., and for other purposes. Referred to the Committee on Corporations. Also, by Mr. Corput- A bill to define the qualifications of locomotive engineers and to provide for licensing such engineers. Referred to Committee on Railroads. By Mr. Wooten- A bill to amend section 3 of an act approved October 1o, 1885, amending an act approved October 16, 1879, providing for the better organization, government and discipline of the volunteer troops of this State, and for other purposes. Referred to Committee on Military Affairs. The Senate having disposed of all business on the desk of the Secretary adjourned, on motion, until 10 o'clock A. ~L to-morrow. 182 JOURNAl, OF THE SENATE. SJINATE CHAMBER, ATLANTA, GEORGIA, Thursday, November 24, 1892; !tH)I~~..A... llL The Senate niet pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. Mr. Bryan, Repre-sentative from the county of Floyd. On the call of the roll the following Senators an-swered to their names. Chambers, Corput, Crawford, Davis, Dennard, Fitzgerald, Hackett, Hatcher, Humphries, Jenkins, Johnson, McAfee, Matthews, Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Sirmans, Smith of 19th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzg~rald,Chairman of the Committee on Jour- nals, reported the Journal correct. It was then read and confirmed by the Senate. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report, to-wit: 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 : THURSDAY, Non;MBER 24, 1892. 183 A bill to establish a Board of Medical Examiners for the State of Georgia. Also, a bill to authorize the Board of Commission- ers of Roads and Revenues in the various counties of this State, or the ordinaries or judges of the Inferior Courts in comities where such officers have charge of their roads and revenues, to bid in and hold prop- erty lawfully offered for sale by virtue of tax fl. fas., and for other purposes. Respectfully submitted. M. P. REESE, Chairman. Mr. Wright, First District, Chairman of Committee on Temperance, submitted the following report : Mr. President: Your committee have had und~r consideration the following Senate bill which they instruct me to report back, w~th the recommendation that the same do pass, to-wit: A bill to amend section 5 of the General Local Option Liquor Law of this State, approved September 18, 1885. Respectfully submitted. H. G. WRIGHT, 1st Dist., Chairman. The following bills of the Senate were read the second time and passed to a third reading, to-wit : A bill to establish a Board of Medical Examiners for the State of Georgia. }._ bill to amend section 5 of the General Local Option Law approved September 18, 1885, etc.; and 184 JoURNAL OJo' .rHE t;.b:.SAT.b:. A bill to authorize the Board of Commissioners of Roads and Revenues in the various counties where such board has been created, or the ordinaries or the judges of the Inferior Courts in such counties as have such officers in charge of their roads and revenues, to bid for and hold property lawfully offered for sale by virtue of tax fl. fas., and for other purposes. - On motion of Mr. Fitzgerald the following bills of the Senate pending before the Committee on Corporations were recatled from said committee and being read the secotld time were recommitted to the Committee on Corporations, to-wit: A bill to amend the several acts incorporating the village of Cave Spring, in the county of Floyd, to provide for the registration of legal voters, etc., and for other purposes. A bill to amend the several acts incorporating the village of Cave Spring, to define the duties and powers of the mayor, councilmen, marshal and recorder, and for other purposes. And, a bill to amend the several acts incorpor::~tting the village of Cave Spring, to regulate the collection of street taxes, and for other purposes. On motion of Mr. "\Vooten the following bill of the Senate was withdrawn from the Committee on Military Affairs, and being read the second time was recommitted to the said committee, to-wit : A bill to amend section 3 of an act approved October 13, 1885, amending an act approved October 16, 1879, providing for the better organization, government and discipline of the volunteer troops of this State, etc., and for other purposes. THURSDAY, KovEMBER 24, 1892. 1&5 The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has adopted a joint resolution in which the concurrence of the Senate is asked. A resolution appointing a joint committee to consist of two from the Senate, and three from the House to visit the school located at Savannah unde.r act approved November 20, 1890, for colored students and report thereon to the General Assembly. The following bills were introduced, read the first time and referred as indicated, to-wit : By Mr. Persons- A bill requiring insurance companies to pay the full insurance contracted for on buildin~s in case of loss, and requiring the va.lue of a building insured, to be determined before a policy of insurance is issued thereon. Referred to the General Judiciary Committee. By Mr. Johnson- A bill to repeal an act to prescribe the time of resi-. dence in this State and of the counties therein, of all persons making application for divorce to the co:urts of this State, and for other purposes. Referred to the General ,Judiciary Committee. By Mr. Wright of the First District- A bill to repeal an act approved October 5, 1885, to D . 1Hii .lm'HNAL OF THE SE~ATE. amend an act to authorize a County Court. for the county of Effingham. Referred to the Special Judiciary Committee. Also, a bill to amend section 1286 of the Code of 1882. Also, a bill to amend an act approved March 5, 1856, entitled a.n act to incorporate a town to be called \Varsaw, etc., and for other purposes. Referred to the Special Judiciary Committee. Leave of absence was granted Mr. Russell of the l<'ourth District and to Mr. Covey, the gallery keeper of the Senate. 'rhe Senate took up the report of the Committee on Corporations on the bill 0f the House to amend an act to charter the city of West End, of Fulton county, Georgia, approved November 1, 1889. Proof of legal notice was submitted. ~rhe report was agreed to. ~rhe bill was read the third time and passed, ayes 30, nays 0. The Senate took up the report of the Special Judi~ ciary Committee on the bill of the House to establish new terms and regulate the practice of returning and trying cases in the City Court of Atlanta, Ga., and to amend the act establishing said court, passed December 15, 1~71, and acts amendatory thereof, and for other purposes. Proof of legal notice was submitted. , Tip!RSDAY, l'iO\'EMBEil 2-l-, lk!l2. l>i7 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, 'ayes 30, nays 0. The resolution of the House to appoint a joint committee to visit the college located at Savannah, established under the Acts approved November 20, 1890, was taken up, read, concurred in and the President appointed thereunder on the part of the Senate Messrs. Johnson and Davis. The Senate took up the report of the General Judi.ciary CommitteP. on the bill of the Senate to provide for the payment of fines in bastardy cases to the ordinary of the county, and for o~her purposes. The report was agreed to. The bill was read the third time and passed~ ayes 28, nays 0. 'fhe Senate took up the report of the General Ju- diciary Committee on the bill of the Senate to amend section 1979 of the Code of 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 General Judiciary Committee on the bill of the Senate to amend an act to define the offence of blackmail, to prescribe a. penalty therefor, and for other purposes, approved Dctober 3, 1887. "' 188 .JOURXAJ. OJ<" THE SENATEo The report was agreed to. The bill was read the third time and passed, ayes 30, nays 0. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow. SENATE CHA}lBER, ATLANTA, GEORGIA, Friday, November 25, 18~2, 10 O'clock A.M. 'l'he Senate met pursuant to adjournment, the President in the chair. Prayer was o:ff~red by the Rev. R. A. Eakes, Chaplain of the House. On the call of the roll the folJowing Senators answered to their names: Cbambel'8, Corput, Crawfor1l, Davis, Dennard, Fitzgerald, Hackett, Hatcher, Humphries, .renkins, .Johnson, McAfee, MattbewH, Moore, Persons, Pinson, Reaves, Reese, Robbe, Sirmans, Whittaker, Wilson of I:nh Dist. Wilcox, Wooten, Wright of 1st Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate. Leave of absence was granted Messrs. Crawford and DP-nnard, for a few days after to-day, and to FRIHAY, XO\"EMBER 25, 1892. 189 Messrs. McAfee, Rembert, Corput and Wooten, for tomorrow. Under a suspension of the rules, Mr. \Vooten introduced a bill to authorize the establishment of a system of public schools for the city of Albany, and for -other purposes. This bill was referred to the Committee on Public :Schools. Mr. Wright introduced a joint resolution requesting our Senators and Representatives in Congress to -support what is known as the "Hatch Bill," which was taken up, read and concurred in. Mr. Persons, Chairman pro tem. of the Committee on Enrollment, submitted the following report: Mr. President: The Committee on Enrollment report as duly enrolled, and signed by the Speaker and Clerk of the House, and ready for the signatures of the. President and Secretary of the Senate, the following House act, to-wit: An act to repeal an act entitled an act to change the manner of selecting Commissioners of Roads -and Revenues in counties of the State where the same are now elected by the qualified voters of said counties, :and for other purposes, approved October 19, 1891. Respectfully submitted, A. P. PERSON8, Chairman pro tem. .Mr. Corput, Chairman of the Committeepn Finance, .au~mitted the following report: 190 Jfr. President i Your committee have had under consideration the following House resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit: A resolution to refund Houston county taxes of 1890, paid into the State treasury through mistake. .Also, the following Senate bill, which they instruct me to report back, with the recommendation that the same be recommitted to the General Judiciary Comn1ittee, to-wit: A bill to be entitled an act to amend an act entitled an act to regulate the business of insm:ance in this State, and for other purposes, approved October 21, 1887. Respectful]y submitted, FEI.IX CoJWUT, Chairman. Mr. Reese, Chairman of .the General JudiciaryCommittee,. submitted the following report: Mr President : Your committee have had undr consideration thefollowing Senate bills, which they instruct me toreport back, with the recommendation t.hat the same do pass, to-wit: A bill to repeal an act entitled an act to a~end section 1455 of the Code of Georgia of 1882, which provides for the submitting to the lawful ;voters of any county in this State, upon the petition of fifty freeholders, the q nestion of fence or no fence, and for other purposes, approved September 5, 1882. FRID.\Y, XOYEMBER 25, 18H2. 191 Also, a bill to require clerks of the Superior Courts bf this State, to keep reverse index dockets to the general executive docket. Also, a bill to amend section 4711 of the Code of 1882, and for other purposes, which they recommend, do pass by substitute. Respectfully submitted. M.P. REJ<~SE, Chairman. Mr. Persons, Chairman pro tem. Special .T ndiciary Committee, made the following report : Mr. President: Your Committee on Special Judiciary beg leave to submit the following report : \Ve recommend the following Senate bill do pass : A bill to be entitled an act to repeal an act approved October 5, 1885, toamend an act to establish a County Court for the county of Effingham. \Ve recommend that the following Senate bill be referred to the General Judiciary Committee : A bill to be entitled an act to amend section 1286 of the Code of Georgia. .Respectfully submitted, A. P. PJught to be renewed in the .near future, and some of the floors which give evidence of considerable wear f from long and constant use and will have to be replaced in the course of a very few years. The internal condition of the halls and. wards throughout the entire buildings is a marvel of neatness and cleanliness, of which we cannot speak too highly ; while the order, system and perfect control <>f the inmates speak in terms that are unmistakable <>f the ability and faithfulness of the officers in charge, as well as of the employees to whose care the details <>f the establishment are necessarily to a large extent ntrusted. l!"l4 .JOURNAL OF THE SENATE. We find, however, that the accommodations are not sufficient for the proper care of the large number of patients now on hand. Many of them have to be crowded into rooms too small for the number of occupants, and many of the parlors and recreation rooms that ought to be used for these purposes oply have had to be converted into sleeping apartments, and yet there are more than one hundred people in the State who have been by proper authority adjudged insane and entitled to the benefits of this asylum that cannot be received for want of room, and are confined in the jails of the different counties of the State. The trustees and the superintendent have asked for additional room, and have pointed out to us how the same can be had at a small cost, and your committee have agreed that such additional accommodations should be allowed them as follows : The amusement halls of the buildings used for convalescents, the one for males and the other for females, are only one story high, and the walls being of brick, and built with an eye to future enlargement, are capable of sustaining two additional stories each, and if these stories were added, they would give room for many additional patients. A twelve room brick building at present occupied by the assistant physician and his family, could be used for patients. if a cottage was built for the assistant physician and his family. These additions and improvements, it is estimated by the civil engineer, could be completed at a cost of twenty-two ($22,000) thousand dollars. And room would thus be made for something over two hundred patients, thereby relieving the overcrowded condition of the existing wards, and enabling the institution to receive all the insane persons for whom applications have been made from the various. counties of the State. The laundry; we are satisfied, is inadequate to the wants of the institution and ought to be enlarged and furnished with additional machinery, the estimated cost of which is fifteen hundred dollars. There is an urgent need of several fire walls in the main building, and these, it is estimated, could be constructed by running up existing walls until they pierce the roof, at a cost of twelve hundred dollars. If this was done it would be possible to confine any fire that might occur to the apartment in which it originated, while in the present condition vf the building the whofe structure would inevitably burn down if once a fire became fairly started in any part of it. We examined into the finances of the institution, and are satisfied that the same have been administered during the past two years faithfully, economically and honestly. The- system of bookkeeping is thorough, minute, exact and easily understood, and every item of receipts and expenditure is properly verified by duplicate vouchers which were exhibited to a subcommittee of our number, and their examination was entirely satisfactory. A re-examination can be had at any time by going through the accounts and vouchers on file in the office of the Governor in this capitol building. The accounts show a balance on hand on the 1st of October, 1892, from the appropriations for the fiscal year ending September 30th, of six thousand nine hundre4 and forty-one dollars and eighty-two cents ($6,941.82 ). This balance has been accumulated by reason of the fact that the expenses are less during the summer months, owing to a smaller consumption of fuel, less bedding and lighter clothing, while the subsistence department is greatly aided by the vegetables from the farm and garden, so that the monthly outlay is considerably less than during the winter_ 1H6 .JOURNAL OF THE 8EXATE. But this balance will be entirely absorbed by the increased expenses of the winter months now upon us. The trustees ask for an increase of the appropriation for maintenance and support of the institution over that allowed for the hist two years, because while they have kept the expenses within said appropriation and have operated it at a per capita cost pe1 diem of only thirty-three and one-third cents, yet they have not been able to give as good attendance, clothing and food as was best for the patients, nor in many other respects to put the institution on the plain of a first-class lunatic asylum. Your committee agrees with them that the appropriation should be more liberal for the next two years, but owing to the stringency of the times, the poverty of our people and the heavy burden of our State taxes, we are not disposed to grant the full amount of forty cents per capita per diem as asked by them. But we think the appropriation of one hundred and ninety thousand dollars allowed per. :annum for the last two years for maintenance, support and ordinary repairs should be increased to two hundred thousand. "\Ve believe that the amount of insurance carried on the property of the State at the asylum is entirely incommensurate with the value of the property, and we recommend that the amount of the policy of in-surance he increased to such an amount as may be deemed proper by the Finance Committee, simply -stating that the present policy, which we learn is for two hundred and twenty-six thousand dollars, is not -equal to more than one-fourth of the value of the property insured, which is over one million of dollars. The farm, garden and dairy connected with the asylum we believe to be a fine adjunct for the same. Large quantities of beef, pork, milk, butter, pot!ltoes and garden vegetables are produced and furnished FRIDAY; NovJ.:Mmm 25, 1R92. 191 to the inmates and employees of the institution, adding much to the health and comfort of all ; while the convenience of having such things on the spot instead of having to buy them from other sources, to say nothing of the economy of it, commends it strongly to our approval. 'fh~ success of the farm is sufficiently attested by the tables found in the biennial report of the institution and our personal observation and examination of the various departments of the farm satisfy us of the high capacity with which it is managed. We beg to recapitulate as follows: 1. 'fhe external condition of the buildings and grounds is such as to call for no extra appropriations at present--ordinary repairs, such as are understood to be included in the appropriation for maintenance, being a.ll that is necessary. 2. 'fhe internal condition of the buildings, the care and comfort of the inmates, the order, discipline and effectiveness of all employees attest the capacity and faithfulness of the superintendent, officers and trustees to be of the highest order and deserving of the highest encomiums of the committee, the General A.ssembly and of the whole State. And we wish to add that all of the above is equally applicable to both the white and colored departments of the institution. 3. There is urgent necessity for more room, which can be had at a cost of twenty-two thousand dollars. with which amount room can be had for over two hundred additional patients, or if only one of the amusement halls be added to, as above suggested, and the physician's cottage be built, room for about two-thirds of that number will be secured at a cost of twelve thousand dollars. 4. Additions to the laundry are needed to the amount of fifteen hundred dollars. .loFRXAL OF THE S-ENATE. 5. Fire walls should be constructed, costing twelve hundred dollars. 6. We found the financial affairs of the institution in a satisfactory condition, and believe they hav.e been carefully, economically and honestly administered. 7. We recommend that the following appropriations be made : For putting two stories on one of the amusement halls and building a cottage for the assistant physician, twelve thousand dollars ................................................... $ 12,000 00 For enlarging laundry, fifteen hundred dollars ............... 1,500 ()() For constructing fire walls, twelve hundred dollars......... 1,200 ()() For support and maintenance of the in~titution per an- num for the next two yeari!, two hundred thousand dollars................................................................... .. 200,000 00 .Making a total of ....................................................$ 214,700 00 All of which is respectfully submitted. . WM. A. WILSON, Chairman. 'l'he Senate took up the report of the General Judiciary Committee on the bill of the Senate to establish a Board of Medical Examiners for the State of Georgia. On motion of Mr. Reese, this bill was laid on the table. On motion of Mr. Humphries, one hundred copies thereof were ordered to be printed for the use of the Senate. The bill of the Senate to amend section 5 of the general local option law was taken up under favorable report of the Committee on 'femperance, and on motion was laid on the table. l\IoNIIAY, KoYEMnEH 2t{, IH92. The Senate having disposed of all business on the -desk of the Secretary, adjourned, on motion, untilll o'clock A. ~r. Monday next. SENATE CHAMBER: ATLANTA, GEORGIA, Monday, November 28, 1892, 10 O'clock A.M. The Senate met pursuant to adjournment, the Presi-dent in the chair. Prayer was offered by the ReY. Mr. Hurst in the absence of the Chaplain. On the call of the roll the following Senators answered to their names: Blalock, Chambers, Cmput, Daley, Davis, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Johnson, McAfee, Matthtws, Monk, Moore, Persons, Pinson, Pope, Reave~, Reese, Rembert, Robbe, Robinson, Russell, Scaife, ~irmans, :O:mith of 15th Dist., Smith of 19th Dist., Smith of 34tb Dist.; Fimith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of lSth Dist., Wilcox, wooten, Wright of 38th Dist., .Yir. President. Mr. J.l'itzgerald, Chairman of the Committee on Journals, reported the journal correct. It was then read and confirmed by the Senate. The following message was received from the House .through Mr. Hardin, the Clerk: . 200 .TouRNAI. OI<' THE SENATE. Mr. President: The House has concurred in the Senate amendments to the following House bills, to-wit : A bill to change the manner of selecting Commissioners of Roads and Revenues in counties of this State. Also a bill establishing new terms, and to regulate the practice of returning and trying cases in the city court of Atlanta, and to amend the act establishing said court, and for other purposes. The following committee on the part of the House has been appointed under a joint resolution to visit the college located at Savannah, established under the act approved November 28, 1890 : Messrs. Neel of Floyd, Little of Washington, and Steward of DeKalb. The House has also passed, by the requisite constitutional majority, the following House bills, to-wit: A bill to define the liabilities of receivers of railroads for torts committed by their employees during such time as such receivers may operate railroads in this Statt>, and for other purposes. Also a bill to authorize suits to be brought against receivers or managers of any property appointed by any courts in this State, and for other purposes. Also a bill to so amend section 4095 of the Code of 1882 as to confer jurisdiction upon police courts of cities having populations of 20,000 or up":'ards to abate the nuisances referred to in said section. MoxDAY, NoVEMBER 28, 1892. 201 Also a bill to repeal section 2 of an act entitled an act to amend an act entitled an act for the protection of game and birds in the county of Macon, and for other purposes. .Also a bill to authorize and direct the Governor and Treasurer of this State to issue bonds of this State to the amount of thr.ee hundred and sixty-eight thousand dollars and negotiate the same, and for other purposes. Also a bill to amend section 3910(d) of the Code of 1882 of the State of Georgia. Leave of absence, on motion of Mr. Hackett, was granted to a Sub-Committee on the Penitentiary consisting of Messrs. Crawford, Sirmans, Dennard, Smith of the Forty-first District, and Rembert. Mr. Persons, Chairman protem. of the Special Ju- diciary Committee, subm~ts the following report, towit: Mr. Presiaent : The Special Judiciary Committee have had under consideration the following House bill, which they instruct me to report back, with recommendation that same do pass, to-wit : A bill to be entitled an act to amend an act creat- . ing the Commissioners of Roads and Revenues for Fulton county, and theactsamendatory thereof, so as to provide for the election of said commissioner by the duly qualified voters of said county, and for other purposes. Respectfully submitted, A. P. PERSONS, Chairman pro tem 2Ci2 .JOURNAL OF THE SENATE. Mr. Wooten, Chairman of the Committee on Military Affairs, submitted the following report : Mr. President : Your Committee on Military Affairs have had under consideration tlie following Senate bil1, 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 3 of an act approved October 13, 1885, amending an act approved October 16, 1879, providing for the better organization, government and discipline of the volunteer troops of this State, by providing for the JouRNAL OF THE SJo:NATE. Also, a bill to repeal all of the second section of an act approved September 20, 1887, entitled an act to create the office of solicitor for the County Court of Macon county. Also, a bill to amend an act approved February 28, 1876, creating a Commission of Roads and Revenues in 'froup county. Also, a bill to amend the charter of Mount Vtn"non. AJso, a bill to repeal an act entitled an act to prohibit the sale of seed cotton in the county of Jefferson from the fifteenth of August to the twenty-fourth of December, and for other purposes. The House has also passed the following Senate bills as amended, by the requisite constitutional majority, to~wit : A bill to create a Board of Commissioners for the city of Darien, and for other purposes. Also, a bill to amend an act to create a Board of Commissioners for the county of Mcintosh aud the city of Darien. The Senate took up the report oi the Committee on Education on the bill of the Senate to authorize the establishment of a system of public schools in the city of Albany, et~., and for other purposes. Proof of notice by publication was submitted. T~e report was agreed to. The bill was read the third time and passed, ayes 28, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to repeal TuEsDAY, NovEMBER 29, 1892. 217 a.n act approved October 5, 1885, to amend an act to authorize a county court for the county of Effingham. The report was agreed to. The bill was read the third time and passed, ayes 30, 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 an act approved August 29, 1885, to provide for the registration of voters at municipal elections in the city of Savannah, and for other purposes. A bill to amend the registration laws of Mcintosh county. A bill to amend the County Commissioners' law of Decatur county, etc., and for other purposes. A bill to repeal an act to organize a county court in the counties of Calhoun, Baker, Quitman and Miller, etc., and for other purposes, approved March 2, 1874, so far as relates to the county of Quitman. A bill to repeal an act to provide for and require the registration of voters in Newton county, and for other purposes, approved September 22, 1887. A bill to change the time of holding Hancock Superior Court ; to provide for two weeks session, and for other purposes. The following bills were introduced, read the first timwe and referred .as. severally indicated,. to-wit : 218 .JouRNAL OF THE SE~ATE. By Mr. Robbe- A bill to amend an act for the protection of persons confined in the Insane Asylum of this State in the right to communicate with their friends, etc., and for other_; purposes. Referred to the Committee on the Lunatic Asylum. By Mr. Reese- A bill to make the throwing of any rock, stone or other missile which is in its character a weapon likely to produce death, at, towards or into any car or cars of any passenger trains, upon any of the railroads or street railroads of the State, and the shooting of any gun, pistol or fire-arm, etc., at, towards or into such car or cars, etc., etc., a felony, and to prescribe a penalty therefor. Referred to the Committee on Railroads. By Mr. Smith of the Thirty-fourth District- A bill to amend the act of August 6, 1891, establishing the Criminal Court of Atlanta, by providing the manner of filling vacancies in the judgeship when the same occurs when the Legislature is not in ses,sion. Referred to the Special Judiciary Committee. The following bills of the House were read the first time and referred as severally indicated, to-wit : A bill to change the time of holding the Superior Courts of the Flint Circuit. Referred to the General Judiciary Committee. TuEsDAY,. NovEMBER 29, 1892. 219 A bill to amend the 22d section of the act approved September 9, 1879, establishing a city court for the county of Cl~rke, and for other purposes. Referred to the Special Judiciary Committee. A bill to repeal an act to abolish the county court of Jefferson county, and for other purposes. Referred to the Special Judiciary Committee~ A bill to repeal all of the second section of an act approved September 20, 1887, to create the office of solicitor for t.he County Court of Macon county. Referred to the Committee on Special Judiciary. A bill to define the right and power to hold shares in the capital stock of railroad companies by trustees and other representatives, and by persons holding such shares jointly or in common, and by corporations, to prescribe oaths for persons offering to YOte shares as aforesaid, and to fix the penalty for false swearing in the same, and for other purpo~es. Referred to the Committee on Railroads, and one hundred copies ordered to be printed for the use of the Senate. A bill to repeal an act to prohibit the sale of seed cotton in the county of Jefferson from the 15th of August to the 24th of December, and for other purposes. Referred to the Committee on Agriculture. A bill to a1llend an act approved February 28, 1876, creating a Board of Commissioners of Roads and Revenues in the county of Troup.. Referred to the Special Judiciary Committee. 220 JOURNAL OF THE SENATE. A bill to establish a -county court in and .for the county of Bryan. Referred to the Special Judiciary Committee. A bill to amend the charter of the town of Mount Vernon. Referred to the. Special Judiciary Committee. A bill to repeal an act to require and provide for the registration of all voters in the county of Jefferson, and for other purposes. Referred to the Special Judiciary Committee. 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, G:E"ORGIA, Wednesday, November 30, 1892, 10 O'clock A.M. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Rev. John Jones, Chaplain of the Senate. On the call of the roll the following Senators answered to their names : Blalock, Chambers, Corput, Crawford, Daley, McAfee, Matthews, Monk, Moore, Persons, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist. Smith of 41st Dist., Thompson, WEDNESDAY, NovEMBER 30, 1892. 221 Davis, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Humpb.ries, Jenkins, Johnson, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Whittaker, Wilson of 11th Dist., Wilson of lSth Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the journal correct. It was then read and confirmed by the Senate. The following m~ssage was received from the House through Mr. Hardin, the Clerk: Mr. President : The House has passed, by the requisite constitutional majority, the following House bills, to-wit : A bill to amend the charter of the city of Gaines-ville, Georgia. Also, a bill to amend an act to define the rights of landlords, to declare the effects of certain contracts, .and for other purposes. Also, a bill to amend section 3514 of the Code of 1882, of the State of Georgia. Also, a bill to authorize the county authorities having control of any county chaingang in this State to establish camps, and to work and control said convicts beyond the limits of the county to which said convicts belong, for the purpose of providing material for public roads, and other public purposes. 222 JouRNAL oF THE SENATE. Also, a bill to amend section 4527 of the Code of 1882, of the State of Georgia. Also, a bill to amend an act to prohibit in this State the holding of more than one county office by one person at any one time, and for other purposes, so that the same shall not apply to members of county boards of- education. Also, a bill to amend an act entitled an act to fix with certainty on the dockets, the places of cases in which new trials are granted by the Supreme Court. Also, a bill to define and limit the use of the capitol and grounds. Also, a bill to authorize the judges of the superior-. courts in this State to appoint a special bailiff in counties containing a city of sixty thousand population or more, and for other purposes. The House has also adopted the following joint resolutions in which the concurrence of the Senate is- asked, to-wit : A resolution to authorize the State Treasurer to pay the face amount of $1,000 and interest courons, due on bond No. 193, which is owned by Dr. A. W. Calhoun. Also, a resolution for the relief of James E. Love. Also, a resolution ~o authorize the payment of pensions to thirty-eight widows of Confederate soldiers, who are entitled to pensions under the law, but who have not received the same for the reason that the fund was exhausted, and for other pur-poses. WF.DNESDAY, NoYEMBER 30, 1892. 223 Mr. Robbe, Chairman of the C<;>mmittee on Public Schools, submitted the following report : Mr. President: Your Committee on Public Schools 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 provide that in all the public schools of this State the Bible shall be read as part of the school exercises daily, and no county, city or other municipal corporation shall be entitled to share in the public school fund unless this law is complied with, and for other purposes. Respectfully submitted. C. A. RoBBE, Chairman. Mr. Jenkins, Chairman of the Committee on Railroads, submitted the following report : Mr. President: Your Committee on Railroads have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that same do pass, to-wit : A bill to be entitled an act to make the throwing of any rock, stone, or other missile which is in its character a weapon likely to produce death, at, towards, or into any car or cars of any passenger trains upon any of the railroads, or street railroads, of this State, and the shooting of any gun, pistol or :firearm of any kind or nature at, towards, or into any such car or cars, and the shooting while in such car or cars of a gun, pistol, or other weapon of any kind what- 224 JocRNAL OF THE SENATE. ever, or the brandishing, in a threatening manner while in such car or cars, any weapon likely to pro- duce death by its use, a felony, and to prescribe a penalty therefor. Also, the following bill, to-wit : A bill to be entitled an act to amend section 3406 o.f the Code of Georgia, so as to define where certain actions shall lie brought against railroad companies. in this State. Also, the following 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 require railroads to post crossings of public dirt roads. Also, the following bill, to-wit: A bill to be entitled an act to define the qualification of locomotive engineers, and to provide for licensing such engineers. Respectfully submitted. H. A. JENKINs, Chairman. Mr. Reese, Chairman of the General Judiciary Committee 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 sub-section (f) of an act to repeal WEDNEsDAY, NovEMBER 30, 1892 225 paragraph number 1 of section 3854 of the Code, and in lieu thereof more clearly to define the competency of witnesses in cases where certain persons, parties or agents are deceased or insane, approved October 29, 1889, and for other purposes. Also, a bill to amend section 1286 of the Code of Georgia, which they rJcommend do pass as amended. Also, a bill prescribing how mortgaged property may be sold under a power of sale in the mortgage, of making titles. to t.he purchaser at such sales and of placing the purchaser in possession, and for other purposes, which they recommend do not pass. Also, a House bill to amend section 3910(d) of the Code of Ge~rgia, so as to require that the traverse jury list of a county shall also include the names of the persons selected as grand jurors, and to carry said change into ef:ect, which they recommend do pass.. Respectfully submitted. M.P. REESJ<~, Chairman. Mr. Smith, Chairman of the Committee on Corporations submitted the following report : Mr. President: Your Committee on Corporation 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 aer, to amend the act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the various acts amenda- 226 . JoURNAJ. OF THE SENATE. iio.ry thereof, so as to authorize the issue of $250,000' of the'bonds of said city to complete and equip the water works, to authorize said city to make policeand sanitary regulations on the property, water shed, lands, etc., of the new water works, and to define the rank and priority of the lien of assessments for public improvements. Also, the following bill which they instruct me to report back, with the recommendation that the same do pass as amendP-d, to-wit : A bill to be entitled an act to amend an act incorporating the town of Walesca., approved November 13, 1889, changing the corporate limits thereof. 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 4095 of the Code of 1882, so as to confer jurisdiction upon police courts of cities having a population of 20,000 or upwards, to abate the nuisances referred to in said section. Also, the following Senate bill as amended, to-wit : A bill to amend the Senate acts incorporating the ..-illage of Cave Spring in the county of Floyd, and for other purposes. Respectfully submitted. C. W. SMITH, Chairman. Mr. Humphries, Chairman of the Committee on Education, submitted the following report : 'VEDNESDAY, NovEMBER 30, 1892. 227 Mr. President: Your committee have had under consideration the following Senate bill which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit : A bill to be entitled an act to amend and alter the school laws of this State by establishing a uniform course of text books to be used in all the common schools of this State, to organize a book commission to carry into effect the provisions of this Act, and for other purposes. Respectfully submitted. W. S. HUMPHRIES; Chairman. Mr. Humphries, Chairman of the Committee on Education, submitted the following report : Mr. President: Your committee have had under consideration the following Senate bill which they instruct me to report back, with the recommendation that the same do pass~ to-wit : A bill to amend an act to amend, revise and consolidate the common school laws of the State of Georgia, and for other purposes, approved October 27, 1887. Respectfully submitted. W. S. HUMPHRIES, Chairman. On motion of Mr. Wright, the bill of the Senate to provide for the reading of the Bible in public schools, etc., was recommitted to the Committee on Public Schools. 228 .JoURNAL OF THE SENATE. On motion of Mr. Hatcher, 100 copies of the bill of the Senate prescribing how mortgaged property may be sold under a power of sale in the mortgage, etc., which was adversely reported by the General Judi. ciary Committee, were ordered to be printed for the use of the Senate. The Ron. S.C. Lamkin, of Columbia county, and the Ron. J. E. Nunnally, ex-Senators, were invited to seats in the Senate. A similar courtesy was extended to the Ron. C. H. Ellington. Mr. Jenkins offered a privileged resolution providing for the printing of all bills of a general nature prior to the time when put upon their passage, which was read and laid over one day, under the rule. 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 bvites the consideration cf your lionorable body in executive session. Mr. Smith, Chairman of the Committee on Corporations, srrb.mitted the following report: Mr. President: The Committee on Corporations 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 : WEDNEsDAY, NovEMBER 30, 1892. 229 I A bill to be entitled an act to amend the several acts incorporating the village of Cave Spring in the cennty of Floyd, to regulate the collection of street taxes by the marshal of the village, and to define when and how the same shall be levied and collected, and for other purposes. Also, a bill to be entitled an act to amend the several acts incorporating the village of Cave Spring in the county of Floyd, to define the duties and powers of the mayor, councilmen, marshal, recorder, to regulate the salaries of said officers, and for other purposes. Respectfully submjtted. C. W. SMITH, Chairman. The following bills of the House were read the first time and referred as indicated, to-wit: X bill to define and limit the use of the Capitol building and grounds. Referred to the Committee on Public Property. A bill to amend an act to prohibit the holding of more than one county office by one person at one time, etc. Referred to the General Judiciary Committee. A bill to amend section 3514 of the Code of Georgia, and for other purposes. Referred to the General Judiciary Committee. A bill to amend an act to fix with certainty, on the dockets, the places of cases in which new trials are 230 JouRNAL oF TliE SE;NATE. granted by the Supreme Court, approved November 12, 1889. Referred to the Co~mittee on General Judiciary. A bill to amend an act to define the rights of landlords, to declare the effects of certain contracts, etc., aI?proved November 5, 1889, and for other purposes. Referred to the General Judiciary Committee. A bill to -authorize the judges of the Superior Courts in this State to appoint a special bailiff in counties containing a city of sixty thousand population or more, etc. Referred to the General Judiciary Committee. A bill to amend the charter of the city of Gainesville. Referred to the Special Judiciary Committee. A bill to amend section 4527 of the Code of 1882, and for other purposes. Referred to thB General Judiciary Committee. A bill to authorize the county authorities having control of the county chaingangs in this State to establish.camps, and to work and control said convicts beyond the limits of the county to which said convicts belong for the purpose of providing material for public roads, and for other purposes. Referred to the Committee on the Penitentiary. The Ron. F. G. duBignon was invited to a seat in the Senate, by resolution of Mr. Pinson. WEJtNEsDAY, NoYEMBER 30, 1892. 231 The Senate went into executive session, and having -spent some time therein returned to open session. The following resolutions from the House were read the first time, and referred as severally indi-cated, to-wit : A resolution for- the relief of James E. Love. Referred to the Committee on Finance. A resolution to authorize the State Treasurer to pay the face amount ($1,000) and interest coupons due on bond No; 193, issued by authority of an act of the General A~sembly, approved January 15, 1872, and due January 1, 1892, which is owned by Dr. A. W. Calhoun. Referred to the Committee on Finance. A resolution to authorize the payment of pensions to thirty-eight widows of Confederate soldiers, etc. Referred to the Committee on Finance. The following bills were introduced, read the first time and referred as indicated, to-wit : By Mr. Hackett- l!'or the better care and humane treatment of misdemeanor convicts in the several chaingangs of the State, etc., and for other purposes. . Referred to the Committee on the Penitentiary. By Mr. Fitzgerald- A bill to authorize the Commissioners of Roads 'and Revenues for the county of Stewart to issue 232 JOURNAl, OF THE SENATE. coupon bonds to an extent not to exceed $25,000, bearing interest not exceeding six per cent. per annum, etc., for the purpose of building a court house in the county of Stewart, and for other purposes. Referred to the Committee on Finance. By Mr. Smith of the Fifteenth District- A bill to provide for the payment of per diem to the members of County Boards of Education in this State, and for other purposes. Referred to the Committee on Public Schools. By Mr. Smith of the Thirty-fourth District- A bill to amend section 4159 of the Code of Georgia, and for other purposes. Referred to the General Judiciary Committee. By Mr. Russell- A bill to alter and amend the charter of the city of Brunswick, approved November 12, 1889, and for other purposes. Referred to the Special Judiciary Committee. By Mr. MonkA bill to provide for the registration of the qualified voters of Taylor county, and for other purposes. Referred to the Special Judiciary Committee. By Mr. Edwards- A bill to amend an act to require and provide for WEDNESDAY, NoYEMBER 30. 1892. 233 the registration of all voters in the county of Oconee, and for other purposes. Referred to the Special Judiciary Committee. The Senate took up the report of the General Judiciary Committee on the bill of the Senate requiring insurance companies to pay the full insurance contracted for on buildings in case of loss, and requiring the valuA of a building insured to be determined before a policy of insurance is issued thereon. 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 Senate to amend the several acts incorporating the village of Cave Spring in the county of Floyd, to define the duties and powers of the mayor and councilmen, marshal and recorder, to regulate the salaries of said officers, 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 Senate to amend the several acts incorporating the village of Cave Spring, in the county of Floyd, to regulate the collection of street taxes. by. the marshal of the village, and to 16 234 JouRNAL OF THE SENATE. define when and how the same shall be levied and collected, and for other purposes. Proof of publication 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 Corporations on the bill of the Senate to amend the charter of the village of Cave Spring ; to provide for the registration of legal voters who may participate in the election for mayor and councilmen, and -of such other officers as the charter requires elected by the popular vote ; to define who shall be constituted legal voters, and for other purposes. Proof of notice by publication was submitted. The committee reported in favor of its passage, with an amendment, which was adopted, and thereport was a.greed to. The bill was read the third time and passed, as amended, ayes 30, nays 0. On motion of Mr. Pinson, the bill of the Senate authorizing the city of Newnan to make an additional issuance of bonds for school purposes was read the second time and recommitted. The bill of the Senate to amend the charter of Atlanta in relation to the business of gas companies, etc., and for other purposes, was read the second time and recommitted. WEDNESDAY, NoYEMBER 30, 1892. 235 The following bills of the Senate were read the second time and passed to a third reading, to-wit: . A bill to amend sub-section (f) of an act to repeal paragraph 1 of section 3854 of the Code. A bill to facilitate the collection of judgments rendered by the courts of Georgia. A bill to amend section 1286 of the Code of Georgia. A bill to amend section 3406 of the Code of Georgia. A bill to amend an act to amend, revise and consolidate the common school laws of Georgia. A bill to amend an act incorporating the town of W alesca, approved November 13, 1889. A bill to amend an act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the acts amendatory thereof, so as to authorize the issue of $250,000 of the bonds of said city to complete and equip the water works, and for other purposes. And, a bill to make it a felony to throw at, towards or into any car or cars, any rock, stone or other missile which is in its character a weapon likely to produce death, etc. 'rhe following bills of the House were read the second time and passed to a third reading, to-wit : A bill to amend section 4095 of the Code of 1882, etc., and for other purposes. And, a bill to amend section 3910(d) of the Code of Georgia, etc. 236 JOURNAL OF THE SENATE. 'rhe Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved August 29, 1885, entitled an act to provide for the registration of voters to vote at municipal elections in the city of Savannah, and for other purposes, hy changing the time during which the registrars shall attend for the purpose of registration, and for other purposes. Proof of legal notice was ~ubmitted. The report was agreed to. The bill was read the third time and passed, ayes 31, nays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House to change the time of holding Hancock Superior Court ; to provide for two weeks session, and for other purposes. The report was agreed to. The bill was read the third time and passed, ayes 31, nays 0. '!'he Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal an act to provide for and reqnire the registration of voters in Newton county, and for other purposes, approved 8eptember 22, 1887. Proof of legal notice was submitted. The report -was agreed to. The bill was read the third time and passed, ayes 31, nays 0. WEDNESDAY, NoYEMBER 30, 1S92. 237 The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the registration law of Mcintosh county. Proof of legal notice was submitted. '!'he report was agreed to. The bill was read the third tjme and passed, ayes 30, tiays 0. The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the act establishing a Board of County Commissioners for Decatur county, approved December 13, 1871, and all acts amendatory thereof, 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 Special Judiciary Committee on the bill of the House to. repeal an act to organize a county court in each of the -counties of Calhoun, Baker, Quitman and Miller ; to -define their jurisdiction, and for other purposes, approved March 2d, 1874, so far as the same relates to the county of Quitman. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, ayes 29, nays 0. 238 JOl"RNAL OF THE SENATE. The Senate took up the report of the General Judiciary Committee on the bill of the House for the protection of the State capitol building, the approaches thereto, etc., etc., 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 th~ third time and passed as amended, ayes 29, nays 0. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock .A.M. to-morrow. . SENATE CHA~IBER, ATLANTA, GEORGIA, 'rhursday, December 1, 1892, 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. Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, Edwards }lcAfee, Matthews, Monk, Moore, Pereons, Pinson, Pope, Reaves, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, . Whittaker, Wilson of 11th Dist., ~Vilson of 13th Dist., THURSDAY, DECEMBER 1, 1892:" 239 Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Johnson, Reese, Rembert., Robbe, Robinson, Russell, Scaife, Sirmans, Wilcox Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on JournalR, reported the journal correct. It was then read and confirmed by the Senate. Mr. Robbe, Chairman of the Committee on Public Schools, submitted the following report : Mr. President: Your Committee on Public Schools have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the sam~ do pass, to-wit : A bill to be entitled an act to authorize the mayor and city council of Eatonton to establish and maintain a system of public schools for said city, to levy and collect a tax for establishing and maintaining the same, and providing for the payment of said tax ' to the trustees of the white and colored schools of said city, and for other purposes. Respectfully submitted. C. A. RoBBE, Chairman. Mr. Hackett, Chairman of Committee on Penitentiary, submitted the following report : Mr. President: Your committee have had under consideration the following House bill which they instruct me to report 240 JouRNAL Ol<' THE SENATE. back, with the recommendation that the same do pass as amended, to-wit : A bill to be entitled an act to authorize the county .authorities having control of any county chaingang in this State to establish camps, and to work and control said convicts beyond the limits of the county to which said convicts belong, etc. 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 for the better care and humane treatment of misdemeanor convicts in the several chaingangs of the State, and to provide for keeping a record of the same, and for their visitation and inspection, and to make it the duty of the clerk of the court in certain cases to make a report to the principal keeper of the penitentiary, and for other purposes. Respectfully submitted, A. T. HACKETT, Chairman. Mr. Edwards, Chairman on Special Judiciary Committee, submitted the following : Mr. President: Your Committee on Special Judiciary have had under consideration the following Housa bills, which they instruct me to report back, with the recommend ation that the same do pass, to-wit : A bill to be entitled an act to repeal seetion 2 of an act entitled an act to amE.>nd an act entitled an act for the protection of gam~ and birds in the county of THURSDAY, DECEMBER 1, 1892. 241 Maco~, and for other purposes, approved December 29, 1888. Also, a bill to be entitled an act to amend the twenty-second section of the act approved September 9, 1871J, establishing a city court of the county of Clarke, I!!O as to provide that the second term after the declaration is filed shall be the trial term in all dvil cases, and for other purposes. Also, a bill to be entitled an act to amend the charter of Mount Vernon. Also, a bill to be entitled an act to establish a county court in and for the county of Bryan. Also, a bill to be entitled an act to amend an act approved February 28, Hl76, creating a Commission <>f Roads and Revenues in the county of Troup. Also, a bill to be entitled an act to repeal an act entitled an act to abolish the county court of Jeffer-son county, to provide for the disposition of business therein pending, and for other purposes, approved September 19, 1889. 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 repeal an act entitled an act to require and provide for the registration of all the voters in the county of J e:fferson, to provide for carrying the same into effect, and to prescribe a punishment for illegal registration and illegal voting, approved October 14, 1891. Also, the following Senate bill, which they instruct 242 JOURNAL OF THE SENATE. me to report hack, with the recommendation that the same do pass, to-'Wi.t: Also, a bill to be entitled Ml act to amend the act of August 6, 1891, establishing the Criminal Court of Atlanta., by providing the manner of filling vacancies in the judgeship when the same occurs, when legislature is not in session. Respectfully submitted. E. F. EDw.A.RDs, Chairman. Mr. Corput, Chairman of the Committee on Finance~ submitted the following report : Mr. President: Your Committee on ~,inance have had under consideration the following Senate bills which they instructed we to report back, with the recommendation that the same do not pass, to-wit : A bill to be entitled an act to amend sub-seotion S. of s~ction 1288 of the Code of Georgia. Alsu, a bill to be entitled an act to amend section 1287 of the Code of Georgia, and for other purposes. . Also, the following House resolutions which they instruct me to report back, with the recommendation that the same do pass as amended, to- wit : A resolution to authorize the payment of pensions to thirty-eight widows of ConfeAY, DEcE~IBER 5, 1892. 281 The bill of the House to amend an act approved September 23, 1883, to submit to the qualified voters of Whitfield county, or any militia district therein, whether liquors shall be sold in said county or district, was read the first time and referred to the Special .Tudiciary Committee. The resolution of the House providing for a joint committee to examine and report upon Sutton's "Georgia Justic~" was read the first time and referred to the General Judiciary Committee. The following Senate resolution was taken up in its order, read and concurred in, to-wit : Resolved, That for the remainder of the session the hour of meeting of the, Senate shall be nine o'clock A.M. instead of ten o'clock A.M. The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend an act to require and provide for the registration of all voters in the county of Oconee and to provide for carrying the same into effect, and for other purposes, approved December 26, 1888. 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 or the Special Judiciary Committee on the bill of the Senate to alter and amend the charter of the city of Brunswick, approved November 12, 1889, and for other purposes. 19 2S2 ,JOURXAL OF THE SENATE. 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 bill of the House to repeal all of the 2d section of an act approved September 20, 1887, entitled an act to create the office of solicitor for the County Court of Macon county, was taken up on its third reading, and on motion of Mr. Wilson of the Thirteenth District, was laid on the table. The Senate took up the report of the Committee on the Penitentiary on the bill of the House to authorize the county authorities having control of any county ~haingangs in this State to establish camps and to work and control said convicts beyond the limits of the county to which said convicts bPlong for the purpose of providing material for public roads, and other public 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 on the question of its passage as amended, .Mr. Smith, of the Thirty-fourth District, demanded the ayes and nays, which were recorded. Those who voted in the affirmative are Messrs.- Blalock, Chambers, Corput, Crawford, Davis, Humphries, McAfee, :Matthews, Moore, Pope, Russell, Scaife, Sirmans, Smith of 41st Dist., Thompson, MoNDAY, DECEMBER 5, 1892. 283 'Fitzgeraid, Fl61lling, Hackett, Hatcher, Reaves, Rembert, Robbe, Robinson, Whittaker, Wilcox, Wright of 88th Dist. Those who voted in the negative are Messrs.- Persons, Smith of 34th Dist., Wilson of 13th Dist. There are ayes 26 ; there are nays 3. So the bill was passed as amended by constitutional ~ajority. The Senate took up the report of the Committee on Special Judiciary on the bill of the House to amend the charter of the city of Gainesville. 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 bill to amend sub-section 8 of section 1288 of the Code was taken up under adverse report of the Finance Committee and lost by agreement with said report. Mr. Davis introduced the following bill which was read the first time and referred to the Special Judi~iary Committee, to-wit: A bill to authorize the mayor and council of Toccoa to issue bonds for the erection and equipping school buildings in said town, and for other purposes. Mr. Wilson, of the Thirteenth District, introduced a bill to provide for the holding of annual and monthly- teachers' institutes in the State of Georgia, 284 .JouRNAL o~' THE SEXATE. etc., and for other purposes, which was referred to the Committee on Education. Mr. Robbe offered the following resolution which was read and referred to the Committee on the Lu natic Asylum, to-wit: WHEREAs, It is the unanimous opinion of the Board of Trustees and the Officers of the Georgia State Lunatic .Asy1um, as well as many others, who are acquainted with the facts, that in the near future it. will be absolutely necessary, in order to accommodate the constantly increasing number of applications for admission into the lunatic asylum, to build additional buildings for their accommodation, and it is the opinion of many that when the additional buildings are constructed, they should be built in some part of the State remote from the present asylum. Therefore, be it resolved by the Senate, the House concurring, That a committee of two from the Senate and three from the House be appointed to obtain plans of such buildings as are deemed, necessary, and submit the same, with estimates of their cost and with such other information as may be necessary to a full understanding of the expense of construction and location, to the next session of the General Assembly. The Senate adjourned, on motion until 9 o'clock A. M. to-morrow. TUESDAY, DECEMBER 6, 1S92. 2R5 SENATE CHAMBER: ATLANTA, GEORGIA, Tuesday, December. 6, 1892, 9 O'clock _o\. 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: Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, Edwards, Fitzgerald, Fleming, -Gholston, Hackett, Hatcher, Humphries, .Jenkins, Johnson, McAfee, Matthews,, :Monk, Moore, Person~, Pinson, Pope, Reaves, Reese, Rembert, Robbt, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, 'Vooten, Wright of 1st Dis~., Wright of 38th Dist., )fr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the Journal correct. It was then read :and confirmed by the Senate. Mr. Smith, of the Thirty-fourth District, moved a ;reconsideration of so much of the Journal of yesterday as relates to the passage of the bill of the House to authorize the county authorities having control of .any county chaingangs in this State to establish .camps and work and control convicts beyond the limits of the county to which said convicts belong for 286 .JouRNAJ, oF THE SE:SATE. the purpose of providing material for public roads and other public purposes. On motion of Mr. Hackett, the motion to reconsider was laid on the table. 'fhe special order for this day was taken up and, on motion of Mr. Hatcher, was discharged for this day and made the special order for Friday next at 10. o'clock A. l\L, to-wit : A bill of the House to authorize and direct the Governor and Treasurer of this State to issue bonds of the State to the amount of $368,000, etc., and for other purposes. ( On motion of Mr. Jenkins, the following bill of the House was taken from the Committee on Railroads,. read and recommitted, to-wit: A bill to define and limit the right and power tohold and vote shares in the capital stock of railroad. companies by trustees and other representatives, andl by persons holding such shares jointly or in common,. and by corporations, to prescribe oaths for persons offering to vote shares as aforesaid and to fix the penalty for false swearing in the same, and for other purposes. Mr. Smith, Chairman of the Committee on Corporations, submitted the following report : . /lfr. 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: TuEsDAY, DECEMBER 6, 1892. 287 A bill to confirm certain ordinances of the city council of Augusta. Also, as amended, a bill to incorporate the town of Leslie in the county of Sumter. Respectfully submitted. C. W. SMITH, Chairman. Mr. Robbe, Chairman Committee on Public Schools, submitted the following report : Mr. President: Your Committee on Public Schools have had under consideration the following Senate bills which they instruct me to report back, with the recommendation that same do pass, to-wit : A bill to be entitled an act to establish a system of public schools in the town of Roswell in Cobb county, to provide for the election of a school.board, to levy tax for support of same, and for other purposes. Also, a bill to be entitled an act to amend an act entitled an act to amend section 12 of the common school laws of Georgia, approved October 27, 1887, so as to create or to establish county teachers' institutes, and for other purposes, by striking the following words, beginning at the forty-second line of said act, to-wit: To require the County Board to pay teachers when schools have to be closed on account of said weekly sessions of said institutes their regular salaries, and for other purpoi:~es. Also, the following House bill do pass as amended : A bill to be entitled an act to authorize the mayor and city council of Eatonton to establish and main- .. 288 JOFRXAL OF THE SENATE. tain a system of public Mhools for said city, to levy and collect tax for maintaining same, payable to the trustees of the white and colo.red schools of said city, and for other purposes. Also, the following Senate bill do not pass, to-wit : A bill to be entitled an act to provide for the payment of per diem to the members of County Boards of Education in this State-and to designate the fund from which this per d-iem is to be paid. Respectfully submitted. C. A. RoBBE, Chairman. The following message was received from the House through Mr. Hardin, the Clerk: Mr. President: The House has concurred in the Senate amend ment to the following House bills, to-wit : A bill repealing the act providing for the registration of all voters in the county of J e:fferson, and for other purposes. Also, a bill defining and limiting the use of the capitol building and grounds, and for other purposes. The House has ~lso passed the following Senate bill by the requisite constitutional majority, to-wit : A bill to change the name of the Georgia Institute for the Education of the Deaf and Dumb. TuESDAY, DEcE~mJo::R 6, 1892. 289 The House has also passed by the requisite constitutional majority the following House bills, to-wit : A bill to fix the time of holding the Superior Court in the county of Rabun. Also, a bill to prescribe a punishment for shooting or throwing missiles at railroad trains. Also, a bill to amend an act entitled an act to amend section 3331, so as to correct a mistake in quoting said section of the Code, and for other purposes. Also, a bill to amend section 7 of the act approved December 3, 1880, establishing a City Court for the city of Griffin, and for other purposes. Also, a bill to incorporate the town of Etna, and for other purposes. Also, a bill to alter and enlarge the incorporate limits of the town of Bremen. Also, a bill to approve the grant by the mayor and aldermen of the city of Savannah to the Savannah 1_'heater Company of nine feet on Bull street in said city, and for other purposes. Also, a bill to legalize the occupancy of wharf ~ ()cmulgee street in the city of Macon, by the Ea.st Tennessee, Virginia and Georgia Railway Company, etc. Also, a bill to amend section 3266 of the Code of Georgia of 1882 ; also, section 3271 of the Code of 1882 o~ Georgia, and for other purposes. Also, a bill to authorize all incorporated towns and dties in this State to receive donations of any prop- 290 .JouRNAL oF THE SE~ATE. erty, real or personal, that may be given to them in any manner whatsoever, and for other purposes. Also, a bill to change the time of holding superior court in the county of Lee. The House has also adopted the following joint resolution, in which the concurrence of the Senate is asked, to-wit : A. resolution providing for the indexing of the journals for the House of Representatives and the Senate, for the sessions of 1892 and 1893, and for other purposes. Mr. Wilson, Chairman of the Committee on Lunatic Asylum, submitted the following report : .Mr. President : Your Committee on Lunatic Asylum have had under consideration the following Senate resolution, which they instruct me to report back, with the recommendation that the same do pass, to-wit : A resolution that a committee of two from the Senate and three from the House be appointed to investigate the Georgia Lunatic Asylum, and to obtain plans of such buildings as are deemed necessary, and to submit the same with estimate of their cost, and with such other information as may be necessary to a full understanding of the expense of construction and location, and submit the same to the next session of the General Assembly of Georgia. Respectfully submitted. WM. A. WILSON, Chairman. TUESDAY, DECEMBER 6, 1892. 291 Mr. Persons, Chairman pro tem. of the Committee on Enrollment, submitted the following report: Mr. President: The Committee on Enrollment have had under consideration the following Senate bills, which they report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, .and the Speaker and Clerk of the House, to-wit : An act to amend an act to create a Board of Commissioners for the county of Mcintosh and the city of Darien, etc. Also, an act to create a Board of Commissioners for the city of Darien, etc. Respectfully submitted. A. P. PERSONS, Chairmanpro tem. Mr. Hatcher, Chairman protem. of the General Judiciary Committee, submitted the following report ~ Mr. President: Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do pass, to-wit: A bill to amend section 3736 of the Code, and for other purposes. Also, a bill to amend section 4159 of the Code of Georgia, and for other purposes. Also, a bill to regulate the practice before the Supreme Court, and to prevent the dismissal of cases therein upon technical grounds, etc. 292 JOCRNAL OF THE SENATE. Also, a bill to suspend the statutes of limitations as to executions against defendants who have taken homesteads during the existence of the homestead -estate. Also, a bill to amend section 3149(a) of the Code as amended by acts of 1889, providing for creditors' bills against insohTent corporations, trader or firm of traders, which they recommend do pass as amended. Also, a bill to amend section 281 of the Code of Georgia, by repealing the last sentenc~ in said section, which they recommend do pass as amended. Also, the following House bills which they instruct me to report back, with the recommendation that the same do pass, to-wit: A bill to amend an act entitled an act to fix with certainty on the dockets the places of cases in which new trials are granted by the Supreme Court, approved November 12, 1889. Also, a bill to amend an act to define the rights of landlords, and for other purposes, approved N ovember 5, 1889. Also, a bill to authorize judges of the Superior Courts to appoint a special bailiff in counties containing a city of sixty thousand population or more, and for other purposes. Also, a bill to change the time of holding the Superior Court of Morgan county. Also, a bill to change the time Of holding the Superior Court of Rockdale county, and for other purposes. TuESDAY, DECEMBER 6, 1892. 2!l3 Also, the following House bills which they recommend do not pass, to-wit : A bill to prohibit in this State the holding of more than one county office by one person, and for other purposes. Also, a bill to amend section 4527 of the Code of 1882, and for other purposes. Also, a bill to provide for changing the time of holding Justice Courts. Also, a bill to amend the acts establishing City Courts in certain counties, so as to allow judges of City Courts in certain counties to practice. Also, a bill to require deposits for costs for nonresident plaintiffs in Justice Courts in this State. Also, a bill to amend an act entitled an act to amend the fence laws of this State, and to repeal section 1449 of the Code of Georgia, approved November 26, 1890. Respectfully submitted. SA~IL. B. HATCHER, Chairman protem. Mr. Persons, Chairman pro tem. of the Committee on Enrollment, submitted the following report : Mr. President: The Committee on Enrollment have had under consideration the following Senate bill which they report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, to-wit : An act to amend section J496 of the Code of Geor- :294 JoURNAL OF THE SENATE. gia, so as to change the length of time which notice -shall be published by any stockholder upon sale of his stock in any banks or corporation, to relieve such stockholder from individual liability, and to prescribe the newspaper in which notice is to be given. Also, the following : Concurrent resolution requesting our Senators and Representatives in Congress to support the Hatch bill. Respectfully submitted. A. P. PERSONS, Chairman pro tern. Mr. Persons, Chairman pro tern. 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 and the Speaker and Clerk of the House, the following Senate bill, to-wit : An act to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sundays. Respeetfully submitted. A. P. PERSONs, Chairman pro tern. Mr. Persons, Chairman pro tern. on Enrollment, csubmitted the following report : Mr. President: The Committee on Enrollment report as duly enrolled and signed by the Speaker and Clerk of the House; and ready for the signatures of the President TuEsDAY, DECEMBER 6, 1892. 295 and Secretary of the Senate, the followiug House acts, to-wit : An act to amend the registration law of Mcintosh , Smith of 19th Dist., Thompson, Whittaker, Wilson of 13th Dist., Wilcox, Wright of 1st Dist.. Those who voted in the negative are Messrs.- Chambers, Crawford, Dennard, Edwards, Hackett, Hatcher, Humphries, .Jenkins, Johnson, McAfee, Moore, Persons, Reaves, Reese, Rembert, Robinson, Russell, Sirmans, Smith of ~5th Dist., Smith of 34th Dist., Smith of 41st Dist., Wright of 38th Dist. There are ayes 12 ; there are nays 22. So the motion to disagree to the adverse report did not prevail. The bill was then lost by agreement with said ad verse report. On motion of Mr. Fitzgerald, the bill of the Hoose :~00 .Jot:RNAL OF THE 8Jo~NATE. to amend an act to amend the fence laws of this State and to repeal section 1449 of the Code, etc., was recommitted to the General Judiciary Committee. Leave of absence was granted Mr. McAfee for tomorrow. By resolution of Mr. Scaife, the Hon. W. G. Sheats was invited to a seat in the Senate. The bill of the Senate to enable the payees, holders or owners of promissory notes, or other debts or obligations for the payment of money secured by deed conveying real estate and other property to a trustee to file a reconveyance and levy and sell the land or other property, etc., was recommitted to the General Judiciary Committee. The bill of the Senate prescribing how mortgaged property may be sold under a power of sale in the mortgage was taken up under adverse report of the General Judiciary Committee, and on motion of Mr. Hatcher, recommitted to said committee. The following bills were int.roduced, read the first time and referred as indicated, to-wit : By Mr. Robinson- A bill to amend an act to revive the office of State Geologist, and to provide for a geological, mineralogical and physical survey of the State Qf Georgia, and for other purposes, approved November 12, 1889. Referred to the Committ~e on Mines and Mining. By Mr. Smith of the Thirty-fourth DistrictA bill to preecribe the measure of damages to be recovered on forthcoming bonds. Referred to the General Judiciary Committee. 'l~uESDAY, DECEMBJ<;u fl, 1892. 301 By Mr. Edwards- A bill to appoint a County Commissioner of Agri- . <}ulture for ~ach and every county in this Sta.te, etc., and for otherpurposes. Referred to the Committee on Agriculture. The Senate took up the report of the Committee on Public Schools on the bill of the House to authorize the mayor and city council of Eatonton to establish. -and maintain a system of public schools for said city, ;and for other purposes. Proof of legal notice was submitted. The committee reported in favor of the passage of t.he bill with an amendment, which was adopted. The report was agreed to. The bill was read the third time and passed, as . -amended ; ayes 34, nays 0. 'fhe Senate took up the report of the Committee on the Lunatic Asy1um on the bill of the Senate to amend an act for the protection of persbns confined in the insane asylum of this State it1 their right to communicate with their friends, etc., and for other purposes, approved October 21, 1891. The report was agreed to. The bill was read the third time and passed ; ayes ss, nays 0. The Senate took up the report of the Committee on :the Penitentiary on the bill of the Senate for the 302 .JouRNAL OF THE SENA'l'E. better care and humane treatment of misd~meanor convicts, 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 a& amended ; ayes 36, nays 0. The Senate took up the report of the Committee onr Public Schools on the bill of the Senate to establish a system of public schools in the town of Roswell,. and for other purposes. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed ; ayes33, nays 0. The following bills of the House were read the sec- ond time and :rassed to a third reading, to-wit : A bill to change the time of holding the SuperiorCourt of Le~ county. A bill to change the time of holding the Superior Court of Rockdale county. A bill to amend an 'act to fix with certainty on the dockets the places of cases in which riew trials are granted by the Supreme Court, approved November 12, 1889. A bill. to amend an act to define the rights of landlor.:Is, to decla,re the effects of certain contracts and TuEsDAY, DEcEMBER fi, 1892. 303 make it penal for any cropper in certain cases to sell or dispose of crops, etc., and for other purposes. And a bill to authorize the judges of the superior courts in this State to appoint a special bailiff, etc., 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 section 281 ofthe Code of Georgia. A bill to amend section 3736 of the Code, and for other purposes. A bill to regulate the practice before the Supreme Court, to prevent dismissal of cases on technical grounds, etc., and for other purposes. A bill to amend section 4159 of the Code of Georgia, and for otlier purposes. A bill to amend an act to amend section 12 of the Cominon School Laws of Georgia approved October 27, 1887, and for other purposes. A bill to suspend the statutes of limitations as to executions against defendants who have taken homesteads during the existence of the homestead, and for other purposes. A bill to amend section 3149(a) of the Code, and for other purposes. - A bill to incorporate the town of Leslie, in Sumter county; and A bill to confirm certain ordinances of the city (iouncil of Augusta. 304 .JouRXAL m THE SENA'rE. 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 CHA~lBER, ATLANTA, GEORGIA, Wednesday, December 7,1892, 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 to their names : Blalock, Chambers, Corput, ' Crawford, Daley, l)avis, Dennard, Edwards, Fitzgerald, Fleming,, Gholston, Hackett, Hatcher, Humphries, Jenkins, Johnson, l\1cAfee, 1\'Iatthews, Monk, Moore, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of lath Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Jour. nals, reported the Journal correct. It was then read and confirmed by the Senate. Mr. Robbe moved a reconsideration of so much of the J outnal of yesterday as relates to the refusal to \VEDNESJJAY, DECEMBER 7, 1892. 3(;.5 pass the bill of the House to prohibit the holding of more than one county office at the same time by any one person. The motion did not prevail. 'fhe President announced the following as the committee on the part of the Senate under joint resolution from the House to provide a joint committee to inquire whether there have been violations of the Convict Lease Act of 1876, to-wit : Messrs. Hackett, Reese and Chambers. The following committee was appointed by the President, under resolution of Mr. Robbe, on preparatory steps to the making of changes in buildings of the lunatic asylum, to-wit: Messrs. Robbe and vVilson of the Thirteenth District. Mr. Blalock gave notice of a minority report on the bill to amend the law granting pensions to Confedrate widows. Mr. Corput, Chairman Finance Committee, submitted the following report : Mr. President: Your c~mmittee have had under consideration the following House resolution which they instruc~ ipe to report back, with the recomi;Uendation that the same do pass, to-wit : A resolution providing for the indexing of the .Journals for the Hoo~e and the Senate for the sessions of 1892 and 1893, and for other purposes. Also, the following resolution which they instttlht me to report back, with the recommendation .that t~ame do pass as amended, to-wit: 306 .JOURNAL OF fHE ~.ENATE . A resolution to authorize the State Treasurer to pay the face amount, one thousand dollars, and interest coupons due on bond No. 193, issued by authority of an act of the General Assembly approTed January 15, 1872, and due January 1, 1892, which is owned by Dr. A. W. Calhoun. Also, a bill which they instruct me to report back, with the recommendation the same do pass by sub- stitute, to-wit : A bill to be entitled an act to amend an act entitled an act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890, so as to change the amount of the annual pensions, and for other purposes. Also, a bill to be entitled an act to authorize the Commissioners of Roads and Revenues for the county of Stewart to issue coupon bonds to an extent not t.o exceed twenty-five thousand dollars bearing interest not to exceed I:S per cent. per annum payable semiannually, for the purpose of a new court house in the town of Lumpkin, in the county of Stewart ; to provide for the creation of said county debt and payment of same; of submitting thP. question of issuing said bonds to the qualified voters of said county for ratification or rejection, and for other purposes. Respectfully submitted. FELIX CoRPUT, Chairman. Mr. l!'itzgerald, Chairman-c CoJUmittee on Agriculture, submitted the following report :. Mr. President: Your committee have had under consideration the following House bill which they instruct me to report. WEDNESDAY, DECEMBER 7, 1S92. 307 back, with the recommendation that the same do pass, to-wit: A bill to be entitled an act to repeal an act entitled an act to prohibit the sale of seed cotton in the county of Jefferson from the loth of August to the 24th of December, and to provide a penalty for theviolation of the same, approved October 14, 1891. Respectfully submitted. W .. W. FITZGERALD, Chairman. Mr. Reese, Chairman bf the General Judiciary Committee, submitted the following report: Mr. President: , Your committee have had under consideration thefollowing Senate bill which they instruct me to report back, with the recommendation that the introducer have leave. to withdraw the same, as a bill covering the same matter has become a law, to-wit : ' A bill to repeal an act entitled an act to providefor a Board of Equalization of real and personal property subject to taxation in this State, and forother purposes. Also, a bill to repeal an act to provide a Board of Equalization of real ~nd personal prpperty subject to taxation in this State, approved August 14, 1891, with the recommendation that the introducer have leave to withdraw the same.. Also, the following House bills which they recommend do pass, to-wit : A bill to provide that all bills, resolutions and ali other matters pending in the Senate and House of 30~ .JoeuNAL o~' THE SENATE. Representatives at the close of the first session of each General Assembly shall go over to the second session of such General Assembly as unfinished business. Also, a bill to amend section 8514 of the Code of Georgia. Also, a resolution to appoint a Joint Committee of three from the Ho11se and two from the Senate to examine the manuscript of the "Georgia .Justice" prepared by Judge ther purposes.. Referred to the General Judiciary Committee. The resolution of the House to appoint committee to examine and report upon Sutton's Digest was lost by agreement with the adverse report of the General Judiciary Committee. '!'he following bills of the Senate were withdrawn by the movers, with consent of the Senate, to-wit : A bill to repeal an act to provide for a Board of Equalization of real and personal property subject to taxation, introduced by Mr. McAfee, and a bill of identical title introduced by Mr. Reaves. "'EDNESDAY, DECEMBJo;R 7, 1892. 311 The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has passed by the requisite constitutional majority the following House bills, to-wit : A bill to amend section 178 of the Code of Georgia Qf 188.J. Also, a bill to incorporate the town of Carlton in the county of Madison, and for other purposes. The following bills and resolutions of the Senate were read the second time and passed to a third reading, to-wit : A bill to amend section 3514 of the Code of Georgia. A bill to amend section 94R(a) of the Code of Georgia. A bill to provide that all bills, resolutions and all Qther matters pending in the Senate and House of Representatives at the close of the first session of each General Assembly shall go over to the second session of such General Assembly as unfinished business, and for other purposes. A bill to repeal an act to prohibit the sale of seed .,otton in the county of Jefferson from the 15th of August to the 24th of December. .,.. bill to amend an act to allow pensions to certain Confederate widows. A resolution to authorize the State Treasury to pay the full amount of $1,000' and interest coupons due .JouRNAL OJ<' THE SENATE. on bond No. 193, issued by authority of an act of the General Assembly, approved January 15, 1872, and due January 1, 1892, whieh is owned by Dr. A. W. Calhoun. And a resolution providing for the indexing of the Journals of the House o.f Representatives and the Senate for the sessions of 1892 and 1893, 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 authorize the mayor and council of 'foccoa to issue bonds for erecting and equipping school buildings, etc. A bill to authorize the Commissioners of Roads and Revenues of Stewart county to issue coupon bonds, etc., etc., and for other purposes. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to regulate the practice before the Supreme Court; to prevent dismissal of cases upon technical grounds, etc., and for other purposes. The report was agreed to. 'fhe 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 Senate to amend section 4159 of the Code, etc., and for other purposes. The report was agreed to. WEDNESDAY, DECMMBER 'i, 1892. 313 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 Senate to incorporate the town of Leslie, in Sumter county, etc., 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. The Sennte took up the report of the General Judiciary Committee on the bill of the Senate to amend section 3149(a) of the Code, as amended by acts of 1889, providing for creditors' bills against insolvent corpo~ations, trader or firm of traders, and for other purposes. The committee reported in favor of its passage, with an amendment, which was aaopted, and the report was agreed to. The bill was read the third time and passed, as amended, ayes 23, nays 0. The Senate took up the report of the Committee on Corporations on the bill of the Senate to confirm certain ordinances of the city council of Augusta, and for other purposes. Proof of legal notice was submitted. The report was agreed to. 21 314 .JonR~AL o~ 'rHE SENATE. 'fhe 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 Senate to suspend the statutes of limitations as to executions against defendants who have taken homesteads during the existence of the homestead estate, 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 Senate to amend section 281 of the Code was taken up under report of the General Judiciary Committee, which 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 lost, there being ayes 11, nays _17. The Senate took up the report of the General Judidary Committee on the bill of the Senate to amend section 3736 of the Code. The report was agreed to. The bill was read the third time and passed, ayes 24, nays 2. 'l'he following bills of the House were read the first time and referred as indicated, to-wit : A bill to amend section 178 of the Code of Geor- 'VEnNESDAY, DECEMBER "i, 1X92. :H5 gia, so as to change the time for the meeting of the General Assembly at the second annual session. Referred to the General Judiciary Committee. A bill to incorporate the town of Carltonville in the -county of Madis~m, and for other purposes. Referred to the Committee on Corporations. On motion of Mr. Wooten, a bill of the House. to :authorize the formation of the Fourth Infantry Battalion of Georgia Volunteers was withdrawn from the Committtee on Military Affairs and after being read the second time was recommitted. The Senate took up the report of the Committee on the General Judiciary on the bill of the House to amend an act to fix with certainty on the dockets the places of cases in which new trials are grante.i. :by the Supreme Court, approved November 12, 1889. 'rhe 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 GeneralJudiciary Committee on the bill of the House to amend an act to define the rights of landlords ; to declare the effects of certain contracts ; to make it penal for .any cropper to sell or dispose of crops in certain ~ases, etc., approved November 5, 1~89, by striking from section 2 thereof the words "with intent to defraud his cropper," and for other purposes.. The report was agreed to. The bill was read the third time and passed, ayes 27, nays Q ." 316 .JOUHNAI. OJ<' THE SJ<:NATE. 'fheSenate took up the report of the G~neral Judiciary Committee on the bill of the House to change the time of holding the Superior Court of Rockdale county, and for other purposes. The report was agreed to. The bill was read the third time aud paseed, ayes: 28, nays 0. The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize the judges of the Superior Courts in this State to appoint a special bailiff in counties containing a city of 60,000 population or more, etc., 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 oi the House to change the time of holding the Superior Court of the county of Lee, etc., and for other purposes. The report was agreed to. The bill was read the third time and passed, ayes 2U, nays 0. Th~ following bills were introduced, read the first time and referred as indicated, "to-wit : By Mr. Matthews- A bill to create and organize a new judicial circuit to be known as the Ogeechee Circuit. Referred to the General Judiciary Committee. WEDNESDAY, DECEMBER /, 1892. 317 :By Mr. Wooten- A bill to provide for the creation of the office of assistant quartermaster in the volunteer forces of this State, etc. Referred to the Committee on Military Affairs. By Mr. Reese- A bill to amend an act to prescribe the manner of taking cases to the Supreme Court, and for other purposes, approved November 11, 188!J. Referred to the General Judiciary Committee. The. bill of the Senate to amend an act to amend section 12 of the Common School Laws of Georgia, which was taken up on its third reading was, on motion, laid on the table. Mr. Wilson, of the Thirteenth District, offered the following resolution which was on motion taken up, read and agreed to, to-wit: Resolvd, That during the absence of the Secretary of the Senate from providential cause, W. E. Candler be, and he is, hereby elected Secretarypro tempore, and is hereby authorized to act for said Secretary during his absence. The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow. 31~ .JouRNAL-OF THE SENATJo:. SENATE CHAMBER, ATLANTA, GEORGIA, Thursday, December 8, 1892, 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.r Chaplain of the Senate. On the call of the roll the following Senators answ_ered to their names : Blalock, Chambers, Corput, Crawford, Daley, Davi8, Dennard, Edwards, Fitzgerald, .Fleming, Gholston, Hackett, Hatcher, Humphries, Jenkin~;, Johnson, McAfet-, Matthews, Monk, Moore, Persons, Pinson, Popt-, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist.,. Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 18th Dist.,. Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report: Jfr. President: Your committee have had under consideration thefollowing Senate bill which they instruct me to re- THURSDAY, DECEMBER ~. 18~2. ~19 port back, with the recommendation that the same do pass, to-wit : A bill to prescribe the measure of damages to be recovered on forthcoming bonds. Also, a bill to prescribe how mortgaged property may be sold under power of sale in the mortgagee, and for other purposes, which they recommend do :not pass. Also, the following House bills, which they recom,mend do pass, to-wit : .A bill to amend section 3266 of the Code, and for .other purposes. Also, a bill to change the time of holding the Superior Court in Lee county, Southwestern Circuit, and for other purposes. Also, a. bill tQ amend an act entitled an act to amend section 3331 Of the Code. Also, a bill to amend the fence laws of this State, and to repeal section 1449 of the Code of Georgia, approved November 26, 1890. Also, a Senate bill to amend section 3406 of the Code of Georgia and to define where certain actions shall be brought against railroad companies in this State, which they recommend do pass. Respectfully submitted. M.P. REESJ<:, Chairman. Mr. Smith, Chairman of the Committee on Corporations, submitted the following report : 320 JouRNAl, oF THE S~o~NATE. Mr. President: Your Committee on Corporations 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 legalize the occupancy of Wharf or Ocm"\].lgee street, in the city of Macon, by tbe East Tennessee, Virginia and Georgia Railway Company, etc. Also, a bill to be entitled an act to alter and enlarge the incorporate limits of the town of Bremen. Also, a bill to be entitled an act to authorize all incorporated towns and cities in this State to receive donations of any property, r~al or personal, that may be given to them by deed of gift, will or otherwise, whether subject to conditions or not, if the governing body of such towns and cities approve the same ; and, also, to authorize them to act as trustees in cases of any gifts or donations for charitable or eleemosynary purposes. Also, a bill to incorporate the town of Etna, 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 amend an act to incorporate the town of Omaha in the county of Stewart, approved October 5, 1891, so as to confine the corporate limits of said town to the original surv.ey of said town. C. W. SMITH, Chairman. THURSDAY, DJoiCl:MBER 8, 1892. B21 Mr. Edwards, Chairman of the Committee on Special Judiciary, submitted the following rel?ort : 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 section 7 of the act approved December 3, 1880, establishing a City Court of Griffin, and for other purposes. Also, a bill to be entitled an act to approve the grant by the mayor and aldermen of the eity of Savannah to the Savannah Theatre Company of nine (9) feet on Bull street in the city of Savannah for the -purpose of remodelling the Savannah theatre. Also, 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 give to the President and Directors of the East Lake Land Company police power over the grounds of said company, and for -other purposes. Respectfully submitted. E. F. EDwARDS, Chairman. The following members of the Finance Committee submitted the following minority report on the bill of the House to prescribe and fix the amount of pensions to be paid Confederate widows of Georgia : 322 .ToURNAI. OI<' nrE RENATE. ]J.fr. President: A minority of your committee dissent from the amount fixed by the majority and recommend that the sum of sixty dollar~ be stricken and the sum of one hundred be inserted. "\Ve do this as a matter of simple justice to the worthy and honorable widows of our Confederate soldiers who gave their lives for what they believed to be right and for the best interest of Georgia. After these long years of suffering and deprivation it seems to a minority of this committee that if this loved charge of Georgia is to -Teceive recognition at the hantls of the Legislature it should be made as substantial as possible, and when we recall to mind that they are now old and are, like their departed husbands, being fast stricken from the roll, we insist that the sum of one hundred dollars is not too much to pay them and that Georgia is both willing and able. A. 0. BLALOCK, S. S. MONK, c. W. MATTHEWS, W. W. FITZGERALD, T. J. SMITH, M. B. PINSON. On motion of Mr. Smith of the Thirty-fourth District, leave of absence was granted Mr. Chambers for this day. Under a suspension of the rules the following bills were introduced, read the first time and referred' as indicated, to-wit : By Mr. Wooten- A bill to exempt from jury duty certain members THURSDAY, DECEMBER 8, 1892. 323: of the Southern Cadets, Company F, Second Regiment Georgia Volunteers, and for other purposes. Referred to the Committee on Military Affairs. By Mr. Wilson of the Thirteenth Distric't- A bill to alter and amend an act approved October 19, 1891, entitled an act to establish city courts in counties having a population of 15,000, or more, where the same do not now exjst, upon the re.commendation of the grand juries of said counties; to define the powers, mode of selecting officers and jurisdictioL. of the same, and for other purposes, by striking out 15,000 and inserting in lieu thereof 14,000. Referred to the General Judiciary Committee. On motion of Mr. Corput, under a suspension of the rules, the Senate took up the report of the Finance Committee on the resolution of the House to authorize the payment of pensions to thirty-eight widows of Confederate soldiers who are entitled to pensions under the law, but who have not received it for the reason that the fund was exhausted, and for other purposes. The committee reported in favor of concurrence in the resolution, with the following amendments, to-wit~ By striking out '' 38 '' and inserting "39 '' wherever it occurs. Also, by changing in the tenth and eleventh lines of the resolution the words $3,800.00 and inserting in lieu thereof $3,900.00. The amendments were adopted. 3:24 .TouRNAI. oF THE S:Jo:NATE. The report was agreed to. The resolution, as amended, was rt-ad the third time, and on the question of concurring in the same, as amended, the ayes and nays were recorded. Those who votea in the affirmative are Messrs.- Blalock, Corput, Crawf_ord, Daley, Davis, Dennard, Edwards Fitzgerald, Fleming, Gholston, Hackett, Hatcher, Humphries, Jenkin8, Johnson, McAfee, Matthews, Monk, Moore, Persons, PinsOn, Pope, Reaves, Reese, Rembert, Robinson, Russell, furt in Lee county. A bill to amend an act to amend section 3331 of the Code, etc., and for other purposes. A bill to amentl an act entitled an act to amend, the fence laws of this State, and to repeal. section 1449 of the Code, approved November 26, 1890, etc. and for other purposes. A bill to authorize all incorporated towns and cities of this State to receive donations of any property, real or personal, that may be given to them by deed of gift, will or otherwise, etc. A bill to amend section 7 of the act approved December 3, 1880, establishing a City Court for the city of Griffin, etc. A bill to approve the grant by the mayor and aldermen of the city of Savannah to the Savannah , Theatre Company of nine fe!3t on Bnll street, etc. .JOURNAl, OF THE SENATE. A bill to incorporate the town of Etna, and for other purposes. A bill to legalize the occupancy of Wharf or Ocmulgee street in the city of Macon by the East Ten- ,nessee, Virginia and Georgia Railway Company. A bill to alter and enlarge the incorporate limits ~of the town of Bremen. on motion of Mr. Corput the rules wer9 suspended and the Senate took up the report of the Ji'inance Committee on the bill of the House to amend an act entitled an act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890, so as to change the amount of the annual pension, and for other purposes. The committee reported in favor of its passage by ~ubstitute of the following title, to-wit: A bill to amend an act entitled an act to allow pen~ions to certain Confederate widows, and for other purposes, approved December 23,1890, so as to change the amount of the annual pension, change the time of paying said pension, and by limiting the pensions to the widow of every Georgia Confederate soldier, and the widow of every Confederate soldier wb.o enlisted in a Georgia regiment now residing in the State of Georgia, and so long as she may continue to so reside. Mr. Humphries proposed to amend section 1 by ~triking out the word " sixty " in the fifth line and inserting in its place the words "seventy-two," and by striking out in the seventh line the word "Georgia/' Also, by striking out the word "who " in the eighth line; and also the W"Ords "enlisted in a Georgia regiment." Also amended by striking out the word TnuRsDAY, DECEMBJm ~, 1H92. "sixty" in the eighteenth line and inserting tl}e words "seventy-two.~' Mr. Blalock offered the following as an amendment to the proposed amendment of Mr. Humphries, which was read for information, to-wit : By striking out the words "seventy-two" and subfltituting the words" one hundred." Mr. Humphries called the previous question, ;hich was sustained and the main question was ordered. 1st. The amendment of Mr. Humphries to the subfltitute offered by the committee. (The session was, on motion, extended until the pending bill should be disposed of.) Mr. Blalock withdrew his proposed amendment to tne amendment of Mr. Humphries. On motion of Mr. Hackett the amendment proposed by Mr. Humphries was divided so as to bring first to a vote of the Senate the proposition to strike from the substitute the word "sixty " and insert "seventytwq " ; next, to determine the class of widows entitled to pensions. Mr. Scaife called for the ayes and nays on the first proposition. Those who voted in the a.ffirmative are Messrs.- Blalock, Davis, Fitzgerald, Fleming, Humphries, Matthews, Monk, Pinson, Rembert, Scaife, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Wilson of 11th Dist., Wilson of 13th Dist., Wooten. 328 JOURNAL OF TH!'; SENATE. Those who voted in the negative are Messrs.- Corput, Crawford, Daley, Dennard, l<, Hmith of 19th Dist., Smith of 34th Dist., Whittaker, Wilson of 11th Dist., Wilcox, Wooten, Wri~tht of 1st Dist., Wright of :18th Dist. There are ayes 10 ; there are nays 31. So the amend.ment was not adopted. THURSDAY, DECEMBER 8, 1892. 329 The question then recurred on the adoption of the substitute. The ayes and nays were recorded. Those who voted in the affirmative are Messrs.- Corput, Crawford, Daley, Dennard, Edwardt<, liholston, Hackett, Hatcher, Jenkins, Johnson, ::\IcAfeP, Moore, Person8, Pinson, Pope, Reaves, Reese, Robbe, Robim;on, Rnstlell, Sirmans, Smith of 19th Dist., Smith of 34th Dist., Whittaker, Wilson of 11th Dist. , Wilson of J::lth DiRt., \Vilcox, \Vooten, Wright of ltlt Dist., Wright of :{8th Dist. Those who voted in the negative are Messrs.- Blalock, Davis, Fitzgerald, Fleming, Humphries, Matthews, Monk, Rembert, Scaife, Smith of 15th Ditist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st- Dist., Wright of 38th DiRt. There are ayes 36 ; there are nays 0. So the resolution was concurred in by a constitutional majority. The following message was received from the House through Mr. Harden, the Clerk : Mr. President: The House has concurred in the Senate amendment to the following House bill, to-wit : A bill to authorize the mayor and city council of Eatonton to establish and maintain a system of public schools for said city ; to levy a.nd collect a tax FRID.\Y, DECEMBER 9, 189'2. 337 for establishing and- maintaining the same, and for other purposes. The Honse has also passed by the requis_ite constitutional majority the following House bills, to-wit: A bill to be entitled an act to provide for the acceptance by the State of the property known as the Confederate Soldiers' Home of Georgia, tendered by the trustees thereof, and for other purposes. Also, a bill to amend an act to provide for the extension of the corporate limits of the city of Columbus, in the county of Muscogee, approved September 2, 1887, by repealing section 4 of said act. 'Also, a bill to make appropriations for the ordinary expenses of the executive, judicial and legisla' tive departments of the Government, and for other purposes. The Senate took up the report of the General Judiciary Committee on 'the bill of the Senate to .amend section 3406 of the Code of Georgia, so as to define where certain actions shall be brought against railroad companies in this State. The committee reported-in favor, of its passage. Mr. Hackett proposed to amend the report as follows, to-wit : Amend by adding the following proviso, after the word "void" in the tw~nty-first and thirty-eighth lines, to-wit : provided, that said suits may be brought in the county where the principal office of said railroad company is located if the plaintiff should reside in said county. 338 JOURSAL 01-' THE SENATE. The amendment was adopted. The report, as amended, was agreed to. The bill was read the third time and on the question of its passage, as amended, Mr. Smith, of the Thirty-fourth District, required tlle ayes and nays to be recorded. Those who voted in the affirmative are Messrs.- Blalock, Chambers, Corput, Daley, Davis, FA!. w a r d s , Gholston, Hackett, Hatcher, Hum:phrie~, .Jenkins, Johnson, Moore, Pinson, Pope, Reese, Robbe, Robinson, Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wright of 38th Dist. Those who voted in the negative are Messrs.- Dennard, Fitzgerald, McAfee, Persons, Scaife, Hmith of 15th Dist., Smith of 19th Dist., Smith of 34tll Dist., Wilcox, Wooten, Wright of 1st Dist. There are ayes 23; there are nays 11. So the bill was passed, as amended, by constitutional majority. Mr. Fleming, on his motion, was excused from voting on the foregoing bill. By resolution, ex-Governor Henry G. McDaniel was invited to a seat in the Senate during his visit to the city. On motion of Mr. Corput, the bill of the House to authorize and direct the Governor and Treasurer of FRIDAY, DECEMBER 9, 1892. this State to issue bonds of the State to the amount of $368,000.00, and for other purposes, was recommitted to a committee jointly composed of members of the General Judiciary and Finance Committees of the Senate, which joint committee shall hold its meeting in the Sena~e Chamber at 3 o'clock P. M. on Monday next, the 12th instant, at which time the Hon. N. J. Hammond: the Ron. Clifford Anderson, late Attorney-General, the present Attorney-General, and other distinguished gentlemen shall be invited. to address the committee. The Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal all of the second section of an act approved September 20, 1~7, entitled an act to create the office of solicitor for the County Court of Macon county. Proof of legal notice was submitted. '!'he committee reported in favor of its passage by substitute, which was adopted and the report was agreed to. The bill was read the third time and passed, as amended by substitute, ayes 31, nays 0. On motion of Mr. Corput, the following bills of the House were read the first time and referred as indicated, to-wit: A bill to make appropriations for the ordinary expenses of the executive, judicial and legislative departments of the Government, payment of public debt and the interest thereon and for the support of the public institutions and educational interests of 3-!0 JOCR~L~L OF THE SEXATE. the S~a.te for the fiscal year 1893, and for other purposes. Referred to the Finance Committee. A bill to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home of Georgia, tendered by the trustees thereof, and for other purposes. Referred to the Finance Committee. A bill to amend an act to provide for the extension of the corporate limits of the city of Columbus, approved September 2, 1887. Referred to the Committee on Corporations. The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend an act to incorporate the town of Omaha in the county of Stewart, approved October 5, 1891, 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 25, nays 0. The Senate took up the report of the Finance Committee on the bill of the Senate to authorize the Commissioners of Roads and Revenues for the county of Stewart to issue coupon bonds to an extent not to .exceed $25,000.00 for the purpose of building a courthouse in Lumpkin, Stewa1t county, and for. other purposes. n, FRIDAY, DEcJ<~MsJ<;u 189~. 341 The cop:1mittee reported in favor of its passage. Mr. Fitzgerald offered to amend as follows : SECTION 12. Be it further enacted, That the money arising from the sale of said bonds shall be deposited with the county treasurer of said county for the sole purposes named in this bill, and the county treasurer shall be entitled to only one and one-fourth per cent. commissions in receiviflg and paying out the same. 'fhe. amendment was adopted. The report was agreed to as amended. 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 Education on the bill of the Senate to amend an act to amend, revise and consolidate the common school laws of the State of Georgia, and for other. purposes. 'l'he report was favorable to the passage of the bill. Mr. Chambers proposed to amend the repori of the committee by striking out section 7 of said bill. This bill was, on motion~ laid on the table. The bill of the House to make the wrecking of a railroad company, or an attempt, or a conspiricy to wreck a railroad company, etc., a felony, and for other purposes, was recommitted and one. hundred copies were ordered to be printed for the use of the Senate. The bill of the House to limit the issuance of "342 .JotrR.NAL OF THE SENATE. -stocks and bonds and the creation of floating indebt-edness by the railroad companies, to prescribe the manner in which the same may be authorized and "issued beyond certain limits by authority of the stockholders under the approval of the Railroad Commis:sion of Georgia, to fix the liabilities of directors for unauthorized issues of the same, and for other purposes, was recommitted, and t>ne hundred copies were Ordered to be printed for use of the Senate. The Senate took up the report of the Committe~ on Military Affairs on the bill of the Senate to provide for the creation of the office of assistant quarter.master in the volunteer forces 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 Special Judiciary Committee on the bill of the House to amend section 7 of the act, approved December 3, 1880, establishing a City Court for the city of Griffin, 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 29, nays 0. Mr. Davis offered the following bill which was read the first time and referred to the General Judiciary Committee, etc. FRIDAY, DECEMBER 9, 1892. 843 A bill to regulate the legal advertising in several counties of this State. Mr. Davis offered the following resolution which was read and agreed to, to-wit : A. resolution providing a Joint Committee on the creation of new judicial cir.cuits. Mr. Corput offered a resolution to appoint a Joint Committee of two from the Senate and three from the House to examine the books and vouchers in the treasury department and report at the next session of the General Assembly. The resolution was adopted and the President appointed as the committee on the part of the Senate, Messrs. Corput and Persons. Mr. Pope was granted leave of absence on account of sickness, and Mr. Blalock on important business. The Senate took up the report of the Committee on Public Schools on 'the bill of the Senate to amend an act to amend section 12 of the common school laws of Georgia, approved October 27, 1887, etc., and for other purposes. The committee reported in favor of the passage of the bill. Mr. McAfee proposed the following amendment which was adopted and the report as amended, was agreed to, to-wit: Amend by striking in the twenty-eighth line of the printed bill after the word" colored" tbe words" to pay from the educational fund of each county an 344 JOURXAL OF THE SENATE. amount not to exceed twenty-five dollars per annum, for the purpose of securing the services of an expert in conducting the week's session of the institnte of said county, which expert shall be chosen by" and insert in lieu thereof the words " which said institute shall be conducted by ;" and when amended it shall read, "which said institute shall be conducted by the County School Commissioner," and strike from the thirty-first line of printed bill the words "which expert," so that when stricken it shall read, "and County Board of Education shall assist in conducting the exercises." The report, as amended, was agreed to. 'J'his 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.- Dennard, Edwards, Hackett., .Johnson, McAfee, Monk, Pinson, Robbe, Robinson, Smith of liith Dist., Smith of 19th Dist., Whittaker, wilcox, Wright of 1st Dist., Wright of :-18th Dist. 'fhose who voted in the negative are Messrs.- Blalock, Chambers, Corput, Daley, Fitzgerald, Flt:>ming, Hatcher, .Jenkins, Moore, Pope, Russell, Scaife, Smith of 34th :>ist., Wilson of 11th Dist., Wilson of 13th Dist., Wooten. There are ayes 15 ; there are nays 16. So the bill was lost for the want of a constitutional majority. FRIIIAY, DECEMBER 9, 1892. M5 The following bills of the Senate were read the second time and recommitted, to-wit : A bill to exempt from jury duty certain members of the Southern Cadets. etc. A bill to prohibit the employment on locomotive engines of :firemen who are not able to read and write etc. A bill to amend an act approved October 19, 1891, entitled an act to establish City Courts in counties having a population of 16,000, etc., and for other purposes; and A bill to revive the office of State Geologist, etc. The following bill of the House was taken up under favorable report of the Special Judiciary Committee, to-wit: A bill to approve the grant by the mayor and aldermen of the city of Savannah to the Savannah Theatre Company of nine feet on Bull street in said city, etc. 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 action had this day on the bill of the House for the protection of the capitol building, etc., was, on motion, reconsidered, and the bill was recommitted to the General Judiciary Committee. 2:l 341) JOCHXAL OF THE SENATE. Leave of absence was granted Mr. Reese and Mr. Vfhittaker for to-morrow. The Senate took up the report of the General J udiciary Committee on the bill of the House to amend the fence laws of this StatP. and to repeal section 1449 of the Code of Georgia, etc., and for other purposes. The report was agreed tci. 'I'he 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 Senate to prescribe the measure of damages to be recovered on forth-coming bonds. 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 Senate to give to the president and directors of the East Lake Land Company police power over the grounds of said company, and for other purposes. Proof of legal notice was submitted. The committee reported in favor of its passage by substitute, which was adopted, and the report was agreed to. The bill was read the third time and passed as amended by substitute ; ayes 24, nays 0. SATl'RDAY, DECEMBER 10, 1892. M.7 The Senate took up the report of the Special Judi-ciary Committee on the bill of the Senate to authorize the mayor and council of Toccoa to erect school ,buildings, and for other purposes. Proof of legal notice was submitted. The report was agreed to. 'fhe bill was read the third time and passed ; ayes 30, nays 0. 'l'he hour of adjournment having arrived, the Senate adjourned, on motiou, until 10 o'clock A. ::11. to-morIow. SENATE CHA~IBER, ATLANTA, GEORGIA, Saturday, December 10, 1892, 10 O'clock A.M. The Senate met pursuant to adjournment, the Presi.dent in the chair. Prayer was offered by the Rev. John Jones, D. D., Chaplain of the Senate. On motion of Mr. Humphries, the call of the roll was dispensed with. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the journal correct. It was then read and confirmed by the Senate. Mr. McAfee moved a reconsideration of so much of the journal of yesterday as relates to the refusal of the Senate to pass the bill of the Senate to amend an .act to amend section 12 of the common school laws of 34S .JOURNAL OF THE SENATE. Georgia, approved October 27, 1887, etc., and for other purposes. The motion to reconsider prevailed. The President announced as the Committee on New Judicial Circuits on the part of the Senate, Messrs. Davis, Johnson, Hatcher, Wooten and Reese. Messrs. Thompson and Smith of. the Forty-first District were granted leave of absence. Mr. Corput, Chairman of Committee on l<'inancet submitted the following report : J.Jr. 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 relieve William Chester and John M. Wilder, securities on the bond of Thomas N. Goss, charged with the offence of misdemeanor, in the Superior Court of Dawson county, and for other purposes. Also a bill to be entitled an act to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home of Georgia, tendered by the trustees thereof, etc. Respectfully submitted. FELIX CoRPUT, Chairman. Mr. Edwards, Chairman of the Committee on Spe_ cial Judiciary, submitted the following report: SATURDAY, DEcF.MBER 10, 1892. 349 _Mr. President : Your Committee on Special Judiciary have had under consideration the following Senate bill, which they iqstruct me to report back, with the recommendation that the same do pass as amended, to-wit : A bill to be entitled an ac.t to amend the act of August 6, 1891, establishing the Criminal Court of Atlanta, by providing the manner of filling vacancies in the judgeship, where same occurs when Legislature is not in session. Also, the following House bill, which they instruct me to report back, with the recommendation that the same do pass by substitute, to-wit : _<\. bill to be entitled an act to amend an act, approved September 23, 1883, entitled an act to submit to the qualified voters of Whitfield county, or any militia district therein, whether liquors shall be sold ln said county or district. Respectfully submitted, E. P. Enw.AI~Ds, Chairman. Mr. Edwards, with consent of the Senate, withdrew -a bill to be entitled an act to appoint a County Commissioner of Agriculture for each county in Georgia, -etc., and for other purposes. On motion of Mr. Corput, the General Appropriation bill of the House was read the second time and ll"ecommitted to the Committee on Finance. The following bifls of the House were read the :Second time and passed to a third reading, to-wit : 350 JocRX.\L OF THE SENATE. A bill to provide for the acceptance by the State of the property known as the Confederate Soldiers' Home of Georgia, tendered by the trustees thereof, and for oth3r purposes.. A bill to amend an act approved September 23,. 1883, entitled an act to submit to the qualified voters of Whitfield county or any militia district therejn, whether liquors shall be sold in said county or districts; and A bill to relieve W m. Chester and John M. Wilder, securities on the bond of Thomas N. Goss, etc., and for other purposes. The bill of the Senate prescribing how mortgaged property may be sold under a power of sale in the mortgage, etc., was taken up under adverse report of the General Judiciary Committee and laid on the table. 'l'he bill of the Senate to repeal sections 1465(a),_ 1465(b), 1465(c), 1465(d), 1465(e), 1465(f), 1465(g), 1465(h), 1465(i), 1465(j), of the Uode was taken up under adverse report of the Committee on Agriculture, and lost by agreement with said report. The Senate took up the report of the Committee on Special Judiciary on the bill of the Senate to amend the act of August 6, 1891, establishing the Criminal Court of Atlanta, by providing the manner of filling vacancies in the judgeship when the same occurs when the Legislature is not in session. 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. SATl'RDA Y, DECEMBEH 10, 18\12. The bill was read the third time. and passed as amended, ayes 28, nays 0. The bill of the Senate to exempt from jury duty certain members of the Southern Cadets, etc., was taken up for a third reading and on motion laid on the table. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act entitled an act to prescribe the manner of taking cases to the Supreme Court ; to confine the decisions of the Supreme Court to the specifically alleged errors, and for other purposes, approved November 11, 1889. 'l'he 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 Judi- ciary Committee on the bill of the Senate to provide when a husband shall be agent of his wife in the management of her separate estate, or in the use of the wife's money or property in any business carried on by the husband, and to prescribe when the wife's estate shall be liable for the payment of debts incurred in the carrying on of such business or management of her property. The report was agreed to. 'l'he bill was read the third time and passed, ayes 23, nays 0. The following message was received from the House through Mr. Hardin, the Clerk : 3.52 .JouRNAL OF THE RENATE. 1l:fr. President: The House has passed by the requisite majority the following bill of the House, to-wit : A bill to provide penalties for certain violations of the penal laws of this State as defined or described in the sections of the Code of 1882, and the statutes referred to in this act, that all ordinary misdemeanors shall be punished as prescribed in section 4310 of the Code, and for other purposes. The Senate took up the report of the Committee on Corporations on the bill of the House to authorize all incorporated towns and cities in this State to receive donations of any property, real or personal, that may be given to them by deed of gift, will or otherwise, whether subject to conditions or not, if the governing bodies of such towns and cities approve the same, and, also, authorize them to act as trustees in cases of any gifts or donations for charitable or eleemosynary 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 Finance Committee on the resolution of the House to authorize the State Treasurer to pay the face amount of $1,000 and interest coupons, due on bond No. 193 issued by authority of an act of the Genera] Assembly, approved .January 15, 1872, and due January 1, 1892, which is owned by Dr. A. 'V. Calhoun. The .committee reported in favor of the resolution as amended. SATt:IWAY, DECE~IBEH 10, 1~92. 3.53 The report was agreed to. The resolution was read the third time, and on the question of concurring therein as amended, ayes and nays were recorded. Those who voted in the affirmative are Messrs.- Chambers, Corput, Daley, Davis, Dennard, Edwards, Fitzgerald, Fleming,_ Hatcher, Humphries, Jenkins,. Johnson, McAfte, Matt.hew;:, Monk, Moore, Persons, l'inson, Hob be, Robinson, Russell, Scaife, Smith of 15th Dist., Smith of 34th Dist., Wilson of llth llist., \\'ilcox, 'Vootpu. Those who voted in the negative are Messrs.- Hackett, Smith of l!lth DiRt. There are ayes 27 ; there are nays 2. So the resolution as amended was concurred in by constitutional majority. The Senate took up thP- report. of the Committee {}n Agriculture on the bill of t.he House to repeal an act to prohibit the sale of seed cotton in the county {}f Jefferson from the 15th of August to the 2tth of December, and to provide a penalty for violating the same, approved October 14, 1891. 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 General Judi- .Joi'RXAL OF THE ~EXATK . ciary Committee on the bill of the House to amend section 178 of the Code of Georgia, so as to change the time for the meeting of the General Assembly at its second annual session. The report was agreed to. The bill was read the third time, and on the question of its passage the ayes and nays were, by Mr. Jenkins, required to be reco;ded. Those who voted in the affirmative are Messrs.- Chamber~, Corput, Dennard, Edwards, l<'itzgerald, Fleming, Hackett, Hatcher, Humphries, .Johnson, :\fcAfee, Matthew.-, :\Ionk, :VIoore, Person", Pinson, Robinson, Ru"sell, Scaife, Smith of lfnh llist.. Wilson of 11th Dist., wilcox, \Yooten. '!'hose who voted in the negative are .Messrs.- Daley, Davis, Jenkins, Robbl, Smith of :l-!th Dist. '!'here are ayes 23 ; there are nays 5. So the bill was passed by constitutional majority. 1'he bill of the House, taken up on its third reading, to amend an act to amend section 3331 of the Code was, on motion, laid on the table. The Senate took up the report of the GenE-ral Judiciary Committee on the bill of the House to change the time of holding the Superior Court in Lee county in the Southwestern Circuit, and for other purposes. 'l'he report was agreed to. SATURDAY, DECJ<~MBER 10, ll<92. The bill was read the third time and passed~ ayes 28, nays 1. The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Etna, 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 General Judiciary Committee on the bill of the House to amend section 8766 of the Code prescribing the mode of giving attachment bonds, and section 3271 of the Code which prescribes the mode of requiring additional security on such bonds, or a new bond, and for other purposes. ' The report was agreed to. The bill was read the third time and. passed, ayes 27, nays 0. 'rhe Senate took up the report of the General Judiciary Committee on the bill of House to amend section 3514 of the Code of Georgia, etc., 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 Banks on the bill of the House to amend section 943(a) 3iili .JouRNAL 0}' THE SEXATE. of the Code of Georgia providing for the selection by the Governor of Georgia of banks in certain cities therein named, and designated as State depositories, so as to add to the cities herein named the city of Marietta, and for other purposes. The committee reported in favor of the passage of the bill. 'l'he report was amended, on motion of Mr. ~'itz gerald, by inserting in the caption, after the word "Marietta," the word "Richland." Amend section 1, in the fifth line, by inserting immediately after the word "Marietta" the word " Richland.'' Also, amend 1st section by adding in next to last line after the word" Marietta," the word" Richland." The report, as amended, was agreed to. 'fhe bill was read the third time and passed, as amended, ayes 28, n:ays 0. The Senate took up the report of the Committee on Militmbert, Robbe, Robinson, Russell, Scaife, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate. Mr. Reese, Chairman of the General Judiciary Com mittee, 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 repeal an act approved February 22, 1S77, to prohibit the sale of spirituous liquors within the limits of Wilcox county. Also, a bill to provide for appeals in habeas corpus cases, and for other purposes, which they recommend, do pass as amended. 366 JouRNAL oF TH'E SENATE. Also, a bill to amend an act to regulate the business of insurance in the State, and for- other purposes, which they recommend do not pass. Also, a House bill to amend section 3331 of the Code, which they recommend do pass. Also, a House bill for the protection of the State capitol building, the approaches thereto, the grounds thereof, and to fix a penalty for marring, defacing or injuring the building or any property therein, which they instruct me to report back, with the recommendation that the Senate adhere to its amendment. Respectfully submitted. M.P. REESE, Chairman. Mr. Jenkins, 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 rue to report back, with the recommendation that the same do pass as amended, to-wit : A bill to prohibit the employment on locomotive engines of firemen who are not able to read and write and calculate changes in schedules. Respectfully submitted. JENKINS, Chairman. Mr. Smith, Chairman of the Committee on Corporations submitted the following report : TuE8DAY, DECEMBER 13, 1892. 367 1lfr President : Your committee have had under consideration the following House bill which they instruc.t me to report . back, with the recommendation that tb,e same do pass, to-wit: A bill to be entitled an act to provide for the extension of the corporate limits of the city of Columbus in the county of Muscogee, approved September 2, 1887, by repealing section 4 of said act. Respectfully submitted. C. W. S:mTH, Chairman. Mr. Corput, Chairman of the Committel:' on Finance, ~ubmitted the following report: Mr. President: Your committee have had under consideration the following House bill which they instruct me to report back, with the recommendation that the same do pass as amended, to-wit : A bill to provide for the acceptance by the State of Georgia of the property known as the Soldiers' Home. Respectfully submitted. FELIX CoRPUT, Chairman. The following bills of the Senate were read the second time and passed to a third reading, to-wit: A bill to repeal an act approved February 22; 1877, to prohibit the sale of spirituous liquors in 'the county of Wilcox. 368 JOURNAL OF THE SENATE. And a bill to provide for appeals in habeas corpus cases, and for other purposes. The bill of the Senate to amend an act to regulate the business of insurance in this State was taken up under adverse report of the Finance Committee and lost by agreement with said report. The bill of the Senate to amend an act to provide for the extension of the corporate limits o.f the city Qf Columbus was read the second time and passed to a third reading. The bill of the Senate to incorporate the village of Haynie in the county of Floyd was read the second. time and recommitted. 'fhe bill of the House to incorporate the town of Carltonville in the county of Madison was read the second time and recommitted. The bill of the House to provide for the punishment Qf certain violations of the penal laws of this State, and for other purposes, was read the second time and recommitted. The Senate, on motion of Mr. Corput, took up the report of the Finance Committee on the bill of the House to provide for the acceptance by the State of Georgia of the property known as the Confederate Soldiers' Home o.f Georgia, tendered by the trustees thereof, for the establishing of the same as one of the public institutions of the State, for an appropriation to keep and maintain the said home for the support therein of certain ex-Confederate soldiers of the State, for the management and government thereof, and for other purposes. TuEsDAY, DECEMBER 13, 1892. 369 The committee reported in favor of the passage of the bill with the following amendment, to-wit : Amend section 1 by striking out in lines twentyfour, twenty-five and twenty-six the words: "an election held on the first Wednesday in January, 1893, for county officers," and insert in lieu thereof the following words, to-wit : "at a special election held on the first Wednesday in April, 1893." Also, amend in the forty-third line of said section by striking out the words "in January" and inserting in lieu thereof the following words, to-wit: "in April." Mr. Monk offered to amend the report of the committee by st-riking out the word "April " and inserting in lieu thereof the word "July." Mr. Pinson proposed to ainend by striking out all of that section which relates to the reference of the matter to the voters of the State. Mr. Humphries called for the previous question which was sustained and the main question was ordered. The proposition first submitted was the amendment offered by Mr. Monk to the amendment of the committee, which was to strike out April and insert July. This amE>ndment was adopted. The next proposition was the motion of Mr. Pinson to strike out the amendment of the committee as amended and all of that part of bill relating to reference of the measure to the voters of the State. 370 JouRNAl. OF THE SENATE. On this proposition Mr. Corput required the aye& and nays to be recorded. Those who voted in the affirmative are Messrs.- Corput, Daley, Davis, Edwards, Fleming, Matthews, Pinson, Rembert, Hobbe, Robinson, Russell, Smith of 19th Dist., Smith oi 34th Dist., Smith of 41st Dist., \Vooten. Those who voted in the negative are Messrs.- Blalock, Cham hers, Crawford, Dennard, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, .Johnson, McAfee, Monk, Moore, Person8, Pope, Reaves, Reese, Scaife, Sirmans, Smith of 15th Dist., Thompson, Whittaker, Wilson of 18th Dist., \Vilcox, Wright of 1st Dist., Wright of 38th Dist. There are ayes 15 ; there are nays 27. So the motion of Mr. Pinson was not adopted. The report, as amended, was agreed to. The bill was read the third time and on the question of its passage, as amended, the ayes and nays were ord~red to be recorded. Those who voted in the affirmative are Messrs.- Blalock, Corput, Crawford, Daley, Edwards, Fleming, Hackett, Jenkins, .Johnson, )[atthews, l\Ioore, Persons, Rembert, Robbe, Robinson, Russell, Sirmans, Smith of 15th Dist., Smith of 34th Dist., Smith o( 41st Dist., Whittaker, Wilson of 13th Dist. Wilcox, \Vooten. Tt;ESDAy; DECE!IIBER 13, 1892. 371 Those who voted in the negative are Messrs.- Chambers, Davis, Dennard, Fitzgerald, Gholston, Hatcher, Humphries, McAfee, Pinson, Pope, Rea Yes, Reese, Scaife, . Smith of Hlth Dist., Thompson, Wright of 1st Dist:, Wright of 38th Dist. There are ayes 24; there are nays 17. So the bill was passed, as amended by constitutional majority. Mr. Corput moved the immediate transmission of the bill to the House of Representatives. Mr. Davis objected, and the motion to transmit was submitted to the Senate. The vote in favor of the motion being less than two thirds, the proposition to transmit did not .prevail. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report : iWr. 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 provide for the appointment of a Commissioner of Pardons for this State. Respectfully submitted. M. P. R"KESE, Chairman. The following message was received from t~e House through Mr. Hardin, the Clerk : Mr. President: The House has concurred in the Senate amendments to the following House bills, to-wit : 372 .JOURNAL OF THE SENATE. A bill to amend section 178 of the Code of Georgia. Also, a bill to amend section 943(a) of the Code of Georgia of 1892, providing for the selection by the Governor of banks in certain cities therein named, for State depositories. Also, to a resolution authorizing the Treasurer to pay one thousand dollars and interest c01wons, due <>n bond No. 193. The House has also passed by the requisite constitutional majority, the ~ollowing bills of the House, to-wit: A bill to make an appropriation to the trustees of the University of Georgia for the State Technological School. Also, a bill to appropriate four thousand dollars to the Academy for the Blind, and for other purposes. Also, a bill to appropriate certain sums of money for the State Lunatic Asylum to be us~d in building fire walls in the halls of said institution, and for <>ther purposes. Also, a bill to appropriate the sum of $5,500 to the Georgia Institute for the Deaf and Dumb, to be used for certain purposes therein specified, and for other purposes. The House has also adopted the following joint Tesolutions in which the concurrence of the Senate is asked, to-wit : A resolution for the relief of E. B. Smith, C. C. Wheeler, J. H. Rhinheart, H. F. Evans and Thomas Wilson. TUESDAY, DECEMBER 13, 1892. 3i3 Also, a resolution to relieve T. J. Butler, of the cottnty of Bibb, by refunding to him part of the amount paid by him for retail liquor license. Also, a resolution that the Public Printer be authorized to print the acts and resolutions passed at this session by the General Assembly, and for other purposes. The House has also passed by the requisite constitutional majority the following House bills, to-wit : A bill to authorize the payment of the teachers of the common schools of this State their salaries quarterly during the fiscal years in which they are teaching, ana for other purposes. Also, a bill to make valid and legal certain divorces granted by the courts of this State since the passage and approval of an act of the General Assembly, approved October 20, 1891, etc., and for other purposes. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has passed by the requisite constitutional majority the following House bill, to-wit: A bill to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State in so far as the same relates to the issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, and for other purposes. On motion of Mr. Corput, the Senate took up the report of tl1e Finance Committee on the bill of the House to authorize and direct the Governor and 374 JOURNAL OF THE SE~ATE. Treasurer of .this State to issue bonds of-the State-to the amount of three. hundred and sixty-eight thousand dollars, and negotiate the same for the purpose of raising money wit'h which to pay off that portion of the public debt, or so much thereOf as may be necessary, represented by the interest of the public debt maturing in the year eighteen htl-ndred and ninety:. three. The report was favorable to the passage of the bill. Mr. Pinson proposed to amend the report by adding the following proviso, to-wit.: provided the question .be submitted to the qualified voters of the State on the third Wednesday in July, 1893. Mr. Hackett called for the previous question. The callwas sustained and the main question was ordered. 1st. The proposed amendment of Mr. Pinson. This amendment was not adopted. 2d. Shall the report of the committee be adopted. The report was adopted. 3d. Shall the bill now pass. The bill was read the third tim/3 and passed. Mr. Corput demanded the ayes and nays which were recorded. Those who voted in the affirmative are Mesl;!rs.- Blalock, Corput, Fleming, Humphries, Moore, Pinson, Sirmans, Smith of 15th Dist., Wilson of 13th Dist., Wilcox. .Those who voted in the negative are Messrs.- Chambers, -Crawford, Johnson, )fc.Afee, Russell,' Rcaife, TuEsDAY, DF.cEliJRER 13, 1892. 375 Daley, Davis, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Jenkins, Matthews, Monk, Persons, Pope, Rea,;es, Rees(, Rembert, Robbe, Robinson, Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, \\'hittaker, wilson of 11th Dist., \\'ooten, Wright of 1st Dist., Wright of 38th Dist. There are ayes 10, nays 33. So the bill not having received a constitutional majority was lost. On motion of Mr. McAfee, the Senate took up the report of the Committee on Public Schools on the reconsidered bill of the Senate to amend an act entitled an act to amend section 12 of the common school laws of Georgia, approved October 27, 1887, ~o as to create or establish county teachers' institutes, and for other purposes, etc., and for other purposes. The report of the committee which was favorable was amended on motion of Mr. McAfee, the said amendment having been spread in full on the Journal of the ninth instant and agreed to :1.s amended. Mr. McAfee called for the previous questions on the passage of the bill as amended. 'fhe call was :Sustained and the main question was ordered, viz.: Sha.U this bill now pass, as amended'? The bill was read t.he third time, and the ayes and nays thereon were recorded. Those who voted in the affirmative are Messrs.- Crawford, Davis, McAfeP, Monk, Smith of 15th Dist., Smith of 19th Dist., 376 JouRNAL OF THE SENA'rE. Dennard, Edwards, Fitzgerald, Gholston, Hackett, Johnson, Persons, Pinson, Reaves, Reese, Rembert, Robbe, Smith of 41st Dist.~ Thompson, Whittaker, Wilcox, Wright of 1st Dist., Wright of 38th Dist. Those who voted in the negative are Messrs.- Blalock, Chambers, Corput, Daley, Fleming, Hatcher, Humphries, Jenkins, Moore, Pope, Russell, Scaife, Sirmans, Srriith of 34th Dist., Wilson of 11th Dist., Wilson of 13th Dist., Wooten. There are ayes 24; there are nays 17. So the bill was passed, as amended, by constitutional majority. Mr. Monk, Chairman of Committee on Enrollment, submitted the following report : Mr. President: Your Committee on Enrollment report as duly enrolled and signed by the Speaker and Clerk of the House and ready for the signatures of the President dent and Secretary of the Senate, the following House acts, to-wit : An act to amend section 3910~d) of the Code of Georgia, so as to require that the traverse jury list of a county shall also include the names of the persons selected as grand jurors and to carry said change into effect. Also, an act to amend an act entitled an act to amend the fence laws of this State, and to repeal section 1449 of the Code of Georgia, approved November TuESDAY, DECEMBER 13, 1892. 377 26, 1890, by ad_ding thereto, after the word " action" in the seventeenth line of said act, the following : " or which has not heretofore abolished or removed fences by an election, although not held at the time prescribed in act approved September 5, 1885." Also, an act to amend section 3514 of the Code of Georgia by inserting in the tenth line and between the words "next" and "term," the words "or the then," and by striking from the sixteenth line thereof the words "court to which it is made returnable " and inserting in lieu thereof the following: "Production of the deed, bond, note, books, writing or other document shall be required." Also, an act to repeal all of the second sectiorr of an act approved September 20, 1887, entitled an act to create the office of Solicitor for the County Court of Macon county. Also, an act to provide that all bills, resolutions and all other matters pending in the Senate and House of Representatives at the close of the first session of each General Assembly shall go over to the second session of such General Assembly as unfinished business, and for other purposes. Also, an act to change the time of holding the Superior Court in Lee county in the S~utheastern Circuit, and for other purposes. Also, an act to repeal an act entitled an act to prohibit the sale of seed cotton in the county of Jefferson from the 15th of August to the 24Lh of DHcember, and to provide a penalty for the violation of the same approved October 14, 189l. 25 378 JouRNAJ, OF THE SENATE. Also, an act to approve the grant by the mayor and ~ldermen of the city of Savannah to the Savannah "Theatre Company of ninA (9) feet on Bull street in 'the city of Savannah, for the purpose of remodelling the Savannah theatre. Also, an act to authorize all incorporated towns and cities in this State to receive donations of any property, real or personal, that may be given to them by deed of gift, will or otherwise, whether subject to -conditions or not, if the governing bodies of such towns and cities approve the same, and also to . -authorize them to act as trustees in cases of any gifts or donations for charitable or eleemosynary purposes. .Also, an act to authorize the formation of the Fourth Infantry Battalion, Georp:ia Volunteers, irito the Fifth Infantry Regiment, Georgia Volunteers, -and for other purposes. Also, an act to amend section 7 of the act approved December 3, 1880, establishing a City Court for the -city of Griffin, and for other purposes. Also, an act to alter and enlarge the incorporate limits of the town of Bremen. Also, an act to legalize the occupancy of wharf on Ocmulgee street, in the city of Macon, by the East Tennessee, Virginia and Georgia Railway Company, etc. _\.lso, the following House resolution, to-wit : A resolution providing for the issuing of the journals for the House of Representatives and the Senate for the sessions of 1892_and 1893, and for other purposes. TuESDAY~ DEcJ<~MBER 13, 1892. Also, a resolution to authorize the payment of pensions to thirt.y-nine widows of Confederate soldiers, who are entitled to pensions under the law, but who have not received it for the reason that the fund was exhausted, and for other purposes. Also, a resolution reqnesting the Governor to return House bill No. 27, to amend the game laws of Macon county, to correct 3 mistake in said bill. Respectfully submitted. S. S. MoNK, Chairman. On motion of Mr. Davis, the bill of the Senate to regulate the legal advertising in the several counties of this State was read the second time and recommitted. 1'he Senate took up the report of the Committee on Railroads on the bill of the Senate to prohibit the employment on locomotive engines of firemen who are not able to read and write and to calculate changes in schedules. The committee reported in favor of its passage as amended. 'fhe report was agreed to. The bill was read the third time and passed as amended; ayes 29, nays 0. The resolution of the House relating to the publi- eation of the laws of the present session was taken up, read and concurred in. The following bills of the House were read the first time and referred as indicated, to-wit : 380 JoURNAL 0}' THE SENATE. A bill to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State in so far as the same relates to the issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, and for other purposes. Referred to the Committee on Railroads. A bill to appropriate the sum of $5,500.00 to the Georgia Institute for the Deaf and Dumb to be used for material improvements, etc. Referred to the Committee on Finance. A bill. to appropriate certain sums of money for the State Lunatic A.sylum, etc., and for other purposes. Referred to the Committee on Finance. A bill to make valid and legal certain divorces granted by the courts of this State, etc., and for other purposes. Referred to the General Judiciary Committee. A bill to authorize the payment of the teachers of ' the common schools of this State their salaries quar- terly during the fiscal years in which they are teaching, and for other purposes. Reft:>rred to the Committee on Public Schools. A hill to make an appropriation to the trustees of the U niVf~rsity of Georgia for the State Technological School. Rdt>rred to the Finance Committee. TuESDAY, DEcEMBER 13, 1892. 381 A bill to appropriate four thousand dollars to the Academy for the.Blind, etc., and for other purposes. Referred to the Committee on Finance. A resolution to relieve T. J. Butler of Bibb county by refunding to him part of the amount paid by him for retail liquor license to the State. Referred to the Finance Committee. A resolution for the relief of 0. B. Smith, C. C. Wheeler, J. H. Rhinehart, H. F. Evans and Thomas Wilson. Referred to t.he Committee on Finance. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to provide for the appointment of a Commissioner of Pardons for this State, and to prescribe his duties, etc., 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.- Chambers, Corput, Daley, Edwards, Fitzgerald, Humphries, Jenkins, Johnson, Persons, Pinson, Reese,~ Robbe, Scaife, Smith of 15th Dist., Wilson of i3th Dist., Wilcox. Those who voted in the negative as Messrs.- Blalock, Crawford Matthews, Monk, Smith of 41st Dist., Thompson, 382 JoURNAl, OJo' THE SENATE. Davis, Dennard, Gholston, Hackett, Hatcher, McAfee, Moo),"~', Reaves, Rembert, Russell, Sirman~, l::lmith of 19th Dist., Whittaker, Wilson of Ilth Dist., Wooten, Wright"of 1st Dist., Wright of 38th Dit;t. There are ayes 16; there are nays 23. So the bill, not having received a constitutional majority, was lost. The following distinguished citizens were invited to seats in the Senate, viz. : Ron. J .. E. Spurlin of Fayette and Ron. William Clifton of the city of Savannah and John W. Dozier. The hour of adjournment arrived and the Senate was declared adjourned until 9 o'clock A. M. tomorrow. 8ENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, December 14, 1892, 9 O'clock A. 1\r. 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 : Blalock, Chambers, Corput, Crawford, Daley, Johnson, McAfee, Matthews, Monk, Moore, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., WEDNESDAY, DECEMBER :4, ]892. 38:~ Davis, Dennard, Edwards, Fitzgerald, Fleming, Gholston, Hackett, Ha.tc,ber, Humphries, Jenkins, Persons, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman of the Committee on Journals, reported the journal correct. It was then read and confirmed by the Senate. Mr. Davis moved a reconsideration of so much of the journal of yesterday as relates to the passage of the bill of the House, as amended, to provide for the acceptance by the State of Georgia of the property known as the Soldi~rs' Home of Georgia, etc. The motion. to reconsider prevailed. On motion of Mr. Humphries, the bill was taken from the table. Mr. Edwards moved to lay the bill on the table. This motion was lost. Mr. Persons moved the indefinite postponement of the bill, and on this motion called for the previous question. The call was sustained and the main question was ordered, viz.: Shall the bill be indefinitely postponed? On this proposition the ayes and nays were, by Mr. Humphries, demanded and were recorded. Those who voted in the affirmative are Messrs.___:. Blalock, Chambers, Hatcher, Humphries, Smith of 15th Dist., Smith of 19th Dist.,_ 384 JoURNAL OF THE SENATE. Crawford, Davis; Dennard, Fitzgerald, Gholston, Hackett, McAfee, Persons, Pope, Reaves, Reese,~! Scaife, Thompson, Whittaker, Wilson of 11th Dist., Wright of 1st Dist., Wright of 38th Dist. l'hose who voted in the negative are Messrs.- Corput, ~'dwards, Fleming, Jenkins, .Johnson, Matthews, Moore, Rembert, Robbe, Russell, . Sirmans, Smith of 34th Dist., Rmith of 41st Dist., Wilson of 13th Dist., Wilcox, Wooten. There are ayes 23 ; there are nays 16. So the motion to indefinitely postpone prevailed. 'fhe following message was r~ceived from the Gov.. ernor, through Mr. W. H. Harris<;m, Secretary of the Executive Department: Mr. President: The Governor has approved the following acts of the General Assembly, to-wit : An act to amend section 1496 of the Code so as to change the length oi time which notice shall be published by any stockholder upon sale of his stock in any bank or corporation, to relieve such stockholder from individual liability, etc. Also, an act to repeal an act to authorize the running of freight trains over the Georgia Railroad on Sunday. Also, an act to amend an act to create a Board of Commiseioners for the county of Mcintosh and the city of Darien. WEDNESDAY, DECEMBER 14, 1892. 3&5 .Also, an act to create a Board of Commissioners for the city of Darien.. The Ron. W. M. Dunbar, of Richmond county, was invited to a seat in the Senate during his stay in this ~ity. On motion of Mr. Corput, the following bills of the House were read the second time and recommitted to th(' Finance Committee, to-wit: .A bill to levy and collect a tax for the support of State government, etc., and for other purposes. .A bill to appropriate certain sums of money for the State Lunatic Asylum, etc. A bill to appropriate the sum of $5,500.00 to the Georgia Institute for the Deaf and Dumb, etc., and for other purposes. A bill to make an appropriation to the trustees of the lJniversity of Georgia for the State 'fechnological School. A bill to appropriate $4,000.00 to' th~ Academy for the Blind, etc. A resolution to relieve T. J. Butler, etc. A resolution to relieve 0. B. Smith, C. C. Wheeler, J. H. Rhinehart, H. F .. Evans and 'fhomas Wilson, etc. Mr. Hackett, Chairman of the Committee on Penitentiary, submitted the following report: 386 JoURNAL OF THE SENATE. Mr. President: Your Committee on Penitentiary as a body and by sub-committee have visited and inspected the various convict camps of the State and bPg leave to submit the following report, to-wit : We find that all the camps are in reasonably good sanitary condition, some exceptionally good. The convicts have a sufficiency of good wholesome food and comfortable clothing. The work required of them is not unreasonable, and their treatment, as far as we couid learn by diligent inquiry, is not harsh o~ severe under the circumstances. That there should be more or less friction in controJling a large number of the very worst citizens of our State should not be unexpected, nor should we be at all surprised to find it necessary to enforce a rigid discipline in order to execute the judgments of the courts before which the same were tried, convicted and sentenced. While our laws require humanity in controlling this class of our citizens, yet those who have them in charge are bound by the same laws to see that the sentences pronounced against them by the courts are properly and humanely executed and enforced. 'l'he facts being considered, we are of the opinion that the convicts are just as well provided for and as humanely treated as the present system of working them will admit. We should not forget the adage: "that mercy to the criminal is often cruelty to, society." We pretermit the expression of any opinion as to the wisdom of .the present policy of disposing of our convicts or of the lPgality of working the same in squads at a distance from the parent camp, all of which is respectfully submitted. A. T. HACKl<~TT, Chairman. WEDNESDAY, DECEMBER 14, 1892. 387 This report was, on motion of Mr. Hackett, taken up and adopted. Mr. Beese, Chairman of the General Judiciary Uommittee, submitted the following report : .Wr. Ptes'ident: Your committee have had under cosideration the following Senate bill which they instruct me to report back, with the recommendation that the same do pass as amended, to-wit : A bill to amend an act approved October 19, 1891,. to establish City Courts in counties having a population of 15,000 or more, where the same do not now exist, upon the recommendation of the grand juries. Also, a bill to regulate the legal advertising in the several counties of the State which they instruct me to report back, with th~ recommendation that the introducer have leave to withdraw the same. Also, a House bill to authorize suits to be brought against receivers or managers of any property appointed by any court in this State, and for other purposes, which they recommend do not pass. . Also, a Hoose bill to make legal and valid oertain divorces granted by the courts of this State, and for other purposes, which they recommend do not pass. Respectfully submitted. M. P. REESE, Chairman. Mr. Jenkins, Chairman of the Railroad Committee, submitted the following report: 388 JOURNAl, OF THE SENATE. Mr. President: Your committee have had under consideration the following House bills which they intruct me to report back, with the recommendation that the same do not pass, to-wit : A bill to limit the issuance of stocks and bonds and the creation of floating indebtedness by railroad -companies, and for other purposes. Also, a bill to define the right and power to hold and vote shares in the capital stock of railroad companies by trustees and other representatives, and for <>ther purposes. Also, a bill to define the liability of receivers of railroads for torts committed by their employees during such time as such receivers may operate railroads in this State, and for other purposes. Also, the following House bill which they recom- mend do pass : A bill to make the wrecking of a railroad company <>r an attempt or a conspiracy to wreck a railroad company a felony, and for other purposes. Also, the following House bill which they recommend be read the second time, recommitted and one hundred copies print6d for the use of the Senate, towit: A. bill to carry into effect article 3, section 7, paragraph 18 of the Constitution of Georgia. Respectfully submitted. JENKINS, Chairman. WEDNESDAY, DECEMBER 14, 1892. 389 The bill of the House to carry into effect article 3, section 7, paragraph 18 of the Const~tution of this State, in so far as the same relates to issuing and granting corporate powers and privileges to railroad companies by the Secretary of State, was read the second time, one hundred copies ordered printed and the bill recommitted to Committee on Railroads. The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act approved October 1~, 1891, entitled an act to establish City Courts in counties having a population of 15,000 or more, where the same do not now exist, upon recommendation of the grand juries, to define the powers, mode of selecting officers and jurisd for the purpose of material improvements, and for other purposes. Also, a bill to be entitled an act to create a sinking fund to pay off and retire bonds of the State as they mature by a tax therefor, and for other purposes. .Also, the following House resolutions which they WEQNESDA Y, DECEMBER 14, 1892. 40!) instruct me to report back, with the recommendation 1ihat the same do pass, to-wit : .A. resolution to relieve T. J. Butler, of Bibb county, by refunding to him part of the amount paid by him for retail liquor license to the State. Also, a resolution for the relief of 0. R. Smith, C. C. Wheeler, J. H. Rhinehart, H. F. Evans and Thomas Wilson. Respectfully submitted. FELIX CoRPUT, Chairman. The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof: Mr. President: 'fhe House has adopted an amendment to the following bill, recalled from the executive department for correction, and ask the concurrence of the Sena.te in said amendment, to-wit: A bill to amend an act for the protection of game in Macon county. On motion of Mr. Corput, the General Appropriation Bill of the House was taken up by sections, towit: A bill to be entitled an act to make appropriations for the ordinary expenses of the executive, judicial and legislative departments of the Government, pay- ment of public debt and the interest thereon, and for the support of the public institutions and educa- n . 410 .JoUHNAL tH<' THE l::iENATE.~ tional interests of the State for the fiscal year 1893, and to supply deficiencies in such appropriations for the years 1891 and 1892: and for other purposes. The caption was read and amended as follows : Amend the caption of the Appropriation Bill by adding after the word "for" and before the word ~the " in the ninth line the words "each of," by adding in the same line an "s 11 to the word "year," by adding in the same line after the figures "1893" the word and figures "and 1894." Section 1 was read and amended as follows : Amend section 1 by adding an "s" to the word "year" in the ninth line, and adding after the figures ''1893" in the same line the word and figures "and 1894." Section 1 was further amended by adding an "s '' to the word "year" in the seventy-first line, and by adding after the figures "1893 " the word and figures "and 1894," and by adding after the word "for" in the seventy~ninth line the words." each of," by adding "s" to the word "year" in the eightieth line, and after the figures "1893" in the eightieth line the word and figures "and 1894." Section 1st was adopted a.s amended. Section 2 was read and amended by adding in the seventh line after the word "for" and before the word "the" the words ''each of," by adding an "s" to the word "year" in the eighth line, and by adding after the figures "1893 " in the same line the word and figures ! and 1894." . WEDNESDAY, DECEMBER 14, 1892. 411 :Section 2 was adopted as amended. Section 3 was read. Mr. Robinson proposed to amend the same as follows : Amend by striking out the word "sixty" in the twelfth line and in lieu thereof inserting the following words, to-wit: "That the Secretary of the Senate, Wm. Augustus Harris, be paid seven dollars per diem and the same mileage as members of the General Assembly; Journal Clerk, J. Troup Taylor, be paid four dollars per diem and mileage the same as members of the General Assembly; Calendar Clerk, S. Barnard Corn, be paid four dollars per diem and the same mileage as members of the General Assembly; Message Clerk, W. E. Candler, be paid four dollars pe1 diem and the same mileage as members of the General Assembly; Enrolling and Engrossing Clerks, J. E. Strother, Walter C. Beeks, D. D. Smith, I. B. Hudson, Chas. T. Zachry, be paid four dollars per day each and the same mileage as mem.bers Of the General Assembly. This amendment was lost. Mr. McAfee moved to amend section 3 by striking "from the twenty-first line of the printed bill '' 3" and inserting in lieu thereof the word "two." This amendment was lost. Section 3 was amende<} by adding after the word .,, for " in the seventh line and before the word "the " in the eighth line the words "each of," by adding an "s" to the word "year" in the eighth line, and by adding after the figures "1893 " in the same line the word and figures "and 1894." . 412 .JovHNAL W !J'HE SJ<~NA'n:. Section 3 was further amended by adding after the103d line the following, to-wit : provided, they shall only receive the amount equal to the money actually paid out by them. Also, by adding after the llOth line the following. to-wit : And that the witnesses summoned in th.e said investigation commit.tee be paid two dollars pe1diem while in attendance upon said investigation and three cents per mile each way from theirrespective homes to Atlanta by the nearest practicable route, said witnesses to make proper affidavits as to miles traveled and number of days in attendance~ and said accounts to be audited by the Gober Investigation Committee, and also by adding afttr the above amendment the following, viz. : The sum of four hundred and twenty-five dollars to pay C. B. Conyers, stenographer of committee to investigate the charges against Geo. F. Gober, in full for hi~ services. Section 3 was further amended by adding after the end of the section the following, to-wit : That the sum of thirty-two dollars be appropriated to the Secretary of t]?.e Senate for draping the desk of the deceased Senator, Reuben Jones; also, the sum of forty-two dollars and sixty-seven cents for supplying committee rooms wit.h chairs and hat racks, both of the foregoing expenditures being ordered by the Senate. Section 3 was adopted as.amended. ~ection 4 was read and amended as follows, to-wit : By adding after the word "for " and before the word "the" in the sixth line the words "each of," by adding an "s " to the word "year " in the seventh WEnNEsDA Y, DEcJo:MRJm 14, 1~!-12. 4la line, by addilig after the figures "1893 " in the same line the word and figures "and 1894," by adding an ~ s" to the word "year" in the 14lst line, and by adding after the figures "1893 " in the same line the word and figures "and 1894," by adding after the word' "for" in the 152d line and before the word "'the" in the 153d line the words "each of," by adding an "s" to the word "year" in the 153d line, and by adding after the figures " 1893 " in the same line the word and figures "and 1894." Mr. Fitzgerald moved to amend section 4 as follows : By striking therefrom the words, "For State University for support, maintenance and repairs on building of the North Georgia Agricultural College, a branch of the University located at Dahlonega, the sum of three thousanc'l dollars." This amendment was lost. Mr. Wilson, of the Eleventh District, proposed to .amend the 4th section as follows, to-wit : By adding after the thirty-ninth line of said section the words, ''For the branch college at Cuthbert, Georgia, the sum of two thousand dollars." This .amendment was lost. Mr. Hatcher moved to amend the 4th section by adding "the sum of two thousand dollars each for branch colleges at Hami_lton, Cuthbert, Thomasville and Milledgeville." This amendment was lost. Mr. Whittaker proposed to amend the 4th section :.as follows, to-wit: Amend by striking out the lines 414 .JouRNAl, oF THE SENA'.rE. in said bill from twenty-second to thirty-third, inclusive. This amendment was lost. Section 4 was adopted as amended, and the further consideration of the bill was postponed, on motion of Mr. Wooten, until to-morrow. Mr. Wooten then submitted the report of the Gober Investigation Committee, which was read and is ae~. follows: To the Senate and House of Representatives : 'fhe joint committee appointed under the concur- rent resolution of the Senate and House of Represent- atives to investigate the charges against Judge Geo. F. Gober contained in the memorial of W. C. Glenn and C. D. Maddox, beg leave to submit the following report: The committee, in obedience to the terms of said resolution, organized on Friday, November 11th, 1892, and began the taking of testimony on Monday the 14th of November, due notice having been given to the memorialists and to Judge Gober. Although the issues presented in the memorial appeared to be few, the testimony taken is very voluminous, and your committee was continuously and laborously engaged from that date until 'fuesday,. November 29th, remaining in session occupied with the examination of witnesses almost every night from. five to six hours. A copy of the testimony thus taken. by the committee we herewith. submit, consisting of 736 pages of type-written matter. WED~ESDAY, DECEMBER 14, 1892. .u.s A very large part of the testimony relates to the personal relations between the memorialists and Judge Gober, and of cumulative testimony on various points. Your committee deemed it its duty, and advisable, to permit the widest range of examination consistent with the terms of the memorial. 'fhe case out of which the occurrences arose was that of the State against Pendley and others, in which four persons were on trial under indictment for arson in Pickens Superior Court. Thirteen men bad been jointly indicted for this offence. Of these, two had been previously, during said term of court, tried and convicted, and one had consented to a verdict of guilty. The crime for which these thirteen men had been indicted was the burning of a dwelling bouse in the night time in which there were three women and some children. Much of the evidence before the committee relates to the occurrences during the trial of the four men, Tom Pendley, Harrison Jones, Tom and Eli Fields, and the respective conduct of the judge and the memorialists. It is not deemed necessary that a report should be made on this feature of the evidence. 'l'here is much conflicting testimony reiating to it. 'fhe stenographic report o.f the trial discloses very little relative to the matter, and the testimony on the subject relates rather to the manner of the judge and the counsel than to any particular words spoken. WP do not deem a report upon the evidence taken upon this subject to be within the scope of the memorial, or within the proper limits of the investigation by the legislature. The evidence, however, is submitted to the General Assembly on this as well as on alJ other points. The printed arguments of counsel on both sides, 4Hi JOURNA1. O.F 'J'HE SENA'J'E. which we submit to the General Assembly with this report, contain some discussion of this feature of the testimony, and will be sufficient, without anything further from the committee, to put the General Assembly in possession of all the needed information as to the occurrence, of a personal character on that trial, and a laborious examination of the voluminous testimony will not be required to gain any needed information on the subject. The committee have been unable to discover from the testimony that, upon the trial of this case, there was an amount of personal heat upon the part of either court or counsel greater than is frequently found on the trial of cases of this magnitude and of an exciting n.ature, although the record discloses the fact that there were exceptional circumstances attending the trial of this case upon which the committee does not now deem it necessary to comment. The first distinct issue raised by the memorial, taken in the order of occurrence, is that the judge; after the conviction of these four men, refused to entertain a motion in arrest of judgment which was presented, or to sanction a motion for new trial, or to grant a supersedeas upon either the one or the other; and that he, in disregard of the application for a supersedeas, tyrannously sentenced these men to the penitentiary, and in the order required them to be carried to the common jail of Cobb county, from whence they were, on the succeeding day, taken by the penitentiary guards direct to the penitentiary. The facts disclosed by the testimony on this charge are substantially as follows: The verdict of guilty was brought into court a~ainst these men on Thursday morning of the second week of the court. Counsel for the defence presented to the judge a motion in arrest of judgment. They also presented what is commonly known as a skeleton WEDNESDAY, DEcEMBJocR 14, 1892. -!17 1notion for new trial, containing the usual formal grounds to the effect that the verdict was against the law and contrary to the evidence, etc. With this motion for new trial there was no brief of the evidence offered. The judge failed to take any action ~n the same during the day, the testimony showing that he was engaged in-the trial of a jury case. He 1nade an appointment to meet the counsel at the court room at night after supper. Counsel went to the court room, and the judge sent word by the sheriff that he could not keep the appointment as he was sick. On the investigation by this committee the judge swore that on said night he was too sick to at- . tend to the business. On the succeeding morning (Friday) the judge, with the solicitor-general, rode out of town, there being at the time a jury out in the case which had been tried on the previous day. The jury was bung, and upon a telegram from counsel in that case agreeing to a mistrial, addressed to the judge at Tate's Station, he took the train and went to Marietta. This was in the month of May, 1890, during the April term of Pickens Superior Court. Before leaving the court, the judge passed an order continuing that term of the court, to be reconvened on the 5th day of June, having notified counsel for the defence that he would do so, and that on said date they could be prepared with their motion for new trial and a brief of evidence in the case. Upon the conviction of the prisoners on Thursday, the judge had passed an order sentencing them to the penitentiary and requiring them to be immediately taken to the common jail of Cobb county for safe keeping until called for by the penitentiary guard. The order is in the usual form and verbiage used by judges of the Superior Court in sentencing convicts to the penitentiary. 'l'he prisoners were removed from Jasper, tbP- county site of Pickens . 418 JoURNAL OF THE SI<~NATE. county, on the day of their conviction and carried t~ Marietta, where they were placed in jail. On the succeeding day they were called for by a penitentiary guard, and, together with other prisoners who had been previously convicted at Pickens Superior ()ourt, and also sent to Cobb county jail, were taken direct to the penitentiary. Judge .Gober testified that he gave no special orders with reference to the removal of these four prisoners to the penitentiary. Upon conviction of the prisoners tried during the first week of the court, the jud~e had caused the principal keeper of the penitentiary to be notified, and when the guard went to Marietta for the prisoners, both those convicted during the first and second week were taken to the penitentiary. The questions arising out of this removal of the prisoners from Pickens county to the Cobb county jail, whence they were taken to the penitentiary, have been considered by the committee in two aspects. Pirst, whether the judge violated any express law in refusing or failing to order a supersedeas; and, second, if it was a matter in his discretion, did hisconduct amount to such an abuse of this discretion as would justify legislative condemnation. As to the question of express requirement of law,. section 4263 of the Code of Georgia makes no provision for a supersedeas in a criminal case until the filing of a bill of exceptions. .'fhere is no rule laid down as to the duty of the judge in refusing or granting a supe1sedeas after the trial and conviction in a criminal case and prior to the filing of a bill of exceptions. The rule as to supersedeas in a civil case upon a rule nisi for a new trial, as provided in sec- tion 3724 of the Code, exprassly states that such rulenisi for a new trial shall not operate as a supersedea.~ unless so ordered by the court. Analogizing a rule nisi for a new trial in a criminal WEDNESDAY, DECEMBER 14, 1892. 419 case to a rule nisi for a new trial in a civil casP-,- it is- under the law a matter of discretion with the judge whether he will grant a supersedeas prior to the filing of a bill of exceptions. In this case a rule nisi for new trial had not been granted at. the time the prisoners were sent to the- penitentiary, but treating the question in its broadest significance, i_f there had been a perfected motion presented at the time, accompanied with the required brief of evidence, it would still have been a matter in the discretion of the judge whether he would super- sede the judgment. The fact is, however, that al- though a skeleton motion for new bial had been pre- sented, the same is not recognized by the law as a perfected motion in the absence of the brief of the- evidence. Con:sidered, therefore, either as a perfect or imperfect motion for new trial, the grant or_ the refusal of a super- sedeas would be a matter in the discretion of the judge. When we enter upon a consideration of the question whether the judge abused his discretion in refusing to grant the mpersedeas, the inquiry is limited by less defi-. nite rules than those which guide us in determining ques- tions of prescribed law; it becomes more a matter of opinion, upon which man's impartial judgments will naturaII~~ differ. Your committee would suggest that the circumstances which then environed the judge should be taken into consideration in the effort to reach a just conclusion on this question. The evidence disclosed that there had been several cases of house burning in the county, and that the public mind was greatly excited by the same. It was further shown that there was a secret organization in the county, and that although there was no proof that the commission of . arson was one of the objects of the organization, it was, nevertheless, true that 420 .JotrRl\AL OF THE SENATE. those who had committed the arsons were members of the organization. The particular arson for which these men had been convicted, as accessories before the fact, W'!S a peculiarly atrociou3 one ; a dwelling-house, occupied only by women and children, .had been burned at night and these four men, while not actually firing the dwelling, had accompanied the actual perpetrators and were near by at the time of the perpetration of the deed. Previous to the trial the jail had been broken and a portion of the prisoners charged with the commission of the crime had been liberated, although these four particular prisoners had not been among the number thus liberated. It was shown by the testimony of Mr. F. C. Tate and Mr. A. S. Clay and others that the judge had been notified by them that there were rumors of an intention to rescue these prisoners. That there was great excitement in the community is proven by the testimony of witnesses introduced both by the meinorial~sts and by Judge Gober, although they differ as to the immediate cause of the excitement. On the part of Judge Go~er it was shown that the apprehension of rescue was so great that he kept his court open on Sunday and kept the jail guarded by armed men. On the other hand, the evidence introduced by the memorialists shows that while there was great excitement in the community, it was due to their dissatisfaction with the manner of the trial of the prisoners. The narration of the circumstances of such a situation can scarcely bring to those separated therefrom by time and distance a full realization of the effect upon the minds and feelings of those who were present in the midst of the same, whether these persons were the officials of the - court or private citizens. Such surroundings must .have their influence upon the judgment and actions of men, and in view of what was then presented to the mind and eye of the judge, we do not think his failure to grant WEDNESDAY, DECEMRER 14. 11'!9t. 421 the s~persedeas is to be attriButed to such a wanton disregard of the rights of the prisoners as would properly characterize his conduct in this regard an abuse of discretion so gross as to call for legislative condemnation. Other men under similar circumstances might have act.ed differently, but differences in temperament and differences in judgment will produce different results, each of which is within the range of the exercise of a legitimate discretion. It is further to be considered whether the failure or .refusal of the judge to grant a supersedeas when the motion in arrest of judgment was presented was either a violation of the law or an abuse of discretion. There is no provision in the. Code requiring a judge to grant a 8Upersedeas upon a motion for arrest of judgment prior to the filing of the bill of exceptions. This question can only be determined by analogiz\ng a motion in arrest of judgment to a motion for a new trial, and the same rule of law in the one, in the opinion of the committee, controls in the other. Testing the question by this rule, upon the presentation of a motion in arrest of judgment, and before the hearing of the same, and the hearing of the bill of exceptions, it was a matter in the discretion of the judge whether or not a supersedea.<: should be granted. Whether this failure in this particular instance to grant a supersedeas upon the presentation of the motion in arrest of judgment was an abuse of such discretion, must be tested by the same circumstances as those above related under which a supersedeas was refused upon the filing of the skeleton motion for a new trial. In addition to this consideration, the fact must be borne in mind that the motion it>. arrest of judgment and the skeleton motion for new trial were practically filed at the same time; and Judge Gober testifies his purpose was to hear both of 422 .JouRN.U, OF THE SENATE. these motions at the sa' me time, and that he did nut consider that there was any merit in the motion in arrest of judgment It may be deemed an improper practice in a judge to refuse to grant a supersedeas upon the filing of either a motion for new trial or a motion in arrest of judgment. If it be conceded that this Is true, the province of this investigation is not to settle the questions of correct or incorrect practice. If it ought to beth~ rule that upon the filing of a motion for new trial or a motion in arrt::st of judgment a supersedeas should be granted, in a criminal case, that is a matter to be corrected by legislative en.actment for the government of judges, and in the absence of such an enactment, only such an abuse of discretion as is shown to be clearly and indisputably malicious and tyrannical will justify legislative condemnation. In passing on the guestion whether a judge ahuses his discrdion in refusing to grant a supersedeas in a criminal case, it is proper to consider whether the judge does or does not believe the prisoner to be guilty of the offence.. Where a judge believes a prisoner to be innocent, there would be much stronger reason why he should grant a supersedeas than where he believes him to be guilty._ When the bill of exceptions is filed, the law requires the supersedeas to issue regardless of whether the judge believes him to he guilty or innocent, but until the filing of the bill of exceptions, the grant of a supersedeas is a matter in his discretion. In this particular case it is a fair conclusion from the evidence to sa'y that the judge believed these prisoners to be guilty. The fact that he subsequently recommended their pardon does not conflict with this view, as his recommendation of pardon was not based upon any doubt expressed as to their guilt. The -evidence shows that as soon as the bill of exceptions was Jilt:!d, the supersedeas was issued and the prisoners or- 'VEDNESDAY, DECEMBER 14, 1892. 423 -dered back from the penitentiary to Cobb county jail, where they remained until the dismissal of the case in the Supreme Court. The second distinct issue raised by the memorial, taken in the order of occurrence, is that the judge, after the motion had been presented to him by defendants' -counsel changed the same by taking out grounds of the motion which were in the original, and inserting others in lieu thereof which had not been put there by the counsel. The consideration of this charge naturally divides itself into two branches : First, did the judge make any alteration of the motion for a new trial after the same had been approved by him. Second, whether, if such -change was not made after the approval by him, there had been any change made prior to such approval, and if so, the nature. and .extent of such change or changes. It is material to note the fact that a motion for a new trial is not recognized by the law as a record until it has been sanctioned and approvc::d by the judge as correct. After the motion for new trial has been thus approved, and after it hasthus been made a. part of the record in the case, it has passed beyond the control of the judge, and he has.no right to correct or change it in any particul::.r, unless with the consent of the counsel or party to be affected thereby. If a judge, after having approved a motion for a new trial, and after it h&s thus become, in the eye of the law, a part of the records of the court, does make any change in such record, he is guilty of a very grave offense. It is material, therefore, to inquire whether the evidence shows that any alteration was made of this motion for new trial by Judge Gober after he had approved the same, and after it had thus become a record of the court. There is no question but that the motion for new trial as presented by the counsel for the prisoners 424 was altered by Judge Gober, and, the only question m this connection is as to the time when it was done. In other words, whether it wa~ done before or after the approval of the grounds of th~ motion. To determine this, the controlling inquiry is, when was the motion for new trial approved, as there is no dispute about the fact that the change in the motion was made in September, 1890, at Pickens Superior Court. Judge Gober testifies that the motion was not approved by him until after the changes had been made. Mr. Maddox testifies that the motion for new trial was approved on the 5th of June. The written approval upon the motion is dated the 5th of June. Mr. Day, a witness introduced by the memorialists, who had been an associate counsel of the memorialists in the defense of these four prisoners, and who was present on the 5th of June when this motion wa's presented to him, testified that it was his recollection that on the 5th of June when this was done that the judge said he would not approve the grounds of the motion then, but that he would approve it later, and he left it blank. Judge Gober testifies that when he approved the grounds in September, he wrote in the blank the 5th of June so as to make it appear to have been approved at the April term of the court. A number of witnesses testified to the circumstances on several dates subsequent to the 5th of June, showing that the motion on these several dates had not then been approved by the judge. On the 29th of July, the following order wa~ signed by Judge Gober, which is in the handwriting of Mr. Glenn. STATE vs. THOMAS PENDLEY et al. ARsoN. PrcKENs SuPERIOR CouRT, APRIL TERM, 1890. In the above stated cases there being two cases on a motion for new trial by all of the defendants, four in WEDNESDAY, DECEMBER 14, 1892. 425 number, and another case by all being a motion in arrest of judgment in above stated cases, having been regularly continued until the time, and the counsel for the State being unable to be present on account of illness,'the same is continued to be heard at Marietta, on Monday, the uth day of August, 1H9o, and up to and at said hearing movants have the right to perfect the motion for new trial in said case and the motion in arrest of judgment, and to present and have approved by the court all of the said grounds of each of said motions, together with a brief of the evidence in the record, and to be then, or in the meantime, approved hy the cocrt and filed under order of the court. It being the intention of t~e order to preserve all the rights of the defendants in each case as though the same was made in term time and presented and passed upon then, and with all rights of amendment, and as though 1:1ade then, and with all the rights of exception to the Supreme Court. July 29th, 1890. GEo. F. GoBER, J. S.C. B. R. C." It is fair to state that Mr. Glenn contends that this order was intended solely to preserve the right of amendment to the motion for new trial. It is here presented in connection with the other testimony for the consideration of the General Assembly. The motion for a new trial which was presented to J1.1dge Gober on the 5th of June' (at which time Mr. Glenn was not present) was brought back by Mr. Maddox, and .remained in the custody of Glenn & Maddox until the 29th of July. The foHowing is the testimony of Mr. Glenn as to whether the motion for new trial had upon it the approval of the judge during the time when it was thus in their custody : Q. But before we come to that, I want to ask you on~ question. Was this motion for new trial brought 426 .JoURNAJ, OF THE SENATE. back by Mr. Maddox after the 5th day of June? A. Yes, sir, that is my recollection. Q. Was it inspected by you? A. Yes, sir? Q. Were the grounds of that motion for new trial approved ? Were those grounds at the time that that motion for new trial was brought back by Mr. Maddox and inspected by you, were they approved by Judge Gober and signed by him ? A. I was very certain until this trial took place that they were. Firl't, from the record in the case and from other circumstances connected with it, and the fact that we had the argument as upon an approved motion and no objection was taken to it, and all that sort of thing. But upon an inspection of the orders and letters here in evidence now, I am unable to say that that motion was approved when it was brought back on the 5th of June. Mr. H. L. Patterson, a member of the bar residing in ForsyVed by the court, and prior to the time when it thu;; became a record. It is a familiar rule that a motion for , new trial when presented by counsel is merely pleading. These pleadings are in all particulars subject to the approval of the court as to all of the recitals therein con. tained. It is the recognized duty of the judge, when a motion for new trial is presented to examine the same, and either to disapprove it, if he does not recognize its correctness, or to change it so th.:tt it will conform to his knowledge aod recollection of what transpired on the -.trial of the case. 428 JOURNAL OF THE SENATE. The Supreme Court, when the case comes before tht:m, rely exclusively upon the certificate of the judge as to the correctness of the grounds of the motion and asto the recitals therein. What the judge certifies to be correct, they, under the law, accept as correct, and what he fails or refuses to certify as correct, they do not recognize as correct. If the motion for a new trial as presented by a lawyer had to be accepted by the judge as correct, there would, in the large majority of cases, be a reversal of the judgment of the court below. Tht: law reposes in the Judge of the Superior Court the duty and responsibility of making the motion for new trial speak the truth of what occurred on the trial, so far as recited in the motion for new trial. If he wrongfully refuses to make the motion speak the truth, counsel who arc! thus aggrieved have their remedy by application to the Supreme Court to compel the judge, by mandamus, to certify to what is true and correct in relation to the case It is, therefore, the universal practice of judges when , motions for new trial are presented to examine the same, and wherever, in his opinion, or according to his recollection, the grounds of the motion are incorrectly stated, to correct the same before certifying and approving the grounds and the recitals. This rule and this practice are, as we understand, recognized by the memorialists, but their complaint i; as to the manner and extent to which these changes were rr.ade by the judge. The facts concerning these changes in the motion by the judge prior to the approval of the same are found by the committee to be substantially as follows: The motion for new trial was made out in man~ uscript in the handwriting of Mr. Maddox, the same being closely. written on the pages. Judge Gober at- WEDNESDAY, DECEMBER 14, 1892. 429 tempted to make the corrections which he deemed proper, and wrote these corrections by interlineations and on the margin of the paper. Desiring to insert some of the charges in the motion, he found it impracticable to do so upon the manuscript pages in the original motion. He, therefore, called in the court stenographer, and instructed him to copy from the original manuscript the grounds of the motion as< corrected by him ; and also gave him the charge of the court, marking such portions as he directed to be copied into the motion. W"hen this was done, the typewrittP,n pages prepared by the court stenographer, under his direction as thus stated, were inserted in the motion for new trial, in place of the manuscript leaves which were removed. This, it will be borne in miud, was before the approval of the grounds of the motion for a new trial, and before the judgment overruling the same, and the filing of the motion in the Clerk's office. When the motion for new trial, as corrected, was read from the bench by Judge Gober, at the September term of Pickens Superior Court, and after the motion was then overruled, the pages o( the original manuscript, which had been removed from the motion for new trial, were placed by the judge among the papers constituting the corrected motion for new trial, and the bundle containing the same was then handed by him to the clerk. 'fhere are some differences among the witnesses as to whether he placed the papers on the bench before llim, and told the clerk thme they were, or whether he handed them direct to the clerk. Judge Gober testifies positively that the sheets of the original manuscript, which had been removed by him, were placed by him among the papers constituting the motion for new trial, and by him given to tlie clerk. There is no contradietory testimony on this point. The clerk testifies that . 430 JoURNAl, OF THE SENATE. these papers, unopened by him, were given to Mr.. Darnell subsequently, Mr. Darnell being one of th.e associate counsel for the prisoners. Mr. Darnell sent the papers to Glenn & Maddox. The memorialists complain that the grounds of the motion as found in the paper corrected by Judge Gober, to-wit, the typewritten pages, did not contain iOme of the grounds which were in the original manuscript motion as they were originally stated, and that others were inserted which had not been in the original manuscript motion. Upon this statement there is an irreconcilable conflict of testimony between the memorialists and Judge Gober: Judge Gober insists that none of the assignments of error were changed, but only the recitals of fact in the grounds. He states that the grounds of the motion based on the refusaJ to give certain requests in charge were disallowed and taken out by him for the reason that the requests to charge set out in said motion were not the requests which had been made of him during the trial. The testimony on the subject of these requests on the part of the memorialists was given by Mr. Maddox substantially as follows : He testifiedthat the requests to charge which were made at the time of the trial were originally drawn by Mr. Glenn ; that before presenting them to the judge, be (Mr. Maddox) copied the same, making at the time some slight verbal changes, and that the copy thus made by him was presented to the judge with a request that he would charge the same to the jury. He did not seek to recover these charges from the judge after the trial, but brought to A.tlanta ~ith him the original draft of the requests which had been prepared by Mr. Glenn. He further testified that when he prepared the motion for a new trial, in mak-. ing the assignment of error on the 'refusals to charge the requests, he used the original paper which had "WEDNESDAY, DECEliiBER 14, 1892. 431 been prepared by Mr. Glenn during the trial and supplied from memory the changes which he had made in the copy which he had presented to the judge on the trial. An assignment of error cannot properly be made on a written request to charge unless the copy of the request set out in the motion is a literal copy of the paper which was given to the judge. If the copy thus included in the motion for. new trial is not a correct copy, the judge has the right to refuse to certify to the same and to strike the ground based thereon out of the motion for new trial. The usual practice is for counsel, when the judge refuses to give in charge a written request, to get the original paper back from the judge with an endorsement thereon from him, showing what portions of the reqnest to charge he gave to the jury and what portions of the request to charge be refused to give to the jury. Counsel who neglect to take this precaution necessarily run the risk of losing the ad..; vantage of assignment of error upon the refusal to charge. Judge Gober states that he inserted in certain grounds of the motion portions of the charge in order that the full context might appear. The memorialists complain that this was inserted in a way which did not show what part of the motion had originally been written by counsel and what part had .subsequently been written by the judge.. As the original motion for new trial does not go to the Supreme Uourt, but is copied into the record by the clerk, even if such distinction had been shown in the original motion by difference in handwriting, it would not appear in the certified copy which went to the Supreme Court. This difference in the certified copy which went to the Supreme Court could only have been shown by a note appended by the judge which is a. JoURNAL OF THE SENATE. practice condemned by the Supreme Court in 76 Ga. page 669. It was shown by the production of certain records that ~: similar practice of changing the grounds of the motion by insertions made by the presiding judge had prevailed in that drcuit under two preceding judges, the only difference being that the matter thus inserted was in the handwriting of the judges. In the opinion of the committee, all these matters as to changes in the motion made prior to the approval of the motion are matters of practice. They may be good practice or they may be bad practice, but they are not matters which go to the extent of sustaining charges of corruption. If the changes were made afler the approval of the motion and after it had thus became . a record of the court, it would be otherwise. If this practice is deemed so bad as to require its prohibition, it it;~ a matter to be corrected by legislative enactment, but so long as it is not thus prohibited, it is not a matter for legislative inquiry and condemnation. The same may be said of the practice of hearing argument upon a motion before the grounds are approved. In the opinion of the committee it is a bad practice, but it is unquestionably one which prevails not only in the Blue Ridge Circuit but in some other circuits of the state. With reference to thE> correction of the motion for new trial in Marietta after the approval of the same, when the memorialists were present in the courthouse with the judge, there is also an irreconcilable conflict of testimony. The memorialists insist that they remained with the judge several hours, and that important changes were made, thereby restoring an of the original motion so far as they could recall it. 'fhe judge, on the contrary, testifies that the only WEDNESDAY, DECEMBER 14, 1892. 433 change made was in a few lines written by himself correcting an assignment of error so as to conform to the wishes of the counsel, but that in no particular were the recitals of fact in the grounds changed. He further testified that they were engaged in this matter but a short time. There was corroborating testimony as to the assertions of each as to the length of time they were so engaged. The last complaint made by the memorialists is that the judge oppressively and wantonly issued a ru1e agS.inst them to show cause why they should not be punished for contempt for the removal of the record in.this case from Pickens Superior Court, when as they allege the judge knew that they did not have such record. The facts as shown on this point, the committee find substantially to be as follows: At the September term, 1892, of Pickens Superior Court, the judge was applied to by the wife of Seaborn Lansdown to assist in procuring a pardon for him. He was the convict who had, on the first week of the court, in the April term, 1890, consented to a verdict of guilty. '!'here being no evidence in the case of the party pleading guilty and Lhe judge desiring to examine the evidence on the trial of some of the other convicts who had been tried for the same offense, called on the clerk for the papers in the case of these four convicts who had been represented by the memorialists. 'l'he information received by him from the clerk was that the papers had been given to the counsel for these men. In searching for the papers the clerk found a receipt of one of the counsel. A rule in the usual form was issued against all of the counsel, for the purpose of recovering possession of the papers. The clerk, who brought the rule to Atlanta to serve upon the memorialists, w:as instructed by the judge if the papers were produced that he need not serve the rule. This rule was re- 434 JOURNAl, OF THE SENATE. turnable on Monday. Having ascertained to his satisfaction that the counsel did not have the papers, on Sunday prior to the Monday, Judge Gober himself telegraphed to each of the memorialists in Atlanta as follows: MARIETTA, GA., October 2. Cicero D. Maddox, Attorney at Law: Clerk says you claim papers were returned and you have not since bad them. If so you can mail such answer to clerk and you need not go. These two dispatches he prepaid persvnally at a cost of $1.22. It is against the law for papers to be removed from the county without the order of the court, and when they are missing and the judge has reason to believe that any one is responsible for such removal, he has the right to issue a rule to compel their return. If it he conceded that Judge Gober was hasty in the issuance of the rule, the fact that he instructed the clerk not to serve the same. upon the memorialists if they produced the papers, and the additional fact that he sent the two telegrams as above stated to save them from the annoyance and expense of attending the court in Pickens county to answer the same, certainly acquit him of any reasonable charge that the rule was issued by him oppressively and wantonly for the purpose of injuring the memorialists. The original motion for new trial has never been recovered, nor has its loss been accounted for in any way. It is charged that during the trial of these prisoners, the judge excluded frbm the court room the father of one of the prisoners and a rdative of another one o the prisoners. The testimony shows that the only exclusion of any one from the court room made by the judge, was a general exclu~ion of all parties whose names were in the jury box, the design being to prevent them from ' WEDNESDAY, DECEMBER 14, 1892. 435 being disqualified as juror& in the trial of other cases of a like nature. There was no specific e...:clusion of any individual. Thomas J. Field, the father of one of .the prisoners~ testified that he was excluded under this general order and that he applied to the bailiff to get permission for him to return into the court room, he being at the time outside of the court-house. He testified that the bailiff came to the door and shook his head at him, but he does not know that any application was ever made to the judge to admit him. Another relative, who was excluded under the same general order, John G. Coffey, testified that after having been so excluded, he applied to Judge Gober for permission to remain in the court-house, and the judge permitted him to do so. An inspection of the evidence in this case will show that a very large proportion, if not the greater part of it, relates tothe questions of the personal animosities between the parties, and to the motives of the memorialists. In the opinion of the committee, this evidence is properly passed over by them without discussion or comment. The legitimate scope of a legislative investigation does not extend to the ordinary, or even unusual personal differences between court and counsel. If it did, each legislature would be burdened with investigations of this character. Legislative enquiries into judicial conduct should be limited to charges which import the graver official misdemeanors, for the correction of which the Constitution vests the solemn powers of impeachment and trial in the General Assembly. It is to the interest of the public that the dignity and influence of the bench should be maintained, as well as its purity, while it is the obligation of the State to see that the powers of the bench are not exercised either tyrannically or oppressively to the citizen. 436 JouJOIAJ, OF THE SENATE. Your committee has patielltly an bonds of the State as they mature (in accordance with article 7, section 14, paragraph 7 of the Constitution of 1877), by a tax therefor, and for othPr purposes. A bill to amend an act approved Pebruary 21, 1873, entitled an act to create and organize Commissioners of Chatham county, who shall be ex o_tficio judges, etc., and for other purposes. A bill to amend an act approved September u, 1882, THuRsmw, DECEMBER 15, 1892. 445 to i11corporate the town of Ward, and for other purposes. A bill to alter and amend the charter of the town of Hawkinsville, so as to make its corporate name the city of Hawkinsville. A bill to change and amend the charter of the town of Hawkinsville, so as to change and enlarge its corporate limits. A bill to amend an act to incorporate the Planters Bank of Americus, and for other purposes. A bill to amend an act to incorporate the MaddoxRucker Banking Company, etc., and for other purposes. A bill amending the charter of the Atlanta Guaranty Savings Bank A bill to amend an act to incorporate a bank in the city of Milledgeville, to be known as the Mil1edgeville Banking Company, and for other purposes. A bill to establish the County Court for the county of Dooly, etc., and for other purposes. I A bill to amend the act approved Novemher 11, 1889, to carry into effect article 7, section 1, paragraph 1 of the Constitution of 1877. A bill io incorporate the town of Statham, in the county of Jackson, and for other purposes. A bill to amend an act to reincorporate the town of Waycross as the city of Waycross, and for other purposes. 446 Jot'RNAL OJ<' THE SENATE. A bill to amend an act approved November 11, 1889, incorporating the city of Emerson, etc., and for other purposes. The unfinished business of yesterday was resumed, to-wit: The General Appropriation bill, the 5th section thereof being first in order. Section 5 was rPad and amended, on motion of tqe'~ committee, as follows, to-wit: Amend by adding after the word "in " in the seventh line, and before the figures "1893" in the eighth line, the words "each of the years," and by adding after the figures r- '' 1893" in the eighth line, the word and figures "and 1894." Also, amend section 5 by striking out the last three lines of said section. Section 5, as amended, was adopted. Section 6 was read and amended as follows, to-wit : Amend section 6 by adding an " s" to the word "year " in the ninth line, and by adding after the figures "1893" in the same line, the word and figures "and 1894," by adding after the word "for " and before the figures "1893 " in the 119th line, in section 6, the words "each of the years," and after the figures "189'~ " in the same line, the word and figures "and 1894." :Mr. Chambers moved to amend section 6 by adding thereto the following words, to-wit : "The purchase of Georgia Form Books by the State Librarian, to be issued to justices of the peace and notaries public who have never been supplied, the sum of two hun- THURSJ>A Y, DECEMBER 15, Ui!J:l. 4-l-7 dred and fifty dollars, or so much thereof as may be necessary. This amendment was lost. Mr. Persons moved to amend section 6 by striking therefrom the eleventh line of the printed bill, which reads: "For geological survey, the sum of $8,000~ as provided by act of 1889." This amendment was adopted. Mr. Wooten moved to amend by inserting a new paragraph in section 6, to read as follows, to-wit: " For the printing of a military code and regulations, the printing and binding of books and blanks of military record, the completion of the rifle range at the permanent encampment site, and for the purchase of necessary ammunition and appurtenances for rifle firing, the sum of two thousand dollars, or so much thereof as may be necessary. ']'his amendment was withdrawn by the mover. Mr. Hackett moved to amend section 6 by striking out line eleven of said section. This amendment was withdrawn. Mr. Hackett moved to amend section 6 by striking therefrom the lines 149, 150, 151, 152 and 158, being the appropriation for benefit of the volunteer forces of this State. On the adoption of this amendment, Mr. Hackett called for the ayes and nays, which were recorded. 448 JOURNAL OF THE SENATE. Those who voted in the affirmative are Messrs.- Crawford, Davis, Hackett, McAfee, Pope, Reaves, Scaife, Smith of 19th Dist., Thompson, Whittaker. Those who voted in the negative are Messrs.- Blalock, Chambers, Corput, Daley, Dennard, Edwards, Fitzgerald, Fleming, Gholston, Hatcher, Humphries, Jenkins, Johnson, Monk, Moore, Pinson, Reese, Rembert, Robbe, Russell, Sirmans, Smith of Vith Dist., Smith of 34th Dist., Smith of 41st Dist., Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist. There are ayes 10 ; there are nays 29. So t.he amendment was not adopted. Mr. Humphries moved to amend section 6 by striking out the word "eighteen" and inserting the word " sixteen,'' so that said section will read " sixteen thousand dollars." This motion was lost. Mr. McAfee moved to amend section 6 by striking the words in the seventeenth line of the printed bill, "fifteen hundred dollars," and inserting in lieu thereof "five hundred dollars." Mr. Humphries moved to amen.d the amendment o.f Mr. McAfee by striking therefrom ":five hundred dollars," and inserting in lieu thereof "one thousand dollars. This amendment was lost, and the question recur- THURSDAY' DECEliBER 1-'5, 18!)~. 449 ring upon the amendment proposed by Mr. McAfee, Mr. Corput required the ayes and nays to be recorded. Those who voted in the affirmative are Messrs.- Chambers, Crawford, Daley, Davis, Dennard, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, .Jenkins, l\IcAfee, l\Ionk, Moore, Person~, Pope, Reaye~, Rembert, Russl'll, Scaife, Sirmans, Smith of l!lth Dist., Smith of 34th Dist., Smith of 41st Dist., Whittaker, ~Wil>ist., Smith of 34th Dist., Smith of 41st Dist., Wilson of 11th Dist., Wilson of l?.th Dist., 'Vilcox:, THURSDAY, DECEMBER 15, 1892. 451 Gholston, Hackett, Hatcher, Reese, Rembert, Robbe, Wooten, Wright of l~t Dist. Those who voted in the negative are Messrs.-- Whittaker. There are ayes 38 ; there are nays 1. So the bill was passed, as amended, by a constitutional majority, and on motion of Mr. Corput, was ordered to be immediately transmitted to the House of Representatives. The following message was received frotp the House through Mr. Hardin, the Clerk thereof : Mr. President: The Ho1Jse has passed the following bill by the requisite constitutional majority, to-wit: A bill to a11thorize the mayor and council of the city of West Point to issue bonds for opening of new streets, construction of sewers and other improvements. Mr. Jenkins offered the following resolution, which was taken up, read and unanimously agreed to, towit: WHEREAS, Messrs. "\V. C. Glenn and C. D. Maddox submitted a memorial to the General Assembly at the present session containing charges which seriously reflected upon the honesty, uprightnessand official character of Hon. George ll,. Gober, Judge of the Blue Ridge Circuit; and WHEREAS, At Judge Gober's instance and request . 452 JOURNAL OF THE SENATE. a joint committee of the Senate and House was appointed to investigate the truth of said charges ; and WHERJoiAS, After a patient and laborious investigation said committee has found against the memorialists and in favor of Judge Gober; therefore be it Resolved by tke Senate, 'l'hat the said report be, and the same is hereby adopted, and the Ron. George Ji'. Gober, Judge of the Blue Ridge Circuit, be, and he is, hereby fully and completely axonorated from said charges. The following ineRsage was received from the House 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 authorize the Governor to appoint an agent to look after the property of the .State of Georgia in Tennessee and in GAorgia along the line o[ the Western and Atlantic Railroad. The House has also passed the following Senate bills as amended, to-wit : A bill to amend the several acts incorporat-ing the village of Cave Spring ; . to pro\"ide for registration of legal votets, and for other purposes. Also, a bill to authorize the Board of Commissioners of Roads and Revenues in the various counties where such boards have been created, or the ordinaries or judges of the county courts in such counties, to bid on and hold real property sold for taxes, and for other purposes. THURSDAY, DECEMBER 15, 1892. 453 The following bills of the House were read the first time and referred as indicated, to-wH : A bill to amend the local option act for Troup county. Referred to t.he Committee on Temperance. A bill to amend an act to incorporate the State Savings and Banking Company, approved November 13, 1889, etc., and for other purposes, Referred to the Committee on Banks. A bill to amend the Common School Laws of this State by requiring the State School Commissioner to make an annual report, and for other purposes. Referred to the Committee on Public Schools. A bill to amend an act to prescribe the duty of electric telegraph companies, approved October 22, 1887. Referred t.o the General Judiciary Committee. A bill to authorize attorneys and agents to swear to the best of their knowledge and belief in certain cases. Referred to the General Judiciary Committee. A bill to appropriate $657.11 to pay one third of the cost of paving Peachtree street in the city of Atlanta, in front of the Governor's mansion, etc. Referred to the Colnmitt(:'e on Finance. A bill to repeal an act to provide for the incorpo- .JouRXAL oF THE SEX.\TK rating of railroads in this State, etc., and for other purposes. Referred to the Uommittee on Railroads. A bill to amend section 4 of an act to fix the bonds of all tax-collectors in counties of this State having a population of 30,000 or more, etc., and for other purposes. Referred to the General .Tndiciary Committee. A bilJ to make the sheriffs and their deputies of the several counties in this State wherein County Dourts have been established, or where such courts may be hereafter established, ex officio ministerial afficers of said County Courts, and for other pur poses. Referred to the General Judiciary Committee. A bill to provide for an election on the question of issuing bonds to create an electric light plant for the city of Carrollton. Referred to the Commit.tee on Corporations. A bill fixing the compensation 0f persons employed in holding general elections in the county of Randolph, etc. Referred to the Special Judiciary Committee. A bill to amend section 6 of the act establishing public schools _in the town of Jonesboro, Georgia. Referred to the Committee on Public Schools. A bill to empower judges of Superior Courts and -other courts to grant orders in ,-acation for perfecting THURSDAY, DECEMBER 15, 1892. service of suits pending in said courts, and for other purposes. Referred to the General Judiciary Committee. A bill to authorize c.ertain disabled Confederate soldiers of this State to carry on the business of photography, etc., without paying. license. Referred to the Committee on Pinance. A bill to authorize the Governor to appoint an agent to look after the property of the State in Tennessee and in Georgia along the line of the Western and Atlantic Railroad, etc. Referred to the Committee on Finance. A bill to readjust the calendar of the Coweta Cir- cuit. Referred to the Special Judiciary Committee. A. bill to authorize the mayor and city council of Carrollton, Ga., to hold as many elections as may be necessary, as often as they deem meet and proper, on the question of issuing and selling bonds not to exceed $25,000, for the purpose of providing a system of water works, etc., and for other purposes. Referred to the Committee on Corporations. A bill to authorize the mayor and council of 'Vest Point to issue bonds, etc., and for other purposes. Referred to the Committee on Corporations. A bill to amend an act to create a system of public. schools for the city of Marietta, etc., and for other purposes. Referred to the Special Judiciary Committee. 456 .JotmSAL OI<' THE SEXATE. A bill to amend the charter of the town of Hawkinsville, so as to authorize an election on the question of issuing bonds for the construction of water works in said city. Referred to the Committee on Corporations. The amendment of the House to the bill of the Senate to amend the several acts incorporating the village of Cave Spring, in the county of Floyd. The Senate, on motion, adjourned until 7: 30 o'clock J>; )L this day. SENATE CH.UIBER, 7:30 O'clock P. )L The Senate met pursuant to adjournment and was called to order by the President. The roll call was, on motion, dispensed with. The bill of the House to iucorporate the town of Nashville, in Berrien county, was, on motion, taken from the Committee on Corporations, read the second time and recommitted. The bill of the House to authorize the mayor and aldermen of Newnan to issue and sell bonds for establishing and operating a system of water works, was read the second time and recommitted to the Committee on Corporations. Mr. Jenkins, Chairman Committee on Railroads, submitted the following report : Mr. President: Yotu committee have had under consideration the THURSDAY, DECEMBER 15, 1892. 457 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 carry into effect article 3, section 7, paragraph 18 of the Constitution of this State. Respectfully submitted. JENKINS, Chairman. On motion of Mr. Hacket.t the rule was suspended and the Senate took .up the report of the Finance Committee on the resolution of the House for the relief of 0. B. Smith, C. C. Wheeler, J. H. Rhinehart, H. F. Evans and 'fhomas Wilson. The report was agreed to. The resolution was read the third time, and on the question of concurfirig therein, the ayes and nays were recorded. Those who voted in the affirmative are Messrs.- Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, . Edwru:ds, Fitzgerald, Gholston, Hackett, Hatcher, Humphries, Jenkins, Johnson, McAfee, Monk, Moore, Persons, Reaves, Reese, Rembert, Robbe, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Whittaker, Wilson of 13th Dist., Wilcox. Those who voted in the negative are Messrs.- Matthews, . Pope. ,There are ayes 33 ; there are nays 2. .So the resolution was concurred in by a constitutional majority. 30 4[;8 JouRNAL oF THE SE.XA'rE. On motion of Mr. Smith of the Thirty-fourth District, the bill of the House to amend section 4 of an act to fix the bonds of all tax-collectors in counties of this State having a population of 30,000 or more, etc., and for other purposes, was transferred from the General J udiciay Committee to the Special Judiciary Committee. The Senate on motion of Mr. Jenkins took up the -report of the Committee on Railroads on the bill of the House t.o carry into effect article 3, section 7, -paragraph 18 of the Constitution of this State, in so far as the same relates to the issuing and granting corporate powers and privileges to railroad com- panies by the Secretary of State, and for other purposes. The committee reported in favor of its passage by substitute. The subst.itute was adopted and the repol."t was agreed to. The bill was read the third time .and passed as amended by substitute, ayes 29, nays 0. This bill was ordered to be iJllmediately transmitted to the House. Mr. Monk, Chairman 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 Secreiary of the Senate and of the Speaker and Clerk of the House the following Senate acts, to-wit: THURSDAY, DECEMBER 15, 1892. 459 I An act to amend an act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the various acts amendatory thereof, to authorize :Said mayor and general council to contract directly for the paving of streets occupied by the tracks of -street railroad companies, and to require said street railroad companies to pay for the paving of the space .therein occupied by them as now provided by law, etc. Also, an act to authorize the Board of Commissioners of Roads and Revenues in the various counties where such boards have been created, as the ordinaries or the judges of the county court in such -counties as have such officers in charge of these roads and revenues, to bid on and hold real property properly and lawfully offered for sale by virtue of .tax ft. fas., etc. Also, an act to amend the several acts incorporating the village of Cave Spring in the county of Floyd, to provide for the registration of legal voters and who shall be constituted legal voters and for other purposes. Respectfully submitted. S. S. MoNK, Chairman. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has passed by the requisite constitu- tional majority, the following House bill, to-wit: A bill to repeal an act creating a Board of Commis:Sioners of Roads and Revenues for Pulaski county 460 JouRNAL oJo' .rHJ<; SENA'l'E. \ Also, the following Senate bills iailing to receive the requsite constitutional majority were lost, to-wit: A bill to repeal an act approved October 5, 1885. to amend an act to establish a County Court for the county of Effingham. Also, a bill to repeal an act to amend section 1455 of the Code. Mr. Corput, Chairman of Committee on Finance, submitted the following report : Mr. President: Your committee, to whom was referred the addresl:l of the ex-Confederate Veterans' Association, in reference to a pension for V. J e:fferson Davis, the widow of Jefferson Davis, late President of the Southern Confederacy, beg leave to report: We suggest that the address, which was referred by the Senate to the Committee on Finance, be returned to the Senate with the recommendation that the following resolution be adopted by that body, towit: WHEREAS, 'l'he Senate has received an address and memorial from a committee of the Ex-Confederate Association covering a resolution unanimously adopted by that association at its convention held in New Orleans, April 9, 1892, wherein said association asks the several States that composed the late South- ern Confederacy, and the five civilized tribes of the .. Indian Territory to grant. a pension to V. Jefferson Davis, the venerable and much loved widow of the illustrious President of the late Confederate States of America ; therefore TneRsDA Y, DJWEMBER 15, 1892 461 Resol11ed by the Senate of Georgia, That the mak- ing of suitable and adequate provision for the independent and comfortable support of this worthy and renowned lady, who is so dear to all this Southland of our.s, both as the beloved and trusted companion of our great chieftain and as the dis- tinguished exponent of all those characteristics of loveliness, dignity and truth which we so much ad- mire in the women of the South, is a subject that recommends itself to the warmest approval and the deepest sympathy of every heart in this Senate ; but in our official capacity as senators of the common- wealth of Georgia we are confronted with the fact that the Constitution of the State contains no warrant whereby we could be justified in making an appro- priation from our treasury for this laudable purpose. But we stand ready as citizens, as patriots and as ad- mirers of the noble life and character of this distin- guished lady to pledge ourselves individually to the promotion of any plan by which her remaining years, which we pray may be many, shall be rendered com- fortable, happy and free from anxiety and care. Respectfully submitted. FELIX CoRPUT, Chairman. 'fhe Hon. W. '1'. Milner, C. A. T. Thornlow and J. T. Bogden, of Fayette, were, by resolution of Mr. Blalock, tendered seats in the Senate. 'fhe Senate took up the report of the Pinance Committee on the bill of the House to be entitled an act to levy and collect a tax for the support of the State government and the public institutions; fl)r educational purposes in instructing children in the elementary branches of an English education only; to pay the interest of Lhe public debt, and to pay 462 JOURNAL OF THE SENATE. maimed Confederate soldiers and widows of Confederates such amounts as are allowed them by law for the fiscal year eighteen hundred and ninety-three, and to prescribe what persons, professions and property are liable to taxation ; to prescribe the methods of receiving and collecting said taxes; to prescribe the method of ascertaining the property of this State subject to taxation; prescribe additional questions to be propounded to tax payers~ and to provide penalties and forfeitures for non-payment of taxes, and for other purposes. The bill was, on motion, taken up by sections. Amend caption by adding after :the word " for " and before the word "the" in the eleventh line, the words "each of," by adding after the words "ninety- three" in the thirteenth line, the words" and eighteen hundred and ninety-four." Section! was read and amended as follows : Amend by striking out in the ninth and tenth lines th.e words "two and one-tenth mills" and substituting therefor the words "two mills and ninety-three one-hundredths of a mill," and by striking all of that section beginning with the word "and" in the twentyfifth line and ending with the words " General Assembly" in the thirty-eighth line. Amend section 1 further by adding in the eighth line after the word "for " and before the word " the,". " each of,'' by adding an "s '' to the word "year '' in the same line, and by adding after the word" ninet.ythree" and before the word "of " in the ninth line the words "and eighteen hundred and ninety-four," by adding after the word '' for " and before the word "the" in the seventh line of same section the words THURSDAY, DECEMRER 15, ISH~. 11.i3 "each of," by adding an "s" to the word "year " in same line, and by adding after the words ''ninety- three" and before the word "on " in the eighteenth line the words "and eighteen hundred and ninety- four." section 1 was adopted as amended. Section 2 was read and amended as follow~;~ : By . adding after- the word "for " in the eighth line and before the word "the " in the ninth line t.he words "each of," by adding an "s" to the word "year " in the ninth line, and by adding after the words "nine- ty-three" in the tenth line, the words ''and eighteen hundred and ninety-four." The second section was further amended, on motion of Mr. Smith of the Thirty-fourth District, as follows, to-wit : Amend by adding to paragraph 9 of said section the following: "provided furtheJ, that railroad ticket agents selling accident insurance ticket~ 6hall not be deemed insurance agents in the sense of this section, and this section shall not apply to railroad ticket agents selling accident insurance tickets, and that railroad ticket agents shall not be required to pay the said tax." Section 2 was fu.rther amended, on motion of Mr. Jenkins, by striking from paragraph 8 the word "fiftY'' and inserting "one hundred." Section 2 was further amended as follows : By adding after the word "for" in the eighth line and before the word "the" in the ninth line the words "each of," by adding an "s" to the word "year" in the ninth line, and by-adding after the words "ninetythree" in the tenth line the words "and eighteen . hundred and ninety-four." 464 JouRNAL OF THE SENATE. Section 2 was further amended by adding after tb,e word "societies" in the 112th line the words "or of solicitors or canvassers or collectors or industrial life insurance companies writing life insurance for premiums collected weekly, not exceeding sixty cents per week for each life insurance." Amend paragraph 14 of the same section by add- ing "circus company" in the 146th and 147th lines, and before the words "three hundred" in the 1o0th line the words "or others giving an exhibition be- neath or within a canvas encloAure, advertised in print or by parade, or in any manner whatsoever, as a circus, menagerie, hippodrome, spectacle or shows" implying a circus. Amend paragraph 12 of same section by striking the words "two hundred and fifty" in the 130th lin.e and inserting in lieu thereof the words "twenty-five." Amend paragraph 22 of same section by adding after the word "houses" and before the word "doing" in the 26oth line the words "or dealers." Section 2 was further amended, on motion of Mr. Reese, by striking from the 12th paragraph ''$200.00" and inserting "$60.00.'' Section 2 w'as adopted as amended. 0 Sections 3, 4, 5 and 6 were read and severally adopted. Section 7 was read and amended as follows, on motion of Mr. Corput: Amend by adding after theword "thereof" in the eleventh line the words ''residing in the State of Georgia." THURSDAY, DECF.MBER 15, 1892. 465 ,On motion of Mr. Hatcher, section 7 was further amended by striking out the following words : "which tax shall be in lieu of all other taxes and licenses, and no municipal corporation or county authorities shall levy any additional tax on said association, either as a license fee or otherwise. Section 7 was adopted as amended. Section 8 was read and adopted. Section 9 was read and amended as follows : Amend by striking all of paragraph 3 of said section, commencing with the fifty-sixth line and ending with the seventieth line, and substituting therefor the following : That each non-resident person or company, whose sleeping cars are rnn in this State, shall be taxed as follows : Ascertain the whole number of miles of railroads over which such sleeping cars are run, and ascertain the entire value of all sleeping cars of such person or company, then tax such sleeping cars at the regular tax rate imposed upon the property of this State in the same proportion to the entire value of such sleeping cars that the length of lines in this State over which such cars run bears to the length of the lines of all said roads over which such sleeping cars are run. The return shall be made to the Comptroller-General by the president; manager, general agent or person in control of such cars in this State: The Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of such sleeping cars shall fail or refuse to answer under oath tbe questions so propounded, then the Comptroller-Genera] shall obtain the information from 466 JoURNAL OF THE SENATE. such sources as he may, and be.shall assess a double tax on such sleeping cars. If the taxes herein provided for are not paid; the Comptroller-General shall issue executions against the-owners of such cars, which may be levied by the sheriff of any county in this State upon the sleeping car or cars of the owner who has failed to pay these taxes. Mr. Hatcher moved to amend section 9 as follows : It shall be the duty of the president, secretary or auditor of each and every company owning and operating sleeping cars in this State to make, under oath, to the Comptroller-General on or before the -.- day of - - - in each year a report, in writing~ showing the principal place of business of such company, the amount of capital stock, the number of shares into which said stock is divided, and the par value of each share. Such report must also further show the total number ol miles run by the cars of the said company in this Stat1. Also, said report shall further show the total amount invested by said company outside of the State of Georgia in real estate, manufacturing plants, material and other in- vestments not connected with the operation of sleepiog cars. If such report is not made on or before the day specified, then the Comptroller-General shall proceed with such information as he may. be able to obtain to ascertain the items, values and other matters mentioned and required by said report. The Comptroller-General shall then proceed to assess the property of such company in this State by deducting from the whole capital stock of the company such an amount as is invested in real estate, manufacturing plants, material and other forms of investment outside of the State of Georgia not concerned in the THURSDAY, DECEMBER 15, 1892. 467 operation of sleeping cars, and shall then take such proportion of the remainder of the capital stock as the number of miles run by the cars of the company in the State of Georgia bears to the whole number of miles run by the cars of said company as its property in those States where it is subject to taxation, and shall assess such proportion as other property is assessed in this State. Such assessment, when made and the taxes paid hereunder, shall be in lieu of all other assessments and taxes in this State. The Comptroller-General shall render to such company a statement of the taxes thereon, which amount sh~ll be paid by said company into the treasury. If the taxes herein provided for are not paid, the Comptroller-General shall issue execution against the owner of such cars, which may be levied by the sheriff of any county in this State upon the sleeping car or cars of. the owner who has failed t<> pay the taxes. This amendment was lost. Section 9 was adopted as amended. Sections.10, 11, 12, 13, 14, 15 and 16 were severally read and adopted. Section 17 was read and amended as follows : Amend by adding after the word "of '' and before the word "the" in the eighth line the words "each of," by adding an "s" to the word "year" in the same line, by adding after the figures '1893" in the same line the word and figures "and 1894," by adding after the word "December" in the twelfth line and before tl;le figures "1893" in the thirteenth line the words "of each of the years,'' and by adding after 468 JouRNAL OF THE S~<.:NATE. the figures "1893'' in the thirteenth line the word and figures "and 1894." Section 17 was adopted as amended. Section 18 was read and adopted. Section 19 was read and amended as follows : by adding after the word "April" and before the figures '" 1893 '' in the third line, the words "oi each of the years," and by adding after the figures "1893" in the same line, the word and figures "and 1894," and after the figure ''1st" and before the figures "1893," in the seventh line, the words ''of each of the years," and by adding after the figures " 1893 " in the same line, the word and figures "and 1894," by adding after the figure "1st" and before the figures "1893" in the tenth line, the words "of each of the years," and after the figures "1893" in Lhe same line, the word and figures ''and 1894." Section 19 was adopted, as amended. Section 20 was read and adopte'd. The report, as amended, was agreed to. The bill was read the third time and on the ques- tion of its passage, as amended, the ayes and nays were recorded. Those who voted in the affirmative are Messrs.- Blalock, Corput, Crawford, Daley, Davis, Edwards, I<'itzgerald, Hatcher, .Jenkins, Johnson, McAfee, Moore, Persons, Pinson, Pope, Reaves, Reese, Robbe, Russell, Sirmans, Smith of 15th Dist., Smith of 34th Dist., Smith of 41st Dist., Wilson of 13th Dist., Wilcox, Wooten, Mr. President. There are ayes 26 ; there are nays 0. FRIDAY, DECEMBER 16; 1892. So the bill was passed, as amended, by a constitutional majority, and, on motion of Mr. Corput, was ordered.to be immediately transmitted to the House. The Senate adjourned on motion until 9 o'clock A.M. to-morrow. SENATE CHAMBER, ATLANTA, GEORGIA, Friday, December 16, 1892, 9 O'clock A. M. 'fhe Senate met pursuant to adjournment, and was called to order by the President pro. tem. Prayer was offered by the Chaplain. On the call of the roll the following Senators an swered to their names : Blalock, Chambers, Corput, Crawford, Daley, Davis, Dennard, Edwards, Fitzgerald, Fleming, Gholston, Hackett, Hatcher, Humphries, Jenkins, .Johnson, McAfee, :Matthews, Monk, Moore, Person~'<; Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Russell, Scaife, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Smith of 34th Dist., Smith of 41st Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wilcox, Wooten, Wright of 1st Dist., Wright of 38th Dist., Mr. President. Mr. Fitzgerald, Chairman Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate. ' 470 . .JOURNAL OF THE SENATE. Mr. Corput, Chairman of the Finance 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 authorize certain disabled Confederate -soldiers who are daguerreans, to carry on their business without paying any license. Also, a bill to authorize the Governor to appoint an agent to look a!ter the property of the State of G-eorgia in Tennessee and in Georgia, and- for other purposes. Also, a bill to appropriate six hundred and fifty -seven and eleven one-hundredths ($657 .11) dollars to pay one third of the cost of paving Peachtree street in front of the Governor's mansion. Respectfully submitted. FELIX CoRPUT, Chairman. Mr. Reese, Chairman of the General Judiciary Committee, submitted the following report : Mr. President: Your committee have had under consideration the following House bills, which they instruct me toreport back, with the recommendation that the same do pass, to-wit: A bill to fix the tinie of holding the Superior Court of Rabun county. FRIDAY, DECI!:MB.ER 16, 1892. 471 Also, a bill to amend an act to prescribe the duties of electric telegraph companies, etc. Also, a House resolution requiring the Governor to cause the Attorney-General to institute suits in Superior Courts to cancel, and declare illegal and void certain contracts of corporations, etc., which they recommend do not pass. Your committee also instruct me to report back the following SE-nate and House bills which were referred to your committee, with the recommendation that the same be laid on the table as unfinished business, to-wit : Senate t-ills Nos. 112, 17, 80, 8, 3, Rfl, 20 and 118, and House bills Nos. 68, 103, 111, 288 and 325. RespectfuJly submitted. M. P. REESE;, Chairman. Mr: Monk, Chairman of ~he Enrollment Committee, submit.ted the following report : Mr. President: Your committee report as duly enrolled and ready for the signatures of the President and Secretary of the Senate and the Speaker and Clerk of the Houst>, the following Senate act, to-wit: An act to provide for the registration of the qualified voters of Taylor county and to provide for carrying the same into effect, and for other purposes. Respectfully submitted. S. S. MoNK, Chairman. .JoeRXAL OF THE SENATE. Mr. Persons, Chairman Committee on Banks, submitted the following report : Mr. President: Your Committee on Ranks have had under consideration the followj_ng 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 entitled an act to incorporate the State Savings and Banking Company, approved November 13, 1889, to change the. name of said bank to Fulton Savings Bank, to fix a period of succession for thirty years, to authorize increase in board of directors, to lend money and how collected, and for other purposes. Respectfully submitted. A. P. PERSONS, Chairman. Mr. Robbe, Chairman Committee on Public Schools, submitted the following report: Jfr. President: Your committee have had under consideration the following House bill which they instruct me to report back, with the recommendation that the same. do pass, to-wit: A bill to amend the Common School Laws of this State. Respectfully submitted. C. A. RoBBE, Chairman. The following message was received from the House throagh Mr. Hardin, the Clerk thereof : FRIDAY, DECEMBER 16, 1R92. 473 Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit: A bill to alter and amend the charter of the city of Brunswick, approved November 12, 1889. Also, a bill to repeal an act to amend an act to authorize a County Court for the county of Effingham. Also, a bill to amend an act authorizing the city of Newnan to make an additional issuance of bonds for school purposes. Also, a bill to authorize a system of public schools in the city of Albany, Ga. Also, a bill to establish a system of public schools in the town of Roswell. Also, a bill to confirm certain ordinances of the city council of Augusta, and for other purposes. Also, a bill to authorize the mayor and council of Toccoa to issue bonds for the purpose of erecting and equipping school buildings in said town of 'foccoa, and for other purposes. Also, a bill to amend an act to incorporate the town of Omaha in the county of Stewart. Also, a bill to incorporate the town of Leslie in the county of Sumter. The House has concurred in the Senate substitute, with certain amendments, to the following bill of the House, to-wit : 31 474 JocRNAL OF THE SENATE. A bill to amend the act to allow pensions to certain Confederate widows, and for other purposes, approved December 23, 1890. 'fhe House has also passed by requisite constitutional majority the following Senate bills : A bill to authorize the Commissioners of Roads and Revenues of Stewart county to issue certain bonds, and for other purposes. Also, a bill to amend an act incorporating the town of W alesca, and for other purposes. Also, a bill to provide for the registration of the voters of Taylor county, and for other purposes. 'l'he House has also passed as amended the. following Senate bill, to-wit : A bill to define the elementary branches of an English education as used in paragraph 1, section 1, ar.ticle 8 of the Constitution. The House has also concurred in the following resolution of the Senate, to-wit : A resolution providing for the appointment of a committee to investigate and report at the next session of the General Assembly the cost of buildings which may be deemed necessary for. the Lunatic Asylum, and for other purposes. Mr. Robbe, Chairman of the Committee on Public Schools, submitted the following report : Mr. President: your Committee on Public Schools have had under ,F'RmAY, DECEMBER 16, 1892. 475 -consideration the following House bills which they instruct me to report ba.ck, with the recommendation that the same do pass, to-wit : A bill to be entitled on act to amend se0tion 6 of the act establishing public schools in the town of ..Tonesboro, Ga., and for other purposes. Also, a bill to be entitled an act to authorize the Board of Commissioners of the town of Tunnel Hill to establish a system of public schools for said town .and levy a tax for the maintenp,nce of the same. Also, a bill to set apart and loan certain land in the city of Milledgeville for school purposes, and for -other purposes. Respectfully submitted. C. A. RoBBE, Chairman. 'l'he Ron. J. W. Jones, of Bowden, Georgia, was tendered a seat in the Senate. The following bills of the House were read the f!econd time and passed to a third reading, to-wit : A bill to amend the Common School Laws of this State. A bill to authorize certain disabled Confederate f!oldiers who are photographers, etc., to do business without license. A bill to amend section 6 of the Public School Act of Jonesboro, Georgia. A bill to amend an act to prescribe the duty of electric telegraph companies, etc. 476 .JouRNAL o~ THE SENATE. A bill to appropriate $657.11 to pay one-third of ~he costs of paving Peachtree street in front of the Governor's mansion, etc. A bill to fix the time of holding the Superior Court of Rabun county. l A bill to authorize the Governor to appoint. an agent to look after the property of the State in Tennessee, etc. And, a bill to amend an act to incorporate the State Savings and Banking company, approved November 13, 1879, etc. The following bills of the House were read the second time and recommitted, to-wit : A bill to amend the local option act of 'l'roup county, etc., and for other purposes. A bill to provide for an election on the question of issuing bonds to create an electric light plant for the city of Carrollton. A bill to amend the charter of the town of Hawkinsville as relates to issuing bonds for creation of water works. A bill to authorize the mayor and council of Carrollton, Ga., to hold as many elections as may be necessary, as often as they may deem proper, on the question of issuing and selling bonds to build water works in said city. And a bill to authorize the mayor and council of tne city of West Point to issue bonds for the opening of new streets, etc. .FRIJJAY, DECJ<~MRI':H Hi, 1H92. 477 On motion of Mr. Corput, the amendments of the House to the substitute of the Senate for House bill to amend an act to allow pensions to certain Confederate widows, and for other purposes, approved De~ember 23, 1890, so as to change the amount of the .annual pension, and for other purposes. The amendment striking out from section 1 the "first eight lines on page 2, and also by striking out Georgia " in 13th line, also by striking out from lines 13, 14 and 15 the following words "and to the widow of every Confederate soldier who enlisted in a Georgia regiment." On motion to agree to this amendment the ayes and nays were recorded. Those who voted in the affirmative are Messrs.- Blalock, !}'itzgerald, Matthews, Pinson, Re~pbert, Scaife, Smith of 41st Dist., Wilson of 13th Dist. '!'hose who voted in the negative are Messrs.- Chambers, -. Rus~ell, Scaife, ~mith of 15th Dist., Smith of 19th Dist., Smith of 41Ft DiRt., Thompson, Whittaker, Wilsoii of 13th Dist.. Wilcox, Wooten, . Wright of 1st DiHt. 'l'hose who voted in the negative are Messrs.- ]'ope. There are ayes 33; there are nays l. So the resolution was concurred in by conetitutional majority. The Senate took up the report of the Finance Committee on the bill of the House to authorize the Commissioners of Roads and Revenues for Fulton county, Georgia, to pay the members of the Board of Equalization for said county for tlJe ten days extra service rendered by them during the year 1892, and for other purposes. The report was agreed to. The bill was read the third time and passed ; ayes 29, nays 0. 'fhe Senate took up the report of the Ji~inance Committee on the bill of the House to make an appropriation to the trustees of the University of Georgia for the State Technological School. FRill A y' l>.h:l'E:\JBIW 16, 11-!H~. 48!) 'fhe committee reported in favor of its passage. Mr. Davie moved to amend the report of the committee by fltriking out section 2, and making section 3 section 2. On the adoption of this amendment the ayes and nays were required and recorded. 'fhose who voted in the affirmative are Messrs.- Blalock, Crawford, Davi1:1, Dennard, Fitzgerald, Gholston, Hackett, ){cAfee, ~Iatthew!l, Monk, Pel'8ons, Pope, Reaves, Reese, Hussell, Scaife, Smith of l!Jth Di:~t., Thompson, Whittaker, Wilson of 11th Dist., Wright of 1st Dist.. Those who voted in the negative are Messrs.- Chambers, Corput, Daley, Edward~<, Fleming, Hatcher, Hnniphrie~<, .Jenkins, Johnson, Moore, Pinson, Rembert, Robbe, Sirmans, Smith of 15th Dist., Smith of 34th Dist., ~mith of 41st Dist., Wilson of 13th Dist.. Wilcox, Wooten. There are ayes 21 ; there are nays 20. So t.he amendment was adopted. The report, as amended, was agreed to. 'fhe bill was read the third time, and on the question of its passage, as amended, the ayes and nays were recorded. 'fhose who voted in the affirmative are Messrs.- Blalock, Chamber8, .Jenkins, .Johnson, Robbe, Russell, 486 .JoURNAL OF THE SENATE. .COrput, Crawford, Daley, Davis, Edwards, Fitzgerald, Fleming, Hackett, Hatcher, Humphries; *McAfee, Matthews, Monk, Moore, *Persons, Pinson, Pope, Reaves, Reese, Rembert, Scaife, Sirmans, Smith of 15th Dist , Smith of 34th Dist., Smith of 4lst Dist., *Wilson of 1lth Dist., *Wilson of 13th Dist., Wilcox, Wooten. Those who voted in the negative are Messrs.- Dennard, Gholston, Smith of 19th Dist., Whittaker, 'l'hompson, Wright of 1st Dist. There are ayes 34 ; there are nays 6. So the bill was passed, as amended, by constitutional majority, and on motion of Mr. Smith of the "Thirty-fourth District, was ordered immediately transmitted to the House. The Senate took up the report of the Finance Committee on the resolution of the House relating to the payment of $1,948.6-i for transportation and other expenses pertaining to the military encampment at Camp Chickamauga, Georgia, 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.- Blalock, Chambers, .Corput, Humphries, Jenkins, Johnson, Robbe, Russell, Scaife, *Explained his vote. FRIDAY, DIWEMBER Hi, 1892. 487 as follows : . ~ "'rhat if a citizen of this State is injured outside of the State on the line of a railroad chartered by this State, he may bring suit for such injury in th,e county of the ~esidence of such railroad." On the adoption of this amendment the ayes and nays were recorded. Those who voted in the affirmative are Messrs.- Dennard, Monk, Sirmans, Wilcox. Smith of 34th Dist., Those who voted in the negative are Messrs.- Blalock, Chambers, Crawford, Edwards, Fitzgerald, Gholston, Hackett, Hatcher, Jenkins, Johnson, McAfee, Moore, Pinson, Pope, Reaves, Reese, Rembert, Robbe, Robinson, Smith of 15th Dist., Smith of 19th Dist., Thompson, Whittaker, Wilson of 11th Dist., Wilson of 13th Dist., Wooten. There are ayes 5 ; there are nays 26. So the amendment was not adopted.. The amendments of the House were concurred in. The following message was received from the House t~rough Mr. Hardin, the Clerk : SATURDAY, DECEMBER 17, 1892. _515 Mr. President: 'rhe House has concurred in certain amendments of the Senate and refuses to cQncur_ in others, _to the following bill of t~e House, to-wit: A bill to make' appropriations for the ordinary ex- penses of the e.xecutive, judicial and legislative departments of the Government, and for other purposes. The amendments of the House to the foregoing bill were taken up and concurred in except the amendment striking out the _appropriation for the geological department, and the amendments extending the appropriations so as to embrace the year 1894. _- On motion the Senate insisted on these amendments and the request for a Committee on Conference being made and allow-ed, the President appointed as said committee Messrs. Corput, Persons and Robbe. Mr. Monk, Chairman of the Committee -on Enrollment, submitted the following- report: Mr. President: Your Committee on Enrollment have duly examined and found duly 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 acts to-wit : An act to provide for the payment of fines in bastardy cases to the Ordinary of the county, and for other purposes. Also, an act to amend section 5 of the general local option liquor law, approved: September 18, 1885, etc._ 516 JOURNAL OF THE 'SENATE. Also, an act to amend section 4711 of the Code of 1882: by providing how the issue shall be made in contempt cases, and providing for a trial by jury when a defendant denies that he has certain assets. Also, an act to require the clerks of the Superior Courts of this State to keep reverse index dockets to the general execution docket. Respectfully submitted. S. S. MoNK, Uhairman. Mr. Corput submitted the following report : Mr. President: The Conference Committee to consider the difference between the ~enate and the House on House bill No. 49 beg leave to report as follows : That the Senate substitute be amended by inserting in line 15, page 2, after the word "regiment" the following words, "and to the widow of every Confederate soldier who is herself a native Georgian." Respectfully submitted. PELIX CoRPUT, Chairman. This report was adopted. The Senate adjourned, on motion, until3: 30 o'clock P. ~I. SENATE CHAMBER, 3:30 O'CLOCK P.M. The Senate met pursuant to adjournment, and was called to order by the President. SATURDAY, DECEMBER 17, 1892. 517 The call of the roll was, on motion, dispensed with. The following communication was submitted to the Senate by the President, viz. : EXECUTIVE DEPARTMENT, Atlanta, Ga., December 17, 1892. To the Senate : I cordially invite the Senators of this State to attend a reception at the Executive Mansion on Thurs day night, December 22d instant, in honor of the Vice-President-elect of the United States, the Ron. Adlai Stevenson. Very respectfully, "\V. J. N OHTHEN, Governor. The following message was received from the House of Representatives through Mr. Hardin, the Ulerk thereof : Mr. President: The House has concurred in certain amendments and refused to concur in certain other amendments, and has concurred in one amendment with an amendment of the Senate to the following bill, to-wit : A bill.to levy and collect a tax for the support of the State Government and the public institutions thereof, etc., for the fiscal year 1893. The House refused to recede from its action on the Senate amendments to the following bill, to-wit : A bill to make appropriations for the ordinary ex- 518 JoURNAL OF THE SENATE. penses of 'the executive, legislati\Te and judicial expenses of the Government, etc., for the year 1893, etc. The House accedes to the Senate request for a committee by appointing two separate committees, the committee on the difference of the two Houses in regard to the appropriation for the Geological Survey, Messrs. Hall of Spalding, Ham and Tatum, and as to the difference of the Houses over the question of continuing the appropriations for two years, Rankin, McBride and R. H. Pate. The Senate, on motion, took up the General Tax Act for action on the Senate amendments thereto in which the House refused to concur. The Senate, on motion, receded from its amendment to paragraph 8 of section -- by striking out "fifty " and inserting "one hundred." The Senate receded from its amendment to section 2 of paragraph 9 relatibg to insurance solicitors, circuses, shows, etc. The Senate adhered to its ::tmendment which strikes out from section 7 the words following : "which tax shall be in lieu of all other taxes and licenses, 11 etc. The Senate insists on its amendment to the caption of the bill. The Senate insists on its amendment to st3ction 7, which adds after the word "thereof" in the eleventh line the words "residing in the State of Georgia." On motion of Mr. Corput, a Committee of Conference w"as appointed on several points of difference betweenthe two Houses, and the President appointed Messrs. Corput, Persons and Robbe as the committee SATURDAY, DECEMBER :7, 1892. 519 The following message was received from the -nouse through Mr. Hardin, the Clerk : Mr. President: 'The House has concurred in the Senate amendment to the following bill of the House, to-wit : A bill to amend the act approved November 11, ~889, to carry into effect article 7, section 1 of the Constitution of 1877. Mr. Monk, Chairman of the Committee on Enroll.ment, submitted the following report : Mr. President: Your Committee on Enrollment have duly examined and found duly enrolled and ready for the :aignatures of the President and Secretary of the .Senate and the Speaker and Clerk of the House, the .following Senate acts, to-wit : An act to amend section 3406 of the Code of Geor:gia, so as to define where certain actions shall be ibrought against railroad companies in this State. Respectfully submitted. S. S. MoNK, Chairman. Mr. Corput submitted the following report : Mr. PresidenL 'fhe Conference Committee of the two Houses, touching their disagreement in regard to the amendment of the Senate striking out lines Nos. 34, 35 and :36 of the General Appropriation bill, to-wit, the ap- fi20 JOURNAL 01' THE SENATE. propriation to. the Geological Bureau, met, and afterconsultation reached the following agreement : " We agree that the Senate recede from its amendment." Respectfully submitted. FELIX CORPUT, A. P. PERSONS, C. A. RoBBE, On part of Senate-. JOHN I. HALL, H. w. J. HAl\l, On part of House. The report was taken up and read, and on thequestion of its adoption the ayes and nays were recorded. Those who voted in tht3 affi.rm'ltive are Messrs.- Chambers, Corput, Edwards, McAfet, Pinson, Reaves, Reese, Rembert, Robbe, Robinson, Smith of 34th Dist., Wilson of 13th Dist.,.. \Vilcox, Wooten, )Jr. President. 'fhose who voted in the negative are Messrs.- Blalock, Dennard, Fitzgerald, Gholston, Johnson, Matthews, Monk, Moore, Russell, Sirmans, Smith of 15th Dist., Smith of 19th Dist., Thompson, Whittaker. There were ayes 15; there were nays 14. . 'fhe President voted aye, so the report was adopted_ 'fhe following message was received from the "Gol'- SATURDAY, DECEMBER 17, 1892. 521 ernor through Mr. W. H. Harrison, Se'?retary of the Executive Department : Mr. President: The Governor bas approved the following acts alid resolutions of the Generd Assembly, to-wit : An act to change the name of the Georgia Institution for the Education of the Deaf .and Dumb. Also, an act to amend an act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the various acts amendatory thereof, to authorize said mayor and general council to contract directly for the paving of streets occupied by the tracks of street railroad companies, etc.; and for other purposes. Also, an act to amend an act approved February 28, 1874, establishing a new charter for the city of Atlanta, and the various acts amendatory thereof, so as to authorize the mayor and general council of the said city of ~>\.tlanta to issue $250,000 of additional bonds for the purpose of adding to and enlarging the plan of the new water works, and for other purposes. Also, an act to authorize the Board of Commissioners ()f Roads and Revenues in the various counties where such boards have been created, or the ordinaries or judges of the county courts in such counties as have such officers in charge of their roads and revenues, to bid on and hold real property properly and lawfully offered for sale by, virtue of tax fi.fas., and for other p~rposes. .Also, an act to amend the several acts incorporating the village of Cave Spring, in the count of Floyd, to 34 522 .Jot:R:"AJ, OF THE SENATE. regulate the cpllection of street tax by the marshal ~f the village, and for other purposes. Also, an act to amend the several acts incorporat- ing the village of Cave Spring, in the county of Floyd, to defi.ne_.the duties and powers of the mayor, coun- cilmen, 1p.arshal and recorder, etc. Also, an act to amend the several acts incorporating the village of c'ave Spring, in the county of Floyd, to provide for a registration of legal voters, etc. Also, an act to provide for the registration of the qualified voters of Taylor county. Also, a resolution requesting our Senators and Representatives in Congress to support the Hatch bill. , The Senate, on motion, took a recess subject to the call of the President. After a short recess the President called the Senate to order. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President : The House has passed, by the requisite constitu~ tional majority, the following Senate bills, to-wit: A bill to amend section 3 of an act approved October 13, 1885, amending an act providing for a better organization, government and discipline of the vohint'eer troops of this State, and for other purposes.. Also, a bill to provide for the examination of p~r sons elected to or nominated for any commission SATURDAY, DECEMBER 17, 1892. 528 office in the volunteer forces of this' State, and for other purposes. The House has alsopassed, by the requisite constitutional majority, the following Sen~te bill, as amended, to-wit : ~-\.. bill to make the throwing of any rock, stone or other missile which is in the character of a weapon likely to produce death, at passenger trains, etc., a felony. 'l'he House has also adopted the following joint resolution, in which concurrence of the Senate is asked, to-wit: A resolution that Messrs. Mark 0. Hardin, Clerk of the Rouse, and H. H. Cabaniss, Assistant Secretary of the Senate, be instructed to prepare, publish and mail each member of the General Assembly a statement showing the unfinished business of the session, and for other purposes. . Tbe_House acceded to the request of the Senate for Conference Committees on the differ{mces of the two houses on the general tax act, and have a.ppointed as such committee on the difference about whether said bill shall be for one or two years, Messrs. McBride, Rankin and R. H. Pate ; and in all other differences Messrs. Hall of Spalding, Hill of Meriwether and Hendon of 'froup. The following bill of the Senate having. failed to receive the requisite constitutional majority was declared lost, to~wit : A bill to amend section 1~86 of the Code of Georgia. .524 JoUHXAL OF l'HE f::i.ENATE On motion of Mr. Reese the amendments of the House to the bill of the Senate to make the throwing of any rock or other missile likely to produce death, etc., etc., into any car or cars, etc., a felony, were taken up and concurred in. The joint resolution from the House instructing Mark A. Hardin, Clerk of the House, and H. H. Cabaniss, A.ssistant Secretary of the Senate, to prepare, print and mail a report of the status of all bills and resolutions pending as unfinished business at the time of adjournment, was taken up, read and concurred in. 'fhe Senate, on motion, took a recess subject to the call of the President. The President called the Senate to order. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House has passed by the requisite constitutional majority the following Senate bill, to-wit : A bill to provide for the creation of the office of assistant quartermaster in the volunteer forces of this State, and for other purposes. Also, a bill to amend an act entitled an act to prescribe the manner of taking cases to the Supreme Court. Also, a bill to alter and amend an act to establish City Courts in counties having a population of fi'fteen thousand, and for other purposes. SATURDAY, DECEMBER 17, 1892. 525 I The following bill of the senate failing to receive the requisite constitutional majority was lost, to-wit: A bill to amend section 4159 of thP. C~de of Georgia. The House has concurred in the Senate amendment to the following House resolution, to-wit: A resolution providing for bringing up the unfinished business of the General Assembly. On motion of Mr. Corput a Committee of three as a Special Committee of Conference on all questions of difference between the two Houses on the general .tax biB, except the amendment extending its provis- ions to 1894, was appointed. The committee consists of Messrs. Davis, Edwards -and Reese. The Senate, on motion adjourned, until7:30o'clock P.M. SENATE CHAliBER, 7:30 O'clock P. M. The Senate met pursuant to adjournment, and was -called to order by the President. The call of the roll was, on motion, dispensed with. Mr. Corput submitted the following report. Mr. President: The Joint Committee of Conference touching the .Senate amendment to the general appropriation bill lor the years 1893 and 1894, beg leave to report that 526 .JouRNAL oF .THE SENATE. they cannot agree, and request the appointment of another Committee of Conference thert'!on and that this committee be discharged. Respectfully submitted. FELIX CoRPUT, Chairman Senate Committee. W. R. RANKIN, Chairman House Committee. 'fhis report was, on motion, taken up ana adopted,. and the President appointed as the new committeeMessrs. Blalock, Edwards and Wilcox. Mr. Davis, Chairman on the part of the Senate of the conference cnmmittee on certain differences between the two Houses on the General Tax Act sub-' mitted the following report : Jfr. President: 'fhe Committee on Conference on a portion of the differences between the two Houses to the tax act beg leave to report that they have agreed that the Senate recede from its amendment inserting the words "residing in the State of Georgia" after the word "thereof " in the eleventh line of section 7 of the tax act, and that the House concurs in the Senate amendment striking out from said section the clause beginning with "which tax" and ending with "either as license fee or otherwise." Lours DAvis, Chairman. . Mr. Smith, of the Fifteenth District, off~red a joint resolution providing for the appointment of a committee consisting of two from the Senate and three from the House to wait upon his Excellency the Governor, to inform him that the General Assembly is. SATURDAY, DECEMBER 17, 18H2. 527 about ready to adjournsine die, and inquire whether lie bas any further communication to make. This resolution was adopted, and the committee ap~ pointed by the President thereunder consists of Messrs. Smith of the Fifteenth District and RusselL The following message was received frotn the House through Mr. Hardin, the Clerk : Mr. President : The following members have been appointed on the part of the House as Conference Committee on appropriation bill, to-wit: Messrs. Sears, Kimsey and Freeman. The following message was received from the House through Mr. Hardin, the Clerk : M1. President: The House concurs in the Senate resolution that a . committee from the House and Senate be appointed to wait upon the Governor and inform him that the General Assembly is about ready to adjourn. Committee on part of the House are l\fessrs. Bloodworth of Monroe, Fleul.ing and Aycock. Mr. Edwards, Chairman on the part of the Senate, of the committee of conference to consider the difference between the Senate and House of Representatives, as to the General Appropriation Bill and General 'l'ax Act, submitted the following report: 1'1-fn President: Tl;le committee appointed to consider-the differen.ces between the Senate and House of Representatives, as to-the Senate amendments to the bill to make appro- 528 JoURNAL OF THE 8EXATE. priations for the support of the Government, etc., for 1893 and also as to the Senate amendment to the bill of the House to hwy and collect a tax for the support of the State Government for 1893, etc., have agreed to the Senate amendment to both bills, making the provisions applicable to the year 1893 and 1894. Respectfully submitted. E. F. EDWARDS, Chairman on part of Senate. w. M. SEARS, Chairman on part of House. I respectfully dissent from and disagree to the fore- going report. (Signed) W. T. KIMSEY, From Committee of the House. The report was then, on motion, taken up and adopted. Mr. Monk, Chairman of the Committee on Enrollmen~, submitted the following report : Mr. President: The Committee on Enrollment find as duly 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 acts, to-wit : .An act to make the throwing of any rock, stone or other missile at or towards or into any car or cars of any passenger trains upon any of the railroads or street railroads of this State, etc., a misdemeanor and to prescribe a penalty. Respectfully submitted. S. S. MoNK, Chairman~ SATt'RDAY, DECEMBER 17, 1~92. 529 Mr. Monk, Chairman of the Committee on Enroll-ment, submitted the following report : Mr. PTesident: Your Committee on Enrollment have duly examined and found duly enrolled and ready for the signatures of the President and Secretary of the Senate --and the Speaker and Clerk of the Rouse the follow-ing Senate acts, to-wit: An act to alter and amend an act approved October 19, 1891, entitled an act to establish City Courts in -counties having a population of fifte~n thousand or more, where the same does not now exist, upon the recommendation of the grand juries of said counties, to define the powers, mode of selecting officers and jurisdiction of the same, and for other purposes. Also, an act to provide for the examination of per-:SOns elected to or nominated for any commissioned -office in the volunteer forces of this State, to provide -that all officers now holding commissions and all -officers who may hereafter be commissioned shall take and subscribe such oath and declarations as -may be prescribed by the Governor, etc. Also, an act to amend section 3 of an act approved .October 13, 1885, amending an act approved October 16, 1879, providing for a better organization, govern:ment and discipline of the volunteer troops of this State, and for other purposes. Also, an act to provide for the creation of the office -of assistant quartermaster in the volunteer forces of ived from the House through Mr. Hardin, the Clerk thereof : Mr. President: The House bas adopted the following resolution, in wbich the concurrence of the Senate is asked, towit: A resolution th11t the General Assembly tak-e arecess, to convene again on Monday morning, the 19th inet., at 9 o'clock. Mr. Corput, Chairman on the part of the Senate of the Committee on Conference to consider the differences between the Senate and House of Representatives as to the General Appropriation Bill and General Tax Bill, submitted the following report : 532 JOLRNAL OF THE SENATE. Mr. President : The committee appointed to consider the difference between the Senate and House of Representatives as to the Senate amendments to the bill to til-ake appropriations for the support of, etc., for 1893, and also as to the Senate amendments to the bill of the House to levy and collect a tax for the support of the State Government for 1893, etc., have agreed to the Senate amendments to both bills, making the provisions applicable to the years 1893 and 1894. [Signed] FELIX CORPUT, PERSON!'>, RoBBE, For the Senate. OvERSTRKE'r, BENNETT, For the House. Mr. Neel of ~loyd dissenting. This report was taken up and agreed to. Mr. Monk, Chairman of the Committee on Enrollment, submitted the following report : Mr. President: The Committee on Enrollment find duly enrolled and ready for the signatures of the President and Secretary of the Senate and the Speaker and Olerk of the House the following :::lenate act, to-wit: An act to amend an act entitled an act to prescribe the manner of taking cases to the Supreme Court, approved November 11, 1889, etc. Respectfully submitted. S. S. MoNK, Chairman. SATURDAY, DECE~IBER 17, 1892. 533 Mr. Monk, Chairman of the Committee on Enrollment, submitted the following report: Mr. Pre~ident: Your Committee on Enrollment have. duly exami.ned and found duly 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 acts, to-wit : An act to amend section 4711 of the Code of 1882 by providing how the issue sha1 l be made in contempt cases, and providing for a trial by jury when a defendant denies that he has certain assets. AJso, an act to amend an act to incorporate the. town of Omaha, in the county of Stewart, approved October 5, 1891, so as to confine the corporate limits of said town to the original survey of said town. An act to repeal an act approved October 5, 1885, to amend an act to authorize a County Court for the county of Effingham. An act to alter and amend charter of the city of Brunswick, approved November 12, 1889, and for other purposes. An act to define the elementary branches of an EngJish education, as used in paragraph 1; section 1, article 8 of Constitution of this State, the pupils entit1ed to receive the benefit of the State fund, the examination of applicants for teachers' places in the common schools of this State, and for other purposes. An act to authorize the Commissioners of Roads and Revenues for the county of Stewart to issue 534 .Jot'RNAL OF THE SENATE. common bonds to an extent not to exceed twenty-five thousand dollars, bearing interest not to exceed six per cent. per annum, payable semi-annually, for the purpose of building a court house in the town of Lumpkin and county of Stewart ; to provide for the creation of said.county debt and payment of same; to submitting issuing bonds to the qualified voters' ratification or rejection, and for other purposes, An act to amend an act incorporating the town of Wallron, approved. November 13, 1889, changing -corporate limits of town of 'Vallron. An act to providt for creation of office of assistant quartermaster of volunteers of this State,. rank thereto, duties thereof, and for other purposes. An act to amend an act entitled an act to prescribe the manner of taking cases to the Supreme Court, approved November 11, 1889, and for other purposes. An act to amend section 5 of the General Local Dption Liquor Law, approved September 18, 1885. An act to amend the act of August 6, 1891, establishing CriminalCourt of Atlanta by providing the manner of filling vacancies in the judgeship when one occurs when Legislature is not in session. An act to authorize the mayor and council of Toccoa to issue bonds for the purpose of erecting and equipping school buildings in the town of To.ccoa, and provide payment of principal and interest, sum of said bonds, and for other purposes. An act to be entitled an act to amend an act for the protection of persons confined in insane asylum -oft.his State, and for other purposes. SATURlJAY, DECEMBER 17, 1892. 535 An act to incorporate the town of Leslie in the cnunty of Sumter, to confer municipal powers and privileges, and to prohibit the sale of spirituous and intoxicating liquors within three miles of the churches~ and for other purposes. An act to authorize the establishment of a system of public schools in the city of Albany, Georgia, etc. ' An act to amend an act authorizing the city of Newnan to make additional issuance of. bonds for school purposes, etc. An act to alter and amend an act approved October 19, 18!H, entitled an act to establish City Courts in counties having a population of fifteen thousand or more, where same does not now exist, upon recommendation of grand juries of said county, to define powers, selecting officers, and for other purposes, by striking out the words "fifteen thousand" and inserting the words "ten thousand." An act to require the clerks of the Superior Courts of this State to keep reverse index dockets to the general execution docket. An act to make the throwing of any rock, stone or other missile at or towards or into any car or cars of any passenger train of any railroad or street rail- roads of this State, shooting of any gun or pistol or other weapons, etc. An act to confirm certain ordinances of the city council of Augusta, and for other purposes. An a.ct to amend section. 3 of an act approved October 13, 1885, amending an act approved October 16, 1879, providing for a better organization, government 536 .JouRNAl. 01 'fHE SENATE. and discipline of the volunteer t.roops of this Stater by providing for the creation of the office of surgeongeneral, assigning rank, etc. An act to amend an act to require the registration of all voters in the county of Oconee, to carry sameinto effect, etc. An act to repeal an act approved August 14, 1891,. entitled an act to provide a Board of Equalization. An act to provide for the examination of persons elected to or nominated for any commissioned officein the volunteer forces of this State, to provide that all officers now holding or who may hereafter becommissioned, etc., and for other purposes. Respectfully submitted. S. S. MoNK, Chairman. Mr. Persons, Chairman pro tem. of the Committee on Enrollment, submitted the following report : J.lfr. President: Your Committee on Enrollment have duly examined and found duly 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 acts, to-wit : An act to authorize the Commissioners of Roads and Revenues for Stewart county to issue coupon bonds to an extent not to exceed tw~nty-five thousand dollars, bearing interest not to exceed six percent. per annum, payable . semi-annually, for th~ purpose of building a new court-house in the towB of Lumpkin in the county of Stewart, and for other purposes. SATURDAY, DECEMBER 17, 1892. 537 .A,lso, an act to amend an act incorporating the town of W alesca, and for other purposes. Also, an act to alter an amended charter of the city of Brunswick, approved November 12, 1889, and for other purposes. Also, an act to authorize the establishment of a system of public schools in the city of Albany, Georgia, etc. Also, an act to amend an act authorizing the city of Newnan to make additional issuance of bonds for school purposes, etc. Also, an act to repeal an act approved October 5, 1885, to amend an act to authorize a County Court for the county of Effingham. Also, an act to amend an act to incorporate the town of Omaha in the county of Stewart,approved October 5, 1891, so as to confine the corporate limits of said town to the original survey of said town. Also, an act to define the elementary branches of an English education, as used in paragraph 1, section 1, article ~ of the Constitution of this State, the pnpils entitled to receive the benefit of the State fund, the examinations of applicants for teachers places in the common schools of this State, etc. Also, an act to establish a system of public schools in the town .of Roswell in Cobb county, to provide for the election" of a School Board, to levy a tax for the support of the same, etc. Also, an act to authorizA the mayor and council of Toccoa to issue bonds for the purpose of e~ecting 35 538 JoURNAL OF THE SENATE. and equipping school buildings in said town ot Toccoa, and to provide for the payment of the principal and interest of said bonds by levying a tax therefor, and to provide for election to ratify the provisions of this act, etc. Respectfully submitted. pERSONS, Chairman. The following message was received from the House through Mr. Hardin, the Clerk : Mr. President: The House adopts the report of Conference Committee on the general appropriation and tax bills. The bill-of the House to amend the public school laws of the city of Marrietta, was taken up for a third reading and laid on the table because proof of notice by publication was not presented. Mr. Chambers offered the following resolution which was adopted by a unanimous rising vote, to-wit: Resolved, That the thanks of the Senate are hereby tenderd to the Ron. W. A. Wilson, President pro tem. of the Senate, for his uniform courtesy and the able and impartial discharge of the functions of his office when presiding over the deliberations of this body. Mr. Wilcox introduced the following r~solution which was unanimously agreed to, to-wit : Resolved, That the Senate recognizes the efficiency, courtesy and faithful services of its messenger, D. T. Paulk and its doorkeeper Maj. R. E. Wilson and SATURDAY, DECEMBER 17, 1892. 559 his assistants during the entire session, and tenders them its thanks. The President announced the following committees: To visit the University : Messrs. Jenkins, Persons, Wooten, Hatcher and Reese. To visit the School of Technology : Messrs~ Robbe, .Blalock, Matthews, Whittaker and Thompson. To visit the Normal College at Milledgeville : Messrs. Chambers, Edwards, Wilson of the Thirteenth, Smith of the Forty-first and Moore. The following message was received from the House through Mr. Hardin, the Clerk: Mr. President: I am instructed to inform the Senate tha~ the House of Representatives have finished the business of the present session and are now ready to adjourn. The, business of the Senate being disposed of, it was moved that the Senate adjourn sine die. Whereupon the President addressed the Senate briefly and appropriately, and declared the Senate adjourned sine die. INDEX OF THE JOURNAL OF THE SENATE FOR THE SESSION OF 1892. INDEX. PART I. MEMBERS AND OFFICERS OF THE SENATE OF GEORGIA. 1892-1893. A. S. Clay, President.......................................... Marietta, Ga. W. A. Wilson, President protem ................... ............Am~>ricueo, Ga. Wm. Augustus Harris, Secretary................................Isabella, Ga. Henry H. Cabanis!', Assistant Secretary ...................... Atlanta, Ga. J. Troup Taylor, Journalizing Clerk.............................. A,tlanta, Ga. S. Barnard Corn, Calendar Clerk................................. Atlanta, Ga. W. E. Candler, Message Clerk................................Blairsville, Ga. ENROLLING AND ENGROSSING CLERKS J. E. Strother............................................................ Amity, Ga. Walter C. Beeks.........................................................Griffin, Ga. D. D. Lovett........................................................... Greenville, Ga. C. S. Phillips............................................................ Marietta, Ga. I. B. Hudson..............................................................Preston, Ga. Chas. T. Zachry ............................................... McDonough, Ga. D. T. Paulk, Messenger................................................ Minnie, Ga. R. E. Wilson, Doorkeeper....................................Spring Place, &a. Blalock, Hon. A. 0 ...............................................Fayetteville, Ga. Twenty-sixth :Pistrict: Spaldin~r, Butts and Fayette. Clay, Hon. A. 8., Presid!lnt....................................... Marietta, Ga. Thirty-fifth District: Clayton, Cobb and Fulton. Corput, Hon. Felix................................................Cave Spring, Ga. Forty- second District : Bartow, Floyd and Chattooga. Chambers, Hon. Frank............................................Irwinton, Ga. Twenty-first District: Twiggs, Wilkinson and Jones. Crawford, Hon. E. M .....................................Blackshear, Ga. Third District: Wayne, Pierce and Appling. Daley, Hon. A. F ........................................... Wrightsville, Ga. Sixteenth District: Laurens, Emanuel and Johnson. 544 INDEX. Davis, Hon. Louis........................................ ,.............Toccoa, Ga. Thirty-first District: Hart, Habersham and Franklin. Dennard, Hon. J. J .........................................................Edna, Ga. Fourteenth District: Dooly, Wilcox, Pulaski and Dodge. Edwards, Hon. E. F .............................................:Covington, Ga. Twenty-seventh District: Newton, Walton, Clarke, Oconee and RockJale. Fitzgerald, Hon. W. "\\' ............ ."..................................Omal>a, Ga. Twelfth District: Stewart, Webster and Quitman. Fleming, Hon. Thomas W;......................................................... .. (Elected to fill vacancy caused by death of Hon. 'Reuben Jones.) Ninth District: Early, Calhoun and Baker. (rholston, Hon. J. P...................................................Comer, Ga. Thirtieth District: Oglethorpe, Madison and Elbert. Hackett, Hon. A. T .................................................. Ringgold, Ga. Forty-fourth District : Walker, Dade and Catoosa. Hatcher, Hon. S. B .......................................... :..... Columbus, Ga. Twenty-fourth District: Muscogee, Marion and Chattahoochee. Humphries, Hon. W. 8 ............................................Quitman, Ga. Seventh District: Brooks, Thomas and Colquitt. Jenkins, Hon. H. A................................................. Eatonton, Ga. Twenty-eighth District: Jasper, Putnam and Morgan. Johnson, Hon. G. S............................................,..Statesboro, Ga. Seventeenth District: Screven, Bulloch and Burke. Jones, Hon. Reuben .... :................................................................: (Died d;uing the session.) Ninth District: Early, Calhoun and Baker. McAfee, Hon.T. M ...................................................... Canton, Ga. Thirty-ninth District: Milton, Cherokee and Forsyth. Matthews, Hon. W. C.................................................Tennille, Ga. Twentieth District: Baldwin, Hancock and Washington. Monk, Hon. S. S. .. ..... ....... ......... .............. ................ Butler, Ga. Twenty-third District: Houston, Crawford and Taylor. Moore, Hon. E. L .................................................. Valdosta, Ga. Sixth District : Echols, Lowndes and Berrien. Persons, Hon. A. P ................................................ Talbotton, Ga. Twenty-fifth District: Harris, Upson and Talbot. finson, Hon. M. B...................................................Newnan, Ga. Thirty-sixth District: Campbell, Coweta, Meriwether and Douglas. INDEX. 545 Pope, Hon. J. 8.....................................................Zebulon, Ga. Twenty-second District: Bibb, Monroe and Pike. Reaves, Hon. W. A .....................................:........Cleveland, Ga. Thirty-second District: White, Dawson and Lumpkin. Reese, Hon. M.P ...............................................Washington,.Ga. Twenty-ninth District: Wilkes, Columbia, McDuffie. and Lincoln. Rembert, Hon. E. W ..................................... ,..Spring Place, Ga. Forty-third District: Murray, Gordon and Whitfield. Robbe, Hon. C. A .................................................. Augusta, Ga. Eighteenth District: Richmond, Glascock and Jefferson. Robinson, Hon. T. A ..................................... ;...Tallulah Falls, Ga. Fortieth District: Union, rowns and Rabun. Rus.c;ell, Hon. J. S....................................................Tompkins, Ga. Fourth District: Glynn, Camden and Charlton. Scaife, Hon. J. H .......................................................Camilla, Ga. Eighth District: Decatur, Mitehell and Miller. Sirmans, Hon. F. B................................................. DuPont., Ga. Fifth District: Coffee, Ware and Clinch. Smith, Hon: T. J ........................................................... Nielly, Ga. Fifteenth District: Montgomery, Telfair and Irwin-_ Smith, Hon. j, L.............................................................Ruth, Ga. Nineteenth District: Taliaferro, Greene and Warren. Smith, Hon. C. W ....... ;...........................................Edgewood, Ga. Thirty-fourth District: Gwinnett, DeKalb and Henry. Smith, Hon. W. D................................................Morganton, Ga. Forty-first District : Pickens, Fannin and Gilmer. Thompson, Hon. W. K ................................................Homer, Ga. Thirty-third District: Hall, Banks and Jackson. Whittaker, Hon. P. H .............................................Franklin, Ga. Thirty-seventh District: Carroll, Heard and Troup. '\Vilson, Hon. Clarence...,....................................... Fort Gaines, Ga. Eleventh District: Clay, Randolph and Terrell. Wilson, Hon. W. A., President protem............... ........ Americus, Ga. Thirteenth District: Sumter, Schley and Macon. Wilcox, Hon. W. A......................................................Darien, Ga. Second District: Liberty, Tatnall and Mcintosh. Wooten, Hon. W. E .................................................. Albany, Ga. Tenth District : Dougherty, Lee and Worth. 546 INDEX. Wright, Hon. H. G...............~..................................... Pineora, Ga. First District: Chatham Bryan and Effingham. Wright, Hon. B. F ....................~ .............................. Young~, Ga. Thirty-eighth District: Haralson, Polk and Paulding. INDEX. PABT II. ABSENCE--LEAVBS OF- 60 93 99 100 102 108 118 123 135 148 157 180 186 188 201 247 300 332 346 348 358 ADJOURNMENT- Senate adjourned sine die......... ...................... . 539 ADVERTISINGA Bill-To regulate legal advertising ...................342 379 398 AGRICULTURE- A Bil!-To appoint a Commissioner of Agriculture for each county in the State................................ 301 349- ANNOUNCEMENT- Of the death of Hon. Reuben Jones, Senator from the NJnth District............................................. 74 APPROPRIATION LAWS- A Bill-To appropriate $20,000.00 to the Deaf and Dumb Institute.................... .... .. ...... ......... ...... .... .. 94 97 CABANISS, HON. H. H.- Took the oath of office as Assistant Secretary of the Senate....................................................... 7 CANDLER, HON. W. E.Elected Secretary pro tem.... .. ............ ......... ........ ......... 317 CHAPLAIN:_ Rev. John Jones, D. D., prayed ................................. 548 INDEX. CLA.Y, HON. A.. S.- Elected President of the Senate................................... 6 CLERKS-OF SUPERIOR COURTS- A. Bill--To require Clerks Superior Courts to keep duplt-x indexes...........................................;..... 17 To require Clerks of Superior Courts to keep duplex indexes to general execution dockets.. 114 193 208 504 CODE-AMENDMENTS OF- A. Bill-To amend section 281 of the Code ..................12 303 314 To amend section 4080 of the Code............. ..... 17 109 'fo amend section 282 of the Code......77 115 120 121 212 To repeal an act to amend section 1455 of the Code.......................................................94 192 207 To amend section 1496 of the Code.......... 99 115 121 267 To amend section 31)71 of the Code ................99 115 121 To amend section 3972 of the Code.......... ...... 99 115 122 To amend section 1688 of the Code ................... 109 244 To amend section 4711 of the Code........ 109 193 206 496 To amend sub-section 8 of section 1288 of tbe Code ............ :......................................... 145 245 283 To amend section 1287 of the Code........... ...... 146 244 ~o amend section 1979 of the Code ...............146 178 187 To amend section 3149(a) of the Code.........16l> 303 313 To amend section 3406 of the Code...165 235 253 337 514 To amend sub-section "f" of an act to rep~al paragraph 1 of section 3854 of the Code ............ 172 235 251 To amend section 1286 of the Code .........186 192 235 523 To amend ~ection 4159 of the Code ......... 232 303 312 525 To repeal Eection 1465(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), of thtd.Jode .......................... 248 350 To amend section 3736 of the Code ............... 249 303 314 COMMISSIONERS-CouNTY- A. Bill--To require commissioners of Effingham county to appoint election managers, etc...............17 144 154 To repeal an act changing the manner of selecting commissioners in certain countie-s........... 114 131 To amend the commissioners act of Mcintosh county....................................... 114 131 145 154 246 INDEX. 549 COMMISSIONERS-CouNTY-Continued- A Bill-Authorizing Commissioners of Roads and Revenues to purchase property sold under tax ji.jQ.8 . ...........................................170 184 207 Authorizing the commissioners of Stewart county toissue bonds ..............................231 312 340 COMMITTEES- To conduct the President to the chair............... 6 To select a Chaplain ..... .. .. .. ......... ...... ... ......... 11 To ascertain and report officers to be elected.... 1l To inform Governor of organization of the Gen- eral Assembly, etc....................................... 13 On'porters and gallery keepers....................... 15 On widow's pensions in Governor's message..... 62 To inform the Governor of his election and as- certain his pleasure as to time of his inaugura- tion.......................................... ................. 63 Standing Committees on Enrollment and on Journals........ ...... ......... ............... ...... ......... 70 To attend the funeral 9f the late Hon. Reuben Jones of the Ninth District . ...... ...... ...... ...... 77 To investigate charges against Hon. Geo. F. Gober..................... ................... ............... 84 On Rules................................................... 84 On Education......... .. .. .. ...... .. . ... .. .... .... .. ........... 84 On Public Property......... ............................... 85 On Banks..................................................... 85 On Petitions............ ..... ...... ...... ........ ...... ...... 85 On Railroads...................................... ...... ...... 85 On State of the Republic................................. .86 On Special Judiciary...... .... .. ..... ......... ...... .. .... 86 On Privileges and Elections....................,........ 86 On Military Affairs. ......................... ...... .. .... .. 86 On the State Library........ ........ ...... . 86 On Immigration and Labor ......:.............. ........ 87 On Academy for the Blind...... ........ ............. 87 On the Lunatic Asylum................................... 87 On Auditing...........................;....................... 87 On Printing................................................... 87 On Engrossing .........."....... .... .... ......... ...... .. .... 88 On Halls and Rooms......... ......... ......... ............ 88 On General Judiciary............ .............. .......... 88 On Public Roads............................................. 88 INDEX. COMMITTEES- Continued- On Priv6eges of the Floor...... . ....... ......... ...... 89 On Manufactures .. ... ... ... ....... ...... ...... ...... ..... ... 89 On Mines and Mining........................ ..... ........ 89 On Agriculture................................................ 89 On Internal Improvements.............................. 89 On Temperance........ .. ......... ...... .. .... ......... .. .... 90 On Public Schools...... ....... ......... ...... ......... 90 On Finance. ...... ...... ...... ..... ...... ..... ...... ......... 90 On Academy of the Deaf and Dumb................ 90 On Corporations............................... ..... ........ 91 On the Penitentiary........................................ 91 Additions to Committee on Penitentiary........... 113 135 .Additions to the General Judiciary Committee.. 130 On Hygiene.................. ..... ... ... ...... ...... ......... 130 Additions to Committee on Lunatic Asylum...... 148 168 Committee to visit ChiC'-ago. .... ..... ...... . . ... ...... 173 To visit the Colored College at Savannah........... 187 Additions to Finance Committee......... .. .. .. .... 280 On Convict L~ase of 1~76........ .. ........ ..... .. .... .. 305 On examination of Books and Vouchers of the State Treasurer............................................ 343 On the creation of Judicial Circuits.................. 348 On Pending Business....................................... 400 Of conferenee of Widow's Pension Bill............ 496 Of conference on the General Appropriation Bill. ........ .. .. ... ...... ........................... ....... 51i A Special Committee of three on all Points of Difference relating to the GenerAl Appropria- tion Bill and the General Tax Act ................ 518 525 Of Second Committee of Conference on Tax and Appropriation Bills...... ........ ...... ................. 526 Of Committee to attend Commencement Exer- cises of State University ..... ........ ...... ... ...... 539 Of Committee to attend Commencement Exer- cises of the School of Technology ......... ...... .. 539 Of Committee to attend Commencement Exer- cises of the Normal College at Milledgeville... 539 COMMUNICATIONS- From Atlanta Evening Journal ............................... 105 From Hon. W. L. Calhoun, relating to a visit to the Soldiers' Home..................................................... 167 In reference to a pension for Mrs. Davis ......... ... ... .. .... 257 From his Excellency the Governor.......................... 517 .. INDEX. 551 <:JONSTITUTION AL- A Bill-To amend an act to amend an act to enforce article 7, section 1, par. 1, of the constitution, 94 To carry into effect secti-ober elected Judge of Blue Ridge Circuit........................................................ Hon. Geo. R. Brown elected Solicitor-General of Rlue Ridge Circuit...................................... Hon. B. B. Bower elected Judge of Albany Circuit........................................................ Hon. W. N. Spence elected Solicitor-General of Albany Circuit.................. ............... ........ .... Hon. B. D. Evans elel'ted Solicitor-(Ximeral of Middle Circuit.......................................... ... Hon. J. M. Griggs elected Solicitor-General of Pataula Circuit.................................. ;..... 36 58 59 59 77 78 78 78 78 78 78 79 79 82 82 82 82 82 82 83 83 83 83 83 ' INDEX. ELECTIONS AND ELECTION LAWS-Continued- Hon. R. B. Russell elected Solicitor-General of Western Circuit....................................... Hon. W. B. Butt elected Judge of Chattaht;~o chee Circuit................................................ Hon. S. 1:-'. Gilbert elected Solicitor-General of Chattahoochee Circuit...... ......................... Hon. W. H. Felton, Jr., elected Solicitor-General of Macon Circuit.......................................... Hon. T. W. Milner elected Judge of Cherokee Circuit .............:.......................................... Hon. A. W. Fite elected Soolicitor-General of Cherokee Circuit......................................... . Hon. W. H. Fish elected Judge of Southwestern Circuit ....................................................... Hon. C. B. Hudson elected Solicitor-General oi 8outhwestem Circuit.......................... ....... Hon. Marshall J. Clarke elected J'lldge of Atlanta Circuit........ . .......................................... Hon. Charles D. Hill elected Solicitor-General of Atlanta Circuit.. ......................................... Hon. Henry B. Peeples elected Solicitor-Gen eral of Southern Circuit, unexpired term...... Hon. Henry B. Peeples elected Solicitor-General of Southern Circuit for full term.................... Hon. C. C. Smith elected Judge of Oconee Circuit ........................................................... Hon. W. :M. Henry elected Judge of Rome Circuit for unexpired term................................. Hon. W. J. Nunnally elected Solicitor-General of Rome Circuit .......................................... Hon. .Richard H. Clark elected Judge of Stone Mountain Circuit......................................... Hon. John S. Candler elected Solicitor-General of Stone Mountain Circuit................... ........ . 91 92 92 92 92 92 96 96 96 96 97 97 9'7 97 97 97 97 97 EXF,CUTIVE SESSIONS...............................81 113 144 178 231 EXEMPTION LAWS-A Bill-To e10empt certain members of the Southern Cadets from jury duty......................... 323 345 351 364 FINESA Bill-To provide for payment of fines in bastardy cases..................................................... 159 179 187 INDEX. 555 HARDEMAN, HON. ROBERT U.Declared elected State Treasurer. HARRIS, RON. WM. A.- Called Senators-elect to order.................. ...... .............. 3 Elected Secretary of the Senate...... ......... ........ .. .... .. .... 6 7 Took the oath of office ... ,..................... ......... ......... 7 INSURANCE LAWS- A Bill-To amend an act to regulate the business of insurance ........................................... 133 192 324 368 Requiring insurance companies to pay the full amount of insurance on property, etc.......185 212 233 ..JOINT SESSIONS- To open, count and declare the votes for Governor and State House officen>........... ............ ...... ...... ...... ...... 55 57 Resolutions relating to certain returns irregularly sent to Secretary of State................................................ 55 56 Tellers appointed........................................................ 55 58 To inaugurate the Governor........................................ 64 70 For election of Judges and Solicitors-General.. ...............77 82 91 .JUDICIAL CIRCUITS- A Bill..:_To create and organize a new judicial circuit...... 115 To create and organize a new judicial circuit to be called the Ogechee Circuit.. .. ..... ....... 209 To create a new judicial circuit to be called the Ogechee Circuit................... . . . . ....... .. .. .. .. .. 316 LIENS- A Bill-To provide when judgments shall have andretain liens against third parties...................... 108 179 LIQUOR LAWS- A Bill-To amend the General Local Option Law... 108 183 198 247 To repeal the liquor law of Wilcox coilnty... 334 367 401 LUNATIC ASYLUMS- A Bill-To amend an act for protection of persons confined in Insane AbylumEI........................218 257 301 556 INDEX. MEMORIALS-:- Memorial of C. R. Ramsey, Esq....................... 100 Memorial exercises in honor of the late Reuben JoneP, deceased............................. .............. 116 M.ESSAGES FROM THE HOUHE-- 12 15 62 64 65 72 74 76 83 96 98 113 115 116 123 124 128 135 136 148 158 161 169 185 199 215 221 246 263 270 279 '288 297 311 336 351 35~ 359 371 373 389 397 409 440 451 452 459 472 493 499 504 512 514 515 517 519 522 524 527 530 531 538 539 MESSAGES FROM THE GOVERNOR-- General Message...... 18; 76 77 100 102 103 113 139 142 144 174 228 249 261 280 384 520 MILITARY LA.WS- A Bill-To amend an act to provide for the better organization, etc., of the Volunteer Troops of Georj!ia ................................................... 61 109 126 To amend an act to organize the Fourth Regiment Georgia Volunteers ........................105 120 126 To provide for examination of persons elected to or nominated for offices in the volunteer forces of this State.................................. 150 1i9 206 To amend an act providing for the better organ ization, etc., of the Volunteer Troops.....,..181 184 207 To provide for the creation of the office of As sistant Quartermaster in the Volunteer Forces. 317 324 342 MISCELLANEOUS BILLS-- A Bill-To repeal an act providing for Boards of Equalization, etc...................................16 109 130 131 363 To repeal an act providing for Boards of Equalization, etc ................. ,..... ......... ......... ......... 60 310 To repeal an act to provide for Boards of Equalization......................................................... 61 310 'Io provide for Boards of Equalization.......... 125 144 179 To prohibit any person from trading with or harboring minorp, etc ................................... 133 152 To establish a State Board of Medical "Ex- aminers.: ..............~................... 146 183 198 213 25l INDEX 557 .MISCELLANEOUS BILLS-Continued- .\ Bill-To define the qualifications of locomotive engineers, etc......... .... .. .. .. .. ........... ......... .... ..... 181 244 To give police powers to President and Directors of East Lake Land Company ....................208 324 346 To provide for appointment of a Commissioner of Pardons..................................~...........310 363 381 To amend an act fixing the salaries of Secretary of Senate and Clerk of House ........................ 498 ;MUNlCIPAL CORPORATIONS- A Bill-To amend-the charter of Albany .....................94 101 110 To create commissioners for the:city of Darien.:. 1i4 131 144 154 246 To auiP-nd the charter of Atlanta and amenda-; tory laws, etc., relating to opening and dosing liquor houses............................................... 156 179 To amend the charter of Atlanta so as to regulate the business of Gas Companies........... 156 253 443 To. amend the charter of Atlanta relating to .. issuance of water-works bOnds, etc~...........l65 235 252 To amend the charter of Cave Spring...... 180 184. 233 456 To .amend the charter of Cave Spring, providing for registration of Yoters, -etc ................:~...181 184 238 To amend the charter of Cave Spring, re~ating collection of street ta,xes, etc ...............181 184 234 To amend the charter of the town of Warsaw.... 186 214 To amend the charter of Walesca.............._..204 ~ 253 To amend an act authorizing the city of Newnan to issue bonds, ef.c ......................_..............204 234 252 To amend the charter of the city of Brunswick... 232 269 281 T-0 .incorporate. the town of Leslie in Sumter county ............................. ............... ;..... 277 303 313 To confirm certain. ordinances of the dty council ef Augusta.................;............................ 277 303 313 'To authorize the authorities of Toccoa to issue bonds for school purposes .... _ ................. 283 312 347 To:incoi'}Jorate the town of Omaha' in Stewart county ........;;;.................._.............:....... 310 324 340 'To-incorporate the village of.Haynie...:............. 334 368 :To amend the charter of Columbus.................. 340 368 .558 INDEX. NESBITT, HoN. R. T.- of Declared elected Commissioner Agriculture............... 59 NORTHEN, HoN. W. J.- Derlared elected Governor.... ,............................... Inauguration of.......... ............................................. 58 70 71 PAULK, HoN. J), T.Elected Messenger of the Senate........ ...... .. .. .... ...... 8 9- PENAL LAW8- A Bill--To amend an act to define the offence of blackmailing .................................................Hi5 178 187 To make it a felony to throw into passenger cars missiles likely to produce death ........ 218235 250 524 PENSION LAWS- A Bill-To amend widows' pension act......................... 94 To allow pensions to certain Confederate widows.. .... ...... .. .... ......... .... ..... .......... .. ..... 208 270 PERSONAL TRIVILEGE- Mr. Humphries rose to a question of personal privilege. 262 Mr. Pinson rose to a question of personal privilege........ 499 PRACTICE- A Bill-To facilitate collection of judgments........... 125 235 254 To define the mode of trial in certain chancery causes........................................................ 133 152 To amend an act regulating trial of civil cases in courts of record....................................... 133 152 To provide for appeals in habeas corpus cases. 146 368 401 To define certain rights of payees or h':llders of notes or other obligations secured by mortgage, etc............................................... 172 300 333. Prescribing how mortgaged property may be sold under power of sale in the mortgage, etc....................... ...... ......... ......... ......... 208 300 350 To suspend, in certain case!!, the statute of limi- . tation.................................................. 248 303.314 INDEX. 559 PRACTICE-Continued- A Bill..,-To regulate practice as to dismissal of cases in the Supreme Court ................................, 248 303 312 To provide when the husband shall be deemed the agent of the wife............................ 277 332 351 To prescribe the measure of damages to be recovered on forthcoming bonds'............... 300 325 346 To amend an act to prescribe the manner of taking cases to Supreme Court.............. 317 332 351 PRINTING ORDERED-- General message of the Governor, 300 copies........... ..... 18 Standing committees, 100 copies.. ...... .. ..... ......... ......... 91 Rules, etc., .in book form, 200 copies.............................. 104 Bill to establish Board of Medical Examiners, 100 copies 198 Bill of House authorizing issue of State Bonds, 100 copies 211 Bill of Senate to facilitate collection of judgments, 100 copi<:!s.............................. ...................................... 21i Bill relating to sale of mortgaged property under power given in mortgage, 100 copiss...... ...... ........ ......... ...... 228 Bill of House to amend section 4095 of the Code, 100 copies..................................................................... 254 Report of committee on Deaf and Dumb Institute, 150 copies......................................... ........................ 270 Report of Committee on Penitentiary, 200 copies........... 393 Report of the Gober Investigation Committee,~ copies 437 QUALIFICATION OF SENATORS- Senators took oath of office...... ...... .. ............. ....... ...... 5 6 Hon. Reuben Jones took the oath of office.................. 60 Hon. G. S. Johnson took the oath of office.................... 72 Hon. Thomas W. Fleming took the oath of office:......... 262 RAILROAD COMMISSION-- A Bill-To extend the powers of the Railroad Com- mission ......... 95 RAILROAD LAWS- A Bill-Repealing an act authorizing the running freight trains on the Georgia Railroad on Sundays.100 120 126 To require railroad companies to post crossings of public dirt roads ...................................... 122 270 To prohibit the employment of locomotive firemen who cannot read and write ............... 309 345 379 560 INDEX. RECONSIDERATIONS- Of House Bill-To protect the State Capitol.................. 345 Of Bill of Senate-To amend section 12 of the Common School Laws............................................................ 347 Of Bill of House-To accept the Soldiers' Home............ 383 Of Bill of House--To make certain divorces valid"... 438 Of House Bill-To amend the act to carry into effect article 7, section 1, paragraph 1 of the Constitution... 513 REGISTRATION LAWS- A Bill-To provide a general registration law........... ...... 99 120 To provide for re~istration of voters in Taylor county.................................................. 232 246 272 To amend the registration laws of Oconee county..._. ............................................. 233 270 281 REPORTS- Of Committee to inform the Governor that the General Asesmbly had organized, etc ........ ......... ...... ............ 14 Of Committee to select a Chaplain.............................. 14 Of Committee on appointment of additional porters..... 56 57 Of Committee on Governor's inauguration.................... 63 64 Of Committee on officers to be elected ................. 66 67 68 69 73 Minority report of same committee.............................. 69 73 On death of Hon. Reuben Jones and funeral cerem~ nies................... .................. ..................... ........... 79 80 Of Committee on Military Affairs....... .. .... ...... ......... . ... 103 Of Committee on Rules............................................... 104 Of General Judiciary ...............107 111 118 129 149 157 175 182 190 210 224 240 243 291 307 318 331 365 371 387 404 470 Of Committee on Corporations...............108 137 177 225 228 245 286 319 366 405 492 Of Special Judiciary........................ll2 136 174 191 201 213 262 308 321 348 478 501 502 Of Committee on Deaf and Dumb Institute .................. 112 162 Of Committee on Railroads ..................118 119 223 366 387 456 Of Committee on Public Schools .................. 124 138 223 239 287 360 438 472 474 Of Committee on Military Affairs .....................119 202 334 478 Of Committee on Education- .............................129 191 226 227 Of Finance Committee...................138 159 177 189 210 242 265 305 348 367 407 460 47 INDEX. 561 REPORTS-Continued- .Minority Report of Finance Committee ..... ...... ...... ...... 321 Of Committee on Enrollment...................... 150 176 189 291 293 294 309 376.438 458 471 507 515 519 528 529 532 533 536 Of Committee on Privileges and Elections................150 151 400 Of Committee on Ternpemnce... ............ ...... ......... .. .... 183 489 Of Committee on Penitentiary......................., ......... 239 266 3H5 Of Committee on Lunatic Asylum ........................... 193 243 290 Of Comwittee on Public Property................................ 245 Of Committee on Academy for the Blind...................... 266 Of Committee on Agricultur~.. ...... .... .. .. .... ......... ......... 306 333 Of Committee on Banks.......... ......... ... ...... ......... .. .... 309 439 Of Special Committee on Pending Business.................. 404 Of Special Committee to Invastigate Charges against Hon. Geo. F. Gober ................................................ 414 436 Of Conference Committee on the Widows' Pension bill. 516 Of Conference Cqmmittee on differences relative to the General Appropriation bill ................................. 519 520 525 Of Conference Committee on General Tax act......... ..... 526 Report of second committee of conference on tax and appropriation bills.................................................... 527 531 Of committee to confer with the Governor in relation to adjournment ................................... , ......... ............ 530 STATE GEOLOGIST- A Bill-To amend an act to revive the office of State geologist, etc......... .. ................ ................ ........ 300 345 TERRELL, HON. J. N.Declared elected Attorney-General ...... :....................... 58 59 WELLBORN, HON. C. J.- Administered oath ofoffice to S3nators.... ......... ... ..... ... 5 6 WILSON, HO~. ROBERT E.- Elected Doorkeeper of the Senate..................:.............. 9... WILSON, Hon. W. A.- Elected. President protem. of the Senate...................... 10 WRIGHT, HON. W. A.- Declared elected Comptroller General.................... ...... 58 INDEX. PART III. RESOLUTIONS OF SENATE- A Resolution-Providing a committee to select a Chap- lain ................................................. 10 If Providing a committee on officers. to be selected............ ............................. n Authorizing Secretary to appoint a porter to wait on Standing Committees........... 11 Directing Secretary to notify the House that the Senate had organized, etc....... 11 12" Providing a Joint Committe to inform the Governor of the organization of the Gen eral Assembly, etc..................... .-........ 13- Providing a Committee on porters and l!allery-keepers............,..................... . 1& Adopting Rules of last Senate temporarily 16 Tendering a seat to Hons. J. A. McCamy, B. F. Perry and John D. Attaway ......... 6()- Referring that portion of the Governor's Message relating to pensions of widows to a Joint Committee............ ............ 61 On the death of Hon. Reuben. Jones, Sen- ator from the Ninth District .............. . 74 7& Deferring the memorial exercises in honor of Hon. Reuben Jones, deceased.......... 93 Tendering seats to Rev. J. M. Brittain and Hon. A. F. Pope ................................. 116- Authorizing the purchase of chairs for committee rooms.............................. 119 12C} To provide for a Committee on Hygiene... 12& Tendering a seat to Hon. A. B. Stevens... 134 Tendering seats to distinguished Geor- gians..... ............................................ 13& Providing a joint committee to consider the invitation to visit Chicago .............. 143 144- INDEX . 563 REEOLUTIONS OF SENATE--Continued- A Resolution-Tendering seats to Hon. Henry Long and Col. John Forrester............................ 148- Relating to Mr. R. C. Ramsf"y's contest.... 151 Relating to the irregular transmission of certain election returns........................ 151 Providing a committee to visit Chicago.... 16S Requesting our Senators and Representa- tives in Congress to support the Hatch Bill ...............................................189 267 27~ Tendering seats to D. McLeod and others 212 Tendering seats to Hon. S. C. Lamkin and others................ .... ... ... ... ... ... ...... ... ... 228Providing for printing of bills of a general nature.......... ... ... ... ...... ... ... ... ...... ... .. . . 228 255 Tendering a seat to Hon. F. G. ]i)uBignon. 23()Tendering a seat to Hon. J. Capers Dickson................................................... 244 Tendering a seat to Hon. Jas. A. Henderson.................................................... 247 Tendering a seat to Hon. W. T. McArthur..:................................................ 248Tendering a seat to Dr. Noah Cash... ...... 252 Changing and fixing the hours for meeting and adjourning daily. . ... ... ... ... ...... 367 281 Tendering a seat to Hon. Linton A. Dean. 268Tendering a seat to Col. E. B. Ezell......... 277 Tendering a seat to Hon. Geo. W. Warren.................................................... 280 Providing for a joint committee on increasing capacity of the Lunatic Asylum, etc........ ................. ......... ...... .. .... ........ 284 ~98Tendering a seat to Hon. R. H. Jackson, Ex-Senator ............... ...... ......... ......... .. 298 Tendering a seat to Hon. W. G. Sheats.... 300 Tendering a seat to Hon. C. L. Moses...... 333. Tendering a seat to Ex-Gov. H. D. McDaniel................................................ 338To provide a joint committee on the creation ofjudicial circuits..................... 343. To appoint a joint committee to examine the books and vouchers of the State Treasurer........ ......... ...... ......... .......... 343. To limit speeches to ten minutes ... ;~ ....:... 300 564 INDEX. ' RFEOLUTIONS OF SENATE--Continued- A Resolution-Tendering seats to Hon. J. E. Spurlin, Hon. Wm. Clifton and Hon. -Tno. W. Dozier................................................ 382 Tendering a seat to Hon. W. M. Dunbar.. 385 Tendering seats to Col. B. B. Cheney and others ............................................... 397 Providing for a committee to investigate and report on business pending........... 400 To adopt the report of the Gober Investi- gation Committee............................... 451 452 Tel)dering seats to Hon. W. T. Milner and others............ .. .... ... ... .. .. .. ...... .... .. 461 Tendering a seat to Hon. J. W. Jones, of Bowden, Ga ..... ... ...... ... ...... ...... ...... ... 475 Tendering seats to Hon. Thomas Grier and others.................. .. .... ...... ...... .. .... 492 'l'o recall bill of the House to carry into eftect article 7, section 1, paragraph 1 of Constitution........................................ 50 Of thanks to C. W. Motes, Esq., for certain courtesies...................... ...... ...... 511 Providing that the President appoint com mittees to attend commencement exer cises of the several State institutions of learning.......................... .. ... .. .... ...... 513 Providing for a joint committee to inform the Governor of readiness to adjourn, etc..................................................... 527 Of thanks to Hon. A. S. Chiy, President of the Senate.. ..... ...... ...... ...... ...... ...... 530 Complimentary to Hon. Wm. A. Harris and his assistants. ...... ...... ...... ...... .. .... 530 Complimentary to J. Troup Taylor, Journal Chirk of Senate............................. 530 Of thanks to Hon. W. A. Wilson, President pro tem. of the Senate............. ..... 538 Of thanks to Hon. D. 'I. Paulk, Messenger, and Maj. B. E. Wilson, Doorkeeper, and their assistants.............................. 538 INDEX. PART IV. HOUSE BILLS. APPROPRIATIONS- A Bill-To make appropriations for the ordinary ex- , penses of Government, etc......... 339 349 409 446 515 To appropriate $5,(i00.00 to the Deaf and Dumb InstitutE>......................................... 380 385 480 To appropriate money to the Lunatic Asylum, 380 385 481 To appropciate money to the State University for the School of Technology ................... 380 385 484 To appropriate $4,000~00 to the Academy for the Blind .............................................. 381 385 480 To appropriate money to pay the State's quota for paving befQre the Mansion ............... 453 476 510 BANKS- A Bi:l-To amend the charter of the Milledgeville Banking Company ............... , ........................ 394 445 488 To amend the charter of Maddox-Rucker Banking Company......... ...... ..... .. .... ...... . . . 395 445 496 Amending the charter of Atlanta Guaranty SavingS Bank ........ ..... ......... ...... ......... ...... 395 445 498 To amend the charter of the Planters Bank of Americus......... ..... ............. ,. .... ... ......... 397 445 495 To amend the charter of the State Savings and Banking Company .............................. 453 476 506 BONDS- A Bill-To authorize the Governor and Treasurer to issue $168,000.00 worth of Bonds, etc....... 203 256 275 - 266 332 338 373 ..566 INDEX .CODE-AMENDMENTS OF, ETC.- A Bill-To amend section 3419 of the Code .................. 172 212 To amend section 4095 of the Code .. .... 203 235 254 268 To amend section 3910(d) of the Code. 204 235 2M 335 To amend section 3514 of the Code- ......... 229 311 355 To amend section 4527 of the Code .. .... ..... .. .... 230 299 To amend section 94S(a) of the Code........... 269 311 355 To amend section 3331 of the Code, 296 32S 354 364 402 '.fo amend section 3766 of the Code ... ........ 297 325 355 To amend section 178 of the Code ............. 314 333 354 To repeal sections 1689(a) to (gg) inclusive of the Colle......... .. ... ...... ........ ......... ......... ..... 396 .COMMISSIONERS--CouNTY-- A Bill-To amend the Commissioners' Act of Chatham county ....................................... 132 145 153 To change the method of selecting Commissioners in certain counties...................... 14"1 160 167 To amend the Commissioners' Act of Dacatur county ......................................... 171 217 237 To amend the Act creating Commissioners for Fulton county .................................. 171 192 204 To amend the Commissioners' Act of Chatham county .............................................;.. 393 444 487. Authorizing Commissioners of Fulton county to pay Board of Equalizers ..................... 396 444 484 To repeal the Commissioners' Act of Lumpkin county ................. .... ...... ...... ......... ...... 397 444 495 To amend the Commissioners' Act of Troup county ......... ......... ............ ... . ... .... .. .... 219 256 275 'OONSTITUTION A L - A. Bill-To carry into effect article 3, section 7, para- graph 18 of the Constitution.....................380 389 458 To amend an act to carrying into effect article 7, section 1, paragraph 1 of the Constitution ...... 403 445 . 488 500 513 To carry into effect paragraph 18, section 7, ar- ticle 3 of the Constitution... ..... ......... ............ 403 OONVICT8- .A. Bill-To authorize the working of county convicts in any county of the State ............................230 256 282 INDEX. 567 mSTS- A Bill-Requiring non-resident plaintiffs to deposit costs . ... ...... ......... ...... . ......... ...... ...... .. ...... 255 298 muRTS-CouNTY AND CITY- A Bill-To establish new terms, etc., for the City Court of Atlanta ........................................ 131 180 186 To repeal ihe County Court Act of Quitman county .................................................. 166 237 217 To amend the City Court Act of Clarke county. 219 255 276 To repeal the Act of abolishing the County Court of Jefferson county .........................219 256 273 To establish a County Court for Bryan county... 220 256 273 To amend Acts establishing Cmnty Courts in certain counties so a.8 to allow judges thereof to practice law...... .. ... .. ... ...... ........... ..... ..... 255 298 To amend the City Court Act of Griffin"....... 296 325 342 To establish a County Court for Dooly county ... 397 445 488 <::OURTS-JusTICE- A Bill-To provide for the time of holding Justice Courts............ . .. .... . .. ........ .. .... .. .... ...... 255 299 . 80 444 488 Appropriating money for the School of Tech- nology ................................................... 380 385 484 To loan certain land in Milledgeville for educa- tional purposes ....................................... 300 443 49L To authorize a Public School system for Tunnel Hill. ........ :... .. .... .. .... ...... ...... . .............. 396 443 491 To establish Free Schools in North Rome ......... 402 443 To amend the School Laws so as to require the State School Commissioner to make annual reports . ... ........... .... ..... ...................... 453 476 509 To amend the Public Rchool sylltem of Jonesboro...................................................... 454 475 503 To amend the Public School system of the city of Marietta...... .. ... ...... ............... ......... .. ... 455 489 FENCE LAWS-- A Bill--To amend an Act amending the Fence Laws... 275 300 325 346 GAME LAWS- A Bill-To repeal section 2 of an act to protect game in Macon county .............................203 256 274 276 LIQUOR LAW8- A Bill-To amend the liquor law of Wilkes count.y...... 396 To amend the local option law of Troup county .....................................................453 476 506 To amend the local option law of Whitfield county .................................................. 291 350 363 MILITARY LAWS- A Bill-Authorizin~ an increase in the number of companies composing the Third Regiment, Geor- gia Volunteers .......................................152 179 ll05 .Authorizing the Fourth Infantry Battalion ... 269 315 356 ,tNDEX. 569 MISCELLANEOUS BILLS- A Bill-Authorizin~ the Governor and Commissioners of Baldwin county to convey certain lots in the city of .M:illedgYille ........................... 132 160 166 To repeal an act regulating sale of seed cotton in Jefferson county ...............................219 311 353 To loan certain land of the State in Milledgville for educational purposes .........................396 443 491 Authorizing the Governor to appoint an agent to look after certain property of the State.455 476 510 To allow disabled Confederates to carry on free of license the business of photography, etc., etc..................................................... 455 475 508 To fix the compensation of election managers and clerks in Randolph county ..............454 489 509 To repeal the second section of an act creating the office of 1-lolicitor of Macon county .....2l!J 269 282 339 To amend the act prohibiting the hol(ling of more than one county office at the same time by one person......... .. .. .. ......... .... .... .... ..... ... 229 298 To amend an act .defending the rights of landlords in certain cases .............................. 230 302 315 To provide for carrying the unfinished business over to the session of 1893 ..................... 255 311 35'i To provide for distribution of the Direct Tax Fund......................................................394 444 482 To declare certain divorces legal and valid ... 380 399 492 506 To make sheriffs and their deputies ex officio ministerial officers of the county courts ... .-154 498 504 MUNICIPAL CORPORATIONS- A. Bill-To amend the charter of Griffin....................125 145 152 To' amend the charter of Griffin ..................126 145 153 To amend an act to amend the charter of West Point ...................................................146 180 186 Authorizing a public school system for the city of Eatonton ..................................... 166 206 24fl :101 To amend the charter of the town of Mt. Vernon........ ...............................................220 256 272 To ame~d the charter of the city of Gaines vill'Ol ....................................................... 230 26!1 283 510 INDEX. MUNICIPAL CORPORATIONS-Continued- A Bill-To approve a certain grant by the mayor and aldermen of Savannah .............................296 325 345 To legalize the occupancy of a wharf in Macon, etc ........................................................ 296 326 357 To incorporate the town of Etna .................. 296 32:> 355 To amend the charter of Bremen................ 297 326 356 To authorize incorporated towns and cities to receive donations .............................. 297 325 352 To incorporate the town of Carltonville........3i5 361 490 To amend the charter of the city of Columbus.. 340 368 401 To amend the charter of the town of Ward ... 393 444 497 To incorporate the town of Nashville ...........394 456- 498 To amend the charter of the city of Emerson..394 446 490 To incorporate the town of Statham ........... 394 445 490 To amend the charter of the city of Waycross ... 3!l4 445 . 496 Ta amend the char~r of the town of Hawkinsville................................................... 395 445 497 To amend the charter of the town of Hawkinsville, changing it to a city ........................395 445 497 To amend the charter of the city of Macon........ 396 To authorize a public school system for Tunnel Hill..................................................... 396 443 491 Authorizing mayor, etc., of ::\lilledgeville to issue liquor license.............................................. 397 To establish free schools in North Rome ........... 402 443 To amend the charter of the town of Warsaw.... 404 444 To authorize elections in Carrollton on the ques- tion of issuing bonds for water-works ....... A54 476 505 To amend the school law of the town of Jones- boro....... ... ...... ............ ..... .....................454 475 503 To authorize an election in Carrollton on the issue of bonds for electric lights ...............455 476 509 To authorize the mayor and council of West Point to issue bonds.............................4.')5 476 503 To amend the public school system of Marietta. 455 489 ' To authorize: the issue of water-w~rk~ bonds by the city of Hawkinsville ............... :..... 456 476 507 To authorize authorities of ~l"ewnan to issue water-works bonds ................................. 397 456 500 To amend the registration laws of the city of Savannah ..........................................159 217 236 INDEX . 571 . PENAL LAWS- A Bill--Prescribing punishment for shooting into. or throwing missiles into passenger cars.............. 296 To provide punishment of certain violators of penal laws.................................................. 357 368 PENSION LAWS- A Bill-To allow pensions to certain Confederate widows 160 256 To amend an act p.llowing pensions to Confederate widows ............................. 267 311 326 477 400 PRACTICE- A Bill-Amending the law fixing the place on the docket or cases in which new trials are granted 229 302 315 Prescribing when judgment may be rendered against a defaulting garnishee ..... ....... ..... ..... 402 Authorizing attorneys and agent!,! to be sworn ' to the best of their belief, etc.............. ... ...... 453 Authorizing Judges to perfect service by orders in vacation.................................................. 454 RAILROAD LAWS- A Bill-To define the liability of receivers of railroads for torts, etc.................................................. 203 399 Defining t.he right of trustees to hold shares in railroads...........................................,. 219 286 398 To limit the issue of stocks and bonds, etc., of railroad companies .................................. 268 341 398 To make it a felony to wreck, or attempt to wreck railroad companies ...................... 268 341 401 To prescribe punishment for shooting into or throwing missiles into cars .... ... . .......... ... 296 To repeal an act providing for the incorporation of railroad companies....................... ........... 453 RECEIVER'3- A Bill-To authorize suits against rel'eivera .................. 203 399 To define the liability of receivers of railroads for torts; etc...... ...... .... ... ..... ......... ..... ...... .. .. 203 399 572 INDEX. REGISTRATION LAWS- A Bill-To amend the registration laws of Mcintosh county ................................................. 159 217 237 To amend the registration laws of Savannah, 159 217 236 To repeal the registration laws of Newton county ..................................................171 217 236 To repeal the registration Act of Jefferson co1nty .................................................. 220 256 273 , To amend the registratio~ law of Dooly county, 394 444 RELIEF LAWS- A Bill-To relieve Jno. M. Wilder and William Chester, 298 350 364 To relieve Capt. E. Y. Mallory of Macon Light Infantry................................ ,. ..............395 443 487 SINKING FUND- A Bill-To create a Sinking Fund to retire maturing bonds . ......... ...... ........ ........................... 396 444 .482 SOLDIERS' HOME- A Bill-To provide for the acceptance by the State of the Soldiers' Home ........:............ 340 350 363 368 383. STATE CAPITOL- A Bill-To protect the State Capitol and grounds, etc ..... 171 212 238 333 402 502 'To limit the use of the Capitol Building...229 256 274 275 TAX LAWS AND OFFICERS- A Bill-To levy and collect a tax for the support of the State Government, etc ....................... 361 385 461 518 To amend an act fixing the bonds of Tax-Collectors in certain counties ................. 454 458 490 500 TELEGRAPHS- A Bill-To prescribe the duties of telegraph companies... 453 475 507 INDEX. PART V. RESOLUTIONS-OF HousE- To convene a Joint Session to open, count and declare the vote for Governor, etc............................................... 15 16 To encoura~e "Direct Trade." ...........,........................... 63 To convene the General Assembly to inaugurate ihe Governor............................................................... 64 F..xpressing sympathy for President Harrison in his be- reavement......... ......... ......... ......... .... . . . ........ ......... 66 Convening General Assembly for election of Judges and Solicitors-General......... .................. ........ ......... .... .... 66 Providing for elections of Solicitor-General for Tallapoosa Circuit........................... ........ ....................... ......... 73 Providing a Joint Committee to investigate charges against Hon. Geo. F. Gober....................................... 83 To take a recess for the election.......... ....... .................. 99 Congratulating the people on Democratic victory.. ........ 113 Granting the use of the rotunda to Democrats for a jubilee meeting.................................... . ........ ......... 116 Providin~ for a Joint Committee on the Convict Lease Act of 1876...... .................. ... ... .. . ......... . ................... 132 151 Inviting capital to Georgia.......................................... 147 Requesting our Senators and Represeniatives in Congress to insist on repeal of the ten per cent. tax on State Banks........................ ............................................ 147 Authorizing the Governor to employ a stenographer, etc.......................................................................... 152 270 To refund taxes of Houston county for the year 1890. 172 193 205 To appoint a Joint Committee to visit Colored College at Savannah.................. ............................... ......... . 187 For relief of James E. Love....................................231 257 274 To authorize payment of a State bond owned l;>y Dr. A. W. Calhoun ................................................. 231 311 352 To authorize the payment of pensions to thirty-eight Confe~erate widows....... ......... ...... ......... ...... .. ......... 231 323 574 INDEX. RESOLUTIONS-OF HousE-Continued- Providing a Joint Committee to examine and report on Sutton's "Georgia Justice" ................. - 281 310 Providing for indexing the Journals of the House and Senate for 1892 and 1893 .............................297 298 312 336 Requesting the Governor to return House bill No. 27, for correction........................................ ,..... ... ... .... .. 361 To direct the publication of the acts of the present ,;ession.. ......... ... .. .... .. .. .. ...... ...... .... .. ... ...... ... .... 379 To relieve T. J. Butler, of Bibb county.................... 381 385 483 To relieve 0. B. Flmith and others ...........................381 385 4&7 To provide for paying a deficit in transportation expenses to military encampment at Chickamauga..............395 443 486 Authorizing Governor to enforce article 4, section 2, paragraph 4 of Constitution........ ..... ...... ... ...... .. 395 To enforce article 4, section 2, paragraph 4 of Consti- tution........................................................ .......... 499 Providing for bri~ging up the unfinished business......... 503 525 Instructing Clerk of the House and Secretary of Senate to publish a statement of unfinished business, etc. ..... 524