Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, October 24, 1894

JOURNAL
o~
THE SENATE
OF THE
STATE OF GEORGIA,.
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBL~
At Atlauta, Weduesday, OctobBr 24, 1894.

ATLANTA GEORGIA.:

,V. GEo.

HARRISON, STATE PRINTER.

(Franklin Printing and Publishing House.)

1894.

JOURNAL.

GENATE, CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 24, 1894, 10 O'clock A.M.
The Senators-elect for the years 1894 and 1895 met at 10 o'clock a. m. on the 24th day of October, 1894, in the :Senate Chamber, and were <>ailed to order by the Hon. H. H. Cabaniss, Secretary pro tem. of the last Senate.
The Secretary of State submitted to the Secretary pro tern. the following certified list of Senators-elect:

STATE OF GEORGIA, OFFICE OF SECRETARY OF STATE.

I, A. D. Candler, Secretary of State of the State of

G(>orgia, do hereby certify, That from the returns on file

in this office, it appears that the forty-four (44) names on

the three (3) pages hereunto attached are the names of the

persons elected Senators from the several senatorial districts

Df this State.

In Testimony Whereof, I have hereunto set my hand

and affixed the Seal of my office, at the Capitol, in the City

of Atlanta, this 23d day of October, in the year of our

Lord One Thousand Eight Hundred aud Ninety-four, and

Df the Independence of the United States of America the

-One Hundred and Nineteenth.

[L. s.]

A. D. CANDLER,

Secretary of State.

4

JOURNAL OF THE SENATE.

First District-William W. Osborne. Second District-Walter W. Sheppard. Third District-S. R. Harris. Fourth District-John J. Upchurch. Fifth District-L. A. Wilson. Sixth District-M. J. McMillan. Seventh District-J. B. Norman, Jr. Eighth District-C. C. Bush. Ninth District-J. E. Mercer. Tenth District-+-W. L. Story. Eleventh Districi:-J. B. Bussey. Twelfth District-J. E. Harris. Thirteenth District-E. B. Lewis. Fourteenth District-Baldy Ryals. Fifteenth District-George K. Wilcox. Sixteenth District-J. L. Keen. Seventeenth District-D. P. Wade. Eighteenth Distrid-Bryan Cumming. Nineteenth District-Charles E. McGregor. Twentieth District-Rufus W. Roberts. Twenty-first District-W. J. Harrison. ' Twenty-second District-N. E. Harris. Twenty-third District-B. W. Sanford. Twenty-fourth District-George P. Monro.. Twenty-fifth District-B. H. Williams. Twenty-sixth District-\Valter C. Beeks. Twenty-seventh District- W. J. Morton. Twenty-eighth District-\Villiam A. Broughton. Twenty-ninth District-Claiborne Snead. Thirtieth District-N. G. Long. Thirty-first District-W. R. Little. Thirty-second District-M. G. Boyd. Thirty-third District-T. S. Johnson. Thirty-fourth District-Charles H. Brand. Thirty-fifth District-William H. Venable.

'VEDNESDAY, OCTOBER 24, 1894.

5

Thirty-sixth District-Biun Williams. Thirty-seventh District-E. R. Sharpe. Thirty-eighth District-James W. McGarity. Thirty-ninth District-B. H. Brown. Fortieth District-W. H. McClure. Forty-first District-Thomas W. Craigo. Forty-second District-W. H. Lumpkin. Forty-third District-Trammell Starr. Forty-fourth District-G. W. M. Tatum.
The foregoing official list was called to ascertain the pres-ence of a quorum. This having been done, and a qnorum being present, the blessing of God was invoked by the Rev.
C. C. 'Vatkins, at the request of the Secretary pro tern.
Senators-elect then presented themselves at the .Secretary's desk and took the prescribed oath of office, the same being administered by the Hon. C. J. Wellborn, Judge of the Northeastern Circuit.
The Secretary pro tem. then announced that the next bus-
ness in order was the election of a President of the body.
Whereupon, Mr. Broughton placed in nomination for that office the Hon. William H. Venable of the Thirty-fifth District. This nomination was seconded by several.
Mr. McGarity nominated f;:,r President Hon. Chas. C. McGregor of the Nineteenth District. This nomination was seconded by several.
There being no other nominations, the call of the roll was proceeded with, Senators voting viva voce.
On casting up the vote, it appeared that Hon. William H. Venable had r('ceived thirty-three votes, and the Hon. Charles C. McGregor had received six votes.
The Hon. William H. Venable, having received a majority of the whole number of Senators, was declared duly elected President of the Senate.

6

JouRNAL oF THE SENATE.

Mr. Harris, of the Twenty-second District, moved the appointment of a committee of three to acquaint the President-elect of his election, ask his acceptance, and conduct him to the presidential chair.
The motion prevailed, and the Secretary pro tem. appointed Messrs. Harris of the Twenty-second District, Beeks of the Twenty-sixth District, and Little of the Thirty-first District.
The committee performed the duty imposed, and the President-elect, being conducted to his chair, rose and addressed the Senate, and at the close of his address called the body to order.
He then announced the election of a Seeretary as the business next in order, and that nominations for that office would be received.
Whereupon, Mr. Sheppard placed in nomination the Bon. William Clifton of the county of Mcintosh. The nomination of Mr. Clifton was unanimously seconded.
Mr. Snead then placed F. M. Waddell, Esq., of the county of Harris, in nomination for Secretary. This nomination was also seconded by several.
There being no further nominations, the President ordered the call of the roll for the election.
It appeared, upon casting up the votes cast, that Hon. William -Clifton had received thirty-five votes, and F. M. Waddell, Esq., had received seven votes.
The President declared that the Hon. William Clifton, having received a majority of the entire Senate, was duly elected Secretary.
The President announced the election of a Pre~;ident pro tem. as the next business before the Senate, and that nominations were in order for that office.

WEDNESDAY, OcTOBER 24, 1894.

7

Mr. Sheppard nominated the Hon. C. H. Brand for that position. This nomination was seconded by several.
There being no other name presented for this office, the call of the roll was proceeded with, resulting in the Ron. C. H. Brand receiving thirty-five votes, which being a majority of the whole Senate, the President declared him duly elected President pro tern.
The election of Doorkeeper being declared next in order by the President, nominations therefor were received.
The Hon. R. E. Wilson, of the county of Murray, and W. T. Whitehead, of the county of Harris, were severally nominated, and the nomination of each seconded.
Upon the call of the roll for this election, the Hon. R. E. Wilson had received thirty-six votes, and W. T. whitehead, Esq., had received seven votes.
The Hon. R. E. Wilson having received a majority of the entire Senate, the President declared him duly elected Doorkeeper.

For the office of Messenger, which was next announced by the President, Hon. Flynn Hargett, .Jr., of the county of H!lrris, and W. W. Wilson, Esq., of the county of Gwinnett, were nominated.

Upon the call of the roll, it appeared that Hon. Flynn Hargett., Jr., had received thirty-six votes, and W. W. Wilson had received seven votes. The Ron. Flynn Hargett, Jr., having received a majority of the entire Senate, was declared by the President to be duly elected Mes~enger.

The Hon. William Clifton, Secretary-elect, and his Assist-

ant, Hon. Charles S. Northen, assumed the prescribed oath

of office, the same being administered by the President, and

ent-ered upon the discharge of their official duties.

.'

8

.JOURNAL OF THE SENATE.

Seats were then drawn by Senators, the Hon. W. L. Story being, on motion of Mr. Broughton, allowed to select his seat in advance.

Mr. Mercer, of the Ninth District, offered the following privileged resolution, which was read and adopted, to wit:
Resolved, That the President appoint a committee of three from this body, whose duty it shall be to select a Chaplain to serve the Senate for the present and succeeding session of the same, and report their action to the Senate for confirmation.
The President appointed as the committee under the foregoing resolution, Messrs. Mercer, Osborne, and Starr.
Mr. Mercer, as chairman of the committee, reported that the committee had selected as Chaplain the Rev. C. C. Watkins.
The report of the committee was unanimously adopted; whereupon, the President declared the Rev. C. C. Watkins elected Chaplain of the Senate.
Mr. Bush offered the following resolution, which was read and adopted, viz.:

Resolved by the Senate, That the gallery keepers of the Senate be appointed by the President, and he is also authorized to appoint six pages.

Mr. Harris, of the Twenty-second District, offered the following resolution, which was also read and adopted:

Resolved, That the Rules of the last Senate be adopted for the government of this body until the Committee on Rules shall make a report and present a Code of Rules for the permanent government of the Senate.

WEDNESIJAY, OCTOBER 24, 1894.

9

Mr. Beeks offered the following joint resolution, which was read and adopted:

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 to receive any communication he may desire to submit.

The President appointed, as the committee on the part of the Senate under the last foregoing resolution, Messrs. Beeks, Cumming, and Little.

Mr. Osborne offered the following resolution, which was

read and adopted, 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.

Mr. Broughton offered the following resolution, which was read and adopted, to wit:

Resolved, That the Secretary of the Senate be authorized to appoint three porters to wait upon the Senate, two to wait upon the committees, and one to attend to the Senate closet.
The SenatorR, on motion, took a recess subject to the call of the President, awaiting the report of the joint committee to wait upon his Excellency, the Governor, etc.
After a recess of twenty minutes, the Senate was called to order, and the following message was received from the House of Representatives, viz.:

10

JOURNAL OF THE SENATE.

Mr. President:
I am instructed by the House to inform the Senate that the House has perfected its organization by the election of Hon. W. H. Fleming of Richmond, Speaker; Hon. Clarence 'Vilson of Clay, Speaker pro tem.; Hon. Mark A. Hardin of Fulton, Clerk; Hon. J. R. Smith of Coffee, Messenger; Hon. Moses Martin of Gwinnett, Doorkeeper; and is now ready to proceed with the business of the session.

The Secretary was instructed to inform the House of the

organization of the Senate by the election of the Hon.

Wm. H. Venable of the Thirty-fifth District, as President;

Hon. U. H. Brand of the Thirty-fourth District, as Presi-

dent pro tem., and the Hon. W m. Clifton of Mcintosh

county, as Se,..retary, and is now ready to proceed with bus-

iness.



Mr. Tatum offered the following joint resolution, which was read and adopted, to wit:

'VHEREAs, 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 officers;

Resolved, by the Senate, the House of Representatives concurring, That a joint committe of three from the Senate and five from the House be appinted to examine and report as early as possible what officers are to he elected by this General Assembly.

The committee appointed by the. President, under this joint resolution, on thE:: part of the Senate, consists of Messrs. Tatum, S. R. Harris, and E. B. Lewis.

WEDNESDAY, 0C'fOBER 24, 1894.

11

The following communication from his Excellency, the Governor, was laid before the Senate by the President:

Mr. President:

STATE OF GEORGIA, ExECUTIVE DEPARTMENT,
Atlanta, Ga., October 24, 1894.

I have the honor to inclose herewith the notice of intention of L. G. Hardman to contest the election and claim the seat of T. S. Johnson, returned as Senator-elect fro~ the Thirty-third Senatorial District..
Also, the notice of in-tention of A. M. Baxter to contest the election and claim the seat of C. H. Brand, returned as Senator elect for the Thirty-fourth Senatorial District.
Also, the notice of intention of T. R. Whitley to contest the election and claim the seat of Bion Williams, returned as Senator-elect for the Thirty-sixth Senatorial District.
w ..T. NORTHEN,
Governor.

The President announced that the foregoing communication and accompanying papers would be referred to the Committee on Privileges and Elections, so soon as the same is appointed, which, he said, would at an early day.

Mr. Beeks, chairman on the part. of the Senate of the joint committee to inform his Excellency, the Governor, that the General Assembly, having organized, awaited any communication he might desire to make, reported the performance of the duty imposed, and that the Governor would submit his annual message to-morrow.

The Senate h11ving disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m. to-morrow.

12

JouRNAL oF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, October 25, 1894, 10 O'clock A.M.

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

Prayer was offered by the Rev. C. C. Watkins, Chaplain of the Senate.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Osborne, Ryals, Roberts,

Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

The Journal was read and approved by the Senate.

The Presi;lent announced the following as the Committee on Privileges and Elections, viz.: Messrs. Little, chairman, Cumming, Beeks, Harris of the Third District, Upchurch, Tatum, Morton, Mercer, and McGregor.

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

Mr. PreBident:
The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit:

THURSDAY, OCTOBER 25, 1894.

13

Resolved by the House of Representatives, the Senate concur1ing, That the House and Senate convene in joint session to-day (Thursday), the 25th inst., at 11 a. m., for the purpose of opening the returns of the State electioQ, and declaring the result.

The joint resolution mentioned in the foregoing message

was taken up and concurred in.



On the call of the roll for the introduction of new matter, Mr. Cumming introduced the following bills, which were read the first time aud referred to the General Judiciary Committee, to wit:

A bill to amend section 2573 of the Code as amended by the act approved October 9, 1885, so as to regulate in what instance citation shall issue before granting a year's support.
And a bill to amend an act to require corporations in this State to permit administrators and executors to draw dividends and deposit<; or transfer stocks and bonds standing in the name of their decedents.
The following message was received from the House of Representatives through Mr Hardin, the Clerk thereof:

Mr. President :
The House has concurred in the following resolution of the Senate, to wit :
A resolution providing for the appointment ofa joint committee to investigate and report what offices are to be filled by this General Assembly.

And has appointed as such committee on the part of the House: Messrs. Hodges of Bibh, Fogarty, Wright, Moore of Bulloch, Greer of Harris.

14

JOURNAL OF THE SENATE.

The following communication was received from his Exeellency the Governor, through Mr. Warren, his Secretary, to wit:

Mr. Pre8'ident:
I am directed by the Governor to deliver to the Senate a communication in writing, with accompanying documents.
On motion of Mr. Bush, the Message of his Excellency the Governor was taken up, and the Secretary proceeded with the reading of the same.
Pending the reading of the Governor's Message, the following communication was received from the Secretary of State and read by order of the President, to wit :

OFFICE OF SECRETARY OF STATE, Atlanta, Ga., October 25, 1894.

Hon. President of Senate and Speake1 Honse Representatives:

I herewith transmit, in accordance with law, the election

returns for Governor and State House officers, which was

held at the general election in this State on the 3d inst.

Very respectfully,

A. D. CANDLER,

Secretary of State.

Mr. Cumming offered the following resolution, which was read and agreed to :
Resolved, That the returns for the election of State Dfficers be immediately transmitted to the House, as provided by the Uonstitution.
The reading of the Governor's Message was resumed by the Secretary and proceeded with to the hour of 11 o'Clock a. m., at which period the President announced that the time for meeting in joint session having arrived, the Senate would repair to the House of Representatives.

THURSDAY, OCTOBER 25, 1894.

15

The President and Secretary, followed by the SenatorR, proceeded to the hall of the House, where, being announced by the Doorkeeper, they were received by the House of Representatives standing.

The Presid~nt took the chair and called the General Assembly to order.

The Clerk of the House, by direction of the President, then read the joint resolution by authority of which the joint session was convened.
It was moved and seconded that the presiding officer appoint tellers to open, count, and declare the votes cast at the late election for Governor and State House officers, two from the Senate and three from t.he House.
The motion prevailed, and the President appointed as teller!'! on the part of the Senate Messrs. Broughton and Beeks, and on the part of the House Messrs. Mell, Barnes, and Hogan.
The business of the joint session was commenced and pro<!eeded with until1 o'clock p. m., when, on motion, the General Assembly was dissolved until 3 o'clock p.m., when the pending business would be resumed.

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

Under a suspension of the Rules, Mr. Brand introduced the following bill, which was read and referred to the General Judiciary Committee, t<> wit :

A bill to repeal an "an act of the General Assembly to regulate the methods of pleading in the courts of this State, and for other purposes," approved December 15, 1893.
The Senate, on motion, adjourned until 2:55 o'clock p.m.

16

JOURNAL OF THE SENATE.

2:55 O'CLOCK P. M.

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

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen,

Lewi8, Long, Little, Lumpkin, Mc:.\lillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Osborne, Ryals, Roberts,

Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

The unfinished business of the morning was resumed, viz., the reading of the Governor's Message. This was proceeded with until the hour of 3 o'clock p. m., when the President announced that the time for reconvening in joint session had arrived; whereupon, the Senate repaired to the House, and, being received by the Honse of Representatives, the President called the General Assembly to order.

The unfinished business of the morning was resumed and proceeded with until the votes cast for Governor and State Honse officers were opened and counted.

The President then announced that, for ~he office of Governor, the Hon. W. Y. Atkinson had received 124,862 votes, and the Hon. J. K. Hines had recei,ed 96,888 votes.
He then declared that the Hon. ,V. Y. Atkinson, having

THURSDAY, OCTOBER 25, 1894.

17

received a majority of all the votes cast, was duly elected Governor of the State of Georgia for the ensuing term.

The Hon. William A. Wright, for Comptroller-General, received 125,295 votes, and Hon. W. R. Kemp received 92,641 votes. The President declared that the Hon. William A. Wright had received a majority of all the votes cast and was, therefore, duly elected Comptroller-General for the ensuing term.

The Hon. A. D. Candler, for Secretary of State, received 124,862 votes, and the Hon. A. L. Nance received 92,764 votes. The President declared the Hon. A. D. Candler duly elected Secretary of State for the ensuing term, he having received a majority of all the votes cast.

c: The Hon. R. U. Hardeman, for State Treasurer, received
125,161 votes and the Hon. M. Jones received 93,012 votes. The Hon. R. U. Hardeman, having received a majority Qf all the votes cast, was declared, by the President, duly elected Treasurer for the ensuing term.

For the office of Commissioner of Agriculture, the Hon. R. T. Nesbitt received 124,869 votet:, and the Hon. James Barrett received 92,545 votes. The Hon. R. T. Nesbitt, having received a majority of all the votes cast, was deelared, by the President, duly elected Commissioner of Agriculture for the ensuing term.

The Hon. J. M. Terrell, for the office of Attorney-General, received 125,125 votes, and the Hon. A. H. Mahaffey received 92,930 votes. The Hon.J. M. Terrell, having received a majority of all the votes cast, was, by the President, declared duly elected Attorney-General for the ensu-. ing term.
2s

18

JouRNAL oF THE SENATE.

The business for which the General Assembly had convened in joint session having been completed, the same was dissolved on motion of Mr. Harris of the Twenty-second District. Whereupon the Senate returned to its chamber, and was called to order by the President.
Mr. Harris, of the Twenty-second District, offered the following resolution, which was read and adopted, to wit:
Resolved by the &nate, the House concurring, That a committee of two from the Senate and thr~e from the House be appointed to prepare rules for the government of the House and Senate when in joint session, and that said committee report to their respective houses the resv.lt of their action, for confirmation.
The President appointed Messrs. Harris of the Twentysecond, and Sharpe, under the foregoing joint resolution.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, October 26, 1894, 10 O'clock A. M.

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

Prayer by the Chaplain.

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

Beeks, Broughton, Bush,
Bussey, Boyd, Brand,

Lewis, Long, Little, Lumpkin, McMillan, Mercer,

Sheppard, Story, Sanford, Snead, Sharpe, Starr,

FRIDAY, OCTOBER 26, 1894.

19

Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, .Johnson, Keen,

McGregor, Monro, Morton, McGarity, McClure, Norman, Osborne, Ryals, Roberts,

Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

The Journal was read and confirmed.

The unfinished business of yesterday was resumed, viz.:

the reading of remaining portions of the Governor's An-

nual Message. The Messages is as follows:

EXECUTIVE DEPARTMENT,
Atlanta, Ga., October 24, 1894.
''Po the Senate dnd House of Representatives :
I transmit herewith, for your consideration, the reports made to this office by the heads of the Depa~tments of the State Government, the trustees ofthe various State institutions, aad such other documents as will give you information about the State's affairs.
DIRECT TAX.
By an Act of Congress, approved March 2, 1891, entitled "An Act to credit and pay to the several States and Territories and the District of Columbia all moneys collected under the district tax levlied by the Act of Congress, approved August fifth, eighteen hundred and sixty-one, there are appropriated by the Federal government "such sums as may be necessary to reimburse each State, " etc., H for all money found due to them under the provisions of this Act."
It was further provided that: "All claims under the trust hereby created shall be filed with the Govern..,r ofsuch State or Territory and thu Commissioners of the Districi of Columbia. respectively, within six years next after the passage of this Act; and all claims

20

JouRNAL oF THE SENATE.

not so filed shall be forever barred, and the money attributable thereto shall belong to such State, Territory, orthe District of Columbia, respectively, as the case may be."
This Act also provided that "no money shall be paid to any State or Territory until the legislature thereof shall have accepted, by resolution, the sum herein appropriated, and the trusts imposed, in full satisfaction of all claims against the United States on account of the levy and collection of said tax, and shall have authorized the Governor to receive said money for the use and purposes afilresaid." In accordance with this provision, the Georgia legislature passed a resolution, approved August 6, 1S91, accepting the sum thus appropriated by the Federal government in full satisfaction of all claims against the United States on account of the levy and collection of said tax and authorized. the Governor to receive the amount from the United States.
The amount found to be due Georgia was $83,031.03; and, upon proper application made by me, this sum was forwarded and received by me September 16, 1891.
As soon as the necessary preparations,-advertising, distributing forms for the making of claims, etc.,-could be completed, payment of claims was begun. The tax had been collected in only five counties, namely: Bibb, Chatham, Clarke, Monroe, and Richmond. Payment of claims began in February, 1892, and haf' continued to the p1esent time.
On October 1, 1S9-1, there remained unpaid $19,876.:39 of the original amount.
There are some claims in process of settlement; and it is probable that quite a number will be made within the next two years; but it is surmised that there will remain unclaimed something likt:: $10,000 or $1.'">,000 at the expiration of the six years.
The six years within which all claims, to be legal: must be filed with the governor, will expire March 2, 1897.

FRIDAY, OCTOBER 26, 1894.

21

NORTHEASTERN RAILROAD.
On the 13th day of November last I received a communication from the Southern Mutual Insurance Company, through its President, Mr. Young L. G. Harris, notifying me that the interest on the bonds of the Northeastern Railroad Company, indorsed by the State, had been refused
Under the authority given the Executive in section 10 {)fan Act approved October 27, 1870, I took possession of the property of the road through Mr. R. K. Reaves, whom I had appointed the agent of the State to manage and control the State's interests, subject to orders from this department.
That part of the road running from Cornelia to Tallulah Falls, a distance of twenty-one miles, known as the Blue Ridge and Atlantic Railroad, was originally a part of the Northeastern Railroad, and, therefore, embraced in the property upon which the State claims prior lien to protect its indorsement. This road I found in the hands of a receiver appointed by the United States Circuit Court, who refused to deliver the same unless so ordered by the court appointing him. Application has not yet been made to the court for possession of this part of the road, and it is still in the hands of the receiver, and operated by him.
I have operated the road from the city of Athens to Lulu, the junction with the Southern Railway, under the closest economy, and with fairly good income.
At the expiration of the first six months of service, the road had earned more than enough, above operating expenses for the payment of the amount of semi-annual interest on the bonds, and I ordered the same paid for the six months <Jovering the time of the control of the property by the State. The amount of interest due at the time the road d~faulted is still unpaid, and it must be paid as determined

22

JOURNAL OF THE SENATE.

by the General Assembly, or in the judicious management or sale of the road.
I have not put the road upon sale, because of the unsettied business conditions of the country, and the further fact that it bas been paying sufficient income to warrant its control by the State, awaiting better opportunities for its sale.
I cannot speak in too strong terms of the management by Mr. Reaves, the agent of the State. As will be seen by his accompanying report, the income during the business season was highly remunerative, and in no month during the time have the expenses exceeded the income.
The very great disadvantages under which I received the road, the shortness of the line and the scarcity of appliances, all compelled me to use the strictest economy in expenditures, yet it will be found that the State's agent has utilized every possible opportunity for good and profit to the State in the operation of the road.

REAVES'S REPORT.

NORTHEASTERN RAILROAD OF GEORGIA,

R. K. Reaves, State Agent.

ATHENS, GA., September 1, 1894.

His ExceUency, the Governor, Atlanta, Ga.:

Sm-As directed in your favor of September 27th, I herewith

hand you consolidated statement of the earnings and expendi-

tures of the Northeastern Railroad of Georgia from November 20,

1893, to August 31, 1894:

Earnings.

Expenses. Net Earnings.

November..........................$2,354 11

$1,535 53

$ 818 58

December........................... 7,883 74 .January ............................. 5,995 66

5,259 40 3,597 59

2,624 34
2,398 m

February ... ..... ....... .. .... .. ... 5,021 51

3,932 84

1,088 67

March................................ 6,844 27

3,943 22

2,901 05

April................................ 3,977 58

3,739 84

237 74

May ................................ 3,096 04

2,915 18

180 86

.Tune.................................. 3,321 04

2,928 75

392 29

.July ................................. 3,296 16

3,007 06

289 1(}

August .............................. 3,948 37

3,728 02

220 35

$45,738 48 $34,587 43 $11,151 05

FRIDAY, OCTOBER 26, 1894.

23

The physical condition of the road, when turnoo over to us by

the Richmond and Danville Railroad, November 20, 1898, was

fair.

The road-bed was in good condition. The track, with the ex-

ception of about five and one-half miles, was all steel rail; the

five and one-half miles being 45-pound iron rail.

The bridges and trestles were all in good shape.

The depots, platforms, and grounds were in fair condition, with

the exception of Athens.

Rolling stock turned over: one engine, two coaches, one combi-

nation car, and one box car. Engine in good repair, and cars all

in fair condition.

The present condition of the road is as good, I think, as it was

when we took charge.

We have done considerable ditching on road-bed, and about

3,000 ties have been put in. We have made no change in iron,

other than to patch it, and to keep in as good repair as possible.

We have made no change in bridges and trestles, they still

being in good shape.

We have made some little improvements on depots and plat-

forms, both at Maysville and Harmony Grove. At Athens we

have been forced to make considerable improvements in both

grounds and platforms, these being in bad repair on account of

not being nsed for several years, the Richmond and Danville

having run joint agency with the Macon and Northern Railroad,

using their terminals.

The rolling stock is yet in very good shape. Have made a few

repairs from time to time, as needed, but as yet have made no

general repairs.

Yours truly,

R. K. REAVES,

State Agent.

NORTHEASTERN RAILROAD OF GEORGIA,
R. K. Reaves, State Agent.
ATHENS, GA., October 16, 1894.
Hon. W. J. N<Jrihen, Governor, Aaanta, Ga.: DEAR SIR-I inclose you liltatement of earnings and expenses
November 20, 1893, to August 31, 1894. I also inclose you a conden8ell balance sheet for your inflYI"/1Udion. You will note that there is a difference of $12,216.86 in favor of earnings as shown in the statement; this I wish to explain to you as follows:

24

JouRNAL OF THE SENATE.

Earnings as shown on August balance sheet..................$12,216 86 Approximated amount due by other lines, account Au-
gust tickets....... ...... ...... .. ...... ............ ...... ...... ......... 327 49

$12,544 35
Earnings as per statement..........................................$11,151 05 Due to others account August....................................... 917 74

$12,068 79
Showing a balance of $475.5H not accounted for.
This balance is provided to cover outstanding overcharge and damage claims. The claims are in process of adjustment,- but are not yet ready for final settlement; hence, the amount has not been taken out of the general account of the road.
In regard to September reports to be sent you by October 20th, I am confident that in order to give you a report of September at all, it will be necessary to approximate it. I wish, however, to assure you that we have made every effort to get the information together, so as to make the report complete. It can, with the information I will have in sight by the 20th, be approximated so as to give you a fair estimate as to the correct earnings.

BALANCE SHEET FOR AUGUST, 1894.

Treasurer................................................... $18,460 63

United States mail......... .......... ...... ...... ..... 606 84

Pay-rolls and accounts payable. .... .... ... ....

$ 3,172 58

Southern Express Company. . . . . . . . .............. 7 20

Due from agents account uncollected bills...... 2,919 96

Due to other lines. . . . . . . ...... .. ...... .... . ...... .. ...

15,884 91

Due by other lines.................................. ..... 179 72

Interest paid.................................. . . ... ...... 9,100 00

Earnings......... .. .... ......... .. ...... ........ ...... .....

45,81 6 26

Expenses ... ... ... ... ... ... ... .. .. ... ... ... .. .... ..... . ... .. .. 33,599 40

$64,873 75 $64,873 75

FRIDAY, OcTOBER 26, 1894.

25

SEPTEMBER-ESTIMATED.

EARNINGS.

EXPENSES.

$1,028.74 Passenger.

167.99

"

Estimated.

2,047.59 Freight

"

303.87 Mail.

61.14 Express.

$3,909.34

$2,496.50 900.00 Estimated.
$3,396.50

The amount shown under head of "Expenses" as estimated, is for bills not yet rendered for coal, stationery, &c.
The above figures ~:~how net earnings for the month $212.84, Yours very truly, R. K. REAVES, State Agent.

WESTERN AND ATLANTIC RAILROAD.
The law requires a report transmitted to the General Assembly, showing the management, income, etc., of the Western and Atlantic Road, the property of the State, and now operated by the Nashville, Chattanooga and St. Louis Railroad under lease from the State.
I transmit herewith the report giving the operations of this road fiJr the year beginning July 1, 1893, and ending June 30, 1894. The heavy expenditures made upon this property, as shown by the report, should be sufficient guar_antee that the road is in good hands.
REPORT OF THE OPERATIONS OF THE WES'fERN AND ATLANTIC RAILROAD.
ATLANTA, GA., October 1, 1894. 1b His Excellency, Hon. W. J. Northen, Governor of the State of
Georgia: SIB-In accordance with the provisions of an Act of the Legislature of the State of Georgia, approved November 12, 1889, pro-

26

JOURNAL OF THE SENATE.

viding for the lease of the Western and Atlantic Railroad, the Annual Report for the fiscal year ending June 30, 1894, is herewith submitted:

RECEIPTS.

F'reight ............................................ $889,097 43 Passage ..... ........ ........ ..... ..... . ... .. ... ... 267,337 79 Mail..... ........ ......... ......... ...... .... .... ...... 51,603 08 Express.............. ... .. .. ...... ...... ...... 17,486 24 Other sources........... .... ....... ............... 55,248 75--$1,280,773 29

OPERATING EXPENSES.

Maintenance of way .............................$ 72,424 78 Maintenance of equipment .................... 113,932 18 Conducting transportation ..................... 489,502 65 General expenses................................. 147,763 87-$ 823,623 48

Net earnings.. ..... . .............. ...... ..

$ 457,149 81

Rental...... .. .. .. ........ .... .... . ................$420,012 00

Interest...... ......... .... .... ......... ...... ......... 37,968 37

Taxes............... ........... ...... ......... ........ 8,148 95--$ 466,129 32

Deficit ...........................................

$

There has also been expended:

For ballast ........................................$ " new buildings .... .. ........ .................. " new side tracks............................... " new fences and stock gaps .............. " removing encroachments.......... .:....

4,143 13 8,879 74
596 31 108 25 148 55-$

8,979 51 13,875 98

Excess of expenses .. ......................

$ 22,855 49

STATISTICS.
Total number of pa~;~sengers carried.. ...... 270,110 Amount received from each passenger ... Total number of passengers carried one
mile ............................................... 11,219,789 Average receipts per passenger per mile .. Total tons of freight carried ... ..... ......... 914,255 Average amount received on each ton
carried ........................................ Total tons of freight carried one mile ...... 96,106,063 Average receipts per ton per mile ...........

.97700 .02352 .93710 ..00891

FRIDAY, OcrroBER 26, 1894.

27

OPERATIONS DURING LEASE.

The receipts and expenditures from December 27, 1890, to June30, 1894, three and a half years, have been : Receipts...................................... ..................$5,031,995 550perating expenses ............................................... 3,421,833 27

Net earnings ......................................................$1,610,162 28 Rental ...............................................$1,474,558 26 Interest.. ........ ...... ...... ...... ............ ...... 104,633 63 Taxes.. ........... ....... ...... ..................... 30,104 05--$1,609,295 94-

Surplus ..................................................................$ 866 34

There has also been expended for improvements during thisperiod:
Steel rails...:..........................................................$217,589 54Cross-ties...... .... ... ...... ..... ...... ...... ..... .. .... ...... ......... 56,865 11 Ballast......... ...... .. ... ...... .... ..... .. .... ... .. . ..... .... ......... 47,525 75 Masonry ......... ... .. .. ...... ......... .... .. . .... . ... ... ...... ... ..... . 28,809 42: Iron bridges........ ...... .. .... ...... .. .... .. .. . ...... .. .... .. .... .... .. ... 153,841 76 Highway bridges ............................... ... ...... ..... ......... 11,239 34 Buildings .. ...... .. .... ...... .. .... ...... ...... .... .. .. .. . ... ...... ......... 15,862 04 Depot.~ .............. .... ..... ...... ...... ...... ......... ........ ......... 4,831 11 Water stations..................................... . ..... ............... 15,314 02' Side-tracks..... .. .... . ...... ...... .... .. ...... .. ... . .. ... ...... ......... 42,825 36Switches.................. ...... .. ... ......... ... .. .. .. ...... .... .. ... .. . 16,063 28 Turn-tables .. ......... ...... ...... ...... ... .. ......... .... ... .. . .. .... .. .. . 5,650 47 Track scales........ .. .. .. .. ...... ......... ...... ...... ...... .. .... . ....... 2,382 37 Culverts ......... ...... ........ ..... ...... ................................. 1,982 05 Bumpers ..... ...... ...... ...... ................. ... ..... ...... ........ 1,373 74 Piling.. ..... ...... .... .. .. .. .. .... ...... ...... ....... . ...... .. .... ...... ... 3,897 08 Uoal chutes .. ......... .... ..... .......... .... .... .... .. .. .... .. .... ......... 3,508 46 Fences and stock gaps ........... ... ...... ..... ...... ........ ...... 2,048 13 Telegraph line..................................................... ...... 4,338 60 Buildings at Chattanooga.. ........ ........ ............ ...... ...... 11,294 70 Shops at Atlanta......................................................... 8,602 01 Curbing and paving at Atlanta and Chattanooga......... 5,842 24
Cars....... ...... ... .. .... .. .... ..... ...... ...... ...... ..... ......... ......... 9,029 ro
Removing encroachments.............. .... .... ..... ...... .. ..... .. 566 25-
Real estate............ ..... . ...... .. .. .. .... .. ...... .... .. ...... . .... . ...... 359 ro

Total........... ......... ......... .... . ..... .... . .....................$671,640 8.~

Respectfully submitted,

J. W. THOMAS, President.

28

JouRNAL oF THE SENATE.

It is my pleasure to again commend the management ot the lessees in the use of the State's property. The road-bed, bridges, and buildings have all been greatly improved, and they are kept in most excellent condition, and the State's interests have been most carefully and securely guarded.
The rental stipulated in the lease has been regularly and promptly paid, and the management has not hesitated to -expend additional sums in whatever way the best interests of the State's property demanded.
I have especial pride in the result of the work done by the State's attorney for this road, appointed under a recommendation I had the honor to submit to the General Assembly December, 1892.
A close study of the report presented by the present attorney, together with the report submitted heretofore by his distinguished predecessor and his supplemental report found herein, will disclose very much valuable information about the property of the State-recovering many important interests that were in danger of final and total loss.

THE STATE'S PENAL SYSTEM.
Besides the death penalty in certain cases, under -our statutes we have four distinct methoos of punishment for violations of law : 1st, Confinement in the county jail; 2d, Fine; 3d, Imprisonment in the county chain-gang; 4th, Confinement at hard labor in the State penitentiary.
This entire system needs careful review for the purpose -of making important and radical changes.
It is a question worthy your consideration as to whether the common public should bear the expense for maintenance of a criminal in the county jail, after conviction, unless, because of some physical infirmity, he may be unable to bear heavier penalties under severer and more disgraceful methods.

FRIDAY, OCTOBER 26, 1894.
There are many grave objections to the alternative penalalties imposed by fine.
My candid judgment compels me to believe that this system should be greatly abridged.
In some cases I have reason to know that penalties would not have been inflicted at all, were it not for the fine to be distributed in final settlement.
As the Executive of the State, I have been asked, time and again, to fix alternative penalties in fine, when the innocence of the party was partially, if not wholly, conceded.
It is dangerous to trust the liberties and the rights of thepeople to such powerful temptations on the part oft.he officers ofthe law.
Again, the social conditions that exist in our State make it possible for the fine to be paid by innocent parties. This system under such policy amounts, practically, in some sense to compounding a crime.
The officers of our courts should be paid fixed salaries, so that they may be relieved from the temptation to wrongdoing towards unfortunate citizens, who can be convicted for a price.
COUXTY CHAIN-GANGS.
I have, time and again, called the attention of your predPcessors to the lack of management and care in our county chain-gangs. The conditions of temporary lease are exactly the same as obtain in our State penitentiary, except that the term of service is much shorter, and yet the State gives absolutely no attention to the enforcement of the law or the care of the prisoners so confined and punished.
Upon this subject I quote from my message to yonr immediate predecessors :
"Upon investigation, you will find this system subject to all the criticisms that have been justly made by the General Assembly, from time to time, upon our penitentiary

:30

JouRNAL oF THE SENATE.

:System, and, yet, entirely without control and supervision by the State.
UThese convicts are hired or leased tQ private parties for the purpose of personal gain. So are convicts in our penitentiary. In the one case, convicts are turned over to the -mercy of those who have bought their muscle, without knowledge, by the State, as to their term of service, physical and moral condition, or general treatment. In the other, the State provides proper and diligent officers who h;>Ok to the proper enforcement of the contract, the record of the term, the discharge from service, the medical care of the prisoner, and the designation of the proper party to administer punishment. Inthe penitentiary, the convict is the ward, in some sense, of the State. In the chain-gang he is at the mercy of those who buy his time and strength, to make money, with no designated power to protect his rights, care for his morals, or defend his person.
"In some instances these convicts are hired by the same parties who hire penitentiary convicts, and they are, therefore, practically, confined in our penitentiary, when the judgment of the court did not so determine and their offences did not so warrant. This injustice, however, need not be mentioned in the presence of the greater wrong done them in the denial of care and protection by the State during the term of service.
"These convicts should receive from the State the same .superintendence as is given convicts hired to the lessees of our penetentiary.
"In my judgment the General Assembly cannot afford to -delay longer the consideration due prisoners confined in -our county chain-gnngs. "
To make further known to you the necessity for super-vision by the State, it may be proper to say, that during my term I have ordered the discharge of prisoners from .the county camps who have been detained by the author-

FRIDAY, OcTOBER 26, 1894.

31

ities many days after the order releasing them had been I now have on file in this office a letter written to a
worthy citizen of the State by the lessee of a county gang, otlering to sell to him a convict sent to his camps by order of the court, and disclosing the further fact that he has engaged in this open violation of the law as a general practice.
The State cannot longer endure or tolerate the shameful abuse of its prisoners and maintain its high standard of civilization.
Much has been said, from time to time, through the press, in legislative debates, and in public criticism denunciatory of our penitentiary system, which is under good control and management by competent State officials, while our chain-gang system, exactly the same in its organization, is in no sense guarded by the State, and its prisoners are left absolutely at the mercy, in every possible sense, of the chain-gang lessees.
I ask your consideration of this matter and recommend that an additional officer be attached to the Penitentiary Department whose duty it shall be to make and keep in that office a proper record of all county convicts, as is now kept of State convicts, and the enactment of such laws as will bring these prisoners under the same care and control as is exercised over State convicts.

PENITENTIARY.
I have no cause for complaint against the lessees ot the Penitentiary. On the contrary, I desire again to express my continued appreciation of their conduct, management, and uniform courtesy. They have co-operated with the State Department, and with this office in the humane treatment of the convicts, and I have found them always rea:dy and prompt to obey as well as enforce the law.

32

JouRNAL oF THE SENATE.

There have been some irregularities in the discipline and an occasional mutiny or rebellion among the convicts, but these and more might have been expected in the control of so large a number of bad and unmanageable people.
The officers in the State Department have been painstaking and faithful. The prisoners have been controlled with little or no friction, the sanitary conditions of the camps are admirable, and the death-rate, from all causes, is remarkably small, being 1.6 per centum.
The Principal Keeper, Assistant, and Principal Physician have my unqualified commendation, in that they have kept my administration free from stain in the public mind and absolutely clear of criticism, affecting their department, by the General Assembly, during the entire term of their service.
REFORMATORY.
Our system needs to be further amended by the establishment of a State reformatory or training school for young criminals.
During my term of office I have ordered and secured the separation of the sexes and the races in the State penitentiary, and the change haR worked great good to the system.
I have had no authority, under the law, to separate the younger offenders from the older and more hardened criminals. For the lack of such policy the best interests of the State have suffered gteatly.
No argument is needed to show the permanent hurtful effects of an indiscriminate close confinement of all kinds of offenders against the law.
The duty of the State is not complete when the offender has been simply punished, and it may be, cruelly abused. He deserves, and the interests of the State demand, that, he ' shall be made a better man.

FRIDAY, OcToBER 26, 1894.

33

Not only should the State secure the moral interests of its prisoners against the evil influences of environment, but it should give to these fallen people such moral helps and training as will_ make them better, upon restoration to liberty and possible citizenship. This is especially true of young criminals.
The increase of crime in the State is not so much attributable to the growing bad morals of the people as to the training system found in our chain-gangs and short terms in the penitentiary, without moral restraint and helpful influences.
If we keep abreast the civilization of the times and improve the moral standard of our people, we must use more humane treatment for youthful offenders against the law.
I earnestly recommend a suitable appropriation for the establishment of a reformatory or training school for youthful offenders.
We cannot stop to consider the pittance of cost, when we count the crimes it will prevent and the multitude of good citizens it will save to the State.
The State needs to give attention to the prevention of crime through more rational plans than its severe punishment.
GEOWGICAL SURVEY.
The Geological Department of this State has been thoroughly well organized by the appointment of Professor W. S. Yeates as chief, and Messrs. McCallie and King as assistants.
Professor Yeates is thoroughly competent for the place he holds as chief of the survey, and he has made, already, great progress in the material development of the State. In one instance alone, upon his certificate as to deposits, he has brought into the State a contract for $240,000.
3s

34

JouRNAL OF THE SENATE.

Under the present organization, it is easily plain that

we may expect most favorable results for increasing the

material wealth of the State.

The administrative work during the past year has been

very heavy, requiring a large part of the time of the State

Geologist. Considerable field work has been done, result-

ing in the finishing of the surveys of the marble and co-

rundum deposits of the State, and considerable progress on

the gold and phosphate deposits. Two months were de-

voted, in the latter part of the winter, to a careful exam-

ination of the phosphate beds in the southern part of the

State. The survey of the gold deposits, which was begun

late last fall, was resumed the first of May. The work in

Hall, Union, and Towns counties has been completed, and

work is in progress in Rabun, white, Lumpkin, and Chero-

kee counties. It is proposed to issue the first bulletin on the

gold deposits the latter part of next spring, which will in-

clude the counties abo\'e named, and probably one or two

more. Work will be continued on this important subject

until all the gold deposits in the State have been surveyed.

The geological survey is now well equipped with suitable

instruments and laboratory apparatus, and is in position to

do work which will be of great value to the State. Your

attention is called to the monograph report on the marbles

of Georgia, just issued from the press, and to a similar re-

port on the corundum deposits of the State. These reports

have been prepared after careful surveys, begun July, 1893,

by Assistant Geologists McCallie and King. The State

Geologist is now completing arrangements by which the

data on the water-powers in Georgia, collected by Mr.

C. C. Anderson, during the administration of the survey

by Dr. Spencer, may be published as Bulletin No. 3 of the

senes.

/

In connection with the work of the United States De-

partment and by the generous aid of Dr. Hays, the Direc-

FRIDAY, OCTOBER 26, 1894.

35

i:or of the United States Survey, we will soon have ready -for publication a bulletin on the bauxite (aluminum ore) of this State. The importance of this bulletin will be seen when :it is remembered that Georgia is practically the only State in the Union which has this valuable ore in large quantities. 'The recent introduction of this very light and durable -metal, on a large scale, into the arts and manufitctures, and 1the cheapness with which it can be produced from bauxite, .makes these deposits of great monetary value.
We are just beginning to enter upon the possibilities of :the investigation of the material wealth of the State. W~ >Cannot well discontinue the survey until the entire work is >Complete. The appropriation under which the department is now operating will expire during the next summer. I recommend an additional appropriation for the prosecution .of the work to the completion of the survey of the State.
EDUCATION.
The progress made in our system of common schools has been gratifying. During my term of office the appropriations for the education of the children of the State have been largely increased. The term of the schools has been extended from three to five months, a system of teachers' institutes, for the better training of teachers, has been established, and the General Assembly has accepted the buildings and made preparation for the beginning of a normal .school with fair prospects of success.
It has been with me a matter of genuine regret, however, that the normal school, an institution so much needed for the better education and training of the children, has not been fully and liberally endowed and equipped, and that the institutions for higher education-the University, the School of Technology, and the Girls' Normal and Industrial School-have not had the large appropriations they deserve and the interests of the State and the people demand.

36

JouRNAL oF THE SENATE.

The di~cussions before the General Assembly coveringthe interests of these institutions have been made up of unpleasant and unprofitable, and sometimes senseless criticisms, that have tended to hamper and hinder their progress and success rather than make them the equal of similar institutions of other States, or prepared to meet the demands of the people for whom they were established.
In the minds of some legislators these schools seem tohave been created for them to destroy.
If the conditions of the State demand these institutions they should be made eminently useful, by the proper and needed appropriation to make them equal to the best standards.
In this, my last official effort for the good of the State,. I most heartily recommend large and liberal appropriationsboth for the common school system, and for all the institutions for higher education established by the State.
The education of the people must be the safeguard of our liberties and the standard of our civilization, as well as theguarantee ofour material progress.

CHARITABLE INSTITUTIONS.
An examination of the reports submitted for the schoolsfor the deaf and the blind and the asylum for the insanewill show the satisfactory condition of these institutions. The conduct of the State towards these charities is abovecriticism, and their excellent condition is an honor to all our people.
There is still another large class of unfortunate peoplein our midst whose condition appeals most piteously to humanity and the State's sympathy. Many of the States of theUnion, in addition to the charitable institution>~ just named~ through similar motives, care for what is known as the" feeble minded" among them.

FRIDAY, OCTOBER 28, 1894.

37

Massachusetts opened an institution of this kind in 1848, New York began in 1851, Pennsylvania in 1853, Ohio in 1857, Connecticut in 1858, Kentucky in 1860, California in 1884, New Jersey in 1888, Maryland in 1886, and other .States at other dates.
The census for 1890 estimates this class of people in the United States to be 95,571; an increase of 18,576 since the last census. In this State we have 69::S such persons who are entirely unprovided for.
The blind, the deaf, the dumb, and the insane have received special care at the hands of the State for years past -at great expense, yet here is a large class of helpless ones, crippled by defects and infirmities, suffering for sins, it may be, they did not commit, while they sit in the shadow of ,great misery alone-all doors and all hearts closed against them save those of the jail and the poorhouse.
The training pursued in these schools, as determined by other States, is no longer an experiment. The general testimony of all these institutions is that few, if any, such chil.dren are not benefited by training in proportion to the time spent at the institution.
I recommend, in the. interest of these unfortunates, an investigation of this important charity along the line of the :State's policy and a suitable appropriation to care for and train them as are others similarly situated.

THE DE RENNE GIFT.
Mr. Everard De Renne, recently deceased in the State of New York, bequeathed to the State of Georgia a collection .of books of great value. These books have been received and deposited in the State Library. I transmit herewith a .communication addressed to me by the State Librarian, _giving statement as to character of the bequest and a full list of the books and periodicals.

38

JOURNAL OF THE SENATE.

STRFET IMPROVEMENT.
I have been presented by the Atlanta City Engineer with a bill for street improvement, amounting to $273.60. There is no appropriation to meet claims of this character,. and I have, therefore, declined to settle the bill. I refer it to your consideration, and recommend it to be paid.

ELECTIONS.
We have now reached a period in our political history that compels a strict regard for the security of elections through the purity of the ballot.
Unfortunately for our best interests, the people are seriously divided upon many ofthe most important political issues that confront us. The temptations to corrupt practices at the polls, and the opportunity to put them into damaging effect, are gr:eater than ever before in the history of the State.
No division of sentiment will ever change the character ofour free institutions if the purity of the ballot is preserved.
The highest duty of the General Assembly will be to guard our system of government against the dangers threatened through the ballot box by ambitious, bad men.
Whilst every opportunity should be secured to legal voters, of whatever political faith, to cast their ballots untrammeled, it is your imperative duty to ena:;t such laws, through a system of general registration or otherwise, that will prevent not only illegal voting but the failure to count such legal votes as may have been properly cast at any legal election.
No greater wrong in government can come to a citizen than the loss of his franchise through the ignorance, fraud, or technical bad management of election boards.
The State suffers again from the frequency of elections. The policy for nominating primaries has become uniform.

...

FRIDAY, OCTOBER 26, 1894.

39

over the State. These primaries are used at different times for different elections, and they occasion the same strife and contention as the general elections. Afterwards we have the general elections; in October for the State; fOllowed immediately, in November, for national officials, and, in two months thereafter, we have an election for county officers.
These elections not only consume, unnecessarily, the time of the people, but they multiply confusion and strife that can be easily avoided by a combination of elections.
Since the repeal of the Federal election laws there no longer exists sufficient cause for the separation of national and state elections. There certainly can be no good reason why the election for state and county officials should not be held on the same day and at the same time.
Your att~ntion is respectfully called to the evils attending our elections herein enumerated.
I recommend the enactment of just and comprehensive laws to remedy them.

THE COTTON STATES AND INTERNATIONAL EXPOSITION.
I most earnestly recommend large and liberal appropriations to the different depal'tments of State interests to be advanced by the Cotton States Exposition to be held, the coming year, in this city.
The management of the exposition have announced an extensive educational exhibit to be composed of common school, high school, and university exhibits from the different States at the South. Georgia cannot afford to be behind in this advertisement of her conditions on her own soil.
A better inducement for the appropriation is the incalculable good to come to our system by comparison.
I recommend an appropriation to the Department of Education for the collection of a school exhibit for the State as

40

JOURNAL OF THE SENATE.

an object lesson for the common instruction of the teachers and pupils of our schools.
The geological resources of the State, under the wise administation of the present chiefof this department, are beginning to attract widespread attention, and a liberal appropriation, authorized by law, for the gathering of a suitable display of the State's mineralogical resources at the capitol, could be first put on display at the exposition grounds to great advantage for the State's wealth in the inducement offered investors.
I recommend a liberal appropriation to the Geological Department for the collection of such exhibit to be put on display at the exposition and subsequently transferred to the capitol for permanent display.
For the greater wealth of our people and the consequent increase of the tax values of the f?tate, I recommend also an additional appropriation to the Agricultural Department of such an amount as may be necessary for a creditable display of our field products and agricultural resources.
These appropriations to the different departments of State for the purposes indicated are not only authorized under our law, but they are legitimate and proper expenditures of the people's money to advance their education and wealth. The General Assembly will do well to make these investments for the State's development.
The exposition in contemplation promises vast good to our section and incalculable benefit to our State if the opportunity is properly improved. It is to be held upon our own soil and at our capital city. It promises to be the most notable event of the kind in the history of the South. The Federal Government has recognized its importance and expended for its success and maintenance a large amount of money. The several Southern States, in sympathy with the General Government, and looking also to their individual interests, are making suitable appropriations for the adver-

FRIDAY, OaroBER 26, 1894.

41

tisement of their advantages in the display of their resources. Georgia cannot afford to do less, and I earnestly recommend a liberal appropriation to advance the State's interests through the unusual opportunities offered iu the Cotton States Exposition.
The General Assembly has too long neglected the proper development of the State. We have only to advertise our resources and uncover to the world our wealth in order to invite investments and good settlers who will reclaim our waste places, bring into service our water-powers, manufacture our abundant raw material, and make the land thrifty in prosperity.
Georgia in the past has held proud place among her sister, States. It behooves us now to look well to our laurels in this contest for supremacy on our own soil.

CONCLUSION.

I have about reached the end of my second and last term

as the Executive of this State. I lay down the burdens of

my office with feelings of great relief mingled with a degree

of regret. The duties of the Executive office have been

delicate and full of responsibility. I have discharged them ~ith the best of my ability, with high regard for my oath

of office, and the best interests of the Commonwealth.

I cannot forbear, through you, to express to the people

of the State my profound appreciation of their uniform

kindness to me and their expressions of commendation for

my administration.

It shall be my highest pleasure, during the future of my

life, to do whatever may be within my power to advance the

interests of the State, and to honor the people who have so

greatly honored me.

'

W. J. NORTHEN.

42

JouRXAL OF THE SENATE.

SPECIAL MESSAGE ON MILITARY AFFAIRS.

ExECUTIVE DEPARTMENT,
ATLANTA, GA., October 26, 1894.
To the General Assembly :
Through some inadvertence, my message to the General Assembly did not contain my recommendations covering the military forces of the State.
The Volunteer forces constitute so important a part of the State Government that I deem it proper, through a special message, to ask the continuation of the usual appropriation for their maintenance and equipment.
Under appropriations previously made by the General Assembly, the troops are being put into admirable conditinn. For each of the years 1893 and 18~H, the State appropriated $20,000; of which $700 for each year is set aside for the expenses of the Adjutant-General's office, expenses of the Advisory Board, boards ofexamination, etc. The remainder of the appropriation is used, exclusively, under the terms of the act, for expenses at the camp and those incident theret.o.
The federal government, during the fiscal year ending June 30, 1894, appropriated $11,213.96 for the equipment of the State forces. This money has heen expended in procuring ordnance, ordnance supplies, quartermaster's stores, one Gatling gun and carriage, knapsacks, haversacks, canteens, campaign hats, national colors for each of the six regiments of infantry, rifle and carbine ammunition, target and gallery material, repair and rebrowning of arms in the hands of troops, and other similar expenses.
The ground upon which the camp of instruction is located, together with all the impronments thereon, i>J the property of the State. It is situated" to the south of Griffin, and about one mile from the city. It is centrally located as to the State, and it is easily and conveniently accessible,

FRIDAY, OCTOBER 26, 1894.

43:

therefore, to all the State troops. The camp of instruction~ the past year, was divided into two tours of duty of ten days each ; the first tour from May 21st to May 30th, inclusive; second tour from June 5th to June 14th, inclusive. During the first tour the Second Regiment (12 companies), infantry, and three newly admitted companies, were present in the camp. During the second tour the Fourth Regiment, the Fifth Regiment, Infantry, including Land and Fifth Machine Gun Platoon attached, and First Battalion Cavalry (3 troops) mounted, were present ; the Fourth Regiment, 7 companies; the Fifth, 9 companies.
The personnel of the troops attending the camp of instruction is of a high order, and represents the best element of all classes of our citizens. The officers are competent and capable men. Many, if not most of them, are leading professional and business men, and they bring strong character to the military forces of the State. The discipline in camp, under such authority, could not be otherwise than good.
The Post-Commander, in his order closing the second tour of duty, said:
"These soldierly qualities have been reflected in a pronounced improvement on the part of the enlisted men, not
only in the matter of courtesy, the observance of which on, their part has been marked, but in the cheerful and uncomplaining assumption of every duty to which they have been summoned. They have been made apparent, also, in the contented spirit which has been so pleasingly noticeable as to provoke most favorable comment on every hand. The crowning glory of this encampment has been, not simply the willingness, but the apparent desire of the men to discard all glitter and tinsel, and assume the garb best adapted to a soldier's work."

44

JouRNAL OF THE SENAn;.

This statement of the management of the camp and of the soldierly bearing of the men is fairly representative of the conduct of the forces and the discipline of the o:fficers during their attendance upon the camp of instruction each year.
The railroads of the State have shown an appreciation of the value of the troops by affording ample facilities for their transportation on all occasions, and in the assistance rendered the State officers in the performance of their duty requiring travel.
The business men of the State, who employ the men who largely make up the State forces, have been generous in granting time for company drill and the instruction given at the camp.
The men composing the forces give their time without adequate compensation, and hold themselves in readiness at all times, under the call of the Commander in Chief to respond to any demand and to any duty required of them, to defend the honor or maintain the dignity, peace, and good order of the State.
I have found especial pride in the organization of the forces, their soldierly bearing, their promptness to respond to duty and obey orders, as well as the cheerfulness with which they give their time and services to the State.
I have appreciated, also, the liberality ofthe General Assembly, during my administration, in providing a camp of instruction and the appropriation needed to maintain and improve the forces during their attendance thereupon.
Our conditions, however, demand a more thorough and extended organization of the troops, that we may promptly meet emergencies aad maintain the peace of the State. Recent outbreaks in other States should be fair warning against indifference and neglect of this important arm of the State government.



FRIDAY, OCTOBER 26, 1894.

45

I recommend, therefore, not only the .continuance of the appropriation, usually made to maintain volunteer forces, but such additional amounts as in the wisdom of the General Assembly may seem due for the full protection of the State against invasion, insurrection, riot, and mob violence. These dangers are all the time possible and threatening, and the Executive would be absolutely powerless to maintain order and command the peace, without a well organized and thoroughly equipped military force.
I most heartily commend to your consideration the thorough and complete organization of the military forces of the State.
W. J. NORTHEN.



46

JOURNAL OF THE SENATE.

On the completion of the reading thereof, Mr. Sharpe moved that two hundred copies of the Message be printed for the use of the Senate. This motion prevailed.

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

By Mr. Roberts-
A bill to amend an act to provide for a Local Board of Trm1tees for the Military and Agricultural College, and the manner of filling vacancies, and subjecting the acts of said board to the approval or disapproval of the Board of Trustees of the University of Georgia, approved October 17, 1879.
Referred to the Committee on Education.

By Mr. Wade-
A hill to alter and amend paragraph 2, section 2, article 7 of the Constitution of the State of Georgia, designated in the Code of Georgia as section 5182, so as to enlarge the exemption from taxation touching places of religious worship or burial, and touching all buildings erected for and used as a college, incorporated academy, or other seminary of learning; to provide for the proper ratification of _ the same by the people, for the promulgation by the Governor of its ratification, in case of ratification, and for other purposes.
Referred to the General Judiciary Committee.

Mr. Brand presented a memorial, which, without being read, was referred with the hill of Mr. Wade.
Mr. Beeks offered a similar memorial, which was also referred with the bill mentioned, without being read.

FRIDAY, OCTOBER 26, 1894.

47

The Senate, on motion, took a recess subject to the call of the chair.

After a recess of ten minutes the Senate was called to order.
The following communication was received from his Excellency, the Governor, through Mr. \Varren, his Secretary, to wit:

M1. President :
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

On motion of Mr. Broughton, the Senate went into executive ~ssion, and after some time spent therein, returned to open session.

The following mt>ssage received from the House through Mr. Hardin, the Clerk thereof:
M1. President :
The Honse has adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit:

That a committee of five, three from the House and two from the Senate, be appointed to wait on the Governorelect, and acquaint him of his election, and learn his pleasure as to the time of his inauguration.

The committee on the part of the House are, Messrs. Hodges of Bibb, Hall of Coweta, Doolan of Chatham.

The joint resolution mentioned in the foregoing message was, on motion, taken up, read, and concurred in.

48

,JOURNAL OF THE SENATE.

The President appointed as the committee on the part of Senate thereunder, Messrs. Cumming, Mercer, and Boyd.

Mr. Harris, of the Twenty-second District, submitted to the Senate the following communication:

MAcoN, GA., October 22, 1894.
To the Honorable Senate and House of Representatives of Georg,ia:
GENTLEMEN :-The Dixie Interstate Fair, of the Macon Exposition Company, at Macon, commencing Tuesday, October 23, and continuing until November 8, has set apart and designated Monday, October 29, as "Atlanta Day."
It is the desire of the management to make this day a kind of "Geo1gia Day," on account of the prominence of Atlanta as the capital of the State, and we know of nothing that could add as much to the occasion as the presence of Georgia's General Assembly. We extend to you, collectively and individually, a cordial invitation to be present on the day named, and trust that you may see fit to honor us with your presence.
Please advise us early of your acceptance and oblige. Very truly yours, DAN G. HuGHES, ROBT. A. NISBIT, HYDE R. FREEMAN, CLEM. PHILLIPS,
\V. w. COLLINS,
Invitation Committee. A. C. KNAPPE, Secretary,
On motion of Mr. Harris, this communication was, for the present, laid on the table.

FRIDAY, OCTOBER 26, I894.

49

The following communication was received from his Ex-cellency, the Governor, through Mr. Warren, his Secretary, io wit:

Mr. Pre8ident :
I am directed by the Governor to deliver to the Senate a -communicati~m in writing.
On motion of Mr. Harris of the Twenty-second District, the communication of the Governor was taken up and read. It appearing that it was a portio'n of his annual message, the .same was included in the order to print two hundred copies -uf said message and will be found incorporated therein as published and spread out on this day's Journal.
Mr. Tatum, chairman of the joint committee to report -what officers are to be elected by this General Assembly, .submitted the following report :
Mr. Pre8ide1tt :
The joint committee appointed to inquire into and report what officers are to be elected by this General Assembly find that the following Judges and Solicitors-General are to be elected by this body for the terms herein stated :
SUPREME COURT.
1. A Chief Justice of the Supreme Court for the unexpired term of six years from January I, I893, to fill the vacancy caused by the resignation of Chief Justice Logan E. Bleckley.
2. An Associate Justice of the Supreme Court for the term of six years from January I, 1895, in place of Justice 'Thos. J. Simmons, term expiring.
4S

50

J.OURNAL OF THE SENATE.

SUPERIOR COURT JUDGES.
1. For the Augusta Circuit for four years from January 1, 1895.
2. For the Brunswick Circuit for four years from January 1, 1895.
3. For the Flint Circuit for four years from January 1, 1895.
4. For the Macon Circuit for the unexpired term endingJanuary 1, 1895.
5. For the Macon Circuit for the term of .four years from January 1, 1895.
6. For the Middle Circuit for the term of four years from January 1, 1895.
7. For the Ocmulgee Circuit for the term of four yearsfrom January 1, 1895.
8. For the Pataula Circuit for the term of four years from January 1, 1895.
9. For the Rome Circuit for the term of four years from January 1, 1895.
10. For the Southern Cil'cuit for the term of four years from January 1, 1~95.
11. For the Northeastern Circuit for the term of four years from January 1, 1895.
12. For the Tallapoosa Circuit for the term of four years from January 1, 1895.
13. For the West~rn Circuit for the term of four years from January 1, 1895.
14. For the Northern Circuit for the unexpired term ending January 1, I~97, to fill vacancy, Judge H. McWhorter resigned.

FRIDAY, OCTOBER 26, 1894.

51

SOLICITORS-GENERAL.
1. For the Northeastern Circuit for term of four years from January l, 1895.

2. For the Tallapoosa Circuit for the term of four years from January 1, 1895.

3. For the Southwestern Circuit for the unexpired term

of four years from January 1, 1893, to fill vacancy caused

by the death of C. B. Hudson.

w. G.

TATUM,

Chairman on part of Sen.ate.

On motion of Mr. Harris of the Twenty-second District, the communication submitted by him was taken from the table.

Mr. Bush moved that the Senate accept the invitation _ which it contained, to visit the Dixie Interstate Fair now
being held in the city of Macon, and that a committee be appointed to fix the day of visitation, after consultation with a similar committee of the House, should one be appointed.

This motion prevailed, and the President appointed as the committee of the Senate Messrs. Monro, Roberts, and Bush.
By resolution of Mr. Broughton, the Hon. A. C. Durberow and L. M. Hornberger, of Chicago, Ill., were invited to seats in the Senate chamber during their stay in this city.

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

52

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, October 27, 1894, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President presiding.

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Osborne, Ryals,

Roberts, Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wade, Williams of 25th, Williams of 36th, Mr. President.

All the Senators wer~ present except Mr. Wilcox, who was absent on account of death in his family.

The Journal was read and approved.

Mr. Sheppard introduced the following privileged resolution, which was read, and unanimously adopted by a standing vote, 1.o wit:

Resolved by the Senate in session, That we learn with deep regret of the sad death of Mrs. Wilcox, wife of our esteemed fellow Senator, Bon. George K. Wilcox; that we extend to him our deepest sympathies; and that he be furnished with a copy of this resolution.

SATURDAY, OcTOBER 27, 1894.

53

The following resolution, offered by Mr. Tatum, was taken up, read, and adopted, to wit:

Resolved by the Senate, That when a bill is amended in committee the chairman shail approve said amendment officially, and attach the same to the original bill or the engroRSed copy of bills.

Mr. Cumming, chairman of the joint committee on the part of the Senate to wait upon the Governor-elect and inform him of his election, submitted the following report:

Mr. President :
The joint committee appointed to wait on the Governorelect and inform him that he has been elected Governor of the State of Georgia, and to ascertain at what time it would suit him to be inaugurated, beg leave to report that they have discharged the duties imposed upon them by the joint resolution, and the Governor-elect requests your committee to inform the General Assembly that it will suit his convenience to attend at the hall of the House of Representatives at 12 o'clock noon to-day for the purpose of inauguration.
BRYAN CUMMING,
Chairman on the part of the Senate.

Mr. Harris, of the Twenty-second District, offered the following joint resolution, which was read and agreed to and ordered to be immediately transmitted to the House of Representatives, to wit :
Resolved by the Senate, the House concurring, That the Senate and House do meet in joint session at 11 o'clock a. m. on Monday, the 29th inst., for the purpose of electing Judges of the Supreme and Superior Courts. and Solicitors- General, in accordance with law.

54

JOURNAL OF THE SENATE.

Mr. Roberts moved that a committee of five be appointed to meet the young lady pupils of the Industrial School at Mill.edgeville and conduct them to the State capitol, to w~tness the inauguration of the Governor-elect.
The motion prevailed.
The President appointed as the committee for this purpose Messrs. Roberts, Sheppard, Wade, Brand, and McGregor.
Messrs. Wilson and Broughton were, on motion, added to the committee.

On motion of Mr. Brand, it was ordered that the action of the Senate relating to the ac<>~ptance by this body of the invitation to attend the Interstate Fair at Macon was ordered to be communicated to the House for information.
The following message was received from the House of Representatives through Mr. Hardin, its Clerk :

Mr. President:
The House has adopted the following resolution in which the concurrence of the Senate is asked:
Resolved by the House, the Senate concurring, That the Clerk of the House and the Secretary of the Senate be instructed to prepare and distribute among the members a manual which shall contain a copy of the Constitution of this State; a list of the officers and members of the Senate and House, their counties and post-offices, and the standing committeee of each House.

The House has also concurred in the resolution of the Senate appointing a joint committee to wait upon the Governor-elect, notify him of his election, and learn his pleasure as to the time of his inauguration, and for other purposes.

SATURDAY, OCTOBER 27, 1894.

55

The committee on the part of the House are, Messrs. Hodges, Hall, Doolan, Boyd, and Broyles.

The House has also adopted a joint resolution, that the -General Assembly convene in joint session at 12 o'clock M., October ~7th, for the purpose of inaugurating the Hon. W. Y. Atkinson, Governor-elect.

The Ron. Felix Corput, ex-Senator of the county of Floyd, was invited to a seat in the Senate.

Leave of absence was granted Mr. McGarity for tbis .day, and to Mr. Craigo until Monday.

The Senate took up the' joint resolution from the House, " directing the Clerk of the House and Secretary of the .Senate to have prepared and printed a manual of the Gen.eral Assembly."

On motion ofMr. Boughton, the resolution was amended by adding thereto, at its close, the following words, to wit :
"With the rules of the House and Senate when adopted :and the rules for the joint sessions, and that not ~ore than five hundred copies of said manual be printed."

The resolution, as amended, was concurred in.

The Senate, on motion, took a recess, subject to the call Of the chair.

At 12 o~clock, meridian, the President called the Senate to order, and announcing that the time had arrived for the two Houses to meet in joint session for the purpose of in:augurating the Governor-elect, the Senate, in a body, pre-ceded by its President and Secretary repaired to the Repre.sentative Hall.

56

JOURNAL OF THE SENATE.

Being announced by the Doorkeeper, they were received' by the House standing.

The President of the Senate took the chair and called the General Assembly to order.

The Secretary of the Senate, by direction of the President, read the joint resolution under authority of which the two Houses had convened in joint session.

The presence of the Governor-elect, at the door of theRepresentative Hall was announced by the Doorkeeper, whowas instructed to admit him and his attendants.

The Governor-elect with the Governor, preceded by the joint committee and followed by many distinguished officersand citizens, was received by the House of Representatives..

The Governor-elect, Hon. W. Y. Atkinson, was conducted. to the Speaker's desk, and was introduced by the Hon. W ~ H. Venable, President of the Senate.

He then proceeded to deliver his inaugural address, at the close of which he signified his readiness to take the oath. of office.
The same was administered by the Hon. Logan E. Bleckley, Chief Justice of the Supreme Court of Georgia.

Ex-Governor W. J. Northen, with appropriate remarks then delivered to his Excellency, Governor W. Y. Atkinson, the Great Seal of the State, by whom it was in turn delivered to the keeping of the Hon. A. D. Candler, Secretary of State.
The inaugural ceremonies being over, the joint session of' the General Assembly was, on motion of Mr. Cumming,. dissolved.

MoNDAY, OCTOBER 29, 1894.

5T

The Senate returned to its chamber, and, having been called to order by the President, adjourned, on motion,. until 10 o'clock a. m., Monday, the 29th instant.

SENATE CHAMBER, ATLANTA, GEORGIA, Monday, October 29, 1894, 10 O'clock A. M.
The Senate met pursuant to adjournment and was called' to order by the President.

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, BUSBey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Ryals, Roberts,

Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

Those not present were:

.Johnson,

Osborne.

The Journal was read and confirmed.

Mr. Harris, of the Twenty-second District, offered thefollowing joint resolution, which was taken up, read, agreed to, and ordered immediately transmitted to the House, to wit:

JOURNAL OF THE SENATE.

Resolved by the Senate, the Hottse concurring, That the ~ode of rules for the government of the House and Senate when in joint session, as published in the manual of 1892, be adopted for the government of the House and Senate in joint session during the present term, with the following amendment:
Amend rule 5 by adding at the end thereof the following
words:
" After a person is nominated for any office in the joint session of the General Assembly, it shall not be in order to second such nomination, and. when the nomination is <leclared, the President shall forthwith order the roB-call, and each member, when called, shall rise in his place and respond promptly, announcing distinctly his choice for such <>ffice."
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.

The message of the Governor was, on motion, taken up and read as follows :
ExECUTiVE DEPARTMENT,
Atlanta, Ga., October 29, 1894.

1.o the General Assembly:

I have the honor to inform you that the resignation of

Hon. Thomas J. Simmons, as Associate Justice of the Su-

preme Court of this State, has been this day received and

accepted by this department.

w. Y. ATKINSON,

Governor.

MoNDAY, OCTOBER 29, 1894.

59

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

Mr. President :
The House of Representatives has concurred in the Senate amendment to the resolution of the House instructing the Secretary of the Senate and the Clerk of the House to prepare a manual of this General Assembly.

The committee on the part of the House to prepare and report rules for the government of the General Assembly in joint session are, Messrs. Middlebrook, Jones of Dough-erty, and Boifeuillet.

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

Mr. President:
The House of Representatives has concurred 10 the following joint resolution of the Senate, to wit:
A resoluti<m amending the joint rules for the government of the General Assembly when in joint session, by prohibHing the practice of seconding nominations.

Mr. McGregor rose to a privileged question, and submit~ .ted a paper which was read.
Mr. McGregor moved to have the same spread upon the .Journal.
Mr. Harris, of the Twenty-second District, moved that the paper lay on the table.
Mr. McGregor assumed that a question of privilege was not a proper subject for a motion to lie on the table.

60

JouRNAL oF THE SENATE.

Mr. Harris of the Twenty-second District insisted that the paper in question contained two distinct propositions1 one of which could only be decided by a vote of the Senate. One of the propositions was in the nature of a protest which, in a proper case, the Senator would have the right to require spread on the Journal; the other proposition was a request for leave of absence for several Senators which could only be granted by the Senate.
The President sustained the position of Mr. Harris, and called the Senator from the Nineteeth District, Mr. McGregor, to order.
The motion to lay the paper in question on the table prevailed.

Hon. Thomas Mcintyre, Jr., of Thomasville, Ga., wasinvited to a seat in the Senate.

Leave of absence was granted Mr. McClure fi>r three days, on important business.

Also, to the Ron. Bion Williams, U.r three days, to attend the election contest in his case.

Leave of absence was granted the following Senators during the joint session to be held for the election of Judges and Solicitors-General, viz.:
Messrs. Snead, McGregor, Keen, and McGarity.

Leave of absence was granted Mr. Starr for Tuesday and Wednesday.

On the call of the roll for the introduction of new matter, a number of memorials, all of the same purport, were sent to the desk by Senators, and, without being read, were referred to General Judiciary Committee.

MoNDAY, OCTOBER 29, 1894.

61

The following bills were then introduced, read the first time, and referred as respectively indicated, to wit:
By Mr. BrandA bill to amend the charter of Coweta Bank, change its
name to "People's Bank," and for other purposes. Referred to Committee on Banks.

By Mr. Broughton-
A bill to establish a ~5ystem of public schools in the city of Madison, and to provide for the support, maintenance, and government of the same, etc., and for other purposes.
Referred to General Judiciary Committee.

By Mr. CummingA bill to provide for the probate of foreign wills and the
issue of letters testamentary thereon, and for other purposes.
Also, a bill to provide a uniform method of ex(!rcising the right of condemning, taking, or damaging private property.
Also, a bill to provide for the levy and sale of property, where the defendant infi. fa. has aiJ. interest therein, but does not hold the legal title thereto, and to provide for the distribution of the proceeds arising from such sale.

Also, a bill to prevent any person from taking as heir, legatee, devisee, distributee, or as beneficiary under an insurance policy, or in any manner being pecuniarily benefited, by the decease of any person whose death has been unlawfully caused by him
Also, a bill to provide for decent of property where persons are lost in the same catastrophe, or under circumstances where it is impossible to determine which died first.

62

JouRNAL oF THE SENATE.

These bills of Mr. Cumming were all referred to General Judiciary Committee.

At 11 o'clock a. m., the President announced that the time for the two bodies to meet in joint session had arrived.

The Senate in a body, preceded by its President and Secretary, repaired to the Representative Hall, and, being announced by thP- Doorkeeper, were received by the House of Representatives, standing.

The President took the chair and called the General Assembly to order.
Whereupon, the Secretary, by direction of the President, read the joint resolution under authority of which the joint session was convened.
The business of the joint session, viz.: the election of .Tudges of the Supreme Court and Superior Courts and Solicitors-General, was proceeded with, with the following results, to wit:
The Ron. Thos. J. Simmons was elected Chief Justice of the Supreme Court of Georgia, for the unexpired term of the Hon Logan E. Bleckley, resigned.
The Ron. Spencer Atkinson was elected Associate Justice of the Supreme Court of Georgia, to fill the unexpired term of the Hon. Thos. J. Simmons, resigned.
The Ron. Spencer Atkinson was also elected Associate Justice for the full term of four years from the 1st of January, 1~9.5.
The Ron. J. L. Hardeman was elected judge of the Superior Court, for the unexpired term of the Ron. C. L. Bartlett, and also for the full term of four years from January 1, 1895.

MoNDAY, OaroBER 29, 1894.

63

The Ron. E. H. Callaway was elected Judge of the Augusta Circuit, for the full term of four years from January 1, 1895.

The Hon. C. L. Sweat was elected Judge of the Brunswick Circuit, for the full term of four years from January 1~ 1895.

On motion of Mr. Humphryes of Brooks, the joint session was dissolved until 3 o'clock p. m.

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

Under suspension of the rules, the following bills were introduced, read, and referred as indicated, to wit :

By Mr. Tatum-
A bill to amend section 4766 of the Code of Georgia, so as to provide that the duties of the Principal Keeper of the Penitentiary, shall be performed by the Physician of the Penitentiary.
Referred to the Committee on Penitentiary.

By Mr. Brand-
A bill to change the time of holding the elections for county officers in the State of Georgia, and to that end t() amend the act of the General Assembly of said State, approved August 20, 1872, from the first Wednesday in January to the first Wednesday in October of the years in which such eleotions are held, and for other purposes.
Referred to General Judiciary Committee.
The &>nate adjourned, on motion, until 2:55 o'clock p. m.

64

JouRNAL oF THE SENATE.

2:55 O'CLOCK P. M.

The Senate met pursuant to adjournment, the President 1n the chair.

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

Beeks, Broughton, Bush, .Bussey, Boyd,
Brand, Brown, Cumming, Harris of Third, Harris of Twelfth, Harrison, Harris of 22d. .Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, Monro, Morton, McClure, Norman, Osborne, Ryals,
Roberts,

Sheppard, Story, Sanford, Sharpe,
F!tarr,
Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

Those absent were Messrs.-

Craigo, Mercer,

McGregor, McGarity,

A quorum was found present.

Snead.

At the hour of 3 o'clock p. m., the Senate in a body repaired to the Representative Hall, and being received by the House, the President took the chair and called the General Assembly to order.
The unfinished business of the morning was resumed, :and the following officers were elected to wit :
The Ron. A. H. Hansell was elected Judge of Superior Court of the Southwestern Circuit, for the full term of four years from .January 1, 1895.
The Ron. Seaborn Reese was elected Judge of the Northern Circuit for the unexpired term, commencing Jan.uary 1, 1893.

MoNDAY, OCTOBER 29, 1894.

65.

The Hon. Marcus W. Beck was elected Judge of the Superior Court of the Flint Circuit, for the full term of four years from January 1, 1895..
The Hon. W. T. Turnbull was elected Judge of the Rome Circuit, for the full term of fimr years from January 1, 1895.
The Hon. C. J. Jones was elected Judge of the Tallapoosa Circuit, for the full term of fours years from January 1, 1895.
The Hon. W. T. Roberts was elected Solicitor-General of the Tallapoosa Circuit, for the t'ull term of four years from January 1, 1895.
The General Assembly was, on motion, dissolved to meet again at 11 o'clock a. m. to-morrow.
The Senate returned to the Senate Chamber, and was. called to order by the President.

Mr. Broughton introduced the following resolution, which was read and adopted, viz.:
WHEREAS, The Senate is in receipt of an invitation from a committee of ladies, headed by Mrs. Governor Atkinson, to attend a flower show at Gate City Guards' Armory, 122 Peachtree street, October 30 to November 2 inclusive, the proceeds tQ go the Ladies' Department of the International Exposition, to be held in Atlanta next year; therefore be it
Resolved, ,That said invitation be, and the same is, hereby accepted with thanks.

The Senate, on motion, adjourned until 10 o'clock a. m, tQ-morrow.
5I

66

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, October 30, 1894, 10 O'clock a. m.
The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, BuSBey, Boyd, Brown, Cumming, Craigo, Harris of Third. Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, LE>wis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, Ryals,

Roberts, Sheppard, Story, Sanford, Snead, Sharpe, 'fatum, Upchurch, Wilson, Wade, Williams of 25th, Mr. President.

Those absent were Messrs.-

Brand, McClure, Norman,

Osborne, Starr,

Wilcox, Williams of 36th.

The Journal was read and approved.

The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to wit:

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

On motion of Mr. Cumming, the message of the Governor was taken up and read, as follows:

TUESDAY, OCTOBER 30, 1894.

67

EXECUTIVE DEPARTMENT,
Atlanta, Ga., October 30, 1894.
To the General Assembly :
I have the honor to inform you that the resignation of Marcus W. Beck, as Solicitor General of the }""'lint Circuit has been this day, accepted by this department.
w. Y. ATKINSON,
Governor.
On motion of Mr. Story, leave of absence was granted Mr. Norman of the Seventh District, on account of sickness in his family.
Mr. Bush moved that the bill of the Senate to amend section 4 766 of the Code, so as to make the physician of the Penitentiary the Principal Keeper thereof, was read the second time and recommitted.

By resolution of Mr. Sheppard, the Ron. Walter M. Clements, of Eastman, Ga., was invited to a seat in the Senate during his stay in this city.

Mr. Bush, chairman of the committee to fix the day ~f visiting the Interstate Fair at Macon, G., submitted the following report :

ltlr. President :

Your committee appointed to select a day on which to

attend the Dixie Fair at Macon, Ga., recommend Friday, 2d

of November, of the present week, as the most sbitable day.

C. C. BusH,

G. P. MoNRo,

w. R.

RoBERTS,

Committee.

This report was taken up and adopted.

68

JOURNAL OF THE SENATE.

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

By Mr. RobertsA bill to amend section 4587 of the Code, etc., and for
other purposes. Referred to General Judiciary Committee.

By Mr. LumpkinA bill to amend an Act to amend section 3149(a) of the
Revised Code of 1882, and for other purposes. Referred to General Judiciary Committee.

A number of memorials, all relating to the same subject, were sent to the desk by Senators, and, without being read, were referred to General Judiciary Committee.

At the hour of eleven o'clock a. m. the President announced that the time for the Senate aud House to meet in joint session had arrived.
. Thereupon the Senate, in a body, preceded by its President and Secretary, repaired to the House of Representatives, and were received by the House of Representatives standing. The President took the chair and called the General Assembly to order.
The unfinished business of yesterday was resumed, and the following officers were elected, to wit:
The Ron. J. M. Griggs, as Judge of the Superior Court of the Pataula Circuit, for the full term of four years from the 1st of January, 1895.
The Ron. Roger L. Gamble, Jr., as Judge of the Superior Court of the Middle Circuit, for the full term of four years from January I, 1895.

TUESDAY, O<..TOBER 30, I894.

69

The Hon; N. L. Hutchins, as Judge of the Western Circuit, for the term of four years from January I, I895.
The Hon. John J. Kimsey, as Judge of' the Northeastern Circuit, for the term of four years from January 1, I895.
The Hon. Howard Thompson, as Solicitor-General of the Norteastern Circuit, for the term of four years from January I, I895.
Hon. James M. DuPree, as Solicitor-General of the Pataula Circuit, for the unexpired term of the Hon. J. H. Griggs, resigned.
Hon. J. C. Hart, as Judge of the Ocmulgee Circuit, for the full term of four years from January I, I895.
The General Assembly having completed the election of all officers designated by the joint committe in this report, the President announced that it had been made known to the two Houses by ~he Governor in his message of this day, that a vacancy had been created in the office of SolicitorGeneral of the Flint Circuit by the resignation of the Hon. Marcus W. Beck, and asked what was the pleasure o( the General Assembly as to electing a Solicitor-General to fill said vacancy.
A motion was made that the General Assembly proceed to fill said vacancy at once, and the motion having prevailed, the President declared that nominations for that office were in order, whereupon the HoQ. 0. H. B. Bloodworth was placed in. nomination, and duly elected Solicitor of the Flint Circuit to fill the vacancy caused by the resignation of Hon. Marcus W. Beck.

On motion of Mr. Cumming of the Eighteenth District, the joint session was dissolved.

70

JOURNAL OF THE SENATE.

The Senate returned to the Senate Chamber, and, being . called to order by the President, adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, October 31, 1894, 10 O'clock a. m. The Senate met pursuant to adjournment, the President in the chair. Prayer was offered by the Chaplain. On the call of the roll, the following Senators answered to their names :

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarity, Oi!borne, Ryals, Roberts,

Those absent were Messrs.-

Morton, McClure,

Norman,

Sheppard, Story, Sanford, Snead, Sharpe, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.
Starr,

The Journal was read and approved.

On motion of. Mr. Beeks, the Senate reconsidered so much of the Journal of yesterday as relates to the adoption of Special Committee fixing Friday as the day for visiting Dixie Inter-State Fair at Macon, Ga.

WEDNESDAY, OcToBER 31, 1894.

71

The reconsidered report was on motion taken up, and on motion of Mr. Lewis, was so amended as to substitute Saturday, November 3, at 7 o'clock a. m., for Friday, November 2.
The report, as amended, was adopted.
The following message was received from House of Representatives, through Mr. M.A. Hardin, the Clerk thereof:

Mr. Speaker :
The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit:
Ruolved by the House, the Senaie concurring, That Saturday, November 3d, be not counted in the fifty days provided for as the time of holding sessions of the General As-
sembly, and that no perdie:m be allowed for that day.
On motion of Mr. Broughton, the joint resolution set forth in the foregoing message was taken up.
Whereupon Mr. Broughton moved that the Senate concur therein.

On this proposition, Mr. Osborne opposing the motion to concur, called for the ayes and nays, which were ordered by the Senate.

Those who voted in the affirmative are Messrs.-

Beeks, Broughton, BW!86y, Brand, Craigo, Harris of Twelfth, Harris of 22d, Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, Monro, McGarity,

Ryals, Sanford, Snead, Sharpe, Tatum, Wilson, Williams of 25th.

72

JouRNAL oF THE SENATE.

Those who voted in the negative are Messrs.-

Bush, Boyd, Cumming, Harris of Third,

Harrison, Osborne, Roberts,

Sheppard, Story, Wade.

Those not voting were Messrs.-

Brown, Mercer,
McGr~or,
Morton,

McClure, Norman, Starr, Upchurch,

Wilcox, Williams of 36th, Mr. President.

Ayes 23. Nays 10. Not voting 11.

So the motion to concur in the rPsolution was adopted.

By resolution of Mr. Cumming, General A. R. Lawton, of Chatham county, was invited to a seat in the Renate during his stay in the city.

The following Committee on Rules was announced by the chair: President, ex officio chairman; Messrs. Harris of the Twenty-second District, Cumming, Sanford, and Wilson.

On motion of Mr. Broughton, the bill " to establish a public school system for the city of Madison, and for other purposes," was read thP second time and recommitt~d.

Leave of absence was granted Mr. Cumming for Monday next; and to Mr. Sheppard, after Saturday, until Wednesday morning next ; also, to Mr. Keen for Monday next.
Under a suspension of the rules, Mr. Osborne offered the following resolution, which was taken up, read, and agreed to:
Resolved by the Senate, the House concurring, That a committee of three from the Senate and five from the House

WEDNESDAY, OcToBER 31, 1894.

73

be appointed to devise a method looking to the relief of the Supreme Cqurt and to report thereon at this session, of the General Assembly.
The President appointed as the committee under the foregoing joint resolution, Messrs. Cumming, Osborne, and Harris of the Third District.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as indicated, to wit :
By Mr. Brown-
A bill to establish the fees of Solicitors-General of the several circuits of the State, and provide in lieu thereof a stated salary.
Referred to General J ndiciary Committee.

By Mr. Cumming-
A bill to regulate the law of assignments for the benefit ofcreditors, to fix the rights and duties of assignors, creditors, and assignees, and for other purposes.
Referred to General Judiciary Committee.

Also, a bill to prov!de for the appointment of Auditors, prescribe their duties, fix their compensation, provide for a method of making their reports, regulate the practice .in cases where exceptions are filed to their reports, and for other purposes.
Referred to General Judiciary Committee.
By Mr. McGarity-
A bill to amend the Constitution, so as to provide for the election of Judges of the Supreme and Superior Courtr and Solicitors-General by the people.
Referred to General Judiciary Committee.

74

JOURNAL OF THE SENATE.

By Mr. Osborne-
A bill to establish District Courts of Appeal in this State, to define their jurisdiction, to provide for the procedure therein and for the compensation of their officers and for other purposes.
Referred to the Special Joint Committee provided for by joint resolution this day agreed to in the Senate.
Also, a bill to provide for the incorporation of Street and Suburban Railroad Companies.
Referred to General Judiciary Committee.
A number of memorials of like import were laid on the Secretary's desk, which were referred, without being read, to the General Judiciary Committee.
The Standing Committees of the Senate were announced by the President, and are as follows, to wit :

RELIEF OF SUPREME COURT.

Osborne,

CuMMING, Chairman. Harris, of the 3d.

PRIVILEGES AND ELECTIONS..

LrrTLE, Chairman.

Cumming, Beeks, Harris, ofthe 3d, Upchurch,

Tatum, Morton, Mercer, McGregor.

RULES.

PRESIDENT, Ex Officio Chairman.

Harris, of the 22d, Cumming,

Sanford, Wilson.

WEDNESDAY, 0a:roBER 31, 1894.

75

Long, McClure, Lewis,

ACADEMY .OF THE BLIND.
MoNRO, Chairman.
Ryals, Keen, Snead.

McMi1lan, Story, Harrison, Craigo,
Cumming, Morton,

PUBLIC ROADS. MERCER, Chairman.
Little, Brown, Keen.
MANUFACTURES. NORMAN, Chairman.
Williams, 36th, Johnson.

Tatum, Harrison, Little, Monro, Ryals, Harris, 12th, Story, McClure, Norman,
Upchurch, McClure, Morton,

PENITENTIARY.
SANFORD, Chairman. Sheppard, Wilcox, Williams, 25th, McMillan, Bussey, Snead, Broughton, Bush.
HALLS AND ROOMS
STORY, Chairman. Johnson, Keen, Lewis.

76

JouRNAL oF THB SENATE.

LUNATIC ASYLUM.

Broughton, Harris, 12th, Osborne, Lewis, Story, Harrison,

RoBERTS, Chairman. Bussey, McClure, McMillan, Cumming, McGregor.
FINANCE.

Long, Lumpkin, Wilson, Harris, 22d, Broughton, Roberts, Starr, Williams, 25th,

LEWIS, Chairman.
Morton, Sanford, Upchurch, Ryals, Wilcox, Little, Brown.

MINES AND MINING.

Little, McClure,

TATUM, Chairman,
Boyd, Brown.

TEMPERANCE.

Harris, 3d, Mercer, Wilson, Brown,

BoYD, Chairman.
Osborne, Sharpe, Williams, 36th.

WEDNESlJAY, OcTOBER 31, 1894.

77

STATE LIBRARY. WADE, Chairman.

Upchurch, Starr, Roberts,

Snead, Johnson, Sanford.

PRIVILEGES OF THE FLOOR. Bmm, Chairman.

McMillan, Osborne,

Harrison, Williams, 36th.

Wilson, Cumming, Wade, Bussey, Beeks, Sheppard, Monro, Roberts,

GENERAL JUDICIARY.
HARRIS, 22d, Chairman.
Harris, 3d, Bush, Brand, Starr, Little, Snead, Boyd, Osborne.

Sheppard, Mercer,

ENGROSSING.' CUMMING, Chairman.
Boyd, Wilson.

Monro, Beeks,

JOURNALS.
HARRIS, 12th, Chairman. Bussey, Robert.s.

JOURNAL OF THE SENATE.

I!S"TERNAL IMPROVEMENTS.

HARRISON, Chairman.

Norman, McGregor,

Story, Wilcox.

CORPORATIONS.

Cumming, Long,

BRAND, Chairman.
Harris, 22d, Sharpe.

SPECIAL JUDICIARY.

HARRIS, of 3d, Chairman.

Bush, Cumming, B. W. Sanford,

McGregor, Williams, 25th.

STATE OF THE REPUBLIC. "WILCOX, Chairman.

Harris, 12th, Brand, Norman, Bush, McGarrity,

Harris, 3d, Harris, 22d, Lumpkin, Keen, McGregor.

Sharpe, Harris, 12th,

PRINTING.
RYALS, Chairman.
Craigo, McGarrity.

WEDNESDAY, OCTOBER 31, 1894.

79

EDUCATION.

Starr, Morton, Osborne, Bush,

BEEKS, Chairman.
Broughton. Craigo, Brand, Monro.

PUBLIC PROPERTY.

Sharpe, _ Wilcox,

WILSON, Chairman.
Roberts, Craigo.

Harris, 3d, Sharpe, Boyd, Tatum, Mercer,

PUBLIC SCHOOLS.
LUMPKIN, Chairman.
Bush, Norman, Wilson, Craigo, Williams, 36th.

gsborne, Sneed, Oeeks,
Lewis,

MILITARY AFFAIRS. W. W. SHEPPARD, Chairman.
Broughton, Ryals.
AUDITING. STARR, Chairman.
Keen.

80

JoURNAL OF THE SENATE.

AGRICULTURE.

BROUGHTON, Chairman.

Sanford, Ryals, Harrison, Monro, Lumpkin, Wilcox, Williams, 25th,

Mercer, Boyd, Harris, 22d, McGarrity, Sheppard, Keen.

PETITIONS.

McMILLAN, Chairman.

Bush, Monro,

Snead, Johnson.

ENROLLMENT.

Harris, 12th, Story, Beeks,

SHARPE, Chairman. Harris, 22d, Sanford.
BANKS.

Sharpe, Lumpkin, Osborne, Broughton,

LONG, Chairman.
Wade, Snead, Lewis.

WEDNESDAY, OcToBER 31, 1894.

81

RAILROADS.

W. W. OsBORNE, Chairman.

Cumming, Beeks, Monro, Starr, Harris, 3d, Mercer, Morton, Broughton, Wade,

Wilson, Sheppard, Tatum, Harris, 22d, Lewis, Craigo, Snead, McMilJan, Long.

IMMIGRATION AND LABOR.

Tatum, Boyd, Wade,

BussEY, Chairman.
Roberts, Williams, 36ta, Wilson.

ACADEMYIOF DEAF AND DUMB.

Harris, 12th, Norman, Tatum, Long, E. B. Lewis, Story,
68

McCLURE, Chairman.
Wade, Williams, 25th, Bussey, McGregor, Johnson.

82

JouRNAL OF THE SENATE.

On motion of Mr. Beeks, two hundred copies of the Standing Committees were ordered to be printed for the use of the Senate.

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

SENATE CHAMBER, ATLANTA, GEORGIA,

Thursday, November 1, 1894, 10 O'clock a. m.

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

Prayer was offered by the Chaplain.

On the call of roll, the following Senators answered totheir names :

Beeks, Broughton, Bush, Bussey, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison,

Johnson, Keen, Lewis, Long, Little, Lumpkin, McMillan, Monro, McGarity, McClure, Norman, Osborne,

Ryals, Roberts, Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wade, Williams of 25th, Mr. President.

Those absent were Messrs.-

Boyd, Mercer, McGregor,

Morton, Story, Wilson,

Wilcox, Williams of 36th.

The Journal was read and approved.

Mr. Osborne moved to reconsider so much of the Journal of yest~rday as relates to the concurrence of the Senatewith the following joint resolution of the House, viz. :

THURSDAY, NovEMBER 1, 1894.

83

Resolved by the House, the Senate concurring, That Saturday, the 3d day of November, be not counted in the fifty days provided for as the time of holding sessions of the General Assembly, and that no per diem be allowed for that day.
Mr. Sanford rose to a question of order, assuming that on yesterday the resolution on question was concurred in by the Senate, and ordered to be immediately transmitted to the House, and was therefore beyond the control of the Senate.
;_, The President ruled that if the resolution had been actually returned to the House, the point would be well taken, but as the facts are that the resolution had not been transmitted, owing to the early adjournment of the House, the motion to reconsider could be entertained.

Mr. Osborne called for the yeas and nays on the motion to reconsider, and the same were ordered by the Senate.

Those who voted in the affirmative are Messrs.-

Bush, Harris of Third, Harrison, McGregor,

McClure, Osborne, Roberts, Sheppard,

Story, Starr, Wilson, Wade.

Those who vo~d in the negative are Messrs.-

Beeks, BroughtQn, Bussey, Boyd, Brand, Brown Cumming, Craigo, Harris of Twelfth, Harris of 22d,

Johnson,
Keen,
Lewis, Long, Little, Lumpkin, McMillan, Monro, Morton,

McGarity, Norman, Ryals, Sanford,
Snead,
Sharpe, Tatum, Upchurch, Williams of 25th.

84

JouRNAL OF THE SENATE.

Those not voting were Messrs.-

Mercer, Wilcox,

Williams of 36th,

Ayes 12. Nays 28.

Mr. President.

So the motion to reconsider did not prevail.

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

Mr. President :
The House has reconsidered the joint resolution transmitted to this branch of the General Assembly on October 31st, that Saturday, November 3d, be not counted in the fifty days provided for as the limit of holding session of the General Assembly, and that no per diem be allowed for that day ; and the House requests that said resolution be returned to the House.
Mr. Monro moved that the resolution concurred in on yesterday, and mentioned in the foregoing message from the House, be transmitted at once to that body.
The motion prevailed, and the resolution was transmitted to the House, showing that the Senate had concurred therein, and had refused to reconsider their action.

By resolution of Mr. Sanford, the Ron. C. B. Wooten of Dougherty county, was invited to a seat in the Senate during his stay in this city.

The following SenatQrs were granted leave of absence, viz.:
Mr. Bush from Friday, for a few days; Mr. Norman indefinitely, on areount of sickness in his family; Mr. McGregor for Saturday; Mr. Story until Monday; Mr. Brand for Friday and Saturday, and Mr. Brown for Monday and Tuesday.

FRIDAY, NOVEMBER 2, 1894.

85

Mr. Harris, of the Twenty-second district, offered the following resolution, which was read and adopted, to wit :
Resolved, That the committee appointed by the President for the relief of the Supreme Court, to act jointly with a committee from the House, be made a standing committee of the Senate, and be published as such in the list of committees.

Under a suspension of the rules, Mr. Roberts introduced the following bill, which was read the first time and referred to the General Judiciary Committee, viz:

A bill to protect innocent women against persons who may attempt, in a wanton and malicious manner, to injure or destroy their good name, character, or reputation, and to prescribe the punishment therefor.

The Senate took a recess for a few minutes, and, being called to order by the President, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGiA,
Friday, November 2, 1894, 10 O'clock a. m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.

On the call of the roll, the following Senators a.nswered to their names:

Beeks, Broughton, Bush, Bussey,
Bc;>yd,

Long, Little, Lumpkin, McMillan, Mercer,

Sheppard, Sanford, Snead, Shnrpe, Starr,

86

JouRNAL OF THE SENATE.

Brown, Craigo, Harris of Twelfth, Harris of 22d, Johnson, Keen, Lewis,

Monro, Morton, McGarity, McClure, Osborne, Ryals, Roberts,

Thot:e absent were Messrs.-

Brand, Cumming, Harris of Third,

Harrison, McGregor, Norman,

Tatum, wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President..
Story, Upchurch.

Mr. Monro, from the Committee on .Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Mr. Mercer offered the following resolution which was read and referred with a proposed amendment of Mr. Monro, to a special committee of three, to wit :

WHEREAS, Section 1:335 of the Code of Georgia requires that the Legislature shall commence balloting for a United States Senator when a vacancy is to be filled, in accordance with the Constitution of the United States, on the second Tuesday afterits meeting and organization thereof; therefore be it
Re8olved, That the Senate go into thfl election of United States Senator at 8:30 o'clock p. m., on Tuesday, 6th day of November, 1894.

The special committee to consider and report upon the foregoing resolution and proposed amendment consists of Messrs. Roberts, Harris of the Twenty-second, and Monro.

The amendment offered by Mr. Monro proposed to strike out 8 :30 o'clock p. m., and insert 10 o'clock a. m.

..

FRIDAY, NovEMBER 2, 1894.

87

The special committee made the following report:

Mr. Preside:nt :
The special committee appointed to inquire into the legality of the resolution fixing 8 :30 o'clock p. m., on Tuesday the 6th instant, for the election of United States Senator, beg leave to submit the following report:

We find no legal difficulty in the way of fixing any hour -of the second Tuesday, after the meeting of the General Assembly, as the time for the election of United States :Senators.
R. W. RoBERTS, N. E. HARRIS, G. p MONRO, Special Committee.

The report was adopted, and the resolution of Mr. Mercer

was laid on the table for the present.



On motion of Mr. Beeks, the Hon. Wm. Clifton, Secretary of the Senate, was granted leave of absence until Monday next, on account of sickness.

Mr. Wilson, the Doorkeeper of the Senate, was granted leave of absence for Monday next.

Leave of absence was granted Mr. Harris of the Twelfth District; to Messrs. Mercer and Morton, for Monday and Tuesday next ; to Mr. Harris of the Third District until Tuesday m&rning, and to Messrs. Snead and McGarity for Monday next.

Mr. Story, chairman Committee on Halls and Rooms, ~ubmitted the following report, to wit :

88

JOURNAL OF THE SENATE.

Mr. President:
Your committee has made the following assignments of rooms for the use of committees, to wit :
Academy of the Blind-Room No. 1. Public Roads-Room No. 2. Manufactures--Room No. 14. Penitentiary-Room No.2. Halls and Rooms--Room No.4. Lunatic Asylum-Room No. 3. Finance-Room No. 5. Mines and Mining-Room No. 4. Temperance-Room No.2. State Library-Room No.4. Privileges of Floor-Room No. 2. General Judiciary-Room No.8, Second Floor. Engrossing-Room No.1. Journals--Room No. 5. Internal Improvements--Room No.5. Corporations--Room No.3. Special Judiciary-Room No.2. State of the Republic-Room No.4. Printing-Room No.5. Education-Room No. 14. Public Property-Room No.6. Public Schools--Room No. 14. Military Affairs--Room No. 1. Auditing-Room No.6. Agriculture-Room No. I. Petitions--Room No. 6. Enrollment-Room No.3.

FRIDAY, NovEMBER 2, 1894.

89'

Banks--Room No. 2. Railroads-Room No 4. Immigration and Labor-Room No.3. Academy Deaf and Dumb-Room No. 1.

The following message was received from the House of Representatives, through Mr. M.A. Hardin, Clerk thereof~
Mr. President:
The House of Representatives has adopted the following resolution, and I am instructed to transmit the same to thisbranch ofthe General Assembly :

WHEREAS, A joint resolution has been transmitted tothe Senate without authority ofthe House before the confirmation of the House Journal on said resolution, which resolution reads as follows:
Resol~d by the HOU8e, the Senate concmrring, That saturday, November 3, be not counted in the fifty days provided for as the time of holding sessions of the General Assembly, and that no per diem be allowed for that day.
Resolved, That the Senate be requested to return to the House said resolution without action by that body.

The House has concurred in the joint resolution of the Senate, appointing a committee to devise a method looking to the reiief of the Supreme Court, and to report thereon at this session of the General Assembly, and the followingmembers of the House have been named as members of said committee to act: Messrs. Hall, chairman, Fouche, Gilreath, Jenkins, and Spence.
On the call of the roll for the introduction of new matter, the following bills were introduced, read the first time,. and referred to General Judiciary Committe :

90

JouRNAL oF THE SENATE.

By Mr. Craigo-
A bill to repeal certain portions of an act to carry into -effect paragraph 2, section 18, article 6 of the Constitution, so far as to provide for the revision of the jury box and for other purposes, approved October 17, 1879, and all acts amendatory thereof and in lieu thereof, to provide for the revision of the jury boxes by the Notaries Public and ~x officio Justices of the Peace of the different militia districts, as commissioners, and for other purposes.

By Mr. RyalsA bill to create the Eastman Judicial Circuit.

The Senate having disposed of all busine~s on the desk of the Secretary, adjourned, on motion, until 10 o'clock a. m. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 5, 1894, 10 O'clock a.m.
The Senate met pursuant to adjournment, the President in the chair.

Prayer by the Chaplain.

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

Beeks, Broughton, Bussey, Boyd, Harrison, ..Johnson, Long, Little,

Lumpkin, McMillan, Mercer, Monro, McClure, Osborne, Ryals, Roberts,

Story, Sanford, Sharpe, Starr, Upchurch, Wilcox, Wade, Mr. President.

MoNDAY, NovEMBER 5, 1894.

91

Those absent were Messrs.-

Bush, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth,

Harris of 22d, Kt-en, Lewis, McGregor, Murton, McGarity, Norman,

Sheppard, Snead, Tatum, Wilson, Williams of 25th, Williams of 36th.

Mr. Roberts, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Leave of absence was granted Messrs. Williams of the Twenty-fifth district, and Harris of the Twenty-second, for this day.

On the call of the roll, the following bills were introduced, read the first time, and referred to the General Judi-eiary Committee, viz.:
By Mr. Ruberts--
A bill to make it penal for any person or persons to aid Qr assist any patient to escape from the Lunatic Asylum who has been lawfully committed thereto ; to prescribe the punishment therefor, and for other purposes.

By Mr. Starr-
A bill to define how service may be effected upon corporations, mining, or joint-stock companies having property, but no agent or place of business in this State.

The Senate, having disposed of all business on the desk Q{ the Secretary, adjourned, on motion, until 3:30 p. m. tomorrow.

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JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, November 6, 1894, 3:30 O'clock p. m.
The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was offered by the Chaplain.

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

Beeks, Broughtnn, Bussey, Boyd, Brown, Cumming, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen, Lewis,

Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Ryals,

Roberts, Story, Sanford, Sne.ad, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Williams of 36th, Mr. President.

Those absent were Messrs.-

Bush, Brand, Craigo,

Osborne, Sheppard,

Wilson, Williams of 25th.

Mr. Harris, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

The following message was received from his Excellency,. the Governor, through Mr. Warren, his Secretary :

Mr. President :
I am directed by his Excellency, the Governor, to deliver to the Senate a communication in writing.
The message of the Governor was, on motion, taken up~ and read as follows :

TUESDAY, NOVEMBER 6, 1894.

93

EXECUTIVE DEPARTMENT,
Atlanta, Ga., November 5, 1894.

1o the Gtmeral Assembly:

I have the honor to inform you that Ron. Patrick Walsh,

Qf the county of Richmond, was, on the second day ofApril last, appointed by my predecessor Senator of Georgia, in

the Congress of the United States, to succeed the Ron.

Alfred H. Colquitt, deceased, until the meeting of the

present General Assembly.

w. Y. ATKINSON,
Governor.

Mr. Cumming offered the following. resolution, which Wa$ taken up, read, and agreed to, to wit :

Resolved, That the Senate proceed at once to the election of a Senator to fill the vacancy in the Senate of the United States for the term ending March 4, 1895, caused by the death of the Ron. Alfred H. Colquitt; and immediately thereafter to the election of a Senator to the United States Senate, to fill the term beginning March 4, 1895, pursuant to the Acts of Congress relating thereto.

The statute of the United States relating to the election -lf United States Senators was read by the Secretary by instruction of the President, and is as follows, to wit :

The Legislature of each State, which shall be chosen, next preceding the expiration of the time for which any Senator was elected to represent said State in Congress, shall, on the seoond Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress, in the place of such Senator so going out of office.
Said election for Senator shall be conducted in the following manner : Each house shall openly, by a viva voce vote Qf each member present, name one person for Senator in Congress from said State, and the name of the person so

94

JouRNAL OF THE SENATE.

voted for, who shall have a majority of the whole number of votes cast in each House, shall be entered on the Journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give such majority to any person on said day, that fact shall be entered on the Journal. At twelve o'clock meridian of the day following that on which proceedings are required to take place as aforesaid, the members of the two Houses shall convene in joint assembly, and the Journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, ,;uch person shall be duly declared elected Senator to represent said State in the Congress of the lJnited States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings as required in this section, the joint assembly shall then proceed to choose, by a viva voce vote of each member preEent, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each succeeding day during the session of the Legislature, and take at least one vote until a Senator shall be elected.
Wherever on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed, on the second Tuesday after the commencement and organization of the session, to elect a person to fill such vauancy, in the manner hereinbefore provided for the election of a Senator for a full term ; and if a vacancy shall happen during the session of the Legislature, then, on the second Tuesday after the Legislature ~;hall have been organized and shall have notice of such vacancy.

TUESDAY, NOVEMBER 6, 1894.

96

The President declared that nominations were in order for the unexpired term caused by the death of the Hon. Alfred H. Colquitt.

Whereupon Mr.. Cumming nominated therefor the Ron. Patrick Waslh of the county of Richmond.

This nomination was seconded by Mr. Beeks.

Mr. McGarity nominated the Ron. J. K. Hines. . This nomination was seconded by Mr. McGregor.

No other names being presented, the Secretary, by direction of the President, proceded with the call of the roll for the election.

The following Senators cast their votes for the Ron. Patrick Walsh, viz.:

Beeks, Broughton, Bussey, Boyd, Cumming, Harris of Third, Harris of Twelfth, Harrison, Harris of 22d, Lewis,

Lon~,
Little, Lumpkin, McMillan, Mercer, Monro, Morton, McClure, Norman, Roberts,

Ryals, Story, Sanford, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Mr. President.

The following Senators voted for Hon. J. K. Hines, viz.:

Brown, Johnson, Keen,

McGregor, McGarity,

Snead, Williams of 36th.

On summing up the vote, it appeared that the Hon. Patrick Walsh had .received thirty votes, and the Ron. J. K. Hines had received seven votes, and the President ordered the vote spread upon the Journal.

:96

JOURNAL OF THE SENATE.

The President then announced that nominations were in -order for a United States Senator to fill the full term, commencing on the 4th day of March, 1895.

Whereupon, Mr. Harris, of the Twenty-second District, placed in nomination the Ron. A. 0. Bacon of the county -of Bibb.
This nomination was seconded.

Mr. McGarity placed in nomination the Ron. J. K. Hines of the county of Fulton.
This nomination was also seconded.

There being no other names presented, the President -directed the Secretary to call the roll for the election.

The following Senators cast their votes for the Ron. A. 0. Bacon, viz.:

Beeks, }3roughton, .:BUSBey, Boyd, Cumming, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Lewis,

Long, Lumpkin, McMillan, Mercer, Monro, Morton, McClure, Norman, Ryals, Roberts,

Story, Sanford, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Mr. President.

The following Senators voted for the Ron. J. K. Hines:

VIZ:

Brown, Johnson, Keen,

McGregor, McGarity,

Snead, Williams of 36th.

On summing up the vote it appeared that the .Ron. A. 0. Bacon had received thirty votes, and the Ron. J. K. Hines had received seven votes. The President ordered the' vote to be spread upon the Journal.

WEDNESDAY, NoVEMBER 7, 1894.

97

Leave of ab~~ence was granted Mr. Craigo for to-day and to-morrow.
Mr. Harris, of the Third District, offered the following joint resolution, which was, on motion, taken up, read, and agreed to, to wit :
" Resolved by the Senate, the House of Representatives concurring, that a joint committee to consist of two from the Senate and five from the House of Representatives, be appointed for the purpose of investigating ~he present system of leasing the penitentiary convicts of Georgia, and reporting thereon.
Resolved {urthe1, That if said committee find that the working of the convicts under the present system should compete with free labor of this State, they will so report.
That they also report what deficiencies or imperfections they ascertain to exist. in the present laws on this subject, and to suggest therefor a bill that will best serve the interest of this State, and to refrain from competing against free labor. The President appointed as the committee on the part of the Senate, Messrs. Harris of the Third District, and Boyd.
Mr. Roberts introduced a joint resolution, authorizing the Hon. James A. Green to prosecute claims of the State of Georgia, against the United States, etc., which was read and referred to the Finance Committee.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, November 7, 1894, 10 O'clock a. m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.
7&

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JOURNAL OF THE SENATE,

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

Beeks, Broughton, Bussey, Boyd, Brand, .Brown, Cumming, Harris of Third, Harris of Twelftb, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, :\lercer, McGregor, Monro, Morton, McGarity, McClure,

Roberts, Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Williams of 36th, Mr. President.

Those absent were Messrs.-

Bush, CraijZo, Norman,

Osborne, Ryals, Sheppard,

Wilson, Williams.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the same correct.

It was then read and confirmed by the Senate.

Leave of absence was granted Mr. Sheppard for to-day~ and to Mr. Upchurch for to-morrow; also, to Mr. Williamsof the Twenty-fifth District, indefinitely, on account of sickness in his family.

Mr. Harris, from the Committee on Rules, submitted the following report:

Mr. President:

The Committee on Rules have had under consideration

the preparation of a Code of Rules for the government of

the Senate during the term for which the members are

elected, and submit thej following as the result of their

work, which they recommend be adopted:

(Signed)

WM. H .. VENABLE,

President and ex officio Chairman.

WEDNESDAY, NOVEMBER 7, 1894.

99

RULES OF THE SENATE.
THE PRESIDEl'o""T.
Rule 1. The President shall, in his discretion, suspend irrelevant deb~te, and command silence whenever he may deem it needful.
., Rule 2. In all cases of election by the Senate, the Pres-
ident shall vote. In other cases, lie shall not vote, unless the Senate shall be equally divided, or unless his vote, if given to the minority, will make the division equal, and in case of such equal division the question shall be lo~;t. But in all cases where a fixed constitutional vote is required to pass the bill or measure under consideration, and said bill or measure shall lack only one vote to pass the same, the President may vote.
Rule 3. When two or more Senators shall rise at the same time, the Pnsident shall name the Senator entitled to proceed.
Rule -1. All committees shall be appointed by the President, unless otherwise ordered by the Senate.
Rule 5. The method of stating the question or any motion by the President shall Leas follows: "All in favor of the motion will say, Aye." "Those opposed will say, No." And when a division may seem doubtful to the. President, or a decision of the Senate is called for by any one member of the Senate, the President shall call upon the Senators in favor. of the motion to rise, and, after a. count is had by the Secretary, he shall call upon the Senators to reverse their positions, and the President shall announce the result.
Rule 6. The President may, during a day's sitting, name any Senator to perform the duties <>f the Chair during any part of that sitting, but no longer.
Rule 7. Whenever, from any cause, the President shall be absent, the President pro tempore shall preside, and if

100

JOURNAL OF THE SENATE.

both shall be absent the Secretary of the Senate shall call the Senate to order, and shall preside until a President pro tempo1e shall be elected, which said election shall be the first business of the Senate. The Preside1_1t pro tempore thu;; elected shall preside until the return of one of the firs"t named officers, when this function shall cease.
Rule 8. On all appeals on questions of order of a personal character, there shall be no debate.
Rule 9. All appeals from the decision of the Chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the Chair and before said appeal is sought to be made.
Rule 10. The President shall have power to suspend the Messenger and Doorkeepers for misconduct or neglect of duty, and when Fmch suspension has been made, he shall report the same to the Senate within twenty-four hours thereafter for such action as the Senate may see fit to take in the premises.
Rule 11. The President shall have power to cause the galleries and lobbies of the Senate cleared by the Messenger and Doorkeepers in case of disturbance or disorderly conduct therein, and to cause any person or persons so offend.ing, to be arrested and brought before the bar of the Senate, to be dealt with for contempt of the Senate.
Rule 12. When less than a quorum vote on any subject under consideration by the Senate, the President may order the door of the Senate to be closed and the roll of Senators called by the Secretary, and if it is ascertained that a quorum is present, either by answering to their names or by their presence in the Senate, and if any Senator present then refuses to vote, unless excused, such refusal shall be deemed a contempt of the Senate.
Rule 13. The President may at any time order the roll cal1ed on any question, and take the yeas and nays, where

WEDNESDAY, NOVEMBER 7, 1894.

101

a division of the Senate discloses the fact that a quorum of the Senate has not voted.
Rule 14. All questions as to the priority of business tp be acted on shall be decided by the President without debate.
ON DECORUM AND DEBATE.

Rule 15. When any Senator is about to speak in debate or deliver any matter to the Senate, he shall arise from his seat and respectfully address himself to "Mr. President." He shall be confined to matter in debate, shall not speak more than twice on any subject, nor more than once until every member choosing to speak shall have spoken. If any Senator ~n speaking, or otherwise, transgress the rnles of the Senate, the President shall call him to order, in which case the Senator so called to order shall immediately sit down, unless permitted to explain. The Senate shall, if appealed t(l, decide ; and if the decision of the Senate be not submitted to, the delinquent, for the first offence, shall be reproved, for the second fined in a sum not exceeding ten dollars, and continuing r~fractory may be expelled from the-Senate by a two-thirds' vote of the Senators, which said vote shall be taken by ayes and nays.
Rule I 6. If any Senator be called to order for words spoken, the words excepted to shall be taken down in writing by the Secretary and read, then admitted, denied, or explained by the Senator who spoke, and thereupon the question of order shall be decided and such other proceedings had as the Senate may deem proper in regard thereto. But no Senator shall be held to answer, or be subject to the censure of the Senate for words spoken in debate if any other Senator has spoken, or other business has intervened after the words were spoken, and before the exception to them was taken.

102

JOURNAL OF THE SENATE.

Rule 17. The members of the Senate shall forbear from private conversation and preserve silence until a speaking Senator shall have taken his seat.
Rule 18. The Senators shall avoid naming each oth~r when they may have occasion to take notice of their observations, but may designate them by the districts they repre-
sent. Rule 19. No Senator shall vote upon any question in
the result of which he is personally interested; and in every case where tl}e seat of a Senator is being contested, the sitting Senator and the contestant shall both retire from the Senate before the vote is taken.
Rule 20. Any !Senator may have entered on the Journal a protest in writing against the action of the Senate ; said protest shall clearly and succinctly set forth the grounds of such protest, and shall not be argumentative, nor arraign, nor impugn the motive of the Senate nor any member thereof.
Rule 21. No Senator shall pass between the Chair and a Senator while he is speaking, nor shall any Senator, at the time of adjournment, leave his seat until the President retires.
Rule 22. No Senator shall, in debate, refer to any private conversation had with another Senator, or to any matters which have transpired in any committee or in the Senate.
Rule 23. Applause or hisses in the Senate chamber, or in the galleries or lobby during any speech or legislative proceedings shall be promptly suppressed.
Rule 24. During the calling or reading of yeas and nays on any question no debate shall be had.
Rule 25. No Senator can make more than one motion at a time, and while the motion is being put to the Senate he must resume his seat, and he is not further tntitled to the floor unless again recognized by the President.

WEDNESDAY, NovRMBER 7, 1894.

103

Rule 26. No Senator, having asked and obtained leave of the Senate to explain his vote on any question before the Senate, shall be allowed more than ten minutes for such explanation, unless said time i:s extended by a vote of the Seriate.
Rule 27. When the reading of any paper is called for, and the same is objected to by any Senator, it shall be determined by a vote of the Senate, and this motion shall be decided without debate.
Rule 28. A motion to excuse a Senator from voting must be made before the Senate divides, or before the call of the yeas and nays is commenced, and it shall be decided without . debate, except that the Senator making the motion may briefly state the reason why, in his opinion, it ought to prevail.
DIVISION OF A QUESTION.
Rule 29. Any one Senator may call for a division of the question on a subject in which the sense thereof will admit of it.
Rule 30. The Senator calling for a division must state into how many, and definitely what parts, he would have the question divided. Each part of the divided proposition must be so distinct that if taken away the remainder can stand by itself and be consistent and entire.
BILLS AND RESOLUTIONS.
Rule 31. All bills and resolutions shall be called in the order in which they stand on the calendar, and before reading any bill or resolution the second or third time, the Secretary shall distinctly state its number and the name of the Senator by whom introduced.
Rule 32. No debate shall be admitted upon any bill at the first reading, and the question shall be, "Shall this bill be committed or engrossed?" In case of engrossment, the entry thereof shall be made by the Secretary, and the bill

104

JOURNAL OF THE SENATE.

shall not be amendabl~ thereafter unless subsequently committed. In cases where the report of a committee is favorable to the passage of the bill, tbe same shall be read a second time and passed to a third reading without question. Where the report of a committee is adverse to the passage of a bill, on the second reading thereof the question shall be on agreeing to the report of the committee. If the report of the committee is agreed to, the bill shall be lostIf the report of the committee is disagreed to, the bill shall be passed to a third reading unless recommitted. Any bill may be withdrawn at any stage 6ereof by consent of the Senate.
Rule 33. No bill or resolution shall be transmitted to the House on the day of the passage thereof unless a majority of the Senators present shall so order.
Rule 34. No bill shall be printed until after the same has been reported to the Senate by the committee to which it has been referred, or by request of said committee and the order of the Senate agreeing thereto.
Rule 35. All bills and resolutions shall be written or printed, and shall have the name of the Senator introducing the same, as well as the district he represents, indorsed on the back of the same, and in the case of bills the caption of the bill shall also be indorsed on the same.
Rule 36. Where a bill or a resolution has been referred and reported by more than one committee, or bas been reported on and recommitted to the same committee, the last committee report shall be acted on by the Senate~

PRECEDENCE 0.1<' MOTIONS.
Rule 37. When any subject is before the Senate for consideration, or under debate, no motion shall be received~ except the following, to wit:
1st. A motion to adjourn. 2d. A motion to lay on table.

WEDNESDAY, NovEMBER 7, 1894.

105

3d. A motion for the previous question. 4th. A motion to postpone indefinitely.' 5th. A motion to postpone to a day certain. 6th. A motion to commit. 7th. A motion to amend.
Which said several motions shall have precedence in the order named.
MOTION TO ADJOURN.
Rule 38. A motion to adjourn is in no instance debatable, nor shall said motion be made a second time until further progress has been made in the business before the Senate.
Rule 39. A motion to adjourn to a particular day, or for a particular time, is debatable.
Rule 40. The motion to adjourn can he made at any time when the Senator moving it can legitimately obtain the floor.
Rule 41. A motion to adjourn may be made after the motion for the previous question has been sustained; but when the Senate has voted that the "maio question shall be now put," no motion to adjourn is in order, nor shall any motion to adjourn be in orderafter the Secretary has called the first name of the yeas and nays, and a vote of one Senator has been given, or after a division of the Senate has been had on a vote, and the vote is in process of being counted and announced.
Rule 42. When a motion to adjourn in its simple form prevails, it adjourns the Senate to the next sitting day or time in course.
Rule 43. Whenever the hour of adjournment, as fixed by a prior resolution, shall arrive while the vote of the Senate is being taken by the yeas and nays, the session shall continue un~il the final vote is taken and announced. and if said hour of adjournment shall arrive while the

106

JOURNAL OF THE SENATE.

Senate is acting on the "main question," after "a motion for the previous question has been sustained," and before the vote on the main question is being taken, either by a division or by the yeas and nays, as aforesaid, the Senate shall stand adjourned by virtue of said prior resolution.

MOTIONS TO J-AY ON THE TABLE.
Rule 44. No motion to lay an amendment or substitute on the table shall be in order.
Rule 45. A majority of a quorum voting may take from the table at any time when the Senate is not engaged on any other measure, any bill, resolution, or other paper which has been ordered to lie on the table.
Rule 46. A motion "to lay on the table," or "to take from the table," can be renewed from time to time when . new business has intervened between the votes.
Rule 47. Neither the motion to lay ou the table nor the motion to take from the table is debatable or amendable.
Rule 48. Nothing can be legitimately laid on the table .:Jxcepting what can be taken up again.
Rule 49. A motion to lay on the table may be made after the " motion for the previous question has been sustained," but when the Senate has voted that "the main question shall be n011J put," no motion to lay on table is in order.
THE MOTION FOR THE PREVIOUS QUESTION.
Rule 50. The motion for the previous question shall be decided without debate, and shall take precedence. of all other motions except motions " to adjourn," or "to lay on the table," and when it is moved, the first question shall be, "Shall the call for the previous question be sustained?" If this be decided by a majority vote in the affirmative, the motion "to adjourn," or "to lay on the table," can still be

"'\YEDNESDAY, NovEMBER 7, 1894.

. 107

made, but they must be made before the next question, to-

wit: "Shall the main question be now put?" is decided in

the affirmative, and after said last question is affirmatively

-decided by a majority vote, said motions will be out of order, and the Senate cannot adjourn until the previous -question is exhausted, or the regular hour of adjournment .arrives.

Rule 51. W"hen the previous question has been ordered, the Senate shall then proceed to act on the m:ain question without debate, except that before the main question is put, twenty minutes shall be a]lowed to the committee whose report of the bill or other measqre is under consideration to close the debate. When the report of the committee is :adverl'le to the pas<~age of t.he bill or other measure, the in-

troducer of the bill shall be allowed twenty minutes before the time allowed to the committee for closing the debate. 'The chairman of the committee, or the introducer of the :bill or other measure, may yield the floor to such Senators as he may indicate for the time, or any part of it, allowed under this rule.

Rule 52. After the main question is ordf"!red, any Sen.ator may call for a division of the Senate in taking the

vote, or may call for the yeas and nays, but on all questions on which the yeas and nays are called, the assent of one-fifth -of the number present shall be neces~ary to sustain the call, :and when such call is sustained, the yeas and nays shall be -entered on the Journal.

Rule 53. The effect of the order that the "main, question be now put" isto bring the Senate to a vote on pending questions in the order in which they stood before it was moved.

Rule 54. After the main question has been ordered, no motion to reconsider shall be .in order until after the vote .on the main question is taken and announced.

108

JouRNAL oF THE SE~ATE.

Rule 55. In all cases of contested election, where there is a majority and a minority report from the committee on "privileges and elections," if the previous question .is ordered, there shall be twenty minutes allowed to the member of said eommittee whose name is first signed to said minority report, or to such member, or members, as he may inclicate for the time so allowed, or any part of it, before the twenty minutes allowed to the chairman submitting the majority report.
Rule 56. The previous question may be called and ordered upon a single motion, or an amendment, or it may be made to embrace all authorized motions, or amendments, and include the entire bill to its passage or rejection.
Rule 57. A call of the Senate shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the President that a quorum is not present
Rule 58. All incidental questions of order arising after a motion is made for the previous question, and pendingsuch motion, shall be decided, whether on appeal or otherwise, without debate
MOTIONS TO INDEFINITELY POSTPONE.
Rule 59. When a bill, resolutions or other measure is under consideration on the final reading thereof, a motior.. to indefinitely postpone, if decided in the affirmative by a majority of a quorum, thereby disposes of said bill, resolution or other measure for the session.
Rule 60. The motion to indefinitely postpone lays open the whole question for debate, but it cannot be amended.
Rule 61. While the motion to indefinitely postpone
takes precedence over p. motion to postpone to a day certain,.
or to commit or amend, yet this motion cannot be applied to said motions, nor can it be applied to incidental questions, such as questions of order, reading of papers, withdrawal of a motion and suspension of a rule.

WrmxESDAY, NovEMBER 7, 1894.

109

Rule 62. No motion to indefinitely postpone shall be renewed on any bill, resolution, or other measure after the same has once been voted down.
MOTION TO POSTPONE TO A DAY CERTAIN. Rule 63. On a motion to postpone to a day certain~ it is not in order to debate tbe merits of the question propo!"ed to be postponed. Debate may be allowed, but it shall be confined strictly to the proposition to postpone, and to show why one day is preferred to another. Rule 64. Motions to commit may be made to refer a bill, resolution or other measure to a standing or special committee. Rule 65. A motion to commit to a standing committee takes precedence over a motion to commit to a special committee, and shall be first voted on. Rule 66. On a motion simply to commit, no debate shall _be allowed, but where instructions are added, the merits of the question can be debated. Rule 67. A motion to commit may be amended by adding instructions, or by substituting another committee for the one named by the Senator making the motion. Rule 68. Any proposition that has been referred to any committee, either standing or special, may, on motion, be .recommitted to the same or any other committee .by a majority of a quorum.
MOTIONS TO AMEND. Rule 69. There are three ways in which a proposition may be amended, tO wit :
1st. By inserting or adding words. 2d. By striking out words. 3d. By striking out and inserting words.
A namendment is itself subject to be amended in all three of the ways above mentioned, but it is not admissible to amend an amendment to an amendment.

110

JouRNAL m THE SENAT.Jo~.

Rule 70. When a bill or resolution is before the Senate for consideration, and amendments are pending thereto, and a substitute shall he offered for said bill or resolution, and an amendment shall be offered to said substitute, it shall be in order for the Senate to first perfect the original bill or resolution, and then perfect the substitute. The question shall then be on agreeing to the substitute as amended, if it be amended, and if decided in the affirmative, the question shall be: " Shall this bill pass," or " resolution be adopted," as the case may be, by substitute.
Rule 71. An amendment cannot be offered after the report of the committee to whom was referred the bill or resolution under consideration has been 3greed to by the Senate, unless said action of the Senate, in so agreeing to said report of said committee, shall first be reconsidered.
Rule 72. All motions to amend any matter before the Senate must he in writing, and must plainly and distinctly set forth the amendment desired, and the part of the bill or resolution where said amendment shall be inserted or added.
Rule 73. On all questions, whether in committee or in the Senate, the last amendment, the most distant day and the largest sum shall be first put.
Rule 74. Where blanks occur in any proposition, they must be filled first before any motion is made to amend.
Rule 75. The caption or preamble of a bill or resolutil}n shall not be considered or amended until the measure has been perfected.
Rule 76. When a proposition consisting of several sections or resolutions is on a final reading, and the Senate shall agree to a motion to consider the same by sections or paragraphs, the Secretary, in reading the same, shall pause at the end of each section or resolution, and the amendments thereto shall be offered as the several sections or resolutions are read, but the amendments offered by the committee to whom said bill or resolution was referred shall be read by

WEDNESDAY, NovEMBER 7, 1894.

111

the Secretary without any motion being made in the Senate,. and when a section or resolutim shall have been considered,. it is not in order to recur back and amend it.
Rule 77. When a motion is made to amend by striking-. out and inserting, the Secretary shall read the paragraph asit is, then the words to be stricken out, and finally the whole paragraph as it would be if amended.
Rule 78. When a motion is made to amend by strikingout a paragraph, any amendment offered to perfect the paragraph shall be put first before the question is put forstriking it out.
Rule 79. When any bill or resolution which originated in the Senate bas been amended in the House, and is before the Senate for action on the House amendment, an amendment may be offered in the Senate to the House amendment, but the Senate amendment to the House amendment cannot be further amended; it must be agreed to or voted down.
Rule 80. A motion to amend an amendment, made by the House to a Senate bill or resolution, takes precedence of a motion to agree or disagree to said amendment.
Rule 81. The questions which arise before the Senate respecting amendments by the House to a Senate bill or- resolution are :
1st. A motion to agree to the House amendment... 2d. A motion to disagree to the House amendment. 3d. A motion to recede from its disagreement or amendment.
4th. A motion to insist on its disagreement or amendment.
5th. A motion to adhere to its disagreement or amendment.
They take prece.de~ce in the above order.

112

JouRNAL oF THE SENATE.

RECONSIDERATION.
Rule 82. When the Journal of the preceding day shall be read, it shall be in the power of any Senator to move for a reconsideration of any matter therein contained, except such matter as has been previously reconsidered : provided, such Senator shall notify the Senate of' his intention to move such reconsideration at any time before the Journal is confirmed.
Rule 8!3; The notice of a motion to reconsider shall not be withdrawn after the time has elapsed within which it might originally have been made.
Rule 84. No matter shall be reconsidered more than once.
Rule 85. Motions for reconsideration shall be in order immediately after the confirmation of the Journal on the day succeeding the action sought to be reconsidered, except that any matter which could not be reconsidered on the succeeding day shall be in order for reconsideration on the day of said action.
Rule 86. The action of the Senate upon an amendment may be reconsidered at any time before final action upon the section, bill, or resolution to which it relates.
Rule 87. All bills reconsidered shall take their place at the foot of calendar of bills then in order for a third reading.
ABSENTEES.
Rule 88. The roll-call at the opening of each session of the Senate shall not be dispensed with, except by a majority vote of the Senators present.
Rule 89. Upon the call of the Senators, ordinary and extraordinary, the names of the absentees shall be noted by the Secretary, and shall appear upon the Journal.

WEDNESDAY, NovEMBER 7, 1894.

113

COMPELLING ATTENDANCE.
Rule 90. The power to compel the attendance of Senat.ors, in order to keep or secure a quorum, shall be vested in the Presi~ent, and to this end he may have the doors of the 8e]late closed. When the doors are so closed, no Senator shall be allowed to retire from the Senate without first obtaining leave from the Senate.
The Messenger of the Senate shall be ex officio Sergeantat-Arms of the Senate, and on order of the President may arrest any absentees and bring them before the Senate when necessary to secure a quorum as aforesaid.
CALL OF THE SENATE.
Rule 91. Whenever the result of a vote taken shall dis- . close the fact no quorum of the Senate is present, or when the President shall officially state the fact to the Senate, it shall be in order for any Senator to make a motion for a call of the Senate, and when this motion is made, the President shall state the question as follows : "Shall the motion for the call of the Senate prevail?" and if five of the Senators present shall vote in the affirmative, the President shall order the Secretary to call the roll of Senat.ors, and the absentees shall be noted ; the doors shall then be closed, after which the names of the absentees shall again be called over, and those who do not appear, and who arQ absent without leave, may, by the order of the majority of the Senators present, be sent for and arrested wherever they may be found by officers to be appointed by the Messenger for that purpose, and their attendance secured, and the Senate shall determine upon what conditions they shall be discharged.
MISCELLANEOUS RULES.
Rule 92. When a message is sent to the Senate, it shall be announced at the door of the Senate by the Doorkeeper, and be respectfully communicated to the Chair by the person through whom it may be sent.
8s

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JOURNAL OF THE SENATE.

Rule 93. Messages may be received at any time while the door is open, except while a question is being put, or a ballot, or a viva voce vote is being taken. A message shall be presented to the Senate by the President when received, or afterwards, according to its nature and the business in which the Senate is engaged, or its consideration may, on motion, be ordered by the Senate.
Rule 94. After a motion is stated by the President, or read by the Secretary, it shall be deemed to be in the possession of the Senate, but may be withdrawn at any time before decision by consent of the Senate.
Rule 95. Any member presenting a petition, memorial or remonstrance shall, as concisely as practicable, intimate the name and object of the petitioner, moralist, or remonstrant, which shall be noted on the Journal, and the paper may then be referred without reading.
Rule 96. Any motion to suspend the rules or change the order ofbusiness shall he decided without debate.
Rule 97. Any motion not privileged,. containing new matter, shall lie at least one day on the table.
Rule 98. \Vhenever on any question the yeas and nays shall have been ordered, the Secretary shall also enter on the Journal the names of those members not voting.
Rule 99. Whfre a motion is made by any Senator, it shall not be necessary that the same shall be seconded before being put to the Senate.
Rule 100. After the announcement of the standing committees, no other Senators shall be placed thereon, unless it be at the request of a majority of the committee to be added thereto, except when Senators have been elected to fill vacancies caused by death or otherwise, the President may assign said Senators to such committees as he may see fit,
and he may fill any vacancy in chairmanships. Rule 101. No person shall be allowed to enter upon the
floor of the Senate, except the Senators and officers thereof,

WEDNESDAY, NovEMBER 7, 1894.

115

the officers and members of the House, the Governor of the State and the heads of the offices of the Executive Department, ex-Governors, Judges of the Supreme and Superior Courts in actual commission, ex-presiding officers of the Senate and House, and such others as the Senate may :allow upon rf'commendation of t~ committee on the privileges of the floor.
Rule 102. It shall be the duty of the Committee on Journals to read the Journal of each day's proceedings, and 1eport to the Senate that the same is correct before the Journal is read by the Secretary.
Rule 103. .The hour to which the Senate shall stand adjourned every day shall be 10 o'clock a. m. of the suceeeding day (except Sunday), unless otherwise ordered by the Senate.
.Rule 104. A motion for the call of the yeas and nays shall be decided without debat~.
Rule 105. All writs, warrants and subpoonas issued by order of the Senate shall be signed by the President and :attested by the Secretary.
Rule 106. It shall be the duty of the Messenger to .attend to the wants of the Senate while in session ; to aid in the enforcement of order, under the direction of the President, to execute the demands of the Senate from time to time, together with all such processes, issued under its :authority, as may be directed to him by the President.
Rule 107. The Messenger, under the direction of the Secretary, shall superintend the distribution by the Pages of all documents and papers to be distributed to the members; he shall distribute to the members the usual and necessary stationery required by them.
Rule 108. No committee shall deface or interline a bill, resolution, or other paper referred to said committee, but shall report any amendment recommended on a separate

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JouRNAL OF THE SENATE.

paper, noting the section, page, or line to which said amendments relate.
Rule 109. No pairing of members shall be recognized or allowed as an excuse for not voting.
Rule 110. Whenever any Senator moves that a Committee of. Conference, on disagreeing votes of the two Houses, naming the number of members, be appoint(ld, if said motion prevails the President shall appoint a committee on the part of the Senate, and in such case the committee shall consist only of such Senators as voted in the majority on the position assumed by the Senate, and if by inadvertence any Senator be nominated on said committee who was not in said majority vote, he shall notify the Senate and be excused by the President.
Rule 111. After commitment of a bill, and report thereof to the Senate, it may be amended before the report of the committee is agreed to by the Senate ; but the ame~d ments, if any, reported by the committee, .shall be disposed of before any other amendment be considered, unless it be an amendment to a committee amendment.
Rule 112. No motion on a subject different from that under consideration shall be admitted under color of amendment. If a motion be made to strike out part of a bill or resolution, a motion to amend the part proposed to be stricken out shall be first in order.
Rule 113. All reports of a committ(le shall be in writing, and the minority of a committee may make a report in writing, setting forth succinctly the reasone for their dissent.
Rule 114. Every motion to alter the rules of the Senate, or for information from the Executive or departments, shall lie on the table one day.
Rule 115. On the call of the yeas and nays, the Secretary shall read the names of the Senators after they have been called, and no Senator shall be permittad to change

WEDNESDAY, NOVEMBER 7, 1894.

117

his vote, unless he at that time declares that he voted

under a mistake of the question.

Rule 116. Questions of privilege shall be, first, those

affecting the rights of the Senate collectively, its safety'

dignity, and the integrity of its proceedings; second, the

rights, reputation, or conduct of Senators individually, in

their representative capacity only, and shall have prece-

dence of all other questions, except a motion to adjourn.

Rule 117. In all elections, a majority of the Senators

present shall be necessary to a choice.

Rule 118. No bill or resolution appropriating money

shall become a law, unless upon its passage the yeas and

nays are called and recorded. All bills for raising revenue

or appropriating money must originate in the House of

Representatives, but the Senate may propose or concur in

amendments, as in other bills.

Rule 119. Whenever the Constitution requires a vote

of two-thirds of either or both Houses, for the passage of

an act or resolution, the yeas and nays on the passage there-

of shall be entered on the Journal; and when any amend-

ment to Constitution shall be agreed to by a two-thirds' vote

of members elected, such proposed amendment or amend-

ments shall be entered on the Journal in full, with the yeas

and nays taken thereon.

Rule 120. The first and second reading of local bills

shall consist of the reading of the titles only, unless said

bill is ordered engrossed.

.

Rule 121. The Secretary and Assistant Secretary shall,

before entering on their duties as such, take an oath before

their presiding officer to discharge their duties faithfully

and to the best of their skill and knowledge, and the Sec-

retary shall enter into bond in the sum of $5,000, condi-

tioned for the faithful discharge of his duties. Said bond

to be approved by President of Senate.

Rule 122. All engrossing and enrolling clerks, before

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entering upon the discharge of their respective duties, shall take an oath before the President of the Senate to discharge their duties faithfull)' and to the best of their skill and knowledge, of which a minute shall be made and entered on the Journals, and no journaling, recording, enrolling, or engrossing clerk shall be appointed by the Secretary of Senate unti~ such clerk has been examined by the Enrolling Committee and certified to be competent and well qualified for the discharge of the duties required of him, and shall be removed at any time upon recommendation of the Enrolling Committee.
Rule 123. When there is a meeting of both branches of the General Assembly in joint session, the Secretary shall enter on the journal of the Senate the proceedings of the same.
COitiMITTEES.
Rule 124. The President shall appoint the following standing committees :
General Committee on Judiciary, for consideration of general bills.
Special Committee on Judiciary, for the consideration of special or local bills.
Committee on Finance. Committee on Corporations. Committee on Railroads. Committee for Relief of Supreme Court. Committee o.n State of the Republic. Committee on Internal Improvements. Committee on Agriculture. Committee on Privileges and Elections. Committee on Petitions. Committee on Enrollment. Committee on Journals. Committee on Military Affairs. Committee on Banks.

WEDNESVA.Y, NovEMBER 7, 1894.

119

Committee on Education. Committee on Public Schools. Committee on Deaf and Dumb .Asylum. Committee on Blind Asylum. Committee on Lunatic .Asylum. Committee on Penitentiary. Committee on .Auditing. Committee on Public Printing. Committee on Immigration and Labor. Committee on Temperance. Committee on Public Property. Committee on Publi.c Library. Committee on Privileges of the Floor. Committee on Mines and Mining. Committee on Hall and Committee Rooms. Committee on Rules, of which the President shall be ex otficio Chairman. Committee on Congressional and Legislative Reapportionment.
ORDER OF BUSINESS.
Rule 125. The following shall be the order of business: 1. Prayer by the Chaplain. 2. Call of the Roll. 3. Report of Committee on Journals. 4. Reading of the Journal. 5. Confirmation of the Journal. 6. Motions to reconsider. 7. Unfinished business. 8. Special orders. 9. Presentation of petitions.
10. Reports of standing committees. 11. Reports of select committees. 12. Messages from the Governor. 13. Me~es from the House of Repre~entatives.

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JOURNAL OF THE SENATE.

14. Introduction of bills the first time on Mondays, Wednesdays and Fridays of each week.
15. Consideration of bills adversely reported from committee, on Tuesdays and Thursdays of each week.
16. Reading of bills second time favorably reported from committee, on Mondays and Saturdays-of each week.
17. Motions and resolutions. 18. General orders; butmessages from the Governor and House of Representatives and reports from all committees may be received under any order of business. Rule 126. 'Vhep any question arises which is not provided for in the foregoing Rules, the same shall be controlled by the rules usually governing parliamentary bodies. Rule 127. Any one of the foregoing Rules may be suspended by a two-thirds' vote of the Senators, a quorum being present and voting thereon.

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

Mr. President:
The House of Representatives have adopted the following joint re!3olutions, in which they ask the concurrence of the Senate, to wit:
A resolution providing for a joint committee to prepare and present to this General Assembly a general registration law for this State.
The committee appointed on the part of the House are, Messrs. Redding, McDonald, McMichael, Price, and Murrah.
Also, a resolutian providing for a joint committee to report to this General Assembly a bill looking to the consolidation of allgeneral elections in this State~

WEDNESDAY, NovEMBER 7, 1894.

121

The committee on the part of the House are Messrs. Wright, Harrell, Howell, Worley, and Traylor.

The joint resolution from the House providing for a joint committee on registration was, on motion, taken up and concurred in.

The President appointed as the committee on t.he part of the Senate under this resolution, Messrs. Cumming, Bussey, and McGregor.

The joint resolution from the House on general elections was, on motion1 taken up and concurred in.
The Pr~sident appointed undE>r this resolution, as the committee on the part of the Senate, Messrs. Harris of the Twenty-second District, Wade, and Snead.

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

By Mr. Boyd-
A bill to provide a mode of amending the charters of cities and towns of this State.

Also, a bill to authorize the Judge of the Superior Court of each judicial circuit in this State to fix the times of holding the courts in each county thereof.
These bills were referred to General Judiciary Committee.

By Mr. BusseyA bill to provide a general registration act for the State
of Georgia. Referred to .Special Joint. Committee on Registration.

122

JouRNAL OF THE SENATE.

By Mr. Harris of Third District-
A bill to provide for granting a total divorce in case where either party has become hopelessly insane, and has continuously remained insane for five years; the method of procedure shall be as now provided by law.
Referred to General Judiciary Committee.

Also, a bill to require the Board of Education in the several counties of this State to pay the public school teachers the pro rata share of each pupil within the school age attending said public school, regardless of the grade of the teacher's license.
Referred to Committee on Education.

By Mr. McGarity-
A bill to amend SPction 1252 of the Code of 1882,which provides for a Board of Education and County School Commissioner and how chosen ; said section to be so changed that said Board and County Rchool Commissioner will be elected by the people, and their term of office to be two years instead of four years.
Referred to Committee on Public Schools.

By Mr. Monro-
A bill to amend section 3149(a) of the Code of Georgia, as amended by the act of November 12, 1889, which provides for the appointment of receivers for insolvent corporations and traders, by striking out the words, "or any trader. or firm of traders," in the first and second lines thereof, and, also, in the eighth and twelfth lines of said section.
Referred to General Judiciary Committee.

WEDNESDAY, NOVEMBER 7, 1894.

123

By Mr. StarrA 1bill to amend section 2626 of the Code of 1882, author-
izing the levy and sale of bank or other corporation stock, so as to require the president, superintendent, manager, or other officer having access to the books of said bank, corporation, or joint stock company, to disclose, on demand of the levying officer, the number of shares and par value thereof owned by the defendant in execution.
Referred to General Judiciary Committee.

Mr. McGregor introduced the following joint resolution, which was read and laid over, under the rules, one day.
Resolved by the Senate, the House of Represerdatives concurring, That ajoint committee of five, consisting of two from the Senate and three from the House, be appointed to prepare and submit to the General Assembly an election law embodying therein, what is known as the "Australian ballot system," and providing that blind and illiterate voters may receive assistance in preparation of their ballot.
Mr. Harris, of the 'J:wenty-second District, offered the following resolution, which was read, and agreed to, to wit : .
Resolved, That the Secretary of the Senate be directed to have printed for the use of the Senate one hundred copies of the rules this day adopted, and that he have included therein a revised list of the Standing Committees of the Senate.
The following message was received from the House of Representatives through Mr. M. A. Hardin, the Clerk thereof:

Mr. Speaker:
The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit :

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JouRNAL OF THJ<.: SENATE.

A resolution convening the General Assembly in joint session to-day, November 7, at noon, in accordance with the act of Congress, for the purpose of announcing the result of the votes taken on yesterday for the election of United States Senators for the short and long terms.

The joint resolution set forth in the foregoing message was, on motion, taken up, concurred in, and ordered immes)iately transmitted to the House.

The Senate, on motion of Mr. Cumming, took a recess, subject to the call of the chair.

At a few minutes before 12 o'clock m., the President called the Senate to order, and at 12 o'clock meridian, he announced that the time had arrived for the two Houses to meet in joint session for the purpose of consolidating the votes for Senators cast iu the Senate and House of Representatives on yesterday.
The Senate, in a body, preceded by the President and Secretary, repaired to the Hall of .Representatives, where, being announced by the Doorkeeper, they were received by the House of Representatives standing.

The President took the chair and called the General Assembly to order. He then directed the Secretary to read the statute of the United States relating to the election of Senators of the Congress of the United States. , This statute is spread upon the Journal of yesterday.

The Secretary of the Senate and Clerk of the House of Representatives, by direction of the President, read, respectively, the Journals of the Senate and House of Representatives relating to the action taken by each House concerning the votes for a Senator for the unexpired term

THuRSDAY, NovEMBER 8, 1894.

125

caused by the death of Hon. Alfred H. Colquitt, and the full term commencing on the 4th of March, 1895.

The President announced that, it appearing from the

Journals of both Houses, that the Hon. Patrick Walsh, of the county of Richmond, had received a majority of the

votes of the members-elect to each House, was declared duly elected Senator to serve in the Congress of the United

States for the unexpired term ending March 4, 1895.

...

The President then declared that, it appearing from the Journals of the Senate and House of Representatives, that the Hon. .A. 0. Bacon had received a majority of the votes

of the members-elect to each House for Senator in the Con-

gress of the United States for the full term, commencing on the 4th of March, 1895, he was duly elected Senator

to serve in the Congress of the United States for the term

specified.

On motion of Mr. Harris of the Twenty-second District, the joint assembly was dissolved.

The Senate returned to the Senate Chamber, and, being called to order by the President, adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, November 8, 1894, 10 O'clock a. m.
The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by the Chaplain.

126

JOURNAL OF THE SENATE.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, 'Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, :Norman, Osborne,

Ryals, Roberts, Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Wilcox, Wade, Williams of 36th, Mr. President.

Those absent were Messrs.-

Keen, Upchurch,

Wilson,

Williams of 25th,

Mr. Bussey, from the Committee on Journals, reported the Journal correct. It was then read, and confirmed by the Senate.

On motion of Mr. McGregor, the resolution offered by himself yesterday, which is spread in full on the Journal of that day, and ordered to lie over until this day, was taken from the table.

Mr. McGregor moved that the same be adopted, and transmitted at once to the House.

Mr. Cumming moved to amend the motion of Mr. McGregor, by referring the resolution to the Joint Committee on Elections.

The motion of Mr. Cumming pending, Mr. McGregor proposed an amendment to the resolution.

THURSDAY, NovEMBER 8, 1894.

127

The President ruled any amendment to the resolution out of order while motion to commit the same was pending.

The motion of Mr. Cumming was submitted to the Senate.
Mr. McGregor asked that the ayes and nays be recorded thereon, but the Seaate refused to order the same.

The motion of Mr. Cumming prevailed.

Under a suspension of the rules, the following bills were introduced, read the first time, and referred as indicated, to wit:
By Mr. Boyd (by request)A bill to abolish barrooms, to prohibit the manufacture,
sale, and keeping for sale of intoxicating liquors for beverage purposes, and to provide for its manufacture and sale, and for other purposes.
Referred to Committee on Temperance.
By Mr. Harris of the Twenty-Second DistrictA bill to amend and regulate the practice concerning
motions for new trials and bills of exception, etc., etc. Referred to the General Judiciary Committee.
Also, a bill to decrease the tuition required of non-resident students of the State Technological School, and for other purposes.
Referred to Committee on Finance.

By Mr. Mercer-
A bill to change the time of the meeting of the General Assembly of Georgia, from the fourth Wednesday in October to the second Tuesday in July.
Referred to G~neral Judiciary Committee.

128

JOURNAL OF THE SENATE.

By Mr. Roberts-
A bill to repeal an act to give the Commissioners of Roads and Revenues, or the Ordinary, or County Judge, as the case may be, of each county, the power and authority to lay out, open, change, or discontinue the public roads, and to work and have worked the same; to provide for levying a tax for road purposes; tq prescribe who shall be subject to road duty; for the appointment of a Superintendent of Roads and other necessary officers; to provide how said roads shall be worked; to provide for the punishment of defaulters, and how and when this Act shall go into effect in any county, and for other purposes, approved October 21, 1891.
Referred to Committee on Public Roads.

Also, a bill to amend section 1103(ss) of the Code of 1882, which declares and describes the State flag.
Referred to Committee on Military.

By Mr. Starr-
A bill to authorize the several Judges of the Superior Courts of this State to hear and determine in vacation any matter which does not require the intervention of a jury, without any order in term time being passed in regard thereto.
Referred to General Judiciary Committee.

Mr. Sanford introduced the following joint resolution, which, on his motion, was taken up, read, and agre~d to, and ordered to be transmitted at once to the House of Representatives, to wit:
Re8olved by the Senate, the Honse concurring, That a committee of two from the Senate and five from the House be appointed to investigate the date of the expiration of the

THURSDAY, NOVEMBER 8, 1894.

129

present lease of the State convicts, and to report the result of their investigation to the Senate and House as early as practicable.

The President appointed as the Senate committee under this resolution, Messrs. Sanford, chairman, and Monro.

Leave of absence was granted Mr. Keen until Monday next.

Mr. Harris of the Twenty-second District, chairman of

the General Judiciary Committee, submitted the f.:.llowing

report:

,

Mr. President:

The General Judiciary Committee have had under consideration a bill by Senator Cumming of the Eighteenth District, to be entitled an act to require corporations in this State to permit administrators and executors to draw dividends, etc., and they direct me to report the same back to the Senate, with the recommendation that the introducer be allowed to withdraw the same.

Also, a bill, by Senator Cumming of the Eighteenth District, to be entitled an act to amend section 2573 of the Code, etc., and they direct me to report the same back to the Senate, with the recommendation that the introducer be allowed to withdraw the same.

Also, a bill, by Senator Cumming of the Eighteenth District, 1to be entitled an act to provide for the descent of property where persons are lost in the same catastrophe, or under circumstances where it is impossible to determine which died first, and they direct me to report the bill back to the Senate, with the recommendation that it do pass as amended.
98

130

JOURNAL OF THE SENATE.

Also, a bill, by Senator Cumming of the Eighteenth District, to be entitled an act to provide f._,r the probate of foreign wills; and the issue of letters testamentary thereon, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.
Respectfully submitted. N. E. HARRIS, Chairman.

Mr. Cumming, on his motion, was permitted to withdraw the two bills introduced by him, in accordance with the recommendation of the foregoing report.
. The following bills were read the second time and passed to a third reading, to wit :

A bill to provide for the probate of foreign wills, and the issue of letters testamentary thereon, and for other purposes.
Also, a bill to provide for descent of property where persons are lost in the same catastrophe, or under circumstances where it is impossible to determine which died first.
Mr. Roberts asked, at the request of the Committee on the Lunatic Asylum, that Messrs. Long and B_rown be added to said committee, and that leave of absence for the committee be granted until Monday next, for the purpose of visiting the Lunatic Asylum.
Both requests were granted.

On motion of Mr. Brand, it was ordered that when the Senate adjourns this day, it shall adjourn until Monday next, at 10 o'clock a.m.
On motion of Mr. Sanford, Mr. Mercer was added to the Committee on the Penitentiary, and leavE} of absence from this day, until Monday next, was granted the members of that committee.

MoNDAY, NOVEMBER 12, 1894.

131

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 12, 1894, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Craigo, Barris of Third, Harris of Twelfth, Harris of 22d,

Johnson, Keen, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity,

Thotoe absent were Messrs.-

Cumming, Harrison, Lewis, McClure,

Norman, Osborne, Ryals, Story,

Roberts, Sheppard, Sanford, Snead, Sharpe, Starr, Upchurch. Wade, Williams of 25th, Williams of 36th, Mr. President.
Tatum, Wilson, Wilcox.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

On motion of Mr. McGregor, so much of the Journal of Thursday last as relates to the reference of a joint resolution offered by him on Wednesday, was reconsidered. He was then, on his motion, permitted to withdraw said resolution.

132

JOURNAL OF THE SENATE.

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

Mr. President:
Your Committee on Enrollment certify that we have examined the followingjournalizing, enrolling, and engrossing clerks, for the Senate~ and that they are competent and well qualified to discharge the duties required of them, to wit: J. Troup Taylor, Joe J. Reynolds, Albert G. Foster, C. A. Gradot, J. E. Martin, J. Cooper Nesbit.
Respectfully submitted. EDWIN R. SHARPE, Chairman. WALTER C. BEEKS, Committee.

On motion of Mr. Bush, two sub-committees from the Committee on Penitentiary, were allowed further time to complete their examination of convict camps.

The several Enrolling and Engrossing Clerks mentioned in the foregoing report took the oath of office administered by the President of the Senate.
On the call of the roll for the introduction of new matter, the following resolution was offered by Mr. Beeks, and on his motion, taken up, read, and adopted, to wit :
Resolved, That a joint committee consisting of two from the Senate and three from the House, be appointed, who shall confer with the State Board of Education, and report to this General Assembly some method by which the public schools of this State may be ~un for the six months, commencing January 1, 1895, to the 1st of July, 1895, and for the payment of the teachers thereof.

On motion of Mr. Beeks, it was unanimously ordered that this resolution be immediately transmitted to the House.

MoNDAY, NovEMBER 12, 1894.

133

The President appointed as the committee on the P~trt of the. Senate thereunder, Messrs. Beeks and Monro.

Leave of absence was granted Ron. Bion Williams, for Monday next, on important business.

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

By Mr. BroughtonA bill to regulate benevolent institutions in this State, etc. Referred to Committee on Corporations.

By Mr. Brown-
A bill to amend the public road laws of this State, so as to provide for third-class roads, to define width of road-bed of each class, and for other purposes.
Referred to Committee on Public Roads.

By Mr. Harris of the Twenty-Second District-
A bill to amend an act approved October 16, 1889, entitled an act to provide a system of taxation of railroad property, etc.
Referred to General Judiciary Committee.
By Mr. Starr-
A bill to change the time of holding the Superior Courts of the counties of Bartow, Catoosa, Murray, Gordon, Dade, and Whitfield, composing the Cherokee Judicial Circuit, to provide for two weeks terms in Catoosa in February, and two weeks term in Murray in August, when necessary, and for other purposes.
Referred to General Judiciary Committee.

134

JouRNAL OF THE SENATE.

By Mr. Sharpe-
A bill to repeal an act of the Legislature of Georgia, approved March 2, 1874, incorporating the town of Whitesburg, in the county of Carroll, and all acts amendatory thereof, and to reincorporate the same with a new charter,. and for other purposes.
Referred to Committee on Corporations.

Also, a bill to repeal an act to create a Board of Commissioners of Roads and Revenues for the county of Carroll; to define their powers and duties, and for other purposes pertaining thereto.
Referred to Committee on Corporations.

Mr. Lewis offered the following joint resolution, which was read and agreed to, and, on his motion, ordered to be immediately transmitted to the House, to wit:
Resolved by the Senate, the House concu1ring, Tthat a joint committee of two from the Senate and- three from the House be appointed to investigate the physical and financial condition of the Northeastern Railroad and all matters connected therewith, and report same, by bill or otherwise, to the General Assembly, together with such legislation as may be deemed necessary to protect the interest of the State therein.
The President appointed as the committee, on the part of the Senate, Messrs. Lewis and Harris of the Twenty-second District.

Mr. Harris, chairman of the Committee on General J udiciary, submitted the following report:
Mr. President: The General Judiciary Committee have had under con-

MoNDAY, NovEMBER 12, 1894.

135

sideration the following bills, which they direct me to report back to the Senate with the recommendation that they do pass as amended, to wit :
A bill, by Senator Cumming of the Eighteenth Disfrict to be entitled an act to provide a uniform method of exercising the right of condemning, taking, or damaging private property.
Also, a bill, by Senator Roberts of the Twentieth District, to be entitled an act to amend section 4587 of the Code of 1882, and for other purposes.
Also, a bill, by Senator Osborne of the First District, to be entitled an act to provide for the incorporation of street and suburban railroads.
They have also had under consideration a bill by Senator Brand of the Thirty-fourth District, to be entitled an act to change the time of holding elections for county officers, and for other purposes, and they direct me to report this bill hack to the Senate, with the recommendation that it be referred to the Special Joint Committee on Consolidating Time of Elections.
Respectfully submitted. N. E. HARRIS, Chairman.

Under a suspension of the rules, the following bills were introduced, read the first time, and referred to the General Judiciary Committee, to wit:

By Mr. Beeks-
. A bill to amend section 2039(b) of the Code of 1882, in relation to the right of the debtor and his wife, if he has any, to select and set apart $300.00 worth of household and kitchen furniture and provisions; to provide the manner of selecting and setting apart the same and supplementing the same, and for other purposes.

136

JOURNAL OF THE SENATE.

By Mr. Harris of the Twenty-second Districfi.:..-
A bill to amend an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State.

The bill of the Senate to change the time of holding the elections for county officers in this State, etc., was, on motion of Mr. Harris of the Twenty-second District, and in conformity. with the recommendation of the Judiciary Committee, recommended to the Special Joint Committee on Elections.
On motion of Mr. Boyd, it was ordered that two hundred copies be printed of the bill to provide a reformed method of exercising the right of condemning, taking, or damaging private property.

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

A bill to amend section 4587 of the Code of 1882, by striking out the following after the word " punished," in the eleventh line of said section, to wit: "by fine or imprisonment in the common jail of the county, or both, at the discretion of the court," and inserting in lieu thereof, the following, to wit: "as prescribed in section 4310 of this Code."
And a bill to provide for the incorporation of street and suburban railroads.
The Senate took a recess subject to the call of the chair.
After a brief recess the President called the Senate to order, when, on motion, the body adjourned until10 o'clock a. m. to-morrow.

TuESDAY, NovEMBER 13, 1894.

137

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, November 13, 1894, 10 O'clock A. M.

The Senate met pursuant to adjo.urnment, the President presiding.

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Browri, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d,

Johnson, Keen, Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity,

Roberts, Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wade, Williams of 25th, Mr. President.

Those absent were Messrs.-

Harrison, McClure, Norman,

Osborne, Ryals, Story,

Wilson,
wncox,
Williams of 36th.

Mr. Monro, from the Committee on Journals, reported the same correct. It was then read and confirmed by the Senate.

Mr. Starr, under a suspension of the rules, introduced the following joint resolution, which was read, adopted, and ordered to be immediately transmitted to the House, to wit:

Resolved by the &nate, the House of Representatives concurring, That a committee composed of three from the Senate and five from the House, be appointed to draft and report to the General Assembly a bill regulating the man-


138

JouRNAL OF THE SENATE.

ner of holding elections in the State of Georgia, having in view the purity and efficiency of the ballot and freedom of the voter.
The President appointed as the committee under the foregoing resolution, Messrs. Starr, McGregor, and Harris of the Twenty-second District.

Mr. Harris, chairman of the Committee on General J udiciary, submitted the following report:

Mr. President:
The General Judiciary Committee have had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass, to wit :

A bill, by Senator Broughton of the Twenty-eighth District, to be entitled an act to establish a system of public schools in the city of Madison, Morgan county, and to provide for their support, maintenance, government, etc.
Also, a bill, by Senator Roberts of the Twentieth District, to be entitled an act to make it penal for any person, or persons, to aid or assist, or to attempt to aid or assist, any patient to escape from the Lunatic Asylum who has lawfully been committed thereto, and to prescribe the punishment therefor, aud for other purposes.
They have also had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass as amended, to wit:
A bill, by Senator Roberts of the Twentieth District, to be entitled an act to protect innocent women against per-


TuESDAY, NovEMBER 13, 1894.

139

sons who may attempt in a wanton and malicious manner to injure or destroy their good name, character, or reputation, and to prescribe the punishment therefor.

Also, a bill, by Senator Starr of the Forty-third District, to be entitled an act to amend section 2626 of the Code of 1882, and for other purposes.

They have also had under consideration a bill, by Senator

Boyd of the Thirty-second District, to be entitled an act

to authorize the Judge of the Superior Court of each judi-

cial circuit in the State to fix the time of holding the courts

in each county thereof, and they direct me to report the

same back to the Senate, with the recommendation that the

introducer be allowed to withdraw it.

Respectfully submitted.

N. E. HARRrs, Chairman.

Mr. Boyd, on his motion, was permitted to withdraw the bill introduced by himself, and set forth in the foregoing report.
Under a suspension of the rules, Mr. Lewis introduced the following bill, which was read, and referred to Committee on Banks, to wit:
A bill to amend an act to regulate banks, and for other purposes, approved October 10, 1891, so as to require the bank or corporation to make statements when called for by the State Bank Examiner; also, to prescribe a penalty for failing to do so, and collection of same, and for other purposes.
Mr. Mercer introduced under a further suspension of the rules, a bill touching the mode of disposing of small cases by the Supreme Court.

140

JouRNAL OF THE SENATE.

This bill was referred to Special Committee for the relief of the Supreme Court.

On motion of Mr. Broughton, the rules were suspended for the purpose of reading bills the third time.

The Senate took up the report of the General ,Judiciary Committee on the bill to establish a system of public schools in the city of Madison, Morgan county, Georgia, etc.
The report was agreed to.
Proof of legal notice was submitted to the Senate.
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 ofthe Senat~, to provide for descent of property where persons are lost in the same catastrophe, or under circumstances where it is impossible to determine which died first.

The committee reported in favor of its passage, with amendments which were adopted.
The report was agreed to. The bill was read the third time and passed, as amended; ayes 27, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to provide for the probate of foreign wills and the issue of letters testamentary thereon, and for other purposes.
The report, which was favorable, was agreed to.
The bill was read the third time and passed; ayes 26, nays 0.

TuESDAY, NovEMBER 13, 1894.

141

The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to amend section 4587 of the Code of 1882, by striking 'out the following after the word "punished," in the eleventh line of said section, to wit: "by fine or imprisonment in the common jail of the county, or both, at the discretion of the court," and inserting in lieu thereof the .following, to wit: "as prescribed in section 4310 of this Code."
The committee reported in favor of its passage as amended.
The amendments were adopted.
The report, as amended, was agreed to.
The bill was read the third time and passed as amended; ayes 27, nays 0.
The Senate took up the report .of the General Judiciary Committee on the bill of the Senate to provide for the incorporation of street and suburban railroads.
The committee reported in favor of the passage of the bill with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time, and, pending further action thereon, was, on motion of Mr. Brand, laid on the table for the present.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. Speaker :
The House has concurred in the resolution of the Senate appointing a joint committee to investigate the date of expiration of the present lease of the State convicts, and to report the result of their investigation.
The committee on part of the House are, Messrs. Middlebrook, Reagan, and Hall.

142

JouRNAL OF 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 the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

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

Mr. President:
The General Judiciary Committee have had under consideration a bill by Mr. Harris of the Twenty-second District, entitled a bill to be entitled an act to amend an act entitled an act to carry into effect article 3, section 7, paragraph 18 of the Constitutin of this State, iu so far as the same relates to the incorporation of railroads, etc., and they direct me to report the same to the Senate, with the recommendation that the said bill be read the second time and rec.lmmitted to the General Judiciary Committee.
Respectfully submitted. N. E. HARRIS, Chairman.

The bill set forth in the foregoing report was, on motion of Mr. Harris of the Twenty-second District, read the second time and recommitted to the General Judiciary Committee.
On motion of Mr. Broughton, the Senate went into executive session, and having spent some time therein, returned to open session.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report :

TuESDAY, NovEMBER 13, 1894.

143

Mr. President :
We have had under consideration the bill introduced by Senator Sharpe of the Thirty-seventh District, entitled a bill to repeal an act to create a Board of Commissioners of Roads and Revenues for the county of Carroll; to define their powers, and for other purposes pertaining thereto, being bill No. 44. The committee returns the same to the Senate, with recommendation that it be referred to the Special Judiciary.
C. N. BRAND, Chairman.

The bill set forth in the foregoing report was, on motion, recommitted to Special Judiciary Committee.

The following bills were, by unanimous consent, read the second time, and passed to a third reading, to wit:
A bill to provide a uniform method of exercising the right of condemning, taking, or damaging private property.
A bill to amend section 2626 of the Code of 1882, authorizing the levy and sale of bank or other corporation stock, etc., and for other purposes.
A bill to protect innocent women against persons who may attempt in a wanton and malicious manner to injure or destroy their good name, charact{lr, or reputation, and to prescribe the punishment therefor.
Also, a bill to make it penal for any person or persons to aid or assist any patient to escape from the Lunatic Asylum who has been lawfully committed thereto, to prescribe the - punishment therefor, and for other purposes.
Under a suspension of the rules, Mr. Starr introduced the following bill, which was read the first time, and referred to the General Judiciary Committee, to wit :

144

JouRNAL oF THE SENATE.

A bill to amend an act to amend section 5719 of the Code of I ~82, which provides when application for a new trial shall be made, approved November J2, 1889, and to fix the time within which the application for a new trial shall be made, and a brief of evidence filed, and to authorize the judge to act upon such application in vacation as well as in term time, and for other purposes.

By Mr. Venable, the President, under further suspension of the rules, a bill to provide for notice to the garnishee of the filing of a traverse of the answer of such garnishees, when the garnishment is pending in any of the Justices Courts of this State, and to prescribe the time for and regulate the trial of such traverses, and for other purpoies.
Referred to the Special Judiciary Committee.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, November 14, 1894, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor,

Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum,

WEDNESDAY, NovEMBER 14, 1894.

145

Cumming, Craigo, Harris of Third, Harris of 22d, Johnson, Kt-en,

Monro, Morton, McGarity, McClure, Norman, Roberts,

Upchurch, Wilcox, Wade, Williams of 25th, Mr. President.

Those absent were Messrs.-

Harris of Twelfth, Osborne,

Harrison,

Ryals,

'Vilson, Williams of 36th.

Mr. Roberts; from the Committee on Journals, reported the same correct. It was then read and confirmed by the Senate.

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

M1. PreBident:

Your committee have had under consideration the following Senate bill by Senator Roberts of the Twentieth District, 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 provide for a local Board

of Trustees for the Military and Agricultural College and

the manner of filling vacancies, and subjecting the acts of

said board to the approval or disapproval of the Board of

Trustees of the University of Georgia, approved October

17, 1879, and for other purposes.

Respectfully submitted.

W. C. BEEKS, Chairman.

Mr. Harris, chairman oi Special Judiciary Committee, submitted the following report:

M1. PreBident:

Your committee have had under consideration the fol-

lowing Senate bill, which they instruct me to report back,

1&

.

146

JouRNAL OF THE SENATE.

with the recommendation that same do pass, to wit: a bill,

by Mr. Sharpe of Thirty-seventh District, to repeal an act

to create a Board of Commissioners of Roads and Revenues

for the county of Carroll, to define their powers and duties,

and for other purposes pertaining thereto.

Respectfully submitted.

S. R. HARRIS, Chairman.

The following message was received from the House through Mr. M. A. Harden, the Clerk thereof:

Mr. Pre8ident :
The House has passed, by the requisite constitutional majority, the following bills of the House, to wit:
A bill to he entitled an act to amend section 1624 of the Code of Georgia, so as to regulate the time when fish may he taken in the waters of this State, and for other purposes.
Also, a bill to be entitled an act to amend seution 1864, of the Code of Georgia, providing for the Judges of the Superior Court to confine insane persons in the asylum or jail in the absence of the Ordinary from the county.
Also, a bill to be entitled an act to change the time of holding the spring term of Dooly Superior Court, and for other purposes.
Also, a bill to be entitled an act to repeal an act approved September 4, 1882, entitled an act to provide for the appointment of a county Judge for the county of Mitchell, and for other purposes.
Also, a hiU to be entitled an act to amend section 4041, of the revised Code of 1882.
Also, a bill to be entitled an act to fix the time for holding the elections for city officers by the Mayor and Council of the city of Savannah, and for other purposes.

WEDNESDAY, NOVEMBER 14, 1894.

147

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

By Mr. Harris of the Third DistrictA bill to exempt from taxation note~> given by vendee, etc. Referred to General Judiciary Committee.

Also, a bill to exempt from taxation notes received by vendors of real aud personal property from the purchaser wherein title to such property liable for its taxes each year, and to avoid giving in such property more than once m each year1 and for other purposes.
Referred to General Judiciary Committee.

By Mr. Mercer-
A bill to amend an act to revise the office of State Geologist, and to provide for a geological, mineralogical, and physical survey of the State of Georgia, and for other purposes, approved November 12, 1889.
Referred to Committee on Internal Improvement.

By Mr. StarrA bill to declare how any corporation, mining, or joint
stock company may answer summ,ms of garnishment in ()ert.ain cases.
Referred to General Judiciary Committee.

By Mr. Venable, the President-
A bill to repeal section 1496 of the Code of Georgia of 1882, as amended by the act of the General Assembly of the State of G_!lorgia, approved December 12, 1892, which Code, section, and amendatory act provide how stocks in banks and other corporations may be transferred, and what

148

JOURNAL OF THE SENATE.

notice of the transfer of the stock shall be required to release the stockholder of individual liability, and provide the terms on which the stockholder's liability shall continue.
Referred to Committee on Banks.

Also, a bill to authorize insurance brokers to place insurance on property of citizens of this State in fire insurance , companies not licensed or authorized to do business in this State, to prescribe penalties for violation of same, and for other purposes.
Referred to General Judiciary Committee.

The following message was received from the House, by Mr. M. A. Hardin, the Clerk thereof:

Mr. P1esident:
The House has adopted the following joint resolution, in whieh the concurrence of the Senate is asked, to wit:

A resolution inviting the Chancellor of the State U niversity to addtess the General Assembly, on Friday evening, November 16, at 8 p. m.

The resolution of the House set forth in the foregoing message, was taken up, read, and amended, on motion, by striking out 8 p. m., and substituting therefor 12 meridian, and that the Chancellor be then allowed one hour and a half for his address.

The resolution, as amended, was concurred in, and ordered immediately transmitted to the House.

Mr. Harris, of the Twenty-Second District, in behalf of the President and ex officio chairman, submitted the following report from the Committee on Rules:

WEDNESDAY, NovEMBER 14, 1894.

149

Mr. President:
The Committee on Rules recommend that Rule 125 be amended by adding after the 14th head, on the order of business, the words "and reading House bills one time for refereuce "; and also that a head, to be known as" 16," following the 15th head under the order of business, shall be added, to be as follows, "reading bills favorably reported by the committees third time on Tuesdays and Thursdays of each weelr'; and also changing the num hers of all the heads, so as to conform to this amendment.
The said committee also recommend that the rules governing the Senate in executive sessions he amended by adding the following thereto :
Rule 6. A majority of a quorum shall be necessary to confirm the nomination to any office made by the Govemor, and sent to the Senate for approval. When nominations are made by the Governor, for any office which requires the asr,ent and approval of the Senate in executive session, after the Secretary shall read the name of the party nominated and the positif)n to which he is appointed, the President shall put to the Senate the following : "Shall the nomination of the Governor be confirmed by the Senate? Those who favor the confirmation will, as your names are called, vote aye; those opposed vote no." After the roll is called, the President will announce the result of the ballot and declare the result as follows : " It appears from the vote that a majority of the Senators have voted to .confirm the appointment made by the Governor, and the same is hereby confirmed by the Senate," or "A majority of the Senators have voted against the confirmation of the nomination made by tne Governor, it is therefore rejected by the Senate."
Rule 7. No Senator will be at liberty at any time, or under any circumstances, to P-xpose or publish anything transpiring in executive session, except only such matters



150

JOURNAL OF THE SENATE.

as are required to be disclosed under the rules. It is the intent and meaning of this rule that the business transacted in executive session shall be sacred and free from exp.osure to the outside world, and that every Senator shall be on his honor concerning the same.
Your committee also submit herewith a diagram of the Senate rules, prepared by the President, for the used of the Senators.
Respectfully submitted. N. E. HARRis, for the Chairman.
Mr. Beeks offered the following resolution, which was taken up, read, and agreed to, to wit:
Resolved, That the Committee on Rules be directed to supervise the printing of that portion of the Manual relating to the government of the Senate, and to have included therein a correct copy of the Senate rules, and, also, the diagram of the same prepared by the President for the use of the Senate.
On motion of Mr. Roberts, the rules were suspended for the purpose of reading bills the third time.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate, to protect innocent women against persons who may attempt, in a wanton and malicious manner, to injure or destroy their good name, character, or reputation, and to prescribe the punishment therefor.
The committee reported in favor of the bill, with the following amendments, to wit:
Amend the same in the fourth line by striking out " women " and inserting in lieu thereof the word " female."
The committee also proposed to amend the caption of the bill by adding thereto, the words "and for other purposes."

WEDNESDAY, NovRMBER 14, 1894.

151

On motion of Mr. Roberts, the report of the committee was amended, as follows, to wit:

Amend caption of bill by striking out the word" women," in the eighth line, and inserting in lieu thereof the word " female," so that the caption will conform to the body of the bill.
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended; ayes 36, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 2626 of the Code of 1882, authorizing the 1evy and sale of bank or other corporation stock, so as to require the President, Superintendent, Manager, or other officer having access to the books of said bank, corporation or joint stock company, to disclose, on demand of the levying officer, the number of shares and par value thereof owned by the defendant in execution.

The committee reported in favor of passage ofthe bill, with an amendment to the caption, which was adopted.
The report was agreed to.
The bill was read the third time and passed, as amended; ayes 27, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to make it penal for any person or persons to aid or assist, or attempt to aid or assist, any patient to escape from the Lunatic Asylum, who has been lawfully committed thereto, to prescribe the punishment therefor, and for other purpoi'es.
The report being favorable, was agreed to.

152

JouRNAL o~ THE SENATJo:.

The bill was read the third time, and passed ; ayes 30, nays 0.
The Senate took up the report of the Qeneral Judiciary Committee on the bill of the Senate, to provide a uniform method of exercising the right of condemning, taking, or damaging any private property.
The committee reported in favor of the passage of the bill, with certain amendments.
Mr. Snead moved to amend the report of the committee, by striking out sections 23 and 24 of the bill.
This amendment was not adopted.
On motion of Mr. Brand, the report of the committee was amended, by adding after the proviso in section 19, the following:
Provided further, That nothing in this section or act, shall be so construed as to deprive the owner of the actual value of his property so taken or used.
On motion of Mr. Cumming, the report of the committee was further amended by sttiking out from section 14 the words "a disinterested Ordinary of an adjoining," in the tenth and eleventh lines, and inserting in lieu thereof, the words "the clerk of the Superior Court of the.''
The report, as amended, was agreed to.
The bill was read the third time, and passed as amended; ayes 27, nays 5.
The following bills of the House were read the first time, and referred as indicated, to wit:
A bill to amend section 1624 of the Code of Georgia, so as to regulate the time when fish may be taken in the waters of the State, and for other purposes.
Referred to General Judiciary Committee.

wEnNJo:snAY, NovEMBER 14, 1894.

153

Also, a bill to amend section 1964 of the Code of Georgia, so as to allow the Judges of the Superior Court of this State to confine in the Lunatic Asylum or county jail insane persons, and persons non compos mentis, whenever the Ordinary of the county is absent from the county, and for other purposes.
Referred to General Judiciary Committee.

Also, a bill to amend section 4041 of the Revised Code of 1882.
Referred to General Judiciary Committee.

Also, a bill to fix the time for holding the election for city officers by the Mayor and Council of the city of Savannah, and for other purposes.
Referred to General Judiciary Committee.
Also, a bill to change the time of holding the Spring Term of Dooly Superior Court, and for other purposes.
Referred to Special Judiciary Committee.
Also, a bill to repeal an act approved September4, 1882, to provide for the appointment ofa County Judge of Mitchell county, and make applicable to said county the law contained in chapter 4, title 5, part 1 of the Code of 1882, and for other purposes, and to provide for the disposition of the records and business of the County Court of Mitchell county, and for other purposes.
Referred to Special Judiciary Committee.
Mr. Lewis, under a suspension of the rules, offered a resolution authorizing the Governor to instruct the engravers of bonds of the State of Georgia, issued under act of

154

JouRNAL OF THE SENATE.

1889, to correct the errors in bonds 1139 and 1824, as pointed out by the State Treasurer in his annual report.

The same was read and adopted.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, November 15, 1894, 10 O'clock A. M. The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third. Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Ll:'wis, Long, Little, Lumpkin, :McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Osborne,
Ryal~,

Roberts, Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wade, Williams of 25th, Williams of 36th, Mr. President.

Those absent were Messrs.-

Keen,

Wilson,

Wilcox.

Mr. Beeks, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

THURSDAY, NovEMBER 15, 1894.

155

Mr. Boyd moved to reconsiders() much of the Journal of yesterday as relates to the passage of the bill of the Senate to provide a uniform method of exercising the right of condemning, taking, or damaging any private property.

After debate, Mr. Tatum called for the previous question; the call was sustained, and the main question, was ordered,
to wit : Shall the motion to reconsider prevail ?

On this question, Mr. Tatum demanded the ayes and nays, and the same were ordered by the Senate, and re.corded, as follows :

Those who voted in the affirmative are Messrs.-

Broughton, Bussey, Boyd, Brand, Brown, Craigo, Harris of Third, Harris of Twelfth, Harrison, Johnson,

Lewis, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarity, McClure, Norman,

Osborne, Ryals, Sanford, Sharpe, Tatum, Upchurch, Wilcox, Wade, Williams of 25th, Williams of 36th.

Those who voted in the negative are Messrs.-

Beek!!, Bush, Cumming,

Harris of 22d, Roberts,

Sheppard, Story.

Those not voting were Messrs.-

Keen, Long, Morton,

Snead, Starr,

Wilson, Mr. President.

Ayes 30. Nays 7. Not voting 7.

So the motion to reconsider prevailed.

On motion of Mr. Cumming, the reconsidered bill was recommitted to the General Judiciary Committee.

156

JOURNAL OF THE SENATE.

Mr. Sharpe, chairman pro tem. of the Committee on Banks, submitted the following report:
Mr. President:
The Committee on Banks have bad under consideration the following bill, which I am instructed to report to the Senate, with a recommendation that it do pass, viz.: a bill to be entitled an act to amend an act which was entitled an act regulate banh, and for other purposes, approved October 10, 1891, so as to require the bank or corporation to make statements, when called for by the 8tate Bank Examiner; also to prescribe penalty for failing to do so, and collection of same, and for other purposes.

The committee also recommend that the author of the following bill be allowed to withdraw the same, to wit: a bill to be entitled act to amend an act incorporating the Coweta Bank, approved October 24, 1887, so as to change the name from Coweta Bank to "People's Bank," to fix the number of directors, and to provide a name for the agencies or branches, as may be established as therein provided, and for other purpo8es.
EDWIN R. SHARPE, Chairman pro lem.

The following message was received from the House, through Mr. M. A. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bill by the requisite constitutional majority, to wit: a bill to be entitled an act 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 of corporate powers and privileges to navigation companies, and for other purposes.

THURSDAY, NovEMBER 15, 1894.

157

The House has concurred in the Senate amendment to a resolution of the House, inviting the Chancellor of the State University to address the General Assembly on Friday evening, November 16, at 8 p. m.

Mr. Harril-', of the Twenty-second District, chairman on the part of the Senate of the Joint Committee appointed to report the joint rules for the government of the Senate and House, in joint session, submitted the following report:

Mr. President:
The Joint Committee to whom waR referred the duty of preparing rules for the government of the House and Senate when in joint session, beg leave to submit the following rules, which they recommend to their respective bodies for adoption.
N. E. HARRIS, Chairman on part of Senate.
L. L. MIDDLEBROOK, Chairman on part of House.

RULES
FOR THE GOVERNMENT OF THE GENERAL ASSEMBLY
WHEN ASSEMBLED IN JOINT SESSION.
1. The time of the meeting of the two Houses in joint session shall be determined by the concurrent resolution of the Senate and House of Representatives, except where provided by law.
2. The election shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. " 7hen the Senate and House of Representatives unite for the purposes of elections, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the result..

158

JOURNAL OF THE SENATE.

3. The votes are to be taken for but one election at the same time, and a majority of the whole number of votes cast is necessary to a choice.
4. The Senate and House of Representatives shall meet in joint session in the Hall of the House of Representatives on the first Monday of every session, at 10 o'clock A. M., or at such time as may be fixed by joint resolution of both Houses, for the purpose of electing such officers of said State as are now or may hereafter be required to be elected by the General Assembly. Said joint session shall continue in morning and afternoon sessions from day to day until all of said officers are elected.
5. The first business in order for said joint session shall be the election of Judges of the Supreme Court, and, after that, Judges and Solicitors of the various circuits. Before the election of Judges and Solicitors shall be commenced, the Speaker of the House of Representatives shall prepare slips of paper of the same size, on which he shall write the names of the various circuits for which elections are to be held, and place the same in a box, and hand the same to the President of the Senate, who shall, without inspecting the said slips of paper, draw them out, one at a time, and when each slip is drawn said President of the Senate shall announce to the joint session the name of the circuit drawn, and the election for Judges and Solicitors of said circuit shall be in order, if either or both said offices are vacant. The President of the Senate shall continue to draw out the names of circuits from said box until all of said Judges and Solicitors are elected. (Acts-Code, page 49.)
6. At the hour determined by the concurrent resolution, the Senate shall repair to the Hall of the House of Representatives.
7. The President of the Senate shall preside, and announce that the General Assembly is in joint session, and

THURSDAY, NovEMBER 15, 1894.

159

cause to be read the resolution convening the same. He shall put all questions to the body and decide all questions of order. An appeal may be taken from any of his decisions to the whole General Assembly.
8. The Speaker of the House shall ~:Sit on the left of the President of the Senate.
9. In announcing a candidate, the mover shall not make any commendat{)ry or other remarks.
10. After a person is nominated for any office, in joint session of the General Assembly, it shall not be in order to second such nomination, and when the nomination is declared closed, the President shall forthwith order the rollcall, and each member, when called, shall rise in his seat and respond promptly, announcing distinctly his choice for such office.
11. In the elections by the General Assembly no member, after having voted, shall be allowed to change his vote unless he will rise and state in his place that he voted by mistake, or that his vote has been recorded by mistake.
12. No debate shall be in order except as to questions of order.
13. No motion to adjourn shall be in order. In lieu thereof, there shall be the motion to dissolve the joint session, which shall be in the form, "That the joint session of the General Assembly be now dissolved," or "that the joint session of the General Assembly be now dissolved to be reconvened at a time named." The latter motion shall have precedence of the former.
14. The motion to dissolve the joint ses,;ion, either indefinitely or until a fixed time, shall always be in order, except that after the call of the roll has commenced it shall not be in order until after the result of said vote shall have been declared by the President of the Senate.

160

JOURNAL OF THE SENATE.

15. When a motion to dissolve the joint session shall be decided in the negative, the same shall not again be in order until other business shall have intervened.
16. When a motion to dissolve the joint session, either indefinitely or to a fixed tirr1e, shall be decided in the affirmative, the President of the Senate shall so declare, and the Senate shall without further motion immediately repair to the Senate Chamber.
17. The majority of each house shall be necessary to constitute a quorum of the joint session.
18. These rules may be amended by the concurrent resolution of the two houses, and they, or either of them, shall cease to be in force when either house shall notify the other house of the withdrawal of its consent to the same.
The following report was adopted, and ordered to be immediately transmitted to the House.

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

Mr. President:
The General Judiciary Committee have had under consideration a bill, by Senator Harris of the Twenty-second District, to be entitled an act to amend an act entitled an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, in so far, etc., and they direct me to report this bill back to the Senate, with the recommendation that it do pass, as amended.
They have also had under consideration a bill, by Senator Harris of the Third District, to be entitled an act to provide for the granting of a total divorce between husband and wife, in case where either party has become hopelessly insane, and have continuously remained insane for a period of five years; the method of procedure shall be as now

THURSDAY, NOVEMBER 15, 1894.

161

provided by law, and they direct me to report the same back to the Senate, with the recommendation that the introducer be allowed to withdraw it.
Respectfully submitted. N. E. HARRIS, Chairman.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations have had under consideration a bill, by Senator Sharpe of the Thirty-seventh District, to be entitled an act to repeal an act of the Legislature of Georgia, approved March 2, 1874, incorporating the town of Whitesburg, in the county of Carroll, and all acts amendatory thereof, and to incorporate the same with
I
a new charter, and for other purposes, and they direct me to report the same back to the Sen~te, with the recommendation that it do pass.
Respectfully submitted. C. H. BRAND, Chairman.
Mr. Little, chairman of the Committee on Privileges and
. Elections, submitted the following report :
Jfr. President :
The Committee on Privileges and Elections have had under consideration the contested election from the Tthirtythird Senatorial District, wherein Hon. L. G. Hardman, contE-sts the seat of Hon. T. S. Johnson, the sitting member, and at the request of the contestant, the committee direct me to report the same to the Senat-e, with a recommendation that the contestant have leave to withdraw his said contest, and that the respective parties have leave to withdraw their papers in said case.
W. R. LITTLE, Chairman.
118

162

JOURNAL OF THE SENATE.

The foregoing report was, on motion, adopted.
Mr. Mercer, chairman p1o tem. of the Committee on Engrossing, submitted the following report:

Mr. Pre8'ident :
Your committee have examined, and find properly engrossed and ready to be transmitted to the House, the following bills, to wit:
A bill to provide for the probate of foreign wills, etc.
Also, a bill to provide for descent of property where persons are lost, etc.
Also, a bill to amend section 2626 of Code of 1882, authorizing the levy and sale of bank and other stock, etc.
Also, a bill to make it penal for any person or persons to aid or assist any patient to escape from the Lunatic Asylum.
Also, a bill to make it penal to defame the good name of innocent females, etc.
Also, a bill to amend section 45.87 of the Code of 1H82, etc.
Also, a bill to establish a system of Public Schools for the city of Madison, etc.
Respectfully submitted. J. E. MERCER, Chairman pro tern.

Mr. Harris, of the Third District, chairman of the Special Judiciary Committee, submitted the following report :
Mr. President: I am instructed by the Special Judiciary Committee, to
whom was referred a bill of the Senate to provide for notice to the garnishees for the tiling of a traverse of the an-

THURSDAY, NOVEMBER 15, 1894.

163

.swer of such garnishee, when the garnishment is pending in

any Justice Court of this State, etc., to report the same back

to the Senate, with the recommendation that it do pass as

amended.

Respectfully submitted.

S. R. HARRIS, Chairman.

Mr. Harris, of Third District, chairman of the Commit-

tee on Special Judiciary, submits the following report:

Mr. Pre8ident:
Your committee have had under consideration the fol1owing House bill, which they instruct me to report back, with the recommendation that same do pass, to wit :

House bill by Mr. Bush of Mitchell, which is a bill to

be entitled an act to repeal an act, approved September 4,

1882, entitled an act to provide for the appointment of a

County Judge for the county of Mitchell, and make appli-

cable to said county the ]aw contained in chapter 10, title

5, part 1 of the Code of 1882, and for other purposes therein

-contained, and to provide for the disposition of the record

and business of the County Court of Mitchell county, and

for other purposes.

Respectfully submitted.

S. R. HARRIS, Chairman.

Mr. Norman, chairman pro tern. of Internal Improvement Committee, submits the following report :

Mr. Pre8ident: Your Committee on Internal Improvements have had
under consideration Senate Bill No. 57, by Senator Mer-cer 9f the Ninth District, which they instruct me to report back, with the recommendation that it do pass, to wit : a biB to be entitled an act to amend an act reviving the office -<>f State Geologist, approved November 12, 1889.
Respectfully submitted. J. B. NoRMAN, JR., Chairman pro tern.

164

JouRNAL oF THJ!l SENATE.

Under suspension of thE> rules, the following bills were introduced, read the first time, and referred as indicated, to wit:

By Mr. BrandA bill to amend an act incorporating the Coweta Bank,
approved October 24, 18~7, and for other purposes.
Referred to Committee on Banks.

By Mr. Bush-
A bill to make it unlawful for any person or persons to fish with hook and line, net, trap, or seine, in any of the waters in the State on the Sabbath day, and for other purposes.
Referred to General ,Judiciary Committee.

By Mr. Sheppard-
A bill to amend paragraph 1, flection 12, article 6, and paragraph 2, section 3, article 6 of the Constitution of Georgia, so as to provide for the appointment of Judges of the Supreme Court, Judges of the Superior Courts, and the Solicitors-General, by the Governor, to be confirmed by the Senate.
Referred to General Judiciary Committee.
By Mr. Harris of the Twelfth District-
A bill to make it the duty of each County Surveyor to cause the corners of lots of land which they locate to be marked with iron or stone at the time of survey.
Referred to Committee on Agriculture.

By Mr. Monro-
A bill making it unlawful for municipal corporations to levy a tax or license upon any non-resident manufacturer,

THURSDAY, NovEMBER 15, 1894.

165

merchant, or trader, or their traveling salesmen, for selling goods, wares, merchandise, by sample, within their corporate limits, and for other purposes.
Referred to General Judiciary Committee.

By Mr. McGarity-
A bill to provide for pleading and proving a failure of consideration of any promissory note, or other instrument in writing given for commercial fertilizers, guanos, or manures, and to provide a penalty for failing to state the consideration in the face of any negotiable promissory note, or any other negotiable instrument given for the same.
Referred to Committee on Agriculture.

By Mr. MonroA bill to repeal Code section ~057(z), and for other
purposes.
Referred to General Judiciary Committee.

By Mr. BroughtonA bill to amend section 2183 of the Code of Georgia of
1882, etc., and for other purpo3es. Referred to Committee on Banks.

By Mr. BusseyA bill to amend section 1953 of the Code of 1882, etc.,
and for other purposes. Referred to General Judiciary Committee.

The following bills of the Senate were read the second time and passed to a third reading, to wit:
A bill to amend an act to revive the office of the State Geol~gist, and for other purposes.

166

JOURNAL OF THE SENATE.

A bill to repeal an act to create a Board of Commissioners of Roads and Revenues for the county of Carroll, and for other purposes.

A bill to amend an act, providing for a local Board of Trustees for the Military and Agricultural College, and for other purposes.
Mr. Brand offered the following joint resolution, which was taken up, read, and agreed to, and ordered to be immediately transmitted to the House, to wit :
Resohed,by the Senate, the Honse concnrring, That a committee of two from the Senate and three from the House be appointed, whose duty it shall be to prepare an act free from constitutional and other legal difficulties, changing the sessions of the General Assembly from the present time of holding the same, and providing for summer sessions, r<>porting their action and recommendations thereon to each branch of the General Assembly for further consideration.
The President appointed, under the foregoing resolution on the part of the Senate, Messrs. Brand and Cumming.
On motion of Mr. Harris of the Twenty-second District~ the Senate took up the report of the General Judiciary Committee on the hill of the Senate to amend an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, etc.
The committee reported in favor of the passage of the bill, with an amendment, which was adopted.
The report was agreed to.
The bill was read the t.hird time, and passedas amended~ ayes 26, nays 0.
On motion of Mr. Osborne, the bill of the Senate to pro-
. vide for the incorporation of street and suburban railroads

FRIDAY, NovEMBER 16, 1894.

167

was taken from the table and recommitted to the General Judiciary Committee.
On motion of Mr. McClure, leave of absence was granted the Committee on the Deaf and Dumb Academy for tomorrow and the next day.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 16, 1894, 10 O'clock A. M.

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

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, Merc::er, McGregor, Monro, Morton, McGarity, Osborne, Ryals,

Roberts, Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

Those absent were Messrs.-

McClure, :Norman,

Story,

Wilson.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

168

JOURNAL OF THE SENATE.

Mr. Mercer, chairman of Committee on Public Roads, submitted the following report :

Mr. President:
Your committee have had under consideration the following Senate bill, by Senator Roberts of the Twentieth District, which they instruct me to report back, with the recommendation that the introducer have leave to withdraw the same, to wit :

A bill to repeal an act, approved October 21, 1891.

Also, a hill to amend the public road laws of this State, which they instruct me to report back, with the recommendation that the same do not pass.

Respectfully submitted.

J. E. MERCER, Chairman.

Mr. Lumpkin, chairman of Committee on Public Schools, submitted the following report:
Mr. President:
Your committee have had under consideration the folllowing Senate bill, which they instruct me to report back, with the recommeudation that the same do not pass, to wit:
A bill to be entitled an act to amend section 1252 of the Code of 18H2, which provides for a Board of Education and County School Commissioner, and how chosen, said section to be so changed that said Board and School Commissioner will be elected by t_he people, and their term of office to be two years instead of four years.
Respectfully submitted. W. H. LUMPKIN, Chairman.

\

FRIDAY, NovEMBER 16, 1894.

169

By resolution of Mr. Roberts, the Hon. J. C. Woodward, Captain T. ~,. Newell, and R. N. Lamar were invited to seats in the Senate during their stay in the city.

Mr. Harris, chairman of the Committee on Gt>neral J udiciary, submitted the following report:

Mr. President:
The General Judiciary Committee have had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass as amended, to wit:

A bill, by Senator Cumming of the Eighteenth District, to be entitled an act to provide a uniform method of exercising the right of condemning, taking, or damaging private property, etc.
Also, a bill, by Senator Osborne of the First District, to be entitled an act to provide for the incorporation of street and suburban railroads, etc.
Respectfully submitted. N. E. HARRIS, Chairman.

Mr. Harris, of the Third District, chairman of the Special Judiciary Committee, submitted the foBowing report:

Mr. President :
The committee have had under consideration the following bill, to wit :

A bill to be entitled an act to change the time of hold:..

ing the spring t(lrm of the Dooly Superior Comt, and for

other purposes, which they recommend do pass.

Respectfully submitted.

S. R. HARRIS, Chairman.

170

JOURNAL OF THE SENATE.

The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary, to wit :

Mr. Pres,ident:
I am directed by the Governor, to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

The Senate, on motion, went into executive session, and having spent some time therein returned to open session.

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

By Mr. BrownA bill to amend the election laws of this State, to repeal
conflicting laws, and for other purposes.
Referred to the Special Joint Committee on General Registration.

Mr. Roberts introduced a joint resolution relating to an appropriation for the establishment of the State Military and Agricultural College at Milledgeville, which was adopted, and ordered to be transmitted to the House at once.
The President appointed as the committee on the part of the Senate, Messrs. Brand and Bussey.

By Mr. Lumpkin (by request)-
A bill to prohibit the corporate authorities of the town Summerville, in Chattooga county, from issuing license to sell spirituous or malt liquors within the corporate limits of said town, and for other purposes.
Referred to Committee on Temperance.

FRIDAY, NovEMBER 16, 1894.

171

By Mr. Osborne-
A bill to be entitled an act to amend section 1496 of the Code, etc.
Referred to Committee on Banks.

On motion of Mr. Mer<'er, the bill of the Senate to amend an act to revive the office of State Geologi~t, et<'., was taken up for a third reading.
On motion of Mr. Roberts, this bill was laid on the table, and two hundred copies were ordered to be printed for the use of the Senate.

The following message was received from the House of Representatives through Mr. M. A. Hardin, Clerk thereof:
Mr. Pre.~ident:
The House has passed the following House bills by the requisite constitutional majorities, to wit :
A hill to be entitled an act to authorize the Mayor and Commissioners of the town of Acworth to establish and maintain a system of public schools for said town; to levy and collect a tax for establishing and maintaining the same, and for other purposes.
Also, a bill to be entitled an act to abolish the County Court of Elbert county, and to provide for the transfer of the books, papers, and unfinished business of said court to the City Court 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 appointing a joint committee of four from the Senate and eight from the House, to attend the next commencement exercises of the University of Georgia, with

172

JOURNAL OF THE SENATE.

power to report to the next General Assembly, on such matters as may be deemed neceSP.ary.
The committee on the part of the House are Messrs. McCurry, West, Boyd, Brown of Pulaski, Holbrook, Meadow, Polbill, and Price.
The House bas also concurred in the resolution of the Senate, with an amendment, appointing a joint committee of two from the Senate and three from the House, to investigate the physical and financial condition of the Northeastern Railroad, and all matters connected therewith, and for other purposes.
The co.mmittee on the part of the House are, Messrs. Battle, Dodson, and Fullwood.
Mr. Harris, of the Twelfth District, chairman of Committee on Special Judiciary, submitted the following report:
Mr. President:
The Committee on Special Judiciary have had under consideration House Bill No. 101, to' fix the time for holding the election of officers of the city of Savannah, which they report back to the Senate, with the recommendation that it be read a second time and recommitted.
Respectfully submitted. S. R. HARRIS, Chairman.

Under a suspension of the rules, on motion of Mr. Sharpe, the Senate took up the report of the Special Judiciary Committee on the bill of the Senate to repeal an act to create a Board of CommissionPrs of Roads and Revenue for the county of Carroll, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 28, nays 0.

FRIDAY, NOVEMBER 16, 1894.

173

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

The Senate took up the report of the Committee on Education on the bill of the Senate to amend an act to provide for a local Board of Trustees for the Military and Agricultural College, and the manner of filling vacancie~, and subjecting the acts of said board to the approval or disapproval of the Board of Trustees of the University of Georgia, approved October 17, 1879.

The committee reported in favor of the passage of the bill by substitute, which was adopted and the bill agreed to.

The bill was read the third time and passed, as amended, by substitute; ayes 30, nays 0.

The bill of the House to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, relative to granting corporate powers to navigation companies, etc., was read the first time, and referred to the General Judiciary Committee.
Mr. Osborne, under a suspension of the rules, introduced the following bill, which was read the first time, and referred to the Committee on Finance, to wit:
A bill to provide for additional State Depositories.
The bill of the House to fix the time for holding the election for city officers by the Mayor and Council of the city of Savannah, and for other purposes, was read the second time, and recommitted to the Special Judiciary Committee.

The Senate, on motion, took a recess, subject to the call of the chair.

174

JouRNAL oF THE SENATE.

After a brief recess, the President called the Senate to order, and business was resumed.

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 approved September 4, 1882, to provide for the appointment of a County Judge for the county ofMitchell, etc., and for other purposes.
Also, a bill to change the time of holding the spring term of Dooly Superior Court, and for other purposes.
The resolution of the House, providing for the appointment of a joint committee to attend the commencement of the State University, was, on motion of Mr. Beeks, taken up, read, and concurred in.
The President appointed as the committee on the part of the Senate, under the foregoing joint resolution, Messrs. Beeks, Broughton, Sheppard, and Osborne.
On motion of Mr. Lewis, the Senate took up and agreed to the amendment of the House to the Senate joint resolution, providing a joint committee on the Northeastern Railroad.

Mr. Snead was granted leave of absence until Tuesday next.

Leave of absence was also granted Mr. Harris of the Third District, for Monday and Tuesday. Mr. Harris of the Twelfth District for Monday, and to the Committee on the Northeastern Railroad for Monday next.

On motion of Mr. Starr, it was ~ndered that when the

Senate adjourns to-day, it shall adjourn to 10 o'clock, a.m.

Monday.



FRIDAY, NOVEMBER 16, 1894.

175

Mr. Sanford was granted leave of absence until Tuesday next, at 10 o'clock a. m.
On motion ofMr. Monro, the following communication from Mr. Hopkins, the President of the State School of Technology, was read to the Senate, and the invitation contained therein was accepted, with thanks, to wit:

ATLANTA, GA., November 12, 1894.
To the Honorable Senate of Georgia:
GENTLEMEN :-The Georgia School of Technology is now in its sixth year of existence.
By your fostering care the institution bas been enabled to begin and continue a most important work-a work which is telling most effectively upon the educational and industrial interests of the State.
It would interest you profoundly to spend some time on the grounds and inspect, personally, the work which is being do~e.
You are hereby most cordially invited, as a body and as individuals to visit the institution at such times aR may suit your convenience.
With profound respect. Yours very truly,
I. s. HOPKINS,
President Georgia School of Technology.

Mr. Lewis offered the following resolution, which was taken up, read, and agreed to viz :
Resolved, That the compensation of the six pages now serving the Senate shall be two dollars per day_. each, while on duty, during this session.
Mr. Lumpkin gave notice that at the proper time be would move a reconsideration of the foregoing resolution.

176

JoURNAL OF THE SENATE.

At the hour of 12 o'clock meridian, the .President announced that the time had arrived for the Senate to meet the House in joint session, for the purpose of hearing the address of the Chancellor of the State University.

Whereupon, the Senate, in a body, preceded by the President and Secretary, repaired to the Representative Hall, where, being announced by the Doorkeeper, they were received by the House of Representatives standing.
The President took the chair and called the General Assembly to order.

By his direction, the resolution under which the General Assembly was convened in joint ~ession was read by the Secretary.

The Chancellor, being introduced, proceeded to address the General Assembly.

At the conclusion of his address the General Assembly was, on motion, dissolved.

The Senate returned to the Senate Chamber, and being called to order h) the President, adjourned until 10 o'clock a. m., Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 19, 1894, 10 O'clock A. l\I. The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.

MoNDAY, NovEMBER 19, 1894.

177

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

Beeks, Broughton, Bush, BuSBey, Boyd, Brand, Brown, Cumming,
Crai~.
Keen, Long, Little,

Lumpkin, McMillan, Mercer, McGregor, Monro, McGarity, McClure, Norman, Osborne, Ryals, Roberts, Sheppard,

Story, Sanford, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Williams of 25th, Williams of 36thr Mr. President.

Those absent were Messrs.-

Harris of Third, Harris of Twelfth, Harris of 22d,

Harrison, Johnson, Lewis,

Morton, Snead, Wade.

Mr. Beeks, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Mr. Lumpkin moved a reconsideration of so much of the Journal of Friday as relates to the adoption of a resolution fixing the per diem of the Senate pages.
The motion to reconsider did not prevail.

Leave of absence was granted Mr. Harrison indefinitely, on account of sickness.

Mr. Boyd, chairman pro tern. of the Committee on En-
grossing, submitted the following report:

Mr. President:
Your committee have examined the following engrossed bills, and find them correct and ready to be transmitted to the House, to wit :
128

178

JOURNAL OF THE SENATE.

A. bill to repeal an act to crea~ a Board of Commissioners of Roads and Revenues for the county of Carroll, etc.

Also, a bill to provide for a local Board of Trustees for the Middle Georgia College, etc.

Also, a bill to amend an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of thiA !state, etc.
Respectfully submitted. M.G. BoYD, Chairman pro tern.

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

Mr. President:
The House has passed, by the requisite constitutional majorities, the following House bills, to wit :
A bill to change the time of holding the spring term of Pulaski Superior Court~ and for other purposes.
Also, a bill to amend section 4696(a) of the Code of 1882, and for other purposes.
Also, a bill to provide for and require the registration of all voters in the county of Monroe in this State, to provide penaltieA for the violation of the same, and for other purposes.
Also, a bill to authorize the Comptroller-General to appoint one of the Railroad Commissioners of this State to act as arbitrator in certain cases, and for other purposes.

The House has also concurred in the following resolutions of the Senate, to wit :
A resolution providing for the appointment of a joint committee of two from the Senate and three from the

MoNDAY, NovEMBER 19, 1894.

J7b

a House, to prepare bill changing the sessions of the Geu
~ral Assemb\y from the present time of holding the same
and providing for summer sessions, and for other purposes

The committee on the part of the Honse are, Messrs. Fouche, Jenkins, and McCurry.

Also, a resolution of the Senate providing for a joint committee of two from the Senate and three from the House, to make inquiry into the creation and organization, and the terms and contract between the branch of the State U niverversity, located at Milledgeville, and the trustees of the State University, and to report thereon at as early a date as practicable.

The committee on the part of the House are, Messrs. Hodges, Brown of Washington, and Spence.

On the f'.all of the roll for the introduction of new matter, the following bills were introduced, read the first time, and referred as indicated, to wit:

By Mr. CummingA bill to prescribe the method of serving bills of excep-
tion upon non-resident and unrepresented defendants m error, and for other purposes.
Referred to General Judiciary Committee.

Also, a bill to prescribe the method of attestation and acknowledgment of deeds to realty and personalty executed without the State, to authorize their record in this State, and for other purposes.
Referred to General J udieiary Committee.

By Mr. TatumA bill to amend sections 1 and 2 of an act to amend an
act approved December 30, 1~90, and for other purposes.
Referred to Special Judiciary Committee.

180

JOURNAL OF THE SENATE.

By Mr. OsborneA bill to amend the act regulating municipal elections
in Savannah. Referred to Special Judiciary Committee.
By Mr. WilliamsA bill to provide for registration of the qualified voters
of Harris county, and for other purposes. Referred to Special Judiciary Committee.
By Mr. WilsonA bill to amend an act to incorporat~ the South Georgia
Bank of Waycross, and for other purposes. Referred to Committee on Banks.
Mr Long offered the following joint resolution, which was taken up, read, agreed to, and ordered to be immediately transmitted to the House, to wit:
Re~wlved by the Senate, the House concurring, That a joint committee of three from the Senate and five from the Honse, be appointed to visit the State University for the purpo~ of inspecting the buildings and grounds, and determining what repairs or additions are necessary, and to approximate cost for the same, and report to the General Assembly at an early date.
The President appointed Messrs. Long, Sheppard, and Broughton, committee on the part of the Senate under the foregoing resolution.
The following bills of the House were read the first time and referred as indicated, to wit:
A bill to authorize the Mayor and Commissioners of Acworth to establish and maintain a public school system, and for other purposes.
Referred to Committee on Education.

MoNDAY, NovEMBER 19, 1894.

181

A bill to change the time of holding the spring term Qf Pulaski Superior Court.
Referred to Special Judiciary Committee~

A bill to abolish the County Court of Elbert county, tc., and for other purposes.
Referred to Special Judiciary Committee.
A bill to amend section 4696(a) of the CodE' of 1882, etc. Referred to General Judiciary Committee.
A bill to authorize the Comptroller-General to appoint one of the Railroad Commissioners of this State to act as arbitrator in certain ca~;es, and for other purposes.
Referred to General Judiciary Committ~e.
Also, a bill to provide for and require the registration of all voters in Monroe county, etc., and for other purposes.
Referred to Special Judiciary Committee.

Mr: Osborne introduced a resolution to relieve the London Guarantee and Accident Insurance Company, Limited, of London, England, which was read the first time, and referred to Finance Committee.

The bill of the House to carry into effect article 3, secfion 7, paragraph 18 of the Constitution of this State, relating to granting corporate powers to navigation companies, and for other purposes, was read the second time, and passed to a third reading.
The following bills of the Senate was read the second time, and passed to a third reading, to wit:
A bill to provide for notice to the garnishee of the filing of a traverse of the answer of such garnishee, when the garnishment is pending in any of the Justices' Courts of this State, etc.

182

JOURNAL OF THE SENATE.

Also, a bill to repeal an act, approved March 2, 1874, incorporating the town of Whitesburg, in Carroll county, to reincorporate said town, and for other purposes.

Also, a bill to amend an act to regulate banks, and for other purposes, approved October 10, 1891, etc.

The Senate took up the report of the Special Judiciary Committee on the bill of the House, to change the time of holding the spring term of the Superior Court of Dooly county, 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 repeal an act approved September 4, 1882, to provide for the appointment of a County Judge for the county of Mitchell, and for: other purposes.
The report was agreed to.
The bill was read the third time and passed ; ayes 26, nays 0.
The Senate, having disposed of all business on the des~ of the Secretary, adjourned, on motion, until 10 o'clock to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, November 20, 1894, 10 O'clock A. M. The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by the Chaplain.

TuESDAY, NovEMBER 20, 1894.

183

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of 22d, Harrison, Keen, Lewis,

Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarity, McClure, Norman, Ryals, Roberts,

Story, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, 'Vilcox, Williams of 25th, Williams of 36th, Mr. President.

Those absent were Messrs.-

Harris of Third, Harris of Twelfth, Johnson,

Morton, Osborne,

Sheppard, Wade.

Mr. Beeks, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Mr. Long, chairman Committee on Banks, submitted the following report :
Mr. President:
Your committee have had under consideration the following bill, which they recommend do pass, to wit:
A bill to amend section 2183 of the Code of Georgia of 1882, which defines the circumstances under which an agency may be revoked, etc.
N. G. LoNG, Chairmain.

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

184

JOURNAL OF THE SENATE.

Mr. Wilson, acting chairman of the Committee on General Judiciary, submitted the following report:

M'r. President:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :
A bill, by Senator Beeks of the Twenty-sixth District' to be entitled an act to amend section 2039(b) of the Code of 1882, and for other purposes.

Also, a bill, by Senator Starr of the Forty-third District, to be entitled an act to declare how any corporation, mining, or joint stock company may answer summons of garnishment in certain cases.

They have also had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass, as amended, to wit:
A bill, by Senator Starr of the Forty-third District, to be entitled an act to change the time of holding the Superior Courts of Bartow, Catoosa, Murray, Gordon, Dade, and Whitfield, composing the Cherokee Judicial Circuit, to pr~vide for two weeks' te:r:m in Catoosa in February, and two weeks' term in Murray in August, when necessary, and for other purposes.
Also, a bill, by Senator Starr of the Forty-third District, to be entitled an act to amend section 3719 of the Code of 1882, and for other purposes.
They have also had under consideration a bill by Senator Brown of the Thirty-ninth District, to be entit1ed an act to

TuESDAY, NovEMBER 20, 1894.

185

abolish the fees of the Solicitors-General of the several judicial circuits of the State of Georgia, and in lieu thereof to provide that the Solicitors-General be paid a fixed salary, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do not pass.
Respectfully submitted. LEON A. Wn,soN, Chairman protem.

Mr. Beeks, chairman of the Committee on Education, submitted the following report:
Mr. President :
Your committee have bad under consideration the following House bill, w.hich they instruct me to report back, with the recommendation that the same do pass, to wit :
A bill to be entitled an act to authorize the Mayor and Commissioners of the town of Acworth to establish and maintain a system of public schools for said town, and for otbt-r purposes.
Respectfully snmmitted.
wA:LTER C. BEEKS, Chairman.
The bill of the Senate to amend section 125~ of the Code of 1882, which provides for a Board of Education and County School Commissioner, and how chosen, said section to be so changed that said Board and Commissioner will be elected by the people, and their term of office to be two years instead of four years, was taken up under adverse report of the Committee on Public Schools.

Mr. McGarity moved that the Senate disagree to the report of the committee.
The motion to disagree to the report was lost.



186

JOURNAL OF THE SENATE.

The adverse report was agreed to, and the bill was]there- . fore lost.

The Senate took up the adverse report of the General Judiciary Committee on the bill of the Senate to abolish the fees of Solicitors-General and substitute salaries therefor, etc.
Mr. Brown moved to disagree with the report.

This motion did not. prevail.

The report was agreed to and the bi II was lost.

Mr. Bush, chairman protem. of the Committee on Special Judiciary, submitted the following report:
Mr. President : Your committee have had under consideration the fol-
lowing bill, which they inst"r.uct me to report back, with the recommendation that same do pass, to wit:
A bill, by Mr. Osborne of the First District, to amend
the act regulating municipal elections in Savannah. Respectfully submitted. C. C. BusH, Chairman pro tem.
Mr. Boyd, chairman of the Committee on Temperance, eubmitted the following report:
Mr. President: Th,e Temperance Committee have had under considera-
tion a bill, by Senator Boyd of the Thirty-second District, to be entitled an act to abolish barrooms, to prohibit the manufacture, sale, and keeping for sale of intoxicating liquors for beverage purposes, and to provide for its manufacture and sale for other purposes, and they direct me to report

TuESDAY, NovEMBER 20, 1894.

187

t~ same back to the Senate, with the recommendation that it be read the second time and recommitted.
Respectfully submitted. M. G. BoYD, Chairman.

Mr. Roberts was permitted to withdraw the bill of the Senate to repeal an act to give Commissioners of Roads and Revenue, or the Ordinary, or County Judge, as the case may be, the power to lay out, open, change, or discontinue the public roads, etc., and for other purposes.

The bill of the Senat~ to amend the act regulating municipal elections in Savannah was read the second time and recommitted.
On motion of Mr. McClure, leave of absence was granted the Committee on Deaf and Dumb Academy, to enable them t(l meet with the House Committee on the same subject.

The Senate took up the report of the Judiciary Committee on the reconsidered bill of the Senate to provide a uniform method of exercising the right of condemning, taking, or damaging private property.
The committee to whom it was recommitted, after reconsideration, reported in favor of its passage, with certain amendments, which were adopted.
The report was agreed to.
The bill was read the third time, and passed, as amended; ayes 26, nays 2.

The Senate took up the report of the General Jndiciary Committee on the bill of the Senate to provide for the mcorporation of street and suburban railroads.

188

JouRNAL oF THE SENATE.

The committee reported in favor of its pasRage, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time, and passed, as amended; ayes 25, nays 0.

Mr. Harris, chairman of the Committee on General J udiciary, submitted the following report:

Mr. President:
The General Judiciary Committee have had under consideration a bill, by Senator Cumming of the Eighteenth District, to be entitled an act to provide for the levy and
sale of property where the defendant in fl. fa.. has an in-
terest therein, but does not hold the legal title thereto, and to provide for the distribution of the proceeds arising from such sale, etc., and they direct me to report the same back to the Senate, with the recommendation that it do pass as amended.

They have also had under consideration a bill, by Senator Cumming of the Eighteenth District, to be entitled an act to prevent any person from taking as heir, legatee, devisee, distributee, or as beneficiary under an insurance policy, or in any manner being pecuniarily benefited by the decease of any person whose death has been unlawfully caused by him, and they direct me to report the same oack to the Renate, with the recommendation that it do not pass.
Respectfully submitted. N. E. HARRJs, Chairman.

The Senate took up the report of the Committee on Corporations, on the bill of the Senate to repeal an act, approved March 2, 1874, incorporating the town of Whites-

TuESDAY, NoVEMBER ~0, 1894.

189

burg, in Carroll county, and to reincorporate said town, and for other purposes.
The report was agreed to.
The bill was read the second time and passed; ayes 24, nb.ys 0.

The Senate took. up the report of the Committee on Banks, on the bill of the Senate to amend an act to regulate banks, and for other purposes, approved October 10, 1891, so as to require the bank or corporation to make statements when called for by the State Bank Examiner, to prescribe a penalty for failing to do so, and collecting the same, 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 Senate to provide for notice to the garnishee of the filing of a traveree of the answer of such garnishee, when the garnishment is pending in any Justices' Courts of this State, etc.
The committee reported in favor of its passage, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended; ayes 29, nays 0.

The bill of t.he House to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, relating to granting corporate powers to navigation companies, which was taken up for a third reading, was, on motion, recommitted to the Committee on Corporations.

190

JOURNAL OF THE SENATE.

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

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

A bill t.., provide a new charter for the town of Washington, Ga., and to repeal conflicting laws, and for other purposes.

On motion of Mr. Boyd, the bill of the Senate to abolish barrooms, etc., and for other purposes, was read the second time and recommitted to the Committee on Temperance.
On motion of Mr. Broughton, the bill of the Senate to amend section 2183 of the Code of Georgia of 1882, etc., and for other purposes, was read the second time, and passed to a third reading.
On motion of Mr. Mercer, the bill of the Senate to amend an act to revive the office of State Geologist, etc., was taken from the table~and made the special order for to-morrow at 11 o'clock a. m.
Under a suspension of the rules, Mr. Venable, the President, introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to wit:
A bill to amend paragraph 1, section 3, of article 8 of the Constitution of Georgia, and for other purposes.
The Senate adjourned, on motion, until 10 o'clock, a. m. to-morrow.

WEDNESDAY, NOVEMBER 21, 1894.

191

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, November 21, 1894, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President in the chair

Prayer was offered by the Chaplain.

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

Beeks, Broughton, BuBBey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Little, Lumpkin, McGregor, Monro, Morton, McGarity, McClure, Norman, Ryals, Roberts,

Story, Sanford, Sharpe, Starr, Tatum, Upchurch,
'Vilson, Wilcox, Williams 'bf 25th, Williams of 36th, Mr. President..

Those absent were Messrs.-

Bush, Harris of Twelfth, Long,

McMillan, Mercer, Osborne,

Rhepparo, Snead, Wade.

Mr. Beeks, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Mr. McGarity moved to reconsider so much of the JournaJ of yesterday as relates to the adoption of the adverse report on the bill of the Senate to amend Rection 1252 of the Code of 188~, which provides for a Board of Education and County School Commissioner, etc.

On this motion Mr. McGarity called for the ayes and nays, which were allowed by the Senate.

192

JOURNAL OF THE SENATE.

Those who voted in the affirmative are Messrs.-

Brown, Craigo, Johnson, Keen,

McGrej:tor, McGarity, Snead,

Sharpe, Tattm, Williams of 36th.

Those who voted in the negative are Messrs.-

Beeks, Broughton, Bussey, Boyd, Brand, Cumming, Harris of Third, Harris of 22d,

Harrison, Lewis, Little, Lumpkin, McMillan, Mercer, McClure, Norman,

Ryals, Roberts, Story, !-Jan ford, Starr, Upchurch, Wilcox, Williams of 25th.

Those not voting were Messrs.-

Bush, Harris of Twelfth, Long, Monro,

Morton, Osborne, Sheppard,

Wilson, Wade, Mr. President.

Ayes 10. Nays 24. Not voting 10.

So the motion to reconsider did not prevail.

Mr. Cumming, of the Eighteenth District, acting chairman of the Special Judiciary Committee, submitted the following report:

Mr. Preside'fli:
The Committee on Special Judiciary instructs me to report that the committee recommends that House Bill No. 101, to fix the time for holding the election for certain officers in the city of Savannah, qo pass by substitute.

I am further instructed to report that the committee recommends that Senate Bill No. 75, to provide for registration in Harris <lounty, be read a second time and recommitted.
Respectfully roubmitted. BRYAN CuMMING, Acting Chairman.

WEDNESDAY, NovEMBER 21, 1894.

193

Leave of absence was granted the Chaplain for a few days.

Mr. Little, chairman of the Committee on Privileges and Elections, submitted the following report, to wit :

Mr. President:

Your committee on Privileges and Elections hav.e had

referred to them a notice of conteet, by A. M. Baxter, of

the election of C. H Brand, the sitting member from the

Thirty-fourth Senatorial District, and the contestant having fail~d to take any testimony, or prosecute his said contest~

I am directed by the committee to repoL t the same to the

Senate, with a recommendation that said contest be dis-

missed for want of prosecution.

Respectfully sub~nitted.

W. R. LITTLE, Chairman.

The foregoing report was taken up and adopted.

Mr. Boyd, chairman of the Committee on Temperance, submitted the following report:
.Jir. President :
The Temperance Committee have had under consideration a bill, by Senator Lumpkin of the Forty-second District, to be entitled an act to prohibit the corporate authorities of the town of Summerville in the county of Chattooga, from issuing license to sell spirituous or malt liquors, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.
Respectfully submitted.
..i.d. G. BoYD, Chairman.
13s

194

JOURNAL OF THE SENATE.

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

By Mr. Harris of the Twenty-second DistrictA bill to amend the act of 1887 to regulate the business
of insurance, and for other purposes, so as to lessen the deposit required in this State, and for other purposes.
Referred to General Judiciary Committee.

By Mr. BrownA bill to provide for third class roads, and for other
purposes. Referred to Committee on Public Roads.

By Mr. Harris ofthe Twenty-second District (by request)-
A bill to authorize and empower the South Carolina Railroad Company to construct its railroad from its terminus in South Carolina to and into this State, etc.
Referred to General Judiciary Committee.

By Mr. McGregorA bill to amend paragraph 2, section 1, article 2 of the
Constitution. Referred to Special Judiciary Cornmittee.

On motion of Mr. Beeks, the Senate took np the report of the Special Judiciary Committee, on the bill of the House, to fix the time for holding the election for city officers by the Mayor and Council of the city of Savannah, and for other purposes.
The committee reported in favor of its passage .by substitute, which was adopted.
The report was agreed to.

WEDNESI>AY, NovEMBER 21, 1894.

195

The bill was read the third time and passed, as amended by substitute; ayes 25, nays 0.
Proof of legal notice was submitted to the Senate.
The bill was, on motion of :Mr. Beeks, ordered imme-diately transmitted to the House.
Mr. Roberts, chairman of the Committee on the Lunatic Asylum, submitted the following report, which was referred to the Finance Committee, and two hundred copies th~reof -ordered to be printed for the use of the Senate, to wit:

Mr. President:
The committee who visited the Lunatic Asylum have, by :appropriate sub-committees, examined the several branches .of said institution, and beg to submit the following report:
We have, as far as our limited time would allow, made a -careful examination of the books of the steward, storekeeper, and treasurer of the asylum, and found them correctly and systematically kept. We find, from an examination and comparison of said books with the annual report made by the superintendent of said institution, that they -correspond, and ask to refer to same as part of our report.
We find that there are I,743 inmates of said institution and 241 employees, whose salaries amount to $42,662.50, and seventeen assistant physicians and other officials whose .salaries amount to $17,233.15. Said sums are paid out of the annual appropriation of $200,000.00. We find the expenditure for repairs for year just closed is $17,130.82, which leaves $122,973.53 for the maintenance and support .of the institution proper, or a per capita of $70.53.
Your committee, in view of above figures, feel that it would be derelict in its duty if it did not commend the -('Conomy and judgment with which said institution is managed.

196

JouRNAL OF THE SENATE.

In view of the fact that the annexes to the negro buildings now in process of erection will be completed and ready for occupancy about the first of April, 1895, and a building for whites will be completed and ready for occupancy by October 1, 1895, thus necessitating a larger expenditure for furniture, and an increase in room means an increased attendance, and that there are now on file about three hundred applications for admission, many of which will be granted as soon as there is room to accommodate them, and many of which. are now confined in the common jails of the counties, your committee recommends that for the fiscal year 1895 an appropriation of $210,000.00 be made, and for the fiscal year 1896 an appropriation of $230,000.00 be made, feeling that the increased attendance upon said institution make this increase in appropriation absolutely necessary.
We find that the grounds upon which the institution is situated are properly kept, well drained, nothing allowed to remain thereon of a deleterious or offensive nature, and, on the other hand, the tract in .front of the main building is beautifully parked, in keeping with good taste, and quieting to the restless spirit of the inmates.
We find that the buildings are very cleanly kept, rooms well heated and ventilated, and containing a sufficient amount of the proper grade of furniture, including well dressed beds, and everything needful to contribute to the comfort of the unfortunate inmates.
We find that the sewerage system from the buildings now used is simply splendid, having all the fall or grade wanted (in some places as much as four feet to the hundred), and emptying into a creek half a mile away.
The drinking water, which is obtained from wells, we assume to be good, not being able to procure a chemical analysis.
We find the wearing apparel of the inmates to be neat

WEDNESDAY, NovEMBER 21, 1894.

197

and comfortable. We call special attention to the way the inmates are fed; the food is plenteous, wholesome, and wellcooked, and of varieties suitable to the numerous patients.
The general good health of the inmates and attendants is proof conclusive of the splendid hygienic and sanitary condition of the Asylum; the death-rate of the inmates being only about 9 per cent.
As the engines and water-works system are old and in bad repair, we recommend a special appropriation of $4,000 for the purpose of duplicating the same.

STOCK AND FARM.
On a close inspection of this important department of the institution, we find it economically and systematically conducted, which reflects credit upon the assistant steward, Hon. George W. Hollinshead. From his report ending September 30, 1893, we submit the following as balance to the net profits in favor of the different departments:
Dairy __________________________ ---$2,470 45 Garden _____________________________ 2,570 67 Pork ... ___________ . ___ .. _____ .. _______ . 2,247 06

TotaL ___ ..

$7,288 18

For a full and satisfactory report, we refer to the itemized report of assistant steward, embodied in annual report of Trustees. We find that there has been in cultivation the present year about one hundred and thirty acres (130) of land, devoted respectively to the following crops:

Sweet potatoes _______________________ _ 25 acres.

Turnips _ .. _____ ... _____ .. _ ___ _ _____ .. _ . _ 9 "

Collards ______________ ------------ 9 "

Corn and peas . _.. ___ ____ __ ______ .. _ ___ 30 "

Cabbage __ _ _. ____ .. __ -- . _ ... - ...

5"

Irish potatoes_______ ----------------- 15 "

198

JOURNAL OF THE SENATE.

Snap beans _. __ ____ . ________________ . Butter beans ___ .. . ____ - ______ . _____ __ Beets____ .. _____ _ ........ ____ .. _ ... --- .. Radishes _____ _ Watermelons _ . _ .. _. ___ .... _.. Salsify.. ___ _ ____ . ____ __ ____ ___ _. Squash ____ .... _ _ _ .... _... Tomatoes _. __ . .. _.. ___ . _ . _. _ ... ____ Lettuce ____ ..... ___ . _ _ ___ .. _
Onions Okra ____ .. _ Cucumbers. ____ . ___ . ______ . Cantaloupes ______ . _

3 acres.
3" 6"
ll "
5"
1t "
3" 4"
t acre.
5"
2l acres.
t acre.
3 acres.

Total _____ .... ___ _.. _____ . _____ _ .. 129! acres.

All of above cultivated lands were fertilized wholly from manures accruing from stock belonging to the Institution.
We make special note of proceeds from Dairy and Stock Department. From sixty milch cows, the yield is one hundred gallons per day. All manures from stock are well cared for, and judiciously utilized in fertilizing the cultivated lands.
There will be some two hundred and forty head of hogs slaught~red the present season, all of which have been raised and fattened from proceeds of farm and the refuse from the cooking departments, which would be otherwise wasted and produce disease.
Respectfully submitted. RuFus W. RoBERTs,
Chairman Senate Committee.
------------------,
Chairman House Committee.

WEDNESDAY, NovEMBER 21, 1894.

199

The following bills of the Senate were, on motion, taken up, read the second time, and passed to a third reading, to wit:
A bill to prohibit the corporate authorities of the town of Summerville, in Chattooga county, from issuing license to sell spirituous or malt liquors, and for other purposes.

A bill to declare how any corporation, mining or joint stock company, may answer summons of garnishment m certain cases.

A bill to provide for the levy and sale of property where
the defendant in fi. fa. has an interest therein, but does not
hold the legal title thereto, and to provide for the distribu-
tion of the proceeds arising from such sale.

The bill of the Senate to provide for the registration oi the qualified voters of Harris county, etc., was read the second time and recommitted to the Special Judiciary Committee.

The bill of the House to authorize the Mayor and Commissioners of the town of Acworth to establish and maintain in that town a system oi public schools, etc., was read the second time, and passed to third reading.

Under a suspension of the rules, the following bills were introduced, read the first time, and referred to the General Judiciary Committee, to wit:

By Mr. Beeks-
A bill to amend section 21 oi an act approved December 18, 1893, which relates to granting corporate powers to insurance COI\lpames by the Secretary of State, and for other purposes.

200

JouRNAL OF THE SENATE.

By Mr. Wilson-
A bill to amend the charter of the city of WaycrosR, approved November I, 1889, so as to grant to the Mayor and Council the right to condemn land for the purpose of laying out, widening, straightening, extending, or otherwise changing the streets and alleys in said city, and for other purposes.

Mr. Mercer, chairman pro tern. Committee on Engrossing, submitted the following report :

Mr. President:
Your committee have examined the following Senate bills and find them properly engrossed and ready to be transmi~ted to the House of Representatives, to wit:
A bill to provide a uniform method of exercising the right of condemning, taking, or damaging private property.
Also, a bill to amend an act so as to require the bank or corporation to make statements when called for by the State Bank Examiner, and for other purposes.
Also, a bill to provide for notice to the garnishee for the filing of a traverse of the answer of such garnishee, etc.
Also, a bill to provide for the incorporation of street and suburban railroads.
Also, a bill to reincorporate the city of Whitesburg, Carroll county.
Respectfully submitted.
J. E. MERCER, Chairmanpro tern.
At 11 o'clock a. m., the special order for this hour, to wit, the bill of the Senate to amend an act to revive the office of State Geologist, and to provide for a geological, mineralogical, and physical survey of the State. of Georgia, and for other purposes, approved November 12, 1889.

WEDNESDAY, NoVEMBER 21, 1894.

201

The Committee on Internal Improvements reported in favor of the passage of the bill.
The same was, on motion, taken up by sections.

The first and second sections were respectively read and adopted.
The third section was read and amended, as follows :
1. On motion of Mr. Cumming, by adding the following at the conclusion of said section, viz.: "But no individual, firm, or incorporation shall have the right to call upon or require the State Geologist to enter upon any special survey for his or their special benefit, but the survey is to proceed, upon a settled plan for the benefit of the public and .investors and developers in general."
2. On motion of Mr. Long, by striking out from the seventeenth line of said section the words "at as early a day as practicable."
3. On motion of Mr. Long, by striking froin the eighteenth line the words " of South Georgia."
4. Also, on motion of Mr. Long, by stri~ing out the words "of South Georgia," from the twentieth line.
5. Also, on motion of Mr. Long, by striking out all of the twenty-first, twenty-second, and twenty-third lines, and all of the twenty-fourth line down to and including the word " State."
6. Also, on motion of Mr. Long, by striking out the twenty-sixth line, beginning at the words "it is."
7. Also, on motion of Mr. Long, by striking out the whole of the twenty-seventh line, and by striking out all of the twenty-eighth line to and including the words "lease act."
8. On motion of Mr. Tatum, the third section was further amended by adding after the word " Geologist," in the

202

JouRNAL OJ<' THE SENATI<:.

third line, the following, "who shall have resided m this State two years prior to their appointment."
9. On motion of Mr. Boyd, said third section was further amended by inserting the word "two" after the word "employ," and before the word "competent," in the twentyninth line.
10. Also, on motion of Mr. Boyd, by inserting the words: "four assistant topographers and two drivers," after the word "topographers," and before the word "nece:ssary" in the twenty-ninth line of section 3, and by striking the words "and such other assistants," in the twenty-ninth line of said section.
11. Section 3 wa8 amended, on motion of Mr. Beeks, by inserting after the word "act," and before the word "be" in the first line of said section, the following words, to wit:
"Section 3. Re it {ttrthe1 enacted, That two competent assistant State Geologist shall be chosen by the Advisory Board, who may be removed at any time, by the appointing powe1, fi)r incompetency, inefficiency, or misconduct. It shall be the duty of the State Geologist and his assistants to divide the State into three geological sections; as nearly equal in area as may be expedient to, be known as North Georgia, Middle Georgia, and South Georgia Geological sections; the northern section shall extend from the State line southward to the thirty-fourth degree of latitude; the middle section shall extend from that degree Southward to the thirty-third degree of latitude; the Southern section shall extend from the last mentioned degree to the southern boundary of the State; the survey and exploration of each of said sections shall commence simultaneously by said State Geologist and his assistants, and one thousand dolla~s of the foregoing appropriation, or so much thereof as may be necessary, shall be applied to each of said sections for an outfit and necessary expenses, incident to the

WEDNESDAY, NovEMBER 21, 1894.

203

prosecution of the work in each section. & soon as a gen~~ Qutlioo Qf goologiesl survey of the entire State shall have been made, the State Geologist shall enter upon one of these sections, and assign one to each of his assistants, and under the control of the first named, the corps shall proceed to make a careful and complete Geological, Mineralogical and Physical survey of the State ; to enter upon record, to be kept for that purpose, in his office, an accurate statement of the extent of all water-powers, woods, roads, springs, and water courses, and the climate, topography and general physical character of the country, and to locate the belts of ores and useful minerals, building material ; report characteristics and composition of the soils, and the deposits of marls and phosphates; to collect, analyze and classify specimens of minerals, plants, and soils, and enter the same on record ; to cause to be preserved in a museum specimens illustrating the geology, mineralo~y, soils, plants, valuable woods, and whatever else may be discovered in Georgia, of scientific or economic value; and shall make a report of the survey of every county in this State, accompanied by all necessary maps and illustrations. For the purpose of making, survey contemplated in this act, the State Geologist shall have access to the chemical laboratory of the State. The State Geologist shall have supervision of the entire work, and shall be responsible for the accuracy of the same. It shall be the duty of the State Geologist to make reports to the Advisory Board as often as required by them, and they shall report to each General Assembly the progress and condition of the survey, an accurate account of money spent, and such reports of .the State Geologist and his assistants as have been completed, together with all such information as may be deemed necessary, and useful."
Section 3, as amended, was adopted.

204

JouRNAL oF THE SENATE.

Sections 4 and 5 were severally read and adopted.

On motion of Mr. Beeks, the caption of the bill was amended by adding thereto the words : " and for other purposes."

The report a~ amended was agreed to.

Mr. McGarity moved the indefinite postponement of the whole pending subject-matter.

This motion did not prevail.

The bill was read the third time, and, on the question of its passage, as amended, Mr. Tatum required the ayes and nays to be recorded.

Those who voted in the affirmative were Messrs.-

Beeks,_ Broughton, Bussey, Boyd, Brand, Cumming, Harris of Third, Harris of 22d, Harrison,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, Morton, McClure, Norman,

Ryals, Story, Sanford, Starr, Upchurch; Wilson, Wilcox, Williams of 25th.

Those who voted in the negative were Messrs.-

Brown, Craigo, Johnson, Keen,

McGregor, Monro, McGarity, Snead, .

Sharpe, Tatum, Williams of 36th.

Those not voting were Messrs.-

Bush, Harris of Twelfth, Osborne,

Roberts, Sheppard,

Wade, Mr. President.

Ayes 26. Nays 11. Not voting 7.
I
So the bill was passed, as amended, by a constitutional
majority.

THURSDAY, NovEMBER 22, 1894.

205

On motion of Mr. Brand, the following House bi11 was read the firRt time and referred to the Committee on Cor.:. pomtions, to wit :
A bill to provide a new charter for the town of Washington, Ga., 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 5719 of the Code of 1882, and for other purposes.

Also, a bill to amend section 2039(b) of the Code of 1882, and for other purposes.

Also, a bill to change the time of holding the Superior Courts of the counties of Bartow, Catoosa, Murray, Gordon, Dade, and Whitfield composing the Cherokee Judicial Circuit, and for other purpost.s.

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

SENATE CHAMBER, ATLANTA, GEORGIA,
Thursday, November 22, 1894, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by the Rev. Mr. McDonald, Representative of Ware county.

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

Beeks, Broughton, Bussey,

Lt>wis, Long, Little,

Sheppard, Story, Sanford,

206

JOURNAL OF THE SENATE.

Boyd, Brand, Brown, Cumming, Craigo, Harris of Third. Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen,

Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Norman, Ryal, Roberts,

Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

Those absent were Messrs.-

Bush,

Osborne.

Mr. Beeks, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Mr. Harris, chairman of the Committee on General J udiciary, submitted the following report:

Mr. President:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report them back to the Senate, with the recommendation that they do pass as amended, to wit:
A bill, by Mr. Cumming of the Eighteenth District, to be entitled an act to regulate the Jaw of assignments for the benefit of creditors, to fix the rights and duties of assignors, creditors, and assignees, and for other purposes therewith connected.
Also, a bill, by Mr. Cumming of the Eighteenth District, to be entitled an act to provide fi>r the appointment of auditors, prescribe their duties, fix their compensation, provide a method of making their report.s, regulate the practice in cases where exceptions are filed to their report, and for other purposes.

THURSDAY, NOVEMBER 22, 1894.

207

They have also had under consideration a bill, by Mr. Mercer of the Ninth District, to be entitled an act to change the time of the meeting of the General Assembly of Georgia from the fourth Wednesday in October to the second Tuesday in July; and they direct me to report the same back to the Senate, with the recommendation that it be re, ferred to the Special Joint Committee on Changing Time of Meeting of the General Assembly, etc.

They have also had under consideration a bill, by Mr Harris of the Twenty-second District, to be entitled an act to amend and regulate the practice concerning motions for new trials and bills of exceptions, and they direct me to report the same back to the Senate, with the recommendation that it be referred to the Joint Committee on Relief of the Supreme Court.
Respectfully submitted. N. E. HARRIS, Chairman.
On motion of Mr. Harris of the Twenty-second District, the bills recommended in the foregoing report to be recommitted to certain committees were taken up, and so recommitted.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report :
Mr. President:
The Committee on Finance have had under consideration the bill by Senator Harris of the Twenty-second District, to wit:
A bill to be entitled an act to decrease the tuition required of non-resident students of the State Technological school, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.

208

JouRNAL OF THE SENATE.

Also, a resolution by Senator Roberts of the Twentieth District, to appoint Mr.Jas. A. Green, of Milledgeville, Ga., an agent to look into certain State claims against the United States Government, etc., and they direct me to report the same back to the Senate, with the recommendation that it do pass, as amended.
Respectfully submitted. E. B. LEWIS, Chairman.
The bill of the Senate to prevent any person from taking as heir, legatee, devisee, distributee, or as beneficiary, nuder an insurance policy, or in any manner being pecuniarily benefited by the decease of any person whose death has been unlawfully caused by him, was taken up under adverse report of the General Judiciary Committee, and lost by agreement with said report.
The bill of the Senate to provide for the levy and sale of
property where the defendant in fl. fa. has an interest
therein, but does not hold the legal title thereto, and to provide for the distribution of the proceeds arising from such sale, which was taken up for a third reading, was, on motion of Mr. Harris, ordered printed (100 copies) for the use of the Senate.
On motion of Mr. Harris of the Twenty-second District, oue hundred copies of the substitute offered to the insurance bill introduced by Mr. Venable, now pending before the General Judiciary Committee, were ordered to be printed.
The Senate took up the report of the Committee on Education on the bill of' the House to authorize the Mayor and Commissioners of the town of Acworth to establish and maintain a system of public schools for said town, and for other purposes.
The report was agreed to.

THURSDAY, NovEMBER 22, 1894.

20~

The bill was read the third time and passed ; ayes 28, nays 0.

The bill of the Senate to change the time of holding the Superior Courts of the counties of Bartow, Catoosa, Murray, Gordon, Dade, and Whitfield, composing the Cherokee Judicial Circuit, and for other purposes, was taken up for a third reading, and, on motion of Mr. Starr, was recommitted to the General Judiciary Committee.

The bill of the Senate to amend section 2039(b) of the . Code of 1882, which was taken up for a third reading, was,
on motion of Mr. Sheppard, recommitted to the General Judiciary Committee.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act to amend section. 3719 of the Code of 1882, which provides when application for a new trial shall be made, approved November 12, 1889, and to fix the time within which the application for a new trial shall be made and a brief of evi-dence filed, and to authorize the Judge to act on such application in vacation as well as in term time, and for other purposes.
The committee reported in favor of the passage of the bill, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time and passed, as amended; ayes 28, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to declare how any corporation, mining, or joint stock company may answer summons of garnishment in certain cases.
14
.

210

JouRNAL oF THE SENATE.

The report was agreed to.

The bill was read .the third time and passed; ayes 2:~, uays 0.

The Senate took up the report of the Committee on Banks on the bill of the Senate to amend section 2183 of the Code of Georgia of 1882, which defines the circumstances under "hich an agency may be revoked, and providing that the death of a person who bas executed a power of attorney to transfer "tock in corporations sb'all not affect the right of the creditor or holder, but that such asflignment in blank, coupied with the power of attorney to transfer, shall be valid and eflectual, notwithstancing the death of the maker of such power.
The report was agreed to.
The bill WlS read the thitd time and passed; ayes 26, nays 0.

Mr. Ha1ris, chairman of the Committee on Special Judic>iary, submitted the following report:

Mr. President:
The Special Judiciary Committee have had under consideration House Bill No. 17, by Mr. Hodge of Pulaski, to be entitled an act to change the time of holding the spring term of Pnlaski Superior Court, and for other purposes, and they direct me to report the same hack to the Senate, with the recommendation that it do pass.

They have also had under consideration House Bill No. 135, by Mr. Willingham of Monroe, to be entitled an act to provide for and require the registration of all voters in the county of Monroe, in this State, to provide fi>r penalties for the violation of the same, and for other purposes

THURSDAY, NovEMBER 22, 1894.

211

herein contained, and they direct me to report the same back to the Senate, with the recommendation that it do pass as amended.
Respectfully submitted. S. R. HARRIS, Chairman.

Mr. Harris, chairman of the Committee on Special Judieiary, submitted the following report:

Mr. P1esident:
The Special Judiciary Committee have had under consideration House Bill No. 26, by Mr. Worley of Elbert, to be entitled an act to abolish the County Court of Elbert county, and to provide for the transfer of the books, papers, and unfinished business of said Court to the City Court ot said county, and for other purposes, and they direct me to report the same back to the Senate, with the recommenda tion that it do pass.
Respectfully submitted. S. R. HARiirs, Chairman,

Mr. Harris, chairman Committee on Special Judiciary, submitted the following report :
Mr. Presid~nt:
Your committee on Special Judiciary have had under consideration the following bill by Mr. Williams of the Twenty-fifth District, which they instruct me to report back to the Senate, with the recommendation that it do pass, to wit:
A bill to provide for the registration of the qualified voters of Harris county, and for other purposes.
Respectfully submitted. S. R. HARRIS, Chairman.

JouRsAL oF THE SENATE.

The Special .Joint Committee appointed to ascertain and report as to the expiration of the convict leases, submitted the following joint report, to wit:

Mr. President:
Your committee under a a joint resolution of the Senate and House of Representative:>, to ascertain the expiration of the lease of the State convicts, beg leave to submit the following report:

The lease contracts made in pursuance of the act of 1876,

provides for the expiration of the lease of the State con-

victs on April 1, 1899. We beg to further state, that the

Attorney-General concurs fully in this opinion.

w. B.

SANFORD,

Chairman Senate Committee.

G. P. MoNRO.

L. L. MIDDLEBROOK, Chairman House Committee.

The bill of the Senate, to prohibit. the corporate authorities of the town of Summerville, Chattooga county, Ga., from issuing license to sell spirituous or malt liquors, and for other purposes, which was taken up for a third reading, was, on motion of Mr. Broughton, recommitted to the Committee on Temperance.

On motion of Mr. Long, the bill of the House to abolish the County Court of Elbert county, and for other purposes, was taken up, read the second time, and passed to a third reading.

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

THURSDAY, NoYEMBER 22, 1894.

213

Jfr. President: The House has passed by the requisite constitutional ma-
jorities the following bills, to wit:
A bill to be entitled an act to make penal1:he offense OJ sland~r or oral defamation, to provide punishment for the same, and for other purposes.
Also, a hill to regulate admissions to the bar of this State, and for other purposes.

The following bills were introduced under a suspension of the rules, read the first time, and referred as indicated, to wit:
By Mr. Harris of the Twenty-second District- . A bill to fix a lien in favor of persons furnishing mate-
rial and supplies h> railroads. Referred to General Judiciary Committee.

By Mr. Broughton-
A bill to further regulate and prescribe the duties of the Board of Visitors and Trustees, respectively, of the University of Georgia, aud fi>r other purposes.
Referred to Committee on Education.

By Mr. WadeA bill to require and provide for the registration of the
legal voters of Screven county, and for other purposes. Referred to General ,Judiciary Committee.

By Mr. Monro-
A bill to amend paragraphs 2 and 3 of section 3 of article 6, paragraph 1 of section 11 of article 6, and paragraph 1 of section 12 of article 6 of the Constitution of this State, and for other purposes.
Referred to General .Judiciary Committee.

214

JoeRNAI, OF THE SENATE.

By Mr. Harrison-
A bill to repeal an act to abolish the office of County Treasurer, so far as relates to Twiggs county, approved February 28, 1877, and for other purposes, and also to repeal an act to amend an act to abolish the office of <::-ounty Treasurer, so far as relates to Twiggs county, approved September 25, 1883, and to create the office of County Treasurer for Twiggs county, and for other purposes.
Referred to Special Judiciary Committee.
By Mr. McGarity-
A bill to amend section 1329 of the Corle of 1882, in relation to ~lection contests, ~tc.
Referred to Committee on Privileges and Elections.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to provide for the registration of the qualified voters of Harris county, and for other purposes.
The report was agreed to.
The hill was read the third time and passed; ayes :32, nays 0.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 23, 1894, 10 O'clock A. l\1.
The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by Rev. Mr. Moore, RepresentatiYe of Heard county

FRIDAY, NovEMBER 23, 18fl4.

215

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

Beeks, Broughton, Bussef, Boyd, Brand, Brown, Cumming, Craijlo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen, Lewis,

Long, Little, Lumpkin, McMillan, )lercer, :\lcGregor, Monro, Morton, McGuity, McClure, Norman, Osborne, Ryals, Roberts,

Sheppard, Story, Sanfurd, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade. Williams of 2iith, Williams of 3.ith, Mr. Prt!!'ident.

Mr. Bush absent.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported "the Journal correct. It was then read and confirmed by the Senate.
Mr. Brand, chairman of Committee on Corporations, submitted the following report, to wit :

.1l:fr. President :
The Committee on Co~porations have bad under consideration the following bill by Mr. Wynne of Wilkes county, to wit:

A bill to be entitled an act to provide a new charter for the town of Washington, Ga., and for the repeal of all conflicting laws, and for other purposes, and they direct me to report same back to the Senate, with the recommendation
that it do pass.

~ Respectfully submitted.

C. H. BRAND, Chairman.

216

JouRNAL OF THE SENATE.

Mr. Brand, chairman of Committee on Corporations, submitted the following report:

Mr. President:

The Committee on Corporations have had under consideration the following bill, by Mr. Rockwell of Chatham county, to wit:

A bill to be entitled an act 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 of corporate powers and privileges to navigation companies by the Secretary of State, and for other purposes, and they direct me to report same back to the Senate, with the recommendation that it do pass.

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. 'Vilson, acting chairman of the Committee on Gen-eral Judiciary, submitted the following report:

M1. President :
The General .Judiciary Committee have had under consideration the following bill by Mr. Wilson of the Fifth District:
A bill to be entitled an act to amend the charter of the city of Waycross, in the county of Ware, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.
They have also had under consideration the following bill by Mr. Wade of the Seventeenth District:
A bill to be entitled an act to require and provide for the registration of the legal voters of Screven county, to provide a penalty for the violation of the same, and for other

FRIDAY, NOVEMBER 23, 1894.

217

purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass as amended.
They have also bad under consideration the following bill by Mr. Wade of the Seventeenth DiRtrict:
A bill to he entitled an act to amend and alter paragraph 2, section 2, article 7 of the Constitution, designated iu the Code of Georgia as section 5182, and they direct me to report this bill back to the Senate, with the recommendation that it be read the second time and recommitted.
They have also had under consideration the following bill by Mr. Stll.rr of the Forty-second District :
A bill to be entitled an act to authorize the se,eral J tidges of the Superior Courts of this State to bear and determine in vacation any matter which does not requir~ the intervention of a jury, without any order in term time being passed in regard thereto, and they direct me to report the same back to the Senate, with the recummendation that it do pass by substitute.
Respectfully submitted. LEON A. \\7 ILSON, Chairman p1o tem.

Mr. Harris, chairman of the Committee on General Judiciary, submitted the following report:
M1. P1'esident :
The General Judiciary Committee have bad under consideration the fbllowing hill by Mr. Venable of the Thirtyfifth District :

A bill to be entitled an act to authorize insurance brokers to place insurauce on property of citizens of this St-ate in fire in'3urance companies not licensed or authorized to do business in tl)is State; to prescribe penalties for violation of the

218

JOURNAL OF THE SENATE.

same, and for other purposes, and they direct me to report the same back to the Senate, with the recommend<.ttion that it be read the second time and recommitted.
~speatfully submitted. N. E. HARRIS, Chairman.
The Hon. Lionel C. Levy of Columbus, Ga., the Hon . James M. DuPree, and the Hon. H. H. Carlton were invited to seats in the Senate during their stay in the city.

Mr. Bussey, Chairman of the Joint Committee on the part of the Senate to investigate the status and claims of the Middle Georgia Military and Agricultural College, under joint resolution, submitted the following report:
Mr. President:
The Joint Committee appointed by the Honse and Senate to inquire into the status and claims of the Middle Georgia Military and Agricultural College beg leave to report that they have performed the duties imposed upon them by the resolution adopted, and beg leave to submit the following as their report:
1. The college was created under act 1879, and organ. ized regularly under the terms of the act, said organiza-
tion being perfected by Local Board and Trustees of State University as a department of State University
2. That there was an implied agreement by the Trustees of State University, under the terms of the act of 1879, that if the city of Milledgeville donated $2,000 per annum for the payment of teachers, that there should be a department of the State University maintained by the State at Milledgeville. We find that the city has 1:omplied with said contract, and in addition erected a $12,000 dormitory which will house one hundred cadets.
3. We find that the property committed and lent by the State to the Trustees of the University was ass.essed and

FRIJ>AY, NOVEMBER 23, 1894.

219

valued at $55,000 at the time the capitol was moved from :Milledgeville, and that said property bas been kept in good repair, the State having expended since said time $5,000 in repairing the same, and that said property is now in better condition for school purposes than before. Your committee is not in a position to report the exact market value of said

property.

4. We find that the first day of January, 1894, the capitol building was destroyed by fire, and that since said time the insurance companies, by and with the consent of the authorities of the State, have rebuilt and remodeled said building, and the same is now in splendid condition for school purposes; and we further find that said college i~ efficient in its branches, and that said college is now in a better condition to do efficient service to the State than ever before, and we therefore recommend that the State make an appropriation eufficient to maintain the same, in connection with the annual appropriation from the city of :Milledgeville.

Respectfully submitted.

J. B. BussEY, Chairman.

Mt. McClure, chairman of Committee to Examine and Report on the Georgia School for the Deaf, submits the following report:

Mr. President:
. Your committee, together with the committee from the House, visited above named institution and made as . thorough an examination as was practicable. We find the general management of the school entirely satisfactory.
We find in the school eighty-eight whites and thirty-two colored. We find the average. attendance for last year was one hundred and seven, and for this year it is one hundred and twenty-seven.

220

JouRNAL OF THE SENATE.

We find the children in the various departments well fed, well clad, and well cared for in every respect.
We find the sanitary conditions of the building and grounds good except in the school building. We find no water-closets, but find water-mains laid to the building and also an opening for sewerage from the building, and we recommend that these closets be put in the building. We find on the grounds an old water-closet for the use of the boys, with no sewerage from it. We therefore recommend that a suitable building be erected where the old waterclosets now stand. The said closets to be furnished with water-mains, there beiug complete arrangements for this; only pipes to be laid. And to do this work, we recommend an appropriation of $500.
\Ve examined the books of the secretary and treasurer, and found them neatly and correctly kept, with proper vouchers on file fi>r all moneys received and expended.
\Ve find the dormitories in good condition. The school building we find in good condition, except the roof and fire-escapes,. and we recommend an appropriation of $250 for the repair of the same.
W c find the work shop nearing completion. Thi;;;, when finished will be a suitable building for the purposes intended.
For the support and maintenance of the school we recommend an appropriation of $20,000 per annum.
We commend the officers of this institution for their faithfulness in the discharge of their duties, and congratulate the State in having such officers in control of the Bchool.
Respectfully submitted. W. H. McCLURE, Chairman.
On the call of the roll for the introduction of new matter the following bills were introduced, read the first time, and n~ferred a!' indicated, to wit:

FRIDAY, NOVEMBER 23, 1894.

221

By Mr. Brand-
A bill to consolidate the offices of County Treasurer and Ordinary for the county of Gwinnett, and to authorize the Ordinary of said county to discharge the duties of the office of Treasurer thereof, to fix his fees therefor, and for other purposes.
Referred to General Judiciary Committee.
By Mr. Boyd-
A bill to allow the jury in a criminal or civil action to inspect the real or personal property, the subject of litigation, or the place in which any material fact occurred, or where the offense was committed.
Referred to General Judiciary Committee.
By Mr. Harris of the Twenty-second District.
A bill to amend the charter of the City of Macon so as to confer additional powers on the Mayor, to change the term and compensation of certain officers, to prescribe and define more clearly the relation between the Commission and the Mayor and Council, to grant certain rights and powers to the corporation, and for other purposes.
Referred to .Committee on Corporations.
By Mr. SharpeA bill to prescribe a salary for the Tax-Collector and
Receiver of Tax-Returns of Carroll county in lieu of commissiOns. Referred to General Judiciary Committee
By Mr. Roberts--
A bill to authorize females to hold certain civil offices and perform certain civil functions in this State, and for other purposes.
Referred to the General Judiciary Committee.

222

JoURNAL OF THE SENATE.

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

Jfl. President :
The House has passed, Ly the required constitutional majority, the following bill.-,;, to wit :

A bill to be entitled an act to amend an act to systematize the finances and increase the efficiency of the common schools by providing for the direct payments into the State Treasury, and for other purposes, approved December 21, 1893.

Also, a bill to be entitled an act to appropriate the sum .of $500, or so much thereof as may be necessary, to pay pensions for 1894 to aU maimed Confederate soldiers regularly enrolled in the Executive Department who are entitled thereto under the law, and who have failed to receive .same, and for other purposes.

Mr. Mercer, chairman of the Committee on Engrossing, submitted the following report :

Mr. President:
Your committee have had examined the following Senate bills, and I am directed to report the same to the Senate .as properly engrossed and ready to be transmitted to the House of Representatives, to wit:

A bill to be entitled an act to amend section 2183 of the Code of 1882, etc.

Also, a bill to be entitled an act to declare how corporations, mining or joint stock companies may answer summons of garnishment, etc.

SATURDAY, NovEMBER 24, 1894.

223

Also, a bill to be entitled an act to amend an act to revive the office of State Geologist, etc.

Also, a biii to be entitled an act to amend an act entitled an act to amend section 3719 of the Code of 1882, and for other purposes.
Respectfully submitted. J. E. MERCER, Chairman p1o tem.

The following biils of the Senate were read, on motion, the second time and recommitted to the Gemral Judiciary Committee, to wit:

A bill to authorize insurance brokers to place insurance on property of citizens of this State in fire insurance companies not licensed or authorized to do business in this State, to provide penalties for violation of same, and for other pur- poses.

And a bill to amend paragraph 2, section 2, article 7 of

the Constitution of this State.



The bill of the House to amend an act to systematize the finances and increase the efficiency of the common schools, etc., was read the first. time and referred to the Committee on Education.

Mr. Boyd, chairman of the Committee on Temperancf:', submitted the following report :

Mr. President :
\
The Temperance Committee have had under consideration a bill by Mr. Lumpkin of 'the Forty-second District, to be entitled an act to prohibit the corporate authorities of the town of Summerville, in the county of Chattooga, from issuing license to sell spirituous or malt liquors, and for

224

JOURNAL OF THE SENATE.

other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass by substitute.

Respectfully submitted.

M. G. Bovn, Chairman.

The following Senate bills were read the second time and one hundred copies of each ordered to be printed for use of the Senate, to wit :
A bill to regulate the law of assignments for the benefit of creditors, and for other purposes.
Also, a bill to provide for the appointment of auditors, etc., and for other purposes.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend the act regulating municipal elections in Savannah.
The report was agreed to.
The bill was read the third time and passed; ayes 30, nays 0.
The Senate took up the report of the Committee on Temperance on the bill of th~ Senate to prohibit the corporate authorities of the town of Summerville, in Chattooga county, from issuing license to sell spirituous or malt liquors, and for other. purposes.
The committee reported in favor of its passage by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed as amended by substitute ; ayes 28, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to abolish the County Court of Elbert county, and provide for the transfer of the

SATURDAY, NovEMBER 24, 1894.

225

books, papers, and unfinished business of said court to the City Clerk of said county.
The report was agreed to.
The bill was read the third time and passed; ayes 31, naysO.
The following bills of the Senate were read the second time and passed to a third reading, to wit:

A bill to authorize the several J ndges of the Superior Courts of this State to hear and determine in vacation any matter which does not require the intervention of a jury, without any order in term time being passed in regard thereto.
Also, a bill to amend the charter of the city of Waycross, in Ware county, and for other purposes.
Also, a bill to decrease the tuition required of non-resident students of the State Technological School, and for other purposes.
Also, a bill to require and provide for the registration of the legal voters of Screven county, and for other purposes.
The joint resolution of the Senate authorizing James A. Green, of Milledgeville, Ga., to act as agent of the State in collecting sums due by the United States to the State of Georgia, was read the second time and passed to a third reading.
The following bills of the House were read the first time and referred as indicated to wit:
A bill to appropriate five hundred dollars, or s~ much thereof as may be necessary, to pay p.ensions for 1894 to maimed Confederate soldiers, etc., and for other purposes.
Referred to Committee on Finance.
las

:226

JOURNAL OF THE SENATE.

Also, a bill to make penal the offense of slander or oral -defamation, and for other purposes.
Referred to General Judiciary Committee.

Also, a bill to regulate admission to the bar.
Referred to General Judiciary Committee.
On motion of Mr. Sharpe, it was ordered that when the Senate adjourns this day it will adjourn until 10 o'clock A.::.~., Monday.
Leave of absence was granted Mr. Brand for a few days .on important business.
The following bills of the House were read the second time and pa!:ised to a third reading, to wit:

A bill to provide for and require the registration of all voters in the county of Monroe, and for other purposes.

Also, a bill to change the time of holding the Spring Term of the Superior Court of Pulaski county, and for other purposes.
Also, a bill to provide a uew charter for the town of Washington, Ga., and for other purpose'!.
Mr. Broughton introduced the following resolution, which was taken up, read and agreed to, to wit:

Resolved, That the Committee on Rules be requested to return the Legislative Manual to the State Printer, with instructions to place the names of the Doorkeeper and Messenger in the list of officers of the Senate.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock
A. M., Monday next.

MoxDAY, NovEMBER 26, 1894.

227

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, November 26, 1894, 10 O'clock A. M.

The Senate met pursuant to adjournment, the President presiding.

Prayer was offered by the Hon. Mr. Brown, Senator from the Thirty-ninth District.

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

Beeks, Broughton, Bussey, Boyd, Brown, Cumming, Craigo, Harris of Twelfth, Harris of 22d, Harrison, .Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, Monro, Morton, McGarity, McClure, Norman,

Roberts, Sheppard, Sanford, Starr, Tatum, Upchurch, Wilson, Wilcox, Williams of 25th, Williams,of 36th, Mr. President.

Those absent were Messrs.-

Bush, Brand, Harris of Third, McGregor,

O.~borne,
Ryals, Story,

Snead, Sharpe,_ Wade.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct.

It was then read and confirmed by the Senate.
Mr. Beeks, chairman of the Committee on Education, submitted the following report:

M'r. President :
Your committee have had under consideration the following House bill, by Mr. West of Lowndes, which they

228

JOURNAL OF THE SENATE.

instruct me to report hack, with the recommendation that the same do pass, to wit :
A bill to be entitled an act to amend an act to systematize the finances and increase the efficiency of the common schools by providing for the direct payments into the State Treasury all moneys belonging to the common school fund and the use of the same for common school purposes only, for quarterly apportionments and disbursements of a common school fund for quarterly payments of teacherR, for making the school year coincident with the fiscal year, and for other purposes, approved December 21, 1893, so that public schools may be operated between January 1st and July 1st of any calendar year, and requiring that $300,000 shall be advanced each and every year to the school fund out of other money in the Treasury, and for other purposes.
Respectfully submitted. WALTER C. BEEKS, Chairman.

The fol1owing message was received from the Hou:se through Mr. Hardin, the Clerk thereof:
il'lr. President: The House has passed the following hills of the House by
the requisite majorities, to wit:
A bill to establisll Boards of Medical Examiners for the State of Georgia, to define their duties and powers, and for other purposeR.
Also, a bill to amend section 1319 of the Code of 1882, so as to change the time of electing county officers.
The House has also adopted the following resolution, to wit:
A resolution providing for indexing the Journals of the House of Representatives and the Senate for the sessions of 1894 and 1895.

MoNDAY, NovEMBER 24, 18~4.

229

The House has also concurred in the fi)llowing resolution of the Senate, to wit :

A. resolution to appoint a joint committee of three from the Senate and five from the House to visit the State University and inspect the buildings arid grounds and report to this General Assembly at an early date.

The Ron. James P. walker, of 'Vebster county, and Colonel John P. Shannon were invited to seats in the Senate during their stay in thiscity.
Also, Hons. W. W. Morrell and W. W. Felts, of Carroll county, and the Hon. W. E. Wooten were tendered seats in the Senate during their visit to the city.
Mr. Cumming, of the Eighteenth District, chairman on the part of the Senate of the Joint Committee on the Relief of the Supreme Court,snbmited the following report:

.Jlr. President:
The Joint Committee appointed on the Relief of the Su- preme Court have had under consideration Senate Bill No. 38, by Senator Harris of the Twenty-second District, to amend and regulate tht:! practice concerning motions for new trial and bills of exceptions, etc., which they direct me to report back, with the recommendation that the same do pass by substitute.
The committee has also had under consideration Senate Bill No. 51, by Senator Mercer of the Ninth District, in reference to the mode of disposing of small cases by the Supreme Court, which. they direct be reported back, with the recommendation that the same do not pass.
The co~mittee has also had under consideration House Bill No. 20, by Mr. Bailey of Spalding, to amend the Constitution so as to increase the nnmber of the J ndges of the

230

JouRNAL oF THE. SENATE.

Supreme Court, and the committee report that though they consider an increase of the number of Judges ripon the Supreme Court a crying necessity and necessary for the most efficient administration of justice in the State, nevertheless, as this question has only recently been submitted to the people of the State, with a result adverse to the increase, it is deemed advisable not to immediately resubmit the same question, therefi)re the committee reports the bill, with the recommendation that the same do not pat'ls.
Respectfully submitted. BHYAN GG)niiNG, Chairman.

Mr. Wilson, chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing have examined and find properly engrossed and ready to be transmitted to the House of Representatives the following Senate bills, to wit:
A bill to be entitled an act to amend the act regulating municipal elections in Savannah.
Also, a bill to be entitled an act to prohibit the corporate authorities of the town of Summerville, in the county of Chattooga, from issuing licenses to sell liquor, etc.
Also, a bill to be entitled an act to provide for the registration of votes in Harris county.
Respectfully snbmitted. LEON A. WILSON, Chairman pro ter11.

The following bills and joint resolution from the House were read the first time and referred as indicated, to wit:
A bill to amend section 1319 of the Code of 1882, so as to change the time of electing County Officers from the

MoNDAY, NovEMBER 24, 1894.

231

first Wednesday in January, to the first Wednesday in October preceding, and for other purposes.
Referred to General Judiciary Committee.
A bill to establish Boards of Medical Examiners for the State of Georgia; to define their duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery; to regulate the issuing and recording of licenses; to prescribe penalties for the violation of this act, and for other purposes.
Referred to General Judiciary Committee.
Also, a joint resolutio~ providing for the indexing of the Journals of the House and Senate for the years 1894 and 1895, and to make appropriations therefor, ete.
Referred to Finance Committee.

The bill of the House to amend an act to systemize the finances and inerease the efficiency of the common schools, etc., and for other purposes, was read the second time and passed to a third reading.

On motion of Mr. Harris of the Twenty-third District, the Senate took up the report of the Special Judiciary Committee on the bill of the House to provide for and require the registration of all voters of the county of Monroe ; to provide for penalties for the violation of the same, and for other purposes.
The committee reported in favor of its passage with an amendment.
Mr. McGarity proposed to amend the report of the committee so that the bill will read : That there shall be established by the Ordinary in said county a voting pre~ cinct in each district in said county.
This amendment was lost.

232

JouRNAL OF THE SENATY.;.

The report was agreed to. The bill was read the third time and passed as amended ; ayes 27, nays 1.
The following communication was received from his excellency, the Governor, through his Secretary, Mr. Warreu, to wit:

Mr. Pres-ident :
I am directed by the Governor to deliver to the Senate a communication in writing :
On motion of Mr. Lewis, the message of the Governor was taken up, read as follows, and three hundred copies were ordered printed for the use of the Senate, to wit:

MoNDAY, NovEMBER 26, 1894.

233

I

ATLANTA, GA., November 26, 1894,.
Members of the General Asse:mbly:
I desire to call your attention to some matters which, in my opinion, deserve consideration, and which I submit to you to be acted upon as, in your judgment, yon may deem
WISe.
As reports from the various departments of the State have been laid before you. I shall not now make any sug gestions which call for special legislation in relation to any of the departments of the government which are required to report to the General Assembly, but ~hall leave you, in the light of reports made, to enact such legislation as, in your opinion, is necessary to properly sustain them and to provide for the exercise of economy in the transaction of the business of each of them.
OUR JUDICIAL SYSTEM.
I call the attention of the members of the General Assembly to the great need of reform in our judicial system. Onr present system is the same that was adopted in the ~arlier history of the State, and is now distinctively a pioneer system; it is not abreast with the times, nor does it adequately meet the demands which the condition of society and of business makes upon it. Our judicial system is antiquated ; the machinery of our courts needs to act n10re ~asily and with greater promptness.
It cannot b<.' denied that the rate of interest paid in Georgia is two or three times higher than in some other States of the Union, largely because men who have money t_o

234

JouRNAL OF THE SENATE.

invest prefer to put it where collections are more certain, and where the courts can be relied upon to bring their cause to a prompt hearing. A dollar paid as interest in Georgia is worth to the money-lender in New York, New England, or Europe, just as much as a dollar paid as interest in any other State. Men do not bring money hP.re to lend at as low interest rate as in some other States, because it is not to their interest to do so. When our sureties are safe and unquestionable, and our courts act promptly upon causes, money will be. as cheap in Georgia as in New York. As a penalty inflicted because this is not true, our people are paying, in high interest and exorbitant credit prices, an immense tribute. It is, therefore, to the advantage of the people that our laws be so adjusted that they will aid in bringing down the rate of interest in this State, which would inevitably result in a large saving to our people, in bringing to Georgia a greater volume of money, and in giving impetus to the growth of her enterprises. A properly constituted judicial system can aid in the accomplishment of this result, and secure all other purposes for which courts are established.

EQUALIZE THE WORK OF JUDGES.
I will not now enter upon a detailed statement of what I believe these rerorms should be, because, in my judgment, there is one step that should be taken as preliminary to this. The work of the judges in Georgia is notoriously unequal. In some circuits the jury work done by the judges will probably cover not more than twelve weeks in the year; in others, the jury work itself will approximate forty weeks. I most respectfully urge upon the General Assembly that a committee be appointed to investigate and report, at your next annual session, on the amount of work done in each juciicial circuit, and also to report by bill how this can be equalizeci. When this work has been sue-

MoNDAY, NovEMBER 26, 1894.

235

cessfully accomplished, the initial step will have been taken which, I trust, will lead to a readjustment of our judicial system, so as to conform to the demands of our commerce and of our civilization.

REPORTS FROM THE COURTS.
The courts are an important part of our government, and yet there is no means by which the General Assembly or the people of the State can ascertain how business in them is being dispatched in the various judicial circuits. At el\(lh meeting of the General Assembly the representatives of the people should be able, by reference to the records of the proper department, to ascertain how this part of the public work is being transacted, and what has been accomplished within the twelve months preceding. I therefore recommend that an Act be passed requiring the Clerk or each Supe'rior Court in this State to transmit to the Secretary of State, thirty days prior to the convening of the General Assembly, in each year, a statement showing the number of cases on dockets, how many of these cases have been in court longer than three years, and how many have been disposed of with trial by jury, and how. many in chambers or by dismissal within the twelve-month just preceding the making of the report. This report should be kept on file by the Secrewry of State, and a summary of it for each judicial circuit should be printed and laid before the meml)ers of the General Assembly.

REVISION OF THE CRIMINAL LAWS.
I respectfully urge upon the members of the General Assembly the necessity for a prompt revision in the penal laws of this State. The necessity for this will not he questioned by any one who will study them and look closely
all to the character and gravity of offences which are now

236

JOU'RNAL OF THE SENATE.

puni!!hed as felony. The last General Assembly took hold of this question and acted upon it, in the House, with practical unanimity, in the passage of a bill introduced by Honorable ,John I. Hall, which, for some reason, failed to pass the Senate. The penalties imposed under our law are m many instances too harsh, and I respectfully urge that you revise them in a spirit of justice and humanity. In numerous casef' the law demands punishment for a felony when the offence should, in the discretion of the judge, or the jury, be punished as a misdemeanor under section 4310 of the Code.

COUNTY CHAIN-GANGS.

I desire to join my predecessor in asking that the county chain-gangs be broughL under the supervision of the Penitentiary Department of this State, and that, to enable thts to be done, you give to the Penitentiary Depa-rtment an additional officer. That so large a part of our citizens, who have been deprived of their liberty by the courts of the country, should in many instances be left to the mercy of private individuals to whom they are intrusted without the supervision of a public officer, is a reproach to our people which I trust will not be permitted longer to exist. I cannot more strongly urge 'this upon you than to say that I most heartily commend what was said by my honored predecessor upon this subject. Ifeach member of the General Assembly will read what he so clearly, forcefully and wisely says in the message transmitted to youjnst before he retired from office, I feel confident that th\s great evil will be corrected, and our State relieved of this stigma upon her honor. Whether the convicts are in control of' local authorities or in other hands, the duty to provide for State supervision is urgent. Our delay in meeting this duty is. not to the credit of our character as a people.

MoNDAY, NovEMBER 26, 1894.

237

CHANGE OF VENUE.
I recommend that the law providing for a change ot venue in criminal cases be so amended that the Judge of the Superior Court may, in his discretion, change the venue of any case without first examining all persons in the county liable to serve on juries, when, in his opinion, the condition of the public mind in the county where the offence is committed is such that a fair trial cannot be had, and that such removal of the case be permitted at the instance either of the State or of the defendant.

REWARDS.
I recommend that section 58 of the Code be so amended as not to fix the amount of the minimum reward that the Executive is required to offer where offence charged is ginhouse burning, and that the amount of the reward in each case be fixed by the Executive, subject to the other limitations in said section.

PE~SIONS.
In the recent election, the people ratified the amendment to the Constitution which provides that the Legislature may pension a class of veterans not h~retofore pensioned in this State. TJp to this time, the State has pensioned only those veterans who were disabled in the Confederate service, or whose disability is a result of such service~ In the amendment to the Constitution to which I call your attention, you are authorized to pension also those. Confederate Roldiers who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living fi.lr themselves. It matters not, you will readily understand, whether this poverty is traceable to the war or not. In carrying into execution this provision of law, I ask that you provide liberally for

238

JoURNAL OF THE SENATE.

all worthy applicants, prevent any of the old heroes from dying in want, and yet that you do not enter upon a wasteful pension policy. This amendment is supplementary to the Battle Bill, a law passed by the General Assembly, and which can be found on page 118 ofthe Acts of 1893. I therefore suggest that you take such steps as yon may deem advisable to get thorough information as to the workings and operations of this statute, and as to the probable number of pensioners who would be entered upon our pension rolls Qn account of the legislation carrying into effect the provisions of this amendment, and that when such information has been obtained, you act upon that suhject in such a manner as to deal justly with the tax-payers and meet fully and generously the needs of that class of our honored fellow citizens whom the generous people of Georgia intended to aid by authorizing you to enact such legislation.

SHOULD CORRECT THE EVILS OF THE FEE SYSTEM.
To remove our officers from unnecessary temptation, provide just compensation for them, and effectually prevent a wasteful extravagance in the expenditure of public moneys paid as fees for public service, I earnestly recommend that the General Assemby have instituted an inquiry into the compensation of such State officers as are paid in part or in full by fees, and to report by bill, or bills, fixing the eompensation of such of said officers as are receiving sums in excess of the value of the services rendered. This matter is worthy of your serious attention. I earnestly ask that you correct such evils as have grown out of tbe fee system.
BALLOT REFORM.
Under the election laws now of force in this State, it is in the power of every man to see that his vote is counted !!.~'~

MoNDAY, NovEMBER 26, 1894.

239

cast. There is a certainty that under this system the real result of an election can be ascertained, and the will of the people declared as expressed in an election. While this is true, the process of contesting, where there is no registration law and no requirement that men shall vote in theit own districts, makes the matter of a contest a herculean task. While the right of the legal voter to have his vote counted as cast is secure, it is an extremely difficult matter to purge the ballot box ofillegal votes. I therefore urge upon yon the necessity of changing our election laws, and providing a system wherein any unfair or fraudulent practices may he easily detected and effectively prevented. I cannot too strongly impress upon you, however, the necessity ol deliberate action in this matter. Let it be done after a thorough study of the election systems of other States, and when the mind of the General Assembly is mature and .clear as to what system can be best adapted to the necessities of the case, and will be satisfactory to a people with the ideas and customs of the people of Georgia.

COMMON SCHOOLS.
It is hardly necessary for me to urge upon you the necessity of meeting the troubles which are now confronting the common school interests of the State, as I know you will do this promptly and wisely; but in addition to this, I respentfully urge that you look to all our educational interests and .make it the duty of the State School Commissioner to visit the higher educational institutions of-this State and, a:s far as possible, the high schools and pnblic schools of the various towns and cities of the State, and require that a short and succinct report on the University and its branches be e~bodied in his annual report to the General Assembly.
It should be the dnty of the State School Commissioner

240

JouRNAL OF THE SENATE.

to endeavor to systematize all of our educational interests, harmonize and form of them one perfect and complete system.
NORMAL TRAINING.

I am gratified to know that the people of the State now recognize the value of normal training, and am also gratified to be able to report that the work of the normal department of the Georgia Normal and Industrial College at Milledgeville, is progressing satisfactorily, and resulting in immense good to the common schools of the State. The great disadvantage that the Normal and Industrial College is now labot"ing under, and which is seriously embarrassing it, in all its departments, is a want of sufficient buildings, both for class-rooms and for the boarders. The State can make no wiser investment than to make an appropriation to supply the needed buildings. I herewith transmit to you, as a part of this message, a letter written by J. Harris Chappell, President of the Georgia Normal and Industrial College, urging the necessity for additional buildings. The arguments stated by him are clear, strong, and convincing. I concur in what he says, and most respectfully ask that this appropriation be made.
The work being carried on by this institution is important to the State, not only because it adds to the general intelligence of the people in the education given to the individuals who attend, but it prepares our women for new fields of usefulness, for becoming independent bread-winners; and equips our young women to become efficient and successful school teachers, thereby carrying its benefits to the children of the State and giving new impetus to the advancement of our commons schools. There are so few vocations open to our women in Georgia that the State can do no better work than to prepare them thoroughly for those to which they are now admitted. She has

MoNDAY, NovEMBER 26, 1894.

241

so thoroughly demonstrated her fitness for the schoolroom

that the tendency, not only in Georgia but all over the United States, is to leave this field chiefly to woman. The

best equipped schools in this State are those which are being

operated under local systems, where the local tax raised,

supplemented with the State schof,l fund, is sufficient to

properly sustain the sehools. Of the thirty-two local sys-

tems in Georgia, I have at my command only the statistics
of t.he number of teachers in twelve. Out of 456 teachers
in these twelve schools, 096 are women and 60 men; 87 out of e~ery 100 of these teachers_ are, therefore, women.
I have obtained statistics as to the proportional numbers of

male and female teachers in several of the States of the

Union.

Maine ___________ _

FE~IALES.
84

:New Hampshire ____________________ _ 91

Vermont ___________ _

88

Massachusetts__ ________ .. _____ _ 91

Rhode Island_ _ ___ __ _ _ _______ .

88

Connecticut __ _ _ __ . ___ _ _________ _ 87

NewYork __________________ _ H3

:New Jersey _________ _

82

District of CJlumbia __ .

87

~!ALES.
16
912:
9 12
13.
17 18 13

To further illustrate this idea, I give you some figures

showing the sex of those who are attending some of the leading normal schools of the country:

~-E~lALES.
Massachusetts (all told) __ _ ____ _ __ 996

Connecticut (all told) _____________ . _ -!01

Cook Great

Co. Normal School, School, Inglewood,

Parker's .. _ Ill _ _ _ __

t
J

]9.5

Califernia (all told) _______ .. _________ _ 98.5

Louisiana (all told) __ __ __ _

122

1 :New Jersey (State Normal __________ _ ;305

:New York (all told) ______ -"- _____ ~ __ _ 4,154

Peabody Normal College, Nashville __ _ 190
168

~lALES.
42 1
20
110 18 31
788 72

242

JOURKAL OF THE SEXATE.

Without attempting to justify or approve the practice, I state as a fact that where men and women are each equally qualified to do work in the school-room, that, on account of the few vocations open to women and the multiplicity of applicants for each position which they can fill, to do the same work woman can be employed for much le~>s money than man. Leaving out of question all higher and nobler considerations and looking at it from an economical standpoint alone, it cannot be denied that it is good policy on the part of the State to spare neither pains nor money in the education of our daughters for work in the schoolroom.
Two things are necessary >r the perfection of our common schools; one is thoroughly equipped teaehers, and the other is money to pay them, that they may be induced to enter into the business of teaching. Until these two wants are supplied, our educational interests must fail to accomplish the desired result.
The power of any section, of any people, is measured by the productive power of individuals. The uneducated and unskilled laborer who earns but fifty cents per day brings into circulation-adds to the wealth .in existencehut one hundted and fifty dollars per annum, while the skilled laborer who can earn five dollars per day addr: to the wealth of and brings into circulation in the community where he lives, fifteen hundred dollars per annum. One such skilled citizen creates in one day as much wealth as is created by ten of his unskilled neighbors. To properly utilize this great factor in the distribution of wealth, we must educate our people thoroughly, increase their productiveness, and thereby increase the products, the wealth and the powet of the State. The words "Normal and lndusttial" in the name of this instiution, clearly indicate the scope of the work done by this school, and are sufficient to commend it to all who desire to foster the material and intellectual growth of our belo,ed State.

MmmAY, NOVEMBER 26, 1894.

243

THE UNIVERSITY.

To advance the educational interests of the State is Ly far the greatest work within the reach of the State government. The U nivctsity at Athens, the School of Technol~>gy, the common schools, and every department of our ~ducational interests should receive your aid and the fostering care of the State. They are not beggars. Money wisely spent upon them is not waste, nor is it a gratuity; it is the best investment which the State can make. The proper support of them is essential to the progress, the <levelopment and the dignity of our State and to the intellectual gteatness of our people. The quantity of wealth .and happiness which the future will bting to thi;; people depends upon the character of the education which they .are to receive. The power and prestige of this people in tnoulding the thought and formulating the policy which guide and control this natio-n depends upon the course pursued in developing the brain of our people. We cannot look to philanthropists, we cannot look to rich men for the sustenance of our educational institutions, because the {)Olossal fortunes from which such aid sometimes comes, do not exist at the South. We must look to the State to . properly sustain our institutions. It is the duty of our State to educate the people and perfect these educational institutions.

THE MILITIA.
I most earnestly recommend and urge that this General Assembly grant the necessary aid and proper encouragement to the military of this State.
The existing condition of nur domestic affairs will un<loubtedly encourage the growth of lawlessue:os and increase those unfortunate occurrences which sometimes make the presence of the military necessary to the enforcement ot

244

JouRXAL OF. THE SENATE

law and the prc:'ervation of peace. The militia is an essential part of the State government.; it is the arm of the Executive upon which he must, as a last resort, rely for the enfi1rcement of law. The existence of an effective militia force is a conservator of the peace, and diminishes the number of outbreaks and the frequency of la,vless acts.

THE EXPOSITION.
In the Exposition which is to be held in Atlanta, in 1895, Georgia has the greatest opportunities which have come to her during het existence as a State.
I recommend that the General Assembly use every effort and all proper means to secure for it an extraordinary success and enable Georgia to attract the attention of the civilized world to her climate, her resources and bet advantages, and reap from it that rich harvest which will ripen for her if you meet the full measure of the obligation which now rests upon you.

NORTHEASTERN RAILROAD.
The disposition of the Nmtheastern Railroad, now in the control of the State, desetves your careful consideration. It is being operated by the State at con~;iderable loss. According to the figures submitted to you in the message of my predecessor in office, it has, under the light expenditure heretofore required for repairs, paid somewhat more than operating expenses, but it.s earnings do nut pay the fixed charges upon the road, and are not sufficient to pay operating expen~es and cancel the interest coupons on bonds of the road indorsed by the State.
That I might ascertain the present physical condition of said road, I engaged Mr. Cecil Gabbett, an expert and able rail way officer, to examine and report to me upon its condition. A copy of his report I transmit to you with this message,

MoNDAY, NovEMBER 26, 1894.

245

and to it I invite your special attention. The report is a most excellent one, and is a clear statement of facts which should be in your possession in dealing with the important questions growing out of the State's relations to this prop-
~rty.
I desire this General Assembly to advise whether. or not this property shall be now sold and, if not, what course should be pursued by the State in its management of it, and what should be done to meet the State's obligation on bonds indorsed by it. It is worthy of note in determining this question, that while but a small amount has been expended in repairs upon the road up to this date, according to the report of Mr. Gabbett, to which I have referred, it will be neceosary to expend during the next year a sum considerably in excess of that expended during this last year.
I ask you, also, to inquire into the condition and value of that part of the road (upon which the State also has a daim to secure the bonds indorsed by it) lying beyond Lula and reaching to Tallulah Falls. I most respectfully ask that your honorable body institute inquiry, and give me .such advise as you may deem wise, as to what course the State should pursue with reference to the part of the road in question.
In pursuance of my official duty, I submit these suggestions to you, the representatives of the people, whose prerogative it is to enac~ legislation, to perfect our laws, promote our growth, and advance our civilization, and leave them to be dispoSed of by you, as in your wisdom you may believe to be to the best interests of the State.
\Y. Y. ATKINSON, Governor.

246

JOURNAL OF THE SENATE.

MILLEDGEVILLE, G_~., November 8, 1894.
Hon. lV: Y. Atkinson, Govanor of Georgia, Atlanta, Ga:
MY DEAR SIR-Allow me to ,call your attention to the urgent necessity of an additional dormitory building for the Georgia Normal and Industrial College. The present dormitory is totally inadequate to the needs of the school. We usually have in attendance over th re,e hundred boarding pupils. The dormitory will accommodate only a hundred and eighteen, and so two hundred or more o.f ourstudents are compelled to board out in private families in different parts of the town. This arrangem~nt, especially in a girls' school, is Yery objectionable on se,eral accounts. In the dormitory the cost of living is much less and the discipline much better than it is possible to have in a private boarding-house.
I have been forced, during the past year, to tul'll off from the dormitory for want of room considerably more than three hundred applicants. Many of these, when they found that they could not get into the dormitory, secured board in private families, but a Yery large number, who were unable to come unless they could get the low dormitory rates of board, were, on this account, turned away from the school entirely. Thus it happens every year that scores of poor, but earnest and noble young women from all parts of Georgia, who are anxious to come tothis school, are turned away from its doors, simply because the State has failed to provide a house for them to live in. This is the very class of girls and young women for whom the school was established, and it is a pity that they should be deprived of its privileges from such a cause.
Board at the dormitory, including fuel, lights, and washing, costs only $9.50 a month, while in private families it
a costs $13.50. By very accurate calculation, I find that

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if all the students who attended our college last session could have been accommodated in tlH~ dormitory, it would haYe saved them in board, in the aggregate, $7,980.00. This savin; would mean a great deal fur our students, because nearly all of them are poor girls or girls in very moderate circumstances whose parents and hiends have to practice great self-denials to send them to this institution.
Besides the greater cheapness of boarding at the dormitory, it. is on se,eral other accounts infinitely better for the students than bomding out in town in private families. Even in the best regulated private boarding-houses, it is impossible to maintain the excellent discipline, the regular habits ani:l hours, and the Hystematic domestic training that we have at the dormit01y. Furthermore, it is of the highest importance that girls and young women attending school away from home in a town of strangers should be a part of the household of the president of the school, and should be at all times under the constant watchful care of the teachers and officers of the school. 'rhere is probably no other female college in America where the. students are compelled to hoard out in various boarding-houses, in different parts of the town. So strong is the feeling against this plan, that I am constantly receiving letters fmm citizens in all parts of Georgia saying in effect: "I am anxious to send my daughter to your school, but positively will not do so unless she can be taken into the dormitory nuder your direct care and supervision." To be responsible for the deportment of two hundred young girls scattered over a large town in a score or more of boarding-houses is an appalling duty, and one that should not be imposed upon auy principai or corps of teachers. The States of Mississippi, North Carolina, and Sonth Carolina have established State Girls' Normal and Industrial Schools precisely simi. Jar to ours, and in each case the State has provided at great .~ost rlormitories large enough to acco"mmuclate all pupils

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from a distance. Shonld~Georgia do less for her daughters than these States ba,e done for theirs?
Speaking of the cost of dormitories reminds me to say that the present dormitory of the Georgia Xormal and Indnstrial College has cost the State practically nothing. The old governor's mansion, which was entirely useless to the State and which was fast going to ruin, was turned over to the school for dormitory purposes. \Vith money derived from the matriculation fee~ of students, and not from the State, the building was sufficiently repaired to make it habitable. Subsequently a large annex costing $12,000 was added to it, hut the money was donated for the purpose by the city of Milledgeville, and it did not cost the State one cent. When this college was established only three years ago, it was ~omewhat in the nature of an experiment. It was a progressive and aggressive step in the education . of Georgia women. It has proven a wonderful success. It has surpassed the best expectations of its most sanguine friends. No other college in Georgia, male or female, has ever been so largely or so widely patronized by the people of the State. We enroll every year from three hundred and fifty to three hundred and seventy students, ninety per cent. of whom are boarding pupils. Last session we bad representatives from one hundred counties in Georgia, and this session we shall go beyond that. Our students come mainly from the farming class of people and from the rural districts where good schools are scarce. They are a wonderfully earnest lot of girls, who come here for the purpose of preparing themselves to earn their own livelihood. Although the school bas been in existence only three years, over two hundred of its former students are now making, or have been making, their living by means of one or another of the professions or industrial arts that they have learned in this institution. Our proficients and graduates may be found in various parts of Georgia, and in other States,

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working successfully as stenographers, bookkeepers, dressmakers, and school-teachers. I would lay special stress upon the splendid and beneficent work being done by our normal department. There are now one hundred and seventy-five young women in attendanee upon that department, and they will nearly all become teachers in the common schools of Georgia, and they have come here to prepare themselves for that work; seventy-two of them have already had more or less experience in teaching, and ovet sixty of them are paying every cent of their expenses here, with money earned by themselves as school-teachers. Many more young women of this noble class were anxious to come to the college this
session, but were turned away for want of room in the dormitory, and so it. happens every year. I am sure that -during the three years of the life of the school many more than one hundred ambitious young women school-teachers, who were anxious to come here to fit themselves better for
their responsible work, have been turned away simply for want of room in the dormitory. This is a pity, a great pity; and it will be a shame if the State allow.s it to continue to be so. The crying need of the cause of education in Geotgia to-day is better educated and better trained teachers, especially for the common country schools. This need our normal department is already beginning to supply, and it will supply it much more abundantly and much more efficiently in the future if the State will only provide .a roof to shelter the earnest young women who wish to come here to prepare themselves fiJr this noi.Jle work. The Georgia Normal and Industrial College is accomplishing the purpose for which it was established far more -efficiently than is usual with public institutions. It is giving to hundreds of Georgia girls a better, wiser, more practical, and valuable education than was ever known before in any woman's school in the South, and that at a cost so low that a great many poor girls are able to avail them-

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selves of it and develop into a cultured womanhood, who, but for this school, would have remained always in benighted ignorance. It is slowly but surely raising the standard of woman's education. It is equipping many young women with honorable means of making a livelihood. It is supplying Georgia schools with better teachers. To a girl who lives in the dormitory, the entire cost of a year's attendance, including matriculation fee, board, fuel, lights, and washing, is less than one hundred dollars. To those who are compelled to board in private families, it is considerably more than this.
The additional building, of which I have spoken, is absolutely necessary to the continued welfare, growth, and develQpment of the school. With it the attendancE' will be largely increased; hundreds of poor girls, who are unable to come, will be admitted; the cost of attendance will be reduced to a minimum, and many thousands of dollars will be saved annually to the students; they will be better taken care of, and under better discipline and training than is possible with the present system of boarding out in town.
Besides the absolute necessity of more dormitory room, the school greatly needs additional class-room spa~, especially for the Normal Department. The work of this department, the most important in the school, is now greatly cramped and inconvenienced for want of room; so if the new buiding is granted, it should be so constructed as to contain, besides the dormitories, recitation halls specially arranged for the normal work.
We have here one of the best, most practical, and thorough-going normal or teacher-training schools in the Union ; it has been so pronounced by distinguished normal educators who have seen its wQrk and who are familiar with the best institutions of the kind at the North. With the proposed additional building, this work will be rendered still more efficient and will reach a much larger number of

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students.. Our Normal Department shoulcl then, by all means, be thrown open to young men as well as to young women. When we shall have all of our girls together in one dormitory household under the immediate care of the Pre~ ident and teachers, all possible sound objection to the coeducation of the sexes in this department will be removedr and Georgia can have what she has long greatly needed, a . complete, efficient, thorough-going normal college for both men and women, and one that will answer admirably the needs and demands for teacher-training in Georgia. The male students could board out in private families, or, better still, if the State sees fit to do it, our present small dormitory could be turned over to them, and the new on> made large enough to accommodate all of the girls. The two buildings would be a considerable distance from each other. This co-education idea, however, is only a suggestion; I do not mean to urge it here, although I am perfectly satisfied that it would be a wise thing for the State to do. If it should ever conclude to adopt the plan in the future, this additional building will make it possible to cn:rry it out in a thoroughly satisfactory way.
The foregoing is a .simple presentation of facts, but I hope is sufficient to show the urgent needs of the case. I earnestly beg that you will call the attention of the pre~ ent legislature to the matter and do all in your power to persuade them to grant an appropriation of fifty thousand dollars to erect an additional building for our college, to contain dormitory room for two hundred and fifty or three hundred students and special recitation halls for the Normal Department.
Very truly yours, J. HARRIS CHAPPELL, President.

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. REPORT OF THE PHYSICAL CONDITION OF THE NORTHEASTERN RAILROAD OF GEORGIA.

ATHEXS, GA., November 16, 189-t.
Hon. JV. Y. Atkinson, Governor, Atlanta, Ga.: DEAR SIR :-In compliance with your request, I made
to-day a thorough inspection of the above named ptoperty, situated between Athens and Lnla, Ga., and respectfully submit to you the following information relative to the same:
That. portion of the Xortheastcrn Railroad of Georgia fl'Om Athens, Ga., to Lula, Ga., distance thirty-nine miles, was open for traffic in September, 1876, being laid with forty-five-pound iron rail, purchased from the Atlanta Rolling Mills.
Its equipment consisted of: One Baldwin locomotive, with cylinders 14x24 inches. One first-class passenger coach. One baggage and mail cat. Eight box cars. Eight flat cars. Five hand ears.
The road cost upward of $520,000.00. There was placed on it a first mortgage of $260,000.00, also a second mortage (limited to $~5,000.00) of $19,100. The interest per annum on the first mortgage bonds was $18,200.00, and on the second mortgage bonds $1,337.00; total interest per annum, $19,537.00.
In January, 1878, the Governor of Georgia placed the indorsement of the State on 7 per cent. 20-year, $260,{)00.00 first mortgage bonds of the railroad company, in pursuance of the provisions of the charter.

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253

Up to 1881 the road was operated by a local board of directors, chosen from time to time; after which the management of the property passed into the handR of the Richmond & Danville Railroad and remained thus until November 20, 1893, when the management of the property was assumed by Mr. R. K. Reaves, State Agent, an ap-
pointee of our late Governor, Hon. ,V. J. Northen.
The following table will exemplify the earning capacity of this road during the first years of its operation:

I ' I i11876-77. 1877-78. i 1878-7!?. 1879-80. :! 1880-81.
Grost~ earningf'l$31,582 381$47,680 75.$-!S,003 !IH.$47,670 711$66,097 44 Expenses......... 28,260 44 26,494 12> 26,98Sl 76 30,238 08 39,114 88 ~et earning"... 3.321 94 21,186 6.'{ 21,!H5 17;1 17.432 63 26,982 f>6

Staternent of Operati011s from Nov. 20, 1893, to Oct. 31, 1894.

I Earnings. : Expenses.

November.....................:.$ 2,3;J41i-$1,rl35-52

December........... ...... ..... 7,883 7-l

5.2.~9 40

.January .......................... 5,99;; titi

3,1i!l7 59

February.......... .... ...... 5,021 51

3,9:12 84

March...... ...... .. ....... ...... .. li,844 27 April.. ............................. 3,1:177 58

84 l{l i!1~493 <>9

May........................... .... 3 096 04

2,H15 18

J uoe ........ ... ...... ...... .. .... 8,321 04

2,928 75

July ......... .......... ..... .. ... 3,296 Hl

3,207 06

August .......... ...... ...... ...... 3,\l48 37

3,728 02

September....................... 3,tlll9. 34

8,3!1(; .')0

October ......................... ~~~~~~5 16

:Net Earnings
I_
$ 818 58 2,624 34 2,398 07 1.088 (;7 2,90i 05 237 74 180 8t3" 392 2!1 289 10 220 35
212 84 __::~~

Total.. ................... 1$ 57,347 8:! $ 42,5S!l 08 $ 14,758 74

The origin of the decrea;;e in the eaming capacity of this road is due to the construction of the Georgia, Carolina & Northern Railroad, givmg Athens thereby a direct line to Atlanta.
The earnings and expenses for the past two months are approximated.

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EQUIPMENT.
Then~ is only one engine, No. 271, with cylinders 14x24 inches, in good condition. This engine being ~-mabie to handle the trafl1c, it was found necet"sary to rent two more, which was done from the Southern Railway Company, at u -cost of $4.00 each per day. One of these engines can btTeturned to its owner in a month or two. It requires two engines in constant use throughout the year to move the .traffic of the road.

<JAR~.
The passenger equipment consists of: Passenger coaches Nos. 670 and 671, in good condition. One combination mail and express, No. 379, in good eonditio:1, which latter has been rented to the Southern Railway Company, and one rented from them in return. Freight equipment: One box car, Xo. 107, in fair condition. In consequence of not having enough freight equipment, $2,611.13 was paid to foreign roads for mileage on their ears during the last twelve months. This amount can be eredited with $537.48 received from foreign roads on cat mileage, lea\'ing $2,073.65, which was included. in op~rat ing expenses.
ROAD DEPARTME:;;T.
In the Athens yard there are about 3,223 feet of sidetmcks, most of which is laid with 4;}-pound iron rail in a laminated condition, but which can remain in service for two years longer by being patched from time to time. The track room in this yard is not sufficient during the busy season. Two additional tracks can be provided at an -<xpense of about $:300.00, by using old material on hand. Fi\e hundred ties are needed in the track in this yard.

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255

At the northeast" end of ~he yard, on Cleveland avenue, there is located an old, unused wooden warehouse, known as the Carlton Guano Ware house. This building is partially on the railroad's right of way, which is one hundred feet wide at that point. This warehouse is owned by outside parties. At this point the tracks of the Macon and Northern Railroad join those of the Northeastern Railroad, which, together with another track of theirs connecting with the yard a few hundred yards north, forms a "Y" which is used jointly by the Northeastern Railroad and the Mac~on and Northern Railroad for turning the trains of the two roads, thereby dispensing with the use of a turntable in the Northeastern yard, the irons of which are found on hand in fairly good condition.
On the south side of Cleveland avenue, the "Northeastern Railroad owns a lot of land consisting of about one and one-h:;tlf acres, through which the track of the Macon and Northern Railroad passes (right of way having been granted them several years ago). On this lot is located the Rexinger Ice Works, which pays a small annual rental, also the Model Grist Mill owned and operated by the Talmadge Brothers.
On River street there is a small lot consisting of about half an acre, valued at $150.00, and on College avenue a lot containing half an acre, both belonging to the Northeastern Railroad. Neither of these lots is in use.
One of the tracks from the yard leads into the Orr and Hunter compress. Outside railroad companies in Athens pay two dollars per car to the Northeastern Railroad fir switching their cars into this compress.
Located in the center of the yard is the track scales, which is in good condition.
The entire yard in Athens contains about four and onehalf acres.
Section 1, which extends seven miles from Athens, is

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laid with fifty-six pound steel ~ail, which is in good com:lition, and appears to have been rolled in 1891. This section will require about 2,450 cross-ties during t.he next year. The banks, ditches, line, and surface of the track are in first-class condition. On this section is loP-ated a spur track leading to the water works, with capacity of two cars. Also a spur track into a brick yard, capablP. of holding nine cars, situated about two miles from Athens.
Section 2 is eight miles long, laid partly with sixty pound and partly with fifty-six pound steel rail, all in good condition. This section requires 2,800 cross-ties during the next twelve months. The ditches, banks, line, and surface of the tmck are in good condition.
Section 3, which is eight miles long, is laid with sixty pound steel rail, with line and surface in good condition. The ditches and banks of this section are in fair condition. There are needed :3,000 ties on this section.
Section 4, which is eight miles long, has five miles of old forty-five pound iron rail which is about eighteen years old. The rest of this section is laid with fifty-six pound steel rail in good condition. There is needed one mile of fifty-six pound steel rail, or eighty-eight tons, on this section, to enable one mile of the imn rail to be taken np and used as patch rail. This eighty-eight tnns ought to be purchased for about $2,376.00 delivered. The road-bed, also line and surface of the track on this section, is in good condition. The iron rail begins at about the twenty-three and one-half mile past. There are needed on this section 2,000 ties during the next twelves months.
Sl.ction 5, being eight miles long, canies yon to Lula. On this section there is a quarter of a mile of old 45-ponnd iron rail, laid next to Lula. The re~t is laid with 56-pound steel rail, with line and surface in good condition ; also the banks and .cuts are in equally good shape. There are needed 2,500 ties on this section. The yard at Lula, together with

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257

.all side-tracks on the roat,l, amounting to 10,686 teet, is laid with 45-pound iron rail, in bad condition. There are .also reqi1ired 500 new ties in the yard at Lula. This yard is used jointly with the Southern Railway, and the cost of maintenance is shared alike. There are ~,378 feet of sid.etrack. All the switches are split switches on the road where there is steel rail, and stub switches where there is iton rail. The frogs are in good condition. On each section there is one lever car and one push car, all in fair condition; also a full supply of track tools. Since November 20, 1893, there were delivered 979 firstdass ties, and 1,774 second-class ties; total, 2,753 oak ties; most of which have been put in the track, costing in the neighborhood of $554.70. Total number of ties required on the road during the next 12 month!! is 13,7.50, which will cost about $2,750. The road-bed is naturally one of the best I have ever seen, and is in first-class condition. With an expenditure of $2,750 fin ties, and $2,376 for rail, total, $5,1~6, the track at the expiration of twelve months will be in good order. During the past twelve months the section gangs consisted of two men during the winter months, and three men during the summer months. The .average cost of labor per month for the entire road department was $439.

llRIDGES AND TRESTLES.
Trestle No. 1, at mile post No. 1, 60 feet long, consists of four frame bents, two 6 feet and two 12 feet high. Bents are placed on blocking. All material in this trestle is in good condition, and will last without repairs for twelve months.
Trestle No. 2, at 2t mile post, 50 feft long, consists of
three framed bents, two 8 feet and one 15 feet high. Bents .are placed on blocking. All material in this trestle is in
lis

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JOURNAL OF THE SENATE.

sound condition and will last without repairs f.or tweln~ months.
Trestle ~o. 3, at mile post 2!, 87 feet long, consists ot six bents, placed on wooden blocking, one bent 3! feet, onP 10 feet, two 14 feet, and two 17 feet high. All lumber in this trestle is in sound condition with the exception of one mud sill under the second bent from the north end of trestle, which will have to be renewed during the next four monts.
Trestle No. 4, mile post 2!, 400 feet long, consists of thirty-one bents, with an average height of 22 feet. This trestle crosses the head waters of the Oconee River. All the bents in this trestle are resting on wooden blocking. with the exception of two on the banks of the river, which are on piling. The material of this trestle is in good condition with the following exceptions:
Mud sill and cap of bent No. 1 from north end. Mud sill and cap of bent No. 8 from north end. Cap of bent No. 21 from north end. Mud sill of bent No. 30 from north end.
This trestle is well braced. Bents Nos. I and 30 ought to be repaired at once. ' Trestle No. 5, mile post 12!, 60 feet long, consist of four framed wooden bents, supported by blocking, two of which are 12 feet and two 14 feet high. This trestle bas sound material with the exception of the mud sill and cap in bent No. 4 from north end of trestle.
Trestle No. 6., mile post 11!, known as Nash's Creek
trestle, 50 feet long, consist of 4 oak pile bents with 4 piles to the bent about 6 feet high. These piles show signs of decay, and will probably have to be renewed in two or three years. All other material in the trestle is sound.
Trestle No. 7, mile post 35!, known as Chandler's creek trestle, 175 feet long, consist of 13 wooden bents,

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259

placed on wooden blocking, 4 of the bents are about 48 feet high, all well braced and sound, with the exception of one mud sill in bent No. 9, and about six cross-ties.
Trestle No. 8, mile post 37!, is about 6 feet high and 50 feet long, consisting of three framed bents. The material in this trestle is in good condition, with the exception of about one-half of the crossties, which will have to be renewed during the next twelve months.
The trestle work on the'road, taking it as a whole, is in excellent condition. All repairs necessary ought to be made at a cost of $75.00.

BUILDIXGS.
At Athens there isone combination wooden freight and. passenger station, 32 x 118 feet, containing a warehouser !30 x 75 feet, in which is located a stationary platform scales ; also one stationary room, 6 x 30 feet, one baggage room, 6x8 feet, two waiting rooms about 12x15 feet, and one large room, 18 x 30 feet, used as a general office. This building is in excellent conditjon, freshly painted, and kept neat and clean. Attached to this building is an open shed for storing freight, about 32 x 66 feet; also a cotton platform, 30x190 feet, which-has only recently been rebuilt. This station receives about 9,705 tous and forwards 10,312 tons of freight annually. The operation of this agency per month is $415.
Over one of the side-tracks in Athen's yard is an old engine shed, 15 x 30 feet, with engine pits. This shed is in a dilapidated condition and out of use, and of little value.
Located at the north end of the yard is a small wooden building, about 15 x 30 feet, containing three rooms, one of which is used as an office for the car inspector, one as an oil room, and one as a work room. This building which I Rhould value at .$100, comprises the repair shops ot this

260

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railroad company. The tools in this .building are worth about $20(}. Repairs of engines and cars are made by the Southern Railway Company.
Four and three-quarters (4if) miles from Athens there me three houses on the right of way, each 14 x 28 feet, consisting of two rooms each, :occupied by the track bands.. These houses are in a fair condition, but old.
At the seven mile post is located a station called Center. The depot building, 27x50 feet, is ancient but in fair condition, containing one office 12x 15 feet, one waiting-room 12x1.5 feet, and a warehouse 27 x38 feet ; attached to it is a cotton platform 20x27 feet, in a fair condition. This station forwards about 555 tons of freight and receives 199 tons per annum, consisting mostly of wood, cotton, and cotton-seed. Salary paid to the agent at this point, $15 per month. The side-track is 1,300 feet long.
The next station reached is Xicholson, Ill miles, where
there is a wooden depot building 36x18 feet, containing one .office 8x12 feet, and one waiting-room 8x12 feet, both in a }JOor condition; also warehouse 18x24 feet, in fair condition. Attaehed to the building is a cotton platform 27x48 feet, in good condition. Side-track room at this point is 182 feet long. There are about 102 tons received, and 61 tons fo1,mrded of freight at this point annually, consisting of cotton, cotton -seed, and lumber. The agent receives $15 per month salary. The populati?n of Nicholson is about 350 inhabitants.
At the 13! mile post section houses Ko. 2 are located, ~onsisting of three wooden building;;; l;)x28 feet each, con-
of taining each two rooms. Two these houses are in poor
~ondition. There is also one tool-house, 9x15 feet, in fair
~onditiou.
The next station we reach is Harmony, 18 miles from Athens, where there is a new and neat passenger station located on the main line, containing two waiting-rooms

MoNDAY, NovElllBER 26, 1894.

261

15x18 feet each, neatly furnished; also one ticket office and baggage-room. The freight depot, next to the side-track? on the opposite side of the main line, from the passenger station, consists of one large frame building 33x90 feet, containing two offices 10x15 feet, and warehouse 30x50 feet, all in fair condition; also, cotton platform 50x100 feet, in fair condition. On the side-track the.re are located three cotton-seed warehouses belonging to outside parties, these on the railroad company's right-of-way. Back of the freight depot there is a lot of land containing about three-fourths of an acre, belonging to the Railroad Company, and not occupied. The right-of-way at this point is 100 feet wide. The sidetrack, which is 766 feet long, is not sufficient. About 30() feet more side-track is needed to do the business at this station satisfactorily, this being the most important point on the road outside of Athens. There is forwarded from this station annually about 1,268, and received 6,227 tons, comprised mostly of lumber, cotton, and cotton-seed. The cost of running this agency is $100 per month. The population ofHarmony is about 1,500 inhabitants, and it is a very prosperous town. A few hundred yards south of this station there is l<;~cated a large cotton mill, known as Harmony Grove Cotton }"'actory, which operates upwards of :3,500 spindles, and is reached by a side-track.
At the 19 mile post we find one tool house, 9x15 feet,. in fair condition.
The next station is Maysville, 25! miles from Athens? where there is a wooden depot 30x60 feet, containing one waiting-room 10x15 feet, one ticket office 15x15 feet and a warehouse 27x42 feet, in good condition with exception of the roof, which requires repairs. The cotton platform which is attached to the depot is 36x80 feet, and is in fair condition. Alongside of the side-track, which is 1,034 feet long, there are five cotton seed warehouses belonging to outside parties, but located on the railroad land. 1t costs $42

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per month to run this agency. This station forwards about 804 tons and receives about 1,621 tons per annum, consisting mostly of cotton, lumber and cotton-seed. The population of Maysville is 500 inhabitants.
At mile post 27 is located section houses, consisting of four houses, each 14x~8 feet, containing two rooms each. One of these houses is not in use and is in bad condition. There is also one tool house, about 10xl5 feet, in fair condition.
The next station is Gillsville, 31! miles from Athens~ where there is a wooden depot, 27x50 feet, containing one ticket office and one waiting-room. This depot is old, but in fair condition. Attached to it is a cotton platform 27x 50 feet, in fair condition. There is forwarded from this station 81:{ tons and received 567 tons per annum, consisting mostly of cotton, cotton-seed, and lumber. There are three sawmills located near the road. The population of Gillsville is about 150 inhabitants. The side-track is 402 feet long. The cost of operating this agency is $25 per month.
At :33! mile post are located a set ot section houses, eonsisting of three houses 14x28 feet each, two of which are in fair condition; the third in bad order and not occupied. Also one tool house, 1~xl6 feet, in good condition.
The next station we reach is Lula, where the road joins the Southern Railway. At thi8 point the company owns a large brick depot, located between their tracks and thoseof the Southern Railway. The building is in first-class r~ pair, and is used jointly with the Southern Railway. The building is 40x80 feet, and contains two waiting-rooms 12xl8 feet, ticket office 6x18 feet, and a large warehouse, together with a telegraph office and one upstairs room. Attached to the building is ample platform room, in good order. The railroad company owns twelve acres of land at this point. The "Y" belonging to the Southern Rail-

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way is used for turning the trains. At this point the eompany receives 10,947 tons and forwards 6,289 tons. The cost of the operation of this agency to the Northeastern Railroad is $60; being run jointly with the Southern Railway. At Lola all the coal used is purchased from the Southern Railway, at a cost of $2.60 per ton delivered on their engines.

WATER STAIIOXS.
In the yard at Athens there is one box tank with a eapaeity of about 7,000 gallons, in fair condition. Water is furnished by the city at a cost of 10 cents per 1,000 gallons. About half mile from the depot, going uorth, there is a box tank of about 7,000 gallons capacity, not in use. This tank is in bad condition.
The next water station is located at about one-fourth of u mile south ot Harmony, and consists of one tub tank with capacity of 25,000 gallons, practically new.
The next water station is at Li1la, where the water is furnisbed by the Southern Railway.
There are from five to six tons of scrap iron on hand, also two car wheels (new), and four old.
The general office organization consists of:
1 State Agent. 1 Chief Clerk. 2 Clerks. 1 Porter; and costs $275 per month.
l!'or October, 1894, the pay-rolls consisted of the following amounts:
RoaddepartmenL. ________________ $511 85 Motive power department____ _ __ _ _ 604 61 Agencies__________ _____ _____ _ 624 84 General offices.______ _ ____ ___ ___ 277 00 Transportation__ ____ __ _ _ __ _____ _ 383 76

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JOURNAL OF THE SENATE.

Besides the above, the following amounts

were inclndedin the operating expenses: Rent of engines___ _ ___ _ Coal __ ____ _____ __ - _____ - __ _

Other supplies __

--

Insurance for the year __ ____ _

120 00 600 00
1,200 00 283 00

TotaL_______ _ __ ------ ____ $4,60.5 lH

I found that a full line of insurance is carried on the property, consisting of:

Athens depoL __ __ __ __ ____ _ ____ _ $1,200 00

Contents___ _ __ ___ _____ ________ _ 4,000 00

Harmony depot_ ______________ _ 1,400 00

Contents __________ _

3,000 00

Lula depot _______________ _

1,500 00

Contents ____ ____ __ __ ___________ _ 500 00

Two passenger cars__ _

______ _ 3,000 00

One combination coach__ _ ____ _ _ 1,800 00

For~ign ;olling .stock ____________ _ 5,000 00

. Freight m transit~ _______ _

5,000 00

Cotton on platforms _____________ _ 4,000 00

Thi~ latter is only carried six months in the year.

There was expended during the last twelve months

$209.00 on lumber to repair drains and platforms.

In conclusion, I beg to say that I am indebted to Mr.

R. K. Reaves, State Agent, and also to his competent As-

sistant, Mr. J. S. Crews, for every 'assistance they could

give me to enable me to compile the above information,

and if it is not out of place, I would like to add that I

consider th-is property admirably and economically man-

aged.

Respectfully submitted,

CECIL GABBETT.

MoNDAY, NovEliBER 26, 1894.

265

The following bill, offered by Mr. Roberts, was read the first time and referred to the Committee on General Judiciary, to wit:
A bill to repeal the law defining and regulating court contracts, and prescribing the manner of enforcing the same, as contained in sections 275M to 2772 (a), inclusive, of the Revised Code of 1882, and for other purposes.
The bill of the Senate to amend and regulate the practice concerning motions for new trialS' and bills of exceptions, etc., was read the second time and passed to a third reading.
Mr. Harris, of the Twenty-second District, offered the following resolution relating to the reference of the Governor's Message of this day :
Resolved, That the following portions of the Governor's Message just read be referred to the several standing committees respectively as set out: To the General Judiciary Committee the portions referring to the reform of the judiciary, the reports of the clerks of the several courts, the revision of the criminal law and registration; to the Penitentiary Committee the portions referring to the county chain-gangs; to the Finance Committee the portions referring to pensions and further appropriations; to the Committee on Education the portions referring to the several ed~cational institutions of the State; and to the Special Joint Committee on the Northeastern Railroad the portions referring to that road.
Mr. Cumming, of the Eighteenth District, acting chairman of the Special Judiciary Committee, submitted the following report:
Mr. Pres,ident:
The Special Judiciary Committee have had under consideration Senate Bill No. 91, by Mr. Harrison of the Twenty-


266

JOURNAL OF THE SENATE.

second District, which they instruct me to report. back, with the recommendation that it be read a second time and recommitted.
Respectfully submitted. BRYAN Cul\11\IING, Chairman pro tern.

The bill set forth in the foregoing .message was read the second time and recommitted.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend the charter Qf the city of Waycross, in Ware county, approved November 1, 1889, so as to grant to the Mayor and Council the right to condemn land for street and alley purposes, whether owned by railroad companies or individuals, etc., and for oth"er purpose>;.
The committee reported in favor of the passage of the bill.
On motion of Mr. Lewis, the report was amended as follows: amend title by adding after the word "owned" and before the word " by" the words " or used," and amend section 1 by adding after the word " owned" and before the word "by," in the 8th line thereof, the words "or used."
The report, as amended, was agreed to.
The bill was read the third time and passed, as amended; ayes 27, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize the several Judges of the Superior Courts of this State to bear and determine in vacation any matter which does not require the intervention of a jury, without any order in term time being passed in regard thereto.


MoNDAY, NovEMBER 26, 1894.

267

The committee reported in favor of its passage by substitute, which was adopted.
The report was agreed to.
The bill was read the third time, and passed by substitute; ayes 27, nays 0.

The Senat'e took up the report of the Finance Committee <Jn the bill of the SenatR to decrease the tuition required of non-resident students of the State Technological School, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 27, nays 0.

Mr. Osborne offered the following resolution, which was taken up, read, and agreed to, to wit:

Resolved, That the Secretary of the Senate prepare and

have printed one hundred copies of a calendar for each day

-during the remainder of this session, of all bills up for a

third reading and for passage. S~id calendar io contain the

number and title of each bill only

..

Mr. Wilson, by permission of the Senate, introduced the following bill, which was read the first time, and referred to the General Judiciary Committee, to wit:

A bill to amend section 279 of the Code of 1882, concerning the appointment of Judges of County Courts by striking out the words "two years," in the fifth line of.said section, and inserting in lieu thereof, the words "one year."

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

268

JoURNAL OF THE SENATE.

SENATE CHA:\IBER, Ap,ANTA, GEORGIA,
Tuesday, November 27, 1894, 10 O'clock A. :\f.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by Hon. Mr. Brown, Senator from the Thirty-ninth District.

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

Beeks, Broughton, Bussey, Boyd; Brown, Cumming, Craigo, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen, Lewis,

Long, Little, Lumpkin, McMillan, Mercer, Monro,
~lorton,
MeGarity, McClure, Norman, Ryals, Roberts,
~heppard,

Those absent were Messrs.-

Bush, Brand,

Harris of Third,
~IcGregor,

:-\tory, 8anford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, 'Vilcox, Williams of 25th, Williams of 36th, Mr. President.
Osborne, Wade.

Mr. Harris, of the Twelfth District, chairman of tlu~ Committee on Journals, reported the same correct.

It was then read and approved by the Senate.

Mr. Cumming, acting chairman of the Special Judiciary Committee submitted the following report :

.J:lr President :
The Special ,Judiciary Committee have had under consideration Senate Bill No. 91, by Mr. Harrison of the Twenty-

TuESDAY, NovEMBER 27, 1894.

269

first District, to repeal certain acts and re-establish the office of County Treasurer in Twi,ggs county.

Also, Senate Bill No. 81, by Mr. McGregor of the Nineteenth District, to amend paragraph 2, section 1, article 2 of the Constitution, both of which they report back with the recommendation that they be recommitted to the General .Jndieiary Committee.
Respectfully submitted.
BRYAN CF:\UIING, Chairman pro tern.

On motion of ~Ir. Cumming, the bills reported in the foregoing report_, with the recommendation that they be recommitted to the General Judiciary Committee, were so recommitted, to wit:
A bill to amend paragraph 2, section 1, article 2 of the Constitution ofGeorgia.
And a bill to create the office of Treasurer for the county 'of Twiggs.
:Mr. Mercer, acting chairman of the Committee on Engrossing, submitted the following report :

~llr. P1esident:
Your Committee on Engrossing have examined the following Senate bills, and find them properly engrossed and ready to be transmitted to the House of Representatives, to wit:

A bill to amend an act incorporating the city of Waycross, and for other purposeE.

Also, a bill to be entitled an act to decrease the tuition required of non-resident students of the State Technological School.

270

JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to confer on the J ndges of the Superior and City Courts of this State jurisdiction to hear motions for new trials, certioraries, and for other purposes.
Respectfully submitted. J. E. MERCER, Chairman p1o tern.

Mr. Long, chairman Committee on Banks, submitted the following report:

Jfr. President:

Your committee have had under consideration the following bill, which they instruct me to report back to the Senate, with the recommendation that it be read the second time and be recommitted to the Committee on Banks, to wit:

A bill to be entitled an act to aml:'nd an act to incorporate the South Georgia Bank of Waycross, etc.

Respectfully submitted.

N. G. LoNG, Chairman.

The bill of the Senate touching the mode of disposing of small ca~e.s by the Supreme Court, which was adversely reported by the Special Committee for Relief of the Supreme Court, was taken up and lost by agreement with said report.

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

Jfr. President: The House has passed the following House bills by the
requisite majorities, to wit:
A bill to alter and amend the several acts incorporating thP. town of Social Circle, in the county of Walton, and for other purposes.

TuE'!DAY, NovEMBER 26, 1894.

271

Also, a bill to provide for and require the registration of all voters in the county of Pike, to provide penalties for the. violation of the same, and for other purposes.
The committee on the part of the House, under the joint resolution appointing a committee of three from the Senate and five from the House to visit the State University and inspect the buildings and grounds and report thereon, are, Messrs. Meadow, Armstrong, Branch, Polhill, and Rockwell.
The Hon. W. M. Clements was invited to a seat in the Senate during his stay in this city.
Mr. Little, chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President: The Committee on Privileges and Elections have had
under consideration the contested election ofT. R. Whitley against Bion Williams from the Thirty-sixth Senatorial District, and submit the following report:
The contestant, T. R. Whitley, submitted numerous grounds in support of his claim to be duly elected Senator from the Thirty!.sixth District, offering a large amount of testimony in support thereof. Mr. Bion Williams likewise submitted evidence in rebuttal and to sustain counter charges made by him.
After considering the evidence and hearing argument of counsel, the committee overruled all the counter charges of Bion Williams and most of the grounds of contestant as insufficient in law or unsustained by facts. They found, however, in favor of the following grounds or charges made by contestant.
1. That Mr. Bion Williams is in default fC.1r payment. of taxes for the years 1890, 1891, and 1892, and therefore ineligible to a seat in the General Assembly of Georgia.

272

JOUR""AL OF THE SENATE.

2. That the eiection held in what is known as the Union District, in Campbell county, was at a point eight hundred yards or more from the legally established precinct, and for this reason the returns from that district should not have been consolidated with the returns for Senator as they were. Hion Williams's majority in this district was twenty-one.
3. That the election held in what is known as the Red Oak District was held at a point some seventy-five to ~ight hundred yards from where it had been customary previously to hold elections in said district. They further find that the elections in said district had not been held uniformly in one place. They further find that no election precinct had e\er been established in said Red Oak Dis-
trict. For these reason the returns from that district should
not have been consolidated with the returns for Senator as they were. Bion Williams's majority in said district was forty-five.
4. That the election held in what is known as Fair Play District in Douglas county was illegal and void, because one of the three managers, namely, G. \V. Moody, was neither one of the officers qualified to preside as au election manager nor a freeholder, and for this reason the returns from that district should not have been eonsolidated as they were with the returns for Senator. Bion williams's majority in this district was one hundred and sixty-two.
5. The con1mittee also found that in Campbell county there were one hundred and fifty-eight illegal ballots cast for Bion Williams. The ballots being illegal in this, that they were cast by_ persons who were tax defaulters, and
against whom there were outstanding unsettled tax fi. fas.,
.and they further find that said illegal ballots should not have been counted in making up the returns for Senator as they were.
6. They further found that in Douglas county there were one hundred and twenty-six ballots cast for Bion

TuESDAY, NovEMBER 27, 1894.

273

Williams that were illegal for the same reason as set out in the fourth paragraph and should not have been counted in making up the returns for Senator, as they were.
7. The c~mmittee found that in Meriwether county there were one hundred and twenty-six ballots cast for Bion williams that were illegal for the same reason as set out in the fourth paragraph of this report, and should not have been counted in making up the returns for Senator as they were.
The committee refused to consider th.e evidence taken by

Bion Williams in Meriwether county, going to prove the

illegality of certain ballots, because the evidence was taken

after the time allowed hy law.

8. The face of the returns showed that Mr. Bion Wil-



liams was elected by a majority of one hundred and fifty-

seven. After eorrecting these returns by deducting there-

from the ballots improperly coun~~ in favor of Mr. Wil-

liams, as shown in the preceding paragraphs, to wit, six

hundred and thirty-eight ballots, the committee finds that

Mr. T. R. Whitley is the legally elected Senator from the

Thirty-sixth Senatorial District hy a majority of four hun-

dred and eighty-one votes. Wherefore the committee re-

commends that the following resolution be ad6pted, to wit:

Resolved, That_ T. R. Whitl~y is found to he, and. is hereby declared, the duly elected Senator from the Thirtysixth Senatorial District to the Senate of Georgia.

Respectfully submitted.

W. R. LITTLE, Chairman, WALTER C. BEEKS,

JoHs J. UPCHURCH,

w. G.

M. TATUM,

,V. J. MoRTos,

J. E. MERCER,

BRYAN CuMMING. 188

274

JOURNAL OF THE SENATE.

Mr. McGre~or, from the Committee on Privileges and Elections, submitted the following minority report:
The undersigned, a member of the Committee on Privi.leges and Elections of the Senate, feels himself constrained to dissent from the conclusions of the majority in the contest between T. R. Whitley, contestant, and Bion Williams, contestee, for the Thirty-sixth District. In order to state fully these ground<;, it becomes necessary to consider several points involved in the contest. A part of the testimony in behalf of the contestee was taken after the ex.piration of thirty days ftom the day of consolidation. The majority of the committee have declined to consider any testimony of that character going to show the illegality of a vote or disqualification of a voter. They rest this conclusion upon paragraph 9, section 1329 of the Code of 1882, and upon section 13:~0 of the same Code. It will thus be observed that a majority of the committee limited the power of this bouse by the terms of a statute. As I understand the law, this holding is erroneous and improper. In the light of the history of this question, aud in the light of the constitutional provisions of the United States and of this State, I deem the same to be wholly wrong. As I understand, the committee is engaged in a broader duty than merely settling a, m..atter of private right according to the technical rules of justice court practices. Quoting from the very first book iu the English language on this su~ject, which was by Sargent Glanville, and was published in 1775, I find this language, that a legislative committee "is a council of State and court of equity and discretion, as well as a court of law and justice." This I find adopted as a part of the text in the standard American work of Cushing's Law and Practices of Legislative Assemblages, section 210, page 76. The House of Representatives of the United States has
upon many occasions construed their powers under article 1 section 5, paragraph 1 of the Constitution, and the uniform

- TUESDAY, NOVEMBER 27, 1894.

275

construction and undeviating holding has been that any effort of Congress to limit the power of the House of Representatives in contested election cases is null and void. A contest can be im>tituted upon the suggestion of any elector of the district; it can be done upon the motion of the House itself, and the ineligibility of the contestant is no objection to the proceedings. Its holdings go upon the broad ground of the constitutional power of each House elected to decide as to its own members. The House of Representatives has uniformly disregarded merely technical objections, and has sought to arrive at the real truth in each case. The causes and the reasoning in support of them is fully set out in Paine on Elections, and also in McCrary on Elections, and are approved by both these learned writers.
The Constitution of our State, article 3, section 7, paragraph 1, being section 5060 of the Code of 1882, is identical with that of the Constitution of the United States, and it is contended that the like section is a proper one.
The question involved being one not only of the privileges of the State, but of the people of this State, no narrow and artificial rules should be resorted to. under these technical and artificial rules the will of the people is set at naught by "shysters, tricksters, and thimble-riggers." The ignorance or negligence of counsel unaccustomed to this class of proceedings, is made a cover under which a large section of this State is disfranchised. All of the substantial things are presented, the witnesses ate snbprenaed, a court is opened, both sides are present, examine and cross-examine the witnesses, the truth is brought out, but will not be considered beeause of some minor error in the mere method of procedure. The undersigned is unable to bring his mind to the conclusion that it is not a duty of the Legislature to consider this class of tef'timo'ny1 and that it is their duty to seat a man when there is evidence 'Of this character showing that he was elected. As I understand the law, the con-

276

JOURNAL OF THE SENATE.

testant must make out his case to the satisfaction of the committee, and not merely cast shadows upon the title of the contestee. The contestee can sit with folded hands and decline to be ousted until after it is shown that the contestant is elected.
m Taken up its order the first question is, was this con-
testant elected? As involved in that question the first point is, is he constitutionally eligible to be eleCted. Article 3, section 4, paragraph 7 of the Constitution of this State, being section 5050 of the Code, provides that no person who is a defaulterfor any legal taxes required of him shall have a seat in either house.
According to the testimony taken by the contestant him-
self, T. R. Whitley, it appears that tax .ft. fas. in behalf of
the State and county were issued against him, and that he :gave to the Tax-Collector, a county order in payment of
some of the .ft. fas. It does not appear anywhere that these
county orders or order have ever been paid to anybody by
the county. Certainly these .ft. fas. have never been paid
by him in any legal money of the United States as required by section 807 of the Code of 1882. There is also evi-
dence as to another .ft. fa. issued against the contestant
Whitley and another party, for taxes owed jointly by them,
and there is no evidence of the payment of the same from
the proper officers t<> whom the same was payable, nor is any receipt or acknowledgment from them produced. It is submitted that the above is ample reason why the contestant Whitley should not be declared duly elected. There are some other reasons why it is insisted that he is not so. In Salt Springs precinct in the county of Douglas, Whitley received about 304 votes, and Williams received about 24 votes. The circumstances surrounding that precinct are these: The polls were opened at 8 o'clock in the morning, by three freeholders, and by 10 o'clock nearly 300 votes had been polled. Section 1287 provides that freeholders

TuESDAY, NovEMBER 27, 1894.

277

can open the polls by 10 o'clock if there is no proper officer present, or where there is one and he refuses. Under this section, as I understand the law, three freeholders, in the absence or refusal of an officer, cannot begin the election until 10 o'clock. For this reason it seems to me that this precinct should not be counted in Whitley's favor. There are also other reasons: The poll list of the year before was 160 voters in the district; the United States census, although not on record; shows a total population of 1,173. In addition to this, on the day of election, when parties were there endeavoring to challenge votes in behalf of the populists, they were assailed by the justice of the peace and constables, officers of the law, and other parties to the number of forty or fitly, and were cursed and threatened and driven away from the place of election. In addition, it wa.'> shown that numbers of imported voters beaded by one John Anderson, a resident of the city of Atlanta, were present and participated in this election. Williams had Anderson atrested as a witness, under an attachment, in order to show importation of these voters. He was taken out of the custody of the officer by a friend of the contestant, Mr. James. He next showed up in the custody of the sheriff and was dis-
.. charged on a haheas corpus issued by the ordinary, and con-
testee was in this way deprived of his testimony. This witness had declined to obey a subpoona, and hence the attachment. A son of one of the candidates, Columbus Blair, a candidate for the House of Representatives, acted as clerk. There were two places of voting, one in front and one at tbe back, arid tickets could be handed in from the back end, and were handed in without the managers being able to see the personA voting the same. A large amount of liquor was also used at this precinct.
Thomas White, an ex-Justice of the Peace, and who had presided at elections for twelve or fourteen years, swears that no election was ever held at this place; they have

278

JoURNAL OF THE SE~ATE

always been holding across the railroad, and that a voter could not find this place unless he was directed to it. The returns from this precinct were not signed until after they were taken to Douglasville, the county sight. Taking this precinct altogether it does not appear to me that a seat in the Senate of.Georgia should be accorded to any man where this precinct is a vital link in his chain of title. If it was a . fair expression of the popular will, it is sincerely to be hoped that some other method of ascertaining that will will he substituted. In Douglasville precinct it appears that a large amount of liquor was used, that it was obtained from the New South office, a place controlled by the Hon. ,J. S. James, and also from the depot; and that the depot agent, Mr. Pees, requested that Mr. James take his liquor out of the depot. Men from the poor-house of Douglas county were
voted by Hon. Jos. S. James; his brother, Colonel ,V. A.
James gave directions as to where whisky or wine could be found. Taxfi.fas. got into the hands of Mr. Jos. James in a most unexplainable sort of way.
The result of the whole matter in Douglas county was that men were controlled in all sorts of ways by liquor, threats of discharge, waiving of pistols and st.icks, cursing and threatening:;; by importation of voters, and it appears distinctly in the testimony that the contestant Whitley offered one man $15 for his vote. In the county of Meriwether a vote largely in excess of the poll list and registration list was obtained. In the town of Greenville minors were voted and. drunken men were voted over and over again. In this illegal voting of minors and drunken men Hon. J. R. Terrell, brother of the Solicitor-General, was conspicuous. The contestee successfully attacked ninety votes as illegal. The returns from one of the precinCts show that only two managers had signed the oath. At this precinct the contestant Whitley got a majority of 162. In another precinct the returus were improperly signed

TUESDAY, NOVEMBER 27, 1894.

279

and were taken out and "fixed" by Hon. H. ,V. Hill, Democratic candidate for the House of Representatives. Intimidation and threats were used at Greenville precinct. According to the showing made by the contestant, and even according to the contention of his counsel, there were more than 1,200 illegal votes in the county of Meriwether cast in this election, and only 126 show as having voted for the contestee, Bion Williams. It is certainly wholly impossible to say from the evidence in this case, and from all the !SUrroundings, that the contestant received a majority of the legal voters of this county.
One other remark as to Meriwether-the contestant had not begun to take testimony until just before the expiration of thirty days, the obvious purpose being to prevent Williamg taking testimony inside of that time.
In the county of Campbell it was shown that a large number of voters attacked as illegal by the contestant, Whitley, were legal votes. The contestant's counsel, :Mr. Geo. Lathani of Fairburn, agreed in writing as tu the mode and manner of taking testimony; when Williams's counsel came to take it, just before the expiration of thirty days, Latham then took the position he was counsel for 'Vhitley only in examining witnesses in Whitley's favor. The magistrate, in returning the affidavits, certifies that the tax receipts of those who voted for Williams were exhibited to him, and yet it is to be held that unlei'S they are copied into this evidence that such testimony will not be considered. The sworn testimony of good men supported by the production of tax receipts, which production was officially certified by the magistrate, is to be set aside.
In Coweta county no testimony appears upon the record in behalf of either party. It is most strenuously urged that upon this whole record it cannot and does not appear that the contestant received a majority of ilte legal votes of the Thirty-sixth District. The contestee, by the face of the

280

JouRNAL OF THE SE.SATE.

returns, is elected, and as a mere act of justice to him and the district he represents, outside of the bro!lder question of justice to this State, a man should not be thrust upon them. I now pass to some of the rulings made by the committee against the contestee, Williams. I have already adverted to and discussed the extraordinary rulings on the thirty days' limit. As a sample of some of the rulings select Fairplay District, in the county of Douglas. In that district two managers who were unattacked, held the election, together with Mr. Moody, who is attacked upon the grounds that he is a freeholder. As to Mr. Moody, it appears that he was in possession of fifty acres of land under bond for title; that all of the purchase price was paid except one bale of cotton not even due, which was afterwards paid when it fell due. I have always understood that a man in possessjon of a bond for title, at least when a part of the purchase money was paid, was in equity the owner of the land, and yet the vote of that precinct was to be thrown out on account of these frivolous technicalities. He was also in possession of another tract of one hundred acres under bond for titles, the details of which I do not enter into.
In Campbell county, Union Church precinct was thrown out, although held at the place that it had always been held~ and where everybody expected it to be held. It had been changed in August and nobody knew of the change and nobody was prevented from voting, but on the contrary voted where they bad always voted. The will of the people was ascertained, yet this precinct was thrown out and "Salt Springs counted in." Red Oad precinct in Campbell county was also thrown out. Here it appears the elections have been held first in one hom;e and then in another, and sometimes under the shade of a tree, and that this election was held within seventy-five yards of the place where the others had been most frequently held, and the will of the people in this district was discarded, on this frivolous

TuESDAY, NovEMBER 27, 1894.

281

ground, and "Salt Springs counted in." It is further objected against the contestee Williams, that he has not paid his taxes. As to this, it appears that he had no property, and that he was out of the county of Meriwether at school in Oxford and Athens, during the time tor which he is attacked. His name does not appear upon the tax digest for those years, and it is contended that the word defaulter, as used in the Constitution, means an ascertained default, re~ulti~g from the failure to pay taxes which are admitted to be due. But conceding that the. contestee is a defaulter in the meaning of th~ Constitution, he_ can qualify himself at any time by paying these taxes, and he is certainly in no worse position than the contestant Whitley, but admitting still further that he is a tax defaulter, and that Whitley is not, does that show that Whitley should be seated? Beyond the personal attitudes of these two men, stands the great question as to whether or not either of them is legally elected on this whole case. Is it consistent with the dignity of this State, with the freedom of elections, and with the purity of the ballot-box, that the contestant whose title is thus made out, encumbered as it is with suspicion, saturated with liquor, bolstered up by intimidation, and resulting from illegal votes, minors, drunken men and pau-
pers, manipulated tax fl. fas., with testimony showing what
the real truth was, to be thrown out of the question, that this contestant should be forced upon the people of the Thirty-sixth District, when they have so conclusively demonstrated their desire that he remain in private life? Ji'ar and high above either of these men, stands this great question involved in this election, the fair fame, the honor, and dignity of this State, and the privileges of this House.
Upon the whole case, I submit the fo])owing ~esolution:
Be it resolved by the Senate of Georgia, That in the opinion of the Senate upon the whole case made in this contest from the Thirty-six Senatorial District, a vacancy

~82

JouRNAL oF THE SENATg.

be declared and reported to the Governor of this State, and that he be requested to order an election in said district, at

.such time and under such circumstances as the law directs.

Respectfully submitted.

C. E. McGREGOR.

The majority and the minority reports were, on motion, taken up.
The first proposition being the motion of Mr. McGregor to adopt the minority report, the same was submitted to the Senate and lost.
The question recurring, on the motion of Mr. Beeks for the adoption of the majority report, the same was submitted to the Senate and adopted.

On motion of Mr. Morton, the bill of the House to amend the act incorporating the town of Social Circle, in "\Valton county, and for other purposes, was taken up, read the first time, and referred to the Committee on Corporations.

On motion of Mr. wilson the bill of the Senate to amend the act to incorporate the South Georgia Bank of \Vaycross was read the second time and recommitted to the Committee on Banks

On motion of Mr. Broughton, the Senator declared elected from the Thirty-sixth Senatorial District, to wit, the Hou. R. H. Whitley, was requested to present himself for qualification as Senator.
The Hon. R. H. Whitley 'presented him~elf at the desk and took the prescribed oath, the same being administered by the Hon. Spencer Atkinson, Associate Justice of the Supreme Court.

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

TuESDAY, NovEMBER 27, 1894.

283

.J[r. President:
The House has concurred in the Senate amendment to the following bill of the House, to wit:

A bill to be entitled an act to provide for and require
the registration of all voters in the county of Monroe in this State, and for other purposes.

The Senate took up the report of the General Judiciary -committee on the bill of the Senate to regulate the law of assignments for the benefit of creditors; to fix the rights :and duties of assignors, etc.
On motion of Mr. Tatum, this bill was laid on the table.

On motion of Mr. Beeks, the Senate took up the report of the Committee on Education on the bill of the House to :amend an act to systematize the finances and increase the efficiency of the common schools, etc., and for other purposes.
The report was agreed to.
The bill was n'ad the third time and passed ; ayes 32, cays 0.

The Senate took up the report of the General Committee -on the bill of the House to require and provide for the registration of the legal voters of ScreYen county, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 27, .nays 0.
On motion of Mr. Harris, of the Twenty-second District, the bill of the House to provide for and require registration -of the legal voters of Pike county, and for other purposes, was read the first time and referred to the Special Judiciary .Committee.

284

JouRNAL oF THE SENATE.

Mr. Cumming offered the following privileged resolution~ which was taken up, read, and agreed to, to wit:
WHEREAS, Thursday, the 29th inst., has been appointed by the Governor of the State as a day of Thanksgiving;: therefore be it
Resolved, That when the Senate adjourns on Wednesday next, it adjourn until 10 o'clock Friday morning, November 30th.
Leave of absence was granted Mr. Bussey until Monday, and to Mr. Harris of the Third District for two days.
The Senate adjourned, on motion, until 10 o'clock A. l\I~ to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA, Wednesday, November 28, 1894, 10 O'clock A. l\1.

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

Prayer was offered by the Hon. Mr. Brown, Senator from the Thirty-ninth District.

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

Beeks, Boyd, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harrison, Johnson, Keen, Lewis, Long,

Little, McMillan, Mercer, McGregor, Monro, Morton, McG-arity, McClure, Norman, Osborne, Ryals, Roberts,

Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, \Vilson, Wilcox, Wade. Williams of 2t>th, Mr. President.

WEDNE'lDAY, NovEMBER 28, 1894.

285

Those absent were Messrs.-

Broughton,

Brand,

Upchurch,

Bush, Bussey,

Harris of 22d, Lumpkin,

Whitley,

'

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

Leave of absence was granted Mr, Broughton for this day on important business.

On motion of Mr. Wade, so much of the Journal of yes-
terday was reconsidered as relates to the passage of the bill
to require and provide for the registration of the legal vot~rs of Screven county, and for other purposes.

On motion of Mr. Wade, the Senate took up ihe report of the General Judiciary Committee on the foregoing reconsidered bill.
Mr. Wade oflered the following amendment to the report of the committee, which report was in favor of the passage of the bill with an amendment, to wit:

By Mr. Wade-
Amend section 2 of said bill by adding after the last wo:rd of the twelfth line of said section and before the first word of the thirteenth line, the word "coming," so that the sentence, as amend~~' shall read: Any persons coming of legal age between 'the time of closing the books nod the election shall be entitled to vote without registration at that election.
The amendment of Mr. Wade was agreed to.
The report, as amended, was adopted.
The bill was read the third time and passed as amended, ayes 27, nays 0.

286

JOURNAL OF THE SENATE.

On motion of Mr. Wade, the bill just passed was ordered immediately transmitted to the Honse.
Mr. Harris, chairman of the Committee on General Judiciary, submitted the following report:
~Ir. President : The General Judiciary Committee have had under con-
sideration the following bill by Mr. Boyd of the Thirtysecond District :
A bill to be entitled an act to allow the jury in a criminal or civil action to inspect the real or pe1sonal property, the subject of litigation, or the place in which any material fact occurred, or where the offense was committed, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.
They have also had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they be read the second time and recommitted, to wit :
By Mr. Roberts of the Twentieth District: A bill to be entitled an act to authorize females to hold
certain civil offices, and for other purposes.
Also, a bill to he entitled an act to repeal the law defining and regulating court contracts, and prescribing the manner of enfi)rcing the same, and for other pmposes.
They haYe also had under consideration the fo11owing bill by Mr. Ryals of the Fourteenth District :
A bill to be entitled an act to create the Eastman Judicial Circuit, and they direct me report the same back to the Senate; with the recommendation that it do not pass.
Respectfully submitted. N. E. 'HARRIS, Chairman .

WEDNESDAY, NOVEMBER 28, 1H94.

287

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

Mr. President:
Your Committee on Finance have had under considera-tion Resolution No. 32, by Senator Osbor~e, (,f the ~"'irst District, to relieve the London Guarantee and Accident Company of London, England, from a fine incurred by them in failure to pay their tax, etc., and they direct me toreport the same back to the Senate, with the recommendation that it do pass.

Also, a bill by Mr. McCurry of Hart, to be entitled an act to appropriate the sum of $500, or so much. thereof as may be necessary, to pay pensions for 1894 to all maimed Confederate soldiers regularly enrolled in the Executive Department, etc.

Also, a resolution by Mr. Boifeuillet of Bibb county, toprovide for indexing the Journals of the House of Representatives and the Senate for the sessions of 18t!4 and 1895.
Respectfully submitted. E. B. LEwrs, Chairman.

Mr. Boyd, chairman of the Committee on Temperance,_ submitted the follqwing report:

Jfr. Pre8ident:
The Temperance Committee have had under considera-tion the following bill by Mr Boyd of the Thirty-second District:
A bill to be entitled an act to abolish barrooms, to prohibit the manufacture, sale and keeping for sale of intoxicating liquors for beverage purposes, and to provide for its. manufacture and sale, and for other purposes, and they-

288

JouRNAL oF THE SENATE.

direct me to report the same back to the Senate, with the recommendation that it do pass by substitute.
Respectfully submitted. M. G. BOYD, Chairman.

On motion of Mr. Boyd, by request of the Committee on Temperance, two hundred copies of the '!ubstitute mentioned in the foregoing report were ordered to be printed for the use of the Senate.

Also, on motion of Mr. Boyd, the bill set forth in said report was made the special order for Tuesday next immediately after the reading of the Journal.

The following resolution offered hy Mr. Brooks was taken up, read, and agreed to unanimously, to wit:
Reaolved, That the Hon. Charles S. Northen be, and he is hereby appointed Secretary pro tempore of the Senate, with full authority to sign ali bills and do all such other things as are required to be done by the Secretary during the absence of the Secretary from the Senate.

The following bills of the Senate were, on motion, read the second time and recommitted to the General Judiciary Committee, to wit:

A bill to authorize females to hold certain civil offices and perform certain oi vil functions in this State, and for other purposes.

Also, a bill to repeal the law defining and regulating court contracts, etc., and for other purposes..
Mr. Cumming, of the Eighteenth District, acting chairman of the Special Judiciary Committee, submitted the following report:

WEDNESDAY, NovEMBER 28) 189-l.

289

Y,; President :
The Special Judiciary Committee, which has had under consideration House bill No. 224, by Mr. Redding, of Pike, to provide for a system of registmtion in Pike county, report the same back, with a recommendation that the same be read a second time and recommitted.
Respectfully submitted. BaYAN CuMMING, Chairman pro tem.

The bill set forth in the foregoing report was, on motion of Mr. Cumming, read the second time and recommitted.

Mr. Mercer, chairman of the Committee on Engrossing, submitted the following report:

Mr. President :
Your Committee on Engrossing have had under examination the following bill, which was found properly engrossed aud ready to be transmitted to the House of Representatives, to wit:
A bill to be entitled an act to require and provide for the registration of all the voters in the county" of Screven, and for other purposes.
J. E. MERCER, Chairman protem.
The follo\ving communication was received from his Excellency, the Governor, through his Secretary, Mr. Warren, to wit:

Mr. President:
I am directed by the Govel'nor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive -session.
19

290

JoeR!'AL OF THE SENATE.

The Senate, on motion, went into executhe session, and having spent some time therein, returned to open session

The following bills were introduced, read the first time, and referred as indicated, to wit:
By Mr. CummingA bill to authorize the State Librarian to appoint and
remove his assistant. Referred to General Judiciary Committee.
By Mr. JohnsonA bill to amend the charter of the town of Statham, Ga. Referred to Committ.ee on Corporations.

By Mr. WilsonA bill to secure a fair and impartial jury in the trial of
criminal cases. R~ferred to General Judiciary Committee.
By Mr. TatumA bill to regulate the sale of spirituous, vinous, malt, and
intoxicating liquors in the State ot Georgia, etc., and for other purposes.
Referred to Committee on Temperance.
By Mr. SheppardA bill to provide for the recording of chattel mortgages
on real estate in separate books, and for other purp~ses. Referred to General Judiciary Committee.
By Mr. MonroA bill to define the rights of landlords, ete., and for other
purposes.

WEDNESDAY, NOVEMBER 28, 1894.

291.1:

Also, a bill to amend section 3057 (f) ot the Code 1-Jl Georgia, and for other purposes.
Referred to General Judiciary Committee.

By Mr. Wilson-
A bill to prescribe the mode of changing venue in criminal cases in the Superior Courts of this State.
' Referred to General Judiciary Committee.

By Mr. Roberts-A bill to amend section 3084 of the Revised Code of
1882. Referred to Committee on Railroads.
Mr. Cumming, ac~ing chairman of the Corporation Com- inittee, made the following report.

Mr. President:
The Committee on Corporations have had under consideration House Bill No. 79, to amend the act incorporating the town of Social Circle and the acts amendatory thereof, and they instruct me to report the same back, with the recommendation that the same do pass as amended.
Respectfully submitted.
BRYAN CuMMING, Chairman pro tem.

The Senate took up the report of the General Judiciary

Committee on the bill of the Senate to provide for the ap-

pointment of auditors, prescribe their duties, fix their com-

pensation, provide for a method of making their reports,

regulate the practice in cases where exceptions are filed to

their reports, and for other purposes.

'

.

The report was agreed to.

The bill was read the third time and passed as amended; ayes 25, nays 0.

292

JouRNAL OF THE SENATE.

On motion of Mr. Cumming, the following bill of the Senate was taken from the table and placed on the Calendar, to wit:

A bill to regulate the law o:f assignments for the benefit of creditors; to fix the rights and duties of assignors, creditors, and assignees, and for other purposes.
t
The report of General ,Judiciary Committee on the foregoing bill was taken up.
The committee reported m favor of its passage, with certain amendments.
The report was agreetl to.
The bill was read the third time and passed as amended; :ayes 30, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend and regulate the practice concerning motions for new trials and bills of exceptions, etc.
The committee reported in favor of its passage by substitute, which was adopted.
The report was agreed to.
The bill was read the third time and passed as amended, by substitute; ayes 2.9, nays 0.

The Senate took up the report of the Fiuance Committee on the resolution of the Senate to authorize James A. Green, of Milledgeville to collect claims due the State of Georgia by the United States, etc.
The committee reported in fa\'Or ot its passage with an amendment.
The report was agreed to.

WEDNESDAY, NovEMBER 28, 1894.

293

The resolution was read the third time and passed as amended; ayes 26, nays 0.
Mr. Monro, chairman ofthe Committee on the Academy for the Blind, submitted the following report, which was read and referred to the Committee on Finance:
Mr. Pregident :
The Committee on the Academy of the Blind, at Macon, have visited that institution, and they instruct me, as their chairman, to submit the following report:
We take pleasure in saying that the moral, spiritual, intellectual, and physical welfare of the inmat~s receive the faithful and efficient attention of the management of the Academy.
The inmates appear happy and contented, and seem well pleased and in every way satisfied with principal, instructors, and the oi,li.cers of the. Academy. We saw many evidences of the excellent and rapid progress the students are making -in their studies and industrial training.
We were given a most creditable exhibition by the pupils in the elementary branches of education and in instrumental and vocal music.
The principal of the Academy, W. D. Williams, has ably and faithfnliy discharged the duties of that position since 1858. He is a faithful servant of the Stat~, and needs no encomium from us.
We find on the roll and in attendance 106 white and 24 colored children, making a total of 130. The names of the inmates, number of teachers, officers, and servants, together with the amount of salaries, are all shown in the printed report of the Principal to the Governor, and copies of which have been placed on the desks of the members ofthe Senate.
The general condition of the grounds and buildings for the white and colored inmates is excellent, but we recommend that an improvement be made in the laundry, particti-

294

JOURNAL OF THE SENATE.

larly of the white department. And we also recommend that feather pillows be substituted for the hard cotton ones now in use. The doors of the fire escapes should be kept unlocked.
We find that the water-closets are not properly attended to, especially those in the yarns.
We think the matron of the colored department deserves 'lpecial mention. Everything in her department is kept neat and in splendid order.
We find the work on the buildings for which the Legislahtre made an appropriation last year, nearing completion, and is being satisfactorily done.
l<...,or the maintenance and support of the Academy, we recommend the appropriation of eighteen thousand dollars for each of the years 1895 and 1896.
Respectfully submitted.
GEORGE P. MoNRO, Chairman.

Leave of absence was granted Mr. Upchurch for Friday and Saturday, and to Mr. McGregor until Monday.

The President announced that on account of the condition of the eyes of Mr. Cumming, and on his appli~tion, he was relieved from the chairmanship of the Committee on Engrossing, and was added to the Committee on Temperance.

The Hon T. R. Whitley was announced as chairman of the Committee on Engrossing, and as a member of the following Committees: Privileges of the Floor, Public Schools, Immigration and Labor, and Manufactures.

On motion of Mr. Morton, the bill of the House to amend the charter of the town of Social Circle, in Walton county, and for other purposes, was read the second time and passed to a third reading.

FRIDAY, NovEMBER 30, 1894.

295

On motion of Mr. Lewis, the joint resolution from the House providing for indexing the Journals of the House of Representatives and the Senate for the sessions of 1894 and 1895 was read the second time and passed to a third reading.
The St'nate, on motion, adjourned until 10 o'clock a. m. Friday next.

SENATE CHAMBER, ATLANTA, GEORGIA,
Friday, November 30, 1894, 10 O'clock A. M.

The Senate met pursuant to adjournment, the President presiding.

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, McGregor, Monro, McGarity, McClure, Ryals, Roberts, Sheppard,

Those absent were Messrs.-

Story, Sanford, Snead, Sharpe, Starr, Tatum, Wilson, Wilcox, Wade, Williams of 25th, Williams of 36th, Mr. President.

Busb, Mercer,

Morton, :Norman,

0dborne, Upchurch.

Mr. Harris, of the Twelfth District, chairman 'of Com mittee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

296

JOURNAL OF THE SENATE.

Mr. Sheppard offered a resolution relating to the repeal . of the act of Congre~s taxing the issues of State bank~, which was taken up, read, agreed to and ordered to be immediately transmitted to the House.

Mr. Harris, chairman of the committee on General Judiciary, suhmitted the following report:

Mr. President :
The General Judiciary Committee have had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass, to wit:
A bill, by Mr. Wilson of the Fifth District, to be entitled an act to amend section 279 of the Code of 1882, etc.
Also, a bill, by Mr. Cumming of the Eighteenth District, to be entitled an act to prescribe the method of :,;erving hills of exceptions upon non-resident and un~epresented defendants in error, and for other purposes.

Also, a bill, by Mr. Monro of the Twenty-fifth District, to be entitled an act to amend section 2057( f) of the Co<le of Georgia of 1882, an.d for other purposes.

They have also had under consideration the following bill, by Mr. Wade of the Seventeenth District, to be entitled an act to alter and amend paragraph 2, section 2, article 7 of the Constitution of the State, and they direct me to report the ~ame hack to the Senate, with the recommendation that it do pass as amended.

They have also had under consideration the following bills, and they direct me to report the same back to the Senate, with the recommendation that they do pass by substitute, to wit:

FRIDAY, NovEMBER 30, 1894.

297

A bil1, by Mr. Venable of the Thirty-fifth District, to be entitled an act to authorize insurance brokers to place insurance on property of citizens of the State in fire insurance companies not licensed or authorized to do business in this State, and for other purposes.

Also, a bill, by Mr. Harrison of the Twenty-first District, to be entitled an act to abolish the office of County Treasurer, so far as relates to Twiggs eounty, and for other purposes.
Respectfully submitted. N. E. HARRIS, Chairman.

A minority of the Committee on General Judiciary submitted the follo\ving minority report :

Mr. President:

On Senate Bill No. 105, to amend section 2057(f) of the Code, which prescribes that ail titles made as a part of a usurious contract are void :

The minority of the committee disagree with the majority for the following rea~ons :

1. This bill is wrong in principle and contrary to the

policy of our laws upon the subject of usury.

:l. It makes a radical change and strikes down the last

real safeguard. for the protection of debtors against the ex-

tortion of usurers.



3. Practically, it will retire all mortgages, and thus the

usurer will successfully circumvent the homestead laws

and statutes for the protection of the widows' dower.

Therefore the minority of the committee recommend

that the bil1 do not pass.

Respectfully submitted.

WALTER C. BEEKS,

w. WALTER

SHEPPARD.

CLAIBORNE SNEAD,
M.G. BoYD.

298

JouRNAL oF THE SENATE.

Mr. Cumming, acting chait man of the Special Jndiciary Committee, submitted the following report:

Mr. President :
The Special Judiciary Committee have had under consideration House bill No. - , by Mr. Redding of Pike, to provide a system of registration for Pike county, which they instruct me to report back, with the recommendation that the same do pass as amended.
Respectfully submitted. BnYAN CuMMING, Chairman pro tern.

On motion of Mr. Harris of the Twenty-second District, it was ordered that one hundred copies of bills of the Senate Nos. 5 and 55 be printed for the me of the Senate.

The following message 'was received from the House of Representatives, through Mr. M. A. Hardin, the Clerk thereof:
Mr. President :
The House has p'lssed, by the requisite constitutional majorities, the following House bills, to wit:
A bill tl} be entitled an act to make appropriations for the ordinary expenses of the Executive, Judicial, and Legislative Departments of the Government, payment or public debtand the interest thereon, and for the support of the public instituti6ns and educational interests of the State for each of the fiscal years 1895 and 1896, and for other purposes.

Also, a bill to amend section 6 of an act to establish a system of public schools in Washington, Ga., approved September 14, 1891, and for other purposes.

FRIDAY, NovEMBER 30, 1894.-

299

,Also, a bill to amend the charter of the town of Vienna,
in the county of Dooly, so as to authorize the establishment I
of a system of public schools in said town.

Also, a bill to exclude from the jurisdiction of the City Court of Atlanta certain cases where the amount involved does not exceed one hundred dollars, and for other purposes.

Also, a bill to abolish the County Court o~ Decatur county, to provide for the disposition of the bw;iness pending therein, and for other purposes.

Also, a bill to incorporate the town of Oakland City in .the county of Fulton, and for other purposes.

Also, a bill to release A. F. Welborn, of Union county, as surety on the penal bond of Poley Chastain, now under; going sentence in chain-gang.

Also, a bill to transfer the county of Dawson from the Blue Ridge Judicial Circuit to the Northeastern Judicial Circuit.

Also, a bill to create a Board of Examiners for boilers and st.8.tionary engines for Fulton county.

Also, a bill to provide for the payment by the county of Dougherty to the officers of court in Dougherty county of <:ost of prosecution in all cases where convicts work on the <:hain-gang of 81lid county.

.Also, a bill to amend an act approved February 17, 1877, being an act to amend au act to establish a Board of Commissioners for the county of Talbot, approved February 16, 1876.

.Also, a bill to require the State Librarian to furnish the Georgia Reports, Codes, and Laws to the County of Heard.

300

. JOURNAL OF THE SENATE.

Also, a bill to create a sinking fund to pay off and retire bonds of the State as they mature in accordance with article 7, section 14, paragraph 1 of the Constitution of 1877.
Also, a bill to provide for a Board of County Commissioners for the county of Jones.
Also, a bill to amend paragraph 2 of section 943 of the Code of 1882, prescribing fees to be collected by Secretary of State.
Also, a bill to amend an act to establish the City Court of Macon, in and for the county of Bibb, and for other purposes:
Also, a bill to repeal an act to provide for and require the registration of voters in Baker county.
Also, a bill to change the time of holding the Superior Court in the county of Dawson, and for other purposes.
Also, a bill to allow and authorize County Judges to hold court in other counties than those of their residence.
Also, a bill to incorporate the town of Newborn in the county of Newton.
Also, a bill to abolish the Cotmty Court of Lowndes county, to provide for the disposition of the business and the papers therein.
Also, a bill to provide for the safe keeping of the registration, books of Chatham county.
Also, a bill to repeal an act to require the registration of voters in Mcintosh county, to provide for the same, and for other purposes.
Also, a bill to provide compensation for the members of the Board of Commissioners of Roads and Revenues for the county of Colquitt.

FRIDAY, NOVEMBER 30, 1894.

301

The House has also passed, as amended, the following bills of the Senate, to wit:

A bill to repeal act to create a Board of Commissioners of Roads and Revenues for the county of Carroll.

Also, a bill to amend the act regulating the municipal elections in the city of Savannah.

The House has also concurred in the substitute of the Senate for the following bill of the House, to wit:

A bill to fix the time for holding the election for city officers by the Mayor and Council of .the city of Savannah, and for other purposes.

On motion of Mr. Lewis, the bill of the Honse to make appropriations for the expenses of the executive, judicial and legislative departments of the government; of public debt and the interest thereon, and for the support of the public schools and educational in-stitutions of the State, for each Of the fiscal years 18~5 and 1896, and for other purposes, was read the first time, referred to the Committee on Finance, and one hundred copies thereof ordered to be printed for the use of the Senate.

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

By Mr. Boyd-
A bill to amend section . 752 of the Co~e of 1882 so as to give additional privileges to miners for carrying off crude ores, and for other purposes.
Referred to General Judiciary Committee.

302

JoURNAL OF THE SENATE.

By Mr. Roberts-
A bill to repeal an act to amend the charter of the city of Milledgeville, approved February 15, 1876,,and for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to provide for and regulate the way and manner in which returns of property for taxations shall be made t~ the lawful authorities of the city of Milledgeville, etc., and for other purposes.
Referred to Special Judiciary Committee.
By Mr. Venable; the President-
A bill to repeal section 4 of an act to regulate the business of insurance in this State, and for other pmposes, approved October 24, 1887.
Referred to General Judiciary Committee

On motion of Mr. Morton, the following bill of the House was taken up. under a suspension of the rules, viz.:

A bill to alter and amend the act incorporating the town of So_~ial Citcle, in the county of Walton, ete., and for other purposes.
The committee reported in favor of its passage with amendments.
The report was agreed to.
The bill was read the third time and passed as amended; ayes 34, nays 0.
On motion or Mr. Lewis, the Senate took up the report of the Finance Committee on the joint resolution from the House providing for indexing the ,Journals of the House of

FRIDAY, NOVEMBER 30, 1894.

303

Representatives and the Semite for the sessions of 1894 and 1895.

The report was favorable and agreed to.

The resolution was read the third time, and on the question of its pussage the ayes and nays were recorded.

Those who \'oted in the affirmative are Messrs.-

Beeks, Broughton, Bussey, Boyd, Brand, Brown, Unmming, Craigo, Harris of ThirJ, Harris of Twtllfth, Harris of 22d, Harrison,

Johnson, Keen, Lt-wis, Little, Lumpkin, McMillan, Monro, McGarity, McClure, Norman, Osborue. Ryal,

Those not voting were Messrs.-

Roberts, Sheppard, Story, Sanford, Snead,
~harpe,
Starr, Tatum, Wilson, Wade, Williams. Whitley.

Bush, Long, Mercer,

McGregor, Morton, Upchurch,

wilcox, Mr. President.

Ayes 36. Nays 0. Not voting 8.

So the resolution was. concurred in by a constitutional majority.

On motion of Mr. o..borne, the Senate took up and con-
curred in the House amendments to the bill of the Senate to amend the act regulating municipal elections in Savannah.

On motion of Mr. Sharpe, the House amendments to the bill of the Senate to rE-peal an act to create a Board of Commissioners of Roads and Revenues fi1r the county of Carroll, were taken up and concurred in.
The Senate, on motwn, took up the report of the General Judiciary Committee on the bill of the &nat~ to repeal



304

JouRNAL OF THE SENATE

the acts abolishing the office of County Treasurer of Twiggs county and to create the office of Treasurer for said county, .and for other purposes.
The committee reported in fuvor of its passage by substitut-e, which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended, by substitute; ayes 27, nays 0.

Mr. Wilson, chairman pro tem. of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing have examined the filllowing bills and resolution, and find them properly engrossed and ready to be transmitted to the House of RepJesentatives, to wit:
A bill to be entitled an act to amend and regulate the ptactice concerning motions for new trials and bills of ex-ceptions.
Also, a bill to be entitled an act to regulate the law of .assignments for the benefit of creditors, etc.
Also, a resolution to appoint James A. Green, of Milledgeville, agent of the State of Georgia to collect certain sums for the State of Georgia from the general government, .and for other purposes.
Respectfully submitted. LEON A. WILSON, Chairman p1o tem.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to provide for the levy ..and sale of property where the defendant in ji. fa. has an interest therein, but does not hold the legal title thflreto, ..and to provide for the distribution of the procee~s arising from such sale.

FRIDA1'", NovEMBER 30, 1894.

305

The committee reported in favor of the passage of this bill, with certain amendments.
On motion of Mr. Starr, t}le report was amended as follows:
Amend by adding the following section, to be known as section 5:
Section 5. Be itfurther enacted, That in all causes provided for in this act notice of the levy and time of sale shall be given by the levying officer to the holder of the
legal title, if known, and also to the defendant in fi. fa.,
and, in case of death, their legal representatives. Depositing a letter in the post-office properly addressed and stamped shall be deemed sufficient notice under this section.
Amend by making section 5 section 6.
On motion of Mr. Monro, the report was further amended by striking from the bill sections 1 and 4. '
On motion of Mr. Bussey, the report was further amended by striking out from section 2 the words "Be it further enacted," and inserting in lieu thereof the words "Be it enacted by the General Assembly of the State of Georgia."
The report was further amended, on motion of Mr. Starr, by making section 2 section 1, section 3 section 2, and section 5 section 3.
The report, as amended, was agreed to.
The bill was read the third time and passed as amended; ayes 23, nays 5.
The Senate took up the report of the Special Judiciary Committee on the f<>llowing bill of the House:
A bill to provide for and require the registration of all voters in the county of Pike, etc., and for other purposes.
20s

306

JorRNAL OF THE SENATE.

The committee reported in favor of its passage, with amendments, which were adopted, and the report was agrf:led to.
The bill was read the third time and passed as amended; ;ayes :28, nays 0.

'The Senate took up the report of the Committee on Corporations on the bill of the House 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 of corporate powers and privileges to navigation companies by the Secretary of State, to define the powers, rights, privileges, immunities, and liabilities of such navigation companies, to regulate the same; to grant renewals of charters, and for other purposes.
The report was agreed to.
The bill was read the third time and passed by constitutional majority; ayes 29, nays 0.

The following bills of the House were read the first time and referred as indicated, to wit:
A bill to provide a Board of Commissioners for Jones county, and for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to provide for the safe keeping of the registration books of Chatham county.
Referred to Special Judiciary Committee.

Also, a bill to provide for the payment, by the county of Dougherty, to the officers of court in the county of Dougherty, costs of prosecution in all cases where convicts work on the chain-gang of said county.

SATURDAY, DECE!>IBER 1, 1894.

:307

Leave of absence was granted Mr. Williams for to-morrow, to Mr. Craigo for to-morrow, to Mr. Little for Satur.<lay and Monday, to Mr. McGarity for Saturday and Moo-day, to Mr. Harris, of the Twelfth District, until 'Vednes<lay next, and to the committee to visit the University of Georgia for Monday next.
The Senate adjourned on motion until 10 o'clock a. m. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA,
Saturday, December 1, 1894, 10 O'clock A. M.

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

Prayer was offered by the Chaplain.

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

Beeks, Brougbton, Bussey, Boyd, Brand, Cumming, Harris of Third, Harris of 22d. .Johnson, Keen,

Long, Lumpkin, McMillan, Monro, McClure, Norman, Osborne, Ryals, Roberts, Sheppard,

Story, Hanford, Snead, Sharpe, Tatum, \Vilcox, \Vade, Williains of 25th, Williams of 36th, Mr. Pr~sident.

Those absent were Messrs.-

.Bush, Brown, Craigo, Harris of Twelfth, Harrison,

Lew is, Little, Mercer, McGregor Mort.on,

McGarity,
~tarr,
Upchurch, Wilson.

Mr. Monro, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

,JOURNAL OF THE SENATE.
Mr. Broughton, chairman of the Committee on Agriculture, submitted the following report:
Jfr. Pre.~ident : Your committee haYe had under consideration the fol-
lowing Senate bill, which they instruct me to report back, with the recommendation that it do pass, to wit:
. A bill to be entitled au act to define the rights of land_:
lords, to vest th'e title to all crops grown on rented prem-
ises in the landlord until all debts due by the tenant to the landlord for rent and supplies furnished to make the crops are. fully paid, and for other purposes.
Respectfully submitted. \V)l. A. BROUGHTON, Chairman.
Leave of absence was granted Mr. Johnson, on account of sickness in his family.
Mr. Sharpe, chairman of the Committee on Enrollment, submitted the fnllowing report:
Jlr. P1esident: Your Committee on Enrollment have examined the fol-
lowing acts and find them properly enrolled and ready for the signatures of the Ptesident and Secretary of the Senate, to wit:
An act to repeal an act to create a Board of Commis;;ioners of Roads and Revenues for the county of Carroll, and for other purposes.
Also, an act to amend an act regulating municipal elections in Savannah, Ga.
EDWIN R. SHARPE, Chairman.
Colonel H. J. McGee was invited to a seat in the Senate during his stay in this city.

SATURDAY, DECEMBER I, 1894.

309

On motion of Mr. Harris of the Third Dfstrict, the Hon. T. R. Whitley was added to the Special Judiciary Committee.
Mr. Long, chairman Committee on Banks, submitted the fi)llowing report :

Mr. President:

Your committee have had under consideration the following hill by Mr. Brand of the Thirty-fourth, No. 63, which they recommend the author be allowed to withdraw:

A hill to amend an act imcorporating the Cow{!ta Bank, approved October 24, 1887, so as to change the name from Coweta Bank to People's Bank, and for other purposes.

Respectfully submitted.

N. G. LoxG, Chairman.

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

A bill to amend the charter of the town of Vienna. Referred to Committee on Education.

Also, a bill to amend section 6 of an act to establish a system of public schools in the town of Washington, Ga., etc.
Referred to Committee on Education.

Also, a bill to amend the charter of the town of Vienna. Referred to Committee on Education.

Also, a hill to provide for the payment by the county of Dougherty to officers of court in Dougherty county of costs of prosecution in all cases where convicVJ work on the chain-gang of said county.
Referred to Special Judiciary Committee.

:no

\
.JouRXAL oF THE SEXATE.

Also, a bill lo exclude from the jurisdiction .of the City
Court of Atlanta certain cases where the amount invohed does not exceed $100, and for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to amend an act to amend an act to establish a Board of County Commissioners for the county of Talbot.
Referred to Speeial JudiciHy Committee.
Also, a bill to establish the County Court of Decatur county, ~nd for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to trausfer the 'county of Dawson from the Blue Ridge Judicial Circuit to the Xortheasteru Judicial Circuit, and for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to create a Board of Examiners for Boile1 and Stationery Engines for Fulton county.
Referred to Special Judiciary Committee.
Also, a bill to allow and authorize County Judges to hold court in other counties than those of their residence.
Referred to General Judiciary Committee.
Also, a bill to relieve A. F. Welborn, of Union county, as surety on the penal bond of Poley Chastain, now undergoing sentence in the chain-gang.
Heferred to Committee on :Finance.

Also, a bill to amend paragraph 2 of section 94:3 of the Code of 1882, llrescribiog fees to be collected by the Secretary of State.
Referred to Finance Committee.

i

SATURDAY, DECE)JBF.R 1, 1894.

311

Also, a bill to provide compensation for the members of the Board of Commissioners of Roads and Revenue,s for Colquitt county, and for the clerk of said board.
Referred to Special Judiciary Committee.
Also, a hill to ptovide a Board of County Commissioners for Jones com1ty, and for other purposes.
Referred to Committee on Special Judiciary.

Also, a bill to incorporate the town of Newborn, in Xewton county.
Referred to Committee ou Co1porations.
Also, a bill to abolish the County Court of Lowndes county, and for other purposes.
Referred to Special Judiciary Committee.
Also, bill to create a sinking fund to pay off and retire bonds of the State as they mature, etc.
Referred to Committee on Finance.

Also, a hill to change the time of holding the Superior Court in the county of Dawson, and for othet purposes.
Referred to General .Judiciary Committee.
Also, a hill to require the State Librarian to furnish Georgia Reports, Codes, and Laws to the county of Heard.
Referred to Finance Committee.

Also, a bill to repeal au act providing for the registration of voters in Baker county.
Referred to General Judiciary Committee.

Also, a bill to incorporate the town of S)akland City, in the county of Fulton.
Referred to Committee on Corporations.

312

JoURNAL OF THE SENATE.

Also, a bill to repeal an act to require the registration of voters in Mcintosh county.
Referred to Special Judiciary Committee.

Also, a hill to amend an act to establish the City Court of Macon, etc., and for other purposes, approved August 14, 1885.
Referred to General Judimary Committee.

Mr. Sheppard offered the following privileged resolution, which was read and unanimously adopted, to wit:
WHEREAS, The Almighty has in his infinite wisdom deemed it proper to remove from the walks of life the late honored and distinguished Georgian, the Hon. Joseph E. Brown; therefore be it
Resolved by the Senate of Georgia, Of which body he was once such an able and distinguished member, that we learn with profound regret of his lamented death, and that we extend our sincerest sympathies to the grief-stricken family in their sore bereavement.
Resolved, That these resolutions be entered on the Journal of the Senate and a copy be sent to the family.

The following communication was received from his ExcelleQcy, the Governor, through Mr. Warren, his Secretary, to wit:
Mr. Hesident : I am directed hy the Governor to deliver to the Senate a
communication in writing.
On motion of Mr. Monro, the communication 'of the Governor was taken up and read as follows :

SATURDAY, DECEMBER 1, 1894.

813

ExECUTIVE DEPARTMENT,
Atlanta, Ga., December I, 1894.
To the General Assembly :
I am deeply pained to announce the death of Hon. Joseph E. Brown.
The part taken by this illustrious Georgian in public affairs, the high offices he has filled with distinguished ability, and i.he honor reflected on the State from his long and faithful public service, render it proper that the chosen representatives of the people should take some action in view of this sad announcement.
I respectfully suggest the appointment of a joint committeeto confer with the family of the deceased, and to eonsider and report what part in the funeral ceremonies shall be taken by the officials of the State.
,V. Y. ATKINSON, Governor.
Mr. Harris, Chairman of the General Judiciary Committee, submitted the following report:
Mr. Pre-Sident :
The Committee on the General Judiciary have had under eonsideration the following Senate hip, which they direct me to report to the Senate, with the recommendation that the same do pass, to wit:
No. 98, by Mr. Roberts of the Twentieth District-
A bill to repeal the law defining and regulating court eontracts, and prescribing the manner of enforcing the same, etc.
Also, the following Senate bills which they direct me to report to the Senate, with the recommendation that they do paes, as amended, to wit:

314

,Jm:RXAJ. OF THE SENATE.

Xo. 102, by Mr. Cumming of the Eighteenth District-
A bill to authorize the State Librarian to appoint and remove his assiEtant, etc.
Also, No. 106, by Mr. Wilson of the Fifth DistrictA bill to secure a fair and impartial jury for the trial of
criminal cases, etc.
Also, No. 87, hy Mr. Harrirs of the Twenty-second DistrictA bill to fix a lien in favor of persons furnishing mate-
rial and supplies to railroads, etc.
Also, the following Senate hill which they direct me tn report to the Senate, with the recommendation that it he "'"read the second time and recommitted, to wit:

Xo. 107, by Mr. Wilson of the Fifth District-

A bill to prescribe the mode of changing venue in criminal cases in the Superior Courts, etc.

Respectfully submitted.

"X. 1<::-. HARRif;, Chairman.

The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
.1lfr. Pre~Uknt:
The House ha:-; concurred in the Senate amendment to the following bill of the House, to wit :
A bill to amend the several acts incorporating the town of Social Circle in the county of Walton; to provide for a )layor and define his powers, and fi>r other purposes.

The House has also adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit:

SATCRDAY, DECE:~IBER I, 189-!.

315

A resolution appointing a committee of five from the House and three from the Senate to draft suitable resolu-
tions to the memory of Hon. Joseph E. Brown, and arrange
to attend the funeral services in a body.
The committee on the part of the House are Messrs. Holland, Middlebrook, Broyles, Railey, and Hutcherson.
The resolution referred to in the foregoing message from the Honse wa!', on motion, taken up, read, and concurred
lll.
The President appointed as the committee on the part of t.he Senate, Messrs. Shropshire, Beek.s, and Cumming.
On motion of Mr. McClure, two hundred copies of the report of the Committee on the Deaf and Dumb Academ~ we1e 01dered to be printed for the use of the Senate.
On motion of Mr. Monro, one hundred copies of Senate Bili No. JO;j were ordered to he printed for the use of the fenate.
I ..eave of absence was granted Mr. Sanford for l\Ionda~ next.
The Senate, on motion of Mr. Roberts, took up the report of the General Judiciary Committee on the bill of the Senate to repeal the law defining and regulating court contracts, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 26, nays 0.
The following bill of the Senate was read the second time, and one hundred copies were ordered printed for the use of thf:' Senate, to wit :
A bill to amend section 20.57(f) of the Code, etc., and for other purposes.

316

JOURNAL OF THE SENATE.

'fhe following bills were introduced, read the first time, and referred as indicated, to wit:

By Mr. Sanford-
A bill to require railroad corporations and all others controlling or operating any railroad in this State, to provide spark arresters on the locomoti,es used upon'saicl railroads, etc., and for other pmposes.
Referred to Committee on Railroads.

Also, a bill to require corporations and others operating railroads in this State to keep clear the right of way of such railroad, etc, and for other purposes.
Referred to Committee on Railroads.

By Mr. Venable, the PresidentA bill to amend an act to regulate the business of insur-
ance, approved October 2-!, 1887. Referred to General Judiciary Committee.

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

A bill to amend section 279 of the Code of 1882.
Also, a bill to prescribe the mode of changing venue m criminal cases in the Superior Courts of this State.

Also, a bill to authorize the librarian to appoint and remove his assistant.

Also, a bill to allow the jury in a criminal or civil action to inspect the real or personal property, the subject of litigation, or the place in which any material fact occurred, or where the offense was committed, and for other purposes.

SATURDAY, DECE:\fBER 1, 1894.

317

Also, a bill to secure a fair and impartial jury for the trial of C'riminal cases.

Also, a bill to prescribe the method of attestation and acknowledgment of deeds to realty and personalty executed without this State, to authorize their record in this State~ r.nd for other purposes.

Also, a .bill to prescribe the method of serviug bills of exceptions upon non-residents and unrepresented defendant'l in error, and for other purposes.

Also, a bill to define the rights of landlords, etc., and for other purposes.

Also, a bill to fix a lien in favor of persons furnishing material andsupplies to railroad companies, etc.

Also, a resolution to relieve the London Guarantee and Accident Company of London, England.

The bill of the House to appropriate the sum of $500, or so much thereof as may be necessary, to pay pensions for 1894 to all maimed Confederate soldiers regularly enrolled in the Executive Department, etc., and for other purposes, was read the second tim!j and passed to a third reading.

Mr. Brand, with consent of the Senate, withdrew the l)ill introduced by him to amend an act inc01porating the Coweta Bank, etc.

The Senate adjourned, on motion, until 10 o'clock a. m Monday next.

:318

JoURNAL OF THE SENATE.

SENAT}; CHA:\lBER ATLANTA, GEORGIA,
Monday, December :3, 1894, 10 O'clock A. )f.

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

Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bttssey, Boyd, Brand, Brown, Craigo, Harris of Third, Harris of 22d, Harrison, Keen,

Lewis,
Lon~,
Lumpkin, Mercer, Monro, McClure, Norman, O.;;borne, Ryals, Robert!',

Those not absent were :Messrs.-

Story, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Whitley," Williams of 25th, llr. Ptesident.

Bush, Cumming, Harris of Twelfth, .Johnson, Little,

McMillan,
McGr~or,
Morton, :McGarity,

Rheppard, Sanford, Sne.ad, Wilson

Mr. Bussey, from the Committee on Journals, reported the Journal eorrect. It was then read, and confirmed by the Senate.

Mr. Brand, chairman of the Committee on Corporations, submitted the foll~wing report:

jlfr. Pre~tident :
Your Committee on Corporations have had under consideration Senate Bill No. 45, by Senator Broughton of the Twenty-eighth District, to wit:

MONDAY, DEOEMBER !l, 1894.

319

A bill to be entitled an act to regulate benevolent institutions in this State, etc., and they direct me to re<~ommend the same back to the Senate that it do pass.

Also, a bill, No. 101, by Senator Johnson of the Thirty~ third District, to be entitled an act to amend an act to incorporate the town of Statham, Ga., and they direct me to report same back to the Senate, with the recommendation that it do not. pass.

Respectfully submitted.

C. H. BRAND, Chairman.

The bill to regulate benevolent institutions in this State, etc., was taken up, read the second time, aoo one hundred copies were ordered printed for the use of the Senate.

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

Jir. President:
The Special Judiciary Committee, having had the following hills under consideration, report the same and ask that they be read the second time and recommitted, to wit :

A bill to regulate the way and manner in which returns of property for taxation shall be made to the lawful authorities of Milledgeville.

Also, a bill to repeal an act to amend the charter of the city of Milledgeville.

Respectfully submitted.

S. R. HARRIS, Chairman.

The bills set forth in the foregoing report were read the second time and recommitted.

320

JOURNAL OF THE SENATE.

Mr. Sheppard, Chairman of the Joint Committee on the part of the Senate under a joint resolution to draft suitable resolutions of respect to the memory of Georgia's distinguished sou, Hon. Jos. E. Brown, and to make such arrangements as may be necessary for the members of the General Assembly to attend his funeral in a body, beg leave to submit the following:
Resolved 1, That iu the death of Ex-Senator Joseph E. Brown, Georgia has lost one of her most distinguished sons, one who, as Governor of this State, Chief Justice of the Supreme Court, and U nitcd States Senator, has exhibited the wisest statesmanship, the highest judicial ability, and noblest civic virtues, and who has in his exalted character and in his remarkably eventful life, illustrated the 'dignity, the glory, and the honor of this commonwealth.
&solved 2, That it is with profound sorrow that this General Assembly has learned of the death of this illustrious son of Georgia, and our sympathies are hereby extended to his bereaved family.
Resolved 3, That these resolutions be spread upon the Journals of the Senate and copies of the same be furnished the family of the distinguished dead.
Resolted 4, That the General Assembly be requested to attend the funeral in a body.
W. W. SHEPPARD, Chairman,
w. c. BEEKS,
BRYAN CUMMING, On part of Senate.
R. X. HoLLAND, L. L. MIDDLEBROOK, ARNOLD BROYLES, DAVID J. BAILEY, JR., THus. liuTCHERsoN, JR.,
On part of House.

MoNDAY, DECEMBER 3, 1894.

321

Mr. Lewis, Chairman of the Committee on the NorthEastern Railroad, submitted the following repmt, two hundred copies of which were ordered to he printed for the use ol the Senate:

111r. President
The Special Joint Committee appointed under the resolution adopted by this General Assembly to examine int() the physical and financial condition of the Northeastern Railroad, now being operated by the State, beg leave t() submit the following report:
Your committee, pursuant to the resolution aforesaid. visited Athens, the southeastern terminus of the road7 where they found awaiting them a special train provided by the State's agent, Mr. R. K. Reaves, to carry them over the property.
Your committee made an examination of the entire road and its equipment. This was done under the guidance of th.e State's agent aforesaid, who was well acquainted with all the property, as well as the tenure under which each separate parcel was held. The committee devoted as much .care and attention to the .examination as the circumstancE'-~ of the case would admit.
TERMINALS.
The terminals at Athens and Lula were given a careful inspection, and a note made of all the property connected therewith. At Athens these terminal facilities were found in reasonably good condition. Four storage tracks are in !Jse at that point, in addition to the Oil Mill and CQmpress
218

:322

JOURNAL OF THE SENATE.

tracks. The platforms were found in passable condition :and were covered with cotton-an attractive sight to your -committee, as this doubtless indicated a fair pre;;;; of business at this season of the year.
At Lnla~ the brick warehouse, belonging to the road, was found in good repair, but the yard tracks adjacent were all laid with old iron and presented by no means an attractive appearance.
DEPOTS AND TRESTLES.
Your committee examined the depots and trestles between the termini aforesaid, and found them in reasonably fair condition. At Harmony Grove, the depot is comparatively new, and presented a very attractive appearance to your committee, being fitted up with waiting rooms, freight rooms, etc., all of recent style.
The lands adjacent to the depots belonging to the railroad were pointed out by Mr. Reaves to the committee, and in many cases were found to be very valuable adjuncts to the :property.
Your committee was not able to make a detailed examiTJation of the trestles and culverts, owing to the limited time at its command.
ROADWAY, EfC.
The roadway, including embankments, side mtches, <lrains, etc., were given a reasonably careful examination :and found to be in what your committee believes a first.:. -class condition. The roadway is free from grass, or other growth, and appeared to have been lately ditched, surfaced up in many places, and brought to a very fine standard of -excellence. At several points the train was stopped and your committee gave a careful scrutiny to the cross-ties, rails, fastenings, switches, frogs, and other articles of track -equipment. v
The cross-ties are of oak, and while showing signs of de-

MoNDAY, DECEMBER 3, 1894.

323

-cay in many places, are in better condition than those of the :average short lines of the State. With the usual repairs and additions your committee believed that the cross-ties would last two years longer without any very extenceJ t'enewals.
OLD IRON.
Your committee found 51- miles of old iron used on the irack on either side of the station known as Maysville, and :at the terminus in Lula. After a careful examination of this iron, your committee is of the opinion that the road :Should not be operated by the State without immediately repairing the same. The heavy traffic over the road, even now in progress, rl:'nders this operation in the present condition of the track, very hazardous. The iron, originally very light, is split and laminated to a great extent, through.out the entire 51- miles; the joints are broken, the ends ate mashed, the rails appear to have been bent in many places beyond all recovery. After consultation with the agent, it was believed that at least 1! miles of new steel should be .Ordered at once, for the purpose of taking up the crushed .and mutilated rails existing in this 51- miles, and supplying the place of those rails otherwise unfit for use. As the State is now operating the road, it certainly owes to the public the duty of putting the property in safe condition. The State cannot afford to deal with the public on any other basis.
Your committee was very much gratified as well as surprised to learn, that the road has n,ow been ~perated for the .space of one year by the faithful and efficient agent appointed for that purpose, without suffering any material accident during that time. In fact the agent told us that he had never yet had a wheel off the maio line of the road. The chapter of accidents which he has suffered, comprehend the killing of one mule and the mashing of one negro's foot.

324

.JouRNAL OF THE SENATE.

"There are no suits growing out. of his operation and no probability of any," to quote his expression.
TRAIN SERVICE.
Your committee found that the agent is operating four passenger and two freight trains per day over this 39 miles of road. When the business increases, as often times happens in the fall, additional trains are run, sufficient to move the volume of the same.
GARBETT'S REPORT.
Your committee found that Mr. Cecil Gabbett, a very effi.dent railroad expert, had been appointed by the Governor to make a careful examination of the physical condition of this railroad, with its equipment and financial standing, and that he preceded the committee by only two or three days in making such examination. Since the visit of your committee, his report has been filed with the Governor, and will he found attached to the message laid before the General Assembly on November 26, 1894, and printed therewith.
Your committee refers to said report for a more detailed statement of the condition of the road and its equipment. Mr. Gabbett went over the road on a hand-car, and carefully inspected every piece of property connected therewith, with the diligence and ability which have always characterized the acts of this very able expert.
According to the report referred to, it will require 13,750 cross-ties within the next twelve months, at a probable costof$2,750.00 to keep the road in safe running condition. He recommends the purchase of one mile of 56-lb. steel rail, which he says will probably cost $2,376.00, making a total amount required to put the track in what he conceives to be in a safe condition for twelve months, of $5,126.00.

MoNDAY, DECEMBER 3, 1894.

325

Your committee are of the opinion, however, that at least 1! miles of new steel rail should be bought, thereby increasing the cost by $1,188.00, and making a probable total expenditure of $6,314.00 for the next twelve months in the way of necessary repairs.
Your committee does not think the State of Georgia can afford to run the railroad without incurring this expense.
COST OF NEW RAILS.
At the probable rate per mile, figured by Mr. Gab-
bett, the 5t miles of new rails, deemed necessary to
put the road in average first-class condition and to secure that degree of safety to the public which the State, in its capacity as proprietor of the road at this time, owes to its citizens, would entail an expense, including the necessary cross-ties aforesaid, of $15;224.
SUMMARY.
On the whole, your committee was very agreeably surpri:sed to find the condition of the road a<~ good as that indicated herein. Mr. Reaves has been operating the property on a very economical scale, as will appear from the report of Mr. Gabbett; but at the same time, has obtained for the funds invested apparently the best return possible.
FINANCIAL CONDITION.
Your committee found the road free of indebtedness, so far as the State is concerned, with the exception of some~ traffic balances due to connecting lines, for which the agent has the money deposited in bank. In fact, your committee found that the bank account of the agent shows a balance of $41,013.24_. Of this sum, however, it is estimated that only about $5,000 belongs to the road and is available forcharges other than operating. expenses.
The road's earning capacity is about $10,000 or $12,000 per annum, operated as a short line. This, however, will

326

JOURXAL OF THE SENATE.

not meet the fixed charges, as will be hereinafter more fully shown.
BONDS.
The bonded indebtedness of the road endorsed by the State, is $260,000. These bonds are secured by a first mortgage upon all the property of the Northeastern Railroad Company, including the line extending from Athensto Clayton. The bonds bear seven per cent. interest, and fall due on the first day of May, 1896.
A copy of the mortgage executed to secure these bonds, which Eets out fully the contract with the bond-holden;:, is
annexed to this report as exhibit "A". To this mortgage
the attention of the General Assembly is most earnestly invited, for a full understanding of the terms and conditions on which the contract was made between the railroad company and the creditors holding its bonds. The guarantee of the State upon the bonds is of course based upon this original contract, and the rights of the State are to be settled by an examination of the mortgage and a comparison of its conditions with those of the bonds themselves.
SECOND MORTGAOE BONDS.
Your committee found that there wa.'! a second mortgage on the property to cover an outstanding issue of second mortgage bonds amounting to $19,100.00, also bearing seven per cent. interest per annum.
With this mortgage, however, the State dees not deal, asthe Rame is made subject to its rights under the Act which authorized the indorsement of the first mortgage bonds.
INTEREST ACCOUNT.
The interest per annum, carried by the first mortgage bonds amounts to $18,200.00. Your committee finds that the Governor has paid one instalment of this interest,. amounting to $9,1 00.00, since the State took possession

MONDAY, DECEMBER 3, 1894.

327

and began to operate the property. The amount ofinsteret unpaid at the time of making this report on the first mortgage bonds, for which the State is liable, amounts to $18,966.66
It will be observed, from the foregoing statements, that the net earnings ofthe road will not be sufficient to pay the interest on the bonds guaranteed by the State, but will fall short of the same according to the estimate of the State's agent, by about $8,000.00 per annum. This annual deficit will continue, with reasonable certainty till the bonds fall due, on May 1, 1896.
VALUE OF THE ROAD.
It will be seen from the report of Mr. Gabbett that the road is iu possession of a very limited outfit in the way of rolling stock, machinery, and other necessary equipment. While the agent bas been able to borrow from connecting lines, at very reasonable rates, the rolling stock necessary to the running of the road, yet the items for repairs, engine hire and car mileage absorb no inconsiderable amount of the revenue, and will necessarily increase with the increase of traffic and other business. It would he well therefore, in the opinion of the committee, if the road is to continue to be operated by the State for any considerable period, that the additional engine suggested in the report of Mr. Gabbett be purchased,as well as the necessary cars for the operation of the line.
OPERATING AGREEMENl' WITH RTCHMOND AND DANVILLE RAILROAD CO.
For the purpose of putting the General Assembly in possession of the facts concerning the previous operatio~ of this railroad, and especially of the claims preferred against it by the former alleged lessee, your committee annexes hereto, as exhibit "B," the operating agreement entered into between this company and the Richmond & Damille Rail-

328

JoURNAL OF THE SENATE

road Company, on the 14th of June, 1886. The receivers of the latter company were in possession of the property under this agreement at the time when the State took possessiOn.
THE BLUE RIDGE AND ATLANTIC RAILROAD.
It will be observed from an examination of the mortgage hereinbefore referred to, that the Northeastern Railroad Company conveyed to the trustees for the bond-holders ninety (90) miles of railroad, extending from the terminus in Athens to the terminus at or near Clayton, in the same State. It has been stated to your committee that this mortgage covers what is now known as the Blue H.idge & Atlantic Railroad, extending from Cornelia on what was formerly known as the Richmond & Danville Railroad, now the Southern Railroad, to Tallulah Falls in Habersham county, a distance of twelve miles.
Your committee was unable to ascertain the precise facts concerning this claim. If it be true that the mortgage does in fact cover this road, the latter should also be assets for the payment of the bondholders. The property is in the hands of a receiver, but the character of the proceedings which led to its being taken possession of by the court, is not known to your committee.
It would be well for the Attorney-General to investigate c:uefully the rights of the State as to this matter, especially in view of the recent decision of our court in the case of the Atlanta & Florida Railroad Company, which makes the operating expenses of a railroad inferior to the rights of the bond-holders. The State as guarantor is, of course, subrogated to the rights of the latter, whatever they may be.

PROPOSITION TO THE BOND-HOLDERS.
Your committee finds on inquiry that by far the large'lt portion of the first mortgage bonds outstanding of the

MOSDAY, DECEMBER ~. 1894.

329

Northeastern Railroad Company are owned by cmzens {)f this State. They were purchased on the faith of the State's indorsement almost entirely, and your committee recommends that the utmost good faith be shown in all dealings with the holders of these bonds.
After carefully considering the facts of the situation and recognizing fully the State's liability as indorser of these bonds, your committee recommends the following plan for readjusting and refunding the debt due by the State to the holders of the bonds aforesaiu :
The State shall invite all the holders of the Northeastern Railroarl bonds to deposit the bonds with the Treasurer of the t::\tate on or before the 1st day of March, 1895, in order to receive in exchange for the principal thereof, new four per cent. bonds of the State of Georgia running for twenty years, or if the bond-holders prefer to receive in lieu there{)f the money for the same. In either case the accrued interest will be paid in cash.
In order to render thie proposition effective, your committee recommends that the Treasurer be instructed to ad-
vertise in a daily newspaper, located in each congressional district, and in some of the leading papers in prominent northern and western cities, setting forth the proposition for the bond-holders herein contained.
Whenever as many as three-fourths of the bonds have been received and filed with the Treasurer, he shall be authorized to commence the delivery of new bonds in
exchange for the bonds so deposited, and to sell such por'tions of the bonds herein authorized to be issued, as may be necessary to realize the money required to meet the interest and such of the principal of the Northeastern Railroad bonds as shall become payable in accordance with the proposition herein authorized to be made.
Provided, however, That i::: no ease shall any of the bonds of the State be sold for less than par, and provided further,

JOURNAL OF THE~SESATE.
that if, on offering the bonds herein authorized to be issued in tJhe market, it should appear that the State can realize
more than par for the same, then and in that event th~ State
of Georgia will not exchange the bonds for the principal of the Northeastern bonds, but will elect to pay the principal as well as interest due the holders out of the proceeds of the bonds aforesaid.
SALE OF THE ROAD.
Your committee recommends that so soon as this adjustment with the bond-holders has been made, and as much as three-fourths of the bonds thus refunded are paid, that the Governor be authorized and directed to offer the road for 8ale, at public outcry to the highest bidder, after' a reasonahle advertisement of the same. In case the road should not sell for an amount equal to the State's liability, then the Governor be authorized to buy in the road and take the title to the same in the name of the State.
In the latter case we recommend that the operation of the road continue until further legislation can be had or a more propitious time to sell the same shall be found.
Your committee calls the attention of the General Assembly to the fact that there are no existing provisions allowing suits to b<' brought against this railroad company while in the hands of the State. Such legislation is usually deemed necessary under like circumstances, especially in favor of parties in whose behalf a right of action has grown up from the operation of the road by the State.
An elaborate code of laws was prepared to authorize and regulate such suits against the Western and Atlantic Railroad, and more than one Act was passed giving the same right to the public when the Macon and Brunswick Railroad was so operated.
Your committee recommends that the necessary bills be prepared to curry into effect the proposition herein con-

MoxnAY, DECEMBER 3, 1894.

3:31

tained touching the refunding of the bonds as well as the bringing of suits against the property for causes growing out of the operation thereof, and that the same be introilnced into the General Assembly without delay.
E. B. LEWIS, Chairman Senate Committee.
N. E. HARRIS.
u. E. BATTLE,
Chairman House Committee. J. I. Fm~Lwoon,
w. A. DODSON,
House Committee.

332

JouRNAL oF THE SENATJo:.

COPY OF MORTGAGE, NORTHEASTERN RAILROAD COMPANY TO R. K. REAVES AND R. L. MOSS, TRUSTEES.
This indenture, made this twenty-fourth day of October, Eighteen Hundred and Seventy-six, between the Northeastern Railroad Company, a railroad corporation duly created by and under the laws of the State of Georgia, party of the -first part, and Rufus K. Reaves and Rufus L. Moss, trustees upon certain trusts hereinafter specified, parties of the second part: Whereas, the State of Georgia, by the act of the General Assembly entitled an act to open and construct a railroad from Athens, Ga., to Clayton, Ga., via Clarksville, in Habersham county, or some point on the Blue Ridge Railroad near Clayton, by the most practicable route, and approved October seventeenth, Eighteen Hundred and Seventy; and whereas, the State of Georgia, by resolution of its General Assembly entitled, :;t resolution declatory of the meaning of an act passed at this session of the General Assembly repealing all State aid to railroads where rights have not rested, so far as it relates to the Northeastern-Railroad, and approved March third, Kghteen Hundred and Seventy--four, whereby the State of Georgia has become and is bound to indorse fir8t mortgage bonds of the party of the nrst part to the extent of Fifteen Thousand Dollars per mile ; and whereas, the Directors of the said Railroad Company have authorized the issue of the first mortgage bonds of the Company to the amount of Six Thousand Five Hundred Dollars per mile of graded road, amounting in the aggregate to the sum of Five Hundred and Eighty Thousand Dollars; and whereas, the said Directors of said Railroad Company have issued first mortgage bonds of said Company to the amount of Two Hundred and Sixty Thousand Dollars, covering the road, franchise and property of the Company from the city of Athens, in said State of Georgia, and the terminus of

MoxDA Y, DEcEMBER 3, 1894.

333

said road at or near Clayton, in the same State, consisting

of five hundred and twenty bonds of Five Hundred Dollars

each, numbered from one to five hundred and twenty, inclu-

sive, and being the first installment of the above mentioned

aggregate of Five Hundred and Eighty Thousand Dollars of

;first mortgage bonds on said road, and being at the rate of

Six Thousand Five Hundred Dollars per mile of graded road,

and the Company restricted to that amount and rate per

mile, said bonds payable in lawful money of the United

States at the agency of said Company in the city of New

York, interest at (7) seven per cent. payable semi-annually

in lawful money of the United States, as aforesaid, at the

said agency in the city of New York; and to secure the

payment of said bonds and the interest thereon the Presi-

dent is authorized to execute a deed of trust on the road,

property and franchise, as above, said bonds bearing date



first day of May, Eighteen Hundred and Seventy-six; and

whereas, in pursuance of said authority, the said Company

has prepared and executed, as aforesaid, under its corporate
seal and the signatures of John w. Nicholson, its then

President, and John Calvin Johnson, its Secretary and

Treasurer, five hundred and twenty coupon bonds, amount-

ing altogether to Two Hundred and Sixty Thousand Dol-

lars, bearing date on the first of May, Eighteen Hundred

and Seventy-six, and numbered respectively from number

(1) one to (520) five hundred and twenty, both inclusive, in

substance as follows :

THE NORTHEASTERN RAILROAD COMPANY,

STATE OF GEORGIA.
FIRST MORTGAGE BONDE!, ISSUE LIMITED TO $6,500 PER .MILE.
Know all men by these presents, that the Northeastern Railroad of Georgia is indebted to his Excellency, Governor James M.. Smith, and his successors in office, or the, bearers

334

JoURNAL OF THE SENATE.

of this bond, in the sum of Five Hundred Dollars, in lawful

money of the United States for value received, which the

~aid company hereby promises to pay on the first day of

May, Eighteen Hundred and Ninety-six, at the Agency of

said Company in the City of New York, with interest there-

on from the first day of May, Eighteen Hundred and Sev-.

-enty-six, at the rate of (7) seven per centum per annum,

payable semi-annually, in lawful money of the United States,

.as aforesaid, at said agency in the City of New York on the

first day of November and the first day of May of each year,

.on the presentation and surrender of the annexed coupon,

.as they severally become due. This bond is one of the

.series amounting to Two Hundred and Sixty Thousand

Dollars, consisting of Five Hundred and Twenty bonds of

Five Hundred Dollars each, numbered from one to five



hundred and twenty, inclusive, being the first installment

of an aggregate of Five Hundred and Eighty Thousand

Dollars of first mortgage bonds on said Railroad, and he-

.ing at the rate of Six Thousand Five Hundred Dollars per

mile of graded road, and the company restricted to that

amount and rate per mile and secured by a deed of trust

-executed by said company, conveying all of its property

between the city of Athens in said State of Georgia, and

ihe terminus of said road at or ncar Clayton in the same

.State, and its franchises and all its property, real estate or

personal, which may hereafter be acquired to - - -

Rufus K. Reaves and Rufus L. Moss--

- - - - - - - as trustees to secure the payment of said

bonds and the interest on the same. These bonds can only

be indorsed as the company shall finish, complete, and

place in running order twenty miles of its road in a first-

-class manner, and subsequent sections of ten miles and to the extent of only Fifteen Thousand Dollars per ~ile of

road thus finished and in running order, and thereby he-

-comes entitled to the indorsement of the State of Georgia,

MoNDAY, DECEMBER 3, 1894.

335

by which indorsement the State of Georgia becomes liable

for the payment of the principal and interest of these bond,

in case of default as to the same by the company. These

bonds can be registered and made payable by transfer only

on the books of the company.

In witness whereof the said company has caused its cor-

porate seal to be hereto attached, and these presents to be

signed by its president, secretary, and treasurer, the first

day of May, Eighteen Hundred and Seventy-six.

,

JoHN W. NICHOLSON, President.

JoHN CALVIN JoHNSON, Secretary & Treasurer.

And each of the said bonds has indorsed upon it, in order to more completely identify it as one of these secured by these presents, signed by the parties of the second part in these words, to wit:
"The undersigned trustees hereby cel'tify that this is one of the bonds issued under the within mentioned deed of trust, and that the law has been fully complied with.

R. R

K. L

,R...EAVES,} Trustees.
.J.n.OSS,

And whereas, the said bonds have been prepared with a view of obtaining the indorsement thereon of the State of. Georgia, 111 the pur;;uance to the act incorporating said railroad company with the requirements of the said act incorporating said railroad, and in accordance with the resolutions of the General Assembly of Georgia, below hereinmentioned, and it is the intention of said company to issue and negotiate said bonds, from time to time, for the purpose of raising money with which to complete and equip its railroad, aud in order to facilitate such negotiations, these presents are executed, whereby it is intended to grant and convey the entire railroad of the said company, together with its equipments and all other property, reaJ and personal, which is now held or owned, or which shall hereafter be acquired by the said company in trust, for the equal

336

JOL'RNAL OF THE SENATE.

benefit and security of all the persons and bodies corporate who have, or may, become holders of the said bf\nds, or any of them, without reference to the time when they respectively may have been or may be issued, or negotiated. Now, therefore, this indenture witnesseth that the said party of the first part, in order to convey such intentions into eflect, and to secure to the persons and to bodies corporate, who have or shall Lecome holders of said bonds, the prompt payment, according to their tenor and effect, and lor the further consideration of five dollars to the said party of the first part, paid by the parties of the second part, doth hereby grant, bargain, sell, infeoff, release, assign, convey and confirm nnto the said party of the second part, and to the successors and assigns, all and singular, the entire railroad of the party of the first part, extending from Athens, Ga., to the terminus of said road, at or near Clayton, in the same State, a distance of ninety miles, with everything appertaining thereto, including all the railways, right of way, depot grounds, all tracks, bridges, culverts, viaducts, fences, and other structures, all depots, station houses, engine houses, and other buildings, whether new constructed and held, or hereafter constructed and acquired in connection with the said railroad, or the business there of, and incl nding all locomotives, cars, tenders and other rolling stock and equipment now owned, or which may hereafter be acquired by the party of the first part, and all machinery, tools and implements, or material for constructing, repairing ~r operating the said railroad, or equipment, or all other property, real or personal, and all rights, easements and franchises connected with or appertaining to or relating to the said railroad, or the construction, use, maintenance thereoi now held, or which may hereafter be acquired by the said party of the first part, with the tolls, incomes and profits thereof. Also all the lands which have been heretofore or which may .be granted or acquired by

MoNDAY,!DECEMBER 3, 1894.

337

the said party of the first part, under and by any act of

Congress of the United States, or of the General Assembly

of the State of Georgia, or otherwise, and all other property,

real or;o.lpersonal, of every kind and description whatsoever,

and wheresoever situated, which is now owned or pm;sessed

or which shall be hereaftE:'r acquired by said party of the

first part, together with all other tenements, hereditaments,

and other appurtenances thereunto belonging, and all of

the estates, rights, titles and interest legal and equitable, of

the '3aid party of the first part and its successors and assigns

therein. To have and to hold the said property, rights>

ways, easements, franchises and premises thereby conveyed,

or intended to be conveyed, unto the said. party of the sec-

ond part as joint tenants, and to the survivors of them and

their or his successors and assigns in trust, as hereinafter

declared for the benefit and security of the persons and

bodies corporate who have become, or shall at any time be-

come: the holder or holders of the said five hundred and

twenty bonds (two hundred and sixty thousand dollars'

worth), or any of them which have been issued as the first

installment under the mortgage, or such additional issue of

bonds, not exceeding aggregate five hundred and eighty

thousand dollars worth for the whole road, as shall be

issued and negotiated by the party of the first part, without

preference to the holder or holders of any one or more of

the said bonds over the holder or holders of any of the

others by reason of

iu the time of the issuing or

negotiation of the same or any other matter whatsoever ;

provided; the issue or issues of bonds shall never exceed six

thousand five hundred dollars per mile of constructed road

at any time. And it is covenanted, granted and agreed by

and between the parties hereto, as follows:

That is to say: FIRST.-Unless and until default shall be

made in the payment of the principal or interest of the said

bonds or some one of them. The said party of the first part

'221

338

JouRXAL OF THE SENATE.

shall be suffered to possess, manage, construct and opemle the said railroad, and all the property and rights by these presents conveyed, and to take, use and enjoy all the toll, incomes and profits thereof in the same manner as if these presents had not been executed.
SECOND.-In case default shall be made at any time in the payment of any interest on any of the said bonds which have been or shall be issued by the party of the first part, according to the tenor and effect of (the interest) coupons o~ warrants thereto annexed, and in case such detimlt shall continue for six months, it shall be lawful for the said trustees or the survivors of them or their or his successors. Thereupon either in person or by their or his attorneys or agent to enter upon and take possession of all and singular the railroad and other property, rights and franchises by the present conveyers or intended so to be conveyed, and to have and to hold and usc the same, operating the said railroad by their or his superintendent, managers, receivers, :agents and servants and conducting all the business thereof, and making from time to time such repairs and replacements and such useful alterations, additions or improvements thereto as may seem to them, or in his j 11dgment for preservation, or rendering the said property productive, and collect and recei,e all tolls, freights, rents, incomes and profits thereof. And the said trustees shall also collect all debts -dues and demands due and owing to said party of the first part. And at the time being uncollected, and after -deducting from the money thus received, the expenl'les of Qperating the said railroad, and conducting its business of all the repairs, replacements and additions thereto, and all taxes and charges which may then be accrued on the said property, superior to the rights of Raid trustees. They shall apply the balance of the money to the payment of the accrued interest on the bonds in the order in which said interest shall become due, and if insufficient to pay the whole

MoNDAY, DEC'EMBER 3, 189:1.

339

-of any instalm,ent of such interest, then to pay the same

ratably and after the payment of such interest. Then the

ratable payment without discrimination, or preference OJ

the principal of the said bonds, if the same shall have be-

-come due, and if such principal shall not have become due,

.and the said balance of the money shall be more than suf-

ficient to pay the interest accrued and payable upon said

bonds, then such excess shall be invested as a fund to meet

further payments of interest or to pay the principal of the

said bonds at maturity.



THIRD.-In case default shall be made and continue afore-

~aid for six months in the payment of the interest upon

.any of the said bonds, or in case of default shall be made

in the payment of any of the principals of the said bonds,

-or any of them, and such default shall continue for the

.space of six months, then it shall likewise be lawful for

the said trustees or the survivors of them, or their or his

:succe~;sors or successor. After as aforesaid, or without such

entry either personally or by his or their attorneys or

.agents to sell or dispose all and singular the railroad and

other property of these presents, conveyed or intended

to be conveyed, at public auction in the city of New

York, or in the city of Athens, Georgia, as they or he

may think best, and at such time as they or he may ap-

point, having first given notice of the time and place of

:Such sale by advertisement thereof for ninety days in a

newspaper published in the city of New York, and in one

. published in the city of Athens, in the State of Georgia.

And to adjourn such sales from time to time at discretion,

.and if so adjourned, to make such sale at time and place to

which it shall be so adjourned, and upon such sales to receive

the proceeds thereof, and make and deliver to the purchaser or

purchasers of the property so sold good and sufficieul; con-

veyances for the property in the fee simple in the name of

the party ofthe first part. And such sale and conveyances

:HO

Jot:RSAL OF THE SEKATE

made as aforesaid shall be perpetual bar both in law and equity against the party of the first part, and all persons claiming by, through or under it. After deducting all just expenses attending the sale, and attending or incurred by the operating, preserving, managing said railroad and property under the provisions of these presents. The said trustee or the survivor of them, or their or his successors or successor, shall apply the proceeds of such sales to the payment of the interest then accrued and remaining unpaid upon said bonds and to the payment of the principal of said bonds, whether such principal be then due or not, according to the tenor of the said bonds and its insufficiency to pay the whole of such principal and interest. The proceeds of the sale shall be applied after the payment of such interest to the payment of ratable, and without discrimination, of the principal of said bonds, and if after satisfaction thereof a surplus shall remain, then the said surplus shall be paid to party of the first part. And it is hereby declared that the receipt and acquittance of the said trustees, or the survivors of them, or of their or his successors or successor, shall be a complete discharge to the purchaser or the purchasers for his or their purchase money, and he or they shall not be accountable in any manner for its applieation for the purpose wherein provided for.
FouRTH.-The trustees shall have full power at their discretion, so long as no defaults shall exist in the payment of the interest or principal of said bonds, upon the written request of the President of the said Company, to release from the operation and liens of these presents, any land procured for depot grounds in connection with the said railroad which shall not be required for the use in operating the same. And any land not connected with the railroad which the party of the first part may deem advisable to sell ; provided, however, that no such releasb shall be made unless the value and proceeds of such land shall be set

MoNDAY, DECEMBER 3, 1894.

341

apart, invested or used so and in such manner that the hl}lders of the said bonds shall have the benefit of the security of the same or of the subject in which it shall be invested in place of such lands.
FIFTH.-It shall be. the duty of the said trustees, or the survivors of their or his successors or successor, to exercise the powers granted to and conferred upon them by the preceding second and third articles, or to take other appropriate proceedings for the enforcement of the rights of the bondholders upon the demand of the holders of as much as Two Hundred Thousand Dollars in amount of said bonds, and upon such requisition being made, the said trustees at the time being shall proceed at once to enforce such rights as hereinbefore provided or by judicial proceedings or otherwise as they under advice of counsel shall deem most conducive to the interest of all holders of said bonds. It being understood that all expenses, costs, disbursements, charges and counsel fees incurred by the said trustees in or about the premises and a reasonable compensation for their services, in that behalf, shall be deducted .and paid from and out of the first moneys which shall be realized by them either from the income proceeds or the sale of railroad and other propetty conveyed or intended to be conveyed by these presents.
SIXTH.-All ofthe grants and provisions in these presents specified and embraced all, rights and remedies under the same are, and are hereby declared to be subject and subordinate to the rights to the State of Georgia as the endorser of said bonds, under the provision of au act of the General Assembly of the State of Georgia, and a resolution of the same hereinbefore referred to prescribed.
SEVENTH.-If the party of the first part shall promptly pay the interest of said bonds as it becomes due, and the principal of said bonds at the maturity thereof, according to the tenor and effect of the said bonds, and of the cou-

342

JOURNAL OF THE SENATE.

pons attached thereto, then and thereupon these presentsshall become void; otherwise it shall remain in full forceand virtue. And the said party of the second part d~ hereby consent to take upon themselves the execution of thetrust conferred upon them by these presents, and the said party of the first part doth hereby further agree, covenant and grant with the parties of the second part, and the survivors of them, and his successors and successor, and with the respective parties who have or shall at any time becomethe holders of the said bonds or any of them, that the said party of the first part, its successors and assigns, shall and will at any time, and fr~m time to time hereafter upon request, make, do execute and deliver all such and further other acts, deeds and things as shall be reasonably desired and required to effectuate the intentions of these presentsand to confirm and assure to the parties of the second part and the survivors of them and their and his successors or successor, all and singular, real and personal, as shall hereafter be acquired, or as may be granted by these presents, so as to render the same available for the security and satisfaction of said bonds, according to interest and pnrposehereinbefore expressed. And it is mutually covenanted and agreed by and before the parties hereto, that in case of the death or incompetency of either of the parties of the scond part, or of his removal or resignation of the said office of trustee, the other of the said parties of the second part may, in conjunction with the party of the party of the first part, appoint a new trustee in place of him who shall so die or become incompetent, resign or be removed ; and so, from time to time, in the case of death or incompetency, removal or resignation of either of the trustees, at the time being his place shall be filled in like manner by the remaining trustee, in conjunction with the party of the first part, but in case of neglect to appoint such new trustee at any time when a vacancy shall occur, or in case the trustee so appointed shall

MoNDAY, DECEMBER 3, 1894.

343

not be satisfactory to the holders of a majority in amount

of the said bonds then outstanding. A meeting in the city

of Athens of the holders of said bonds may be called at the

time and place, of which at least two months public notice

shall he given by publication. And at such meetings a

majority of the bond holders attending the same in person

or by proxy, may appoint a new trustee to fill such va-

cancy, which appointment so made shall supersede such as

may have been made, as aforesaid, and is hereby declared

and agreed that any and all new trustee or trustees to be

appointed as hereinbefore provided, shall immediately upon

such appointment, and without a.'ny 'further act or deed be-

come vested with all the estate, trust, rights, powers and

duties of the trustee or trustees, to whose place he or they

shall be so, or shall have been so appointed, but neverthe-

less the respective parties hereto, and their successors and

assigns shall and will upon request, make, execute and de-

liver in writing, all such instruments in writing as shall be

appropriate to vest in and confirm to such new trustee, or

trustees, such estate, trust, rights, powers and duties accord-

ing to the interest above expressed.

In witness thereof the said party of

the first part as caused its corpo-

The official seal } rate seal to be hereto affixed, and

{ stamped here.

these presents to be signed by the

President; Asaph K. Childs, and its

Secretary and Treasurer, John Cal-

vin Johnson, in the presence of

Young H. Wynn, W. B. Jackson,

Augustus A. Bell, Notary Public,

Clark Connty Georgia, who sub-

scribed their names as witnesses and

the said party of the second part

have hereto set their hands, and

344

.JOURNAL OF THE SENATE.

Attest:-

1 seals on the day and year first above written. A. K. CHILDS, President (seal),

Y. H. WYNN, JoHN CALVIN JoHNSON, Sec. & Treas.

W. B. JACKSON,

(seal),

A. A. BELL,

R. K. REAYES (seal),

R. L. Moss (seal).

N. P., Clark County, Ga.

Recorded Oct. 28th, 1876, Book S, pages 360 to 366 Inc.

The words "then," 3 page, "to time," 6 page "aftm," 13

page- interline before signing.

THIS AGREEMENT made this, the fourteenth day of J nne,

in the year one thousand eight hundred and eighty-six, and

executed in duplicate, between the Northeastern Railroad

Company, a corporation created by and organized under the

laws of the State of Georgia, party of the first part, and the

Richmond and Danville Railroad Company, a corporation

created by and organized under the laws of the State of

Virginia, party of the second part, witnesseth that

WHEREAS, The said the Richmond and Danville Railroad

Company is duly authorized and empowered to "run, use,

and operate, or lend aid to other railroads or transporta-

tion lines chartered by the laws of any State other than

Virginia, upon such terms as may be agreed upon with the

company- or companies owning the same," and

WHEREAS, The said Richmond and Danville Railroad

Company, under and by virtue of the terms and conditions

pf a contract of lease dated the twentieth day of March,

A. D., 1881, is in possession of and wholly manages and

<Jontrols the railroad, works, property, and traffic of the

Atlanta and Charlotte Air-Line Railway Company; and

-;WHEREAS, By an agreement in writing dated the thir-

teenth day of April, A. D., 1881, between the city of

Athens, in the State of Georgia, and the Richmond and

West Point Terminal Railway and warehouse Company,

the said city of Athens sold and assigned, and thereupon

MoNDAY, DECEMBER 3, 1894.

345

did duly transfer and deliver to the said Terminal Company one thousand shares of the par value of one hundred dollars each of the capital stock of the Northeastern Railroad Company, the party of the first part hereto, in consideration whereof it was by said written agreement expressly covenanted and provided by and between the said parties thereto, among other matters and things, that the Richmond and Danville Railroad Company and the said Northeastern Railroad Company might contract, each with the other, "in lieu of a separate track from Lula towards Clarkesville, for use by said last named company (the said Northea.'ltern Railroad Company) of any part of that portion of the track of the Atlanta and Charlotte Air-Line Railway between Lula and such a point west of Mount Airy," as might be found mm:t eligible for commencing an extension of said Northeastern Railroad to Clarkesville, Tallulah Falls, and Clayton ; and
WHEREAS, The said city of Athens and the said Tallulah Falls are now respectively the southern and .northern termini of the said Northeastern Railroad, and only the portions of said road extending from said city of Athens to Lula, on the line of the said Atlanta and Charlotte AirLine Railway and from a point near Mount Airy, on said Air-Line Railway, to said Tallulah Falls have be~n completed, thus leaving a gap of about twelve miles intervening between the completed and operated portions of railroad belonging to the said Northeastern Railroad Company; and
\VHEREAS, The said Northeastern Railroad is so located and situated as to be dependent upon the lines of railroad owned or controlled by the said the Richmond and Dan- .. ville Railroad Company for a connection and through business to distant points as well as a continuous business over its own entire route as aforesaid, and can be most surely, economically and judiciously operated, and its business and traffic development by a unity of management,

346

JOURNAL OF THE SENATE.

under the direction of the said the Richmond and Danville Railroad Company; and
WHEREAS, In order to obtain the full ust>, bt>nefit and enjoyment of its said completed portions of railroad and exercise and enjoy its corporation rights and privileges, and perform its corporate duties and obligations, and thereby promote competition and prevent monopoly, it is necessary to the said Northeastern Railroad to provide and maintain the means by which the two said present disjoined portions of its said railroad may he connected so as to transact and carry on a uniform and continuous traffic over both of its portions of railroad and between its said northern and southern termini, which can only he secured in the most economical and advantageous manner by an arrangement and agreement for the permanent use of the roadway, works and facilities of the said Atlanta and Charlotte Air-Line~ and with and through the aid and assistanqe of the lease thereof, the said party of the second part hereto, and thus forming a continuous and connected line of railway for the passages of trains, passengers and general traffic, from said city of Athens to said Tallulah Falls; and
'VHEREAS, A contract between the said the Richmond and Danville Railroad Company and the said Northeastern Railroad Company for the use of said portion of the line of . the said Atlanta and Charlotte Air-Line Railway, whereby the ends, objects and purposes last above recited were secured to the said party of the first part hereto, has expired and wholly determined ; and
WHEREAS, The said Northeastern Railroad company is,. at the date of this agreement, justly indebted to the said the Richmond and Danville Railroad in the sum of seventy-five thousand dollars, for compensation for said use of said Air-Line Railway, under the terms and provisions of said agrt>ement, and for labor, repairs, material, and moneys mhanccd by it to and for the use of the said Northeastern

MONDAY, DECEMBER 3, 1894.

341

Railroad Company, to which said indebt.ness there are no offsets nor security ; and
WHEREAS, The equipment of the said Northeastern Railroad Company is insufficient and inadequate to the proper transaction of the present and prospective business of said company and now need~> to be renewed and increased, and hereafter to be maintaiuea, repaired, renewed and further increased as the necessities of the full transaction and development of the business and traffic of said company may require. and make expedient, and said company has noi now, or prospectively, the means necessary to such use and purpose ; and
WHEREAS, Under existing circumstances the indebtedness of said Northeastern Railroad is steadily accumulating and increasing, and will continue to accumulate and increase, to the great jeopardy of all the interests of its stockholders, unless some agreement be made whereby its earning capacity may be wholly developed and taken advantage of,and the means, facilities, connections, opportunities, and influence to such end permanently secured ; and
WHEREAS, It is necessary and imperative to the due protection and advancement of the interests of the stockholders and the maintenance and preEervation of its corporate rj.ghts and privileges that the said Northeastern Railroad Company should provide for the objects and purposes above recited, and for protection against the said admitted indebtedness to the said party of the second part, and for the preservation of whatever rights may have been secured to it by the said agteement with the city of Athens, dated the thirtieth day of April, A. D. 1881; and
WHEREAS, The said the Richmond and Danville Railroad deems it judicious and to the interests of both of the parties hereto to lend the necessary aid required to the ends above recited, upon the terms and conditions. of this agreement;

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Now, THEREFORE, THIS AGREEMENT FURTHER WIT-

NESSETH: .That for and in consideration of the premises,

and of the covenants and agreements hereinafter made and

contained, and of the sum of one dollar by E>ach of said

parties paid to the other, the receipt whereof is hereby ac-

knowledged, the said Northeastern Railroad Company, party

of the first part, and the said the Richmond and Danville

Railroad Company, party of the second part, hereby covenant,

promise and agree, each with the other, as follows, that is

to say:

.

FIRST.-That from and after the date of this agreement,

to-wit, the fourteenth day of June in the year one thous-

and eight hundted and eighty-six, and during the continu-

ance of this agreement, the said party of the first part, its

successors and assigns, shall and may have the right and

privilege to, and shall and will, rnn its passenger and freight

trains, and conduct its necessary and lawful business and

traffic between Lula and Cornelia, over the Atlanta and

Charlotte Air-Line Railway, su~ject to and in the manner

provided by the terms and conditions of this 'agreement.

SECOND.-That as a condition precedent to the enjoyment

of the aforesaid right and privilege, the said party of the

first part, its succE'ssors and assigns, shall and will forward,

or cause to be forwarded, over the said line of railway

all of its traffic of every kind, passing or intended to pass

to points accessible thereby.

THIRD.-That for and in consideration of the use of

said line of railway as aforesaid, and of the furnishing of

rolling stock, equipment, services, management and super-

vision as hereinafter provided and agreed, the said party of

the first part, its successors or assigns, shall and will pay

or cause to be paid to the said party of the second part

<luring the continuance of this agreement, in proportionate

m:mthly installments, the sum of Four Hundred and Fifty

MoNDAv, DECE~rBER 3, 1894.

349

Dollarfl per mile, in each and every year, and for each and every mile of said line of railways as aforesaid.
FouRTH.-That all trains of every kind and description and for every or any purpose wl1atsoever, run, used or operated over any and all portions of the railroad of the said party of the first part during the continuance of this agreement, shall be wholly and exclusively managed, operated, moved and directed by the said party of the second part, its officers, agents and servants, or such officers, agents or servants of the said party of the first part as the said party of the second part may require, accept or permit so to do, in whole or in part, and under such orders, rules, regulations and schedules as the ~aid party of the second part may or shall from time to time adopt and prescribe for such purposes.
FrFTH.-That during the continuance of this agreement all passenger, freight, express, mail or other fares, rates, tolls, charges, receipts, revenues and income for tmnsportation over the whole or any part of the railroad of the said party of the first part, shall be prescribed, fixed, varied, regulated, or agreed upon, and demanded, collected, received and accounted for as hereinafter provided, by the said party of -the second part.
SIXTH.-That at all times during the continuance of this agreement, the said party of the second part shall have the right to enter into and upon and take possession and charge of and use, occupy and exclusively hold, manage, operate, control and possess as fully and completely as the said party of the first part can or may do, the whole or any part of the railroad, real or personal property, tracks and appurtenances thereto, rolling stock, equipment, depots, stations, shops, structures, fixtures, supplies, tools, implements and rights of passage or transportation now owned, or which may be hereafter acquired by the said party of the first part, for the construction, maintenance, use, enjoyment or

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JOURNAL OF THE SENATE

operation of its said entire railroad; but all additional or further rolling stock, equipment, ot other property or facilities necessary to reasonablv, efficiently and properly con-duct, transact and accommodate the business and traffic of the said party of the first part, shall be furnished and provided by the said party of the second part, and all of the .aforesaid property of the said party of the first part shall and will be properly repaired, renewed and maintained, so that the same shall at all times during the continuance of this agreement be and be kept in as good order and con-dition as it is in at the date hereof, acts of God and public .enemies excepted. It being hereby expressly understood .and agreed, nevertheless, that the said party of the second part shall at all times have the right to sell or dispose of all or any of said rolling stock or other property of the said party of the fitst part, which may become unfit for use or not be neefled, but the eq uhalent of all such property so sold or disposed of shall be replaced and returned at the .expiration of this agreement.
SEVENTH.-That the said party of the second part shall and will fulfili and perform, and shall have the benefit and advantage of all contracts heretofore made by the said party -of the first part, and shall and will, in so far as it may undertake to manage and operate the said railroad and properties under the terms of this agreement, discharge and perform all contracts or charter obligations heretofore eniered into by or imposed upon the said party of the first part, or assumed by or imposed upon it in discharge of its -duties as a common carrier of freight or passen~ers, and which it may be lawfully bound or required to perform, and shall and will defend all suits or actions at law or in .equity now pending or which may be brought against the ~;aid party of the first part, for any violation or neglect of said duties, or for any neglect, fault, or omission of the .said party of the first part, its agents, or servants, while

MoNDAY, DECEMBER 3, 1894.

351

using, managing, controlling, [or operating the property, business, trains, or cars of the.said party of the first part, and pay and discharge all just and valid claims or judgments that may be made or obtained against the said party of the first, by reason of any such neglect, violation, or omission.
And to the end that the full intent and meaning of this agreement may be carried into effect, and the mutual benefits and advantages thereof secured to the Raid parties hereto, it is expressly understood and agreed that the said party of the second part shall have, exercise and enjoy full power and authority to do or cause to be done all and every act or thing that may be necessary or judicious to property, fully and adequately control, manage and operate the s&id railroad and property of the said party of the first part, and to conduct, prosecute, maintain, preserve, extend, facilitate, benefit and advance the interests and business thereof; and shall have, use, exercise and enjoy all the rights, powers. and authority hereinbefore given and agreed to, and all rights, powers, privileges and authority in the premises which can or may be lawfully exercised and enjoyed in, on or about the said railroads and property as fully, exclusively and amply as the said party of the first part might or could exercise, use, occupy or enjoy the same if itself acting in the premises; and the said party of the second pa.rt is hereby fully authorized and empowered in its own name, or as the agent of, or in the name of the said party of the first part, to do, perform, make, execute, take, institute, adjust, settle, compromise, agree to and conclude all needful and lawful acts, arrangements, measures, agreements, things, or suits, .actions and proceedings at law or in equity whatsoever for the purpose aforesaid.
EIGHTH.-That to the end that the management of the said railroad, property and business may be united under

352

JouRNAL OF THE SENATE.

the management and direction of the said party of the second part as hereinbefore provided, and the intent of this agreement, and benefits inuring to the said party of the first part wherefrom wholly secured by harmony and entire unity of such management, the said party of the first part shall and will at all times during the continuance of this agreement, appoint, employ :md retain .as Superintendent, Traffic Manager, General Passenger and Freight Agent, such persons only as may be nominated and designated by the said party of the second part for such positions, re~>pectively, and all of whom shall be under the general orders and directions of the General Manager of the said party of the second part in all matters regarding the running, management, control and operation of the trains, business and affairs of the said party of the first part as provided for in this agreement, and that the said party of the first part, its successors or assigns shall and will, from time to time, make and execute such other and further assurances and instruments for the fulfillment of the intent terms and provisions of this agreement, and for the uninterrupted continuance and execution thereof, as the said parties, or either of them, may be advised by counsel to be necessary and proper; and that each of the said parties hereto shall and will, from time to time, as shall be required du~ing the continuance of this agreement, in cooperation or separately, take such action as may be necessary, proper and practicable for the maintenance of this agreement, and for the quiet use and enjoyment by the said party of the second part of the management, control, rights and privileges herein covenanted and agreed to it.
.NINTH.-That in case any difference shall arise as to the proper meaning and construction of any of the convenants and provisions of this agreement, or as to the manner in which the same may have been, or should be executed and carried out by the said parties respectively, the question

MoNDAY,!DEcEMBER 3, 1894.
or matter of difference so arising shall be referted to the decision of twq intelligent and wholly disinterested pe1sons, who shall be selected from time to time as occasion may require, one by each of the said parties hereto, and the award of the two persons so selected, in case they agree, or of an umpire selected by them, in case of their inability to agree, shall be final and binding upon the parties hereto; and in case either of the parties hereto shall fail or neglect to select and appoint an arbitrator to settle any disputed question as aforesaid, within thirty days after recei,ing a written request from the othe1 party so to do, then the party making such request shall have the right to seleet and appoint both of said arbitrators.
TENTH.-That during the continuance of this agreement and not longer, the present indebtedness of the said pa1ty of the first part to the said party of the second part hereinbefi>re recited, and annunting at the date of this agieement to the sum of Seventy-fi,e Thousand Dolbtrs, shall be suspended, subject to the prO\isions of this contract hereinafter made and contained in regard thereto; the said party of the first part, for itself, its successors and a;;signs, hereby expressly waiving any and all benefit, lnivilf'ge o1 advantage of any and every statute of limitation of the State of Georgia, or any other State, Territory, Gowrnment or authority whatsoever, an(l hereby expressly admitting the validity and justness of said claim and affirming the right of action thereon of the said party of the ::;econd part at expiration of this agreement, without application thereto of any said statute of limitation or other bar; provided, nevertheless, that the said party of the second part shall and may have the right to appropriate and apply or have appropriated and applied to or towards the payment of said suspended indebtedness any monies, claims, demands, incomes or revenues of the said party of

:354

JouRNAL OF THE SENATE.

:he first part remaining after the appropriation and appHcations thereof hereinafter provided for.
ELEVENTH.-That the said party of the second part shaH, and will, on or before the first day of May and of November, in each and every year, provide or cause to be provided and applied thereto, such sums of money as may be necessary at the time aforesaid, to wholly pay and discharge the interests accruing on the outstanding bonds issued under a first mortgage deed of trust, executed by the said party of the first part to R. L. Moss and R. K. Reaves, as trustees, bearing date the first day of May, A. D. 1876, and payable the first day of May, A. D. J 896, with interest at the rate of seven per centum per annum, payable semi-annually on the first days of May and November, as aforesaid. Jlt being expressly understood and agreed, however, that the coupons for all interest so paid shall be delivered uncancelled to the said party of the second part, and be helrl by it, with all the rights and equities inuring under the provisions of the said mortgage deed of trust to the holder of said coupons in default of payment thereof by the said party of the first part, as therein provided, the said party of the second part hereby agreeing, nevertheless, not to assert said rights or enforce said equities, unless under proceedings instituted by other parties under the provisions of said mortgage deed of trust, and that the State of Georgia shall not be liable as guarantor of any of Raid coupons so held uncaocelled by the said party of the seP.ond part.
TwEFLTH.-That the said party of the second part shall and will keep separate and distinct accounts of all moneys collected, received, and distributed by it to and fur the ~ccount of the said party of the first part under the terms and provisions of this agreement, which said accountR shall, at all times during business hours, be open to the inspection of the President, Treasurer, or other agent or officer

MoNDAY, DECEMBER ~, 1894.

355

thereto duly authorized, of the said party of the first part, .and shall and will furnish to the said party of the first part annual statements of said receipts and disbursements.
THIRTEENTH.-That the said party of the second part .shall and will appropriate and apply the whole of the receipts, incomes, and revenues received and collected by it, to and for the account of said party of the first part, as .aforesaid, to the purposes and in the mannet following, that is to say:
1. To the current costs and expenses of maintaining, furnishing, repairing, and replacing the said railroad, tracks, .superstructures, rolling-stock, equipment, and real find personal property of the said party of the first part, and of using, managing, controlling, and operating the same or otherwise, including all rental trackage and other outlay incurred under the pmvisious of this agreement, and to the payment of all sums, amounts, charges, claims and demands which now are or hereafter, may become justly demandable from or payable by the said party of the first part by rea.son of any claim, liability, agreement, judgment, settlement, transaction, or matter growing out of the use, control, man.agement, and operation of the said railroad property of the .said party of the first part since the first day of July, A. D. 1885, including, nevertheless, any damages which may be .awarded against the said party of the first part in any action -Or proceeding at law or in equity now pending,_but no.t including interest or principal of any bonded debt, or the indebt-edness to the said party of the second part mentioned in .article tenth of this agreement; and to the payment of premiums for insurance, and all taxes, charges, rates, levies, and
.assessments, ordinary and extraordinary, which now are, o1
may at any time during the continuance of this agreement, be by the State of Georgia, or the U oited States of America, or other competent and lawful authority, charged, rated, Jevied, assessed, or imposed on the said railroad, premises,

356

JouRNAL OF Tim SENATE.

or property of the said Jlatty of the first part, or on the traffic theteon.
2. To the repayment to the said party of the second part, of any interest advanced and paid by it, or of any portion thereof, as represented by the conpons held thereof~ under the provisions of article eleventh of this agreement, and all of said eonpons so paid shall be, at each settlement of accounts as herein provided, surrendered and delivered to the said party of the first part for mncellation.
3. To the payment of the interest as the same may have accrued and be unpaid, and may, from time to time become due and., payable on the outstanding bonds of the said party of the first part, issued under its certain general mortgage deed of truAt to the General Trust Company of Kew York, as trustee, bearing date the first day of Nowmbet, A. D. 1881, and payable on the first day of November, A. D. 1926, with intetest at the rate of six per centum per annum, payable semi-annually on the first days of May and Nowmber, in each and every year.
4. To the payment to the said party of the second part of the interest at the rate of six per centum per annum, accrued on its Eaid su>'pended debt mentioned in article tenth ofthis agreement.
5. To the payment of the principal of said suspended indebtedness to the :,-aid party of the second part, mentioned in article tenth of this agreement, in the proportion of not more than five thousand dollars of said indebtedness in any one year.
6. And any and all surplus of said received and collected receipts, incomes and ren~nue;.;, remaining after the appropriations and applications afiJresaid, shall be paid over )~early to the said party of the first part, its successors or assigns.
FouRTEENTH.-That when the principal of either of the said mortgnge deeds of trut:t of the said party of the

MoNDAY, DECEMBER :~, 1894.

357

first part shall be due and become payable, the said party of the first part, its successors or assigns, shall, arid will, in good faith earnestly cooperate with the said party of the second part in providing for the extension or renewal of said bonds, or replacement and refunding thereof by new bonds under new mortgage deeds of trust, or so many and such amounts thereof as at the time of said maturity of either class of said bonds the said party of the second part may deem best and most judicious to so extend, renew, replace or refund, and that to such end the said party of the first part, its snccesEor or successors, will, when thereto requested by the said party of the second part, take such corporate action and duly execute, or cause to be duly executed, such bonds and mortgage deeds of trust, upon the whole or any part of its properties, rights, privilege8, and franchises, as may be found to be necesa1y and requisite to provide for the payment, extension, renewal, replacement or refunding of the Faid present first and general mortgage bonds; and in case of such new is>me of bonds for the purpose afinesaid, the second and third suhdivi8ions of article thirteenth of this agreement, and the appropriation of the said receipts, income, and revenues as therein provided for, shall apply to the payment of the interest upon said new bonds in like manner as is ther~in provided in regard to the p:~yment of the interest upon the said present bonds therein mentioned.
FIFTEEN'l'H.-That in caRe the net or surplus receipts or revenues received from earnings of the said line,; of railway and property, as aforesaid, by the said party of the second part, its suceessors, or assigns, shall not be sufficient to wholly meet and discharge the apptopriations and application thereof provided for in Article Thirteen of thi.s Agreement, the said party of the second part may, at its option and election, advance the funds requisite to make up any deficency in !'aid receipts, or to wholly meet and

358

JouRNAL oF THE SENATE.

discharge said appropl"iations and applications, and all and every such advances of funds, with interest thereon, shall constitute a preferred indebtedness payable by the said party of the second part to itself from and out of any residues of said receipts, income and revenues which otherwise, 'under the provisions of item Sixth of said :\..rticle Thirteenth, would be payable over to the said party of the first part, its successors, or assigns; and the said party of the second part shall have and hold as security for the repayment thereof, or of the certificates hereinafter provided for, a valid and substituting lien from the date of the rendition of statements of account of said advances, or date of said certificate, in the nature of a preferred lien upon all the property, premises, rights, and franchises of the said party of the fi1st part, subject only to the mortgage liens hereinbefore specified or provided for, and said lien shall be and remain in full force and effect with said priority until said advance~ advances, certificates and interest shall be wholly repaid and discharged.
SIXTEE.STH.-And it is hereby expressly covenanted and agreed by and hetween the ~;aid parties hereto, that the said party of the first part, its successors or assigns, shall not exercise or have any right, power, or authority to build, construct, contract for or acquire by lease, purchase or otherwise, any branches, additions, or extensions of or to its said lines of railroad hereinbefore mentioned and now existing, without the written consent of the said party of the second part; and that whenever the said party of the second part shall present and deliver to the said party of the first part, its successor or assigns, duly vouched or otherwise satisfactory statements of account for any sums by it advanced and disbursed under the provisions of article Fifteenth of this Agreement, the said party of the first part, its successors or assigns, shall and will issue and deliver to the said party of the second part, in evidence of the settlement of

MoNDAv, DECEAIBER 3, 1894.

359

said accounts, and the sums due thereon, the certificates ol indebtedness of the said party of the second part, its successors or assigns, divided as the amounts represented in and by said certificates as the said party of the second part may demand and require, and in form substantially as follows,
VIZ.:

STATE OF GEOR:GIA.

NORTHEASTERN RAILROAD COMPANY.

$- -- - -- ----

No.--

Six per cent.

It is hereby certified and acknowledge that the Northeastern Railroad Company is indebted to and promises to

pay on demand to The Richmond and Danville Railroad Company or order, the sum of __ --- _. ________ dollars,

with interest thereon, from the date hereof, at the r;;tte of six per cent per annum.
IN WITNESS WHEREOF, this certificate is sealed with the corparate se~l, signed by the President and countersigned hy the Treasurer of the said Northeastern Railroad Company the---- __ day

of-------- A.D.

Corporate} { Seal.

----------------------.President. -- ----- __ -------- ______ Treasurer.

SEVENTEENTH.-That in case the said party of the second part during the continuance of this agreement shall make, or cause to. be made any permanent additions or improvements to the lands or structures, rolling stock, equipment or other property belonging ot appertaining to said railways, whereby the value of the said demised property and premises shall be enhanced, and which shall not have been paid for under the provisions of this agteElment from and out of the said receipts and revenues, any such increased value not so settled for and repaid shall be allowed and

360

,JOURNAL OF THE SENATE.

paid to the "laid party of the second part, by the patt.y ot the fhst part, its successors or assigns at the expiration ol this agreement.
EIGHTEEXTH.-That this agteement shall be and continue in force until the fourteenth day of ,June, A. D. one thousand nine hundred and eleven, and from year to year thereafter, unless either party shall give to the other party a written notice at least ninety days }ll'ior to the said fourteenth day of June, A.D. 1911, or of any year thereafter, in which case thi,; agreement shall terminate, ceas.e, be annulled and become void at and from the time fixed in said notice.
IN WITNESS WHEREOF, the said NoRTHE.\STERN RAILROAD UmrPANY and the said THE RICHl\IOND AND DANYILLE RAILROAD COl\lPANY, by due action and authority of their respective Board.; of Directors, have caused these presents to be si~ned by their respective Presidents, and sealed with theit respective corporate seals, attested hy their re~<pective Secretaries on the day and year first above written .
.KORTHEASTERN RAILROAD, By PoPE BARROW, Presidt:nt.
Attest G. H. TAUCEY, Secretary pro ifm..
THE RICHMOND AND DANVILLE RAILROAD COMPANY, By A. S. BuFORD, President.
Attest W. G. OAKMAN, Assistant Secretary.

MONDAY, DECEllfBER 3, 1894.

361

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

By Mr. Beeks-
A bill to regulate the practice in creditors' bills, to provide for the distribution of the funds realized thereunder, and for other purposes.
Referred to General Judiciary Committee.

By Mr. LewisA bill to provide for the sale of the Northeastern Rail-
road. Referred to Finance Committee.

By Mr. Harris of the Third District-
A bill to amend section 35.54 of the Code, and for other
purposes.
Referred to General Judiciary Committee.

By Mr. WhitleyA bill to preserve the public morals from injury caused
by too great publicity in trials in the courts of this State, etc. Referred to General ,Jndiciary Committee.

On motion of Mr. Osborne, it was ordered that when the Senate adjourns it will adjourn until ;3 o'doC'k p. m.

On motion of Mr. Mercer, the special order for this day
was displaced and made the special order for 'Vednesday
next, viz., the Temperance bill.

On motion of Mr. Long, leave of absence for to-morrow was granted the Special Committee to visit the State University.

362

JouRNAL oF THE SENATE.

Mr. Harris, of the Third District, offered the following resolution:
Resolved by the Senate, the House of Representatives concnrring therein, That the Manual of the present General Assembly be amended by striking out the name of Bion Williams, wherever the same occurs, and adding in lieu thereof the name of Dr. T. R. Whitley.
The resolution was agreed to.

The Senate adjourned, on motion, until 3 o'clock p. m.

3 O'cLocK P.M. The Senate met pursuant to adjournment, the President presiding.
The call of the roll was, on motion, dispened with.
Mr. Brand introduced a resolution authorizing the Treasurer of the State to pay T. R. Whitley his per diem as Senator from the Thirty-sixth District.
This resolution was read and laid over one day.
Mr. Roberts introduced a resolution to relieve Samuel Walker, principal, Daniel B. Sanford, and Adolph Joseph,. securities, from all liability on a bond payable to the Governor of the State, bearing date June 27, 1888.
Thi~ resolution was read the first time and referred tothe Finance Committee.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

TuESDAY, DEcEMBER 4, 1894.

363

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, December 4, 1894, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Chaplain.

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

Beeks, Bussey, Boyd, Brown, Cumming, Craigo,
Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Keen, Lewis,

Little, Lumpkin, Mcl.\fillan, Mercer, McGregor, 1\lonro,
MeGarity, McClure, -Norman, Osborne, Ryals, Roberts,

Story, Sanford, Snead, Sharpe, Starr, Tatum,
Upchurch, 'Vilson, 'Vade, Williams of 25th, Williams of 36th, Mr. President.

Those absent were Messrs.-

Broughton, Bush, Brsnd,

Johnson, Long, Morton,

Rheppard, Wilcox.

Mr. Bussey, from the Committee on Journals, reported the Journal correct. It was read and approved by the Senate.

Mr. Mercer, chairman of Engrossing Committee, submitted the following report:

Afr P1esident :
Your committee have examined the following bill, which they find..oorrect and ready to be transmitted to the Honse:

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JorRNAL oF THE SENATE.

A bill to be entitled an act to repeal the law defining and regulating court contracts, and for other purposes.
Respectfully submitted. .T. E. MERCER, Chairman.

Mr. Sharpe, chairman pro tem. of the Committee on Banks, made the following report:

.J'I1. President:
The Committee on Banks ha\e had under consideration Senate Bill No. 79, the same being a bill to be entitled an act to amend an act to incorporate the South Georgia Bank of Waycross, approved August 16, 1889, by providing for an increase of the Board of Directors, a reduction of the capital stock, the creation of a savings department, and to confer other powers and privileges on said corporation, and they direct me as chairman to report the same back to the Senate, with the recommendation that the same do pass as amended.
Respectfully submitted. ED\nx R. SHARPE, Chairman pro tern.

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

Jltfr. Ptesident:
Your Committee on Finance have had under consideration the following bills, to wit :
A hill to provide for the sale of the Xortheastern Railroad, and for other purposes.
Also, a bill to he entitled an act to make appropriations for the ordinary expenses of the Executive, Judicial, and Legislation Departments of the Government, etc., and they <lirect me to report same back to the Senate, with the

TuE'lDAY, DECEMBER -!, 189-!.

365

recommendation that they be read the second.time, and be

recommitted to the Finance Committee.

R~spectfully submitted.

E. B. LE\VIS, Chairman.

~Ir. Mercer, chairman of the Committee on Public Roads, submitted the following report :

Mr. President: The Committee on Public Roads have had under consid-
eration the following bill by Mr. Brown of the Thirtyninth District:

A bill to be entitled an act to provide for third-class roads, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.

Respectfully submitted.

,J. E. MERCER, Chairman.

Mr. Harris, chairman of the C0rnmittee on Special J ndiciary, submitted the following report :
.l:fr. Pre.~ident: The Special ,Judiciary Committee have bad under con-
sideration the filllowing bills, and they direct me to report them back to the Senate, with the recommendation that they do pass, to wit :
A bill, by Mr. Parker of Talbot, to be entitled an act to amend an act, approved :February 17, 1877, entitled an act to amend an act to establish a Board oi Commissioners forth~ county of Talbot, approved February 16, 1lH6, so as to change the time of election.
Also, a bill, by Mr. Anderson of .Jones, to be entitled an act to provide a Board of Commissioners for Jones county, etc.

366

JouRNAL OF THE SENATE.

Also, a bill, by Mr. Hutcherson of Cherokee, to be entited au act to transfer the county of Dawson from the Blue Ridge .Judicial Circuit to the Northeastern Judicial Circuit, and for other purposes.
Also, a bill, by Mr. Roberts of the Twentieth District, to be entitled an act to provide for and regulate the way and manner in which returns of property for taxation shall be made to the lawful authorities of the city of Milledgeville, and for other purposes.
Also, a bill, by Mr. Roberts of the Twentieth District, to be entitled an act to repeal an act to amend the charter 9f the city of Milledgeville, approved February 15, 1876, and for other purposes.
Respectfully submitted. S. R. HARRis, Chairman.

The Senate took up the report of the Finance Committee Qn the resolution of the Senate to relieve the London Guarantee and Accident Company, of London, England.
The report was agreed to.
The resolution was read the third time and agreed to ; ayes 28, nays 1.

The bill of the Senate to define the rights of landlords, -etc., which was taken up for a third reading, was, on motion, recommitted to the Committee on Agriculture.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to allow the jury in a criminal or civil action to inspect the real or personal property, the subject of litigation, or the place in which any material fact occurred, or where the offense was committed, and for other purposes.
The report was agreed to.

TuESDAY, DEcEMBER 4, 1894.

367

The bill was read the third time and passed; ayes 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 2057(f) of the Code of Georgia of 1882, which prescribed that all titles to property made as a part of an usurious contract, or to evade the laws against usury, are void, by adding to same the words, " only as to the excess above legal rates, and for other purposes."

A majority report in favor of the passage of the bil1, and a minority report against its passage were presented to the .Senate.

The proposition to adopt the minority report was first submitted to the Senate.

On this question, Mr. McGrE>gor called for the ayes and nays, which were ordered by the Senate.

Those voting in the affirmative were Messrs.-

Beelts, Bussey, Boyd, Brown, Craigo, Harris of Third, Harris of Twelfth, Keen, Littlt>,

Lumpkin, McMillan, Mercer, McGregor, McGarity, McClure, Ryals, Robt>rts,

Story, Sanford, Snead, Sbarpl', Tatum, Wade, Williams of 25th, Williams of 36th.

Those voting in the negative were Messrs.-

Cumming, Lewis,

Monro No1man,

Starr, Wilson.

Those not voting were Messrs.-

Broughton, Bush, Brand, Harris of 22d, Harrison,

Johnson, Long, Morton, Osborne,

Sheppard, Upchurch, Wil<-ox, Mr. President.

There are ayes 25; there are nays 6.

.JouRNAL OF THE SENATE.

So the minority report was agreed to, and the. bill, therefore, lost.
Mr. Brand, chairman of the Committee on Corporations, submitted the following report:

1lfr. President:

The Committee on Corporations have had under consideration Senate Bill No. 96, by Mr. Harris of Twenty-second District, entitled an act to amend the charter of the city ot :Macon. so as to confer additional powers on the Mayor; to change the term and compensation of certain offices, and for other purposes.

The committee reports the same back to the Senate, with request that the same be read the second time and be recommitted.

Respectfully submitted.

C. H. BRAND, Chairman.

The bill mentioned in the foregoing report was, on motion of Mr. Harris of the Twenty-second District, read the second time and recommitted, in conformity with the report of the Committee on Corporations.

The following message was received from the House ot
Representatives through M1. Mark A. Hardin, the Clerk
thereof:
Mr. P1esident: The House has adopted, by the requisite constitutional
majority, the following joint re8olution:
A resolution to appoint a joint committee to consider the report of the special attorney of the Western and Atlantic Railroad.
The committee on the part of the House:are, Messrs. Pittman, Gray of Houston, and Wheatly.

TUESDAY, DECEMBER 4, 1894.

3'6~

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize insurance brokers to place insura~ce on property of citizens of this. State in Fire Insurance Companies not licensed or authorized to do business in this State, to prescribe penalties for violations of same, and for other purposes.

The committee reported in favQr of its passage by substitute.
The report of the committee was amended, on motion of Mr. Monro, as follows:
1. Be it fur.ther enacted by the authority aforeaaid, That,. should any company, having is8ued an insurance policy or policies under this act, fail to pay on any final judgment obtained in this State, upon. any loss or damage sustained. by the insured, wit\lin thirty days after the rendition thereof, it shall be the duty c;.f the Insurance Commissioner to recall and cancel the licenses uf all brokers to negotiate and place insurance with such company on property in this State.
Amend second section, on second page, first line, as follows : By adding after the word "brokers" and before the word "and," the following: "and who shaH take and sub. scribe the foHowing oath : I do swear that I will fully and uprightly demean myself as an insurance broker, a!ld will explain fully the character, residence, and solvency of any company with which I shall negotiate insurance on property in this State, and will not deceive or attempt to deceive any who come to me for such insurance in any way whatever. So help me God."
Mr. Lumpkin moved to disagree to the report of the committee.
2411

:370

JOURXAL OF THE SENATE.

The previous question was called for and sustained, and the main question was ordered.
1. The motion to disagree to the report of the committee, which .was lost.
2. The question of agreeing to the report of the committee as amended. The same was agreed to.
The bill was read the third time and passed as amended; ayes 31, nays 0.
On motion of Mr. Lewis, and by request of the Committee on Finance, Mr. Beeks was added to said committee.
By resolution of Mr. Osborne, Colon~l Peter Reilly, Major G. M. Ryals, and Mr. W. W. Starr, ofSavannah, were invited to seats in the Senate during their stay in the city.
On motion of :Mr: Harris of the Twenty-second Dis. :trict, the bill on the subject of Insurance, which passed this
day, was ordered to be immediately transmitted to the House.
Mr. Harris, chairman of the Committee on General Judiciary, submitted the following report:

]fr. P1e8ident:
The General Judiciary Committee have had under consideration a bill by Mr. Bailey of Spalding, to be entitled an ac~ to amend section 1319 of the Code of 1882, so as to change the time of electing county officers from the first Wednesday in January to the first Wednesday in October preceding, and for other purposes, and they direct me to report the same back to the Senate, with the reeommeaaati~o that it do pass.
They have also had under consideration the following bills, and they direct me to report them back, with the recommendation that they do pass as amended, to wit :

TUESDAY, DECEMBER 4, 1894.

371

A bill, by Mr. Beeks of the Tw>nty-sixth District, to be entitled an act to amend section 2039(b) of the Code of 188:2, and for other purposes.

Also, a bill, by Mr. Munro of the Twenty-fourth Distri<,"t, to be entitled an act making it unlawful for municipal corporations to levy a tax or license upon any non-resident manufacturer, merchant, trader, or their traveling salesmen, for selling goods, wares, and merchandise by samph!. within their corporate limits, and for other purposes.

They have also had under consideration a bill, by Mr. Roberts 'of the Twentieth District, to be ~ntitled an act to

authorize females to hold certain civil offices and perform

certain civil functions in this State, and for other purposes,

and they direct me to report the same back to the Senate,

with the recommendation that it do not pass.

.

Respectfully submitted.

N. E. HARRIS, Chairman.

1\lr. Osborne introduced the following bills, which were read the first time and referred to the General Judiciary Committee, to wit :

A bill to amend section 2785(a) of the Code of 1882, and for other purposes.

Also, a bill to amend section 2785 of the Code, and for other purposes.

Also, a bill to amend section 2783(h) of the Code, and for other purposes.

Also, a bill to amend an act approved September 22, 1~91, to amend an act to repeal section 4618 of the Code, etc., and for other purposes.

372

JOURNAL OF THE SENATE.

Mr. Whitley introduced a bill to amend section 4652 of_ the Code, etc., and for other purposes, whi~h was read the first time and referred to the General Judiciary Committee.
Mr. Boyd introduced a resolution providing for a Joint Committee to examine and report to the next session of the General Assembly the work of the Commissioners to revise and codify the laws of this State, which was agreed to.
The President appointed as the committee on the part of the Senate, Messrs. Boyd, Starr, and Sheppard.
The Senate took up the report of the Special Judiciary Committee on the following bill of the Senate :
A bill to pro~ide for and regulate the way and manner in which returns of property for taxation shall be made to the lawful authorities of the city of Milledgeville, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 29, nays 0.
The Senate took up the report of the Special .Judiciary Committee on the following hill of the Senate:
A bill to repeal an act to amend the charter of the city of Milledgeville, approved February 15, 1876, and for. other purposes.
The report was agreed to.
The bill was read the third time and passed ; ayes 38, nays 0.
On motion of Mr. Mercer, the special order for to-morrow was displaced.
On his motion the bill was taken up, and then on his further motion was indefinitely postponed, to wit :. the Temperance bill.

TU.ESDAY, DECEMBER 4, 1894.

373

The Senate, on motion, took up, r('ad, and concurred in the joint resolution from the House to appoint a Joint Committee to consider the report of the special attorney of the Western and Atlantic Railroad.
The President appointed as the committee on the part of the Senate Messrs. Monro and Starr.
The Senate took np and agreed to a resolution authorizing the Treasurer of the State to pay Ron. T. R. Whitley his per diem as Senator from the Thirty-eixth District.
On motion of Mr. Wilson, the Senate took up the report of the Committee on Banks, on the bill of the Senate to amend the charter of the South Georgia Bank of Wayc,ross, and for other purposes.
.
The committee reported in favor of the passage of the bill, with an amendment.
Mr. Wilson offered to amend the report by striking out from the same the word "twenty-five" and inserting the word "ten.'~ Pending action on this proposed amendment, the entire subject matter was, on motion of Mr. Wilson, laid on the table.
The bill of the Honse to make appropriations for th(' support of government, etc., for the fiscal years 1895 and 1896, was read the second time and recommitted.
The bill of the Senate to provide for the sale of the Northeastern Railroad was read the second time and recommitted.
The bill of the House to provide a Board of County OommiF;Sioners for Jones county, and tor other purposes, w~s read the second time and passed to a third reading.
The Senate adjourned, on motion, until 10 o'clock a. m. to-morrow.

374

JouRNAL OF THE SENAT:t.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday~ December' 5, 1894, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President presiding.
Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, l\fcClure, Norman, Osborne,

Those absent were Messrs.-

Ryals, Roberts, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Mr. President.

Bush, Sheppard,

Story,

Williams.

Mr. Bussey, from the Committee on Joul'Dals, reported the Journal correct. It was theu read and confirmed by the Senate.

Mr. Whitley, chairman of the Committee on Engrossing, subm!tted the following report:

Mr. President:
Your Committee on Engrossing ha,e examined the following bills, and I am instructed to report them to the Senate as properly engrossed and ready to be transmitted to the House of Representatives, to wit :



WRD..NESDAY, DECEMBER 5, 1894.

375

A bill to authorize insurance brokers to place insurance on property in this State in fire insurance companies, and for other purposes.

Also, a bill to provide for and regulate the way and manner in which return of property for taxation shall be made to the lawful authorities of the city of Milledgeville, etc.
Also, a bill to repeal an act to amend the charter of the city of Milledgeville, and for other purposes.

Also, a resolution to relieve the London Guarantee and Accident Company of London, England.

Also, a bill to allow the jury in a criminal or civil action to inspect the real or personal property the subject of litigation, and for other purposes.
Respectfully submitted. T. R. WHITLEY, Chairman.

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

Mr. President :
The House has passed, by the requiste constitutional majority, the following House bill, to wit:
A bill to be entitled an act to systematize the finances and increase the efficiency of the common schools, providing for direct payments into the Treasury of moneys belonging to the school fund, for quarterly payments to teachers, for making the school year coincident with the calendar year, for making the school fund a fixed and certain sum, and for other purposes.

376

JoURNAL OF THE SENATE.

Mr: Harris, chairman of the Committee on Special Judiciary, submitted the foll()wing report:

Mr. Pte8ident :
The Special Judiciary Committee have had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass, to wit :
A hill, by Mr. Cook of Decatur, to be entitled an act to abolish the County Court of Decatur, and for other purposes.
Also, a bill, by Mr. Broyles ofFulton, to be entitled an act to exclude from the jurisdiction of the City Court of Atlanta certain cases where the amount involved does not ~xceed one hundred dollars, and for other purposes.
Also, a bill, by Mr. Doolan of Chatham, to be entitled an act to provide for the safe -keeping of the registration books -Of Chatham county, and for other purposes.

Also, a bill, by Mr. Broyles of Fulton, t-0 be entitled an -act to create a Board of Examiners for boiler and stationary ~ngines for Fulton county.
Respectfully submitted. S. R. HARRis, Chairman.
Mr. Harris, chairman of.t~e Committee on General Judiciary, submitted the following report:

M1. Pre<fident:
The General Judiciary Committee have had under consideration the following bills, and they direct me to report them back to the Senate, with the recoromendati9n that they do pass, to wit :
A bill, by Mr. Osborne o the First District, to be en-

WEDNESDAY, DECMBER 5,- 1M94.

377

titled an act to amend section 2783(a) of the Code of1882, ani! for other purposes.
A~so, a bill, by Mr. Osborne of the First District, to be _ entitled an act to amend section 278:3 of the Code of 1882, and for other purposes.

Also, a bill, by Mr. Osborne of the First District,to.be eptitled an act to amend an act, approved SP-ptember 22, 1891, entitled an act to amend an act to repeal sectiop 4618 of the Code, etc., and for other purposes.

'.~;hey have also had under consideration a bill, by Mr. Wilson of the Fifth District, to be entitled an act to pre-
scribe the mode of changing venue in criminal cases in the Superior Courts in this State, and for other purposes, and they direct me to repo~t the same back to the Senate, with the recommendation that it do pass as amended.

They have also had under considenrtiO'U the following bills, and they direct me to report them back to the Senate, with the recommendation that they be read the second time and recommitted, to wit :

. A bill, by Mr. Jones of Dougherty, to be entitled an aet

to provide for the payment by the county of Dougherty, to

the officers of court in Dougherty county, of costs of prose-

cution in all cases where gang of said county.

th.e

convicts

work on

the chain-

Also, a bill, by Mr. Osborne of the First District, to be entitled an act to amend section 1455(h) of the Code of 1882, and for other purposet~.

They have also had under consideration the following bills' and they direct ,me to report them back to the Senate, with the Nl_commendation that they do not pass, to wit:--

378

JOURNAL OF THE SENATE.

A bill, by Mr. Monro of the Twenty-fourth District, to be entitled an act to amend paragraphs 2 and 3 of secti~ 3 of article 6, paragraph.! of section 11 of article 6, and 1 of section 12 of article 6 of the Constitution of this State, and for other purposes.

Also, a bill, by Mr. Craigo of the Forty-first District, to be entitled an act to repeal certain portions of an act entitled an act to repeal certain portions of an act entitled an act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so as to provide for the revision of the j nry boxes and for other purposes, approved October 17, 1879, and all acts amendatory thereof, and in lieu thereof to provide for the revision of the jury boxes by the notaries public and ex oJficio justices of the peace of the different militia districts as commissioners, and for other purposes.

Also, a bill, by Mr. Harris of the Third District, to he entitled an act .to exempt from taxation notes gi\en by vendee, etc., and for other purposes.
Also, a bill, by Mr. Harris of the Third District, to be entitled au act to exempt from taxation notes received by vendors of real and personal property from the purchaser wherein title to such property has passed to purchaser, etc., and for other purposes.
Reepect.fully submitted.
N. E. HARRIS, Chairman.
Mr. Monro, from the General Judiciary Committee, submitted the following minority report:

Jfr. President:
A minority of the Committee on General Judiciary submit the following minority report, on Senate Bill No 88, to provide for the election of Judges and Solicitors-General by the people :

''WEDNESDAY, DECEMBER 5, 189l.

379

The minority of the committee di'sagree with the majority ft>r the following reasons:

Under our present system, Judges and Solicitors are

often chosen by the Legislature who are not the choice of

their judicial circuits. .

The Judge of the Superior Cout is vested with more

power than any other officer in the State, and the people

have a right to be heard in the selection of men who are

to be the custodians of their Jives and property.

The present plan is undemocratic and despotic.

As the bill un~er consideration is a constitutional amend-

ment, it will, if passed, be submitted to the people for rati-

fication or rejection. If the people do not desire to make

a change in the present mode'"of selecting Judges and Solic-

itors they can express themselves through their ballots;

hence, no harm will accrue from giving them an oppor-

tunity of being heard on this matter.

A majority of the States in the union elect their Judges

by the people, and the plan gives perfect satisfaction.

Therefore a minority of the committee recommend that

the bill do pass.

Respectfully submitted.

GEo. P. MoNRO,

TRAMMELL STARR,

M.G. BoYD.

While believing that Judges of the Superior Co~rts should be elected by the people of their respective circuits, yet as this bill recognizes the principle of election of Judges by the people, I concur in the above report.
CLAIBORNE SNEAD.

Mr. R. W. Roberts, from the General Judiciary Committee, submitted the following minority report :

Mr. President : The Gen~ral Judiciary Committee has had under consid-

.380

,JOURNAL OF THE SENATE

-etation Senate Bill No. 97, to be entitled an act to au-

thorize females to hold certain offices and perform ceratin

civil functions in this State, and for other purposes.

The same has been reported back to the Senate, with the

recommendation that it do not pass. We, the undersigned

members of said committee, dissent from the majority re-

port, and ask the Senate to disagree thereto and pass the

bill, after amending .the same, as follows:

A mend section 1 by striking out all of said section after

the word "act," in the third line of .said section, and insert-

ing in lieu thereof the following: The Governor, Secretary

ofState, Treasurer, Comptroller-General, Attorney-General,

Commissioner. of Agriculture, State School Commissioner,

.and Railroad Commissioner shall have the power atid authority, in th~ir discretion, to appoint females to such offices

.and clerkships as said several officers are authorized by law

to appoint, whose duties are to be performed within the

State Capitol. We are induced to make this minority rep~~,t for the fol-

lowing reasons:

1. Because we believe such offices as are provided for in

said bill can be acceptably and capably filled by women.

2. Because such positions are subordinate to officers of

high character, and are, therefore, removed from all ob-

jectionable and unwholesome surroundings.

3. Because the people of Georgia, in providing technical

.and industrial education for women, have spoken in favor

of the proposed bill.

4. Because justice demands that they should no longer be

confined to the drudgery of menial offices, ,Q,ut should be

.allowed to occupy the more lucrative positions for which

they are well qualified. .

Respectfully submitted.

w. R.

ROBERTS,

c. H. BRAND,

CLAIBORNE SNEAD.

WEDNESDAY, DECEMBER 5, 1894.

381

The following message was received from his Excellency,. thee Governor, through Mr. Callaway, his private Secretary:

Mr. PreJJident :
The Governor has approved the following act of the General Assembly, to wit:
An act to amend the act regulating municipal elections in Savannah.
The Presid~nt announced as the committee to visit the North Georgia Agricultural College during its commencement exercises, under provision of Resolution No. 39, approved December 22, 1893, Messrs. Mercer and McGregor.

On motion of Mr. Harris of the Twenty-second District,. the bill of the House to systematize the finances and increase the efficiency of the common schools, etc., and for other purposes, was read the first time, and referred to the Committee on Education.

Mr. Harris, chairman of the Committee on Special Judiciary, submitted the folJowing report:

Mr. President :
The Special Judiciary Committee have had under consid-
a eration bill, by Mr. Mansfield of Mcintosh, to be entitled.
an act to repeal an act to require the registration of voters in Mcintosh county, to provide for the same, and for other purposes, anfl they direct me to report the same back to the Senate, with the recommendation that it do pass.
Respectfully submitted. S. R. HARms, Chairman.

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

382

JouRXAL oF THE SENATE.

By Mr. Harris of the Third District-
A bill to amend an act, approved December 20, 1892, with the following title : An act to carry into effect paragraph 18 of section 7 of article 3 of the Constitution of 1877, etc., and for other purposes.
Referred to Committee on Banks.

By Mr. Harris of the Twenty-second DistrictA bill to amend the charter of the Macon Savings Bank,
~tc.
Referred to Special Judiciary Committee.

By Mr. Whitley-
A bill to provide for the speedy trial of certain criminal <Jases, and for other purpos~s..
Referred to General Judiciary Committee.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to prescribe the method of serving bills of exceptions upon non-resident and unrepresented defendants in error, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 29, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 279 ()f the Code of 1882, concerning the appointment of Judges ()f County Courts, by striking out the words "two years"
in the fifth line of said section, and inserting in lieu thereof,
the words "one year."
The report was agreed to.
The bill was read the third time and passed; ayes 27, nays 0.

WEDNESDAY, DECEMBER 5, 1894.

383

The Senate took up the report of the Committee on Corporations on the bill of the Senate to regulate benevolent institutions in this State, etc., and for other purposes.
The cummittee reported fav;orably to the passage of the bill.
The report was amended, on motion of Mr. Starr, by striking out the fifth section.
The repo~t, as amended, was agreed to.
The bill was read the third time and passed as amended; ayes 32, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to prescribe the method of attestation and acknowledgment. of deeds to realty and personalty executed without the State, to authorize their record in this State, and for other purposes.
The committee reported in favor of its passage, with certain amendment<>, which were adopted, and the report was agreed to.
The bill was read the third time and passfld as amended; ayes 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to fix a lien in favor of persons furnishing material and supplies to railroad companies, etc.

The committee reported in favor of its passage with amendments.

Mr. Tatum moved to amend the report as folJows :

.

.

Amend caption by adding after the words "supplies,"

et.c., and before the word "to," in the fourth line thereof,

the words : "and also, in favor of persons having claims

JouRNAL OF THE SENATE.
against Raid companies for live stock killed by their engines or cars."
This amendment was adopted.
Mr. Tatum moved to further amend the report as follows:
Amend section 1 by adding after the word "State" and before the word "shall," in the fifth line of said section, the words "and all persons having claims against said company for live stock killed by its engines or cars,", and in the seventh line thereof, by adding after the word "articles," the words "for the amounts due to them for damages for the killing of such live stock."
This amendment was adopted.
Mr. Harris moved that the bill and the amendments be recommitted.
This motion did not prevail.
Mr. Tatum called for the previous question, which was sustained, and the main question was ordered.
L Shall the report of the committee be agreed to, as amended?
The report, as amended, was agreed to.
2. Shall the bill, as amended, pass'!
The bill was read the third time and passed as amended; ayes 30, nays 0.
The following message wa-3 received from his Excellency, the Governor, through Mr. Callaway, his Private Secretary:
~llr. President: The Governor has approved the following act of the
General Assembly, to wit:

WEDNESDAY, DECEMBER 5,. 1894.

38&

.An act to repeal an act to create a Board of Commissioners of Roads and Revenue for the county of Carroll, to define their powers and duties, and for other purposes. pertaining thereto.
Mr. Whitley submitted an invitation to the Senators ta attend a literary and musical entertainment to be given at the Douglasville College on next Friday night, December 7.
The invitation was, on motion, accepted.

The hill of the Senate to authorize the State Librarian to appoint and remove his assistant was, on motion, re- committed.
The Senate took up the report of the General JudiciaryCommittee on the bill of the Senate to amend section' 2039(b) of the Code of 1882, in relation to the right of the debtor and his wife, if he has any, to select and set. apart $300 worth of household and kitchen furniture and provisions, to provide the manner of selecting and setting apart the same, and supplementing the same, and for other purposes.
The committee reported in favor of it~ passage, with amendments, which were adopted, and the report was .agreed to.
The bill was read the third time and passed as amended;. ayes 29, nays 0.

The bill of the Senate to secure a fair and impartial jury for the trial of criminal cases was taken up, one hundred copies thereof ordered to be printed for the use of the Senate, and laid on the table.

The Senate took up the rep_?rt of the General Judiciary Committee on the bill of the Senate to alter and amend
25

;J86"

JOVRXAJ, OF THE SENATE.

paragraph 2, section 2, article 7 of the Constitution of the State.
The committee- reported Ill favor of its passage, with .amendments.
The report was amended, on motion of Mr. Harris, a~ follows: Amend section 1 by striking out the following words: "all property of any church, religious society, or sect," in the thirteenth and fourteenth lines, and inserting the following words: "churches, parsonage~, and b\lildings used exclusively for worship."

The report was further amended, on motion ot Mr. Osborne, as follows: Amend by striking out the following words in the sixth, seventh, and eighth lines of the first sec.tion, to wit: and, also, by striking out after the words " publ~c charity," on lines third and fourth, the words "all ;buildings erected tor and used as a," and inserting in lieu ,thereof the words "all property of any."
This bill was, on motion, recommitted.

The Senate took up the bill of the Senate to amend an act to incorporate the South Georgia Bank of Waycross.
Mr. Harris, of the Third District, called for the previous question on the passage of the bill as amended.
The call was sustained and the main question ordered.
Ou the passage of the bill, as amended, the ayes were 2:3;
the nays were -t
So the bill was passed, as amended, Ly a constitutional majority.

Leave of absence was granted Mr. MeGarity for a few .days an(l to Mr. Story on account of sickness.

WEDNESl>AY, DECEMBER 5, 1894.

387

On motion of Mr. Wilson, Colonel J. G. Wadley, of Waycross, was invited to a seat in the Senate during his stay in the city.

The bill of the Senate to amend section 1455(h) of the Code, and for other purposes, was read the second time and recommitted.

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

A bill to amend an act approved September 22, 1891, to amend an act to repeal section 4618 of the Code, and for other purposes.

Also, a bill to amend section 2783(a) of the Code, and for other purposes.
Also, a bill to provide for third-class roads, and for Qther purposes.
-
Also, a bill to amend section 2783 of the Code of 1882, .and for other purposes.

Also, a bill making it unlawful for municipal eorporations to levy a tax or license upon any non-resident manufacturer, merchant, trader, or their traveling salesmen, for selling goods, wares, or merchandise by sample within their .corporate limits, and for other purposes.

Also, a resolution to relieve Samuel Walker, principal, Daniel B. Sanford, and Adolph Joseph, securities, from all liability on a certain bond, payable to the Governor of the State.

The bill of the House to provide for payment by the .county of Dougherty of certain costs to officers of court in said county in all cases where convicts work on the chain-

388

JoUR~AL OF THE SENATE

gang of said county was read the second time and recommitted.

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

A bill to create a Board of Examiners for boiler and stationary engines in Fulton county.

Also, a bill to repeal an act to require the registration of voters in Mcintosh county.

Also, a bill to exclude certain cases from the jurisdiction ot t.he CityCourt of Atlanta.

Also, a bill to abolish the Cqunty Court of Decatur county, etc., and for other purposes.

Also, a bill to amend an act, approved February 17,

1877, entitled au act to establish a Board of Commissioners

for the county of Talbot, etc., so as to change the time of

the election.



Also, a bill to amend section 1319 of the Code of 1882, so as to chalige the time of electing county officers from the first Wednesday in January to the first Wednesday in October preceding, and for other purposes.

Also, a bill to transfer the county of Dawson from the Blue Ridge J ndicial Circuit to the Northeastern Judicial CirP-uit.
Also, a bill to provide for the safe keeping of the registration books of Chatham county.
The Senate, on motion, adjourned until 10 o'clock a. m. to-morrow.

THURSDAY, DECEMBER 6, 1894.

389

SENATE CHAMBER, ATJ~ANTA, GEORGIA',
Thursday, December 6, 1894, 10 O'clock A. M.

The Senate met pursnant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.

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

Beeks, Broughton, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

.Keen, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McClure, Norman, Ryals, Roberts,

Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, epcburch, Wilson, \Vilcox, Wade, Whitler, Williams of 25th, Mr. President.

Those absent were Messrs.-

Bush, Lewis,

McGarity, O:;;borne,

Story.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct.
It was then read and confirmed by the Senate.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report :

Ir. President:
The Committee on Corporations have had under consideration a bill, by Mr. Harris of the Twenty-second District, to be entitled an act to amend the charter of the city of Macon, and for other purposes, and they direct me to re-

:390

JOURNAL OF THE SEXATE

port the same back to the Senate, with the recommendation that it do pass as amended.
They have also had under consideration a bill, by :Mr. Johnson of the Thirty-third District, to be entitled an act to amend an act to incorporate the town of Statham, Ga., and they direct me to report the same back to the Senate, with the recommendation that the introducer be allowed to withdraw it.
Respectfully submitted. C. H. BRAND, Chairman.

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

M1. President:
The House has passed by the requisite constitutional majority the following House bill, to wit:

A bill to he entitled an act to transfer the county of Dooly from the Oconee Judicial Circuit to the Southwestern Judicial Circuit, and to fix the time of holding Dooly Superior Court, and for other purposes.
Mr. Sheppard, chairman on Military Committee, submitted the following report :

Mr. President :
The Military Committee, having under consideration the following bill by Mr. Roberts of the Twentieth District, to wit: A bill to be entitled an act to amend section 1103 of the Code of 1882, which declares and describes the State flag, authorized me to report the same back to the Senate, with the recommendation that it be read a second time and recommitted to the Military Committee.

THURSDAY, DECEMBER 6, 1894.

391

Also, a resolution for the relief of Samnel Walker, Principal, Daniel B. Sanford, and Adolph Joseph, secu-
rities, from all liability on a bond payable to the Gov-
ernor of the State, bearing date of June 27, 1882, authorized me to report the same back to the Senate, with the recommendation that it do pass.
Respectfully submitted. W. W. SHEPPARD, Chairmah.
Mr. Beeks, chairman of the Committee on Education, submitted the following report:
Mr. President : The Committee on Education have had under considera-
tion the following House bills, which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :
A bill, by the Education Committee, to he entitled an act to systematize the finances and increase the efficiency of the common schools, and for other purposes.
Also, a bill to be entitled an act to amend section 6 of an act to establish a system of public schools in Washington, Ga., etc.
Also, a bill to be entitled an act to amend the charter of the town of Vienna, etc.
Also, the following Senate hill, which they recommend do not pass, to wit :
A bill to he entitled an act to require the Board of Education in the several counties of this State to pay the public school teachers, regardless of the grade of the teachers" licenses, etc.
Also, the following Senate bill, which they recommend do pass, as amended, to wit :

392

JouRNAL OF THE SENATJo~.

A bill to be entitled an act to further negotiate and pre-

scribe the duties of the Boards of Visitors and TrusteeE,

respectively, of the University of Georgia, to confer certain

powers upon the Board of Trustees, and for other purposes.

Respectfully submitted.

w. C. BEEKs, Chairman.

Mr. Harris, chairman of the Committee on General Judidary, submitted the following report:

Mr. President:
The General Judiciary Committee have had under consideration the following bills, and they direct me to report them back to the Senate, with the recommendation that they do pass, to wit :

A bill, by Mr. Brand of the Thirty-fourth District, to
be entitled an act to repeal an act of the General Assembly /
entitled an act to regulate the methods of pleading in the
courts of the State, and for other purposes.

Also, a bill of the House, by Mr. Gray of Houston, to. be entitled an act to authorize the Comptroller-General to appoint one of the Railroad Commissioners ofthis State as arbitrator in certain cases, and for other purposes.

Also, a bill of the House, hy Mr. Worley of Elbert, to be entitled an act to amend section 4041 of the Code of 1882, and for other purposes.

They have also had under consideration a bill, by Mr. Munro of the Twenty-fourth District, to be entitled.an act to define the rights of landlords, etc., and for other purposes, and they direct me to report the same back to the :Senate, with the recommendation that it be recommitted to the Committee on Agriculture.



THURSDAY, DECEMBER 6, 1894.

39:3

They have also had under consideration the following bills, which they direct me to report back to the Sen::tte, with the recommendation that they be read the second time and recommitted, to wit:

A bill, by Mr. Sheppard of the Second District, to be {lnt\tled an act to provide for the recording of chattel mortgages on real estate in separate sets of books, etc., and for other purposes.

Also, a bill of the House, by Mr. Wright of Floyd, to be entitled an act to regulate admission to the bar.

Also, a bill of the House, by Mr. Fouche of Floyd, to be entitled an act to establish Boards of Medical Examiner~ for the State of Georgia, etc, and for other purposes.

Also, a oill of the House, by Mr. Hodges of Bibb, to be entitled au act to amend an act to establish the City Court of Macon, and for other purposes.

Also, a bill of the House, by Mr. Greer of Macon, to be "(lntitled an act to allow and authorize County Judges to hold court in other counties than those of their ,-esidence.

Also, a bill of the House, by Mr. McClure of Dawson, to be entitled an act to change the time of holding the SuperiOr Court in the county of Dawson, and for other purposes.

Also, a bill of the House, by Mr. Wright of Floyd, to be entitled an act to amend section 4696(a) of the Code of 1882, and for other purposes.

Also, a bill of the House, by Mr Moore of Bulloch, to be entitled an act to make penal the offense of slander or oral defamation, etc., and for other purposes.

:394

JoURNAL OF THE SENATE.


They have also had under consideration the following-

bills, and they direct me to report the same back to the-

Senate, with the recommendation that they do not pass, to

wit:

A bill, by Mr. Lumpkin of the Forty-second District, to be entitled an act to amend an act entitled an act to amend section 3149(a) of the Revised Code of 1882,. and fcJr other purposes.

Also, a bill, by Mr. McGregor of the Nineteenth District, to be entitled an act to amend paragraph 2, section 1,. article 2 of the Constitution of Georgia.

Also, a bill, by Mr. Venable of the Thirty-fifth Dis-

trict, to be entitled an act to amend an act to regulate the

business of insurance, approved October 24, 1887, and for

other purposes.



Also, a hill, by Mr. McGarity of the Thirty-eighth District, to be entitled an :tct to amend paragraph 1, section 12,.
article 6, and paragraph 2, section :3, article 6 of the Con-
stitution, concerning the election of ,Judges, etc.
RespeHfully submitted.
N. E. HARRIS, Chairman.

Mr. Snead submitted the following minority report, towit:
A minority of the Judiciary Committee disagree with the adverse report of that committee upon the bill to be entitled an act to amend paragraph 1, section 12, article 6, and paragraph 2, section 3, article 6 of the Constitution of Georgia, so as to provide for the election of Judges of the Supreme Court, the J~dges of the Superior Courts and the Solicitors-General hy the people.

THURSDAY, DECEMBER 6, 189-!.

. 39

And this disagreement is based on the following grounds:
1. This bill should pass because our present system of election_ ot judges by the Legislature has proven very unsatisfactory to a large majority of the people, as eYidenced by the public press without distinction of parties.
2. It providts for the election of Judges of the Supreme Court by the vote of the State, the same as the State House officers, which would give the people a chance to govern themselves in the selection of their judiciary.
3. It provides that each judicial circuit shall elect their own Judges of the Superior Courts, thus carrying out that grand ideal of Thomas Jefferson-a government of the people- by the people and for the people.
The minority of the committee, therefore, recommend that the bill do pass.
Respectfully submitted.
CLAIBORNE SNEAD, Chairman.

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

Mr. President :
The Special .ludiciary Committee have had under con.stderatiqn House Bill No. 214, by :Mr. 'Vest of Lowndes, to be entitled an act to abolish the County Court of Lowndes county, and for other purposes, and they direct me to report the Mme back to the Senate, with the recom_mendation that it do pass as amended.
They have also had under consideration the following bills which they direct me to report back to the Senate, with the recommendation that they do pass, to wit:

Honse Bill No. 174, by Mr. Newton of Colquitt, to be entitled an act to provide compensation for the members of

396"

JOURNAL OF THE .SENA'J'E.

the Board of Commissioners of Roads and Revenues for . Colquitt county, and fi)r the Clerk of said board.

Also, House Bill No. 234, by Mr. Hudson of Baker, to be entitled au act to repeal an act to provide for and require the registration of voters in Baker county, and for other purposes.
Respectfully sHbmitted. S. R. HARRIS, Chairman.
On motion of Mr. Lnng, it was ordered that one hundred copies be printed of the bill of the House to establish Boards of Medical Examiners for the State of Georgia, etc., and for other purposes.

The bill of the House to transfer the county of Dooly from the Oconee Judicial circuit to the Southwestern Judicial Circuit, and to fix the time of holding Dooly Superior Court, and for other purposes, was taken up, read the first time, and referred to the General Judiciary Committee.

The Hon. T. J. Smith, ex-Senator, was, on motion of :Mr. Wilcox, imited to a seat in the Senate during his stay in the city.

Mr. Whitley, chairman of the Committee on Engrossing, submitted the following report:

Jllr. President :
Your Committee on Engrossing ha,e examined the following bills and find them properly engrossed and ready to bt:> transmitted to the House of Representati,es, to wit:

A bill to be entitled an act to amend an a<'t to incorporate the South Geor~ia Bank, of 'Vaycross, etc.

THURSDAY, DECEMBER 6; 1894.

397

Also, a bill to be entitled an act to amend section 2039(b) of the Code in relation to the right of the debtor to select
I
and set apart three hundred dollars worth of household and kitchen furniture and provisions, and for other purposes.

Also, a bill to be entitled an act to fix a lien in favor of persons furnishing material and supplies to railroad companies, etc.

Also, a bill to be entitled an act to amend section 279 of the Code of 1882, concerning the appointment of Judges of County Courts, by striking out the words "two years," and insert 'one year."

Also, a bill to prescribe the method of serving bills of exceptions upon non-resident and unrepresented defendants in error, and for other purposes.

Also, a hill to be entitled an act to prescribe the method of attestation and acknowledgment of deeds executed with-.. out the Stat'e, and for other purposes.

Also, a bill to regulate benevolent institutions m this State, and for other purposes.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Sheppard introduced the following bill, which was read the first time, and referred to the General Judiciary Committee, to wit:
A hill to repeal sections 2040 to 2049, inclusive, of the Code of 1~82, etc:, and for other purposes.
The Senate took up the report of the Special Judiciary Committee on the following bill of the House:

;398

JoURNAL OF THE SENATE.

A bill to amend an act, approved February 17, 1877, entitled an act to amend an act to establish a Board of Commissioners fi>r the county of Talbot, approved February 16, 18i6, so as to change the time of election.
The report was agreed to.
The hill 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 ot' the House to provide a Board of County Commissioners for Jones county, and tor other purposes.
The committee reported in favot of its passage.
On motion of Mr. Harrison, the report was amended as f(,llows:
Amend section 1 by striking out the last three lines of said section and inserting in lieu thereof the following: " to be recommended by the grand jury aud appointed by 1ihe Judge of the Superior Court to hold office as hereinafter provided."
Amend by striking out all of section 2 and inserting in lieu thereof the following :
Section 2. Be it furthei enacted, That said board shall be selected by the grand jury of the county at the first meeting after the, passage of thiR act~ and the names submitted to the Judge of the Superior Court presiding in said court. One of said Commissioners shall be appointed for the term of one year, one for two years, one for three years, one for f(mr years, and one for five years. Subsequent appointments after the expiration of the term for which the first appointments are made shall be for the term of five years. All vacancies in the board, occurring from any cause, shall be filled as appointments are made in the first in-

THURSDAY, DECEMBER 6, 1894.

399

stance. Each member of the hoard .shall be twenty-one years of age; shall have resided in the county at leastAtwo years prior to the said appointment, and shall have paid all taxes required of him since the adoption of the Constitution of 1877.
Strike out from the third section all after the word "office," in the tenth line, and substitute in lieu thereof the following: "They shall he commissioned by the Governor, on certificate of the Clerk of the Superior Court, under the seal of the court, setting forth the action of the grand jury and the appointment, by the Judge presiding, as hereinbefore set for~h."
The report, as amended, was agreed to.
The bill was read the third time and passed as amended; ayes 28, nays 0.
Mr. Osborne, .chairman of the Committee on Railroads, submitted the follo\ving report :

Mr. President: The Committee on Railroads have had under considera-
tion the following bill of the Senate, which they report back to the Senate, with the recommendation that the same be read a second time and recommitted to the Committee on Railroads, to wit :
A bill to be entitled an act to amend section 2084 of the revised Code of 1882.
Respectfully submitted. W. W. OsBORNE, Chairman.

Mr. Harris, chairman of the Committee on General Judiciary, submitted the following report:
Jfr. President: The General Judiciary Committee have had under con-

400

JouRNAL m THE SENATE.

sideration a bill by ,Mr. Osborne of the First District, to

be entitled an act to amend section 14n5(h) of the Code,

and they direct roe to report the same back to the Senate,

with the recommendation that it do pass by substitute.

Respectfully submitted.

N. E. HARRIS, Chairman.

Mr. Harris, ehairman of the Committee on Special Judiciary Committee, submitted the following report :

M1'. President :

The Speeial Judiciary Committee have had under consideration a bill by Mr. Tatum of the Forty-fourth District, to be entitled an act to amend sections 1 and 2 of an act to amend an act approved December 30, 1890, and for other purposes, and they direct me to report the Slime back to the Senate, with the recommendation that it be read the second time and recommitted.

Respectfully submitted.

S. R. HARRIS, Chairman.

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

Mr. President:
Your Committee on Finance have had under considerdtion a bill, by Senator Lewis of the Thirteenth District, to wit:

A bill to provide for sale of the Northeastern Railroad, and for other purposes.

And they direct me to report same back to the Senate, with the recommendation that it do pass as amended.
E. B. LEWis, Chairman.

THURSDAY, DECEMBER 6, 189-l.

The Senate took up. the report of the Committee on Public Roads on the bill of the Senate to provide for thirdclass roads in this State, and for other purposes.
The committee reported in favor of the passage of the bill.
On the question of adopting the report the ayes and nays were demanded and allowed by the Senate.

Those voting in the affirmative were Messts.-

Bussey, Boyd, Brand, Brown, Craigo, Harrison, Johnson,

Keen, Little, Lumpkin, McMillan, )iercer, )lcGregor, Monro,

McClure,
Ryal~,
Snead, Sharpe, Starr, Wilcox ..

Those voting in the negative were Messrs.-

Beeks, Broughton, Cumming, Harris of Third, Harris of Twelfth-,

Harris of 22d, Lt>wis, Norman, Osborne, Tatum,

Those not voting were Messrs.-

Upchurch Wilson, Whitley. Williams,

Bush, Long,
Morton, McGarity,

Roberts, Sheppard, :O:tory,

Sanford. Wade,
Mr. President.

There are ayes 20; there are nayi:l 1-1.

So the report of the committee was agreed to.

The bill was read the third time and passed; ayes 23, nays 11.

The bill was, on motion, mdered to be immediately transmitted to the House.

402

JouRNAL OF THE SENATE.

The Senate took up the report of the Finance Committee on the bill of the Senate to provide for the 8ale of the Northeastern Railroad.
The committee reported m favor of its passage with certain amendmenhl, which were adopted, and the report was agreed to.
"The bill was tead the third time and passed as amended ; -ayes 27, nays 0.
This bill was, on motion of Mr. Lewis, ordered to be transmitted at once to the House.

The bill of the Senate to repeal an act to regulate the methods of pleading in the courts of this State was read the second time and passed to a third reading.

Mr. Bmnd, chairman of the Committee on Corporations, submitted the following report:

.Mr. P1esident :
Your Committee on Corporations have had under con:Sideration the following House billby Mr. Broyles of Fulton, to wit:

A hill to incorporate the town of Oakland City in the .county of Fulton, and for other purposes, and they instruct me to report the same back to the Senate, with the recommendation that it do pass.
Respectfully submitted. C. H. BRAND, Chairman.

"The Senate took up the report of the General Judiciary Committee on the bill of the. Senate making it unlawful for municipal corporations to levy a tax or license upon any non-resident manufacturer, merchant, trader, or their travel-

THURSDAY, DECEMBER 6, 1894.

,
403

ing salesmen, for selling goods, wares, merchandise, by sample, within their corporate limits, and for other purposes.

The committee reported in favor of its passage, with the following amendments, to wit:

1. Amend by adding after the word "sample" and before the word "in," in the sixth line of section 1, the words "fin fntnre delivery."

This amendment was adopted.

2. Amend by adding the wo,rds "to wholesale or retail dealers" after the word "sample," in the sixth line of section 1, and in front of the words" for future delivery."

On the adoption of this amendment, the ayes and nays were called for and ordered by the Senate.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Cumming, Harris of 22d, Harrison, Lewis,

Long, Little, Lumpkin, Mercer, Morton, Osborne, Ryals,

Roberts, Upchurch, Wilson, 'Vilcox, Wade, 'Villiams of 25th, Williams of 36th.

Those voting in the negative were Messrs.-

Boyd, Brown, Craigo, ffarris of Third, Harris of Twelfth, .Johnson,

Keen, .McMillan, McGregor .Monro, McGarity,

McClure, Snead, Sharpe,
~tarr,
Tatum .

Those not Yoting were Messrs.-

Bush, Brand, .Norman,

Sheppard, Story,

:"an ford, Mr. Pr~sident.

There are ayes :W; there are nays 16. So amendment No. 2 of the committee was adopted.

-!0-l

JotTRXAL oF THE S.K!\ATt~.

:~. The committee proposed to amend further as follows: Add afte1 the last word in seetion 1, the following: "prodded, this act shall not authorize the sale of spi1ituous, intoxicating, vinous, or malt liquo1s in any city or town in this State where the sale of such liquors is now prohibite1l by local option, high license, or otherwise."
This amendment was adopted.

The report was agreed to.

The bill wa,.; read the third time, and on the question of its passage, as amended, the ayes and nays were recorded.

Those voting in the affirmathe were Messrs.-

Boyd, Craigo. Harri~ of 2Zd, .Johnson, Keen, Little, ::\IcGregor,

::\lonro, :\lctrarity, :\lcClure, Ryals, Hoberts, Sanfurtl,

1-'nead, Sharpe, Starr, Tatum, Wilson, Williams of z:-1th.

Those ,oting in the negative were l\Iessr,.;.-

Beeks, Broughton, Bussey, Brown, HaJTis of Third.

Harris of Twelfth, Lewis, Lumpkiu, !\IcMillan,
~\lercer,

}lorton, :!'\ o r m a n , Osborne, Cpcnurch.

Those not ,oting were :\Iessrs.-

Bush, Brand, Cumming, Harrison,

Long, 1-'tleppard, Story. \\'ili'OX,

\ \ ' a tiP, Whitley, ::\lr. Pre~iden t.

There me ayes 1U ; there are nays 1-l.

The bill, not having re<"eived a constitutional majorit~. was lo:-t.

The Senat9 took up the repmt of the General ,Judiciary Committee on tlw filllowing bill of the Senate :

THURSDAY, DECEMBER G, 1894.

405

A bill to prescribe the mode of changing venue in criminal cases in the Superior Courts of this State.
The committee reported in favor of its passage.
On motion of Mr. Roberts, the report was amended as follows:
Amend section 2 by striking out the words "SolicitorGeneral or the'~ in the second and fourth lines of said section.
The report as amended was agreed to. The bill was read the third time and passed as 11mended; aye8 ~6, nays 2.
The Senate took up the report of the General Judiciary Committee on the following bill of the Senate:
A bill to amend an act, approved September 22, 1891, entitled an act to amend an act to repeal section 461~ of the Code.
The report was agreed to..
The bill was read the third time, and passed; ayes 31, navs 0.
Mr. Long, chairman of the Special Committee to visit the University and inspect and report upon the buildings and grounds, submitted the following report, one hundred copies of which were ordered to be printed for the use of the Senate :

J[,.. Pl"esident :
The Joint Committee of the Honse and Senate appointed to visit the University of Georgia, inspect the buiidings, equipments, etc., visited the University of Georgia at Athens, 011 the 4th inst., and find
The I~ibrury in good condition, well kept and well patronized by the students.

.

406

JouRNAL oF THE SENATE.

The department of History in fair condition; the museum valuable and interesting, but both located on the third floor of the Library building, and without sufficient space for the proper accommodation of both.

The department of Mathematics also located in the Library building on the first floor, partly furnished with common wooden benches, without desks and without sufficient space to accommodate the classes.
The Moore Building, the only building of modern structure, is a substantial three-story building, with basement, and is i~ good condition, but too small to accommodate the departments which are fi>rced to be located therein.

The Department of Chemistry is located in the Moore Building; the recitation room, which is too small, should be enlarged and arrangement of seats improved. The space allotted to the laboratories is entirt>ly inadequate to the demands of the institution, being located partly in the basement and poorly furnished with the plainest furniture and so crowded as to force the division and subdivision of the classes, as to render the best results impossible.

The Department of Physics is also located in the :Moore Building and the space @ccupied is entirely inadequate for theattainmentoftLe best results. The apparatus in this department, which are very delicate, valuable and abundant, are very much erowded and cannot be used to best advantage and without hazarrl to the instruments without more space.
The department of Electricity, which of itself should be a separate and distinct department, is crowded into a small corner cut otf from one of the rooms in the Moore Building, and it is impossible to properly teach it under such circumstances.

THURSDAY, DECE:&IBER 6, 1X94.

407

The department of Engineering is properly equipped

with apparatus and occupies a sufficiency of space.



The lack of room in the department of Mathematics causes the devision of classes, and the old Ivy building has a number of students crowded into a small room unsuitable for the work.

One of the old dormitories, erected iu 1830, and now . called" New College," has been converted into recitation rooms for Latin, Gteek, German, French, English, and Biology, which are entirely unsuitable for the purposes for which they are used.

In a room.of.one of the old buildings is a poorly equipped Gymnasium. This might be, at no great expense, fitted up for a recitation room.

The grounds are amply large, centrally located, and contain a number of beautiful sites for the erection of additional buildings, as the necessities may demand.
I
Two hundred and twenty-one students are now attending the University-a number larger than usual-with a promise of a considerable increase with the opening of the new year.
The water-closet8, which are in an absolutely unsanitary condition and a menace to the health of the students, as well as the city of Athens, should be done away with at once,. and modern arrangements substituted therefore.

In order that the Electrical department be put it propercondition, it appears that apparatus for that purpose, in addition to what is now on hand, should be provided.

The Joint Committee are of the opinion that an additional building is absolutely necessary for the accommoqa-

-l08

.JoFRSAL OF THE SEXATE.

tion of the present attendance, and that it is simply an impossibility for proper attention to be given the students under the present arrangements.
The committee, on account of tlw limited time at its disposal, has not been able to take minute itemized statements of all the necessary improvements, nor to make estimates of the cost of the same, but is informed that the Board of Trustees of the University has passed upon the necessity of these impro\enwnts and requested the authorities to ask of the Legislatme that the same be provided ; and in pursuan<>e of that request careful estimat~:o; of the cost!'> of the improvements desired werl' made by Dr. L. H. Charhonnier, and the amount of costs IJy his estimates furnished the committe is__ ___ _ ___ . __ _ __ $ 24,261 :30 not including costs of electrical apparatus of 2,500 00
(By estimate of Dt. H. C. White.) Makingtotalof ----- --------- $26,76130
As necessary for the purposes indicated. This includes no estimates for costs of \\'ater-closets.
N. G. I.ONG, Chairman, WM. A. BROUGHTON, W. W. SHEPPARD,
Committee on pmt of the Senaft.
DAVID W. MEADOW, Ch'm,. T. D. ROCKWELL, JAMES W. ARMSTRONG,
Committee on part of the Hott.~e.

By resolution of Mr. Broughton, the Hon. A. M. Speer was invited to a seat in the Senate during his stay in this city.
Mr. Mercer Was granted permtsswn to withdraw Senate Bill No. 36, and Mr. Johnson was granted leave to with-

THURSD~Y, DECEliBER 6, Hl9/L

40H

<lraw Senate Bill No. 101-No. 36 being a~ Senate bill to -change the time of meeting of the GeneraiAssembly, and No. 101 being a bill to amend an act to incorporate the town of Statham, Ga.

On motion of Mr. Harris of the Twenty-~econd District, 1t was ordered that when the Senate adjourns it shall adjourn until -! o'clock p. m., for the reading of bills the first time, and bills favorably reported the second time.

( )n motion of Mr. Harris, one hundred copies of House Bill Xo. 91, to regulate admission to the bar, were ordered printed for the use of the Senate.
The bill of the House to systematize the finances and increase the efficiency of the public schools, etc., was read the seeond time and passed to a third reading.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 278:3(a) of the Code, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 35, m1ays 0.
The Senate took up the . report of the Committee on Military Affairs on the joint resolution of the Senate to relieve Samuel Walker, Principal, and Daniel B. Sanford, ~md Adolph Joseph, Securities, of all liability on a certain bond payable to the Governor of the State.
The report was agreed to.
The resolution was:read the third time and agreed to; ayes !l2, nays 0.

The Senate took up the report of the General J udiciaty Committee on the following bill of the Senate :

410

.JOURNAL OF THE SENATE.

A bill to amend section 2783 of the Code, etc., and tor other purposes.
The report was agreed to.
The bill was read the third time, and passed; ayes 31, nays 0.
The Senate took up the report of the Special J udic!ary Committee on the following bill of ~he House :
A bill to repeal an act to require the registration ofyoters in Mcintosh county, etc., and for other purposes.
The report was agreed to.
The bill was read the third time, and passed; ayes !30, nays 0.
The Senate took up the report of the Special ,Judiciary Committee on the following bill of the Honse:
A bill to transfer the county _of Dawson from the Blue Ridge Circuit to the Northeastern Judicial Circuit.
The report was agreed to.
The bill was read the third time, and passed ; ayes 29, nays 0.
Mr..Brand, chairman of the joint committee on the part of the Senate to examine and report on the change of the time of meeting of the General Assembly, ~ubmitted the following report :
~Mr. President: The Joint Committee of the Houso:l and Senate, acting
under the following resolution : That a committee of two from the Senate and three from the House be appointed, whose duty it shall be to prepare an act free from constitutional and other legal difficulties, changing the sessions of the General Assembly from the present time of holding

THURSDAY, DECEMBER 6, 1894.

41 I

the same and providing for summer sessions, reporting their action and recommendations thereon to each branch of the General Assembly for further consideration, beg leave to submit the following report :
We are of the opinion that the General Assembly has the power to enact legislation changing the sessions of the same from the time of its present meeting to a different time, but that the interval between the two sessions cannot be less tban twelve months. In view of this opinion, it is the sense of the committee that it is unwise ~nd impracticable to make any change, as it would disarrange the established system of the State in many important respects, so as ta-nrt-essitate a cha.oge of the present laws in reference to the time of inaugurating the Governor, the election of Judges and Solicitors-General and United States Senator. Also a change in the fiscal year, and the adaptation of the appropriations for the support of the Government and the public institutions, requiring corresponding legislation in these and other respects; and we therefore recommend no legislation looking to a change of the sessions.
c. N. BRAND,
Chairman Senate Committee. R. T. FoucHE,
Chairman Rouse Committee.
The Senate adjourned, on motion, until 4 o'clock p. m.

4 O'CLOCK P. M. The Senate met pursuant to adjournment, the President in the chair.
The call of the roll was, on motion, dispensed with.
Mr. Cumming, under a suspension of the rules, introduced the following bill, which was read the first time and ref~o theommittee on -Banks.



-H2

JOUH~AJ- OF THE SEXATE.

A bill to authorize banks incorporated under the laws ot this State to issue circulating notes, and for other purpo!'es.

The hill of the Senate to provide for recording chattel
mortgages on real and personal property on separate books was read the se~ond time and recommitted.

The bill of the Senate to fnrthet regulate and prescribe
or the duties of the- Boards of Visitors and Trustees the
C niversity of Georgia, to confer certain powers upon the Board of Trustees, and fcw other purposes, was read a .second time.
The fi1liowing bills of the House were read the secom] time and recommitted, to wit:

A bill to make penal the offense of slander or oral defamation, etc.

Also, a bill to amend seetion 4696(a) of the Code of 1882.
AlBo, a hill to allow County .Judges to hold eourt Ill other counties than those of their own residence.

Also, a bill to amend the act to establish the City Court of Macon, etc., and for other purposes.
Also, a hill to provide compensation for the members of thf' Board of Commissioners of Roads and Revenue for Colquitt county.

The follo\ving hills of the- House were read the second time and passed to a third reading, to wit:

A bill to authorize the Comptroller-General to appoint one of the Railroad Commihsioners of this State to act as arbitrator in certain cases.

THURSDA'y, DECEMBER 6, 189-t.

413

Also, a bill to change the time of holding the Superior C'ourt in the county of Dawson.

Also, a bill to abolish the County Court of Lowndes county.

Also, a bill to amend section -tO-tl of the Re,ised Code.

Also, a bill to repeal an act to provide for and requi1e thEregistration of voters in Baker county.

Also, a bill to incorporate the town of Oakland City, in Fulton county.
Also, a hill to amend the chartc1 of the town of Vienna, in Dooly eount.y.
Also, a hill to amen<l section f) of au act to establish a system of public schools in Washing~on, Ga., etc.

The Senate took up the report of tlw General ,J u<liciary Committee on the bill of the Senate to amend section 1-t.55(h) of the Code, and for other purposes.
The committee reporte<l in favo1 of its passage by :substitute, which was adopted.
The repmt was agreed to.
The bill was read the third time and passed, as amended by substitute ; ayes 23, nays 0.
The Senate took up the repmt of the Committee on Corporations on the bill of the House to provide a new charter for the town of Washington, Ga., and f(w the reped of all conflicting law!:', and for othe1 pmposes.
The report was agreed to. The bill was read the third time and passed; ayes ~ l, nays :3.

414

JOURNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to provide for the safekeeping of the registration books of Chatham county, aud 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 change the time of holding the spring term of the Superior Court of Pulaski .county.
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.

The. Senate took up the report of the Special Judiciary Committee on the fi>llowing bill of the House to abolish the County Court of Decatur county, etc., and for other purposes.
The report was agreed to.
The bill was read the third time, and passed; ayes 25, 11ays 0.

The Senate, on motion, took up the report of the Geneml 4J udiciary Committee on the bill of the Senate to amend an act to amend section 3149 of the Revised Code of 1882, and for other purposes.
The majority of the committee reported adversely to the passage of the bill.
Mr. Harris, of the Twenty-second District, submitted, .tJre tenus, a majority report, which was arlopted, and the bill was read the second time and passed to a third reading.

THURSDAY, DECEMBER 6, 1894;

415

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 1319 of the Code of 1882, so as to change the time of electing county officers from the first Wednesday in January to the first Wednesday in October preceding, and for other purposes.
The report was agteed to.
The bill was read the third time, and, on motion of Mr. Mercer, laid on the table.

On motion of Mr. McGregor, the Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend paragraph 2, section 1, article 2 of the Constitution of Georgia, etc.

The majority of the committee reported adversely to the passage of the bill.

A minority report was submitted and is spread on the Journal of this day.
Mr. McGregor moved the adoption of the minority re, port, and ou this proposition called for the ayes and nays,
which were ordered by the Senate.

Those voting in the affirmative are Messrs.-

Brown, Craigo, Johnson,

Keen, McGregor,

McGarity, Snt-.ad.

Those voting in the negative are Messrs.-

Beeks,
Brou~hton,
Bussey, Boyd, Brand, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison,

Lewis, Little, Lumpkin, McMillan, Mercer, Monro, Osborne, Ryals,

Roberts, Sanford, Sbarpe, Starr, Tatum, Wilson, Wilcox, Wade.

-!16

JoeRXAL OF THE SENATE.

Tho.-e not voting were Messrs.-

Bush, Cumming, Long, )lorton,

)lcClnre, Norman, i'\heppard, Story,

Upchurch, Whitley, Williams of 25th, )[r. President.

There are ayes 7 ; there are nays 2.5.

So the motion to agree to the minority report did not prevail.

The Senate then agreed to the majority report, and the bill was therefore lost.

Mr. Brand offered the following resolution, which wa,; read, and unanimously agreed to, to wit :

Re>Jol!wd b,11 the Senate, That the thanks of its member,; be, ~nd they are, hereby tendered to the Hon. W m. Clifton for his bounteous oyster roast, and incidents thereto, thi;; afternoon, so royally and hospitably extended to the Senate.

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

SEXATE CHAllBER ATLANTA, GEORGIA,
Friday, December 7, 1894, 10 O'dock A. ll.
The Senate met pursuant to a{ljournment, the President in the chair.
Prayer was offered by the Chaplain.
On the eall of the roll, the following- Senators answered to their names:

FRIDAY, DECEMBER 7, 1894.

417

' <
Beeks, Bronghtnn, Bussey, Brown, Cumming, Craigo, Harris of Third, Harris of Twelitb, Harris of 22d, Harrison, Johnson, Keen, Lewis,

Little, Lumpkin, McMillan, Mercer, McGregor, Morton, McGarity, McClure, Norman, Osborne, Ryals, Roberts,

Those absent 'were Messrs.-

Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, wilcox, Wade, Whitley, Williams of 25th Mr. President.

Bush, Boyd, Brand,

Long, Monro,

Story, wilson,

Mr. Harris, of the Twelfth District, chairman of the-
Committee on Journals, reported the Journal correct. It:
was then read and eonfirmed by the Senate.

On motion of Mr. Munro, so much of the Journal of yesterday was reconsidered as relates to the failure to pass the bill of the Senate making it unlawlul for municipal corporations to levy a tax or license upon any non-resident manufacturer, merchant, trader, or their travf'ling salesmen~ for selling goods, wares, and merchandise by sample within their corporate limits, and for other purposes.

Mr. Sanford submitted the following report, one hundred eopies of which were ordered printed for the use of theSenate.

Mr. President:
Your Committee on Penitentiary, hy sub-committee,. have visited and inspected the various convict camps of this State, and beg leave to submit the following reports,. to wit:
ZlR

-418

JouRXAL oF THE SENATE.

The different camps are herewith mentioned, with the special reports thereon :
Camp Richmond No. 6, in Dooly county. Camp Pitts No. 7, in Wilcox county, and Camp Kramer No.8, in Wilcox county. We made a thowugh examination of each camp mentioned above, and find No. 6 in good order, and in our opinion up to the requirements of the law. Pitts, No. 7, in like manner, except that the lessees issued to the convicts meat rations called " butts" (fat pieces of flanks and jowles), a cheap inferior kind of meat, which, in our .opinion, they should not be required to eat. .At Kramer No. 8 we found no winter clothing for the -convicts, but the Principal Keeper of this camp showed bill .of lading fi>r same, and assured committee it was no fault .of his that the goods had not arrived. There were no ~vater-closets for perhaps forty feet in one end of the sleepIng building, and those who were furthest off could not get to water-closets without waking other sleeping prisoners, by slipping all the chains together. The paid inspector of this camp probably overlooked this \'ery important and essential matter.

CAMPS Nos. 15 AND 16, LOCATED AT HEARDMOUNT AND SMITHSONIA.
We find both above camps to be in a good, cleanly con-dition, and that the convicts are provided with a sufficiency .of healthful diet, consisting of meats, breadstuffs, vegetables, condiments, and syrups. \Ve find that while the keepers of the above said camps have -DOt ..oomplied strictly with the law in the issuance of fresh meats to the -convicts, yet they have done so as nearly as the healthful condition of the convicts would allow. The convicts in these two camps ate well clothed, and we note with satis_faction the gener<~.l healthy and cleanly appearance and con-

FRIDAY, DECEMBER 7, 1894.

419

dition of the two camps, there being no sickness in Heardmount Camp and only two cases at Smithsonia.
Complaint was made by the keeper of the Heardmount camp, and other camps, calling the attention of your committee to the very bad condition of sdme of the prisoners when brought to the camps from the various chain-gangs and jails, some of said prisoners having contraeted serious venereal diseases, and others having lost portiods of their limbs while in said jails and prisons from lack of proper medical attention, and from the lack of proper protection from weather and exposure. Your committee beg to respectfully recommend that the General Assembly take such steps in the passage of som~ Act as would remedy these evils and prevent such derelictions of duty from being perpetrated on .the public. .
Your committee find. that two of the inmates of the Heardmount camp are enceinte, which is contrary to the law regulating said camps, and subjecting the keeper thereof to a fine; but your committee, after due invE>stigation, are of the opinion that such improper conduct is not due to neglect or to lax rules of the keeper of said camps, but we are informed hy him that he is of the opinion that such improper conduct is due to the guards over the said convicts, and that in all cases where such undue intimacy is observed, the guards are at once discharged.

CAMP AT COLE CITY, DADE COUNTY, AND CAMP AT CRAWFJSH 8PRINGS, WALKER COUNT)'.
We found the camp at Cole City in good sanitary condition. The con,icts are well fed, bnt we do not believe they are furnished with sufficient clothing.
If they are treated otherwise than humanely and kindly, your committeedid not observe it. As the percentage of sickness and deaths are greater at Coal City camps than any other camps, except the recruiting camp at Chattahoochee,

420

JoeRXAL OF THE SENATE.

we recommend that the Governor of the State require the Principal Keeper and the Principal Physician at the Penitentary, as early as practicable, to make an examination of the sanitary condition of said camps, and the mines wherein eaid convicts are required to work.
We found the sanitary condition of the camp at Crawfish Springs to be good, the convicts well treated, well clothed, and well fM.

CAMP ECHO, CAMP ADRIAN, CAMP NO. !1, AT AliOSKEAG, CAMP NO. 10, AT OFFERMAN, CAMP NO. 11, AT W ATERTOWN.
Your committee begs leave to state that all of the a~ove five camps were visited and inspected, and we take pleasure in commending the general good condition and management of the convicts at these cam"ps.

CAMP CHATTAHOOCHEE NO. I AND CAMP BARTOW NO.:?.
We find no fault with the general management and conduct of the lessees at Camp Chattahoochee, except that the bunks are too narrow and short for the convicts to sleep comfortably upon, and that the labor required of the convicts is a little too severe.
At Bartow Camp the convicts are well treated in every respect, fully meeting the requirements of the law.
Your committee, as a whole, find all the camps in reasonably good sanitary condition. This important matter seems to have been carefully looked after by the efficient Principal Physician, Dr. O'Daniel, whose duty it is to locate each camp, and maintain the sanitary condition of the same. At several of the camps the convicts are worked on the . Sabbath day, but this work is voluntary on the part of the convicts, and they are paid for the same. This work interferes \\;ith the religiom; services conducted on that day by the chaplain of the camp, and is a plain violation of our



FRIDAY, NovEMBER 7, 1894.

421

law. We find no literature, secular or religious, whatever,

within their reach.

As many of them can rea'.l and write, we suggest that

wholesome reading matter in some manner he furnished

them.

Your committee, in view of the fact that the legislature

of 1896 and 1897 must re-lease or make othe'r disposition of

the State convicts, presents the following facts as the result

of their investigations of the State's present lease system.

We find the total number of convicts on hand to be

2,328. Of this number 230 are classed as inefficient, or

not able to perform full manual labor.

The State received from October the first, 1893, to Octo-

ber the first, 1894, $22,5:35, and paid out for expenses

connected with the Penitentiary, $9,205, leaving as net to

the State, $14,325.

The State of Tennessee, with about. 1,500 convicts, re-

ceives annually from the lesseeb, $100,000. The salaries

/

of the State officials connected with the Penitentiary is

$6,000, leaving as net to the State, $94,000. Our Stat-e,

therefore, in comparison with Tennessee, loses annually

$140,000. We find that many of our convicts are being

sub-let at from 80 cents to $1.00 per day, showing what

value is attached to convict labor. Whether the pre~rent

policy of disposing of our convicts is wise or not, we leave

to the judgment and prudence of future Legislatures.

Th.at there should be more or less friction in managing a

large number of the very worst people of our State is to be

expected.

With the Governor and officials of our Penitentiary all

charged to see that the law is enforced, and that they are

humanely dealt with, there should be no just criticism of

our State's action towards its unfi1rtunate criminals.

Respectfully submitted.

B. W. SANFORD,

Chairman Senate Committee.

422

JOURNAL OF THE SENATE.

The following message was received from the House, through Mr. Harden, the Clerk:
Mr. President : The House has passed by the requisite majority the fol-
lowing bill of the House, to wit : A bill to p~vide for the registration of voters in tbis
State; to provide penalties for certain offences connected therewith; to make registration a condition precedent to voting, and for other purposes.

Mr. Whitley, chairman of Committee on Engrossing, submitted the following report :
Mr. President : The Committee on Engrossing have examined the follow-
ing bills and find them properly engrossed and ready to be . transmitted to the Honse of ~epresentatives, to wit:
A bill to be entiiled an act to provide for the sale of the Northeastern Railroad, and for other purposes.

Also, a bill to be entitled an act to amend section 2783 of the Code of 1882, and for other purposes.
Also, a bill to be entitled an act to prodde for thirdclass roads, and for ()ther purposes.
Al~o, a bill to be entitled an act to amend section 455 of the Code, and for other purposes.

Also, a bill to be entitled an act to amend an act entitled an act to repeal section 4618 of the Code, and for other purposes.
Also, a bill to be entitled an act to prescribe the method of changing venul! in criminal cases in the Superior Courts in this State, and for other purposes.

FRIDAY, NovEMBER 7, 1894.

423'

Also, a bill to be entitled an act to amerid section 2783 of the Code of 1882, and for other purposes.

Also, a resolution to relieve Samuel Walker, Principal~
Daniel B. Sanford, and Adolph Joseph, securities, from all liability on a bond payable to the Governor of the State~
. bearing date Jun. e 27, 1882. Respectfully submitted. T. R. WHITLKY, Chairman.

Mr. Harris, chairman of the Committee on Special Judiciary, submitted the f(,llowing report :

Mr. Hesident: The Special Judicia1y Committee have had under consid-
eration a bill of the House, by Mr. Owen of Dooly, to be entitled an act to transfer the county of Dooly from the Oconee Judicial Circuit to the Southwestern Judicial Circuit, and to fix tbe time of holding Dooly Superior Court,. and ior other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.

They have also had under consideration a bill, by Mr. Harris of the Twenty-second District, to be entitled an act to amend the charter of the Macon Savings Bank, etc., and they direct me to report the same back to the Senate, with the recommendation that it be read the second time and recommitted.

They have also had under consideratiod a bill, by Mr.

Tatum of the Forty-fourth District, to be entitled an act to

amend sections 1 and 2 of an act entitled an act to amend

an act approved December 30, 1890, and for other pur-

poses, and they direct me to report this bill back to the.

Senate, with the recommendation that it do not pass.

Respectfully submitted.

S. R. HARRIS, Chairman.

424

JOURNAL OF THE SENATE.

Mr. Harris, chairman of the Committee on General J udiciary, submitted the following report:

Mr. President:

The General Judiciary Committee have had under con-

sifleration Bill No. 84, by Mr. Harris of the Twenty-second

District, to be entitled an act to authorize and empower the

South Carolina Railroad Company to construct its railroad

from its terminus in South Carolina to some point in this

State, and for other purposes, and they direct me to report

the same back to the Senate, with the recommendation that

it do pass. Respectfully submitted.

N. E. HARRIS, Chairman.

Mr. Sharpe, chairman of the Committee on Banks, submitted the following report :
.1'Ir. President : The Committee on Banks have had under consideration
the following bill which they instruct me to report back, with the recommendation that it be read a second time and recommitted, to wit:
A bill to be entitled an act to authorize banks incorporated under the laws of this State to issue circulating notes, and for, other purposes.
Respectfully submitted. E. R. SHARPE, Chairman.
Mr: Broughton, chairman of the Committee on Agriculture, submitted the following report:
Mr. President: Your Committee on Agriculture have had under consid-
-eration the following Senate bill, which they instruct me to report back, with the recommendation that the same do pass as amended, to wit :

FRIDAY, NovEMBER 7, 1894.

425

A bill to be entitled an.act to define the rights of landlords, to vest the title to all crops grown on rented premises in the landlord until all debts due by the tenant to the landlord for rent and supplies furnished to make the crops are fully paid, and for other purposes.
Also the following Senate bill, which they instruct me to report back, wi~h the recommendation that the Senator introducing the bill he allowed to withdraw the same, to wit:
A bill to be entitled an act to make it the duty of each County Surveyor in this State to cause the corners of lots Qf land which they locate to be marked with iron or stone at the time of survey.
Respectfully submitted. WM. A. BROUGHTox, Chairman.
The Joint Committee upon the part of the House and Senate, appointed to consider the report of the Special Attorney for the Western and Atlantic Railroad Company, and such cases as the Special Attorney has ready for settlement, beg leave to submit the following report :
Jlfr. President:
The joint C(,mmittee on the part of the House and Senate to consider the report of the Special Attorney for the Western and Atlantic Railroad, and such cases as the attorney has ready filr settlement, beg to report : That they have examined into the facts and details submitted by the Governor through the Special Attorney, relating to the provisional settlements of cases connected with the \Vestern and Atlantic Railroad, effected by the Governor and Attorney General under a joint resolution of General Assembly approved December 19, 1893, in the fi>llowing cases:
Claim of ,J. l\1. Veach to seven and three-fourths (7f) acres of land, known as the Elisha King property, situatC(l at Adairsville.

426

JOURNAL OF THE SENATE.

Also, claim of Arch Howell to Presbyterian church lot at Marietta.

Also, -location of the main track and depot lot at Acworth.

The facts pertaining to each of these cases we find fully and correctly set forth in the report of the Special Attorney.

We therefore approve the provisional settlements in each of these case;>, and to fully effectuate the same we recommend the adoption of the resolution herewith submitted.

Respectfully submitted.

J. H. PITMAN,

Chairman on part of the House.

GEo. P. MuNRo,

Uhairman on part of the Senate.

Mr. Monro offeted a reso,lution ratifying certain provisional settlements, in reference to the Western and Atlantic Railroad, which, on his motion, was read the first time and ordered to be engrossed.
The bill of the Senate to authorize hanks incorporated under the laws of this State to issue circulating notes, and for other purposes, was read the second time and recommitted.
Mr. Beeks submitted a memorial for the appointment of a commission to investigate the Land Scrip Fund, and to report upon advisability of removing the Agricultural College from the University, and for other purposes.
Referred to Committee on Petitions.

Under suspension of the rules, Mr. Brown introduced the following bi II, which was read the first time and referred to the Special Judiciary Committee, to wit:

FRIDAY, NovEMBER 7, 1894.

427

A bill to amend the General Tax Act of 1892, section 2, paragraph 3, and for other purposes.
By resolution of Mr. Harris of the Third District, the Hon. Alfred Herrington, of Emanuel county, was invited to a seat in the Senate during his stay in this eity.
The Senate took up the report of the Committee on Education on the bill of the Senate to further regulate and prescribe the duties of the Boards of Visitors and Trustees. respectively, of the University of Georgia, to confer certai':l powers upon the Board of Trustees, and for other purposes.
The committee reported in favor of its passage, with an _ amendment, which was adopted, and the PeilOrt was agreed to.
The. bill was read the third time and passed as amended ; ayes 30, nays 0.
The Senate took up the repolt of the Committee on Cor-
porations on 'the bill of the Senate to amend the charter
of the city of Macon, etc., and for. other purposes.
The committee reported in favor of its passage, with certain amendments; which were adopted, and the report was agreed to.
I.
The bill was read the third time and passed as amended; ayes 32, nays 0.
The Senate, on motion, took from the table the bill of the House to amend section 1319 of the Code of 1882, so as to change the time of electing comity officers ftom the first Wednesday in January to the first Wednesday in October prec-eding, and for other purposes.
This bill was ]aid on the table on yesterday, after agreeing .to the report of the Genera] .Judiciary Committee

-128

JOURNAL OF THE SENATE.

thereon, and altSo after the bill had been read the third time.
It was this day passed by a constitutional majority ; ayes :36, nays 0.
The Senate took up the repo1t of the Special Judiciary Committee on the bill of the House to create a Board of Examiners for boiler and stationary engines for Fulton county.
The report was agreed to.
The bill was read the third time and passed ; ayes 30, nays 0.
The bill of the Senate to amend an act to amend section 3149 of the Revised Code, and for other purposes, was, on motion, recommitted.
The Senate took up the report ot the General Judiciary Committee on the bill of the Senate to repeal an act of the General Assembly to regulate the methods of pleading in the courts of this State, and fo1 other purpose!', approved December 15, 1893.
The report was agreed to.
The bill was read the third time, and on the question of its passage the ayes were :22, t.he nays were 17. The bill not having received a constitutional majority was lost.
Mr. Harris, chairman of the Committee on General J u(liciary, submitted the following report:

J.lfr. President :
The General Judiciary Committee have had under consideration House Bill No. 106, by Mr. Jones of Dougherty, to be entitled an act to provide for the payment by the county of Dougherty, to the officers of court in Dougherty county, of costs of prosecution in all cases where convicts work on

FRIDAY, DECEMBER 7, 1894.

429

the c~&-"gang of said county, andtbey direct me to report the same back to the Senate, with the recommendation that it do pass as amended.
Respectfully submitted. N. E. HARRIS, Chairman.

The following resolution, which was introduced by Mr. Osborne, was read, adopted, and ordered to be immediately sent to the House, to wit :

WHEREAS, The enrolled act of the act regulating munic-

ipal elections in Savannah, which was read the third time

in the Senate on November 23, 1894, aug passed by the re-

quisite constitutional m~jority, and read the third time in

the House November 29, 1894,and passed by the requisite

constitutional majority, and approved by the Governor De-

cember I, 1894, contains several clerical errors, to wit, in

the title of said act:



~""irst. The words "a bill to be entitled" appear in the title of said act.

Seco~d. In the tenth line of the second section the word

"or," between the words" court" and "ordinary" should be

"of," the same being written in the engtossed bill; there-

fore be it



Resolved by the Senate, the House concur-ring, That said clerical errors be, and the same are, hereby . corrected by strjking out the words "a bill to be entitled" from the title of said act, and by substituting t.he word "of" for theword "or" in the tenth line of the second section.

Resolved further, That said act be published as corrected by this resolution..

The bill of the House to establish Boards of Medical Examiners fQr the St~te of Georgia, etc., and for other purposes, was read the- second time and passed to a third reading.

-130

JOURNAL OF THE SENATE.

The bill of the House to provide for registration of voters in this State, etc., and for other purposes, was read the first time and re(erred to the General Judiciary Committee.

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

Jft. President :
The General Judiciary Committee have had under consideration a bill, by Mr. Whitley of the Thirty-sixth District, to be entitled an act to amend section 4652 of the Code, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it be read the second time nod recommitted.
Respectfully submitted. N. E. HARRIS, Chairman.

Mr. Starr introduced the following resolution which was read, adopted, :md ordered to be transmitted at once to the House, to wit:
Resolved by the Senate, tlte House of Representatives concurring, That the President of the Senate and the Speaker of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Representatives be, .and they are, hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly for the purP,ose of affixing their official signatures to all hills and resolutions passed prPvious to said adjournment, .aud they be allowed their per diem for said time.
Resolvedfurther, That the chairmen, respectively of the Enrolling Committees of the Senate and House, together with two members of each of said committees, to be designated by the chairmen thereof, b~, and they are, hereby a.uthorized to remain at the Capitol for five days after the

FRIDAY, DECEMBER 7, 1894.

431

adjournment of the General Assembly, for the purpos~ of bringing up the unfinished business of the session, and that they be allowed their per diem for said time.

The following resolution was offered by Mr. Harrison, read and agreed to :
Resolved, That the speeches of Senators on all matters before the Senate shall, from this time to the end of this session, be limited to five minutes.

On motion of Mr. McGarity, the bill of the Senate to amend the Constitution of the State as to the election of' Judges and Solicitors-General was takn up.

A majority of the General Judiciary Committee reported adversely to the passage of the bill.

A minority report in favor of its passage was- submitted to the Senate, and is spread in full on the Journal of yesterday.
Mr. McGarity mo\cd the adoption of the minority re~ port, and on this question called for the ayes and naye, which were ordered by the Senate.

t Those voting in the affirmative were Messrs.-

Brown, Craigo, .Johnson, Keen,

McGregor, McGarity, Sanford,

Snead, Sharpe, Starr.

Those voting in the negathe were Messrs.-

Beeks, Broughton, Bussey, Boyd, Brand, .Cumming, Harris of Third, Harris of Twelfth, Harris of 22d,

Harrison,_ Lewis, Long, Littlt>, . Lumpkin, McM1llan, Mercer, Monro, McClure,

Osborne, Rya:ls, Roberts, Sheppard, Upchurch, Wilcox, Wade, Whitley, Williams of 25th.

JouRNAL Ol'' rrHE SENATE.

Those not voting were Messrs.-

Bush, Mvrton, Norman,

Story, Tatum,

\Vilson, Mr. President.

Ayes 10. Nays 27.

So the motion to agree to the minority report did not prevail.

The majority report was agreed to, and being adverse to the passage of the bill, the bill was lost.

Under a suspension of the rules, Mr. Brand introduced the follo\ving bills, which were read the first time and referred to the General Judiciary Committee, to wit :

A bill to alter and ameml article 3, section 4, paragraph 3 of the Constitution of 1877, by striking therefrom the words "the same day," in the fourth line of said paragraph, and inserting in lien thereof, the words "the first Wednesday in July"; and to alter and amend article 3, section 4, paragraph 2 of .the Constitution of 1877, by striking the words "that day," and substituting therefor the words, "the first Wednesday in J nne," so as to provide for the election of the members of the General Assembly bien- t uia1ly on the first Wednesday in J nne, and the meeting of the General Assembly annually on the first Wednesday in .July; to provide the manner of submitting said proposed amendment to the people, and for other purposes.

Also, a bill to alter and amend article 3, section 4, paragraph 6 of the Constitution of 1877, by striking therefrom all of said paragraph after the number thereof and inserting in lieu thereof the words "sessions. Sessions of the General Assembly may continue longer than fifty days."
Also, to amend article 3, section 9, paragraph 1 of said Constitution, by striking therefrom all the words between

FRIDAY, DECF.MBER 7, 1894.

433

the word "the," in the first line thereof, and inserting in lieu thereof, the following: "Members of the General Assembly shall have no per diem, but each shall receive a salary of $500 for the entire time for which he was elected, and actual traveling expenses;" to provide for submission of said amendments for ratification, and for other purposes.

The bill of the Senate to amend the charter of Macon Savings Bank, etc., and for other purposes, was read the second time and recommitted.

The bill of the Senate to authorize and empower the South Carolina Railroad Company to construct its road to and into this State at some point in or near to the city of Augusta, was read the second time and passed to a third reading.

Mr. Harris of the Twelfth District, was permitted to withdraw Senate Bill No. 64, making it the duty of County Surveyors to mark the corners of lot<J surveyed by them with stone or iron.

The following bills of the House were read the second time, and passed to a third reading~ to wit :
A bill to regulate admission to the bar.
Also, a bill to transfer the county of Dooly from the Oconee to the Southwestern Judicial Circuit.

The Senate took up the report of the Committee on Education on the following bill of the House:
A bill to systematize the finances and increase the efficiency of the common schools, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 28, nays 0.
288

434


JOURNAL OF THE SENATE.

The Senate took up the report of the General Judiciary Committee on the bill of the House to change the time of holding the Superior Court of the county of Dawson, and for other purposes.
The report was agteed to.
The bill was read the third time and passed; ayes 27, nays 0.

Mr. Starr moved that when the Senate adjourn it will adjourn until 9 o'clock a.m. to-morrow.
This motion prevailed.

The senate took up the report of the Special Judiciary Committee on the bill of the House to provide compensation for the members of. the Board of. Commissioners for Colquitt County, and for the Clerk of said board.
The report was agreed to.
The bill was read the third time and passed; ayes 27, nays 0.
The Senate adjourned until 9 o'clock a. m. to-morrow.

SE.NATE CHAl\IUER, A.TLANTA, GEORGIA,
Saturday, December 8, 1894, 10 O'clock A.M.
The Senate met pursuant to adjournment, the President iu the chair.
Prayer was offered by the Hon. Mr. Brown of the Thirty-ninth District.
On the ~ll of the roll, the following Senators answered to their names :

SATURDAY, DECEMBER 8, 1894.

4:35

Broughton, Boyd, Brand, Brown, Cumming, Harris of Twelfth, Harris of 22d, Harrison, Johnson, Keen, Lewis,

Long, Lumpkin, McMillan, Mercer, McGregor, Monro, !\lorton, MeGarity, Norman, Osborne, Ryals,

Those absent were Messrs.-

Beeks,
Bush, Bussey, Craigo,

Harris of Third,
Little, McClure, Rheppard,

Roberts, Sanford, Snead,' Sharpe, Starr, Wilson, Wade, Whitley, Williams, Mr. President.
Story, Tatum, Upchurch, Wilcox.

Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

On motion of Mr. Harris of the Twenty-second District, so much of the Journ~l of yesterday was reconsidered as
relates to the action of the Senate to repE"al an act to regu-
late the methods of pleading in the courts of this State.

Mr. Lumpkin moved to reconsider the Mtion of the Senate in ~committing a' bill of the Senate to amend sec
tion 394(a) of the Code.

The motion to reconsider did not prevail.

.~

.

Mr. Long, ~hairman of the Committee on Banks, sub-

mitted the following report:

Mr. Pre8ident:
Your committee have had under consideration the following bill by Mr. Cumming of the Eighteenth District, No. 129, which they recommend do pass:

436

JOURNAl, OF THE SENATE.

A bill to authorize banks incorporated under the laws

of this State to issue circulating notes, and for other pur-

poses.

Respectfully submitted.

N. G. LoNG, Chairman.

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

Mr. President:
The General .Judiciary Committee have had uuder consideration the following House bills which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :

House Bill No. 76, by Mr. Fouche of Floyd, to be entitled an act to establish Boards of Medieal Examiners for the State of Georgia, ann for other purposes.

Also, House Bill No. 55, by Mr. Wright of Floyd, to
be entitled an act to amend section 4696(a) of the Code of 1882, a~d for other purposes.

Also, House !!ill No. 61, by Mr. Moore of Bulloch, to be entitled an,~Qf to make penal the offence of slander, and
for other purposes. Respe~tfnlly submitted. N. E. HARRis, Chairman.

The Senate took up the report of the Committee on Banks on the bill of the Senate to authorize banks incorporated under the laws of this State to issue circulating notes, aud. for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 23, nays 0.

SATURDAY, DECEMBER 8, 1894.

437

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

Mr. President:
The House has passed, by the requisite majority, the following bill of the House, to wit :
A bill to levy and collect a tax for the support of the State Government and the public institutions, for educational purposes, to pay interest on the public debt, to pay maimed Confederate soldiers and widows of ConfedP.rate soldiers, for the fiscal years of 1895 and 1896, and for other purposes therein contained.

Also a bill to require non-resident. fishermen to pay a license for the privilege of catching shad in the tide-waters of this State.

Also, a bill to amend an act i11corporating the Coweta Bank, approved. October 24, 1887, changing the name of said bank to the "People's Bank," and for other purposes.
Also, a bill to amend an act. approved December 24, 1888,. entitled an act to regulate the saTe of spirituous liquors in the counties of Montgomery and Teirair.

Also, a bill to amend an act to incorporate the Merchants' Bank of Valdosta, approved December 26, 1888.

Also, a bill to amend section 3893 of the Code.
Also, a bill to carry into effect the act am~ding paragraph 1, section 1 of article 7 of the Constitution of this State, by providing an annual pension to certain ex-Confederate soldiers, and for other p~rposes therein contained.

Also, a bill to provide for the issue of bonds by the town of Elberton, to erect water-works in said town.

438

JoURNAL OF THE SENATE

Also, a bill to authorize the running of special fruit, melon, and vegetable trains on Sunday, and for other purposes.

Also, a bill to amend sections 1, 2:5, and 9 of an act approved March 17, 1869.

Also, a bill to limit and regulate the payment of insolYent costs of the Solicitor of the City Court of Richmond county.
Also, a bill to amend an act entitled an act to limit and regulate the payment of the insolvent costs of the SolicitorGeneral of the Augusta Circuit for services in the Superior Court ot Richmond county, and for other purposes.

Also, a bill to establish a public school system for the town of Fort Gaines, and for other purpos~s.

The House has also passed the following bill of the Senate, to wit:

A bill to establish a system of Public Schools in the City of Madison in the County of Morgan, and for other pur~oses therein contained.

The Ho~se, ~as alS<? agreed to the following resolutions of the House, in which the concurrence of the Senate is a<;ked, to wit:

A resolution providing for a State exhibit at the Cotton States and International Exposition in 1895.

Also, a resolution to encourage the building of a railroad to South America.
The House has concurred in the Senate amendments to the following bills of the House, to wit:

SATURDAY, DECEMBER 8, 1894.

439

A bill to provide a Board of Cnmmissioners fi1r the county of Jones and defining their powers and duties.

Also, a bill to provide for and require "the registration of the voters in the county of Pike, and for other purposes.

The house has also concurred in the following resolution of the Senate, to wit:
A resolution appointing a Joint Committee to examine the work of the Commissioners appointed by the Governor to codify the laws of Georgia, and to report the result of their examination.

The committee on the part of the House are, Messrs. Jenk-ins, McCurry, Fouche, Pitman, and Fogarty.

Mr. Long, chairman Committee on Banks, submitted the following report :

Mr. President:
Your committee have had unde1 consideration the following bill, by Mr. Harris of the Third District, No. 127, which they recommend be read a second time and be re committed :

A bill to amend an act approved December 20, 1892, with the following caption : An act to carry into effect

paragraph 18 of section 7 of article 3 of the Constitution of 1877, as amended, in relat.ion to the chartering of banks, to provide for incorporation of bank companies by the Secretary of State, and 'for other purposes.

Respectfully submitted.

N. G. LONG, Chairman.

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

440

JouRNAL OF THE SENATE.

Mr. President :
Your Committee oti Finance have bad under consideration a bill, by Mr. Boynton of Calhoun county, which they direct me to report back to the Senate, with the recommendation that it do pass, as amended, to wit:

A bill to make appropriations for the orrlinary expenses of the Executive, Judicial, and Legislative departments of the Government, and for other purposes.

Also, the following bills, which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :
A bill to release A. F. Welborn, of Union county, as surety on penal bond of Poley Chastain, now undergoing sentence in the chain-gang.

Also, a bill to create a sinking fund to pay off and retire bonds of the State as they mature, etc.

Respectfully submitted.

E. B. LEWIS, Chairman.

Mr. Harris, of the Twenty-second District, offered the following resolution :

Thai all bills and resolutions passed this day be immediately transmitted to the House, unless notice of a motion to reconsider is given at the time of the passage of the measure.

Mr. Broughton introduced the following resolution, which was read and agred to, to wit :

WHEREAS, An Irrigation Congress, national in its scope and membership, will convene in this city in October next ; therefore,

SATURDAY, DECEMBER 8, 1894.

441

Resolved, That the use of the Senate chamber be tendered them, provided the General Assembly is not in sesion at the time.

The Senate took up the report of the General Judiciary Committee on the following bill of the Senate :

A bill to authorize and empower the South Carolina Railroad Company to construct its railroad from its ter.rilious in South Carolina to and into this State to some point in or near the city of Augusta, and through the same, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 31, nays 0.

The Senate took up the report of the General Judiciary Committee on the following bill of the House :

A bilJ.to amend section 4696(a) of the Code of 1882, etc. The report was agreed to.
The bill was read the third time, and paHSed; ayes 25, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to make penal the offence of oral defamation, to provide punishment therefor, and for other purposes.
The report was ageed to.
The bill was read the third time, and on the question of its passage there were 8 ayes, nays 21.
The bill, not having received a conRtitutional majority, was lost.

442

JouRNAJ, oF TH.E SENAn:.

The bill of the Senate, making it unlawful for municipal corporations to tax non-r-esident manufacturers, traders, or traveling salesmen, etc., was, on motion, laid on the table.

Mr. Cumming, acting chairman of Special Judiciary Committee, submitted the following report:

~Yr. Pre&ident:
The Special Judiciary Committee have had under consideration Senate Bill No. 1~6, by Senator Harris of the Twenty-second District, to amend the charter of the Macon Savings Bank, and they instruct me to report the same back, with the recommendation that the same do pass.
Respectfully submitted. BRYAN CUl\IMING, Chairman protem.

The Senate took up the repl)rt of the Committee on Agriculture on the bill of the Senate to define the right.<; of landlords, to vest the title to all crops grown on rented premises in the landlord until all debts due by the tenant to the landlord for rent and supplies furnished to make the crops are fully paid, 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 voting in the affirmative were Messrs.-

Broughton, Brand, Brown, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, Mercer, Monro Morton, McGarity, Notman, Osborne,

Ryals, Sanford, Snead, Sharpe, Wikox, Williams of 25th.

SATURDAY, DECE:&IBER 8, 1894.

443

Those voting in the negative were Messrs.-

Reeks, Bussey, Boyd, Oumming, Lewis,

Long, Lumpkin, McMillan, Roberts, Sheppard,

Starr, Upchurrh,
'Vade, Whitley.

Those not voting were Messrs.-

Bush, Craigo, Harris of Third, LittlP,

McGregor, l\IcClure, Story,

Tatum, Wilson, l\Ir. President..

There are ayes 20; there are nays 13.

The bill, QOt having received a constitutional majority,. was lo!'lt.

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

Mr. President: The House has passed by the necessary majorities the-
following House bills, to wit:
A hill to amend section 3845 of the Code, relating to payment of fees in <'riminal cases.
Also, a hill to provide penalties for certain violations of ;=-the penal law~ of this State.
Also, a bill to amend the charter of the city of Atlanta~

Also, a bill to regulate the manner of entering on thetax digest the .names of the colored tax-payers.

The House has alw adopted the following joint resolutions, in which the concurrence of the Senate is asked, towit:
A resolution looking to the equalization of the work of the Superior Court Judges of this State.

444

JouRNAL oF THE SENATE.



Also a resolution transferring a volume of Mr. J)e-

Renne's books to the Georgia Historical Society in Savan'-

nah.

Also, a resolution authorizing the State Librarian to deposit with the State U uiversity, Emory College, and Mercer University, and with the Georgia Historical Society in Savannah, one bound copy each of said De Renne Colonial Acts and Journals.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to amend the charter of the Macon Savings Bank, etc.
The report was agreed to.
The hill was read the third time and passed; ayes 28, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to exclude from the jurisdiction of the City Court of Atlanta certain cases, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 25, nays 0.
On motion of Mr. Lewis, the General Appropriation Bill of the House was made the special order for 11 o'clock, Monday next. .

The Senate'look up the report of the Committee em Corporations on the bill of the House to incorporate the town of Oakland City, in Fulton county.
The report was agreed to.
The bill was read the third time and passed ; ayes 23, nays 0.

SATURDAY, DECEMBER 8, 1894.

445

The Senate took up the report of the SpecialJudiciary Committee on the bill of the House to transfer the county of Dooly from the Oconee to the Southwestern Judicial Circuit, and to fix the time of holding Dooly Superior Court, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.

The Senate took up the report of the Special Judiciary

Committee on the bill of the House to repeal an act to

0

I

provide for and require the registrati9n of voters in Baker

county.

The report was agreed to.

The bill was read the third time and passed; ayes 25, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to establish Boards of Medical Examiners for the State Of Georgia, etc., and for other purpose!!.
The report wa!l agreed to.
The bill was read the third time and passed; ayes 28, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to abolish the County Court. of Lowndes county, etc., and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed as amended ; ayes 23, nays 0.

-446

JouRNAL OF Tin; SENA'l'E.

The Senate tllok up the report of the Committee on Education on the bill of the House to amend section 6 of an :act to establish a system of public schools in Washington, -Ga., etc.
The report was agreed to.
The bill was read the third time and passed; ayes 23,
11ays 0.

The Senate took up the report of the General Judiciary .COmmittee on the bill of the House to provide for the payment by the county of Dougherty to officers of cour( -(!OStS of prosecution in all cases where convicts work Oil the chain-gangs of the said county.

The committee reported in favor of its passage with

.amendments, which were adopted, and the report was

:agreed to.

'

The bill was read the third time and passed ; ayes 27, :nays 0.

The following messag.e was received from his Excellency the Governor, through his Secretary, Mr. Warren, to wit:

Mr. President:
I am directed by the Governor to deliver to the Senate :a sealed communication, to which be respectfully invites the consideration of your honorable body in executive .session.

The Senate took up the report of the Finance Committee -on the follo\\ing bill of the House;
A bill to appropriate the sum of five hundred dollars, or .so much thereof as may be necessary, to .pay pensions for 1894 to all maimed Confederate soldiers regularly enrolled in the Executive Department who are entitled thereto under

SATURDAY, DECEMBER 8, 1894.

447

the law and who have failed tO receive same, and for other purposes.
The report was agreed to.
The bill was read the third time, and on the question of 1ts passage the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

:Beeks, :Broughton, Bussey, Boyd, Brand, Brown, Cumming, Harris of Twelfth, Harris of 22d, Harrison, .Johnson,

Keen, Lewis, Long, Lumpkin, McMillan, Mercer, Monro, Morton, McGarity, Norman, Osborne,

Ryals, Sheppard, Sanford. Snead, Sharpe, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams.

Those not voting were Messrs.-

Bush, Craigo, Harris of Third, Little,

McGregor, l\lcClure, Roberts, . Story,

Starr, Tatum,
Mr. President.

There are ayes 33 ; there are nays 0.

So the bill was passed by a constitutional majority.

The Senate took up the report of the General Judiciary Dommittee on +be bill of the House to amend section 4041 .of the Code of 1882.
The report was agreed to.
The bill was read the third time and passed; ayes 25, nays 0.

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

448

JOURNAL OF THE SENATE.

A resolution providing for a State Exhibit at the Cotton States ~nd International Expositio~ in 1895.
Referred to Finance Committee.

Also, a resolution to encourage the building of a railroad to South America.
Referred to Committee on State of the Republic.

Also, a bill to provide for the issue of bonds by the town of Elberton, for the purpose of providing water-wot:ks.
Referred to Committee on Banks.

Also, a bill to establish a public school system for the town of Fort Gaines.
Referred to Committee on Education.

Also, a bill to amend an act to limit and regulate the . payment of costs of the Solicitors-General of the Augusta Circuit, etc., and for other purposes.
Referred to Committee on Special Judiciary.
Also, a bill to limit and regulate payments of insolvent costs of Solicitor of City .Court of Richmond county, and for oth!Jr purposes.
Referred to Special Judiciary Committee.
Also, a bill to amend sections 1, 2, 5, and 9 of an act approved March 17, 1869.
Referred to Special Judiciary Committee.
Also, a bill to authorize the removing of special fruit, melon and vegetable trains on Sunday.
Referred to Committee on Railroads.

SATURDAY, DECEMBER 8, 1894.

449

Also, a bill to carry into effect the act amending para:graph I, section 1, article 7 of the Constitution, etc.
Referred to General Judiciary Committee.

Also, a bill to amend section 3893 of the Code. Referred to General Judiciary Committee.

Also, a bill to amend the charter of the Merchants' Bank of Valdosta.
Referred to Committee on Banks.

Also, a. bill to amend an act approved December 21~
1888, tQ regulate the sale of spirituous liquors in Mont-
gomery and Telfair counties, etc.
'
Referred to Committee on Temperance.

Also, a bill to amend the charter of the Coweta Bank, etc.
Referred to Special Judiciary Committee.

Also, a bill to require non-resident fishermen to pay license for catehing shadin tide-waters.
Referred to General Judiciary Committee.

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

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

A bill to establish a system of public schools in the town
of Eastman, to levy and collect a tax for the support and maintena~;tce. of same, and for other purposes.
:.!\<

450

JouRNAL oF THE SENATE.

Also, a bill to repeal section 1496 of the Code of 1882, as amended by the act of December 12, 1892, and for other purposes.

Also, a bill to create a board to be known as the State :Memorial Board, to provide for the appointment of the members therP.of, and for other purposes.

Also, a bill to repeal section 1504 of the Code of 1882.

Also, a bill to provide for the inspection of misdemeanor convicts.

Also, a bill to provide for the issue and sale of bonds of the town of Elberton for the purpose of providing a system of electric lights for the town of Elberton.

Also, a bill to amend an act fixing the salary for the Commissioners of Roads and Revenues of Coweta county, and for other purposes.

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

Mr. P,esident:
The House has concurred in the Senate amendments to the following bills of the House, to wit :

A bill to proYide for a Board of County Commissioners for the county of Jones, and for other purposes.

Also, a bill to provide for and require the registration of all the voters- in the county of Pike, to provide penalties for the violation of the same.

Mr. Harris, chaitman of the General Judiciary Committee, made the following report :

SATURDAY, DECEMBER 8, 1894.

451

Mr. President :

The General Judiciary Committee has had under consideration House bill No. 222, to provide for a system of registration of voters in the State, which they instruct me to report back, with a recommendation that it be read a second time and recommitted.

Respectfully submitted.

N. E. HARRIS, Chairman.

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

Mr. Pres-ident:
Your committee. have had under consideration the following House bill, by Mr. Wilson of Clay; which they instruct me to report back, with the recommendation that the same do pass, to wit :

A bill to establish a public school system for the town of

Fort Gaines, and t.o appoint a Board of Education for said

town, and for other purposes.

Respectfully submitted.

W. C. BEEKS, Chairman.

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

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

A bill to incorporate the city of Cabana, and for other purposes.
Mr. Harris, chairman of the Committee on General J udiciary, submitted the following report:

452

JouRNAL OF THE SENATE.

Mr. President:
Your Committee on General ,Judiciary have had under consideration the following bill, to wit:
A bill to be entitled an act to amend s~ction 4652 of the Code, to further the proficiency of grand juries, and for other purposes, and they direct me to report the same back to the Senate, with the recommendation that it do pass.
Respectfully submitted. N. E. HARRIS, Chairman.

The following bills of the House were read the first time and referred as indicated, to wit :
A bill to provide penalties for certain violation~ of the penal laws of this State, etc., and for other purposes.
Referred to General Judiciary Committee.

Also, a bill to levy and collect a tax for the support of the State Government, etc., and for other purposes.
Referred to Committee on Finance.
Also, a bill to provide for the issue of bonds of the town of Elberton, etc.
Referred to Committee on CorporatiOns.

Also, a bill to create a board to be known as the State Memorial Board, etc., and for other purposes.
Referred to General Judiciary Committee.

Also, a bill to repeal section 1496 ofthe Code as amended by act of December 12, 1892, etc.
Referred to Committee on Banks.
Also, a bill to repeal section 1504 of the Code. Referred to General Judiciary Committee.

SATURDAY, DECEMBER 8, 1891.

45:l

Also, a bill to provide for the inspection of misdemeanor convicts.
Referred to Committee on Penitentiary.

Also, a bill to regulate the manner of entering the names of colored tax-payers on tax .digests.
Referred to General Judiciary Committee.

Also, a bill to amend the charter of Atlanta. Referred to Committee on Corporations.

Also, a bill to establish a system of public schools for Eastman, etc.
Referred to Committee on Education.

Also, a bill to amend section 3845 of the Code. Referred to General Judiciary Committee.

Also, a bill to amend an act to fix salary for the Commissioner of Roads and Revenues for Coweta county.
Referred to Special Judiciary Committee.
Also, a bill to create a sinking fund to pay off and retire the bonds of the State as they mature, etc.
Referred to Finance Committee.

Also, a bill to relieve A. F. Welborn of Union county, etc.
Referred to Finance Committee.

A resolution relating to Mr. Edward DeRenne's bequest to the State of Georgia.
Referred to Special Judiciary Committee.

454

JOURNAJ, OF THE SENATE,

Also, a resolution looking tQ the equalization of the work of the Superior Court Judges of this State.
Referred to General Judiciary Committee.

Also, a resolution about transferring a volume of Mr. DeRenne's books to the Georgia Historical Society.
Referred to Special Judiciary Committee.

Also, a resolution to encourage the building of a railroad to South America.
Referred to the Committee on State of the Republic.

Mr. Whitley, chairman of the Committee on Engrossing, submitted the following report:

1.lfr. President:
The Committee on Engrossing have examined the following bills and find them properly engrossed and ready to he transmitted to the Honse of Representatives, to wit :

A bill to be entitled an act to further regulate and prescribe the duties of the Boards of Visitors and Trustees, respectively, of the University of Georgia, and for other purposes.

Also, a bill to amend the charter of the city of Maoon, so as to confer additional power on the Mayor, and for other purposes.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Wilcox, chairman of the Committee on State of the Republic, submitted the following report :

SATURDAY, .DECEMBER 8, 1H94.

455

Mr. Pteaident :
The Committee on the State of the RRpublic have had under consideration a resolution of the House, by Mr. Middlebrook of Newton, to encourage the building'of a railroad to South America, and they direct me to report the same back to the Senate, with the recommendation that it be read the second time and recommitted.
Respectfully submitted.
GEo. K. WILcox, Chairman.

The bill of the House to incorporate Cubana City, and for other purpoEes, was read the first time and referred to th& Committee on Corporations.

The bill of the Senate to amend section -165~ of the Code, and for other purposes, was taken up under favorable report of the General Judiciary Committee.
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.

The bill of the House to provide for the registration of voters in this State, etc., and for other purposes, was read the second time and recommitted.

The bill of the Senate to amend an act to carry into effect paragraph 18, section 7 of article 3 ot the Constitution was read the second time and passed to a third reading.

A resolution of the Senate ratifying certain provisioual settlemeuts in reference to the Western and Atlantic Railroad was read the second time and passed to a third reading.

The Senate adjourned until 4 o'clock P.M.

456

JouRNAr. oF THE SENATE.

4 O'CLOCK P. M:.
The Senate met pursuant to adjournment, the President in the chair.
The roll-P-all was, on motion, dispensed with.
Mr. McGregor rose to a question of personal privilege, referring in terms of denial t{) a report referred to in the J ndiciary Committee of the Senate by the Speaker of the House, in which be (Mr. McGregor) and the President of the Senate were represented as having formed a combination to defeat the bill of the House to provide for general registration in this State and to pass a certain bill of the Senate, introduced by the President, to amend the insurance law of Georgia. He denied the truth of the rumor emphatically.
The Senate went into executive session and having spent some time therein, returned to open session.
Leave of absence was granted Mr. Norman for Monday next.
The Senate adjourned, on motion, until 10 o'clock a.m., Monday next. .

SENATE CHAMBER, ATLANTA, GEORGIA,
Monday, December 10, 1894, 10 O'clock A. H.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.
On the call of the roll, the following Senators answered to their names :

MoNDAY, DECEMBER 10, 1894.

457

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d,
.Joh~son,
Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarity, McClure, Osborne, Ryals, Roberts,

Those absent were Messrs.-

Harrison,

Norman,

Sheppar.d, Story, Sanford, Snead, Sharpe, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams of 25th, Mr. President.
Starr.

Mr. Harris, chairman of the Committee on .lournals, reported the Journal correct. It wafl then read, and con1irmed by the Senate.

On motion of Mr. Monro, so much of the Journal of yesterday was reconsidered as relates. to the bill of the Senate to define the rights of landlords to vest the title to all crops grown on rented p.remises in the landlord until all debts due by the tenant to the landlord for rent and supplies furnished to make the crops are fully paid, and for other purposes.

Mr. Roberts moved the reconsideration of so much of the Journal as relates to the bill of the House to make oral defamation. a penal offence.
The motion to reconsider was laid on the table.
Mr. Harris rose to a question of personal privilege, and reading from the Macon Telegraph certain criticism of a correi.pondeut of that paper reflecting unjustly upon the General Judiciary Committee of the Senate: pronounced the same altogether unfounded.

458

JouRNAL OJ.<' THE SENATE.

Mr. Cumming rose to a question of personal privilege in helmlf of the Speaker of the House of Representatives, defending him against certain charges made against him Saturday by the Senator from the Nineteenth District.

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

Mt. President: The House has passed the following House bills, by the
requisite constitutional majorities, to wit:
A bill to amend an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State.

Also, a bill to compel insurance companies to pay the full amount of loss sustained upon property covered by policies of insurance.

Also, a bill to amend paragraph 1, section 2 of article 8 of the Constitution of this State, providing for the election of State School Commissioner by the people.

Also, a bill to amend an act to establish a Ctty Court in the county of Clarke, to provide for the appointment of a Judge and Solicitor thereof, approved September 9, 1879, and the acts amendatory thereof.

Also, a bill to amend an act to establish a City Court in

the county of Clarke, to provide for the appointment o( a

Judge and Solicitor thereof, approved St-ptember' 9, 1879,

and the various acts amendatory thereot, so as to change

the name of said court to the City Court of Athens, and

for other purposes therein contained.



MoNDAY, DECEMBER 10, 189-l.

459

Also, a bill to authorize the town Council Of Abbeville, Ga., to issue bonds for $20,000 for building a white and colored academy in said town.

Also, a bill to amend the act approved September 2-l, 1883, incorporating the town of Bronwood m the county of Terrell, and for other purposes.
Also, a bill to prescr\be a penalty for the willful and ma-
licious setting fire to any ship, boat, barge, or Jighter, or to the goods or cargo co'ntained therein, and for other purposes.
- Also, a bill to relieve I. Haddock and R. A. Lavendar, sureties on the bond of C. W. Lavendar.

Also, a bill investing Latta M. Autrey with rights of an

adult.



Also, a bill to amend an act entitled an act to amend an act entitled an act to require the regist~ation of all voters in the counties of Floyd, McDuffie, Burke, Randolph, "Elbert, Oglethorpe, Wilkinson, Greene, Washington, Morgan, Lowndes, Emanuel, and Pulaski, etc., approved Decemeer 10, 1886, so .far as the same relates to the duties of the Ordinary of Washington county.

Also, a bill to change the time of holding the Superior Court in the county of McDuffie.

Also, a bill to amend an act to incorporate the town of Eastman, in the county of Dodge, approved December I:), 1871, and for other purposes.
Also, a bill to authorize the County School Commissioner of Coweta connty to make contracts with the Board of Education oftbe city schoots of Newnan to teach pu:..

460

JOURNAL OF THE SENATE.

pils of school age who may enter said city schools, who reside in the county of Coweta.
Also, a bill to repeal an act to ~reate a Board of Commissioners of Roads and Revenues for the county of Polk.

Also, a bill to amend section 1330 of the Code, to more clearly define the law governing contested elections for members of the General Assembly.

Also,, a bill to fix the salary of the Judge of the County Court of Bulloch county, and to provide for the payment of the same.
Also, a bill to encourage the creation and distribution of electricity, for the purpose of power, heat, and lighting, and other purposes, by street-car companies operated by electricity, and for other purposes.

Also, a bill to amend an act establishing a system of public schools for the town of Canton, approved December 20, 1893, and for other purposes.

Also, a bill to incorporate the Athens Electric Railway Company, to define its rights, powers, and privileges, and for other purposes.

Also, a bill to provide for the sale of homestead property, for reinvestment upon the application of the beneficiaries in certain cases, and for other purposes.

Also, a bill to provide for and authorize the payment of pensioll$._to certain widows of Confederate soldiers for the year 1893, and for other purposes.

Also, a bil! to amend an act incorporating the town of Temple in the county of Carroll, approved August 28, 1883, and for other pur.poses.

MoNDAY, DECEMBER 10, 1894.

461

Also, a bill to incorporate Buchanan Male and Female College, and provide a Board of Trustees. for same.

Also, a bill to require the registration of voters.in Twiggs county, an<l for other purposes.

Also, a bill to provide for the removal of all obstructions of all kinds other than dams used for operating mills or machinery in the county of Habersham, and for other purposes.

Also, a bill to amend section 4083 of the Code of 1882.
Also, a bill to amend an act to establish a publi1: school system for the town of Perry, and for other purposes.

Al80, a bill to amend an act incorporating the Barnesville Male ~nd Female High School, and for other purposes.

Also, a bill to prohibit in Chatham county the holding

of more than one office by the same person.



Also, a bill for the better collection of tax executions in this State.
Also, a bill to amend an act approved July 30, 1881, providing for sales made under and by virtut> of any ji. fa. or other process issued from the County Courts of this. State.

Also, a bill to fix the legal weight of tan-bark and declare the same.

Also, a bill to amend section 891(a) of the Code, by adding the word "geneml " before the words " execution docket" where they occur in said section.
Also, a bill to incorporate the town of Davisboro in the county of Washington, and for other purposes.

462

JOURNAL OF THE SENATE.

Also, a bill to provide for the issue and sale of bonds by the Mayor and Aldermen of the city of Milledgeville, and for other purposes.

Also, a bill to amend section 713 of the Code of 1882, and for other purposes.

Also, a bill to authorize and empower street and suburban railroad companies to generate and furnish electric light and power to consumers.
Also, a bill to amend section 3696 of the Code of this State.
Also, a bill to authorize banks incorporated under the laws of this State to issue circulating notes, and for other purposes.
Also, a bill to authorize the City of Atlanta in extending West Alabama Street to make an encroachment on the Western and Atlantic Railroad property.

Also, a bill to provide for a Bureau of Immigration in this State, and for other purposes.
Also, a bill to amend an act t~ protect game in this State .(Juring certain seasons, approved December 20, 1893.

Also, a bill to repeal so much of an act approved Octoho:Jr 3, 1885, as relates to Emanuel county, and for other. purposes.

Also, a bill to repeal an act approved October 22, 1887, prescrihing the duty of Electric Telegraph Companies as tv receiving and transmitting dispatches, and the acts amendatory thereof, and for other purposes.
Also, a bill t~ establish a system of public schools for the town of Dahlonega, and for other purposes.

Mo~DAY, DEC'EMBER 10, 189-L

463

Also, a bill to authorize the County Commissioners, or Ordinary in counties where tht-re are no commissioners, to remove obstructions put in railroad crossings, and for other purposes.
Also, a bill to amend an act to carry into effect paragraph 18, section 7 of article 3 of the Constitution as amended in relatiou to chartering banks by the Secretary of State, and for other purposes~
Also, a bill to amend section 1 of an act to incorporate the town of Clarkesvil.le, and for other purposes.

Also, a bill to amend an act approved September 28, 1889, to establish a system of public schools in Fort Valley.
Also, a bill to amend the charter of Vienna, in the county of Dooly.
Also, a bill t-o provide for the record of escrow deeds and prescribing the effect thereof.
Alt~o, a bill amending the several acts incorporating the town of Crawfordville.
The House bas also passed the following Senate bill, to wit:
A bill to require the registration of all the legal voters in the county of Screven, and for other purposes.

The House has also agreed to the following joint re!Jt>lutions, in which the concurrence of the Senate is asked, to wit:
A resolution to empower the Committee on Privileges and Elections to sit during the interval between this and the next session of the General Assembly, to fix their pay and provide for the same.

464

JouRNAL OF THE SENATE.

Also, a resolution authorizing the Governor to create a special commission to determine controversies affecting the rights and properties of the Western and Atlantic Railroad.

Also, a resolution recommending the Interstate National Guard or Volunteers for drill and inspection, to be held under the auspices and support of the Federal Government, and for other purposes.

The House has concurred m the following resolution of the Senate, to wit:
A resolution authorizing the Governor to instruct the engravers of the bonds of the State of Georgia, issued under act of 1889, to correct the errors in bonds numbers 1129 and 1824, pointed out by the State Treasurer in his annual report.
The House has also adopted the following joint resolution in which it asks the concurrence of the Senate :

A resolution appointing a joint committee of three from the House and two from the Senate to visit Augusta to investigate the canal dam on Savannah river.

The House has also concurred in the Senate amendments to the following bills of the House, to wit :

A bill to provide for the payment by the county of Dougherty, to the officers of court in Dougherty county, costs of prm;ecution in cases where convicts work on the chain-gang of said county.

Also, a bill to authorize and provide for the registration of the legal voters of Pike county, and for other purposes.
Mr. Cnmming, of the Eighteenth District, acting chairman of the Special Judiciary Committee, submitted the following report :

MONDAY, DECEMBER 10, 1894.

46.5

Mr. President :
The Special Judiciary Committee have had under consideration the following bills, which they instruct me to report back, with the recommendation that the same do pass, to wit :

House Bill No. 253, by Mr. Barnes of Richmond, limiting the payment of insolvent fees to the Solicitor of the City Court of Richmond county.

Also, House Bill No. 255, by Mr. Barnes of Richmond, limiting the payment of insolvent costs by the county of Richmond to the Solicitor-General of the Augusta Circuit.
Respectfully submitted. BRYAN CuMMING, Chairman pro tem.

Mr. Whitley, chairman of the Committee on Engrossing, submitted the following report :

..l:lr. President:
The Committee on Engrossing have examined the following bills and find them properly engrossed and ready to be transmitted to the House of Representatives, to wit:

A bill to be entitled an act to authorize banks incorporated under the laws of this State to issue circulating notes, and for other purposes.

Also, a bill to be entitled an act to amend the charter of the Macon Savings Bank, and for other purposes.

Also, a bill to be entitled an act to authorize D,nd empower the South Carolina Railroad Company to construct its railroad into Georgia, and for other purposes.
30s

466

JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to amend section 4652 of the Code, to further the proficiency of grand juries, and for other purposes.
Respectfully submitted. T. R. WHITLEY, Chairman.

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

Mr. Pre8ident: The House has passed, by the requisite constitutional
majority, the following House bill, to wit:
A bill to create a County Court for the county of Echols, and for other purpo.ses.

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

A bill to abolish the County Court of Lowndes county, and for other purposes.

The House has also passed the following Senate bilJ, to wit:
A bill to create the office of County Treasurer for Twiggs county, to provide compensation for such officer, and for other purposes.
The House has also concurred in the following Senate resolutions, to wit:

A resolution to correct clerical errors in Senate Bill No. 74.
Also, a resolution to allow the President of the Senate, and Speaker of the House of Representatives, the Secretary of the Senate and Clerk of the House of Representatives,

MONDAY, DECEMBER JO, 1894.

467

and the Chairmen, respectively, of the Enrolling and Auditing Committees of the Senate and House, together with twt> members of eaeh of said committees, to remain at the Capitol for five days after the adjournment of the General Assembly, for the purpose of closing up the unfinished business, and that they be allowed their per diem for said time.

The House has also adopted the following resolutions, in which the concurrence of the Senate is asked, to wit:
A resolution for the relief of J. W. Evans.
Also, a resolution to refund to J. H. Brown the amount paid by him for tax as liquor dealer during the year 1894.
Also, a resolution to appoiqt a committee to attend the dedication ceremonies at Chickamauga National Park.
Also, a resolution to pay Angus E. Bird and A. 0. Blalock their per diem.

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

Mr. Pre8ident:
Your Committee on Finance have had under consideration the following bill, to wit:
A bill to be entitled an act to levy and collect a tax (or the support of the State Government, and the public institutions tor educational purposes in instructing children in the elementary branches of an English education only, and for other purposes.
And they direct me to report same back to the Senate~ with the recommendation that it be read the second time and recommitted to the Finance Committee.
Respectfully submitted. E. B. LEWis, Chairman.

468

JOUR.SAL OF THE SENATE.

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

J-Ir President :

Your Committee on Finance have had under consideration the following resolution, to wit :

A resolution providing for a State exhibit at the Cott-on

States and International Exposition in 1895, and they direct

me to report the same back to the Senate, with the recom-

mendation that it be read the second time, and be recom-

mitted to the Finance Committee.

Respecfully submitted.

E. B. LEWIS, Chairman.

Mr. Bmnd, chairman of the Committee on Corporations, submitted the following report :
Mr. President :
Your Committee on Corporations have had under consideration the following bills, to wit :
A bill to be entitled an act to amend the chart.er of the city of Atlanta, by Mr. Broyles of Fulton, being House Bill No. 115.
Also, a bill to be entitled an act to incorporate Cubana City, and for other purposes, by Mr. Hopkins o Thomas, being House Bill No. 47.
Also, a bill to provide for the issue and sale of bonds of the t-own of Elberton for the purpose of providing a system of electric lights for said town, and for other purposes, by Mr. Worley of Elbert, being House Bill No. 163.
Also, a bill to provide for the issue of bonds by the town -of Elberton for the purpose of providing water-works for said town, and for other purposes, by Mr. Worley of Elbert, being House Bill No. 162.

MoNDAY, DECEMBER 10, 1894.

469

Also, a bill to be-entitled an act to incorporate the town of Newborn, in the county of Newton, and for other purposes, by Mr. Middlebrook of Newton, bei!lg House Bill No. 212.
I am directed by the committee to report the same back to the Senate, with recommendation that they be read the second time and recommitted.
Respectfully submitted. C. H. BRAND, Chairman.

Mr. Boyd, chairman of the Com.mittee..on Temperance, submitted the following report:

Mr. President:

The Temperance Committee have had under consideration House Bill No. 24, by Mr. Clements of Montgomery, to be entitled an act to amend an act, approved December 24, 1888, and which was entitled an act to regulate the sale of spirituous liquors in the counties of Montgomery and. Telfair, and to prescribe a penalty for the violation of the same, and they direct me to report the same back to the Senate, with the recommendation that it do pass.

Respectfully submitted.

M. G. BoYD, Chairman.

Mr. Beeks, chairman of Committee on Education, submitted the following report:
Mr. Pre~ide:nt :
Your committee have had under consideration the following House bill, by Mr. Jones of Dodge, which they instruct me to report back, with the recommendation that the same do pass, to wit :
A bill to establish a system of public schools for the town of Eastman, to provide a Board of Education, to

470

JOURNAL OF THE SENATE.

empower the Mayor and Council of said town to levy and collect a tax for the support of the same, and for other purposes.
Respectfully submitted. W. C. BEEKS, Chairman.

Mr. Long, chairman Committee on Banks, submitted the following report :
Mr. President:
Your committee have had under consideration the following bill by Mr. Symons of Glynn, No. 133, which they recommend do pass :
A bill to be entitled an act to repeal section 1496 of the Code of Georgia of 1882, as amended by the act of December 12, 1892, which Code section and amendatory act provide how stock in banks and other corporations may be transferred, and what notice of the transfer of stock shall be required to relieve the stockholders ofindividualliability, and for other purposes.
Respectfully submitted. N. G. LONG, Chairman.
Mr. Long, chairman of the Committee on Banks, submitted the following report :

Mr. President:
Your committee have had under consideration the following bill by Mr. West of Lowndes, No. 54, which they recommend be read a second time and re<'ommitted.
A bill to be entitled an act to amend an act to incorporate the Merchants' Bank of Valdosta, approved December 26, 1888, by striking out the word "three" in the third line of section 5, and for other purposes:

MoNDAY, DECEHBER 10, 1894.

471

Also, a bill by Mr. Hall of Coweta, No. 22, to be en-

. titled an act to amend an act incorporating the Coweta

Bank, approved October 24, 1887, so as to change the

name from the Coweta Bank to People's Bank, and for other

purposes.

Res~tfully submittted.

N. G. LoNG, Chairman.

The Senate took up the report of the Finance Committee. on the bill of the House to make appropriation for the ordinary expenses or 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 the State for each of the fiscal years 1895 and 1896, and for other purposes.
It was ordered that the foregoing bill be taken up by sections."
Section 1 was read and an amendment proposed by the committee was agreed to1 to wit:
Amend by adding the following words between the .fourteenth and fifteenth lines of section 1 : "for salary of Special Attorney Western and Atlanta Railroad, $2,000."
Section 1 was read and adopted, as amended, by the Committee.
Section 2 was read and adopted.
Section '3 was read, ~d amended by the committee as follows:
Amend by adding at the end of line 39 of section 3, the words "and one additional Assistant Doorkeeper for the Senate fur 1894, four dollars per diem."
Amend by adding to the twenty-fifth line of the third section of the printed bill the following: "The compensa-

472

JOURKAL OF THE SEKATE.

tion of the Chaplain of the Senate and- House for the session of 1894 shall be four dollars per diem each."

Amend section 3 by striking from the fortieth line the words "each one hundred," and by striking from the fortyfirst line the words "dollars for the entire session," and insert in lieu thereof the words "four dollars per diem each."

Amend section 3 by adding at the end of the forty-eighth line the following : "two additional pages in the Senate for the year 1894 two dollars per diem each:"

Section 3 was adopted as amended by the committee.

Section 4 was read and amended by the co_mmittee as follows.:

Strike out in section 4, line 7, the last word-"sixteen," and insert in lieu thereof the word, "eighteen."

And also add after the word " necessary," in the eighth

line, the words " and two thousand dollars for furniture,

furnishing, and repairing building, etc., or so much thereof

as may be necessary."

Amend by striking out the word " nineteen " in the

tenth line of the fourth section, and inserting in lieu thereof

the word " twenty-one."

.

Add to the first appropriation made to the University of

Georgia after the words "eight thousand dollars," in the

nineteenth line of the fourth section, printed bill, "also the

sum of three thousand dollars, to be used in repairing the

dormitory, the Phi Kappa and Demosthenes halls, putting

water, water-closets, and other conveniences therein, all to

be expended under the direction of the chairman of the

Prudential Committee of the Trustees."

Amend section 4 by adding after "appropriation," in

line seventy-two in said section, the following: " For the

State University for the support and maintenance of the

Middle Georgia Military .apd Agl'icultural College; a de-



MONDAY, DECEMBER 10, 1894.

47:3

partment of the University located at Milledgeville, the sum of nineteen hundred and fifty dollars."
Amend section 4 by adding "for the State University for the support an'd~aintenance of.the State Normal School at the Rock College in Athens, for training and in'ltructing teachers, the sum of ten thousand dollar:;;."
On motion of Mr. Boyd, the fourth section was aJDended as follows:
Ame.nd section 4 at the end thereof by adding the following words : "The sum of one hundred and twenty-five dollats each year for the years 1895 and 1896, or so much thereof as may. be necessary to pay the expenses of the Visiting Committee from. the General Assembly to the North Georgia Agricultural College located at Dahlonega."
The fourth section, as amended by the committee, was adopted.
The fifth section was adopted.
Section 6 was read and amended as follows: Amend line forty-two of section 6 as follows : Strike out the word "seventeen" and insert "twelve'.' iri place thereof. Add the following: "and five hundred dollars, or so much thereof as may he necessary for the purchase of new files for said court." Amend by inserting the words "or so much thereof as may he necessary" after the words "thousand dollars" in thefifty-second tine of section 6. Amend line eighteen on page 10, section 6, by striking out the word "gas" in this line and substituting the word "lights."
On motion of Mr. Mercer, the sixth section was amended by adding at the end of the twelfth line of said section the words" as provided by act of 1889."
Mr. McGarity m;,ved to amend the sixth section by striking from the thirteenth line of said section the words "$8,000 for Geological Survey."



474

JOURNAl, OF THE SENATE.

On the question of agreeing to this amendment, he demanded the ayes and nays which were ordered by the Senate.

Those voting in the affirmative were Messrs.-

Brown, Harris of Third, Johnson,

Keen, McGarity,

Snead, Sharpe,

Those voting in the negative were Messrs.-

Beeks, Broughton, Bush, BUI!IIey, Boyrl, Brand, Cumming, Harlis of Twelfth, Harris of 22d, Lewis,

Long, Little, Lumpkin, Mercer, Monro, Morton, McClure, Osborne, Ryal, Roberts,

Sheppard, Story, Sanford, Starr, Tatum, Wilson, Wilcox. Wade, Whitley. Williams,

Tnose not votipg were Messrs.-

Craigo, Harrison, McMillan,

McGregor, Norman,

Upchurch Mr. President.

There are ayes 7 ; th>re are nays 30.

So the amendment was lost.
Mr. Harrison proposed to amend section 6 by striking from the forty-eighth line the word "twenty-one," and inserting " fifteen."
On this ammtdment the ~sand nays were demanded, and ordered by the Senate.

Those voting in the affirmative were Messrs.-

Brown, Harris of Third, Harrison, Johnson,

Keen, Lumpkin, McMillan, McGarity,

~an ford, Snead, Sharpe, Tatum.

MONDAY, DECEMBER 10, 1894.

476

Those voting in the negative were Messrs.-

Beeks, Broughton, Bosh, BOBBey, Boyd, Brand, Cumming, Harris of Twelfth, Harris of 22d,

Lewis, Long, Little, Mercer, Monro, Morton, Osborne, Ryals, . Roberts,

Sheppard, Story,
~tarr,
Upchurch, Wilson, Wilcox,.. Wade, Whitley, Williams of 25th.

Those not voting were Messrs.-

Craigo, McGregor,

McClure, Norman,

Mr. President.

There are ayes 12 ; there are nays 27.

So the amendment was lost.

The committee proposed to further amend section 6 by inserting the following, to come in next after the words "Appropriation for insuring the public p'foperty ": "For organizing, arming, equipping, drilling, and training the volunteer forces of the State as provided by the act of 1889, and for purposes of administration of the several military departments of the State and to increase the mili-. tary fund, all under the direction of the Governor, the sum of $2,100."

On the adoption of this amendment, the ayes and nays were demanded and ordered by the Senate.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, BU886y, Boyd, Brand, Cumming, Harris of 22d, Lewis,

Long, Little,
Mercer, Monro, Morton,
Osborne,
Ryals,
Roberts,
Sheppard,

Story, Starr, Upchurch, Wilson, Wilcox, Wade. Whitley, Williams of 23th,

476

JouR~AL oF THE SENATE.

Those voting in the negative were Messrs.-

Harris of Third, Harris of Twelfth, HarriROn, Johnson,

Keen, Lumpkin, McMillan, McGarity,

Those not voting were Messrs.-

Brown, Craigo,

McGre~or,
McClure,

Sanford, Snt>.ad, Sharpe, Tatum,
Norman, Mr. President.

There are ayes 26; there are nays 12.

So the amendment was adopted.

On motion of Mr. Harris of the Twenty-second District~ section 6 was amended by striking from the twenty-fourth and twenty-fifth lines of the printed bill, the word "seventeen," and inserting in lieu thereof the word "twelve."

Section 6 was fuTther amended, on motion of Mr. Harris of the Twenty-second District, by adding in the seventysecond line, after the word "costs," the words "collected by him."

Amend section 6 further by inserting in the Contingent Fund the sum of $300, to the Treasurer for expenses in vi~iting the several banks of this State for 1895.

.Amend section 6 further by adding to the end thereof: "That the snm of four dollars per diem be paid to T. R. Whitley, Senator from the Twenty-sixth District, from the beginning of this session up to the time he was sworn in.

The sixth section, as amended, was adopted.

The seventh section was read and adopted.

The eighth section was read and adopted.

The ninth section was read and adopted.

The report, as amended, was adopted.

The bill was read the third time, and on the question of its passage as amended, the ayes and nays were recorded.

MoNDAY, DECEMBER 10, 1894.

477

Those voting in the-affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming,
Crai~,
Harris of Third, Harris of Twelfth, Harris of 22d, Johnson,

Keen, Lewis, Long, Little, Lumpkin, McMillan, Mercer, Monro, Morton, McGarity, McClure, Osborne, Ryals,

Those not voting were Messrs.-

Harrison, McGregor,

Norman, Upchurch,

Roberts, Sheppard, Story, Sanford, Snead, Sharpe, Starr, Tatum, Wilson, Wilcox, \Vade, Whitley, Williams of 25th.
Mr. President.

There are ayes 39; there are nays 0.

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

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

M'r. PreBident :
The General Judiciary Committee have had under consideration the following House bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit :
House Bill No.4, by Mr. Rockwell of Chatham, which is a bill to be entitled an act to amend section 1624 of the Code, so as to regulate the time of taking fish, ete.

Also House Bill No. 67, by Mr. Holland of Cobb, to be entitled an act to amend section 3893 of the Code in reference to the taking of depositions.

478

JouRNAL OF THE SENATE.

Also, House Bill No. 105, by Mr. Greer of Macon, t;o. be entitled an act to authorize County Judges to hold. court in other com1ties, etc.

Also, the following Senate bill, which they direct me to report to the Senate, with the recommendation that it do pass by substitute :

A bill, by Mr. Lumpkin of the Forty-second District, to be entitled an act to amend an act amending se<>tion 3149(a) of the Code, etc.

Also, the following House bills, which they direct me to report to the Senate; with the recommendation that they .do pass as amended, to wit :

House Bill No.5, by Mr. Rockwell of Chatham, to be entitled an act to amend section 1864 of the Code, etc.

Also, House Bill No. 230, by Mr. Hodges of Bibb, to he entitled an act to amend the act establishing the City Court of Macon, etc.
Respectfully submitted. N. E. HARRIS, Chairman.
The following bills of the House were read the first time and referred as indicated, to wit:

A bill to provide for the record of escrow deeds, and prescribing the effects thereof.
Referred to General Judiciary Committee.

Also, a bill to provide for and authorize the payment of pensions to cert.ain widows of Confederate soldiers for the year 1893, etc., and for other purposes.
Referred to Finance Committee.

MoNDAY, DECEMBER 10, 1894.

479

Also, a hill to amend section 713 of the Code of Georgia, and, for other purposes.
Referred to General Judiciary Committee.

Also, a hill to ent.'Ourage the creation and distribution of electricity for power, heat, and Jighting, and for other purposes.
Referred to Committee on Railroads.

Also, a hill to provide for the sale of homestead property for reinvestment, etc.
Referred to General Judiciary Committee.

Also, a hill to authorize the Governor to instruct the engravers of the bonds of the State of Georgia issued under act of 1889, to correct the errors in bonds 1129 and 1824 ae pointed out by the State Treasurer, in his annual report.
Referred to Finance Committee.

A resolution to appoint a committee to attend the dedication ceremonies at Chi~amauga National Park.
Referred to Committee on Military Aff'lirs.

A resolution for the relief of J. W. Evans. Referred to Finance Committee.

Also, a resolution to refund to J. H. Brown amount paid by him for tax as liquor dealer during the year 1894.
Referred to Finance Committee.

Also, a hill to amend the charter of the town of Clarkes-

ville, etc., and for other purposes.



Referred to Committee on Corporations.

-!80

JouRNAL OF THE SENATE.

Also, a bill to repeal an act to create a Board of Commissioners in the county of Clarke.
Referred to Committee on Agriculture.

Also, a hill to repeal an act approved October 22, 188:7, prescribing the duties of electric telegraph companies.
Referred to General Judiciary Committee.

A resolution allowing the Committee on Privileges and Elections to sit during the interim of the sessions.
Referred to Committee on Finance.

A resolution authorizing the Governor to create a special commission to determi-ne controversies affecting the rights of ways and properties of the Western and Atlantic Railroad.
Referred to Committee on Finance.

Also, a resolution providing for a joint commitee to visit Augusta and report on the canal dam, etc.
Referred to Special Judiciary Cfmmittee.

Also, a resolution to pay Angus M. Bird and A. 0. Blalock their per diem.
Referred to Finance Committee.

Also, a resolution recommending the Interstate National Guard or State Volunteers encampment, drill and inspection.
Refet-red to Committee on Military Affairs.

Also, a bill to repeal so much of an act, approved October 3, 1~5, as relates to Emanuel county, and in lieu thereof enact the following, to wit :

MoNDAY, DECEMBER 10, 1894.

481

An act to provide for the registration of the qualified voters of Emanuel county.
Referred to Special Judiciary Committee.

Also, a bill to provide for removal of obstructions from the rhers and creeks of Habersham county.
Referred to Special Judiciary Committee.

Also, a bill to prohibit, in Chatham county, the holding of more than one office by any person at one time, and for other purposes.
Referred to Special Judiciary Committee.
Also, a bill to amend an act to establish a public school system for the town of Perry, Ga.
Referred to Committee on Education.

Also, a bill to empower street and suburban railroad companies to generate and furnish electric light and power to consumers thereof.
Referred to Committee on Railroads.

Also, a bill to amend the act to establish a City Court in the county of Clarke, etc., and for other purposes.
Referred to Committee on Corporations.
Also, a bill to authorize banks, incorporated under the laws of this State, to issue circulating notes, and for other purposes.
Referred to Committee on Banks.

Also, a bill to amend an act to protect game in the State

of Georgia, etc., and for other purposes.

11

Referred to Special Judiciary Committee.
3ls

482

JOURNAL OF THE SENATE.

Also, a bill to prescribe a penalty for the willful and malicious setting fire to any ship, boat, barge, or lighter, etc.
Referred to General Judiciary Committee.

Also, a bill to provide for the issue and sale of bonds by

the Mayor and Alderman of the city of Milledgville, etc.,

and for other purposes.



Referred to Committee on Corporations.

Also, a hill to amend an act incorporating the Barnesville Male and Female High School, and for other purposes.
Referred to Committee on Public Schools.

Also, a bill to authorize the city of Atlanta, in extending West Alabama street, to make an encroachment on the 'Vestern and Atlantic Railroad property.
Referred to GenPral Judiciary Committee.

Also, a bill to amend the charter of the town of Vienna. Referred to Committee on Corporations.

Also, a bill to amend an act, approved September 28, 1889, entitled an act to establish a system of public schools for Fort Valley.
Referred to Committee on Education.
Also, a bill to amend an act to carry into effect paragraph 18 of section 7 of article 3 of the Constitution of 1877.
Referred to Committee on Banks.
Also, a bill to compel insurance companies to pay the full amount of loss sustained upon property covered by policies of insurance up to the amount expressed in the policies, notwithstanding any stipulations in such policies to the contrary.
Referred to General Judiciary Committee.

MONDAY, DECEMBER 10, 1894.

483

Also, a bill to amend an act, approved July 30, 1881, eniitled an act to provide for sales made under and by virtue
-of any fl..fia. or other process issued from the County Courts
-of this State.
Referred to Special J Tdiciary Committee.

Also, a bill to authorize the Town Council of Abbeville, Ga., to issue bonds for $20,000, for the purpo~ of building .a white and colored academy in said town.
Referred to Committee on Corporations.

Also, a bill to amend the charter of the town of Bronwood in Terrell county, and for other purposes.
Referred t6 Committee ~n Corporations.

Also, a bill to amend section 4083 of the Code, etc. Referred to General Judiciary Committee.

Also, a bill to incorporate Buchanan Male and Female .College, and for other purposes.
Referred to Committee on Education.

Also, a bill to amend section 891 (a) of the Code. Referred to General Judiciary Committee.

Also, a bill to amend an act entitled an act to require :and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, etc., so far as the .same relates to the Ordinary of the county of Washington.
Referred to Special Judiciary Committee.

Also, a bill investing Latta M. Autry with rights of an

.adult.

.

Referred to Special J udiciory Committee.

484

JOURNAL OF THE SENATE.

Also, a bill to amend an act to establish ~ City Court illl Clarke county.
Referred to Committee on Corporations.

Also, a bill to provide for a Bureau of Immigration in. this State, and for other purposes. .
Referred to Committee on Agriculture.

Also, a bill to establish a system of public schools in the town of Dahlonega, etc., and for other purposes.
Referred to Committee on Erlucation.

Also, a bill to amend an act incorporating the town of Temple, etc., and for other purposes.
Referred to Committee on Corporations.

Also, a bill to amend the charter of the town of Eastman, etc., and for other purposes.
Referred to Committee on Corporations.

Also, a bill to amend paragraph 1 of section 2 of article 8 of the Constitution of this State.
Referred to Committee on Public Schools.

Also, a bill to authorize the County School Commis-sioner of Coweta county to make contracts with the Board of Education of the city E>chools of Newnan, Ga., to teach pupils of school age who may enter said city schools who reside in the county of Coweta, and outside the city limits of Newnan, Ga., anrl for other purposes.
Referred to Committee on Public Schools.

Also, a bill to alter and amend the several acts incor-porating the town of Crawfordville, and for other purposes.
Referred to Special Judiciary Committee.

MoNDAY, DECEMBER 10, 1894.

48b

Also, a bill to incorporate the Athens Electric Railroad ()ompany and for other purposes.
Referred to Committee on Corporations.

Also, a bill to amend section 3696 of the Code, etc. Referred to Committee on General Judiciary.

Also, a bill for the better collection of tax executions in -this State.
Referred to General Judiciary Committee.
Also, a bill t{) change the time of holding the Superior Court of McDuffie county.
Referred to Special Judiciary Committee.

Also, a bill to relieve I. Haddock and R. A. Lavender, ,sureties on the bond of C. W. Lavender.
Referred to Finance Committee.
.Also, a bill to amend the general railroad law. Referred to Committee on Railroads.

Also, a bill to fix the legal weight of tan-bark, and to .declare the same.
Referred to General Judiciary Committee.

Also, a bill to amend section 1 of an act to incorporate ~he town of Clarkesville, etc., and for other purposes.
Referred to Committee on corporations.
Also, a bill to amend an act establishing a public school :system for the town of Canton, etc., and for other purposes.
Referred to Committee on Education.

486

JoURNAL OF THE SENATE.

Also, a bill to incorporate the town of Davisboro in the county of Washington, to grant certain powers and priv-ileges.
Referred to Committee on Corporations.

Also, a bill to require and provide for the registration of the voters in Twiggs county, and to provide for carrying the same into effect, and for other purposes.
Referred to Special Judiciary Committee.

Also, a bill to authorize Uounty Commissioners, or Ordinary in counties where there are no County Commissioners, to remove obstructions and put in order railroad crossings in certain cases.
Referred to Special Judiciary Committee.

Also, a bill to amend section 1330 of the Code. Referred to General Judiciary Committee.

Also, a bill to fix the salary of the Judge of the County Court of Bulloch county.
Referred to Special Judiciary Committee.

Also, a bill to create a County Court for the county of Echols.
Referred to Special Judiciary Committee.
Also, a bill to amend an act to regulate the business of Loan and Building Associations incorporated under the laws of this State.
Referred to General Judiciary Committee.
Mr. Sharpe, chairman of the Committee f,n Enrollment,. submitted the following report :

MONDAY, DECEMBER 10, 1894.

487

Mr. President:
The Committee on Enrollment have had under consideration the following act, which they report duly enrolled and ready for the signatures of the President and Secretary of the Senate, to wit:

An act to require and provide for the registration of all the voters in the county of Screven, to provide for carrying the same into effect, and to prescribe a punishment for illegal registering and illegal voting, and for other purposes.
Respectfully submitted. E. R. SHARPE, Chairman.

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

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

A bill to incorporate Buchanan Male and Female College, and for other purposes.

Also, a bill to amend an act establishing a system of public schools for the town of Canton, approved December 20, 1893.

Also, a bill to amend an act approved September 28, 1889, entitled an act to establish a system of public schools for Fort Valley.
Respectfully submitted.. W. C. BEEKS, Chairman.

488

JoURNAL OF THE SENATE

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

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

A bill to establish a system of public schools for the town of Dahlonega, Ga., and for other purposes.

Also, a bill to establish a public echool system for the

town of Perry, Ga., and for other purposes.

Respectfully submitted.

W. C. BEEKS, Chairman.

Mr. Snead, chairman pro tem. of the Committee on General Judiciary submitted the following report:

Mr. Pre.sident :
The General Judiciary Committee have had under consideration the following House bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit:

House bill No. 235, by Mr. Gray of Catoosa, to be entitled an act to amend section 4083 of tho Code of 1882, etc.

Also, House Bill No. 317, by Mr. Rockwell of Chatham, to be entitled an act to amend section 1330 of the Code of 1882, to define more clearly the law governing contested elections for members of the General Assembly, etc.

They also have had under consideration House Bill No. 281, by Mr. Broylss of Fulton, to be entitled an act to provide for the sale of homestead property for reinvest-

Mo~DAY, DECEMBER 10, 1894.

489

ment, etc, and they direct me to report the same back to the Senate, with the recommendation that it do not pass.
Respectfully submitted. CLAIBORNE SNEAD, Chairman pro tem.
The following message was received from the House of Representatives through Mr. Mark A. Hardin, the Clerk thereof:

Mr. President :
The House has agreed to the following joint resolution in which the concurrence of the Senate is asked, to wit:

A resolution to appoint a committee to visit the Girls' Normal and Industrial College at Milledgeville during -commencement exercises for the year 1895.
The committee on the part of the House are Messrs. West, Doolan, Polhill, Meadow and Pool.

The House has also passed the following House bill' :to wit:
A bill to amend an act to regulate the. business of Build"ing and I...oan Associations heretofore or hereafter incorporated under the laws of this State which do business -outside of the State, and for other purposes therein contained.
The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to repeal section 1496 of the Code.

Also, a bill to incorporate the Coweta Bank, etc.
Also, a bill to amend an act to incorporate the mer-chants' Bank of Valdosta, etc.

490

JOURNAl, OF THE SENATE.

Also, a bill to amend section 1624 of the Code.

Also, a hill to amend section 3893 of the Code of Georgia.
Also, a bill to amend section 1964 of the Code of Georgia.
Also, a bill to amend an act to regulate the sale of spirituous liquors in the counties of Montgomery and Telfair,. and for other purposes.
Also, a bill to establish a public school system for the town of Fort Gaines.
Also, a bill to amend an act to limit and regulate the payment of insolvent costs of the Solicitor-General of the Augusta Circuit, etc.
Also, a bill to limit and regulate the payment of the insolvent costs of the Solicitor of the City Court of Richmond county.
Also, a bill to incorporate the town of Newborn in the county of Newton.
Also, a bill to establish a system of public schools for the town of Eastman.
Mr. Wilcox introduced a bill to amend an act to incorporate the city of Helena, etc., which was read the first time and referred to the Committee on Corporations.
The Senate, on motion, adjourned until 4 o'clock p. m.

4 O'CLOCK P. M. The Senate met pursuant to adjournment. The roll-call was, on motion, dispensed with. The Senate adjourned until 8 o'clock p. m.

MoNDAY, DECEMBER 10, 1894.

491

8 O'cLOCK P. M. The Senate met pursuant to adjournment, the President pro tern. presiding.
The roll-call was, on motion, dispensed with.
Mr. Broughton submitted the following report :

Mr. Pre8ident :
Your Committee on Agriculture have had under consid-eration the following House bill, which they instruct me toreport back, with the recommendation that the same do pass, to wit :

A bill to be entitled an act to provide for a Bureau of Immigration in this State, to provide for the scope and purposes of the same, to provide for the publication and dissemination of a hand-book of the resources of this State, to provide a fmid and authorize an appropriation to meet theexpenses incident to same, and for other purposes.

Also, the following House bill, which they instruct meto report back, with the recommendation that the same beread the second time and referred to the Committee on. Special Judiciary, to wit:

A bill to be entitled an act to repeal an act entitled an, act to create a Board of Commissioners of Roads and Rev-enues in the county of Polk, and to prescribe its powersand duties, and the act amendatory thereof, and for other purposes.
Respectfully submitted.
WM. A. BHOUGHTON, Chairman.

Mr. Harris, chairman of the Committee on Special Judiciary, submitted the following report:

492

JOURNAL OF THE SENATE.

Mr. President :
The Special Judiciary Committee have under consideration the following bills of the House, which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :

House Bill No. 178, by Mr. Farmer of Coweta, to be entitled an act to amend an act to fix the salary for the Commissioners of Roads and Revenues of Coweta county, -etc., and for other purpo~s.

Also, House Bill No. 323, by Mr. Moore of Bulloch, to be entitled an act to fix the salary of the Judge of the County Court of Bulloch county, etc., and for other purposes.

Also, House Bill No. 315, by Mr. Rockwell of Chatham, to be entitled an act to authorize the County Commission-ers, or Ordinary in counties to where there are no County -Dommis..'lioners, to remove obstructions from railroad crossings, etc., .and for other purposes.

Also, House Bill No. 268, by Mr. Boyd of McDuffie, to be entitled an act to change the time of holding the Superior Court of McDuffie county, and for other purposes.

Also, House Bill No. 300, by Mr. Middlebrook of New-
ton, to be entitled an act to amend an act approved July
.30, 1881, entitled an act to provide for sales made under
.and by virtue of any fl. fa., etc.

Also, House Bill No. 325, by Mr. Johnson of Taliaferro, to be entitled an act to alter and amend the several acts incorporating the town of Crawfordville, and for other purposes.

MoNDAY, DECEMBER 10, 1894.

493-

They have also had under consideration the followingbills; which they direct me to report to the Senate, with the recommendation that they do not pass, to wit:

House Bill No. 240, by Mr. Newton of Colquitt, to be entitled an act investing Latta M. Awtry with the right of" an adult.

Also, Bill No. 130, by Mr. Brown of the Thirty-ninth District, to be entitled an act to amend the general tax act of 1892, etc.

The have also had under consideration House Bill No. 270, by Mr. Houston of DeKalb, to be entitled an act toprotect the game in the State of Georgia, etc., and they direct me to report the same back to the Senate, with therecommendation th.at it lay on the table.

They have also had under consideration the following resolutions which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :

Resolution No. 36, about transferring a volume of Mr. DeRenne's books to the Georgia Historical Society.

Also, Resolution No. 30, in reference to a collection of" valuable books bequeathed to the State of Georgia, etc.

Respectfully submitted.

S. R. HARRIS, Chairman.

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

Hr. President:
The General Judiciary Committtee have had under consideration the following bills of the House, which they di-

494

JouRNAL oF THE SENA'l'E.

rect me to report back to the Senate, with the recommendation that they do pass, to wit:

House Bill No. 294, by Mr. Holland of Cobb, to be entitled an act to repeal an act approved October 22, 1887, -etc.
Also, House Bill No. 177, by Mr. Johnson of Hall, to be entitled an act to regulate the business of building and loan associations, etc., and for other purposes.

Also, House Bill No. 326, by Mr. Hopkins of Thomas, to be entitled an act to amend section 3696 of the Code, -etc.
Also, House Bill No. 117, by Mr. Symons of Glynn, to be entitled an act to repeal section 1504 of the Code, etc.

Also, House Bill No. 86, by Mr. Gray of Catoosa, to be entitled an act to create a board to be known as the State Memorial Board, etc.

Also, House Bill No. 308, by Mr. Allen of Pickens, to be entitled an act to fix the legal weight of tan-bark and to declare the same.

Also, House Bill No. 141, by Mr. Rawlings of Washington, to be entitled an act to regulate the manner of entering on the tax digest the names of the colored taxpayers.
Also, House bill No. 226, by Mr. Rockwell of Chatham, to be entitled an act to prescribe a penalty for the willful and malicious setting fire to any ship, boat, barge, or lighter, ..or cargo contained in and upon such ship, etc..



MoNDAY, DEcEMBER 10, 1894.

495

Also, House Bill No. 312, by Mr. McMichael of Mus()Ogee, to he entitled an act to amend section 891(a) of the Code, etc.
They have also had under consideration House Bill No. 318, by Mr. Rockwell of Chatham, to he entitled an act to amend section 713 of the Code of Georgia of 188~, etc., and they direct me to report the same to the Senate, with the recommendation that it do pass as amended.

They have .also had under censideration the following bills of the House, which they direct. me to report back to the Senate, with the recommendation that they be read the second time and recommitted, to wit:

House Bill No. 137, by Mr. Dodson of Sumter, to be entitled an act to compel insurance companies to pay the full amount of loss upon property covered by policies of insurance, etc.

Also, House Bill No. 89, by Mr. Broyles of Fulton, to be entitled an act to provide for the record of escrow deeds, etc.
Also, House Bill No. 341, by Mr. Battle of Muscogee, to be entitled an act to authorize the city of Atlanta in extending West Alabama street from its present terminm, westward to make an encroachment on the Western and Atlantic Railroad property, etc.
They have also had under consideration House Bill No. 80, by Mr. Harrison of Quitman, to be entitled an act to mrry into effect the act amending paragraph 1, section 1 of article 7 of the Constitution, and they direct me to report the same back to the Senate, with the recommendation that it be read the second time, and referred to the Committee on Finance.



496

JOURNAL OF THE SENATE.

They have also had under consideration a joint resolution looking to the equalization of the work of the Superior Court Judges of this State, and they direct me to report the resolution back to the House, with the recommendation that it be concurred in.
Respectfully submitted. N. E. HARRIS, Chairman.

The Senate, on motion of Mr. Lumpkin, took up thereport of the General Judiciary Committee on the following bill of the Senate, to wit :
A bill to amend an act entitled an act to amend section 3149 of the Code of 1~82, and for other purposes.

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 tiJ.!le, December 7, 1894, and passed, as amended, by substitute, December 10, 1894; ayes 23, nays 0.
The President appointed as the committee on the part of the Senate to visit the Girls' Normal and Industrial School at Milledgeville, Messrs. Wade, Brand, and Harris of theTwenty-second District.
Mr. Boyd, chairman pro tem. of the Committee on Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing have examined the following Senate bill and find it properly engrossed and ready to be transmitted to the House of Representatives, to wit:.

MoNDAY, DEf'EMBER 10, 1894.

497

A bill to be entitled an act to amend an act entitled an :act to amend section 3149(a) of the Code, and for other purposes.
Respectfully submitted.
M.G. BoYD, Chairman pro tern.

The following bills and resolutions of the House were read the second time and passed to a third reading, to wit :
A bill to create a board to be known as the State Memorial Board.

Also, a bill to carry into effect the act amendatory of paragraph I, section 1 of article 7 of the Constitution.

Also, a bill to amend an act to fix the salary for the Commissiqners of Roads and Revenues of Coweta county, and to fix compensation of Clerk, and for other purposes.

Also, a bill to repeal section 104 of the Code.
Also, a bill to regulate the manner, of entering on the -tax digest the names of the colored tax-payers.

Also, a bill to authorize the running of special fruit, melon, and vegetable trains on Sunday.
A resolution relating to the donation of books by Mr. ~ward DeRenne.
Also, a resolution looking to the equalization of the work of Superior Court Judges.
Also, a resolution expressing the thanks of the General Assembly to Lieutenant C. B. Satterlee for his services in behalf of the military of the State, which was read and agreed to.
3:l!!

I

498

JOURNAL OF THE SENATE.

AlRo, a resolution of the Senate providing for the appointment of a Joint Committee to visit the Girls' Normal and Industrial School.

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

A bill to amend the charter of the city of Atlanta.

Also, a bill to provide for the issue of bonds by the town of Elberton for the purpose of providing water-works for said town.

Also, a bill to provide for the issue and sale of bonds oi the town of Elberton, and for other purposes.

Also, a bill to incorporate Cubana City, and for other purposes.

A resolution to encourage the building of a railroad toSouth America.
A resolution about the transfer of a volume of Mr. DeRenne's books to the Georgia Historical Society.

The Senate took up the engrossed resolution of the Senate ratifying certain provisional settlements in reference to the Western and Atlantic Railroad.
The resolution was read the third time and agreed to.

Mr. Osborne submitted the following report:

Mr. President :
The Committee on Railroads instruct me to report House Bill No. 83, authorizing the running of special fruit~ melon, and vegetable trains on Sunday, for a second read-

MoNDAY, DECEMBER 10, 1894.

499

ing, with the request that it be recommittt!d to the Committee on Railroads.
Respectfully submitted. W. W. OsBORNE, Chairman.
Mr. Sheppard, chairman of the Military Committee, submitted the following report:
Mr. President: The Military Committee having under consideration the
following resolutions, to wit: A resolution recommending the Interstate National
Guard, or Interstate Volunteer encampment, drill, and inspection.
Also, a resolution to appoint a committee to attend the dedication ceremonies at Chickamauga National Park, and authorize me to report the same back to the Senate, with the recommendation that they do pass.
Respectfully submitted. W. W. SHEPPARD, Chairman.
The Senate took up the report of the General Judiciay Committee on the bill of the House to authorize county judges to hold court in other counties than those of their residenoo.
The report was agreed to. The bill was read the third time and passed ; ayes 27, naysO. The Senate took up the report of the Finance Committtle on the bill of the House to relieve A. F. Welborn of Union county.
The report was agreed to.
The bill was read the third time and passed ; ayes 30, naysO.
The Senate, on motion, adjourned until 9 o'clock a. m. to-morrow.

500

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Tuesday, December 11, 1894, 9 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the Chaplain.

The roll-call was, on motion, dispensed with.
Mr. Harris, of the Twelfth District, chairman of the Committee on Journals, reported the Journal correct.
It was then read and confirmed by the Senate.
The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to authorize the city of Atlanta, in extending West Alabama street from the present terminus westward, to make an encroachment on the Western and Atlantic Railroad property belonging to the State of Georgia.
Also, a biB to repeal an act to create a Board of Commissioners of Roads and Revenues in the county of Polk, etc., and for other purposes.
Also, a bill to repeal an act approved October 22, 1887, prescribing th> duties of electric telegraph companies.
Also, a bill to amend section 713 of the Code.
Also, a bill to compel insurance companies to pay the full amount of loss sustained upon property covered by policies, of insurance up to the amount expressed in the policies notwithstanding any stipulations in such policies to the contrary.
Also, a bill to amend an act establishing a system of public schools for the town of Canton.

TuESDAY, DECEMBER 11, 1894.

501

Also, a bill to amend an act to establish a public school system for the town of Perry, Ga.
Also, a bill to amend an act, approved September 28; 1889, entitled an act to establish a system of public schools for Fort Valley.
Also, a bill to amend an act, approved July 30, 1881, entitled an act to provide for sales made under and by virtue
of any fl. fa. or other process issued from the County
Courts of this State.
Also, a bill to amend section 1330 of the Code of 1882.
Also, a bill to provide for the record of escrow deeds, and prescribing the effect thereof.
Also, a bill to change the time of holding the Superior Court of McDuffie county, and for other purposes.

Also, a bill to fix the salary of the Judge of the County Court of Bulloch county, etc.
Also, a bill to alter and amend the several acts incorporating the town of Crawfordville, and for other purposes.
Also, a bill to establish a system of public schools for the town of Dahlonega, and for other purposes.

Also, a bill to amend section 4083 of the Code of 1882.

Also, a bill to amend an act to regulate the business of Building and I~oan Associations, etc., and for other purposes.

Also, a bill to fix the legal weight of tan-hark and to declare the same.
Also, a bill to provide for a Bureau of Immigration in this State, etc.

502

JoURNAL OF THE SENATE.

Also, a bill to prescribe a penalty for the willful and
malicious setting fire to any ship, cask, cargo, or lighter, or
to the goods or cargo contained in and upon the same, etc.

Also, a bill to amend section 3696 of the Code of this State.

Also, a bill to amend section 891 (a) of the Code.

Also, a bill to authorize the County Commissioners, or the Ordinary in counties where there are no Commissioners, to remove obstructions and put in order railroad crossings, etc.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof, to wit:

Mr. P1esident :
The House has passed the following Senate bill, with amendment, to wit:

A bill to provide for the sale of the Northeasteru Rail-
road, and for other purposes.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report :

Mr. President :
The Committee on Corporations have had under consideration the following House bills and they direct me to report them back to the Senate, with the recommendation that they do pass as amended, to wit :

A bill, by Mr. Worley of Elbert, to be entitled an act to provide for the issue of .bonds by the town of Elberton, etc.

TUESDAY, DECEMBER 11, 1894.

503

Also, a bill, by Mr. Worley of Elbert, to be entitled an .act to provide for the issue and sale of bonds for the town of Elberton for the purpose of providing a system of electric lights, etc.

Also, a bill, by Mr. Hopkins of Thomas, to be entitled :an act to incorporate Cubana City, and for other purposes.

They have also had under consideration the following 'bill, which they direct me to report back to the Senate, with the recommendation that they do pass, to wit :

A bill,-by Mr. Middlebrook of Newton, to be entitled :an act to incorporate the town of Newborn, in the county -of Newton, and for other purposes.

They have also had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they be read the second time and reoommitted, to wit :
A bill, by Mr. Wilcox of the Fifteenth District, to be -entitled an act to amend the act incorporating the town of Helena, etc.

Also, House Bill No. 327, by Mr. Perkins of Haber;gham, to be entitled an act to amend section 1 of an act to incorporate the town of Clarkesville, etc.

Also, Honse Bill No. 316, by Mr. Rockwell of Chatham, to be entitled an act to provide for the issue and sale of bonds by the city of Milledgeville, etc.
Also, House Bill No. 202, by Mr. Dennard of Wilcox, to be entitled an act to authorize the town of Abbeville to issue bonds, etc.

504

JouRNAL oF THE SENATE.

Also, House Bill No. 280, by Mr. Jones of Dodge, tobe entitled an act to incorporate the town of Eastman in the county of Dodge, etc.
Also, House Bill No. 304, by Mr. Farmer of Coweta, to be entitled an act to authorize the County School Commissioner of Coweta county to make contracts with the Board of Education of the city schools of Newnan, etc.

Also, House Bill No. 188, by Mr. Mell of Clarke, to be entitled an act to amend an act to establish the City Court in the county of Clarke, etc.
Also, House Bill No. 275, by Mr. Spence of Carroll, to be entitled an act to amend an act incorporating the town of Temple, in the county of Carroll, etc.
Also, House Bill No. 208, by Mr. Hill of Terrell, to be entitled an act to amend an act incorporating the town of Bronwood, in the county of Terrell, etc.

Also, House Bill No. 290, by Mr. Mell of Clarke, to beentitled an act to incorporate the Athens Electric Railway Company, etc.
Also, House Bill No. 285, by Mr. Owen of Dooly, to be entitled an act to amend the charter of the town of Vienna, Ga.

Also, House Bill No. 314, by Mr. Brown ?f Washington, to be entitled an act to incorporate the town of Davisboro, in the county of Washington, etc.

Also, House Bill No. 186, by Mr. Mell of Clarke, to be

entitled an act to amend an act entitled an act to establish

a City Court in Clarke county, etc.

Respectfully submitted.

C. H. BRAND, Chairman.

TUESDAY, DECEMBER 11, 1894.

505-

'Mr. Lumpkin, chairman of the Committee on PublicSchools, submitted the following report :

Mr. Pre8ide:nt:
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 same lie on the table until next session, to wit:

.A bill to be entitled an act to amend paragraph 1 of" section 2 of article 8 of the Constitution of this State, so as to prescribe that the State School Commissioner shall be elected by the people instead of being appointed by the Governor as now required by law.
Respectfully submitted.
W. H. LuMPKIN, Chairman.

Mr. Bush moved to disagtee to the report of the committee, and on this motion the ayes and nays were de- manded and ordered by the Senate.

Those voting in the affirmative were Messrs.-

Broughton, Bush, Boyd, Brown, Craigo, Harris of Third, Harris of Twelfth, Harrison, Johnson, Keen,

Lewis, Long, Lumpkin, McMillan, McGregor, Monro McGarity, McClure, Norman,

Osborne, Ryals, Sheppard, Snead, Sharpe, Tatum, Upchurch, Wilcox, Williams of 25th.

Those voting in the negative were Messrs.-

Beeks, Bussey,. Brand, Cumming,

Harris of 22d, Littlt>, Mercer, Roberts,

Wilson, Wade, Whitley.

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JOURNAl.. OF THE SENATE

Those not voting were Messrs.-

Morton, Story,

Sanford, Starr,

Mr. President..

There are ayes 28; there are nays 11.

So the motion to disagree to the report prevailed.

Mr. Long, chairman Committee on Banks, submitted the following report:

Mr. President: Your committee have had under consideration the fol-
lowing bill by Mr. Hodges of Bibb, No. 338, which they recommend do pass :
A bill to be entitled an act to authorize banks to issue -circulating notes, and for other purposes.

A bill by Mr. West of Lowndes, No. 54, which they recommend do pass :
A bill to be entitled an act to amend an act incorporating the Merchants' Bank of Valdosta, and for other purposes.

Also, a bill by Mr. Harris, of Third District, No. 129, which they recommend do pass :
A bill to be entitled an act to amend an act approved December 20, 1892, and for other purposes.

Also, a bill by Mr. West of Lowndes, No. 322, which they recommend do not pass :
A bill to be entitled an act to amend an act to carry into -effect paragraph 18 of section 7 of article 3 of the Con.stitution of 1877, and for other purposes.

Also, a bill by Mr. Hall of Coweta, No. 22, which they recommend do not pass :

TUESDAY) DECEMBER 11, 1894.

507

A bill tl) be entitled an act to amend an act incorporating
the Coweta Bank, and for other purposes.
Respectfully submitted. N. G. LoNG, Chairman.

Mr. Harris, of the Twenty-second, chairman of the General Judiciary Committee, submitted the following report:
Mr. President:
The Gene~al Judiciary Committee have had under consideration House Bill No. 222, to provide for registration of voters in this State, and dire~t me to report the same back,.. with the recommendation that the same do pass as amended.
Respectfully submitted. N. E. HARRIS, Chairman.

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

.Mr. President:
Your Committee on Finance have had under consideration the following resolution, to wit :

A resolution to refund to J. H. Brown the amount paid

by him for tax as liquor dealer during the year 1894, and for other purposes, and they direct me to report same back to the Senate; with the recommendation that it do pass.

Respectfully submitted.

E. B. LEWIS, Chairman.

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

Mr.. Preaident : Your Committee on Finance have had under considera-

508

JouRNAl.. m THE SENATE.

tion the following bill and resolutions and they direct me to report same back to the Senate, with the recommendation that they do pass, to wit :

A bill to require the State Li?rarian to furnish Georgia Reports, Codes, and Laws to the county of Heard.

Also, a resolution providing for a State exhibit at the Cotton States and International Exposition in 1895.

Also, a resolution to empower the Committee on Privileges and Elections to sit during the interval between this session and the next session of the Legislature, etc.

Also, the following bills which they direct me to report back to the Senate, with the recommendation that they do pass, as amended, to wit:

A bill to amend paragraph 2 of section 943 of the Code of 1882, etc.

Also, a hill to levy and collect a tax for the support of the State Government and the public institutions for educational purposes in instructing children in the elementary branches of an English education only, and for other purposes.

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

A bill to provide for additional State depositories. Respectfully submitted.
E. B. LEWIS, Chairman.

TUESDAY, DECEMBER 11, 1894.

509

On motion of Mr. Brand, the Senate took up the report of the Committee on Corporations on the following bill of the House, to wit :
A bill to incorporate Cubana City, 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 2:3, nays 0.

This bill was ordered to be transmitted at once to the House.
The Senate, ori motion, took up the report of the Committee on Corporations on the following bill of the House, to wit:

A bill to provide for the issue of bonds by the town of Elberton, etc.
The committee rsported in favor of its passage, with amendments which were adopted, and the report was agreP.d to.
The bill was reed the third time and passed as amended; ayes 24, nays 0.
This bill was ordered to be transmitted to the House.

The following message was received from his Excellency, the Governor, through Mr. Calloway, his Private Secretary:

Mr. Pre8id('fl1.t:
The Governor has approved the following act of the Gen,.. eral Assembly, to wit:

610

JOURNAL OF THE SENATE.

An act to provide for and require the registration' of all voters in the county of Screven, to provide for carrying the same into effect, and to prescribe a punishment for illegal registering and illegal voting, and for other purpoself.

The Senate took up the report of the Com mittel on Corporations on the bill of the House to provide for the iss'ue and sale of bonds of the town of Elberton fot the purpose of providing a system of electric lights for said town.

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 23, nays 0.

Mr. Harris, chairman of the Committee on Special Judiciary, submitted the following report :

Mr. President:
The Special Judiciary Committee have bad under consideration the following House bills which they direct me to report back to the Senate, with the recommendation that they do pass, to wit:
House Bill No. 252, by Mr. Perkins of Habersham, to be entitled an act to provide for the removal of obstructions of all kinds other than dams used for operating mills or machinery of any kind from the riverR and creeks and other running streams in Habersham county, etc.
Also, House Bill No. 292, by Mr. Coleman of Emanuel, to be entitled an act to repeal so. much of an act approved October 3, 1886, as relates to Emanuel county, and in lieu thereof enact the following, to wit: An act to provide for the registration of the qualified voters of Emanuel county.

TUESDAY, DECEMBER 11, 1894.

511

AlsO, House Bill No. 249, by Mr. Traylor of Harris, t.() be entitled an act to amend sections 1, 2, 5, and 9 of an act approved March 17, 1869.
Also, House Bill No. 219, by Mr. Doolan of Chatham, to be entitled an act to prohibit in Chatham county the holding of more than one office by one person at any one time, and for other purposes.

They have also had under consideration the following

resolution to appoint a Joint Committee of three from the

House and two from the Senate to visit Augusta, Ga., and

investigate the canal dam at Augusta on the Savanna river,

and they direct me to report the same back to the Senate,

with the recommendation that it be concurred it.

Respectfully submitted.

S. R. HARRIS, Chair~an.

On motion of Mr. Cumming, the general registration bill of the House was made a special order for 4 o'clock p. m.

The following bills of the House were read the second time t\fld passed to a third reading, to wit :

A biJI to amend paragraph 1 of section 2 of article 8 of the Constitution of this State.
Also, a bill to provide for the issue and sale of bonds by the Mayor and Aldermen of the city of Milledgeville on the conditions and terms and for the purposes therein named.

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

Mr. Preside-nt:
The House has passed, by the requisite constitutional majority, the following House hill, to wit :

-512

JOURNAL OF THE SENATE.

A bill to amend section 1291 of the Code of 1882, by inserting after the word "peace," in the third line of said ,gection, ,the words "or .Notaries Public," and for other purposes.

The Senate took up the report of the Finance Committee -on the resolution of the Hou~e providing for a State exhibit at the Cotton States and International Exposition in 1895.
The report, which was favorable, was agreed to.
The resolution was read the third time, and on the question of concurring therewith, the ayes and nays were reCorded .

. Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, ..Cumming, Craigo, Harris of 22d, Lewis,

Long, Little, Mercer, Monro, Murton, McClure, Norman, Osborne, Ryals, Roberts,

Sheppard, Sanford, Star.r, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams of 25th..

Those voting in the negathe were Messrs.-

Brown, Harris of Third,
Harris of Twelfth, Harrison,

Johnson, Keen, Lumpkin, McMillan,

McGregor, McGarity, Snead, Sharpe.

Those not voting were Messrs.-

Story,

Mr. President.

Ayes 30. Nays 12.

So the resolution was concurred in by a constitutional majority.

Mr. Harris, chairman of the Committee on General Ju-diciary, submitted the following report:

TlJESDAY, DECEMBER 11, 1894.

513

Mr. President :
The General Judiciary Committee have had under consideration House Bill No. 281, by Mr. Broyles of Fulton, to be entitled an act to provide for the !!ale of homestead property for reimestment, etc., and for other purposes, and they direct me to report the same to the Senate, with the :recommendation that it be read the second time and re-committed.
RespectfulJy submitted. N. E. HARRIS, Chairman.

Mr. Brand, chairman of the Committee on Corporations, submitted the folJowing report :
Mr. President:
The Committee on Corporations have had under consid-eration House Bill No. 115, by Mr. Broyles of Fulton, to be entitled an act to amend the charter of the city of Atlanta and they direct me to report the same to the Senate with the recommendation that it do pass.
Respectfully submitted. C. H. BRAND, Chairman.
Mr. Sharpe, chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your committee have had under consideration the following Senate acts and resolutions which they instruct me to report as duly enrolled and ready for the signatures of the President and Secretary of the Senate, to wit :
An act to establish a system of public schools for the city of Madison, Morgan county, Geor~ia, and for other purposes.
83s

514

JOURNAL OF THE SENATE.

Also, an act to create the office of County Treasurer of Twiggs county.

Also the following resolutions :

A resolution to correct clerical errors m Senate BiB No. 74.

Also, a resolution authorizing the Governor to instruct the engravers of the bonds of the State of Georgia issued under the act of 1889 to correct the errors in bonds Nos. 1129 and 1824 as pointed out by the State Treasurer in his annual report.

Also, a resolution to authorize the President of the Senate and Speaker of the House of Representatives, the Secretary of the Senate and the Clerk of the House of Representatives, the chairmen of the Enrolling and Auditing Committees of the Senate and House, and two members of each of said committees, to remain at the Capitol five days after adjournment, to bring up the unfinished business of the session.
Respeetfully submitted.
EDWIN R. SHARPE, Chairman.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend au act to establish the City Court of Macon, in and for the county of Bibb, etc., and for other purposes, approved August 14, 1885.
The committee reported in favor of its passage, with ' amendments which were adopted, and the report of the committee was agreed to.
The bill was read the third time and passed as ameniled ; ayes 27, nays 0.

TUESDAY, DECEMBER 11, 1894.

515

The Senate took up the report of the Finance Committee on the bill of the House to be entitled an act to levy and collect a taxfor the support of the State government and the public institutions, etc., and for other purposes.
The biH was, on motion of Mr. Lewis, taken up by sections.
Section 1 was read and adopte(l.
Section 2 was read and amended as follows :
Amend by inserting a paragraph to be known as number 19, as follows: "Upon all packing-houses or dealers doing business in this State, whether carried on by the owners thereof or by their agents, five hundred dollars in each county where said business is carried on."
Amend section 2 further by striking out paragraph 19.
Amend section 2 further by inserting in sixteenth paragraph, third line, after the words "shooting cartridges," the words "pistol or rifle cartridges."
Amend section 2 further in seventh paragraph, in second line, by im;erting after the word "alley" the words "or alley."
On motion of Mr. Tatum, the second section as amended was amended as follows : amend the amendment to section 2 by adding the word "dealers" after the word "or" in the first line of paragraph 22.
Section 2 was adopted as amended.
Section 3 was read and amended as follows: amend section 3 by adding "twenty-five" after the word "twentyfour," in the thirteenth line.
Section 3 was adopted as amended.
Section 4 was read and amended as follows : amend section 4 by adding to the fifth line the word "twenty-five"

516

JOURNAL OF THE SENATE.

after the word "twenty-four." A.mend further by adding the word "twenty-five" after the word "twenty-four," in line fourteen of said section.
Section 4 was adopted as amended.
Section 5 was read and amended as follows: amend section 5 by inserting the word "fire" after the word "assessment," in the eleventh line thereof.
Amend section 5 further by adding after the word "companies" and word "deny," in the fourth line, the following: "or insurance brokers placing insurance on property in this State."
Section 5 was adopted as amended.
Section 6 was read and adopted.
Section 7 was read and adopted.
Section 9 wa." read and amended as follows : amend section 9 by adding between the word "agent'' and .word "during," in second line, the words "or insurance brokers or firm of brokers."
Section 9 was adopted as amended.
Section 10 was read and adopted.
Section 11 was read and adopted.
Section 12 was read and adopted.
Section 13 was read and adopted.
Section 14 was read and adopted.
Section 15 was read and amended as follows, on motion of Mr. Brand: amend section 15 by adding after the word "sold" in the sixty-ninth line, the following : "provided, that parties engaged in the manufacture of spirituous or malt liquors, under license by the government, who are prohibited by any local law from selling the same in the

TuESDAY, DECEMBER 11, 1894.

517

county where manufactured, shall not be subject to this tax unless they carry on the business of retailing or wholesaling such spirituous or malt liquors, in some other county where the sale is not prohibited."

Section 15 was adopted as amended. Section 16 was read and adopted. Section 17 was read and adopted.

Section 18 was read and adopted, as follows : amend section 18 by striking the word "and" in the first line between the words "persons" and "Confederate" and beginning after the word "soldiers" in second line, insert the following : "and all other persons so deformed by nature as to render them unfit for manual labor be relieved, etc.
Section 18 was adopted as amended.
Section 19 was adopted.
Section 20 was adopted.
The report of the committee, as amended, was agreed to. The bill was read the third time a~d passed as amended ; ayes 34, nays 0.
On motion of Mr. Lewis, the amendments of the House to the bill of the Senate, to provide for the sale of the Northeastern Railroad were taken up and concurred in.

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

A bill to provide for the sale of homestead property for reinvestment.
Also, a bill to amend paragraph 2 of section 943 of the Code of 18~2.

518

JOURNAL OF THE SENATE.

Also, a bill to authorize the Town Council of Abbeville to issue bonds, etc.
Also, a bill to amend an act to incorporate the town of Eastman, etc.
Also, a bill to amend section 1291 of the Code.

Also, a bill to amend an act to carry into effect paragraph 18, of section 7 of article 3 of the Constitution.

Also, a bill to authorize the County School Commissioner of Coweta county to make contracts with the Board of Education of the city schools of Newnan, to teach pupils of school age who may enter safd city schools, etc., and for other purposes.
Also, a bill to amend the charter of the town of Bronwood.
Also, a bill to incorporate the Athens' Electric Railroad Company.
Also, a bill to prohibit in Chatham county the holding of more than one office by one person at any one time, and for other purposes.
Also, a bill to provide for removal of obstructions, etc. in the running streams of Habersham county.

Also, a bill to amend an act incorporating the town of Temple.

Also, a bill to amend an act to protect game in the.State ofGeorgia, etc.
Also, a bill to amend sections I, 2, 5, and 9 of an act approved March 7, 1869, to create a board of Commissioners of Roads and Revenue in the county of Harris.

TUESDAY, DECEMBER 11, 1894.

519

Also, a bill to amend an act to establish a City Court in Clarke county, etc., and for other purposes.

Also, a bill to repeal so much of the act approved October ;3, 1885, as relates to Emanuel county, and in lieu thereof enact the following, to wit:

An act to provide for the registration of the qualified voters of Emanuel county.

Also, a bill to require the State Librarian to furnish Georgia Reports, Codes, and Laws to the county of Heard.

Also, a bill to incorporate the town of Davisboro.

Also, a bill to amend the charter of the town of Clarkesville, etc.

Also, a bill to amend the charter of the town of Vienna.

Also, a bill to authorize banks incorporated under the laws of this State to issue circulating notes, and for other purposes.

Also, a bilJ to amend an act to establish a City Court in the county of Clarke.

A resolution to appoint a joint committee of three from the House and two from the Senate to visit Augusta, Ga., .and inveRtiga.te the canal dam, etc.

Also a resolution to refund to J. H. Brown the amount paid by him for tax as liquor dealer during the year 1894.

Also, a resolution authorizing the Committee on Privileges and Elections "to sit during the intervals of the ses.sions.

520

JouRNAL OF THE SENATE.

A Senate bill to amend the act incorporating the city of Helena, was read the second time, and passed to a third reading.

The Senate took up the report of the Committee on Banks, on the bill of the Senate to amend an act approved December 20, 1872, with the following caption: "An act to carry into effect paragraph 18 of section 7 of article 3 of the Constitution, as amended, in relation to the chartering of banks," etc.
The report was agreed to.
The bill was read the third time, and passed, ayes 27,. nays 0.

Mr. Venable offered a resolution authorizing the Commissioner of Agriculture to aid in collecting the State exhibit, which was agreed to, and ordered to be at once transmitted to the House.

The Senate took up the report of the Committee on Education on the bill of the House to establish a system of public schools for the town of Eastman, etc.
The report was agreed to.
The bill was read the third time and passed.
The Senate took" up the report of the Special Judiciary Committee, on the resolution of the House, about transferring a volume of Mr. DeRenne's books to the Georgia Historical Society in Savannah.
The report was agreed to.
The resolution was read the third time, and concurred in, ayes 25, nays 0.

TuESDAY, DECEMBER 11, 1894.

521

The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incor-porate the Merchants' Bank of Valdosta.
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 following bill of the House, to wit :

Also, a bill to amend the charter of the Coweta Bank.

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

The Senate took up the report of the Committee on Military Affairs on the following resolution of the House, to wit:
Resolution recommending the Interstate National Guardor State Volunteers' encampment, drill, and inspection.
The same was read and concurred in.

The Senate took up the report of the Special Judiciary Committee on the following resolution of the House, tcr wit:

A resolution relating to the bequest to the State of Georgia by Edward DeRenne.
The report was agreed to.
The resolution was read the third time and concurred in;.. ayes 25, nays 0.

The Senate took up the report of the Special ,Judiciary Committee on the bill of the House to amend an act t;o.

.522

JOURNAL OF THE SENATE

limit and regulate the payment of insolvent costs to the Solicitor-General of the Augusta Circuit, and for other purposes.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bil1 of the House to limit and regulate the payment of the insolvent costs of the Solicitor of the City Court of Richmond county, etc.
The report was agreed to.
The bill was read the third time and passed ; ayes 34, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to create a board to be known as the State Memorial Board, etc.
The report was agreed to.
The bill was read the third time and passed; ayes 26, nays 0.
The Senate took up the report of the Committee on Military Affairs on the resolution of the House to appoint .a committee to attend the dedication services at Chickamauga National Park.
The report was agreed to.
The resolution was read the third time and concurred in.
The Senate took up the report of the General Judiciary Committee on the bill of the House to regulate the manner -of entering on the tax digests the names of the colored taxpayers.
The report was agreed to.

TU.ESDAY, DECEMBER 11, 1894.

523

The bill was read the third time and passed ; ayes 25, nays 0.

The Senate took up the report of the Committee on Corations on the bill of the House to amend the charter of the dty of Atlanta.
The report was agreed to.
The bill wa~ read the third time and passed; ayes 29, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Newborn in Newton county.
The report was agreed to.
The bill was read the third time and passed; ayes 25, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to repeal section 1504 of the Code, etc.
The report was agreed to.
The bill was read the third time and passed; ayes 29, nays 1.

The Senate took up the report of the Committee on Finance on the bill of the House to create a sinking fund
to pay off and retire bonds of the State as they mature, etc.
The report was agreed to.
The bill was read the third time and passed ; ayes 23, nays 0.

The Senate took up the report of the General Judiciary Committee on the following resolution of the House, to wit:

524

JOURNAL OF THE SENATE.

Resolution looking to the equalization of the work of the Superior Court Judges of this State.
The report was agreed to.
The resolution was read the third time and concurred in.

The Senate, on motion, adjourned until 3:30 o'clock p. m.

3:30 O'cwcK P. M.
The Senate met pursuant to adjournment, the President in the chair.
The roll-call was dispensed with.
The following message was received from the House of Representative, through Mr. Hardin, the Clerk thereof:
Mr. Preside:nt:
The House bas taken action upon the amendments proposed by the Senate to the following House bill, to wit :
A bill to make appropriations for the ordinary expenses of the executive, judicial, and legislative departments of the Government ; payment of the public debt and the interest thereon, and for the support of the public institutions and educational interests of the State for each of the years of 1895 and 1896.
The House has concurred in the following amendments, to wit:
Amendments numbers 1,4, 7, 10, 12, 14, 15!, 16, 17, 18.
The House has amended the following amendment of the Senate and asks the concurrence of the Senate therein, to wit:
.Amendment No.2:

TUESDAY, DECEMBER 11, 1894.

525

Providing pe:r diem to Senator Whitley, by also providing per diem from the first of the session for A. 0. Blalock of Fayette, and A. E. Bird of Effingham, members of the House.

The House refuses to concur in the foJlowing amendments of the Senate, to wit :

Amendments Nos. 3, 4, 5, 6, 8, 9, 11, 13, 15, and 19.

The House has also concurred in the Senate amendments to the following bills of the House, to wit :

A bill to amend an act to establish the City Court of Macon, in the county of Bibb, and for other purposes therein contained, approved August 14, 1885.

Also, a bill to provide for the issue of bonds by the town of Elberton to provide water-works for said town.

Also, a bill to incorporate Cubana City in the county of Thomas.
Also, a bill to provide for the issue and sale of bonds of the town of Elberton to provide a system of electric lights in:said town, and for other purposes.
Mr. Lumpkin, chairman of the Committee on Public Schools, submitted the following report:
Mr. Pr~dent:
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 same do pass, to wit:

526

JouRNAL oF THE SENATE.

A bill to be entitled an act to amend an act to incorporate the Barnesville Male and Female High School, and to appoint trustees for the same, and for other purposes.
ReRpectfully submitted. W. H. LuMPKIN, Chairman.

The bill mentioned in the foregoing report was read the second time and passed to a third reading.
The President announced the following committee on the part of the House: MessrR. Osborne, Mercer, Lewis, Monro, Brand, Harri..; of the Twenty-second District, McGarity, Broughton, Brown, Snead, Harris of the Third District.

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

Hr. President:
Your committee have had under consideration the following bills of the Honse, which they report back to the Senate, with the recommendation th~t the same do pass, to wit:

A bill to be entitled an act to authorize and empower

street and suburban railroad companies to generate and fur-

nish, for reasonable compensation, electric light and power

to consumers thereof.



Also, a bill to amend the general railroad law.

Also, a bill to be entitled an act to authorize the railroads in this State to run on Sunday special trains of cars, and for other purposes.
Respectfully submitted. W. W. OsBORNE, Chairman.

TuESDAY, DECEMBER 11, 1894.

527

The President appointed as the committee on the part of the Senate, under a resolution of the House to equalize the labors of Judges of the Superior Courts, Messrs. Bussey and Roberts.

The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to authorize the running of special fruit, melon, and vegetable trains on Sunday on the railroads in this State.
Also, a bill to authorize and empower street and suburban railroad companies to generate and furnish, for a reasonable compensation, electric light and power to consumers thereof.
Also, a bill to amend the general railroad laws.

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

Mr. President :
The General Judiciary Committee have had under consideration House Bill No. 281, by Mr. Broyles of Fulton, to be entitled an act to provide for the sale of homestead property for reinvestment upon the application of the beneficiaries in certain cases, et~., and for other purposes, and they direct me to report the s2-me back to the Senate, with the recommendation that it do pass by substitute.

Also, House Bill No. 89, by Mr. Broyles of Fulton, to be entitled an act to prescribe for the record of escrow deeds, etc., and they direct me to report the same back to the Senate, with the recommendation that it do pass.

Also, House Bill No. 201, by Mr. Armstrong of Wilkes, to be entitled act for the better collection of tax executions

...528

JouRNAL OF THE SENATE.

in this State, and they direct me to report the bill to the

;Senate, with the recommendation that it be read the second

time and recommitted.

Respectfully submitted.

N. E. HARRIS, Chairman.

The bill mentioned in the foregoing report was read the second time and recommitted.

On motion of Mr. Lewis, the general tax act was made the special order for 10 o'clock a. m. to-morrow.

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

Mr. Pre8ident:
Your Committee on Finance have had under consideration the following bills and resolutions, and they direct me to report the same back to the Senate, with the recommendation that they be read the second time and be recommitted to the Finance Committee, to wit:

A bill to provide for and authorize the payment of pen.sions to certain widows of Confederate soldiers, and for other purposes.
Also, a bill to relieve I. Haddock and R. A. Lavender, !'lureties on the bond of C. W. Lavender.

Also, a resolution authorizing the Governor to create a .Special Commission to determine controversies affecting the rights, ways, and properties of the Western and Atlantic Railroad.
Also, a resolution to pay Angus E. Bird and A. 0. Blalock, their per diem.
Also, a resolution for relief of J. W. Evans. Respectfully submitted.
E. B. LEWIS, Chairman.

TuESDAY, DECEMBER 11, 1g94.

529

At the hour of 4 o'oclock p. m. the Senate took up the report of the General Judiciary Committee on the hill of the House to provide for the registration of voters in this State, to prescribe penalties of certain offences connected therewith, to make registration a condition precedent t.o voting, to define certain duties of managers of elections in -connection with the registration lists, and for other purposes.

The hill was, on motion, taken up by sections.

Section 1 was read and adopted.

Section 2 was read and amended as follow : Amend after

the word street, in the thirty-first line, " my age is - - -

my occupation is

"

Section 2 was adopted as amended.

Section 3 was read and amended as follows: Insert after the word "any," and before the word "in," in the flixteenth line of said section, the words " his age and occupation," said words being a part of the parenthesis.

Strike from the thirty-fifth, thirty-sixth, thirty-seventh, thirty-eighth, and thirty-ninth lines of said section the following words: "Upon request of the applicant, the officer in charge of the book shall read or repeat said oath distinctly to the applicant, and."

The third section. was further amended, on motion of Mr. Osborne, by adding at the end of said section the following



proviso : "provided, that no tax-collector shall allow any

person to sign his name in the voters' book unless he is sat-

isfied at the time that the taxes due by said voter are paid,

and that he is otherwise qualified."

Section 3 was adopted as amended.
348

530

JouRNAL oF THE SENATE.

Section 4 was read and amended as follows : amend section 4 by striking, in lines fourteen and fifteen, the word "six," and insert in lieu thereof the word "four."
Amend section 4 by striking out the word "forty-five," in the eighth and nineteenth lines thereof, and inserting in lieu thereof the worcl. "fifty."
Section 4 was adopted as amended.
Section 5 was read and amended as follows : Amend by adding at the end of the fifth section the following : " his age, occupation, and residence."
Section 5 was adopted as amended.

Section 6 was read and amended as follows: Amend section 6 by adding "and Tax-Collector" after the word "registrars" in seventh line of said section.

Section 6 was adopted as amended.

Section 7 was read and amended as follows: Amend

section 7 by striking all after the word "enacted," in the

first line and before the word " before" in the thirty-fourth

line thereof, and in lien thereof insert the following:

"within thirty days after January 1, 1895, and biennally

thereafter, the Judge of the Superior Court in each county

shall appoint three upright and intelligent citizens of said

county as County Registrars of said county and have

the appointment entered on the minutes of the court.



Said appointment shall be for a term of two years and until their successors are appointed and qualified.

The said Judge shall have the right, however, to remove

the said registrars at any time, in his discretion, with or

without cause, and at once appoint a successor; provided,

however, that said Judges shall not appoint all the Regis-

trars from any one conflicting political interest or party,

and if, at any time, it shall appear that all the Registrars

TUESDAY, DECEMBER 11, 1894.

531

are from one conflicting political interest or party, then one of said Registrars shall at once be removed and a successor appointed so as to maintain a bi-partisan board.

Section 7 was adopted as amended.
Section 8 was read and amended, as follows : Amend by adding after the word "voters," in the twenty-third line, the words "said list to show the age, occupation, and residence ofsaid voters."
Amend further by inserting between the word " therefrom," in the fifty-eighth line, and before the word" the," in the fifty-ninth line of said section, the following words : "provided, howet~, that any person who, after application, was unlawfully denied the right to sign the voters' hook, may have his name placed upon the list of registered voters upon satisfactory showing made to the registrars that he is entitled to be registered."
Amend section 8 further by inserting the words "legal and" between the words "sufficient proof," wherever said words occur.
Section 8 was adopted as amended.
Section 9 was read and amended as follows : Amend section 9 by inserting after the word. "sitnated," in the fifteenth line thereof, and before the word "and," in said line "said list to contain all the information hereinbefore provided for."
Section 9 was adopted as amended.
Section 10 was read and adopted.
Section II was read and adopted.
Section 12 was read and adopted.
Section 13 was read and adopted.
Section 14 was read and adoptPd.

532

JOURNAL OF THE SENATE.

Section 15 was read and amended as follows: Amend by striking out .all of said section after the word "enacted," in line two, and before the words "the tax-collector," in line fifty-two of said section.
Amend further by inserting "that" before the words "the tax-collector" in line fifty-two.
Amend section 15, further by adding at the end thereof, the following : ''whenever separate printed oaths are so used, there shall be added to the oaths the following :
"1, do further swear that since 1877, I have resided in the following counties in this State."
Section was adopted as amended.
Section 16 was read and adopted.
Section 17 was read and adopted.
Section 13 was amended, on motion of Mr. Harris, of the Twenty-second District, by adding to same in the blank line after the words "the registered voters," the following : "or who shall vote without having signed the oath, provided by the tax-collector in the voters' book hereinbefore set forth," unless his name shall have been entered on the list of legal voters as herein provide?.
Section 8 was further amended, on motion of Mr Monro, as follows:

"If the name of any person appears in the voters' books whose right to have his name placed upon the list of registered voters is questioned by the Registrars, said Registrars shall give said person at least one day's notice of the time . and place of hearing the question, which notice shall be in writing and Aerved upon said person either personally or by leaving the same at his most notorious place of abode."
The report, as amended, was a,greed to.

TUESDAY, DECEMBER 11, 1894.

533

The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Brand, Brown, Cumming, Craigo, Hart"is of Twelfth, Harris of 22d, Harrison, Johnson,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, Monro, Morton, McGarity, Norman, Ryals, Roberts,

Sheppard, Story, Sanford, Sharpe, Starr, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams.

Those voting in the negative were Messrs.-

Boyd, Keen, McGregor,

McClure, Osborne, Snead,

Those not voting were Messrs.-

Tatum.

Harris of Third,

Mr. President.

There are aye~ 35 ; there are nays 7.

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

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

Mr. President :
The Special Judiciary Committee have had under consideration House Bill No. 311, by Mr. Fullwood of Polk, to be entitled an act to repeal act to create a Board of Commis~ioners of Roads and Revenues for the county of Polk, etc., and they instruct me to report the same back to the Senate, with the recommendation that it do pass.

534

JouRNAL OF THE SENATE.

They have also had under consideration the following House bills, which they direct me to report to the Senate, with the reccommendation that they be read the second time and recommitted, to wit :
House Bill No. 339, by Mr. Collier of Echols, to be entitled an act to create a County Court for the county of EChols, etc.
Also, House Bill No. 265, by Mr. Rawlings of Washington, to be entitled an act to amend .an act to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel, Pulaski, etc.
Also, House Bill No. 262, by Mr. Vaughn of Twiggs, to be entitled an act to require and provide for the registration of voters in Twiggs county, etc., and for other purposes.
Respectfully submitted. S. R. HARRIS, Chairman.
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 create a Board of Commissioners of Roads and Revenues for the county of Polk.
Alao, a bill to require and provide for the registration of voters in Twiggs county.
Also, a bill to provide for and authorize the payment of pensions to certain widows of Confederate soldiers for the year 1893, who were entitled thereto under the law and who failed to receive their pensions for that year, and for other purposes.
Also, a bill to relieve I. Haddock and R. A. Lavender, sureties on the bond of C. W. Lavender.

TUESDAY, DECEMBER 11, 1894.

5!l5

Also, a bill to amend an act to require and provide for the registration of voters in Floyd, McDuffie, Burke, Randolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel, and Pulaski, . and for other purposes.

Also, a bill to create a County Court for the county of Echols, etc.

Also, a bill to amend section 3845 of the Code.

A resolution authorizing the Governor to create a Special Commission to determine controversies affecting the rights, ways, and properties of the Western and Atlantic Railroad.

Also, a resolution to pay Angus A. Bird and A. 0. Blalock their per diem.
Also, a resolution for relief of J. W. Evans.

The resolution of the House to encourage the building of a railroad to South America was taken up for a third reading, and laid on the table.

The Senate took up the report of the Committee on Railroads on the following bill of the House, to wit :

A bill to authorize the running of special fruit, melon, and vegetable trains on Sunday on the railroads in this State, and for other purposes.
The report was agreed to.

The bill was read the third time a~d passed ; ayes 23, nays 0.
The Senate, on motion, adjourned until 9 o'clock a~ m. to-morrow.

536

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA,
Wednesday, December 12, 1894, 10 O'clock A.M.

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

Prayer by the Chaplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brown, Cumming, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, Mercer, McGregor, Monro, l\Iorton, Norman, Osborne, Ryals,

Roberts, Story, Sanford, Snead, Sharpe, Starr, Tatum, Wilson, Wilcox, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Brand, McMillan, McGarity,

McClure, Sheppard,

Upchurch, Wade,

Mr. Harrison, chairman of the Committee on Journals,. reported the Journal correct. It was then read and confirmed by the Senate.

On motion uf Mr. Cumming, the amendment of the
House to the bill of the Senate to provide for tbe levy and
sale of property where the defendant in fl. fa. has an in-
terest therein but does not hold the legal title, etc., was read
and the same "\YaB concurred in.

The Se~ate took up the report of the Special Judiciary Committee on the resolution of the House to appoint a Joint Committee of three from the House and two from

WEDNESDAY, DECEMBER 12, 1894.

537

the Senate to visit Augusta and investigate the canal dam on the Savannah river, etc.
The report was agreed to. The resolution was read the third time and concurred in~

The Senate took up the report of the Committee ou Banks on the bill of the House to authorize banks incorporated under the laws of this State to issue circulating: nott'A, and for other purposes.
The committee repor.ted in favor of its passage.
The report was amended, on motion of Mr. Cumming,. as follows, to wit:
Amend by adding a new section to be known as section 2, as follows : Section ~. Be it further enacted that in the event of any act of Congress requiring that a deposit be made with some designated officer of this State as a condition precedent to any bank issuing circulating currency,. the Treasurer of this State is hereby designated as the officer with wh.om said deposit shall be made, and the said Treasurer will be authorized to receipt for and assume the safe keeping of the same.
Amend further by changing number of repealing clause from section 2, to section 3.
The report, as amended, was agreed to.
The bill was read the third time and passed as amended;. ayes 26, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to provide for the sale of homestead property for reinvestment upon the application of the beneficiaries in certain cases.
The committee reported in favor of its passage, by substitute.

.'538

JOURNAL OF THE SENATE

The EUbstitute was adopted, and the report was agreed to.

The bill was read the third time and passed, as amended by substitute; ayes 23, nays 0.

The Senate took up the report of the Finance Committee on the resolution of the House to refund to J. H. Brown the amount paid by him for tax as liquor-dealer during the year 1894, and for other purposes.

The report, which was favorable, was agreed to.

The bill was read the third time,.and on the question of its passage the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughoon, Bush, Bussey, Boyd, Brand, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, Mercer, McGregor, Monro, Morton, McClure, Ryals, Roberts,

Sheppard, Story, Sanford, Snead, Sharpe, Tatum, Upchurch, Wilson, Wilcox, Wade~ Whitley, Williams of 25th.

Those not voting were Messrs.-

Brown, Cumming, Mcl\Iillan,

McGarity, Norman, Osborne,

Starr, Mr. President.

Ayes 36. Nays 0.

& the resolution was concurred in.

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

Mr. Preside:nt:

The House bas passed, by the requisite-constitutional majorities, the following Senate bills, to wit:

WEDNESDAY, DECEMBER 12, 1894.

531:1

A bill to amend an act to provide for a local Board of Trustees for the Middle Georgia Military and Agricultural College, and for other purposes.

Also, a bill to provide for the descent of property where persons are lost under circumstances where it is impossible to tell which died first, and for other purposes.

Also, a bill to provide for the probate of foreign wills and the issue of letters testamentary thereon, and for other purposes.

Also, a bill to provide a uniform method of exercising the right of condemning, taking, or damaging private property.
The House has also passed the following Senate bill, with an amendment, in which they ask the concurrence of the Senate, towit :

A bill to authorize insuranoo brokers to place insurance -on property of citizens of this State in fiire insurance -companies, not licensed or authorized to do business in this .State, to provide penalties for violation of same, and for -other purposes.
Also, a bill to provide for the levy and sale of property
when the defendant in fi fia. has an interest therein, but
-does not hold the legal title thereto, and to provide for the .distribution of the proceeds.

Also, a bill to amend section 4587 of the Code of 1882.
Also, a bill to regulate the law of assignments for the benefit of creditors, to fix the rights and duties of assign-ors, creditors and assignees.

540

JOURNAL OF THE SENATE.

Also, a bill to provide for the appointment of auditors, to prescribe their duties, fix their compensation, and for other purposes.

Also, a bill to provide for the incorporation of street and suburban railroads.

Also, a bill to make it penal for any person or persons to aid or assist any patient to escape from the lunatic asylum.

Also, a bill to regulate benevolent institutions in this State, and for other purposes.

Also, a bill to amend an act entitled an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State.

Also, a bill to amend section 2626 of the Code authorizing the levy and sale of bank or other corporation stock, and for other purposes.

Also, a bill to decrease the tuition required of non-resident students of the State Technological school, and for other purposes.

Also, a bill to repeal an act approved March 2, 1874, incorporating the town of Whitesburg in the county of Carroll and the acts amendatory thereof, and to incorporate the same.

Also, a bill to amend an act entitled an act to regulate banks, and for other purposes, approved October 10, 1891, so as to require the bank or corporations to make statements when called for by the State Bank Examiner, and for other purposes.

Also, a bill to amend an act to incorporate the South Georgia Bank of Waycross, approved August 16, 1889.

WEHNESDAY, DECEMBER 12, 1894.

541

Also, a bill to repeal an act to amend the charter of Milledgeville, approved February 15, 1876, and for otherpurposes.

Also, a bill to amend the charter of the city of Waycross, approved November 1, 1889, so ae to grant to the Mayor and Council the right to condemn land within city limits owned or used by railroad companies or other corporations or persons, and for other purposes therein contained.

Also, a bill to provide for and regulate the manner in which returns of property for taxation shall be made to the lawful authorities of the city of Milledgeville, and for other purposes.

Also, the following Senate bill, not having received the the requisite constitutional majority, was lost, to wit :
A bill to prohibit the corporate authorities of the town of Summerville from issuing license to retail spirituous liquors in said town.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report:

Mr. President:

The Committee on Corporations have had under consideration House Bill No. 186, by Mr. Mell of Clarke, to be entitled an act to amend an act to establish a City Court in Clarke county, ete., and for other purposes, which they direct me to report back to the Senate, with the recommendation that it do pass as amended.

Respectfully submitted.

C. H. BRAND, Chairman.

542

JouRNAL oF THE SENATE.

:Mr. Brand, chairman of the Committee on Corporations, submitted the following report :

Mr. Pre8ident:
The Committee on Corporations have had under consideration the following House bills, which they direct me to report back to the Senate with the recommendation that they do pass, to wit :
House Bill No. 327, by :Mr. Perkins of Habersham, to be entitled an act to amend Fection 1 of an act to incorporate the town of Clarkesville, in the county of Habersham, etc.
Also, House Bill No. 275, by :Mr. Spence of Carroll, to be entitled an act to amend an act incorporating the town of Temple, in the county of Carroll, etc.
Also, House Bill No. 285, by :Mr. Owen of Dooly, to be entitled an act to amend the charter of Vienna, Ga.
Also, House Bill No. 208, by :Mr. Hill of Terrell, to be entitled an act to amend an act approved September 24, 1883, incorporating the town of Bronwood, in Terrell county, etc.
Also, House Bill No. 188, by :Mr. Mell of Clarke, to be entitled an act to establish City Court in the county of Clarke, etc.
Also, House Bill No. 316, by Mr. Rockwell of Chatham, to be entitled an act to provide for the issue and sale of bonds by the Mayor and Aldermen of the City of Milledgeville, etc.
Also, House Bill No. 314, by Mr. Brown of Washington, to be entitled an act to incorporate the town of Davisboro in the county of Washington, etc.

WEDNESDAY, DECEMBER 12, 1894.

543

Also, House Bill No 290, by Mr. Mell of Clarke, to be entitled an act to incorporate the Athens Electric Railway Company.

Also, House Bill No. 280, by Mr. Jones of Dodge, to he entitled an act to amend an act to incorporate the town of Eastman in the county of Dodge.

They have also had under conaideration House Bill No. 202, by Mr. Dennard of Wilcox, which they instruct me to report back to the Senate, with the recommendation that the introducer be allowed to withdraw it.

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. Lewis, chairman of the Committee on Finance, submitted the following repc,rt:
Mr. President:
Your Committee on Finance have had under consideration the following bills and resolutions, and they direct me to report them back to the Senate, with the recommendation. that they do pass, to wit:
A bill to relieve I. Haddock and R. A. Lavender, sureties on the bond of C. W. Lavender.
Also, a bill to provide for and authorize the payment of pensions to certain widows of Confederate soldiers for the year 1893, etc.
Also, a bill to carry into effect the act amending paragraph 1, section 1 of article 7 of the Constitution of this State, and for other purposes.
Also, a resolution to pay Angll8 E. Bird and A. 0. Blalock their pe:r diem.
Also, a resolution for relief of J. 'W. Evans.

.,1)44

JoURNAL OF THE SENATE

Also, a resolution authorizing the Governor to create a

.special commission to determine controversies affecting the

properties, etc., of the V-ITestern and Atlantic Railroad.

Respectfully submitted.

E. B. LEWIS, Chairman.

Mr. Harris, chairman of the Committee on General Ju-diciary, submitted the foilowing report:

Mr. President :
The General Judiciary Committee have had under con.sideration House Bill No. 91, by Mr. Wright of Floyd, to be entitled an act to regulate admissions to the bar, and they direct me to report the same back to the Senate, with the recommendation that it do pass.

They have also had under consideration House Bill No. 137, by Mr. Dodson of Sumter, to be entitled an act to -compel insurance companies to pay the full amount of loss .sustained upon property covered by policies of insurance up to the amount expressed in the policies, etc., and they -direct me to report the bill to the senate, with the recommendation that it do not pass.

Respectfully submitted.

N. E. HARRis, Chairman.

On motion of Mr. Harris of the Twenty-Second Dis-trict, the bill of the Senate to authorize insurance brokers to place insurance on property of citizens of this State in fire insurance companies, etc., was taken up.
The same was amended in the House and the amendment of the House was amended, on motion of Mr. Venallle, as follows:

"\V"EDNESDAY, DECEMBER 12, 1894.

545

Amend amendment of the House by striking out the word '"'companies," in the first and fifteenth lines of the House amendment, and inserting in lieu thereof the word -''brokers."

The Senate took up the report of the Committee on :Education on the bill of the House to amend an act approved September 2S, 1889, entitled an act to establish a .system oC public schools for Fort Valley, etc.
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.
The Senate took up the report of the Committee on Cor-porations on the bill of the House to amend an act to es-tablish a City Court of Clarke county, etc.
The report was agreed to with amendments recommended 1herein.
The bill was read the third time and passed as amended ; :ayes 25, nays 0.
The Senate took up the report of the Special Judiciary -committee on the hill of the House to change the time of .holding the Superior Court of McDuffie county.
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.
On motion of Mr. Whitley, the bill of the House to re-peal an act to create a Board of Commissioners of Roads and Revenues in the county of Polk, etc., was recommitted.
Mr. McGarity moved to reconsider this action of the : enate, and on this proposition the ayes and nays were demanded, and ordered by the Senate.
3511

546

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Beeks, Bussey, Boyd, Brown, Craigo, Harris of 22d, Harrison, Johnson,

Keen, Lewis, Long, McGregor, Monro, Morton, McGarity, Osborne,

Ryals, Roberts, Sheppard, Sanford, Snead, Sharpe, Williams of 25th.

Those voting in the negative were Messrs.-

Broughton, Bush, Brand, Cumming, Harris of Third,

Harris of Twelfth, Lumpkin, McMillan, Mercer,

McClure, Upchurch, Wilcox, Whitler.

Those not voting were Messrs.-

Little, Norman, Story,
Ayes 23.

Starr, Tatum, Wilson,
Nays 13.

Wade, Mr. President.

So the same was reconsidered, and on motion of Mr. McGarity, the bill was taken up and put upon its passage.

The bill was amended, on motion of Mr. McGarity, as follows:

Amend the bill so as to provide that it shall be in force when a majority of said voters shall have voted in favor of said bill at the coming January election.

The report, as amended, was agreed to.

The bill was read the third time and passed as amended; ayes 23, nays 2.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to alter and amend the several acts incorporating the town of Crawfordville, and for other purposes.

The report was agreed to.

WEDNESDAY, DECEMBER 12, 1894.

547

The bill was read the third time and paBSed; ayes 24, nays 0.
Mr. Long, chairman of Committee on Banks, submitted the following report :

Mr. President:

The Committee on Banks have had under consideration

House Bill No. 133, the same being a bill to be entitled an act to repeal section 1496 of the Code of 1882, as amended by the act of December 12, 1892, which Code section and

amendatory act provide how stock in banks and other corporations may be transferred, and what notice of the transfer of stock shall be required to relieve the stockholder

of individual liability, and to provide the terms upon which a stockholder's liability shall eontinue, and they direct me to report the same back to the Senate, with a recommendation that the same do pass by substitute.

Respectfully submitted.

N. G. LoNG, Chairman.

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

Mr. President :
Your committee, having had the following bill under consideration, recommend that it do pass, to wit :

A bill to amend an act entitled an act to protect the game in the- State of Georgia during certain seasons, approved December 20, 1893, so as to more fully protect game in this State, etc., so as to change the time when deer may be killed, and for other purposes.

Respectfully submitted.

S. R. HARRIS, Chairman.

548

JOURNAl, OF THE SENATE.

Mr. Whitley, chairman Committee on Engrossing, submitted the following report :

Mr. President:
Your committee have examined the following bill, and find the same correct :
A bill to be entitled an act to amend an act approved December 20, 1892, with the following caption. An act to carry into effect paragraph 18 of section 7 of article 3 of the Constitution of 1887, and for other purposes.
Mr. Harris, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President :
The Special Judiciary Committee have had under consideration House Bill No. 262, by Mr. Vaughn of Twiggs, to be entitled an act to require and provide for the registration of the voters in Twiggs county, and they direct me to report this bill ba<;k to the Senate, with the rec~mmendation that it do pass.
Respectfully submitted. S. R. HARRIS, Chairman.

The Senate took up the report of the Committee on Banks on the bill of the House to repeal section 1496 of the Code of Georgia of 1882, as amended by the act of December 12, 1892, which Code section and amendatory act provided how stock in banks and other corporations may be trans~erred, etc.
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 26, nays 8.

WEDNESDAY, DECEMBER 12, 1894.

649

The Senate took up the report of the Special Judiciary Committee on the bill of the House to require and provide for the registration of voters in Twiggs county, and to provide for carrying same into effect, and for other purposes.
The report was agreed to.
The bill was read the third time and passed ; ayes 27, nays 0.

The following communication was received from his Excellency, the Governor, through his Secretary, Mr. Warren, to wit:

Mr. President :
I am directed by the Governor t<> deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.

The Senate took up as the special order for 10 o'clock a. m. the General Appropriation Bill, the House having concurred in certain amendments of the Senate and refused to concur in certain other amendments.

On motion of Mr. Harris ofthe Twenty-second District, the Senate insisted on its several amendments.

On motion of Mr. Lewis, this action of the Senate was ordered to be immediately commuDicated to the House.

The Senate, on motion, went into executive session, and after spending some time therein returned to open session.

By resolution of Mr. Osborne the privileges of the floor were extended to Mr. J. S. Collins of Savannah.

550

JouRNAL OJ<' THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the Athens Electric Railway Company, etc.
The report was agreed to.
The bill was read the third time and passed; ayes 23, nays 0.
The Senate took up the report of the Committee on Edcation on the bill of the House to amend an act to establish a public school system for the town of Perry.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed ; ayes 24, nays 0.
The Senate took up the report of the Committee on the Special Judiciary on the bill of the House to prohibit, in Chatham county, the holding of more than one office by one person at any one time, and for other purposes.

The report, which was favorable, was amended, on motion of Mr. Osborne, as follows:

Amend by adding at the end of line two the following: "provided that nothing in this act shall be so construed as to prevent the Sheriff of Chatham county from acting as
Jailer thereof."
The report, as amended, was agreed to.
The bill was read the third time and passed as amended; ayes 24, nays 0.
Proof of legal notice was submitted.

The Senate took up the report of the General Judiciary Committee on the bill of the House to repeal an act ap-

WEDNESDAY, DECEMBER 12, 1894.

551

proved October 22, 1887, prescribing the duty of electric telegraph companies, as to transmitting dispatches, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 31, nays 0.

The Senate took up the report of the Special Judiciary Committee. on the bill of the House to fix the salary of the Judge of the County Court of Bulloch county, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed; ayes 30J .nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal so much of an act approved October 3, 1885, as relates to Emanuel eounty, to wit: an act to provide for the registration of qualified voters of Emanuel county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed; ayes 25, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to provide for the issue and sale of bonds by the Mayor and Aldermen of the city of Milledgeville, etc.
The report was agreed to.
The bill was -read the third time and passed ; ayes 26, nays 0.

652

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Agriculture to provide for a Bureau of Immigration in this State, etc., and for other purposes.
The report was agreed to.
The hill was read the third time and passed ; ayes 27r nays 0.

The Senate took up the report of the Finance Committee on the resolution of the House to allow the Committee on Privileges and Elections to sit during the interim of the sessions of the General Assembly, etc.

The report was agreed to.

The bill was read the third time, and on the question of fts passage the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, BUSBey, Boyd, Brand, Brown, Craigo, Harris of Third, Harris of Twelfth, Harris of 22d,

Harrison, Johnson Keen, Lewis, Little, Lumpkin, McGregor, Monro, Morton, McGarity,

Norman, Osborne, Ryals, Roberts, Sheppard, Story, Snead, Sharpe, Upchurch, Wade.

Those voting in the negative were Messrs.-

Bush, Mercer,

Tatum,

Wilcox.

Those not voting were Messrs.-

Cumming, Long, McMillan,

Sanford, Starr, Wilson,

Whitley, Williams of 25th. :Mr. President.

McClure,

There are ayes 31; there are nays 4.

So the bill was passed by constitutional majority.

WEDNESDAY, DECEMBER 12, 1894.

563

Mr. Wilcox, chairman of the Committee on the State of the Republic, sub~itted the following report :
Mr. President:
Your Committee on the State of the Republic have had under consideration the following resolution, to wit:
A resolution to encourage the lmilding of a railroad to South America, and they direct me to report the same back to the Senate, with the recommendation that it be laid on the table for the session.
Respectfully submitted. GEo. K. WILCOX, Chairman.

The Senate took up the report of the Committee on Corporations on the hill of the House to amend the chart~r of the town of Vienna.
Proof of legal notice was submitted.
The report wasagreed to.
The bill was read the third time and passed; ayes 23, nays 0.

The Senate t<>ok up the report of the Special Judiciary Committee on the bill of the House to amend sections 1, 2, 5, and 9 of an act approved March 17, 1869, entitled an act to create a Board of Commissioners of Roads and Revenues in the county of Harris, so as to provide compensation for said CommissionE'rs.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 27, nays 0.

The Senate took up the report of the Committee on Education on bill of the House t<> establish a system of public

.554

JOURNAJ, OF THE SENATE

schools in the town of Dahlonega, Ga., etc., and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 2_7, nays 0.

The Senate took up the report of the Finance Committee <>n the bill of the House to require the State Librarian to furnish Georgia Reports, Codes, and Laws to the county of Heard.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, nays 0.

The Senate took up the report of the Committee on Public Schools on the bill to amend an act to incorporate the Barnesville Male and Female High School, and for <>ther purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 26, nays 0.

The Senate took up the report of the Committee on Ed-cation on the bill of the House to incorporate Buchanan .Male and Female College, etc., and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, nays 0.

WEDNF.SDAY, DECEMBER 12, 1894.

555

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to incorporate the town of Eastman, etc., and for other purposes.
Proof of legal notice was submitted.
The report was agret>d to.
The bill was read the third time and passed ; ayes 24, nays 0.
The Senate adjourned, on motion, until 3 o'clock p. m.

3 O'CLOCK P. M. The Senate met pursuant to adjournment, the President in the chair. Th,e roll-call was, on motion, dispensed with.
The Senate took up the report of the Committee on Corporations on the bill of the house to amend an act incorporating the town of Temple, in Carroll county, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed; ayes 25, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to fix the legal weight {)f tan-bark, and for other purposes.
The report was agreed to. The bill was read the third time and passed; ayes 26, nays 0.

556

JouRNAL oF THE SENATE.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 3696 of the Code of this State.
The report was agreed to. The bill was read the third time ~nd passed; ayes 25, nays 0.
The Senate took up the report of the Finance Committee on the bill of the House to relieve I. Haddock and R. A. Lavender.
The report was agreed to.
Th-e bill was read the third time and passed ; ayes 26, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act to fix the salary of the Commissioners of Roads and Revenue of Coweta county, and to fix compensation of the Clerk.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 1624 the Code of Georgia, and for other purposes.
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.
The Senate took up the report of the Finance Commitwe on the bill of the House to amend paragraph 2 of section 943 of the Code.
The report was agreed to.

WEDNESDAY, DECEMBER 12, 1894.

557

The bill was read the third time and passed ; ayes, 25, nays 0.

The Senate took up the report of the Committee on Finance on the resolution of the Honse, authorizing the Governor to create a special commission to determine controversies affecting the rights, ways, and properties of the Western and Atlantic Railroad.
The report was agreed to ~nd the resolution was concurred in.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize County Commissioners, or the Ordinaries in counties where there are no County Commissioners, to remove obstructions and put in order railroad crossings, etc., and for other purposes.
Recommitted to Committee on Railroads.
The Senate took up the report of the Committee on Public Schools on the bill of the House to authorize the County Commissioners of Coweta county to make contracts with the Board of Education of Newnan to teach pupils of school age who may enter said city schools, etc., and for other purposes.

Proof of legal notice was submitted. The report was agreed to. The bilJ waS read the third time and passed ; ayes 25, nays 0.

The Senate took up the report of the Committee on Finance on the resolution of the House for the relief of J. W. Evans.
The report was agreed to.

558

JOURNAL OF THE SENATE.

The resolution was read the third time, and on the question of concurrency in the same, the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Broughton, Bush, Brand, Cumming, Craigo, Harris of Twelfth, Johnson, Keen,

Little, Lumpkin, Mercer, McGregor, Monro, Norman, Ryals, Roberts,

Those not voting were Messrs.-

Snead, Sharpe, Starr, Upchurch, Wilson, Wilcox, Wade, Whitley,

Beeks, Bussey, Boyd, Brown, Harris of Third, Harris of 22d, Harrison,

Lewis, Long, McMillan, Morton, McGarity, McClure, Osborne,

Sheppard, Story, Sanford, '.fatum, Williams of 25th, Mr. President.

Ayes 24. Nays 0.

So the bill was passed by constitutional majority.

The Senate took up the report of the Finance Committee on the resolution of the House, to pay Augus E. Bird, and A. 0. Blalock their per diem.
The report. was agreed to.
The resolution was read the third time, and on the question or concurring therein, the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Broughton, Bush, Bussey, Brand, Cumming, Craigo,

Little, Lnmpkin, Mercer, M!"Gregor, McClure, Norman,

Story, Sanford, Tatum, Upchurch, Wilson Wilcox,

WEDNESDAY, DECEMBER 12, 1894.

559

Harris of Third. Harris of Twelfth, Keen, Long,

Ryals, Roberts, Sheppard,

Wade, Whitley, Williams.

Those not voting were Messrs.-

Beeks, Boyd, Brown, Harris of 22d, Harrison, Johnson,

Lewis, McMillan, Monro, Morton, McGarity,

Osborne Snead. Sharpe, Starr, Mr. President.

There are ayes 30; there are nays 0.

So the resolution was concurred in.

The Senate took up the report of the General Judiciary. Committee on the bill of the House to compel insurance companies to pay the full amount of loss sustained upon property insured, etc.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to provide for removal of obstructions from the river& and creeks and other running streams in Habersham county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed; ayes 23, nays 2.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 3893 of the Code.
The report was agreed to.

The bill was read the third time and passed ; ayes 24, nays 0.

.560

JOURNAL OF THE SENATE

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 1864 -Qf the Code.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, .nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Davisboro, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 27, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the House to authorize and empower street and suburban railroads to generate and furnish electric light and power to consumers.
The report was agreed to.
The bill was read the third time and passed; ayes 33, nays 0.
The Senate took up the report of General Judiciary Committee on the bill of the House to prescribe a penalty for the willful and malicious setting fire to any ship, boat, -etc., etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed ; ayes 23, nays 0.
Mr. Harris, chairman of the. Committee on General .Judiciary, submitted the following report:

WEDNESDAY, DEcEMBER 12, 1894.

661

Mr. Pre8ident:

The General Judiciary Committee have had under con:Sideration House Bill No. 181, by Mr. Battle of Muscogee, Ito be entitled an act to amend section ~845 of the Code, <etc., and they direct me to report the same to the Senate, with the recommendation that it do pass as amended.

Respectfully submitted.

N. E. HARRis, C~airman.

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

Mr. President :
The House has concurred in the following amendments oQf the Senate to the bill to provide for the registration of the voters in this State, etc., to wit:
Amendments Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18.
The House disagrees to amendments Nos. 5 and 17, and :asks the Senate to recede therefrom.

The House also. ~neists upon its disagreement to certain :amendments of the Senate to bill No. 58, "to make appropriations for the ordinary ~xpenses of the executive, judi-cial, and legislative departments of the government for payment of the public debt, etc., for the years 1895 and 1896 and asks for a committee of conference thereon, and has appointed upon the part of the House Messrs. Boynton, Dempsey, Brown of Pulaski, Boyett, Wynne, and Gilreath.
The House has also concurred in the following amendments of the Senate to House Bill No. 60 to levy a tax for the support of the State government and the public institu-
368

562

JouRNAL OF THE SENATE.

tions for educational purposes, etc., for 1895 and 189& to wit:

Amendments Nos. 1, 2, 3, 4, 6, 7, 8, 9, and 10.

The House bas adopted an amendment to Senate amendment No. 5, fixing a tax upon packing-houses and dealers,. in which it asks the concurrence of the Senate.

The House bas adopted the following resolution in which the agreement of the Senate is requested, to wit:

A resolution instructing the committee appointed to examine the codification of the laws to file in the executive office one copy of the manuscript of the same.

On motion of Mr. Cumming, the Senate took up theamendments of the Senate to the General Registration bill of the House, in which the House disagreed and receded from the same.

The Senate took up the report of the Finance Committee on the bill of the House to carry into effect the act amending paragraph 1, section 1, article 7 of the Constitution of the State, 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 voting in the affirmati:ve were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown,
of Craigo,
Harris Third, Harris of Twelfth, Harris of 22d, Harrison,

Johnson, Keen, Lewis,
Lon~r,
Little, Lumpkin, McMillan, Mercer, McGI'ej!Or, McGarity, Norman, Osborne,

Ryals, Roberts Snead, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Whitley, Williams of 25th.

WEDNESDAY, DECEMBER 12, 1894.

563

Those not voting were Messrs.-

:Cumming, Monro, Morton,

McClure, Sheppard, Story,

Sanford, Wilson, Mr. President.

Ayes 36. Nays 0.

So the bill was passed by a constitutional majority.

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

Mr. President:
The House bas concurred in the Senate amendment to the House amendment to the following bill of the Senate~ to wit:

A bill to authorize insurance brokers to place insurance on property of citizens of this State in fire insurance companies not licensed to do business in this State, and for other purposes.

The following communication was received from his Excellency, the Governor, through his Secretary, Mr. Warren, to wit:

Mr. President :
I am directed by the Governor to deliver to the Senate a sealed communication, to whi<>h he respectfully invites the consideration of your honorable body in executive session.

. The Senate, on motion, went into executive session, and
having spent some time therein, returned to open session.
The Senate took up the report of the Committee on Public Schools on the bill of the House to amend paragraph 1 of section 2 of article 8 of the Constitution of this State, so .as to prescribe that the State School Commissioner shall be

564

JOURNAL OF THE SENATE.

elected by the people instead of being appointed by the Governor, as now required by law.

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 voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Boyd, Brown, Craigo, Harris of Third, Harris of Twelfth, HamROn, Johnson, Keen,

Lewis, Little, L_umpkin, McMillan, McGrEl!l:or, McGarity, McClure, Norman, Ryals, Sheppard,

Story, Ranford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Whitley.

Those voting in the negative were Messrs.-

BUSBey, Brand, Harris of 22d,

Mercer, Monro,

Roberts, Wade.

Those not voting were Messrs.-

Cumming, Long,

Morton, Osborne,

Williams of 25th, Mr. President.

There are ayes 31; there are nays 7.

So the bill was passed by a constitutional majority, and is as follows, to wit:

A bill to be entitled an act to amend paragraph 1 of sec" tion 2 of article 8 of the Constitution of this State, so as to prescribe that the State School Commissioner shall be elected by the people instead of being appointed by the Governor as now required by law.

WEDN:ESDAY, DECEMBER 12, 1894.

565

' SECTION 1. Be it enacted by the General Assemhly of the

State of Georgia, and it is hereby enacted by authority of the

same, That the Constitution of the State be amended by

striking out of paragraph .1 of section 2 of article 8, in first

and second line of said paragraph, the words "appointed by

the Governor and confirmed by the Senate," and inserting

in lieu thereof, the following, to wit : " elected by the peo-

ple at the same time and manner as the Governor and State

House officers are elected" ; and by striking out of third

line of said paragraph the word "appointed " and insert-

ing in lieu thereof the word " elected, " so that said para-

graph, when amended, shall read as follows :

"There shall be a State School Commissioner elected by

the people at the same time and manner as the Governor and State House officers are elected, whose term of office



shall be two years and until his successor is elected a:nd

qualified. His office shall be at the seat of the government,

and he shall be paid a salary not to exceed two thousand

($2,000) dollars per annum. The General Assembly may

substitute for the State School Commissioner such .officer or

officers as may be deemed necessary to perfect the system of

public education."

SEc. 2. Be it further enacted, That whenever the above

proposed amendment to the Constitution shall he agreed to

by two-thirds of the members elected to each of the two

Houses of. the General Assembly, the Governor shall, and

he is hereby authorized and instructed to cause said amend-

ment to be published in at least two newspapersin each

congressional district in this State for the period of two

.months next preceding the time of holding the next general

election.

SEC. 3. Be it further enacted, That the above proposed

amendment shall be submitted for ratification or rejection

to the electors of this State at the next general election, to

be held after publication as provided for in the second sec-

566

JOURNAl, OF THE SENATE.

tion of this act, in the several election districts of this

State, at which election every person shall be qualified to

vote who is entitled to vote for members of the General

Assembly. All persons voting at said election in favor of

adopting the proposed amendment to the Constitution shall

have written or printed on their ballots the words " For

ratification of the amendment of paragraph 1 of section 2

of article 8 of the Constitution"; and all persons opposed

to the adoption of said amendment shall have written or

printed on their ballots the words "Against ratification of

the amendment of paragraph 1 of section 2 of article 8 of

the Constitution."

SEc. 4. Be it further enacted, That the Governor be,



and be is, hereby authorized and directed to provide for the submission of the amendment proposed in the first section

of this act to a vote of the people as required by the Con-

stitution of this State in paragraph 1 of section 1 of arti-

cle 13, and by this act; and, if ratified, the Governor shall,

wh('n he ascertains such ratification from the Secretary of

State, tQ whom the returns shall be referred in the same

manner as in cases of elections for members of the General

Assembly, to count and ascertain the result, issue his proc-

lamation for one insertion in one of the daily papers of this

State, announcing such result and declaring the amendment

ratified.



SEc. 5. Be it further enacted, That all laws and parts of laws in conflict with this act be, and the same are, hereby

repealed.

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

Mr. President:
The House has concurred in the Senate amendments to the following bills of the House, to wit:

WEDNESDAY, DECEMBER 12, 1894.

567

A bill to prohibit in Chatham county the holding of more than one office by the same person.

Also, a bill to provide for the sale of homestead property -for reinvestment upon the application of beneficiaries in cer:tain cases.

Also, a bill to amend an act to establish a City Uourt in .the county of Clarke, etc.

Also, a bill to repeal section 1496 of the Code of Georgia of 1882, as amended by the act of December 12, 1892, :and for other purposes therein contained.
Also, a bill to authorize banks incorporated under the Jaws of this State to issue circulating notes, and for other .purposes.
The House has also amended the Senate amendment to tthe following bill of the House, to wit :
A bill to repeal the act creating a Board of Commission-ers of Roads and Revenues for the county of Polk.
The House has also adopted the following resolution, in which the concurrence of the Senate is asked, to wit:

A resolution providing for a committee to visit the :school for colored students at Savannah, Ga.
The committee on the part of the House are Messrs. Bird, .Edenfield, and Law.
The House haR passed by the requisite constitutional majority the following bills of the Senate, to wit :



568

JOURNAL OF THE SENATE.

A bill to amend an act entitled an act to amend sectioo 3149(a) of the penal Code of 1882, approved November 12~ 1889, ettJ., and for other purposes.

On motion of Mr Lewis, the differences of the twoHouses in regard to the general appropriation bill were taken up.
He offered the following resolution, which was read and agreed to:
Resolved, That the Senate adhere to all of its amendments, as follows: Nos. 6, 8, 9, 11, 13, 15, and 19 of theappropriation bill, and the President of the "Senate appointa Conference Committee of five, as requested by the House.
The Presid~nt appointed as the committee under the foregoing resoludon, to wit: Messrs. Lewis, Beeks, Harris of the Twenty-second District, Osborne, and Boyd.

The Senate took up the report of the Committee on. Education on the bill of the House to amend an act establishing a system of public schools for the town of Canton~ and for other purposes.
_The report was agreed to.
The bill was read the third time and passed ; ayes 24,. nays 0.
On motion of Mr. McGarity, the amendment of the House to House Bill No. 11, relating to abolishing the County Commissioners of Polk county, was taken up and concurred in.

The Senate took up the report of the Committee on Finance on the bill of the House to provide for arid authorize the payment of pensions to certain widows of Confederate soldiers (or the year 1893, who were entitled theret<>



WEDNESDAY, DECEMBER 12, 1894.

569"

under the law, and who failed to receive their pensions for that year, a~d 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 voting in the affirmative were Messrs.-

Broughton, Bush, BuBBey, Brand, Cumming,
Crai~oto,,
Harris of Third, Harris of Twelfth, Johnson, Keen, Long,

Little, Lumpkin, Mercer, McGregor, Monro, McGarity, Norman, Ryals, Sheppard, Story,

Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, wade,
Whitley.

Those not voting were Messrs.-

Beeks, Boyd, Brown,. Harris of 22d, Harrison,

Lewis, McMillan, Morton, McClure,

Osborne, Roberts, Williams of 25th, Mr. President.

There are ayes 31; there are nays 0.

So the bill was passed by constitutional majority.

On motion of Mr. Harris of the Third District, thePresident was e.xcused from attendance on the Senate during the night session on account of his illness.

The amendments of the House to the bill of the Senate, t.o revive the office of State Geologist, etc., were taken upand concurred in.

JOURNAL OF THE SENATE.
On motion of Mr. Cumming, the amendments of the House to the bill of the Senate authorizing the South Car-olina Railroad Company to extend their road into this State at or near the city of Augusta, were taken up and -concurred in.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend seetion 3845
. -of the Code. Recommended the passage of the bill with
.amendments, which were adopted .
The report was agreed to.
The bill was read the third time and passed as amended; .ayes 24, nays 0.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed, by the requisite constitutional majorities, the following bills of the Senate, to wit:
A hill to amend section 2183 of the Code of 1882, which -defines circumstances under which an agency may be revoked.
Also, a bill to provide for the registration of the quali.fied voters of Harris county, and for other purposes.
"Also, a bill to provide for third-class roads, and for other purposes.
The House has passed the following bill of the Senate, with an amendment, in which the concurrence of the Sen..ate is asked, to wit :

WEDNESl>AY, DECEMBER 12, 1894.

571

A bill to authorize and empower the South Carolina Railroad Company to construct its railroad from its terminus in South Carolina to and into th.is State, to some point near the city of Augusta.
The House has also passed the following resolution of the Senate, to wit :
A resolution to relieve the London Guarantee and Acci-dent Company.

The bill of the House to amend an act to protect game, .etc., in this State, which wao passed by the Senate this day, was, on motion, reconsidered and laid on the table until the session of 1895.

The Senate took up the report of the Committee on Cor-
porations on the bill of the House to amend an act incor-
porating the town of Bronwood, etc. Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed ; ayes 32,
nays 0.
The Senate took up the report of the Committee on Temperance on the bill of the House to amend an act to regulate the sale of liquor in certain counties, to prescribe a penalty, and for other purposes.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time and passed; ayes 27, nays 0.
The Senate adjourned until 3 o'clock p. m.

572

JOURNAL OF THE SENATE.

The following communication was received from his Excellency the Governor, through his Private Secretary, Mr. Callaway, to wit:
Mr. President :
I am directed by the Governor to deliver to the Senate a sealed communication to which he respectfully invites the consideration of your honorable body in executive session~

The Senate took up the report of the Committee on Education on the bi1l of the House, to establish a public school system for the town of Fort Gaines, and for other purposes~
Proof of legal notice was submitted.
The report was agreed to.
The bill wa8 read the third time and passed; ayes 26,. nays 0.

The Senate, on motion, adjourned until 8 o'clock p. m~

8 O'CLOCK P. M. The Senate met pursuant to adjournment, the President, protem. in the chair.
The roll-ca,ll was dispensed with.
The following message was received from the Housathrough Mr. Hardin, the Clerk thereof:
Mr. Pre8ident: The House has passed the following Senate bills by the
requisite constitutional majority, to wit:
A bill to fix a lien in favor of persons furnishing material and supplies to railroad companies, etc.

WEDNESDAY, DECEMBER 12, 1894.

573

Also, a bill to amend the charter of the city of Macon, and for other purposes.

Also, a bill to further regulate and prescribe the duties of the Boards of Visitors and Trustees respectively for the University of Georgia, and for other purposes.
Also, a bill to amend section 279 of the Code of 188~, co.ncerning the appointment of Judges of County Courts, and for other purposes.

Also, a bill to amend section 2783(a) of the Code of 1882.
Also, a bill to amend section 2783 of the Code of 1882.

Also, a bill to amend the charter of the Macon Savings Bank, and for other purposes.

The House has also concurred in the following resolutions of the Senate, to wit:
A resolution ratifying certain provisional settlements in reference tQ the Western and Atlantic Railroad.

Also, a resolution authorizing the Commissioner of Agri.culture to aid in collecting exhibits, etc.
Also, a resolution expressing the thanks of the General Assembly to Lieutenant Sattt!rlee for his services in behalf of the military of the State.

Also, the following bill of the Senate, being adversely reported by the committee, the report was agreed to and the bill lost, to wit :
A bill to amend an act, approved September 22, 1891, entitled an act to amend an act to repeal section 4618 ofthe Code, etc., and for other purposes.

574

JouRNAL OF THE SENATE

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act to regulate the business of building and loan associations doing business in this State, and for other purposes.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, nays 0.

Mr. Cumming introduced a joint resolution directing the Public Printer to proceed at once with the publication of the Acts of this session.
The resolution was agreed to.
The following message was received from his Excellency, the Governor, through Mr. Callaway, his Private Secretary:

Mr. President:
The Governor has approved the following acts and resolutions of the General Assembly, to wit:

An act to require and provide for the registration of all the voters in the county of Screven, to provide for ~arry ing into effect the same, and to prescribe a punishment for illegal registering and illegal voting, and for other purposes.
Also an act to establish a system of public schools in the city of Madison, Morgan county, Ga., and to provide for the support, maintenance and government of same; to au thorize the Mayor and Council of said city to issue bonds of said city, after submitting the same to the qualified voters thereof, etc.
Also, an act to create the office of County Treasurer fot Twiggs county, to provide the compensation of such officer,. to define his power, duties, and for other purposes.

WEDNESDAY, DECEMBER 12, 1894.

575

Also, a resolution, to correct clerical errors m Senate Bill No. 74.

Also, a resolution authorizing the President of the Senate, Speaker of the House, Secretary of Senate, and Clerk of House, Enrolling and Auditing Committees, to remain at the Capitol five days after adjournment of the General Assembly, etc.

Also, a resolution authorizing the Governor to instruct the engravers of the bonds of the State of Georgia, issued under act of 1889, to correct the errors in bonds Nos. 1129 and J824, as pointed out by State Treasurer in his annual report.

The Senate. took up the report of the Committee on Corporations on the bill of the House to amend an act to establish a County Court of Clarke county, etc., and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 27, nays 0.

The resolution of the House to instruct the Commission

appointed to codify the laws of Georgia wae taken up, read,

and concurred in.



On motion of Mr. Cumming, the House amendment to the amendment of the Senate to the general tax act relating to the tax on packing houses, etc., was taken up and concurred in.

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

-576

JOURNAL OF THE SENATE.

Mr. Speaker:
The House has concurred in the following resolutions of the Senate, to wit:

A resolution to appoint Jas. H. Green, of Milledgeville, cagent of the State, to examine into and ascertain if any sum is due the State on account of expenses incurred on advances made for the United States Government in 1792, 1793, 1794, and 1796, in the war of 1812, in the Indian tro~bles of 1817 and 1818, in the Florida war from 1834 to 1836, and for other purposes.
Also, a resolution to relieve Samuel Walker, President, Principal, Daniel B. Sanford, and Adolph Joseph, securities, from all liability on a bond payable to the Governor of this .State, etc., and for other purposes.

The House has adopted the following joint resolution in which the coucurrenc~ of the Senate is asked, to wit :
A resolution to examine into the business before the General Assembly and report at what hour the General Assembly can adjourn sine die.
The committee on the part of the House are, Messrs. Mell, Sandeford, and Greer of Macon.

Also, a resolution instructing the Public Printer to publish the acts and resolutions of this session of the General Assembly at as early a day as possible.

The Senate took up, read, and concurred in the resolution of the House directing the Public Printer to proceed with the publication of the Acts of the present session.

The resolution of the House providing a committee to report at what time the present General Assembly can .adjourn was read and concurred in.

WElJNESDAY, DECEMBER 12, 1894.

577

The President p1o tern. appointed as the committee on
the part of the Senate Messrs. Bush and Bussey.

The bill of the House to authorize the town council of Abbeville to issue bonds was withdrawn by the Senator from that district.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend section 1 of an act to incorporate the town of Clarkesville, etc., and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed ; ayes 25, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 891(a) of the Code, etc.
The report was agreed to.
The bill was read the third time and passed; ayes 25, naysO.

The Senate took up the report of the Jeneral Judiciary Committee on the bill of the House to amend section 713 of the Code.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed as amended; ayes 23, nays 0.
37s

578

JOURNAL OF THE SENATE.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 4083 of the Code.
The report was agreed to.
The bill was read the third time and passed ; ayes 23, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 1330 of the Code.
The report was agreed to.
The bill was read the third time and passed ; ayes 24, nays 0.
The Senate took up the report of the Committee on Railroads on the bill of the House to amend the general railroad laws.
This bill was, on motion, laid on the table.
The bill of the House to amend an act for the protection of game in this State was withdrawn from the Senate.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President :
The House has concurred m the Senate amendments to the following bill of the House, to wit:
A bill to amend section 3845 of the Code, which relates to payment of fees in criminal cases to non-resident witnesses, and for other purposes.
The House has also concurred in the following resolution of the Senate, to wit:
A resolution relative to the publication of the acts and resolutions of this session of the General Assembly.

WEDNESDAY, DECEMBER 12, 1894.

579

Mr. Wade submitt~d the following report.
Mr. President:
The General Judiciary Committee have had under consideration House Bill No. 341, and recommend that the the same do pass as amended, to wit :
A bill to be entitled an act to authorize the city of Atlanta, in extending West Alabama street, etc., and for other purposes.
Respectfully submitted. U. P. WADE, Chairman pro tern.
Mr. Munro submitted the following report :
Mr. President: The Committee on Railroads have had under considera-
tion House Bill No. 337, to be entitled an act to encourage the creation and distribution of electricity for the purpose {)f power, heat, and lighting, and other purposes, by streetear companies operated by electricity, or by any other companies granting or creating electricity in this State, and they instruct me to report that the same do pass.
Respectfully submitted.
GEo P. MuNRo, Chairman pro tern.

The Senate took up the report of the General Judiciary Committee on the bill of the Bouse to authorize the city {)f Atlanta, in extending West Alabama street, to make an -encroachment on the Western and Atlantic Railroad prop(lrty belonging to the State.
The report was agreed to.
The bill was read the third time and passed; ayes 27, nays 0.

580

JouRNAL OF THE SENATE.

The Senate took up the report ofthe Committee on Railroads on the bill of the House to encourage the creation and distribution of electricity for the purposes of power~ heat, and lighting, and for other purposes.
.The report was agreed to.
The bill was read the third time and passed; ayes 26~ nays 0.

Mr. Lewis, chairman of the Committee of Conference on the part of the Senate on the general appropriation bill~ submitted the following report:

.Jfr President :

Your committee, after a diligent effort, beg to report that they have been unable to agree on the matters of difference between the two houses, and request to be discharged.

Respectfully submitted.

E. B. LEWIS, Chairman.

The committee was discharged in compliance with their request.
The Senate took up the report of the Finance Committee on the bill of the House to be entitled an act to amend paragraph ~ of section 943 of the Code of 1882, prescribing fees to be collected by the Secretary of State.
The committee reported in favor of its passage.
The report was amended, on motion of Mr. Harris of the Twenty-second District, by adding, after line 22, section 1, the following: "For granting charters to navigation companies, one hundred dollars." Add another line on front page as follows: "For granting charters to purchasers of railroads, fifty dollars."
The report, as amended, was agreed to.

WEDNESDAY, DECEMBER 12, 1894..

581

The bill was read the third time and passed as amended ; ayes 25, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House, to amend an act approved July 30, 1881, entitled an act to provide for sales
made under and by virtue .of any fl. fa. or other process
issued from the County Courts of the State.
The report was agreed to.

The bill was read the third time and passed; ayes 28, nays 0.

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

Jfr. President :
The House has concurred m the following resolution of the Senate, to. wit:

A resolution requesting the return to the Senate of House Bill No. 270, which bill is herewith returned.

The Senate took up the report of the General Judiciary Committee on the bill of the House to regulate admission to the bar.

Mr. Starr moved that the bill be laid on the table, and -on this proposition the ayes and nays were required and recorded.

Those voting in the affirmative were Messrs.-

Broughton,

Keen,

Sheppard,

Bush, BuBBey,

Little, Mercer,



Story, Ranford,

Boyd,

Monro,

Snead,

Craigo,

McGarity,

Rtarr,

Farris of Third,

McClure,

Upchurch,

Harris of Twelfth, Norman,

Wade,

Harris of 22d,

Ryals,

Williams of 25th.

.Johnson,

582



JouRNAr, OF THE SENATE.

Those voting in the negative were Messrs.-

Beeks, Brand, Cumming, Long,

Lumpkin, McMillan, Osborne, Roberts,

Wilson, Wilcox, Whitley.

Those not voting were Messrs.-

Brown, Harrison, Lewis,

McGregor, Morton, Sharpe,

Tatum, Mr. President.

There are ayes 25 ; there are nays 11.

So the motion to lay the bill on the table prevailed.

The resolution of the House providing for a committee to visit the school for colored students at College, Ga.~ was read and concurred in.
The committee appointed under this resolution consists of Messrs. Bussey and Roberts.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize County Commissioners, or Ordinary where there are no Commissioners, to remove obstructions and put in order railroad crossings, etc., which was, on motion, laid on the table.

Mr. Wilson offered the following resolution, which was read and agreed to :
Resolved by the Senate, That some member of the Committee on Eurollment remaining over to bring up the un.., finished business be requested to examine and verify the Journal of the Senate fort;his day.

Mr. Harris, of the Twenty-second District, stated that he had been informed by the chairman of the House Conference Committee that the committee had agreed to the terms proposed by the Senate Committee on the.Appropriation

WEDNESDAY, DECEMBER 12, 1894.

583

Bill, and he moved that a new Conference Committee be appointed.
The motion was agreed to and the chair appointed Messrs. Lewis, Beeks, Osbor~e, Boyd and Roberts.

Mr. Lewis submitted the following report:

Mr. President:

The Joint Committee of Conference touching Senate amendments to the General Appropriation Bill for the years 1895 and 1896, beg leave to submit the following report:

That the House recede from all disagreement to all Senate amendments except the following, to wit :

First. The appropriation of nineteen hundred and fifty

dollars to the Georgia Military and Agricultural College at

Milledgeville.



Second. The appropriation of three hundred dollars for expenses of the Bank Examiner.

Third. The appropriation of two hundred dollars additional to the School for the Deaf.

Fourth. The appropriation of twenty-one thousand dollars to the Military.

Fifth. The appropriation of one hundred and twenty-five dollars for expenses of Visiting Committee of the General Assembly to the North Georgia Military and Agricultural College at Dahlonega.

That the Senate recede from its amendments as follows:

First. The appropriation of nifteteen hundred and fifty dollars to the Georgia Military and Agricultural College at Milledgeville.

Second. The appropriation of three hundred dollars for the expenses of the Bank Examiner.

584

JOURNAJ, OF THE SENATE.

Third. The appropriation of one hundred and twentyfive dollars for expenses of Visiting Committee of the General Assembly to the N:Jrth Georgia Military and Agricultural College at Dahlonega.

That both Houses agree to amend the bill by adding in section 6 next after the appropriation for insuring public property the following, to wit:

For organizing, arming, equipping, drilling, and training

the volunteer forces of the State, for administering the several military departments of the State, and for increasing

the military fund, all to be expended under the direction of

the Governor, the sum of fifteen thousand dollars as pro-

vided by act of 1889.

Respectfully submitted.

E. B. LEWis, Chairman.
w. c. BEEKS,
M.G. BoYD,
W. W. OsBORNE,
RuFus W. RoBERTS.

On motion of Mr. Osborne, the foregoing report was adopted.

The following mei!Sage was received from the House, through Mr. Hardin, the Clerk:

Mr. President:
The report of the Committee of Conference on the Appropriation bill for the years 1895 and 1896 (No. 5~) has been adopted by the House, and they are now ready to adjourn ~tine die.

Mr. Harris, of the Twenty-second District, offered the following resolution:

WEDNESDAY, DECEMBER 12, 1894.

585

Resolved, That the thanks of this Senate be tendered to the Hon. W. H. Venable, President, for the faithful, courteous and impartial manner in which he has discharged his duty as the presiding officer of this Senate, and we assure him that the best wishes of every member of this body will follow him into the coming year.
This resolution was unanimously adopted.

Mr. Mercer offered the following resolution, which was read and agreed to, to wit:
Resolved, That the Senate regrets that its President is unable to be present at the closing hours of this session, and hopes that he will soon recover from his indisposition.
Mr. Sheppard offered th~ following resolution, which was read and unanimously adopted :

Resolved by the Senate, That the thanks of this body are extended to our worthy and able President pro tern., the Ron. C. H. Brand, for the able and impartial manner in which he has presided over the deliberations of the Senate.
:Mr. Sheppard introduced the following resolution, which was read and unanimously adopted:
Resolved by the Senate, That we tender the thanks of this body to the Secretary and his assistants for the able and efficient manner in which they have discharged the duties of their offices.

Mr. Bussey offered the following resolution, which was unanimously adopted :

Resolved, That the thanks of the Senate be tendered the messenger, door-keeper, and their assistants for their efficient and faithful services to this body.

586

JOURNAL OF THE SENATE.

Mr. Bussey, chairman of the Joint Committee appointed to investigate the state of business in the two Houses, reports that it is probable that the Legislature will be ready to adjourn at 12 o'clock, midnight.

The following resolution, offered by Mr. McGarity, was read and adopted :
Resolved, That the thanks of the Senate be extended to the able journalizing Clerk, J. Troup Taylor, for the . faithful manner in which he has discharged the duties of his office.
The following resolution, introduced by Mr. Brand, was read and unanimously adopted :
Resolved, That the thanks of Senators are tendered to Miss Pet Mansfield, daughter of the Hon. Joseph Mansfield, Representative of the county of Mcintosh, for lighting up the closing hours of the present term of the Senate with her presence.
Resolved further, That a copy of this resolution be furnished by the Secretary to Miss Mansfield.

Mr. Sharpe, chairman of the Committee on Enrollment, submitted the following report :
Mr. President:
Your committee have examined and found duly enrolled and ready for the signatures of the President and Secretary of the Senate, and Speaker and Clerk of the House of Representatives, the following Senate acts, to wit :
A.n act to repeal an act to amend the charter of the city of Milledgeville, approved February 15, 1876, and for other purposes.

WEDNESDAY, DECEMBER 12, 1894.

587

Also, an act to amend an act to incorporate the South Georgia Bank of Waycross, approved August 16, 1889.

Also, an act to regulate the law of assignments for the benefit of creditor~, and for other purposes.

Also, an act to provide for the appointment of Auditors, to prescribe their duties, and for other purposes.

Also, an act to amend an act entitled an act to amend section 3149(a) of the revised Code of 1882, approved November 12, 1889.

Also, an act' to amend section 4587 of the Code of 1882.

Alsoan act to amend section 2183 of the Code of Georgia of 1882.

Also, an act to provide for third-class. roads, and for other purposes.
Respectfully submitted. EDWIN R. SHARPE, Chairman.

Mr. Sharpe, chairman of the Committee on Enrollmeni, submitted the following report:
Mr. President :
The Committee on Enrollment have examined the following acts and resolution and find them duly enrolled and ready for the signatures of the President4and Secretary of the Senate and Speaker and Clerk of the House of Representatives, to wit:
An act to provide for the sale of the Northeastern Railroad, and for othe~ purposes.

588

JouRNAL OF THE SENATE.

Also, an act to provide for the probate of foreign wills and the issue of letters testamentary thereon, aud for other purposes.

Also, an act to amend an act to carry into effect article 3, section 7, paragraph 18 of the Constitution of this State, etc.

Also, an act to provide for a local Board of Trustees for the Middle Georgia Military and Agricultural College, and for other purposes.

Also, an act to provide for descent of property when persons are lost under circumstances where it is impossible to determine which died first, and for other purposes.
Also, an act to provide a uniform system of exercising the right of condemning, taking, or damaging private property.

Also, a resolution to appoint a committee of three from the Senate and five from the House to examine the work of the Commissioners to codify the laws of Georgia, and to report their action to the next session.
Also, an act to amend the charter of the city of Macon, and for other purposes.
Respectfully submitted. EDWIN R. SHARPE, Chairman.

Mr. Sharpe, chltrman of the Committee on Enrollment, submitted the following report:
Mr. President: Your Committee on Enrollment have examined and
found duly enrolled and ready for th~ signatures of the

WEDNESDAY, DECEMBER 12, 1894.

589

President and Secretary of the Senate and Speaker and Clerk of the House of Representatives the following Senate acts, to wit :

An act to provide for and regulate the business of insurance brokers in this State, and to authorize insurance to be procured by them beyond the limits of this State upon property within this State, and for other purposes.

Also, an act to be entitled au act to amend section 2783(a) of the Code of 1882, by inserting after the word "December," in the third line thereof, the words "and any oth'r day d'c}ared by the law of Georgia to be a public holiday," and for other purposes.

Also, an act to provide for and regulate the way and manner in which returns of property for taxation shall be made to the lawful authorities of the city of Milledgeville, to require the owner of such property, in making such returns, to give a full description and identification of the same, and for other purposes.
Also, an act to fix a .lien in favor of persons furnishing material and supplies to railroad companies, etc.
Also, an act to amend the charter of Waycross approved November 1, 1889, and for other purposes.

Also, an act to make it penal for any person or persons to aid or assist, or attempt to aid or assist, any patient to escape from the Lunatic Asylum.

.Also, an act to decrease the tuition required of non-resident students of the State Technological School, and for other purposes.

590

JouRNAL OF THE SENATE.

Also, an act for the levy and sale of property where the
defendant in fl. fa. has an interest therein, and for other
purposes.

Also, an act to regulate benevolent institutions in this State, etc.

Also, an act to repeal an act approved March 2, 1874, incorporating the town of Whitesburg, in the county of Carroll, and to reincorporate the same.

Also, an act to amend section 2626 of the Code of 1882, authorizing the levy and sale of bank or other corporation stock, and for other purposes.

Also, an act to provide for the registration of the qualified voters of Harris county.
Respectfully submitted. EDWIN R. SHARPE, Chairman.

Mr. Sharpe, chairman of Committee on Enrollment, submitted the following report:
Mr. President : Your committee have 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 of Representatives, the following acts and resolutions:

An act to amend an act entitled an act to regulate banks, and for other purposes, approved October 10, 1891.
Also, an act to amend section 279 of the Code of 1882, concerning the appointment of Judges of County Courts.
Also, an act to amend an act to revive the office of State Geologist, and for other purposes.

,

WEDNESDAY, DECEMBER 12, 1894.

591

Also, a resolution rati(ving certain provisional settlements in reference to the Western and Atlantic Railroad.

Also, a resolution instructing the Public Printer to pro-

ceed at once to publish the acts of the present session of

the General Assembly of 1894.



Also, a resolution expressing the thanks of the General Assembly to Lieutenant C. B. Satterlee for his services in behalf of the military of this Stat~.

Also, a resolution authorizing the Commissioner of Agriculture to aid in collecting exhibits, etc.
Also, a resolution to relieve Samuel WalkP.r, President, principal, Daniel B. Sanford ,and Adolph Joseph, securities, from liability on a bond payable to the Gevernor of the State, bearing date June 27,1882.
Also, a resolution to relieve the London Guarantee and Accident Company of London, England.

Also, a resolution to appoint James A. Green, of Milledgeville, agent of the State of Georgia, to examine into and ascertain if any sum or sums are due the State on account of expenses incurred or advances made for the United States government in 1792, 1793, 1794, and 1796, in the war of 1812, and fiH other purposes.

Also, an act to amend section 2783 of the Code of 1882, and for other purposes.

Also, an act to provide for the incorporation of street and suburban railroads.



592

JOURNAl. OF THE SENATE.

Also, an act to further regulate and prescribe the duties of the Board of Visitors and Trustees of the University of Georgia, and for other purposes.
A.lso, an act to amend the chart.er of the Macon Savings Bank.

Also, an act to authorize and empower the South Carolina and Augusta Railroad Company, a railroad corporation chartered or to be chartered by the laws of the State of South Carolina, to construct its railroad from its terminus in South Carolina to and into this State to some point in or near the city of Augusta, and through the same, and for other purposes.
Respectfully submitted.
EDWIN R. SHARPE, Chairman.

The President pro tempore, at the hour of midnight, declared the Senate adjourned sine die.



INDEX
TO THJ<;
SENATE JOURNAL
FOR THE
YEAR 1894.

INDEX.
PART I.
MEMBERS AND OFFICERS OF THE SENATE OF GEORGIA 1894.
President, WM. H. VENABLE, 35TH DISTRICT, ATLANTA.
President Pro Tempore,
c. H. BRAND, 34TH DISTRICT, LAWRENCEVILLE.
&cretary, WM. CLIFTON, DARIEN.
Assi.stant Secretary,
s.. CHARLE'3 NORTHEN, ATLA~TA.
Journal Clerk, J. TROUP TAYLOR, ATLANTA.
Calendar Clerk,
c. A. GRADOT, SAVANNAH.
Reading Clerk,
J. c. NISBET, TRENTON.
Engrossing Clerks, J. E. MARTIN, MADISON. J. J. REYNOLDS, WAYNESBORO.
Message Clerk, ALBERT FOSTER, MADISON.
Messenger, FLYNN HARGET, JR.; HARDEHAN.
Door-Keeper, R. E. WIL'30N, SPRING PLACE.

596

INDEX.

First District-Chatham, Bryan and Effingham. W. W. OSBORNE ........................................................Savannah.
Second District-Liberty, Tattnall and Mcintosh. W. W. SHEPPARD...............................................J.ong Branch.
Third District-Wayne, Pierce and Appling. S. R. HARRIS- ...................................................... Jesup.
:Fourth District-Glynn, Camden and Charlton. J. J. UPCHURCH.................................................... Wainwright.
Fifth District-Coffee, Ware and Clinch. LEON A. WILSON .......................................................Waycross.
Sixth District-Echols, Lowndes and Berrien. M. J. McMILLAN ........................................................Alapaha.
Seventh District-Brooks, Thomas and Colquitt. J. B. NORMAN, Jn..................................................Lennox.
Eighth District-Decatur, Mitchell and Miller. C. C. BUSH ....................................................................Colquitt.
Ninth District-Early, Calhoun and Baker. J. E. MERCER.....................................................~ ............Leary.
Tenth District-Dougherty, Lee and Worth. W. L. STORY............................................................... Warwick.
Eleventh District-Clay, Randolph and Terrell. J. B. BURSEY.............................................................. Cuthbert.
Twelfth District-Stewart, Webster and Quitman. J. EVERETT HARRIS.................................................Oakgrove.
Thirteenth District-Sumter, Schley and Macon. E. B. LEWIS................... ., ......................................... Montezuma.
Fo-~rteenth District-Dooly, Wilcox, Pulaski and Dodge. BALDY RYALS...........................................................Eastman.
Fifteenth District-Montgomery, Telfair and Irwin. GEO. K. WILCOX........................................................Irwinville.
Sixteenth District-Laurens, Emanuel and Johnson. J. L. KEEN........................................................................ Dodo.
Seventeenth District-Screven, Bulloch and Burke. U. P. WADE ....., ...,........................................................Sylvania.
Eighteenth District-Richmond, Glascock and Jefferson. BRYAN CUMMING...................................................... Augusta.
Nineteenth District-Taliaferro, Greene and Warren. C. E. McGREGOR..................................................... Warrenton.

INDEX.

597

Twentieth District-Baldwin, Hancock and Washington. RUFUS W. ROBERTS............................................Milledgeville.
Twenty-first District-Twiggs, Wilkinson and Jones. W. J. HARR_ISON.......................................................Big Sandy.
Twenty-second District-Bibb, Monroe and Pike. N. E. HAR-RIS...............................................................Macon.
Twenty-third District-Houston, Crawford and Taylor. B. W. SANFORD..................................................Everett Station.
Twenty-fourth District-Muscogee, Marion and Chattahoochee. G. P. MONRO ........................................................Buena Vista.
Twenty-fifth District-Harris, Upson and Talbot. B. H. WILLIAMS...................................................... Hamilton.
Twenty-sixth District-Spalding, Butts and Fayette. W. C. BEEKS..................................................................Griffin.
Twenty-seventh District-Newton, Walton, Clarke, Oconee and Rockdale.
W. J. MORTON............................................................. Athens.
Twenty-eighth District-Jasper, Putnam and Morgan. W. A. BROUGHTON ..................................................... Madison.
Twenty-ninth District-Wilkes, Columbia, McDuffie and Lincoln. C. C. SNEAD...................................................................Parnell.
Thirtieth District-Oglethorpe, Madison and Elbert. DR. N. G. LONG ............................................................ Elberton.
Thirty-first District-Hart, Habersham and Franklin. W. R. LITTLE ........................................................... Carnesville.
Thirty-second District-White, Dawson and Lumpkin. M.G. BOYD:............................................................. Dahlonega.
Thirty-t:P,ird District-Hall, Banks and Jackson. T. S. JOHNSON.............................................................Jefferson.
Thirty-fourth District....,...Gwinnctt, DeKalb and Henry. C. H. BRAND ......................................................... Lawrenceville.
Thirty-fifth District-Clayton, Cobb and Fulton. W. H. VENABLE .........................................................Atlanta.
Thirthysixth District-Campbell, Coweta, Meriwether and Douglas. T. R. ~HITLEY......:.............................................. Douglasville.

INDEX.

PART II.

SENATE BILLS AND RESOLUTIONS.

ADJOURNMENT, Sine die......... ........ ......... ......... ..... 592
ADMINISTRATORSA Bill-Requiring administrators and executors to draw dividends from corporations, etc..... ...... .......... 13

ATKINSON, W. Y. HON.-
Declared elected Governor.......................................... Inauguration of..........................................................

BANKS-

A Bill-To amend the charter of the Coweta Bank...... 61 164 317 To amend an Act to regulate banks ............ 139 182 189 To amend the charter of the South Georgia Bank of Waycross .... ..... ...... ...... ........ .. .... 180 282 373 386 To amend the charter of Macon Savings Bank 382 140
433 444
To authorize State Banks to issue circulating notes 411 412
426 436-

CABANISS, H. H. HON.-

Organized Senate as Secretary pro tem. of last

Senate......................................................

3

CANDLER, A. D. HON., SECRETARY OF STATE-

Submitted certified list of Senators-elect............

3

Submitted the vote cast at last general election

14

Declared elected Secretary of State ... .. .. .. ...

17

CLIFTON, WM. HON.-

Elected Secretary of Senate................... .........

6

Took the oath of office........ ...... .... ...... .........

7

Instructed to inform the House of organization

of the Senate........................ ......... ............

10

59.~

CODE-AMENDMENTS 01!'-
A Bill-To amend section 2573............... ,....... . ..... 13 130 To amend section 4766 of the Code........ ...... 63 67 To amend section 4587 of the Code...., ..... 68 136 141
To amend an Act tO amend section 3149(a) of
' the Code............................. 68 414 428 496 To amend section 1252 of the Code .................. 122 185 To amend section 3149(a) of the Code.............. 122 To amend section 2626 of the Code............ 123 143 150 To amend section 1103(ss) of the Code............ 128 To -amend section 2039(b) of the Code... 135 205 209 385 To amend an Act to amend section 5719 of the '
Code.................................................... 144 205 209
To repeal section 1496 of the Code.................. 147 To repeal section 2183 of the Code ........ .. ...... 165 To amend section 2183 of the Code............ 165 190 210 To repeal section 2057(z) of the Code............... 165 To amend sect.ion 1953 of the Code................. 165 To amend section 1496 of the Code.......... ........ 171 'J'o amend section 1329 of the Code........... ...... 214 To amend section 279 of the Code.............. 267 316 382 To amend section 2057(f) of the Code ........ 291 315 367 To amend section 3084 of the Code.................. 291 To amend section 752 of the Code..... ........ ...... 301 To amend section 2785(a) of the Code.............. 371 409 To amend section 2785 of the Code ............ 371 387 410 To amend section 2783(h) of the Code............. 371 387 To amend an Act to amend an Act to repeal sec-
tion 4618 of the Code......................... 371 387 405 To amend section 4652 of the Code................... 372 455 To amend section 1455(h) o( the Code........ 387 413 To repeal section 2040 and 2049 of the Code...... 289

CO:MMITTEES-

To inform the President of his election, etc ......

6

To select a Chaplain ...... .. ........ ......... ..... ......

8

To inform the Governor of the organization of

the Senate and House .... ..... ......... ..... ... .....

9

On officers to be elected ........................., ....

10

On Privileges and Elections .......~ ......... ........

12

To inform the Governor-elect of his election,

and learn his pleasure as to his inauguration

48

On Invitations to the Dixie Fair....... .............

51

To conduct the pupils or the Girls' Industrial

School from the c.ars to the Capitol ...... ........

54

600

INDEX.

COMMITTEES-Continued-

On Rules.....................................................

72

On Relief of Supreme Court...........................

73

Standing Committees....................... ....... ......

74

On General Registration ..... ...... .... .. .. .... ......... 121

On General Elections............ .... ......... ...... .. ... 121

To inquire into date of expiration of convict

lease ......... ......... .................... ..... ...... 129

Additions to various Committees............... 130, 309, 370

To confer with State Board of Health......... ..... 133

On condition of Northeastern Railroad... . ...... 134

On a general election law ..... ......... ............ 138

On drafting bill for summer sessivns ............... 166, 170

On appropriations to Military and Agricultural

College of Milledgeville..............................

To attend commencement exercises of the

State University ........ .................. ...... ......... 174

Mr. Cumming, on account of his eyes, relieved

.from Chairmanship of Engrossing.................. 294

Mr. Whitley assigned to various Committees... 294

On funeral of Ex-Senator Brown, Messrs. Shep-

pard, Beeks and Cumming........ .. ... .. .... ..... 315

On report of Special Committee on W. & A.

Railroad .. ......... ......... ......... ....... .. .. ....... ...... 373

To visit the Girls' Normal and Industrial School

at Milledgeville ......................................... . 496

To equalize the labor of Judges of the Su-

perior Court .....................................: ......... 527

On hour of adjournment, sine die ............ ....... 57i

To visit the Colored School at College, Georgia... 582

On General Appropriations .............................. 682-583

CONSTITUTION-AMENDMENTS OF, ETC.-

A Bill-To amend par. 2, section 2, article 7, of the Con-

stitution.................................................46 223 385

To amend the Constitution so as to provide for

election of Judges and Solicitors by the peo-

ple ........... ....................................... ........ 73 431

'.ro repeal portions of an Act to enforce par. 2,

section 18, article 6 of the Constitution.........

90

To amend an Act to enforce article 3, section 7,

par.18, ofthe Constitution ........................136 142 166

To amend par. 1, section 12, article 6, and par. 2,

section 3, article 6 of the Constitution......... 164

INDEX.

601

CONSTITUTION-AMENDMENTS OF, ETc.-Continued-
To amend par. 1, section 3 of article 8 of the Constitution....... ....... .... . ........ ...... ...... ...... 190
To amend pat. 2, section 1, article 2 of the Con stitution ...........................,. ................... 194 269 415
To amend pars. 2 and 3 of section 3 of article 6, par. I of section 11 of article 6, and par. 1 of section 12 of article 6 of the Constitution.................... .................................... 213
'l'o amend an Act to enforce par. 18, section 7 of article 3 of the Constitution ............... 382 455 520
To amend article 3, section 4, par. 3 of the Constitution ..... ...... ......... .... . ..... ..... ...... ......... 432
To amend article 3, section 4, par. 6 of the Constitution.. ...... ...... ...... ..... ...... ...... ..... ......... 432
To amend article 3, section 9, par. 1 of the Constitution .. .. .... ...... .. .... ......... ... ...... ..... ......... 432

COUNTY COMMISSIONERS-
A Bill-To repeal an Act vesting certain powers over roads in County Commissioners, etc., etc ...... 128 186
To repeal an Act to create a Board of Commie- sioners of Cnrroll County ............134 143 166 172, 302
COURTS-SUPERIOR, AND. JUDGES.-
A Bill-Authorizing Judges of Superior Courts to fix times for holding court in each county ......... 121 139
To authorize Judges to hear and determine any motion in vacation whic~ does not require the intervention of a jury ............................128 225 266
To change time of ho!diog Superior Courts of Bartow and other counties of the Cherokee Judicial Circuit.....................................133 205 209
COURT-SUPREME, AND OFFICERS THEREOF-
A Bill-Relating to the disposal of small cases in the Supreme Court........................................,. ........ 139 270
DEEDS AND MORTGAGES-
A Bill-To provide for the attestation and record of deeds made out of the State................................. 179 383
To provide for recording chattel mortgages and mortgages on real estate in separate books.290 317 412

602

INDEX.

DISTRICT COURTS OF APPEAL-

A Bill-To establish District Courts of Appeal in this

State...........................................................

74

DIVORCE-
A Bill-To provide for divorces in cases of permanent insanity, etc........................... ....... ..... ...... 122

EDUCATIONAL INSTITUTIONS AND LAWS-
A Bill-To amend an act providing a local board of Trustees for the Military and Agricultural College at Milledgeville ...........................46 166 173
To establish Public Schools for Madison, Ga., 61 72 140 Regulating payment to teachers of Common
Schools ....... .... ......... .. ...... ......... ......... ...... 122 To reduce the tuition of non-resident pupils of
the Techn>logical School..... .. .. .... ...... ..... 127 225 267 T.o prescribe the duties of Board of Yisitors and
Trustees of the State Universiiy ..............213 412 427

ELECTIONS-

Venable, Wm. H. Hon., elected President of the

Senate.......................................................

5

Clifton, Wm. Hon., elected Secretary ....... ......

6

Brand, C. H. Hon., elected President protem. 6 7

Wilson, R. E. Hon., elected Doorkeeper...........

7

Hargett, Jr., Flynn Hon., elected MeFsenger......

7

Watkins, C. C. Rev., elected Chaplain..........

8

Hon. Thomas J. Simmons eletced Chief Justice

ofthe Supreme Court for unexpired term......

62

Hon. Spencer Atkinson elected Associate Jus-

tice of Supreme Court for unexpired term .....

28

Hon. Spencer Atkinson elected Associate Jus-

tice for the full term......... ...... ... . .... ...... ......

62

Hon. J. L. Hardeman elected Judge of Superior

Court for unexpired term .. ..... ...... .... ..... ......

62

IIon. E. H. Callaway elected Judge of Superior

Court for full term......... ......... ... .. ... ...... ......

63

Hon. J. L. Sweat elected Judge of the Bruns-

wick Circuit for full term......... ......... .........

63

A Bill-To change the time of electing county officers... 63 136

Hon. A. H. Hansell elected Judge of South-

western Circuit ..... ...... ......... ...... ... ...... ......

64

INDEX.

603

ELECTIONS-Continued-

Hon. Seaborn Reeseelected Judgeof the North-

ern Circuit for unexpired term......... ...... .....

64

Hon. Marcus W. Beck elected Judge of the

Flint Circuit for full term ...... . ......... . .......

65

Hon. W. T. Turnbull elected Judge of Rome

Circuit for full term............... ......... ..... .....

65

Hon. C. G. Janes elected Judge of Tallapoosa

Circuit for full term ...... .... .. ... ...... ... ... .......

65

Hon. W. T. Roberts, elected Solicitor-General

of Tallapo!!a Circuit....................................

65

Hon. J. M. Griggs elected Judge of the Pataula

Circuit ............ .......................................

68

Hon. Roger L. Gamble, Jr., elected Judge of the

Middle Circuit.............................................

68

Hon. N. L. Hutchins elected Jud~e of the West-

ern Circuit ........ ...... ...... ...... .............. .........

69

Hon. John J. Kimsey elected Judge of the

69

Northeastern Circuit ...................................

Hon. Howard Thompson elec~d Solicitor-Gen-

eral of the Northeastern Circuit.....................

69

Hon. James M, DuPree elected Solicitor-General

of Southwestern Circuit to fill unexpired term

of Hon. C. B. Hudson, deceased.................

69

Hon. J. C. Hart elected Judge of Ocmulgee

Circuit........................... ........ ................. ..

69

Hon. 0. H. B. Bloodworth elected Solicitor-Gen-

eral of the Flint Circuit for unexpired term

oi Hon. M. W. Beck......... ....... .... ...... ......

69

Hon. Patrick Walsh elected in the Senate to fill

as U.S. Senator the unexpired term of Hon.

A. H. Colqnitt, deceased..............................

95

Hon. A. 0. Bacon elected U. S. Senator for the

full term commencing March 4, 1895 ..... .....

96

On consolidation of the votes of the two Houses,

Hon. Patrick Walsh was declared elected U. S.

Senator for the term expiring March 4, 1895... 125

On consolidation of the vote of both Houses

cast for the U. S. Senator for the full term,

commencingMarch4, 18115, Hon. A. 0. Bacon

was declared elected......... ...... ...... .. .... ........ 125

A Bill-To amend the election laws of this State........ 170

To amend an Act regulating Municipal elections

in Savannah ...................................180 187 224 303

604

INDEX.

EXECUTIVE SFilSIONtL......................... 142 170290 456 549 fl63

GARNISHMENT LAWS-
A Bill-Requiring notice to the garnishee of traverse of his answer .........................................144 181 189
To declare bow any corporation, etc., m ay answer summons of garnishment ..............147 199 209

HARDEMAN, R. U. HON.-

Declared elected State Treasurer...... .. .. .... .. ....

17

HARGETT, JR., FLYNN HON.-

Elected MeBBenger of Senate ..........

7

HUNTING AND FISHINGA Bill-Making it unlawful to fish on the Sabbath day .. 164

INAUGURATION-

Of Governor W. Y. Atkinson.........................

35

INSURANCE LAWS-
A Bill-Authorizing insurance brokers to insure prop erty in this State, etc ...................... 148 223 369 544
To amend the insurance law so as to lessen amount of deposits required......... ......... ...... 194
To amend an Act relating to the ~rant of corporate powers to insurance companies.............. 199
To amend section 4 of an Act to regulate the busintlss of insurance......... ........ ........... .... 302
To amend an Act to regulate the business of insurance, approved October 24, 1887.. ........ ...... 316

INVITATIONS-
To the Dixie Fair at Macon ............................. To visit the 'l'echnological School........ ........... To a musical and literary entertainment at D.)ug-
lasville ....................................................

48 51 175
I
385

INDEX.

605

JOINT HFBSIONS-

To open, count, and declare the votescastat the

last general election ..............................15 16 17 18

To inaugurate the Ron. W. Y. Atkinson, Gov-

ernor-elect............................................ ... ..

55

ToelectJudges and Solicitors......... 62 63 64 65 68 69

To consolidate tbe votes cast by the two Houses

for U. S. Senators...................................... 124 125

JUDICIAL CIRCUITS-

A Bill-To create Eastman Judicial Circuit..................

90

JURIES, ETC-
A Bill-To secure impartial trials by jury in criminal cases ......................................................290 317 385

LIENS--
A Bill-To fix a lien in favor of persons furnishing supplies to railroads....................................213 317 383

LIQUOR LAWS--
A Bill-To abolish bar-rooms, etc .............. 127 190 288 361 372 To prohibit corporate authorities of Summerville, Chattooga county, from granting license to sell liquors ........................................... 170 199 212 224 To regulate the sale of liquor in this State......... 290

McGREGOR-CHAS. E. HON.-

Nominated for President of Senate..............................

5

MEMORIALS-
A number of memorials, all relating to tax on churches, schools, etc., were laid before the Senate and referred to the General Judiciary Committee, from time to time.
A memorial on land scrip fund...... ......... ......... 426

MESSAGES-FRoM HousE-
9 10 12 13 47 54 59 71 84 89 120 123 141 146 148 156 171 178 190 212 22'2 228 270 282 298 314 368 375 390 422 437 443 449 45l 458 466 489 502 511 524 538 561 563 566 570 572 575 576 578 581 584

606

INDEX.

ME&i!AG ES-ExECUTIVE-
11 14 16 19 to 41 42 to 45 47 49 58 66 67 93 142 170 232 289 312 313 .381 384 446 509 549 563 574
MISCELLANEOUS BILLS-
A Bill-To protect the good name of innocent women, etc......................................................... S.''i 143 151
To change the time for the meeting of the General Assembly ........................................... 127 409
To regulate benevolent institutions of this State .................................................. 133 319 383
Requiring county surveyors to mark lots surveyed by them with rock or iron corners........ 164 433
To provide for additional State depositaries...... 173 To amend section 1 and 2 of an Act approved
December 30, 1890, etc................................. 179 To create the office of county treasurer of Twiggs
county ................................................. 214 269 303 To consolidate the offices of treasurer and ordi-
nary of Gwinnett county, etc............ ........... 221 To authorize females to hold certain offices, etc. 221 288 To define the rights of landlords........... 290 317 442 457

MUNICIPAL CORPORATIONS-

A Bill-To proYide a mode of awending the charters of

cities and towns.............. ........ ..... ...... ...... 121

To repeal the charter of Whitesburg and create

a new charter therefor............................ 134 182 188

Making it unlawful for municipal corporations

to tax non-resident ,traders or their agents...... 164 402

417 442

To amend an Act regulating municipal elections

in Savannah.................................... 180 187 224 303

To amend the charter of the city of Waycross ... 200 225

266

To amend the charter of the city of Macon...221 368 427

To amend the charter of the town of Statham... 290 409

To repeal an Act to amend the charter of Mil-

.

ledgeville ......... ......... ..... ... ......... ......... ...... 302 372

To provide for tax returns in the city of Mil-

led!leville ....................:.. ... ......... ..... ........ 302 372

To provide for speedy trial of certain criminal

cases............................... ........ ...... ............ 382

To amend the charter of the town of Helena... 490 520

INDEX.

607

NESBITT, R. T. HON.--

Declared elected Commissioner of Agriculture..

17

NORTHEN, CHARLES S. HON.-

Took the oath as Assistant Secretary ..... .........

7

Elected Secretary protem. (by resolution).......... 288

NORTHEN, W..T. EX-GOVERNOR-

Delivers seal to Governor W. Y. Atkinson.....

56

ORGANIZATION ..........................................................3 4 5 6 7

PENAL LAWS-
A Bill-To make it penal to assist inmates of the Lunatic :Asylum to escape ........................................ 91 143 157

PERSONAL PRIVILEGES-

By Mr. McGregor................... ...... ......... .........

59

By Mr. McGregor...........................................

456

By Mr. Harris of the 22d District .. ......... ......... (57

By Mr. Cumming, in behalf of the Speaker...... 458

PRACTICE-

'
A Bill-To provide for probate of foreign wills ........... 61 130 140

To provide a uniform method of condemning

private property, etc .......................... 61 148 152 187

To provide for levy and sale of property where

defendant does not hold the legal title but has

an interest therein ................ ..:... 61 199 208 304 536

To prevent certain persons from taking as heir,

etc............. ......... ...................... ............... 61 208

To provide for descent of property in certain

cases............ ...... ...... ... ........ ......... ......... 61 130 140

To repeal an Act to regulate pleadings in this

State..................................................... 15 402 428

To regulate the law of assignments.for benefit of creditors, etc.. ~. :.............................. 73 224 283 292

To provide for appointment of auditors, etc. 73 224 291

To define how service may be effected on certain



corporations having property but no agent,

etc., in this State....................... .. ..... ......... 91 382

To regulate the practice as to motions for new

trials, etc.................... ........ ......... ....... 127 2tl5 292

608

IN;DEX.

PRACTICE-Continued-
To provide for pleading failure of consideration in cei:tain cases...... ......... ....... ...... ...... ......... 165
To provide a method of serving bills of exception on non-resident and unrepresented defendants in error....................................... 179 317
To allow inspection of property by jurors in certain cases...... ......... ...... ......... ...... ... .. . . 221 316 366
To repeal the law defining court contracts, etc................................................ ....... 265 288 315
To prescribe the method of changing venue in criminal cases............. ... ... ..... ......... .. ... 291 316 405
To regulate the practice in creditors' bills, etc... 361 To preserve the public morals by less publicity
in trials in the courts................................... . S61

PRAYER OFFERED AT ORGANIZATION-

By Rev. C. C. Watkins, by request of tlie Secretary protem.

5

QUALIFICATJON OF SENATORS-ELECT-

Oath administered by Hon. C. J. Wellborn,

Judge of the Northeastern Circuit..................

5

Hon. T. R. Whitley took the oath of office........ 282

RAILROADs-
A Bill-To provide for incorporation of street and suburban railroads ................................74 136 141 166 187
Authorizing the extension of the South Carolina Railroad into this State, etc .........194 43S 441 570
Requiring railroad companies to provide spark arresters............ .............. ............... ...... 316
Requiring railroad companies to keep their right of way clear.........:...................................... 316
To provide for the sale of the Northeastern Railroad ........................................ 361 373 402 517

RECONSIDERA'riONS _,.

Of action on report of Committee on visit to Interstate

Fair at Macon........ . ..... ...... .... . ...... ....... ..... ........

70

Of resolution of Mr. McGregor ..... ....................... ..... 131

A Bill to provide a uniform method of exercising the

right of condemning private property, etc............. .... 155

Of Bill providing for registration in Scre.ven .county...... 285

'

INDEX.

609

RECONSIDERATIONS-Continued-
Of Bill prohibiting municipal corporations to tax nonresident manufacturers, etc......... ......... .................... 417
Bill to repeal an Act to regulate pleading..................... 435

REGISTRATION LAWS-
A Bill-To provide for registration in Harris county, 180 199 214 To provide for r~gistration in Scr~ven county 213 225 283 285

REPORTS-

Of Committee to select a Chaplain ................................

Of Committee to inform the Governor of organization of

Senate and House...................................................

11

Of Committee on officers to be elected......... ...... ... ........

4.6

Of Committee to wait upon the Governor-elect, etc ......

53

Of Committee to report on day of visiting Interstate

Fair .................................................................... .

67

Of Special Committee on election of U. S. Senators ........ 86 87

Of Committee on Halls and Rooms ............................. .

87

Of General Judiciary Committee ...... 129 134 138 142 160 169 184

188 206 216 217 286.296

( Minority Report 297)

313 370 376 378 379 392

( Minority Report 394 )

399 423 424 428 430 436

450 451 452 477 488 493

507 512 527 544 560 o79

Of Committee on Enrollment...... ................ 132 3U8 486 513 586

587 588 590 592

Of Committee on Academy for the Blind......................

293

Of Committee on Corporations ..,......142 161 215 216 291 318 368

:l89 402 468 502 513 541 542

Of Special Committee on Change of Time for Meeting of

the General Assembly....... ........ ......... ................. .. 410

Of Committee on Education ............145 185 227 391 451 469 487

Of Special Committee to Inspect and Report on Buildings

and Grounds of the State University.... ... ....... ......... 405

Of Special Judiciary Committee ......145 162 163 169 172 186 192

210 211 265 :.:!68 288 289 298

319 365 376 381 395 400 442

464 465 491 510 533 547 548

Of Committee on Rules................................... 98 14.8 149 157

610

INDEX.

REPORTS-Continued.
Of Committee on Banks....................... 156 183 270 309 364 424 435 439 470 506 547
Of Committee on Privileges and Elections.............. -161 193 271 Minority Report by Mr. McGregor................................ 274 Of Committee on Engrossing .................162 177 200 222 230 269
289 304 363 374 396 422 452 465 496 548 Of Special Committee on Relief o{ Supreme Court......... 229 Of Committee on Internal Improvements..........~...... 163 Of Committee on Roads.......... ...... ...... ...... ........ ......... 168 Of Committee on Public Schools .............................168 505 525 Of Committee on Temperance .................... 186 193 223 287 469 Of Committee to rlraft resl)lutions on the life of exSenator Jos. E. .Brown. ........ ..... ........ ......... ............ 320 Of Committee on Northeastern Railroad....................... 321 Of Committee on Public Roads........................... ........ 365 Of Committee on Military Affairs ................................ 390 499 Of Committee on Railroads....... ..................... 399 498 526 579 Of Committee on the Penitentiary................................ 417 Of Special Committee on Report of Special .Utorney of the W. & A. R. R.. ..... ..... ...... ...... .... . ............... ...... 425 Of Committee on the State of the Republic..............454 455 553 Of Committee on the Lunatic Asylum......................... 195 Of Joint Committee on final adjournment..................... 586 Of Committee on Finance ................... 207 287 364 400 439 440 467 468 507 528 543 580 583 Of Committee on Agriculture ................................ 308 424 491 Of Special Joint Committee on Expiration of Convict I.ease........ ........................................ ......... 212 Of Special Committee to investigate the claims of the Middle Georgia Military and Agricultural College .......... ......... ......... ......... .. ... ..... ....... 218 Of Committe on School for the Deaf................... ......... 216
ROAD LA.WS-
A Bill-To amend thP. public road laws of this State...... 133 To provide for third-class roads.................. 194 387 401
SOLICITORS-GENERAL-
A Bill-To abolish the fees of Solicitors-General, etc ... 73 186
STATE GEOLOGIST-
A Bill-To amend an Act to revive the office of State Geologist ..............................147 165 171 190 200 569

INDEX.

611

STATE LIBRARIAN-
A Bill-To authorize the State J~jbrarian to appoint and remove his ABBistant............................... 290 316 385

'TAX LAWS AND TAX OFFICERS-
A Bill-To amend an Act to provide a system of railroad taxatiop........ ............. ..... ............... ............ 133
To exempt notes of vendees from taxation........ 147 To exempt notes received by~vendors for real or
personal property from taxation.................... 147 To prescribe a salary for Tax-Collector andRe-
ceiver of Carroll county ....;. ........ ......... ...... 221 To amend the General Tax .Act of 1892, section
2, para_graph 3, etc......... ....... ......... ...... ...... 426

'TERRELL, J. M. BON-

Declared elected .Attorney-General ......... .........

17

VENABLE, W:r.r. H. HON.-

Eiected President of the Senate........................

5

.Announced reference to be made of contests

to .Committte on Privileges and Elections so

soon as appointed........................... .. .... .....

11

.Announced Committee on Privileges and Elec-

tions................... ................. ...... ...............

12

W .ADDELL, F. M: ESQ.-

Nominated for Secretllry of. Senate ........ .........

6

"WHITEHEAD, W. T., ESQ.-

Nominated for Doorkeeper..................... .........

7

"WILSON, R. E. HON.-

Eiected Doorkeeper of the Senate.. ........ .........

7

WILSON, W. W. ESQ.-

Nominated for Messenger of Senate ........ .........

7

WRIGHT, WM .A. HON.-

Declared elected Comptroller-General...............

17

612

INDEX.

RESOLUTIONS OF SENATE-

A Resolution-Providing a Committee to select a Chap-

lain for the Senate.................. ..... ......

8

Authorizing the President to appoint

Gallery Keepers and Pages..................

8

Adopting, temporarily, the Rules Qf the

last Senate ........ ...... .. .... ...... ...... ........

8

To appoint a Joint Committee to notify

the Governor of the organization of the

Senate and House. .... ...... ...... ........ ...

9

Authorizing Secretary to employ a porter

to wait upon Standing Committees.........

9

Authorizing the Secretary to appoint

three po!'ters........ .... ...... ...... ..... ......

9

Providing a Joint Committee on Officers

to be elected.......................................

10

Ordering election returns to be transmit-

ted to the House................. ...... .........

14

Providing a Joint Committee to prepare

rules for joint sessions:.......................

18

Inviting Hon. A. C. Durberow and L. M.

Hansberger to seats in the 8enate......

51

Expressive of regret on account of the

death of Mrs. Wilcox, wife of Hon.

G,o. K. Wilcox, Senator..................,.

52

Requiring Chairman of Committees to

sign amendments reported by them......

53

Providing a joint session for election of

Judges, etc............. .. .... ..... ...... .. .... ...

53

Providing a Committee to conduct the

pupils of the Girls' Normal College from

the cars to the Capitol, etc...................

54

Inviting Hon. Felix Corput to a seat in

the Senate..........................................

55

Relating to temporary rules of Senate .....

57

To accept an invitation to a Flower Show,

etc. ............. .............. .....................

65

Inviting Hon. W. M. Clements to a seat

in the Senate ........ ...... ....... ........ ....

67

Inviting General A. R. Lawton to a seat

in the Senate......................................

72

On Relief of the Supreme Court ........ ...

72

To Jllake Committee on Relief of the Su-

preme Court a Standing Committee .....

86

Relating to election of U. S. Senators......

86

INDEX.

613

RESOLUTIONS OF SENATE-Continued-

A ResOlution-'1'<> proceed at once to elect a Senator to

fill vacancy in U.S. Senate for the term

ending March 4, 1895, and then to elect

for the full term:........ ......... ..... .... .....

93

To investigate and report upon the pres-

ent convict lease system, etc................

97

To authorize Hon. .las. A. Green to collect

claims due this State by the Federal

Government..................................97 225 292

Providing a Joint Committee to prepare

an election law ....................~ .........123 126 127

Directing the printing of the Rules of the

Senate........................ ..................... 723

Providing a Joint Committee to invt!Bti-

gate the date of the expiration of the

convict ltase...... ......... ..... ...... ........... 128

To confer with State Board of Education

in relation to running thfl schools for six

months................. .... ..................... 132

To provide a Joint Vommittee to inquire

into the condition of the Northeastern

R. R................................................. 134 174

To provide a Joint Committee to regulate

elections in this State, etc... ... ... ......... 137

Providing that Committee on Rules super-

intend printing of certain portions of the Manual.. ..~. ......... ......... ..... ........ 150

Instructing Governor to have corrections

made by engraver in certain bonds of

the State............................................ 153

Creating a Joint Committee to draftaBill

in relation to summer sessions............ 166

Tendering seats to Hon. T. F. Newell and

others...... ............................ ............ 169

Relating to the Miiitary and Agricultural

College at Milledgeville..................... 170

Fixing compensation of six Pages of the

Senate......... ...................................... 175

Providing for a Joint Committee to visit

and examine the University buildings,

etc...... ............ ................................ 180

Tendering seats to Hon. L. C. Levy and

o t h e r s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~..........

218

614

INDEX.

RESOLUTIONS OF SEN ATE-Continued-

A Resolution-Requesting the return of the Manual to the

State Printer for certain additions......... 226

Tendering seats in Senate to distinguished

visitors. .... .... ...... ... ........ ... ... .. ..... ..... 229

Coneerning reference of Governor's mes-

sage.................................. ........ ........ 265

Directing publication of a daily ralendar 267

Tendering a seat to Hon. W. M. Clements 271

To .tdjourn for Thanksgiving..... ......... ... 284

Relative to repeal of tax on issues of ~tate

banks .............................................. 296

Tendering a seat to Col. H. J. McGee......

308

Relating to the dt>ath of ex-Senator Joseph

E. Brown........................................... 312

To relieve the London Guarantee and Ac-

cident Insurance Company ............ 181 317 366

To amend the Manual by striking out the

nameof Bion Williams and inserting the

name of Dr. T. R. Whitley........... ...... 362

Authorizing the 'l'reasurt'r to pay Hon.

T. R. Whitley his per diem as Senator.... 362 373

To relieve Samuel Walker and others..362 387 409

Tendering seats to Col. Peter Reilly and

others............................................... 370

Providing a Joint Committee to examine

the work of the compilers of the Code.. 372 To consider the report'of t~e Special At-

torney for the Western ani! Atlantic

Railroad. ... .... .. ..... . .. ..... . .... ...... ....... 3i3.

Tendering a seat to Hon. T. J. Smith, ex-

Senator............. ... ...... ......... ....... .. ... ... 396

Tendering a seat to Col. J. G. Wadley...... 387

Tendering a seat to Hon. A.M. Speer..... 408

Offering thanks of &lnate to Hon. Wm.

Clifton, Secretary, for his oyster roast,

etc.... ........ ................. ...... ......... ........ 416

Ratifying settlements proposed by Special

Attorney of Western and Atlantic Rail

road...... .... .. .. . ... .. .. .. .... ..... ... ... ...... 426 455 498

Tendering a seat to Hon. Alfred Herrington................ ........... ....................... 427

To correct certain errors in an enrolled

.Act....................................... ........... 429

INDEX.

615

RESOLUTIONS OF SENATE-Continued-

A Resolution-Allowing certain officers and members of

both Houses to remain to bring up the

unfinished business................ ... ......... 430

Limiting speeches to five minutes........... 431

Directing transmission of bills and reso

lutions to the House which are passed

this day............................................. 440

Tendering use of Senate Chamber to an

Irrigation Congress...... .. .... ........ .. ...... 440

To provide a Committee to visit the Girls'

Normal and Industrial School at Mil-

ledgeville. ......... ......... ......... ........ ...... 498

To authorize the Commissioner to aid in

getting up the State exhibit at the Cot-

ton States and International Exposition 520

Tendering a seat to Mr. J. S. Collins of

Savannah ...... ......... ...... .. .... ...... ...... ... 549

To appoint a second Conference Commit-

tee on the differences of the two Houses

on Appropriation Btl!......................... 568

InstructinJZ the Public Printerto proceed

with publication of the Acts of the pres-

ent session.......................................... 574

Requesting the verification of the Journal

of this day by some member of Com-

mittee on Enrollment........ .. .... ......... 502

on Of thanks to Hon. W. H. Venable.........
Expressing regret account of the sick-

585

ness of the President.......................... 585

Of thanks to Hon. C. H. Brand, President

protem..... ....................................... 585

Of thanks to Secretary Wm. Cdftoil and

his assistants............................ ....... .. 585

Of thanks to Messenger, Door-keeper, and

their assistants................................... 585

Of thanks t!J J. Troup Taylor, Journal

Ulerk of Senate............ ..... ...... ........... 586

Complimentary to Miss Pet Mansfield...... 586

INDEX.
PART III
HOUSE BILLS AND RESOLUTIONS.
APPROPRIATIONS-
A Bill-To appropriate $500.00 to pay pensions for 1894 ........... ......... .................... 225 317 446
To make appropriations for the expenses of Government, etc., for the years 1895 and 1896.... 301 373 444 471 549 568
To authorize payment of pensions to certain Coilfederate widows ............................. 478 534 568
B!NKSA Bill-To amend the charter of the Merchants Bank of Valdosta .. .... ...... .. ...... ...... . ...... .. .... ...... 449 489 521 To amend the charter of the Coweta Bank ... 449 489 521 To authorize State Banks to issue circulating notes .................................................... 481 519 537
CODE-AMENDMENTSA Bill-To amend section 1624 of the Code............. 152 490 556 To ameod section 1964 of the Code............. 153 490 560 To amend section 4041 of the Code..... ....... 152 413 447 To amend section 4696(a) of the Code......... 181 412 441 To amend section 1319 of the Code........ 230 388 415 427 To amend pamgraph 2 of section 943 of the Code......... ........ ................ ...... ..... 310 517 556 580 To amend section 3893 of the Code.............. 449 490 559 To repeal section 1496 of the Code............. 452 489 548 To repeal section 1504 of the Code.............. 452 497 523 To amend section 3845 of the Code............. 453 535 570 To amend section 713 of the Code ..................... 479 577 To amend section 4083 of the Code...... .'....... 483 518 578 To amend section 89l(a of the Code.......... 483 502 577 To amend section 3696 of the Code........... ... 485 502 556 To amend section 1330 of the Code.. ........... 486 501 578

INDEX,

617

CODE-AMENDMENTs-Continued-
A Bill-To amend section 1291 of the Code................... 518 To enforce article 3, section 7, paragraph 18 of the Constitution ............................ 173 181 189 306 To enforce the Act amending paragraph I, section 1, article 7 of the Constitution ........... 449 497 562 To amend an Act to enforce paragraph 18 of section 7 of article 3 of the Constitution......... ~ ~ 518 To amend paragraph 1 of secti<m 2 of article 8 of the Constitution ...................... 484 505 - U 563

COSTS-
A Bill-To provide for payment of costs to officers of Court in the county of Dougherty...... 306 309 387 446
To limit the payment of costs to Solicitor-Ge!l.eral of Augusta Circuit..... ........ ..... 448 490 521 522

COUNTY COMMISSIONERS-

A Bill-To provide Commissioners for Jones county ...... 306 311



373 398

To amend the Commissioners Act of Talbot

co~nty...................................... 310 388 397 398

To provide compensation for the Commissioners

of Colquitt county........ .. ...... ........ ...... 311 412 434

To amend an Act to fix the salary of Commis-

sioner!! of Coweta county........................ 453 497 556

To repeal the Commissioners Act of Clarke

county ................................;..................... 480

To authorize County Commissioners, etc., to re

move obstructions from railroad crossings..... 486 502

557 582

To repeal the Commissioners Act of Polk coun-

ty .............. 500 534 545 546 568 0 0

COURTS-CoUNTY .wm CITY, AND OFFICERS oF SAME-
. A Bill-To abolish the County Court of Elbel't cotmty ... 18.1 212 224
To limit the jurisdiction of the City Court of Atlanta............................................... 310 388
To allow County Judges to hold court in other counties than their own ..... . ..... ........ 310 412 499
To abolish the County Court of Lowndes county 311 413 445
To amend the Act to establish the City Court of Macon..................................... 312 412 514

618

INDEX.

COURTS--couNTY AND CITY, AND OFFICERS OF SAME-Continued-
A Bill--To limit payment of insolvent costs to County Solicitor of Richmond county................ 448 490 522
To amend the City Court Act of Clarke county.. 481 519 545
To amend an Act to establish a City Court in Clarke county............... ...... ... .. ..... ..... ... .. .... 484 575
To create a County Court for Echols county...... To fix the salary of the Judge of the County
Court of Bulloch county........................ 486 501 5-51 To repeal an Act appointing a Judge of Micthell
county ...................................................... 153 174 To abolish the County Court of Decatur county 310 388
414 To amend an Act to provide for sales under
County Courtfl. tds........ ....................... 483 501 581

COURTS-SUPERIOR-
A Bill-To change the time of holding Spring term of Dooly Superior Court.. ........!................. 153 174 182
To change the time of holding Spring term of Pulaski Superior Court .......................... 181 226 414
To change the time of holding Superior Court of Dawson county............................... 311 413 434
To ehaoge the time of holding SupPrior Court of McDuffie eounty.................................. 485 501 545

EDUCATIONAL-
A Bill-To establish public schools for the town of Acworth .................................................. 180 199 208
To amend the school law of the town of Washington ................................................ 309 413 446
To establish public schools for Fort Gaines 4-lS 490 572 To establish schools for the town of .Eastman..... 453 490
520 To amend the school law of the town of Perry ... 481 501
550 To amend the charter of Barnesville Male and
Female High School ............................ 482 526 554 To amend the school Iaw of Fort Valley...... 482 501 54i'i To incorporate Buchanan Male and Female Col-
lege, etc....................... ..................... ........ 483 554 To establish public schools for the town of Dah-
lonega............ .. ... ... .. ... ....... .... ...... 484 501 553 554

INDEX.

619

ErUCATION AL-Continued-
A Bill-To amend the school law of the town of Canton 485 500 568
To systemize the fin!lnces and increase the efficiency of the public schools............. 223 231 283 409
.ro authorize the School Commissioner of Coweta county to contract with the School Board of Newuan ................................................ 484 518 557
ELECTION LAW3-
A Bill-To fix the time for municipal elections in Savannah ...... ......... .. ... ...... ......... ........ ........ 153 173 194

INSURANCE LAWS-
I
A Bill-To compel insurance companies to pay the full of insurance on property ............................... 432 500
JUDICIAL CIRCUITS-
A Bill-To transfer Dawson county to the Northastem Circuit .....................................310 388 410
To transfer the county of Dodge to the Southwestern Circuit....................................39() 433 445

LIQUOR LAWS-
A Bill-To amend the liquor laws of Montgomery and Telfair counties .....................................44\1 490 571

LOAN ASD BUILDING ASSOCIATIONS-
A Bill-To amenrlan Act to regulate the business of loan and building associations ........................486 50l 574
MISCELLANEOUS BILLS-
A Bill-Authorizing the Comptroller-General to ap point one of the Railroad Commissioners as arbitrator, etc .............................................. 181 412
To provide for safe keeping of registration books of Chatham county .................................306 g88 414
To regulate admission to the bar .................. 226 433. 581 To establish Boards of Medical Examiners for
the State.............~ .................................... 231 445 To create a board of examiners of boilers and
stationary engines for~Fultan county ........310 388 428

620

INDEX.

MISCELLANEOUS BILLS-Continued-
A Bill-To amend sectional, 2, 5 and 9 of an Act approved March 17, 1869 ....................448 518 553
To require non-resident fishermen to pay license for catching shad in tide-water ...... ... 449
To create a State Memorial Board"' ...............452 497 522 To provide for inspection misdemeanor convicts 453 To provide for the record of escrow deeds......... 478 501 To encourage manufacture and distribution of
electricity......... ..... .. ....... . .... ..... ......... ...... 449 580 Providing for correction of errors in certain
State bonds.................... ... ...... ...... ...... ...... 479 'fo repeal an Act prescribing the duties of elec-
tric telegraph companies...................480 500 550 551 To provide for remo~l of obstructions from the
streams of Habersham county .................. 481 518 559 To prohibit the holding of more than one office
at a timt by any one person in Chatham county ..................................................4.81 518 550 To amend the game laws of this State .........481 518 578 To provide for a Bureau of Immigration in this State ........ .... .... .................................484 501 552 To fix the legal weight of tan bark ..............485 501 555 To provide for the sale of homestead property.. 51,7 537
MUNICIPAL LAWS-
A Bill-To provide a new charter for the town of Washington..................... ........ .................... 205 226 413
To amenrl the charter of Social Circle .............. 282 302 To amend the charter of the town of Vienna ..... 309 413
419 553 ro incorporate the town of Newborn ...........311 490 523 To incorporate the town of Oakland City ...... 311 413 444 To provide for the issue of bonds by Elberton
for water-workR ...... .... ........................ 44 498 510 To provide for the issue of bonrls by the town of
Elberton for electric lights ...................452 498 509 To amend the charter of Atlanta .................453 498 523 To incorporate Cubanna City .....................4.55 498 509 To amend the charter of the town of Clarksville 479 419 To provide for issue and sale of bonds by author-
ities of the city of Milledgeville ...............482 511 5.51 To authorize Atlanta to encroach upon the
property of the W. & A. R. R. in extending West Alabama street.. ............................482 500 579

INDEX.

621

MUNICIPAL LAWS-Continued-
A Bill-To amend the charter of the town of Vienna...... 482 519 To authorize the town council of Abbeville to issue bonds ........................................ 483 508 571 To amend the charter olthe town of Temple..484 518 555 To amend the charter of the town of Eastman... 484 518 555 To amend the charter of the town of Crawfordville...................................................... 484 518 557 To amend the charter of the town of Clarksville .......................................................... 485 577 To incorporate the town of Davisboro........... 486 519 560
PENAL LAWS-
A Bill-To make slander or oral defamation penal..... 226 412 441 To provide penalties for certain violations of certain penal laws......................... .................. 452 Prescribing a penalty for the wilful and malicious
etc., setting fire to ships, etc..................... 482 502 560

RAILROADS-
A Bill-To authorize the running of special fruit and melon trains on the Sabbath ..............448 497 527 535
To empower street and suburban railroads to generate and furnish electric lights, etc ......481 52i 560
To incorporate the Athens Electric Railway Company ................................................ 485 518 550
To amend the General Railroad Law ............485 527 578
REGISTRATION LAWS-
A Bill-To provide for registration in Monroe county..181 226 231 To provide for registration in Pike county .....283 28\1 305 To repeal the registration law of Baker county... 311 113 445 To repeal the registration law of Mcintosh county .................................................. 312 388 410 To provide for general registration in this State 121 455
511 529
To amend an act providing for registration in Floyd, McDuffie, Burke, and other counties.....488 535
To pr~vide for registration in Twiggscounty..486 534 549 To provide a registration law for Emuelan county 481 516

622

INDEX.

RELIEF LAW8-
A Bill-To relieve A. F. Wellborn of Union county ...... 310 453 Investing Latta M. Awtrey with the rights of an adult ......... : ....... . ........ ...... ...... ......... 483 To relieve L. Haddock and R. A. Lavendar 485 534 556

SINKI:SG FUND-
A Bill to create a Sinking Fund .............................311 483 523
STATE LIBRARIAN-
A Bill--:Requiring the State Librarian to furnish Code, etc., to Heard county .............................. 311 519 554
TAX LAWS-
A Bill-To levy and collect a tax for support of Go.,.ernment, etc., and forotherpurposes ......452, 515 529 575
To regulate the entry of colored tax-payers on the tax digests .:..... ............................. 453 497 522
To provide for the better collection of tax executions ..................................................... 485 527

RE~OLUTIONS OF HOUSE--

To meet in Joint SeBSion to open, count and

declare the votes cast at the last general elec

tion................................. .......................... 12 13

Providing a Joint Committee to wait on the

G:overnor-elect, etc., and learn his pleasure as

to the time of his inauguration..................

47

To prepare and publisl:l a Manual of the General

Assembly...... ...... ..... ...... ...... ......... ...... ......

.55

Excluding the day of visiting the Dixie Fair at

Macon from the fifty days of the session......

71

Providing for a Joint Committee on General

Registration.. .... .. .... ......... ...... ........ ...... .... .. 121

On Gtmeral Elections ......... ......... ... .. .... ...... 121

Convening a Joint Session to consolidate the

votes for United States Senators.. ~................

124

Inviting Chancellor Boggs to address the Gen-

eral .Assembly............................................. 148

Providing for a Joint Committee to attend com-

mencement exercises of the State University. 174

Providing for indexing the Journals of tbe

House and Senate .................................. 231 295 30"J

INDEX.

623'

RESOLl:TIONS OF HOUSE-Continued-
Providing a Joint Committee to arrange for the funeral of ex-Senator Joseph E. Brown ...... 315
A Resolution providing for a State exhibit at the Cotton States and In~rnational Exposition in 1895 ...........................................;.......... 148 502
Relating to bequest of Mr. Edward DeRenne..453 497 521 Looking to the equalization of the labor of Su-
perior Court Judges ...... ...... ........ ........454 497 523 Ordering the transfer of one of the volumes of
DeRenne to Georgia Historical Society .....454 498 520 To encourage the buildillg of a railroad to South
America .......................................448 450 498 535 To appoint a Committee to attend the dedica-
tion of Chickamauga National Park ............... 499 522 To relieve J. W. Evans ..............................479 535 557 To refund money to J. H. Brown ..............479 519 538 To allow Committee on Privileges and Elections
to sit during the interim of the sessions ...480 519 552 Providing for a Jqint Committee to examine-
Savannah river at Augusta .....................480 519 536 To pay pe1 diem of Hons. Angus E. Bird and
0. A. Blalock .........................................480 435 558 Commending the Interstate National Guard or
State Volunteer Encampment Drill and Inspection ... .... ......... ....... .........;.. ...... ... ..... 480 521 Of Thanks to Lieut. C. B. Satterlee for his services in behalf of the Military of the State... 497 Authorizing the Governor to create a Special Commission to determine the rights, ways and proprieties of theW. & A. Railroad...... 535 557 To instruct the Commission to Codify the Laws. 575 Instructing Public Printer to proceed with publication of the Acts of tl;.e present session...... 576 Providing a Joint Committee to ascertain at whathour the Genesal Assembly can adjourn Bine die........... ...... ... ......... ......... ......... ......... 576 Providing for a Joint Committee to visit the Colored School at College, Ga. ....... .... ......... 582