-~ -- :.=.
JOURN-AL
OF
THE SENATE

OF THE

-

. '; '~'

State of Georgia,

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_ _.,';~ -~(--~ ~:r.~

.&:T THE

SESSION OF THE GENERAL ASSEMBLY,
AT ATL4NTA, WEDNESDAY, OCTOBER 23, 1895.

. ..
:.,)

A'fLANTA, GEQRim~:

Geo. W. HARRISON, ..STATE PRINTER.

The FraDUD PrlaU.C aad Pu'bllalllng ~mPau7

18115. .

.

..

JOURN.AL.

SENATE CHAMBER, ATLANTA, GEORGIA.
Wednesday, October 23, 1895, 10 O'clock A. :M:.
In accordance with the pro.visioos of law, the Senate met in its annual session of J.895, on the 23d day of October,
.at 10 o'clock, meridian, and was called to order by the President, the Roo. William H. Venable.

Pra~t,..was then offered by the Chaplain, the Rev. .J. W. G. Watkins.

The roll was called by the Secretary, Ron. Wm. Clifton.

The following Senators answered to their names :

:Beeks, Broughton, :Bush, Bussey, Boyd, :Brand, :Brown, Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, .Johnson, .Keen,

Le~
L?ng; Little, Lumpkin, McMillan, Mereer, McGregor, Monro, Morton, McGarrity, McClure, Norman, Osborne, Ryals, Roberts,

A quorum was found present.

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams, Whitley, Mr. President.

On motion of Mr. Brmfghton, the Secretary was directed to inform the House of Represeptatives that "the, Senate had .convened for the session of 1895, and was ready to. proceed with business.

4

JouRNAL oF THE SENATE.

Mr. Broughton offered the following joint resolution,. which was read and agreed, to wit:
Resolved by the &nate,. tlt.e House of Representatives concurring, That a committee of two from the Senate and three from the House be appointed to wait upon his Excellency, the Governor, and inform him that the General As-
sembly has convened for the session of 1895, is ready ro
proceed with business, and awaits any communication he may deem proper to make.
The committee on the part of the Senate consists of Messrs. Broughton and Beeks.

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

Mr. Pre$dent:
I am instructed to inform this branch of the General Assembly that the House of Representatives has reconvened in annual session, a quorum being present, and is now ready to proceed with the regular busine~ of the session.
The House has also concurred iti the resolution of theSenate, appointing a committee of three from the Houseand two from the Senate, to wait on his Excellency, theGovernor, and inform him that the General Assembly has convened for the session of 1895, and is ready to proceed with business.
. The committee on the part of the House are MeSRrs. Jenkins, Bush, McCurry, Johnson of Hall, and Brown oi Pulaski.
Mr. Sheppard offered the following resolution:
WHEREAS, His Excellency, Grover Cleveland, our worthy and esteemed President, the Vice-President, and the cabinet are now in this city; therefore be it

THURSDAY, OcToBER 24, 1~95.

5

Re8ol'Ded by the Senate, the House concurring, That we now adjourn for the purpose of paying our respects to our distinguished visitors.
The resolution was agreed to, and by virtue of its terms, the Senat~ adjourned until10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Thursday, October 24, 1895, 10 O'clock A.M.
The Senate met pursuant to adjournment, and was called to order by the President.

Prayer was o:ff.ered by the Chaplain.

On the call of the roll, the following Senators answered t-o their names:

Beeks, :Broughton, Bush, :Bussey, Boyd, :Brand, Brown, Cumming, Craigo, Harris of the 8d, Harris of the 12th, Harris of the 22d, Hatrlson, .Johnson, Keen,

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

Sheppard, Storey, Sanford, Snead, Sharpe,
~tarr.
Tatum, Upchurch, Wilson, Wilcox,
Wade,: Williams, Whitley, Mr. President.

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

Mr. LOng. offered the following resolution, which was
read and agreed to, to wit:

JOURNAL OF THE SENATE~

Resolved, That all bills and other papers in the hands of

the various committees at the close of the last session be

returned to the Senate and again given over to the proper

committees.

'

.

.

On motion of Mr. Roberts, the rules were suspended,.

when 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 regulate the business of build-
ing and loan associations, approved October 19, 1891, and for other purposes.
Referred to the General Judiciary Committee.

Also, by Mr. RobertsA bill to provide for a board of equalization of real
and personal property subject to taxation, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Harris of the Tliird dietrict-
A bill to amend an act approved October 22, 1887, by striking the word fishing from the first line of the title of said act, and to repeal the second section of said act, and for other purposes.
Referred to the Special Judiciary Committee.

Also, by Mr; Harris of the Third district-
A bill to repeal an act approved July 22, 1891, which declares all obligations to pay attorney's fees void in addition to the interest specified therein in any note or evidence of debt, etc., and to prohibit the collection of the same, and for other purp~ses.
Referred to the Special Judiciary Committee.

. THURSDAY, OcToBER 24; 1895.

7

By Mr. Harris of the Twenty-seco~d district-
A bill to provide for the hearing and trial of cases where the judge of_ the circuit is disqualified; to prescribe the -place where such hearing shall be had, and for other purposes.
Referred to the General J udi~iary Committee.

Also, by Mr. Harris of the Twenty-second districtA bill to define and apply the law of abatementS in
certain cases, and for other purposes. Referred to the General Judiciary Committee.
By Mr. Snead-
A bill to make penal the buying or selling of seed cotton
in the county of Columbia between certain dates, and for other purposes.
lteferred to the General Judiciary Committee.

By Mr. LongA bill to provide for the appointment of an insurance
commissioner and a clerk to same for the State of Georgia, and for other purposes.
Referred to the General Judiciary Committee.

The following message was received irom the House of Representatives through Mr. M. A. Hardin, the Clerk thereof:
Mr. President:
The House bas adopted the following resolution in which the concurrence of the Senate is asked, to wit:
Resolved by the House, the Senate concurring, That we most cordially welcome to our State the Chief Magistrate of this republic, the Viae-President, and the members of the cabinet.

8

JOURNAL OF THE SENATE.

Resal'Dt!d furtlu!r, That a committee of three from the House and two from the Senate be appointed to convey our greeting to our .distinguished guests and request them to honor the General Assembly with a vil;it to the hall of the House of Representatives before leaving the city.

.

Committee on the part of the House are Messrs. Jenkins,

\

Hall, and Boifeuillet.

\

The foregoing joint resolution from the House was taken

up and unanimously concurred in.

The President appointed as the committee on the part of

the Senate, under the aforesaid joint resolution, Messrs.

Lewis and Broughton.



Mr. Lewis, chairman of the joint committee to invite the President and his .cabinet to visit the General Assembly submitted the following report:

Mr. President:
The committee on the part of the Senate beg to report that a joint committee of the Senate and House did invite the President and his Cabinet to visit us. '
The President received us kindly, heartily thanking us, with regret that he would be compelled to leave the city last night, and, on that account only, could not accept the invitation.
E. B. LEWIS, W. A. BROUGHTON.

The Senate, on motion of Mr. Harris of the Twentysecond district, took a recess for a few minutes, at the expiration of which the body was called to order.

A committee from the House of Representatives, consisting of Messrs. Reece, Humphreys, and Gilreath, entered

F~IDAY, OcToBER 25, 1895.

9

tbe Senate and delivered the following paper, which was read,. to wit:

Mr. Preaident :

We have been sent as a committee of three to notify the

Senate that the House is now in session and ready for busi-

ness.

Respectfully,

JoHN S. REEC~, Chairman.
w. s. HUMPHREY,

J. H. GILREATH.

Mr. Broughton, chairman of the joint committee on the part of the Senate to wait on the Governor, etc., reported that the committee had called on his Excellency; the Governor, discharging the duty imposed by tae joint resolution, and that his Excellency replied that he had at present no communieation to make, but would do so in writing at some -?me during the present week.

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

SENATE CHA)IBER, ATLANTA, GEORGIA.
Friday, October 2a, 1895, 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,

Lewis, Long, Little,

Sheppard, Storey, Sanford,

10

JoURNAL OF THE SENATE.

BUSI!ey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarrity, McClurt>, Norman, Osborne, Ryals, Roberts,

Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams,. Mr. President.

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

Mr. Sheppard offered the following resolution, which was read and agreed to, to wit:

Resolved, That Messrs, John H. Jenkins, John M. Easterling, H. Cowart, J. S. Easterling, H. J. Easterling, I. M. Rountree, Jonathan Brewster, M. Collins, and S. L. Hodges, be entitled to seats in the Senate during thei.r stay in this city.
On the call of the roil, the following bills were introduced, read the first time, and referred as respectively indicated, to wit:

By Mr. BroughtonA bill to amend an act establishing a new charter for the
city of Madison, approved October 6, 1893. Referred to the Committee on Corporations.

By Mr. BrandA bill to amend section 4721 of the Code, etc. Referred to the General Judiciary Committee.

FRIDAY, OcToBER 25, 1895.

11

By Mr. Harris of the Twelfth district-
A bill to prohibit the printing, publishing, SE'lling, offering to sell, or otherwise disposing of books, pamphlets,. or tracts containing the history of a.oy man popularly known as an outlaw.
Referred to the General Judiciary Committee.

By Mr. LumpkinA bill to amend the charter of the city of Cartersville, etc. Referred to the Committee on Corporations.
By Mr. RobertsA bill to provide that a master may not contract with a
servant exempting himself from liabilities to the servant for injuries sustained through his negligence, and for other purposes.
Referred to the General Judiciary Committee.
Also, by Mr. RobertsA bill to amend section 4349 of the Code of 1882,.
which defines the crime of rape, etc. Referred to the General Judiciary Committee.
By Mr. SneadA bill to protect vested rights. Referred to the General Judiciary Committee.

By Mr. SharpeA bill to amend an act establishing a new charter for tlie
city of Carrollton, approved September 9, 1891. Referred to the Committee on CoPporations.

-12

JouRNAL oF THE SENATE.

Also, by Mr. SharpeA bill to amend an act to establish a system of public
schools for the city of Carrollton, and for other purposes. Referred to the Committee on Public Schools.
By Mr. Whitley-:A bill to provide for the registration of deaths m this
State, and for other purposes. Referred to the State of the Republic.
By Mr. CummingA bill to repeal an act entitled an act to amend section
3910(c) of the Code, etc. Referred to the General Judiciary Committee.
By Mr. BushA bill to amend an act to protect game in the State of
Georgia during certain seasons, approved December 30,1893, etc., and for other purposes.
Referred to the General Judiciary Committee.

The Senate, on motion of Mr. Broughton, took a recess until 11 o'clock A. M., at which hour the President called the body to order.

Mr. Storey was granted leave of absence for next week t9 attend court.

Leave of absence for Monday was granted Mr. Harris of the Third district.
Mr. Williams was granted leave of absence for a few days.
I
Mr. Mercer offered the following privileged resolution, which was read and agreed to, to wit:

FBIDAY, OcTOBER 25, 1895.

13

Re8olved, ~bat the janitor o.f the building be directed t() remove the seven desks and chairs now occupied by Senators in the rear of the _Senate chamber, and place them in proper position in front of the present row of desks.

Mr. Harris, of the Twenty-second district, offered (by request) a resolution authorizing and directing the Com~ . troller-General to reopen the matter of assessments of the
PostalTelegraph and Cable Company.

This resolution was read and referred to the Finance Committee.

It was ordered, on motion, that, when the Senate adjoums this day, it will adjourn until Monday next.

By resolution of Mr. Bush the Hoo. Geo. D. Griffin, of the county of Decatur, was invited to a seat in the Senate.

Mr. Harris, of the Twenty-second district, chairman of the General Judiciary Committee, submitted the following report:

Mr. Preaidem:

The General Judiciary Committee have had under con-: sideration Senate bill No. 113, by Mr. Whitley, of the Thirty-eighth district, which is a bill to be entitled an act to preserve the public morals from injury cau8ed by to() great publicity in trials in the courts of this State, etc., and

they instruct me to report the same back to the Senate,. with the recommendation that it do not pass.
Also, Senate bill No. 128, by Mr. Sheppard of the

Second District, which is a bill entitled an act to repeal

sections 2040 to 2049, inclusive, known as the,Schedule

Act, etc., and they instruct me to report the same back t()

the Senate, with the recoJDmeodatioo that it be read a sec-

ond time and recommitted.



Respectfully submitted. N. E. HARRIS, Chairman.,

14

JOURNAL OF THE SENATE.

The bill of the &mate to repeal sections 2040 to 2049, inclusive~ of the Code of 1882, which was referred to the General Judiciary Committee, was reported back by said committeP., with the recommendation that the bill be read a second time and recommitted to the General Judiciary Committee.
The bill was read the second time and recommitted.
The bill of the Senate to amend paragraphs 2 and 3 (Jf section 3 ef article 6; paragraph 1 of section 11 of article 6, and paragraph 1 of section 12 of article 6 of the Constitution, etc., was taken up under adverse report of the General Judiciary Committee, and, on motion, wa8 read the second time, fifty copies ordered printed for the use of the Senate, and the bill was made the spe<'ial order for wednesday next after the reading of the Journal.
The bill of the Senate to authorize females to hold certain civil offices, etc., adversely reported by the General .Judiciary Committee, was, on motion, recommitted to the General Judiciary Committee.

The bill of the Senate to create the Eastman Judicial circuit, adversely reported by the General Judiciary Committee, was taken up and lost by agreement with said adverse report.

The bill of the Senate to repeal certain portions of an act to carry into effect paragraph 2, section 18, article 6 <>f the Constitution, etc., approved October 17, 1879, was taken up, under adverse report of the General.Judiciary Committee, and, on motion, read the second time and made the special order for Thursday next after the reading of the .Journal.
The bill of the Senate to preserve the public morals fr~m injury was taken up, under adverse report of the

Mo~DAY, OaroBER 28, 1895.

15

General Judiciary Committee, and, on motion, read the second time, fifty copies ordered printed, and the bill made the special order for Tuesday next after another special order is disposed of.
The following bills of the Senate, adversely reported by the General Judiciary Committee, were taken up under adverse report, and, on motion, recommitted to the Finance <Jommittee, to wit:

A. bill to exempt from taxation notes received by vendor.; of real and personal property, etc.

A bill to exempt from taxation notes given by vendors, etc.

The Senate having disposed of all business on the Secretary's desk, adjourned, on motion, to 10 o'clock A. M. Moo-" day next.

SENATE CHAMBER, ATLANTA, GEORGIA.
Monday, October 28, 1895, 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 :
l'
Those present were Messrs :

Beeks, Bl'\)ughton, Bush, Blll!88y, Boyd, Brand, Brown,

Lewis, Long, Little, Lumpkin, .McMillan, Mero.:er, McGregor,

Sheppard, Storey, Sanford,
~nead,
Sharpe, Starr, Tatul_ll,

16

JOURNAL OF THE SENATE.

Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Monro, Morton, McGarrity, McClure, Norman, O&borne, Ryals, Roberts,

Upchurch, Wilson, Wilcox, Wade, Whitley, Williams, Mr. President.

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

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

By Mr Starr-
A bill "to amend paragraph 1, section 2, article 6 of the Constitution of the State, so as to increase the number of Supreme Courtjudges from three to five, so that said court shall consist of a Chief Justice and four Associate Justices.
Referred to the General Judiciary Committee.

By Mr. SheppardA bill to amend section 2571 of the Code of 1882, etc. Referred to the General Judiciary Committee.

By Mr. KeenA bill to abolish the city court of Laurens county, and
for other purposes. Referred to the Special Judiciary Committee.

By Mr. Harris of the Twenty-second district-
A bill to provide for service by publication, and for other purposes.
Referred to t)le General Judiciary Committee.

MONDAY, OCTOBER 28, 1895.

17

By Mr. Brand-
A bill to amend section 3554 of the Code of Georgia of 1882, so as to provide that a certain per cent. of said wages shall not be exempt from process of garnishment in certain cases, and for other purposes.
Referred to the Committee on General Judiciary.

By Mr. Venable, the President-
A hill to amend section 2682 and 2683 of the Code of Georgia of 1882, in regard to title by prescription, providing that no time shall bar a municipal corporation from opening any part of a street theretofore dedicated to public uses as such.
Referred to the General Judiciary Committee.

Also, by Mr. Venable-
A bill providing that there shall be no recovery by abutting lot owners for loss or damage from an original grading of any street, lane, or alley, within the corporate limits of any municipal corporation in this State, unless it shall" appear to the satisfaction of the court and jury trying the case, that such grading was unreasonable, or was negligently done1
Referred to the General Judiciary Committee.
Also, by Mr. VenableA, bill to amend section 3058, 3059, and 3060 of
the Code of Georgia of 1882, limiting the time in which actions for damages to realty, to personalty,'and forinjuries
to the person, shall be brought, so as to provide that no suit shall be maintained against any municipal corporation of this State for damages to person or property, unless brought within one year from the time the injury occurred,
211

18

JOURNAL OF THE SENATE.

or the work was done, for, or in consequence of which the damages are claimed.
Referred to the General Judiciary Committee.

By Mr. RobertsA bill to amend section 2005 of the Code of 1882, and
for other purposes. Referred to the General Judiciary Committee.

Mr. Harris, of the Twenty-second district, offered the following amendment to the rules, to wit:
That rule 63 be amended by adding at the end thereof the following words :
A majority of a quorum voting in the affirmative shall be nect:ssary to postpone any bill or measure before the Senate to a day P-ertain, and w_hen so fixed it removes the subject and all consideration thereof, until the time thus designated.
The proposed amendment was read and laid over under the rules.
By resolution of Mr. Lumpkin, the Hon. A. W. Fite, of_ Cartersville, was invited to a seat in the Senate during his stay in the city.

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

Mr. Preswent :
The House of Representatives has passed by the requisite constitutional majority, House bill No. 114, the same being a bill to be entitled an act to prohibit muscle, venter, and other vulgar, obscene, and immoral dances in this State. To prescribe the penalty for a violation of this act, and for other purposes.

MoNDAY, OcTOBER 28, 181}5.

19

The bill set forth in the foregoing message was taken up, read the first time, and referred to the General Judiciary .Committee.
The House has also adopted the following joint resolution in which the concurrence of the Senate is asked, to wit:
A resolution convening the General Assembly in joint
,session to-day at 11 A. M., the 28th inst., for the purpose of
.electing a solicitor-general of the Oconee circuit for the full term beginning January I, 1896.
On motion of Mr. Harris of the Twenty-second district, the joint resolution from the House, specified in the fore;. going message, was taken up and concurred in.
At the hour of 11 o'clock A. M., the President announced
that the time for the meeting of the General Assembly in joint session bad arrived.
Whereupon, the President, accompanied by the Secretary an~ members of the Senate, repaired to the Hall of Repre.sentatives, and being announced by the doorkeeper, were received by the House of Representatives.
The President took the chair, and having called the Gen-eral .Assembly to order, caused the Secretary to read the resolution under whic~ the joint session had convened, to wit:
.A .resolution convening .the General Assembly in joint ,gession at 11 o'clock A. M., this day, for the purpose of . -eiecting a solicitor-general of the Oconee circuit for the full term of four years, beginning January 1, 1896.
The President announced tba~ nominations for said office were in order. Whereupon, Mr. Smith, of Telfair, placed in nomination the Ron. Thomas Eason of the couuty of Telfair.
This nomination was seconded by Mr. Dodson of Sumter oounty.

20

JouRNAL oF THE SENATE.

There being no other nomination, the Secretary Wa$ directed to proceed with the eall of the roll for said election~

This having been done antl the vote being summed up,

it appeared that the whole number of votes cast was 168~

Necessary to a choice, 85.

'

The Hon. Thomas Eason, of the county of Telfair, having received a majority of all the votes cast, was, by thePresident, declared duly elected solicitor-general of the Oconee circuit for the term of four years commencing January 1, 1896..

On motion of Mr. Beeks the joint session was dissolved~

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

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

Mr. Pre8ident :

I am directed by the Governor to deliver to the Senate a

communication in writing.

I

The following message from his Excellency, the Gover-

. nor, was, on motion, taken up and read as follows:

EXECUTIVE DEPARTMENT,
Atlanta, Ga., October 23, 1895.
Members of the General Assembly : In obedience to official duty, it is my pleasure to
communicate to you such information as will aid in the . discharge of the important trusts confided to you, and to make such suggestions and recommendations as, in my judgment, will promote the interest of the State. Fortunately for me, in the performance of this duty, the reports from the departments of State, made to me in conformity to law, are so thorough and comprehensive that by transmitting them to you, which I will do, I place you in

MoNDAY, OCTOBER 28, 1895.

21

possession of such information that it is unnecessary for ine to enter into au extended statement covering the subjects so ably discussed in these reports. I call your special attention to each of these, and ask that you give due consid-eration to the"recommendations of these thoughtful, painstaking, and faithful officers.
It is a source of great gratification to myself, and it must be to each of you, that you convene at'a period in the his:tory of our State when we are enjoying the blessings. of Providence in fruitful. harvests. I rejoice that the worst of the terrible financial panic which has been upon us is over, ~nd am confident we can look forward to an era of prosperity. Whi1e the cotton crop of this year is not so large as we had hope for, the unexpected good price and the large :yield of corn, peas, potatoes, rice, and other food crops, places the people of the State .in better condition than they have been for .years.
COTTON STATES AND INTERNATIONAL EXPOSITION.
The effort of some of the public-spirited and enterprising -citizens of this State to hold this year a great International Exposition, which was at first regarded as an audacious un-dertaking, has been brought to a happy termination. In its arrangement, variety, and proportions it excels any exbibition of the resources and achievements of the Ameri-can people (with the exception of the World's Fair at Chicago) which has ever been made, and will bring to Georgia visitors from every quarter of the globe, whose impreSsions of our peop1e, our civilization, our resources, and OUl' inviting fields for investment will in the near future greatly advance our growth in industries, population and wealth.
STATE EXHIBIT.
Realizing the importance of this great event; at your last sessioQ you made an appropriation which you directed to be used for the purpose of making an exhibit of Geor-

JouRNAL OF THE SENATE.
gia's resources at the Cotton States and International Ex.position. .The duty of expending this money and making the proposed exhibit was impos('d by you upon Hon. R. U ~ Hardeman, State Treasurer; Hon. J. M. Terrell, AttorneyGeneral; Hon. G. R. Glenn, State School 'CommiBBioner;. Hon. W. A. Wright, Comptroller-General; Hon. R. T~ Nesbitt, Commissioner of Agriculture, and upon myself~ The board selected Hori. W. S. Yeates, State Geologist;. Ron. Geo. F. Payne, St.ate Chemist, and Ron. Robert J.. Quinn, ABSistant School CommiBSioner, as honorary members, each of whom has rendered us valuable aid without compensation. Mr. George W. Kelly was elected as assistant to the CommiBSioner of Agriculture, who was the executive officer of the board, and Mr. E. M. Durant was elected as secr('tary. With this force we undertook to do the work entrusted to us, and feel a just pride in the magnificent exhibit made by the State~ At au early period in our work we became convinced that the sum appropriated by the State would not enable us to make so complete an ('Xhibit of all the resources of the State as we felt it was the duty of the State to make o~ such an occasion. Fortunately some of the public-spirited and patriotic citizens of the State, who are interested in manufacturing, came to our aid. With their approval and co-operation a convention of the manufacturers of Georgia was called to meet in the hall of the House of Representatives. The convention was. largely attended, and as one of the results thereof money was raised, and a special building erected at the expeose of the manufacturers themselves, in which you will find the exhibit of the Georgia manufacturers. The variety, character, and ext('nt of this exhibit must inspire the pride of every Georgian, and when taken in connection with the exhibit made by the State Board, places Georgia before the world in a most enviable light. Those who come from

MoNDAY, OCTOBER 28, 1896.

23

abroad to visit this great exposition, and views Georgia's resources as exhibited in the State Buildingand in the Georgia Manufacturers' Building, will leave us with a higher estimate of the rf)Sources and capabilities of ou~t State and the character and achievements of our people. The influence of the exposition and of the State's exhibit will be of incalculable value in directing to Georgia a vast amount of capital which the revival of business will cause to seek safe and profitable investment.

COMPTROLLER-GENERAL'S REPORT.

The report of the Comptroller-General presents a num-

ber of interesting facts. I call your special attention to

two tabulated statements arr.anged by him, the one show-

ing the value of the different classes of property in 1879

and in 1896, and the other the value of the taxable

property of our colored population during each of the

years within that period :

1879.
City and town real estate ............ $49,007,286 A.gricultnral Jande . . . . . . . . . . . . . . . . . 90,493,822 Live-stock ....................... __ . 21,017,634 Farm implements .............. _. 2,971,372 Household furniture ............ ___ . 9,156,404 Merchandise........................ 12,012,755 Money, etc ..................... 25,513,005 Cotton factories. . . . . . . . . . . . . . . . . . . . 1,640,000 Iron works, etc ....... ,_ . . . . . . . . . . . . 295,640 Bank capiLal . . . . . . . . . . . . . . . . . . . . . . . 4,667,567 . Railroad property ..... ~ .. _... _. . . . . 9,866,129

1893.
$116,311,095 120,872,615 21,174,632 4,754,651 15,165,146 17,419,116 31,056,175 9,684,286 968,333 13,093,686 39,1152,572

STATEMENT OF PROPERTY RETURNED BY COLORE[)
TAXPAYERS FROM 1879 TO 1895.
1879... --.- .. - ... - ...................... - ......... $ 5,182,398
1880.................. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . 5,764,293
1881. . . . . . . . . . . . . . . . . . . . . . . . ................... - .... - . . 6,478,951 1882...................... - ............... :. . . . . . . . . . . 6,589,876 1883........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,582,1!95
~=:::::::::::::::::: _._._._. ::.-:::.-.-::::::::. :::::: ::.:: ~~~a~
1886................................................ -..... 8,655,298 1887 .... - ........................................... -. 8,986,479 1888.......... . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . 9,631,271 1889........................................... ' ... 10,415,330 a.sgo. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . ... - . 12,822,003

24

JouRNAL OF THE SENATE.

1891. ............................................... 14,196,735 1892 .................................................. 14,869,575 1893 ................................................. 14,960,6i5 1894 .................................................. 14,387,730 1895 ................................................ 12,94l,230
Th~ tax returns for the present year show a loss of nineteen million dollars of valuation as compared with the returns for the previous year. While this is to be regretted it is scarcely to be wondered at when we consider the depressing effect of the panic upon business and property values everywhere.
THE NEED OF A NEW ASSESSMENT LAW.
In reference to the value of property as shown by the Comptroller-General's report gathered from tax returns, it is my duty to say to you that it does not approximate the real or market value of the property of the citizens of the State subject to taxation. Under the present system of making tax returns, outside of where the returns are affected by local assessment systems of towns and cities, each man is his own tax-assessor and places upon his property such value as he sees fit, even himself in many instances confessing that the amount at which it has been returned by him for taxes bears no approximate relation to the real value of the property. While the legislature nominally fixes the tax rate for the State to be collected from her citizens, each citizen ha..'! the power to fix his own tax rate, and many of them do fix it at an unjustly low rate by placing a value upon their property far below its value and on a scale much lower than that by which the property of their neighbors are valued. The man who pays taxes upon property unfairly valued at $500, while on property of the same value his neighbor pays on $1,000, is lowering his own tax rate one-half, depriving the State of its just revenue, and placing an unjust burden upon his honest neighbor who values his property correctly.
I most earnestly recommend that so .. e plan be devised

MONDAY, OCTOBER 28, 1895.

25

by which the State can arrive at something like a just valuation of the property of its citizens subject to taxation and protect the mao who honestly returns his taxes against impositions from those who return their property at an improper valuation. It is well to bear io mind that any plan which you may adopt will, when put in practical operation, prove imperfect, but as these defects appear it will be the duty ofyour successors to correct them and continue to perfect the law. Certain it is that no system which can be adopted ean be open to greater abuses or .more flagrant injustices than the law under which our property is now returne~ for taxes. A proper plan for assessment of property for taxation will not only equalize values but place upon the tax books a vast ~mount of personal effects which now escape taxation. In connection with this recommendation I desire to suggest that you authorize the Comptroller-General to prescribe and furnish to the tax-collectors and tax-receivers of this State such books as in his judgment should be kept by them and to prescribe rules directing how these books shall be kept. This will enable him to require the business or the State conducted by each of these officers to be conducted in a systematic and business-like manner, and will result in a large saving to the State.
TREASURER's REPORT.
The report of the State Treasurer will give you ample information as to the conditions of our finances. By reference to this report it will be seen that under the law enacted by your honorable body at its session in 1894 providing for the quarterly payment of teachers that the treasury will have a severe strain to bear. The payment, soon to be made, will require the treasurer to advance to the school fund about four hundred thousand dollars. I respectfully suggest that your finance c01p.mittee make close inquiry into the effect of this great draft upon the treasury, and that such legislation as may be needed for its relief, if any, be enacted.

26

JOURNAL OF THE SENATE.

STATE DEPOSITORIES.

Soon after coming into office I undertook, in conformity with the Act of I878, to make an arrangement with the various depositories providing for the payment of interest upon the pnblic funds entrusted to them. As a result of this effort I consummated contracts with all of the banks but two, which two resigned rather than pay interei!t, which eontracts provided for the payment of interest at the rate of two per cent. on daily balances from March 1, 1895, to March I, 1896, to be paid semi-annually. I am informered by the State Treasurer that the amount of interest due the State for the first six months, ending September I, will approximate eight th(.usand dollars. It must be borne in mind in this connection that the provision for quarterly payment of teachers, which is a wise and proper one, has largely reduced the State's deposits in its various depositories, and for that reason the income from this source can be nothing like so large as it would otherwise have been. It is gratifying, however, to know_, notwithstanding this large decrease of deposit, that within the firt~t six months I have been able to make for the State the sum of eight thousand dollars from this unexpected source. I respectfglly suggest that the law providing for State depositories be so amended as to remove all doubt that may exist iu the mind of any one as to the power of the Governor to appoint a successor when he is unable to agree with them upon the rate of interest to be paid upon the State deposits.

3t SALE OF

PER CENT. BONDS AT A PREMIUM.

Under the provisions of the Act approved December 18, 1894, 499 five hundred dollar bonds on the Northeastern Railroad indorsed by the State were deposited with the treasurer to be exchanged at par for the new three and onehalf per cent. bonds to be issued under said Act. Fortu-

.JafuNDAY, OcToBER 28, 1895.

27

nately, however. for the State these new three and one-half per cent. bonds were, when offered for sale, sold to the Columbus Savings Bank at a premium of 11-100 per cent. for each five hundred dollar bond. To have sold a bond bearing . three and one-half per cent. interest at a premium during such a financial stringency, is an event in our history of which all Georgians may well be proud, and speaks volumes for the high standing of our State in the commercial world. The sale of these bonds enabled me to discharge our obligation on the Northeastern Rai\road bonds which had one year to run and were bearing interest at 7 per cent. per annum. The saving to the State in the difference between 7 and 3! per cent. for the period that tl~cse 7 per -cent. bonds were to run was the sum of $8,155.

PROCEEDS OF SALE OF BONDS.

}"rom the following statement of the State Treasuer you

will see what disposition was made of the proceeds of these

hoods:

p.. U. HARDEMAN, TR.,

IN ACCOUNT W'JTH PROCEEDS ARISING FROM SALE 8! PER CENl'. BONDS.

DR.

To amount received from sale 3! per cent. bonds....... $ 287,063 RO

""

" 3! bonds and premiums not iBSued .

in my hands............................... .. . . .. 3,000 66

To amount received from R. K. Reaves, Receiver North-

eastern Railroad. . . . . . . .. .. .. . . .. .. . . .. . . . . . .. . . . 2,800 00

$ 292,863 46
BfCRa.mount paid holders of bonds and coupons ....... $ 281,874 50
' " " Proclamations for sale R. R. and bond transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,346 29
By amount paid engraving, printin!i,andexpress charges 827 46 Bonds in my hands not iBSued and premium. . . . . . . . . . 3,000 66 Balance on hand. .. .. . .. .. .. . . .. . . .. . . . . . . . . . . . . . . . . . . 5,3lo 55

$ 21)2,864 46 This balance is now on deposit with the Merchants
. Baok of this city, a State depository, to meet the outstanding bonds of the Northeastern Railroad, all of said bonds having been paid by me, with the exception of eleven (11) five hundred ($500) dollar

28

JOURNAL OF THE SENATE.

bonds and coupons which will make outstanding bonds and coupons ................................$ . 6,077 50 .And as above stated, I have on hand................... 5,315 5.'>
Leaving a balance of.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 761 95 ===
Which amount we can get from the receiver of the 'road, or by tho issuance of one of the bouds now in my hands, as your Excellency may determinine.
It is proper tor me to call your attention to the condition of some of the past dot:! coupons on the bonds of the Northeastern Railroad which I have not seen proper to advise the treasurer to pay, and suggest that you decide the eourse to be pursued in reference thereto. Coupons attached to these bonds, amounting to the sum of e]even hun-dred doliars, which were past due at the time the State was notified of the default of the road on payment o.f interest have not been paid.
These bonds indorsed by the State contained the provision that whenever there shou]d be a default on the part of the road and notice of such default given the State, that the Governor should seize the road and operate it so as to protect the State as surety on these bonds. Had the State been notified of the defau]t of this road at the time these ctmpons matured it could have at once seized the road and operated it from that period. Its failure to seize and operate it from that time, secure an ineome therefrom and protect itself from further loss on ma-
turing coupons was due to no fault of its own, but was the
fau]t of the holder of the bonds, declining to give the State notice of the default of the road. Under these conditions I have thought proper to refer the matter to you, that it might be disposed of as you thought just.
CONDITION OF NORTHEASTERN RAILROAD.
Since coming into office I have found it necessary to go to considerable expense in putting the Northeastern Rail-
road in good condition. Among other extraordinary expenditures incurred was in the purchase of an engine, for

MONDAY, OCTOBER 28, 1895.

29

which we paid four thousand dollars. We were paying fifteen hundred dollars per year as rental for an engine~ and under the contract were required to keep the same in
I
repair at our own expense. This policy I did not deem wise to continue and therefore made the purchase as above stated.
SALE OF THE NO.RTHEASTERN RAILROAD.
As provided by law, and advised by Acto 1894, after advertising same according to law, that part of the Northeastern .Railroad lying between Athens and its junction with the Southern Railroad was exposed to sale in the city of Athens on the 16th of April, 1895, and bought in by me fur the State of Georgia for the sum of one hundred thousand dollars, this being the on1y bid made. The deed to the property has been made to the State and properly recorded. I submit herewith a statement showing the running expenses and expenditures of the road from date of seizure by the State to date of sale, and from date of sale to September 1st :

Statement of Earnings and Expenses of the Northeastern Railroad of Georgia from November 20, 1893 to April 16, 1895, Inclusive.

I I !Net l!:arninp., Earninga. Expeoaes.

Deficit.

Nov., 1893............. $ ~-. 1893....... ... ...... . Jan., 1894........... ......... Feb., 1894..............:... Mch., 1894........ ...... ...... April, 1894....... ............ May, 1894....................
June, 1894.......... ........ July, 1894.................:.. Aug., 1894....;... ............ Sept., 1894........ ... ........ Oct., 1894.............,... ... Nov., 1894........ ........... Dec., 1894................ ...
Jan., 1895.. ... ......... Feb., 1895.............. ..... Mch;, 1895.. ..... ......... ... :April, 1895....................

2,354 11$ 1,535 53$ 818 58$ .........

7,883 74 5,259 40 2,624 34 ...........

5,995 66 3,597 59 2,398 07 ............

5,021 51 3,932 84 1,088 67 ...........

6,844 27 3,94;J 22 2,901 05 ...........

3.977 58 3,739 84 237 74

3,374 81 3,193 95

180 86 ...........

8,321 04 2,928 75 392 29 ............

3,296 16 3,007 06

289 10 ............

4,108 82 3,728 02 380 80 ...........

3,894 12 3,223 73

670 39 ............

7,074 33 4,392 39 2,681 94 ............

8,455 25 4,169 62 4,285 63 ............

6,108 70 . 4,084 58 2,024 12

4,567 18 3,410 66 1,156 62 ............

4,091 98 3,342 09

749 89 ............

5,751 97 3,315 68 2,486 29 ............

2,674 67 3,339 79 ................. 665 12

$ 88,795 90$ 64,144 74$ 25,316 28$ 665 12

30

JOURNAL OF THE SENATE.

Statement of Earnings and Expenses of the Northeastern Railroad .of Georgia from April17, 1895, to September 30, 1895, Inclusive.

I I Expen~es. I Earnings.

Net Earnings., Deficit.

April, 1895.................... $ May, 1895................... . .June, 1895.................... .July, 1895....................
Aug., 1895...................

1,304 91$ 3,269 74 3,147 74 3,420 98 3,866 93

1,549 51$ ............. $ 244 60

3,281 38 21 64

3,079 22 2,974 31

68 52 .. 446 67 ............

3,263 98 602 95 ............

$ 15,010 30$ 14,158 40$ 1,118 1H 266 24

After purchase of the road I placed in charge Hon. R. K. Reaves, who has been operating the road since the purchase as agent of the State. There is no doubt that" the road will earn a very large dividend on the purchase price paid therefor by me, and will yield a sufficient income to pay the interest on the entire series of bonds which the State issued to take up the old bonds of the Northeastern Railroad indorsed by it.

FUTl:'RE DISPOSITION OF THE NORTHEASTERN RAILROAD.
I desire to call your attention to this property, and submit to your consideration the question of its future operation Qr disposition. If, in your judgment, it is wise to sell or lease this property, it will be necessary for you to enact the provisions under which you desire the sale or lease contract to be made.
BLUE RIDGE AND ATLANTIC RAILROAD.
This road reaches from Cornelia, on the Southern Railroad, to Tallulah Falls, and was originally a part of the Northeastern Railway property. Growing out of this fact is the claim of the State thereon to secure the payment of the bonds indorsed by the State on the Northeastern Railroad property. This claim, it is understood, will be contested

.MONDAY, OCTOBER 28, 1895.

31

by those who at present claim the Blue Ridge and Atlantic Railroad. The road is now in the hands of a receiver appointed by the United States court. It has been reported to me that one-half of it has been abandoned, and is not now being operated. It has been, and is now, a mooted question as to whether or not an effort to enforce the claim of the State will result in expense or benefit to the State. I respectfully suggt>st that a committee of the best business men in your body make an examination of this property, consider its connections and surroundings, and give directions whether or not the State shall proceed to enforce its claim thereon.

THE WESTERN AND ATLANTIC COMMISSION.
In pursuance of an act passed by the General Assembly in 1894, providing for a method of SPttliog controversies between the State and other parties over property connected with the Westero and Atlantic Railroad, I s.ppoioted as. Commissioners to pass upon and determine such questions as might be submitted to them under the terms of the act, Hon. John L. Hopkins, of Fulton county; Hoo. T. R. Jones, of Whitfield, and Roo. H. W. Hill, of Meriwether. There was submitted to them for adjustment a controversy over some railway property lying between Whitehall and Forsyth streets, in the city of Atlanta. The value of this property was very great, and the case was a long and tedious one, and hotly contested on both sides. After hearing evidence and argument the court decided the issues involved in favor of the State. The evidence is so "'I!'Oluminous that I have not deemed it advisable to go to the expense of printing. The finding of the Commission I have ordered printed, and will in a short time be placed before you. I ~ave agreed, as authorized by law, to pay each of these Commissioners the sum of six hundred

32

JOURNAL OF THE SENATE.

(600) dollars, subject to your approval. I respectfully ask that your body make provision for the payment of this sum, and for other expenses incurred by the Commission to the amount of three hundred and fifty dollars and fifty cents.

PENSIONS.
I herewith submit to you a statement showing the amount of pensions paid to Confederate soldiers for each of the last three years. It will be seen, notwithstanding a number of deaths, that there has been an increase in this sum due to the fact that as they grow older their wounds and affiictions increase their disabilities and make it necessary for them h> call upon the State for assistance:

MAIMED SOLDIERS. Number.
Year ending 26th October, 1893..................... 3,222 Year ending 26th October, 1894..................... 3,235 Year ending 26th October, 1895..................... 3,369

Amount.
$185,000 00 185,000 00 190,000 00

The following table will show the amounts received by widows for each of the three years, during which they have received sixty dollars per annum:

WIDOWS. Number.
Year ending 15th February, 1893................... 4,068 Year ending 15th February, 1894................... 3,997 Year ending 15th February, 1895.......... ...... .. 3,929

Amount.
$244,080 00 239,820 00 235,740 00

The decrease in the amount paid as pensions to the widows of Confederate soldiers has been about five thousand dollars per year.

PENSIONS UNDER ACT OF 1894.
Under the Act of the General Assembly providing for the payment of pensions to indigent soldiers, the number of applicants approved to date are 1,768, and new applications continue to arrive. To pay the claims already approved would require $106,080. The appropriation made for the payment of this class of soldiers was only thirty thousand

MoNDAY, OCTOBER 28, 1895.

33

dollars. Following the precedent established heretofore in eases where the appropriations fell far short of the demands for pensions, it was deemed wise not to pay out this thirty thousand dollars, and for that reason nothing has been paid under this Act. I submit to you these figores and leave to your wisdom to determine what shall be done. It is probable that it will take $125,000 to meet the requirements of this Act. I cannot forbear saying that the motives which prompted the passage of this Act were generous, noble, and worthy the great State of which you are the accredited representatives. There is no class of our fellow citizens, no class of our pensioners, who are more deserving of the State's bounty than those who are entitled to pensions under the provisions of this Act, and I most earnestly recommend that you make provision for the payment of this class of pensioners.

TRANSFER OF PENSIONS TO OFFICE OF ADUJANT-GENERAL.
The work in the Pension Department has grown to such an extent that it has become a great burden upon the limited clerical force in the Executive Department. It has been mentioned by my predecessors, and by one of them the re;)ommendation was made that the Executive Department be released of this burden. As the Constitution limits the clerical expenses there we cannot for the purpose of doing this work increase the appropriations for the Executive office. I therefore recommend that yott authorize the transfer of the entire work of the Pension Department to the office of the Adjutan~-General, and that you provide a clerk for that department. At the time the Constitution limited the amount of expenditures in the Executive Department the State granted no pensions. The number of pensioners under all existing laws will be near to ten thousand and will require an enormous amount of labor. To
3B

34

JouRNAL oF THE SENATE.

consider carefully every application, guard against imposition, and to do justice to every worthy petitioner is a delicate
I
and arduous task which should not be done hastily or carelessly.

PENITENTIARY.

The report of the Prindpal Keeper of the Penitentiary will give you all ne..:essary information in reference to that important and growing department. It is gratifying to know, however, that during the last twelve months the increase in the number of convicts has been smaller than the year previous, and, with few exceptions, smaller than any year since the Lease Act went into effect. The greatest trouble with the lessees during the year just past has grown out of, what is known as 'trusties" in t.he convict service. From my knowledge of these camps and the way they are c~nducted, I am satisfied that it is wise to permit this to some extent under strict rules and limitations, but as to whether or not this practice of making trusties of some convicts is being abused is now a grave question. I have instructed the Principal Keeper and his assistant to make diligent inquiry into this custom, its use and abuse, and report to me with such recommendations as may in their judgment be wise.
The Principal Physician of the Penitentiary reports that, in his opinion, two of the camps now being operated in South Georgia may prove disastrous to the health of convicts which are required to labor therein. As both these are comparatively new camps, we have not as yet had sut:. :ficient opportunity to thoroughly determine this question to my satisfaction. I will have these camps closely cared for and take prompt action if the conditions should at any time demand it.

MoNDAY, OCTOBER 28, 1895.

35

ENFORCEMENT OF LAW.
The enforcement of the criminal laws of this State has been carried on for the last twelve months with gratifying resul!s. On several occasions it bas been found necessary to call out the militia. It affords me pleasure to say that in each instance the troops have borne themselves in a commendable and soldierly manner, and for their promptand -efficient services rendered on these occasions they are entitled to the thanks of the commonwealth.

LYNCHING.
Since the day of my inauguration there have been five persons lynched in this State. In each instance the party tynched was chargE-d with the same offense. No one has been lynched during my administration except for the crime of -rape. I have vainly endeavored, by an appeal to the civil authorities and by offering rewards for the lynchers, to bring to trial some of these violators of the law; but neither an appeal to the courts nor the offering of rewards have had the .desired effect. The courts have been unable to-secure proof, and without this they are powerless. to enforce the law. Qur people are peculiarly situated. No civilized people on -earth other than Southern States are surrounded as we :are. Our country in many sections is thinly settled, and fully one-third of our population is composed of those who up to a few years ago were slaves, a large percentage of whom lack moral training, and have not the proper respect for law or the rights of others.
In some portions of the State our women in the country are constantly exposed to the brutal attack of the .QUtlaw, who has respect for neither virtue nor law. It is for this reason that sometimes, when these outrages upon women do occur, people-who feel that the eafety of our women depend upon prompt pun-

36

JOURNAL OF THE SENATE,

ishment, find their indignation uncontrollable and inflict penalties which should only be imposed by lawful authority after a trial by a court of justice. This is wrong~ It sacrifices the good name of our State in the eyes of thecivilized world, the good opinion of which should be desired by all. These mobs, by violating the law, create a spirit o[ lawlessness and indirectly increase the very crime which they seek to suppress: In several instances the partieslynched in this State have been taken from the hands of officers and most brutally, cruelly, and inhumanly treated~ Such conduct cannot be too severely condemned. In my opinion it will be wise for the General Assembly to enact a law providing that wherever a person is taken from thehands of officers and maltreated or murdered, that the Governor be authorized to remove from office the man from whose custody he was taken, that the administrator or thefamily of the deceased shall have the right to recover from the county the full value of his life. The State has no right to permit its officers to take charge of a man, render him powerless to protect himself, and while in this helpless 'COn- clition in the custody of the State to be taken by an armed. mob and maltreated or murdered. In all such instancestheir legal representatives should have redress in the courts, with right to sue in any county adjoining the one wherethe offense was committed, and the Governor should beempowered, in his discretion, to remove the officer.
Snch provision would make more active our law-abiding citizens in suppressing lawlessness and encouraging all of our people to resort to the courts for the punishment of the crime, even where the offense charged is the most brutal, the most dastardly and the most heinous. In each of theinstances mentioned the party lynched has been a negro. What excuse can be given .for this conduct when our race has control of the Legislature and of the courts, furnishing both the judges and the jurors? No white man should

MONDAY, OCTOBER 28, 1895.

37

insist upon the infliction of punishment in a case where he is unwilling to entrust the trial to the most intelligent and upright of his own race. If a fair trial cannot be had before these iu a court of justice, how can one be justly and fairly had by a raving mob.

REFORMATION IN CRIMINAL LAWS.
I commend your action in promptly taking up at your previous session the matter of reformation of our criminal laws. If I am correctly informed a bill covering this subfeet has already passed the lower house.
I recommend that action be taken upon this measure at the earliest practicable moment in order that such changes in the criminal laws as may be made may be embodied in the codificatiou of our laws which is soon to be published.

DIRECT TAXES.
Herewith I furnish you statement of direct tax refunded by the Federal Government to the State of Georgia, to be .disbursed to such of her citizens 'as were entitled to it .nuder the provisions of the act of Congress :
'Total amount received by State .......................... $83,031 03 Balance in Treasury October 18, 1895 . . . . . . . . . . . . . . . . . . . . 19,031 03 .Amount paid out during my administration . . . . . . . . . . . . . . 694 27
GEORGIA EXPERIMENT STATION.
The expenses of the meeting of the Board of Directors -of the Georgia Experiment Station are now paid by the State. As this institution receives from the Federal Government fifteen thousand dollars annually, and the State has .already furnished the farm and erected its buildings, it is entirely proper that the expenses of the meetings of this Board be paid out of the funds at their

38

JOURNAL OF THE SENATE.

command. If the fund received from the Federal Government cannot be used for this purpose-and I see n() reason why it should not-it should be paid from the products of the farm. The sum paid annually to this Board of Directors, covering their expenses, amounts to about eight hundred dollars-a sum worth saving to the State~

VIOLATION OF TREATY WITH SWEDEN AND NORWAY.
I transmit herewith letters with accompanying documents from the Secretary of State of the United States requesting that Georgia make indemnity for the violation at Brunswick of the treaty of the United States with Sweden and Norway. I called upon the Honorable Secretary of State to furnish me with some precedent where States had been called upon and paid the indemnity in such cases. He has, however, failed to furnish me with this information. The.relation of our people with foreign governments is regulated by international law and treaties entered into by the United States. For a violation of these laws and and obligations the United States is responsible to the foreign governments, and unless the Secretary can furnish some authority to justify the demand that the State of Georgia pay in this case, this amount, I cannot advise its payment. I, however, furnish you with the documents giving all the information at my command,. knowing that after making thorough investigation that you will dispose of it as is just and wise. If, in your judgement, it i8 proper that the State of Georgia pay this,. you are requested to make the needed appropriation.

EDUCATIONAL INSTITUTIONS.
The ~ducational institutions of Georgia, though not per.:. feet, show such progress as to furnish cause for just pride~ The convention of the County School Commissioners held in

MONDAY, OCTOBER 28, 1895.

39

the hall of the House of Representatives but a few days since furnishes high evidence of the improvement of our schools and the progress being made by the various counties in securing efficient County School Commissioners It wasan intelligent body of earnest men, who impressed all who looked upon them, not only Georgians but strangers, that our common schools are in the control of competent men. The progress in this respect was cheering and means much. The common school fund for this year ~s as follows :

SCHOOL FUND FOR THE YEAR 1895.

Sources.

Amount.

Liquor tax. . . . . . . . . . . . . . . . . . . . . .................... $ 102,000 00

Show tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,500 00

Dividends, Georgia Railroad stock.................... 2,046 00

Hire of convicts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,000 00

Fees oil inspectors. . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . 17,500 00

One-half rental W. & A. R. R.... . .. . .. . . . . . . . .. . . . . . 210,006 00

Direct appropriation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600,000 00

Poll tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208,000 00

Aggregate.................................... $1,156,052 00

Add to this $500,000, the total amount raised by local taxation in various counties and cities, and we have as the total amount raised by taxation in the State for educational purposes $1,656,052.00. This great interest merits your careful attention and substantial aid. While heartily favoring continued increase in the aid of the State to our common schools, I recommend that you take such steps as will encourage counties and localities to co-operate with the State in seeking to upbuild the common schools. There is no better work in which you can engage as leg~slators. If we can secure the hearty co-operation of the citizens of this State and induce them by local taxation voluntarily impose upon themselves by the people of each locality to co-operate with the State and aid us in completing and perfecting our common school system until the State is

40

JouRNAL OF THE SENATE.

able of itself to run an eight months' school, you will accomplish a great work for the children of Georgia and for the State.
I commend to your consideration, as especially worthy of your encouragement, the North Georgia Agricultural College at Dahlonega, the State Normal School of Athens, the Georgia Normal and Industrial College at Milledgeville, the School of Technology at Atlanta, and the Uni\ersity of Georgia at Athens. In my opinion, the great need of most of these institutions is buildings. At the last session of the General Assembly I called your attention to the great need of additional boardiog apartments at the Georgia Normal and Industrial College.
While embarrassed hy the present condition of the treasury, I cannot forbear calling your attention again to this matter. You have made the appropriation to employ the teachers, to secure all necessary appliances, and yet for the want of building a very large number of the class of girls whom we are most anxious to aid are unable to attend, because unable to pay the board required of them when boarding outside of the qollege building.

COLORED SCHOOL AT SAVANNAH.
I had the pleasure of attending the commencement exercises of this institution, and was highly pleased with the result of the work of the students as exhibited on this occasiOn. The members of the Board of Commissioners are to be commended for their zeal in behalf of the success of this institution, which means so much to the eolored people of Georgia.
I respectfully recommend that this school be opened to both males and females, and that greater facilities be afforded for the training of teachers. We have assumed the obligation, and properly assumed it, to educate this class of

MON])AY, OCTOBER 28, 1895.

41

our fellow-citizens, and cannot overlook the great need of normal training among their teachers, nor underestimate the importance of having them under the guidance of friendly influences. I earnestly recommend that a large part of the work of thi~ State institution be devoted to the training of teachers who may f!O out and take charge of the colored schools, and that the State make ample provision to enable this institution to afford the ample facilities to fulfill its
miSSIOn.
CHARITABLE INSTITUTIONS.
I invite your attention to the reports and recommendations from the Lunatic Asylum, Deaf and Dumb Institute, and the Academy for the Blind, and respectfully ask that you give to each of these institutions all needed aid. It would be wise to add two members to the Board of Trustees to the LuD'atic Asylum. The enormous expenditures of money necessary to sustain this charity, and the large number of inmates from every part of the State, make it important to have enough members on the Board to distribute between the various sections of the State, and there should be at least two so near the Asylum that they can at any time be consulted when emergencies arise upon which the superintendent and other officers do not deel'!l it safe to act without advice from the Board of Trustees.

BONDS OF COUNTY OFFICERS.
It is the practice in many counties to receive as sureties on the bonds of the public officers security companies, whose main offices are in other States. I invite your attention to this practice, and to the great evils which may accrue therefrom. I recommend that each of such companies doing business in Georgia should be required to make a deposit with this State in a manner similar to that now exacted of insurance companies.

42

JouRNAL OF THE SENATE.

LIEUTENANT GOVERNOR.
Now that the great evil of frequent elections is tully realized, I call your attention to the fact that in case of the death of the Governor under existing laws, it would be necessary to lwld a special election in order to elect a successor. This would involve the people in enormous expense, annoyance ancl sacrifice of business. I recommend that the constitution be so amended as to provide for the election of a Lieutenant Governor at the same time that the Governor and State House officers are elected.

ELECTION LAWS.
I congratulate you upon the progress made in the improvement of our election laws, and advise that you continue in this work until every imperfection is corrected. In addition to such legislation as may be passed by you regulating the holding of elections, it would, in my opinion, be wise if the Constitution should be so changed as to provide that contests for seats in the Geneml Assembly be beard before the judges of the superior courts, with right of appeal to the supreme court. Those who have had experience with contests in the General Assemby will readily concede that a fairer and more just conclusion can be reached before the court'l than can be ordinarily expected from the decisio'n of partisan bodies.

SUPREME COURT.
The accumulation of business in the Supreme Court of our State has for a number of years caused considerable public discussion, but as yet no solution has been reacht~d. In my opinion, the action of the people in voting down the amendment to the Constitution, providing for two additional Judges to the Supreme Court was wise. That amendment would have burdened us with two salaried officers

MoNDAY, OcToBER 28, 1895.

43

and left the difficulty on our hands and the problem unsolved. The business of the court has increaserl, as you will see from the table attached, to such an extent that one court cannot properly do the work. It may decide the cases, but it cannot thoroughly investigate every case and give to each question the thought to which it is entitled.

STATISTICS OF BUSINESS IN THE SUPREME COURT.

Year.

I
On Dockets.

I 1890

547

1891

529

1892

66';'

I

I I 1893

698

1894

723

DISPOSED OF

By Opinions.

399

73%

445

84%

563

84%

597

86%

626

87%

I

Otherwise.

148

27%

I 84

16%

104

16%

I 101

14%'

97

13%

1895.-To t.his date, Octl)ber 18th, 796 cases have been docketed. Of these, 30~ have been disposed of.
of If the business the court is not diminished by placing
additional restrichons upon litigants to prevent their

reaching that court, relief to the Supreme Court must come

not from increasing the number of judges, but by the establishment of another court. If a separate court is established

each case can then be properly and thoroughly discussedr

the principles involved intelligently and wisely settled, and

our courts command more completely the respect and con-

fidence of our own people and the admiration of people of

other States.

(A) "FORMER RECOMENDATIONS."

Wfthout tiring you with repetition, I call your attention to the recomendations made you in my former message, and especially to those relating to the equalization of the work of judicial :circuits, the necessity of more speedy action of our courts, the need of State supervision of mis-

44

JouRNAL OF THE SENATE.

demeanor convicts and the great need of the correction of the evils growing out of, and incident to the fee system.

IN CONCLUSION.
The foregoing information and recommendations, together with the reports from each department and institution, which will be placed before you, are submitted to you for consideration. In our government responsibility for the conduct of public affairs rests upon the party in power. ln this State the people have entrusted with the management of the commonwealth the Democratic party, to which a majority of each House of the General Assembly owe their allegiance. I know I can confidently rely upon these representatives to enter upon the discharge of their important duties with courage and wisdom, and I sincerely hope that in the discharge of the high trusts confided to them they will have the hearty co-operation of the members of all ~ political parties.
W. Y. ATKINSON, Governor.

CLEMENCY.
The following list contains the names of persons to whom clemency has been extended since my message in 1894, together with the reasons for action in each case :
GEORGE BIRD.-Convicted of assault with intent to murder, November term, 1894, Troup county; sentence, two years. Pardoned upon recommendation of many citizens, also of judge and solicitor-general.
L. N. CHASTAIN.-Convicted of carry~ng concealed weapons, Gilmer county; sentence, two months in chaingang. Pardoned upon recommendation of judge, solicitorgeneral, and a large number of petitioners.

MONDAY, OCTOBER 28, 1895.

45

ERWIN GREEN.-Convicted of horse stealing, April term, 1892; sentence, 1l years. After two years' service, with a good prison record, pardoned upon urgent recommendation of judge, solicitor-general, a majority of trial jury, the prosecutor, senator, representative from that county in present General Assembly, and the principal physician of the penitentiary.
JoHN .ANGUS WILLIAMs.-Convicted of burglary, spring term, 1893, Fulton county; sentence, three years. At time of commission of crime very young, and pardoned because earnestly requested by judge and solicitor-general on account of age.
Gus PENRIFAY.-Convicted of assault and battery, October term, 1894, county court of Jasper county; sentence, $60 fine or twelve months on chain-gang. Pardoned on petition signed by presiding judge, the solicitor, county officers, and large number of citizens, representing that Penrifay was a:ffi.icted with an incurable disease, and attending physican thought that humanity demanded his release.

JoE OzBURN.-Convicted of murder, September term, 1891, Newton county; sentence, life. Pardoned because he had received a serious injury, which resulted in complete paralysis of his lower extremities, and the principal physi- . cian of the penit~ntiary reported that his condition was pitiable and deplorable, and the penitentiary committee of the House of Representatives, inthe present General .Assembly, unanimously recommended his pardon.

IsAAC SLAPPY.-Convicted of assault and battery, July ' term, 1894, county court Houston county; sentence, $75
or twelve months on chain-gang. Pardoned because of good behavior and the capture of a desperate criminal, and upon the recommendation of the county judge and solicitor, the county officers, and many citizens.

46

JOURNAL OF THE SENATE.

GEORGE W. MooRE.-Convicted of retailing liquor without license, April term, 1894, Emanuel county; sentence,$500 fine or twelve months on chain-gang. Pardoned 11fter serving eight months' sentence upon affidavits made by two reputable physicians that his health was greatly impaired, that he is quite old, and also upon recommendation of judge and solicitor-general.

JoHN H. MARTIN.-Convicted of malicious mischief, June term, 1894, city court of Jackson county; sentence, fine $50.00 and costs, or twelve months in the county chaingang. Pardoned because evidence does not disclose a purpose to violate the law, though the defendant was perhaps technically guilty, and after his conviction he became blind, and the judge who presided at the trial urgently recommended executive clemency.

JosEPH F. MrLLER.-Convicted of" shooting at another not in his own defense," June term, 1894, Chatham county; sentenced to confinement in the county jail for one year. Pardoned upon certificate of jail physician that Miller was in a critical mental and physical condition, and upon recommendation of judge and solicitor-general.

SIDNEY LrLIENTHAL.-Plead guilty in superior court of Chatham -county of larceny from the person ; sentence, three years. After serving twenty months, pardoned upon recommendation of judge 'and the expressed doubts about the offense being really a felony.
W r'LLIAM GrnsoN.-Convicted of larceny from the house, Towns county; sentence, twelve months. Having served more than two-thirds of his term, his prison record being good, and the judge and solicitor-general so recommending, he was pardoned.

MoNDAY, OCTOBER 28, 1895.

47

JoRDAN NEELY.-Convicted of assault with intent to murder, March term, 1893, Coweta county; sentence, two years. Long known to the Governor as a good citizen, and in consideration of facts and circumstances surrounding him at time of commission of crime as developed at the trial, which was heard by the Governor, and of his good record since con6nement, and believing that the law was fully vindicated, he was pardoned.

JoHN HAYES.-Convicted of an assault with intent to murder, fall term, 18!13, Fulton county; sentence, four years. Assault made under circumstances of great provocation, defendant's wife having been grossly insulted and assaulted by the party on whom defendant made assault. The trial jury filed a strong appeal for clemency, and the solicitor prosecuting the case recommended the same, and Hayes having served more than ten months of his sentence, was pardoned.

NAT PoRTER.-Convicted of gambling, county court, Dodge county; sentence, nine months on chain-gang. He received an unmerciful whipping from authorities of chain-. gang, causing painful wounds upon his body, and the county judge and solicitor having so recommended, he was pardoned.

RoMOLIS 0LOWER.-0onvicted of selling spirituous liquors without license, April term, 1894, Jones county; sentence, $50 fine, or six months in the chain-gang. He became tOtally blind, and for that reason the authorities had not been able to dispose of him in any chain-gang, and he had been in jail nine months. Pardon recommended by the ordinary; judge, and solicitor of the county court, and sheriff.

48

JOURNAL OF THE SENATE.

JoHN JoHNSON.-Convicted of violation of the liquor laws, January term, city court of Clarke county. Two sentences; one, fine, $100 and costs, or eight months on chain-gang; second, $500 and costs, or t.welve months on the chain-gang. Pardoned after serving eight months, upon recommendation of judge, solicitor, county officials, and many citizens. His health very bad, and he was entirely unable to pay fine.
HE~RY W EHUNT.-Convicted of rape, September term, 1891, Cherokee county; sentence, fifteen years. Testimony shows that there was considerable doubt as to whether the offense was rape or not, as there was no evidence of force or violence_ .being used. Judge and solicitor-general urged pardon, they both being doubtful about the guilt of the defendant. Petition signed by nine jurors, all the county officials, eleven ministers, and more than five hundred citizens living in the neighborhood where the crime is alleged to have been committed.

ED PETTY.-Convicted of larceny, September term, 1891, criminal court of Atlanta; sentence, twelve months on the chain-gang. New evidence showing innocence of prisoner, and pardon recommended by judge and solicitor.

RoBERT HENDRIX or HENRY KENNY.-Convicted of burglary, October term, 1892, Fult<>n county; sentence, three years. After serving half his sentence pardoned upon recommendation of judge, solicitor-general, and prosecutor.

WILEY O'KELLY.-Convicted of aiding a prisoner to escape, May term, 1894, Douglas county; sentence, one year. Had served two-thirds of sentence and his conduct good. Pardon recommended by judge, solicitor-general, trial jury, a number of the grand jury, and the prosecutor.

MoNDAY, OcToBER 28, 1895.

49

ROBERT HARRINGTON.-Convicted of lanceny from the house, September term, 1894, Gwinnett county; sentence, twelve months on chain-gang. Physical condition such that he could not bear hardships of a convict camp. Pardoned at recommendation of judge and solicitor-general.
JoHN H. TAYLOR.-Convicted of larceny after trust, April term, 1894, Irwin county ; sentence, one year. Pardoned after serving three-fourths of his sentence upon a petition numerously signed setting forth the fact that the amount stolen was small and that his conduct since confinement has been exemplary. Application also indorsed by the judge.
RoBERT HEATH.-Convicted of voluntary mAslaughter, fall term, 1893, Schley county; sentence, fifteen years. Pardon recommended by grand jury, petit jury, the father of the man killed, and a large number of good and lawabiding citizens. The evidence leaves considerable doubt as tO the guilt of the prisoner.
JAMES SHEATS.-Convicted of assault witli intent to murder, February term, 1892, Milton county; sentence, ten 'years. Pardoned upon recommendation grand jury, judge, and solicitor, the defendant having always borne an excellent reputation prior to this trouble.
CHAS. THWEATT.-Convicted of simple larceny, adjourned term, August, 1891, Monroe county; sentence, five years. Good character before conviction, good behavior since. Recommendation judge and solicitor-general. Served four of his five years' sentence.
HARDY WHEELis.-Convicted of simple larceny, December term, 1892, Oglethorpe county; sentence, twelve years. Pardoned upon request of judge, solicitor-general, grand jury, traverse jury, and prosecutor. Defendant quite young when crime was committed.
48

50

JOURNAL OF THE SENATE.

LAURA PAYNE.-Convicted of forgery, spring term, 1893, Fulton county; sentence, three years. In a wretched physical condition, suffering from an incurable malady.

CHARLES JoHNSTON.-Plead guilty to burglary, spring term, 1894, Jasper county; sentence, three years. Pardoned upon application of judge, solicitor-general, and a large number of good and law-abiding citizens.

JAME.'l LANDSBERG.-Convicted of assault with intent to rape, March term, 1892, Chatham county ; sentence, twelve years. Petition for pardon signed by' eleven of trial jury (twelfth me.wber being dead), by mayor and aldermen of the town whe~ives the girl upon whom assault was made, numerously signed by citizens of said town, including the ladies and all the ministers of the gospel of Hazelhurst, by all the county officers of the county of Appling, where said girl resides; signed by the father of the girl, by a large number of the best citizens-of Chatham county, where the crime was committed, by a large majority of the members of the legislature, and especially urged by the three members and the senator from Chatham county, and the member from Appling county. Served about three and one-half years.
AARON FAMBRo..:__Convicted of assault and battery, spring term, 1895, Spaldingcounty; sentence, three months in chain-gang. Shown that Fambro is a physical and mental wreck and would hardly survive sentence. Pardon earnestly requested by judge, solicitor-general, and many good citizens of Spalding county.
MANUEL CHOICE.-Convicted of burglary, spring term, 1892, Hancock county; sentence, ten years. Convicted upon a supposed state of facts, since found not to exist, and the prosecutor and prosecuting attorney represent that, in

MoNDAY, OaroBER 28, 1895.

51

their opinion, in the light of new facts, the defendant is not guilty. Prior to his t.rouble bore a good reputation and had conducted himself well in penitentiary.

T. E. HAYNES.-Convicted of bigamy, February term,

1893, Johnson county; sentence, three years. Petition for

pardon signed by judge, solicitor-general, grand jury, petit

;

jury, four-fifths of the citizens of Johnson county.

H. S. MooRE, JR.-Convicted of murder, April t.er~ny 1889, Fulton county; sentence, life. Pardon urged by three prosecuting attorneys, including solicitor-general, the jury who tried him, and five thousand citizens of northwest Georgia, including county officials, representatives and exrepresentatives, a number of relatives of the deceased. Also .shown that Moore is suffering with an incurable scrofulous .disease, and that it calls]for a treatment and surroundings that cannot be accorded him in the penitentiary. The evi-dence, discloses extenuating circumstances. His conduct exemplary during his six years of confinement.

M. J. RoBERTS.-Convicted of burglary, spring term, 1894, Fulton eounty; sentence, three years. At time of commission of crime very much intoxicated, the amount taken small, and up to that time had borne a good reputation. Application indorsed by judge, solicitor-general, and .prosecutor.
BARNEY WHITE.-Coovicted of murder; pardoned because he could live only a short while. Suffering with consumption. Application signed by one thousand citizens, by solicitor-general, and officials of the court.

SusiE MARKS.-Convicted of larceny, superior court of 'Muscogee county ; sentence, eight months on the chaingang. Pardon upon affidavit of county physician that she

JoURNAL OF THE SENATE.
would soon be delivered of a child, and upon recommendation of judge, solicitor-general, and all county officers.
GEORGE REYNOLDS.-Convicted in the criminal court of Atlanta, August 251 1894, larceny; sent.:lnce twelve months in chain-gang. Pardon upon affidavit of county physician that he was suffering from consumption, and was in a very serious condition. Judge signed application.
MARSHAL O'NEAL.-Convicted of burglary, March term,. 1888, Talbot county; sentence, ten years. Pardon upon request of solicitor-general who prosecuted the case, and of the present solicitor-general, and because O'Neal had lost one of his hands while blasting.
LIGE 0sBORNE.-Convicted of pointing a gun at another, county court of Quitman county; sentence, fivemonths in chain-gang. Application recommended by judge and prosecutor.
JOHN PARKER.-Convicted of burglary, October term,. 1892, Lumpkin county; sentence, three years. A very old man and had conducted himself well during his confinement of over two and one half years.
W. P. SMI'l'H.-Convicted of horse stealing. February t.:lrm, 1893, Walker county; sentence, five years. Having served two years for same offense in Tennessee and two years of his sentence in this State, pardoned.
EuGENE HoWARD.-Convicted of larceny from the house, county court ' of Thomas county, March,. 1895; sentence, $25.00 fine, or two months in chain-gang. Pardoned upon recommendation of judge and many citizens, and it appearing that his family was in reduced circumstances.

MoNDAY, OCTOBER 28, 1895.

53

JoHN LUDDITH.-Convicted of misdemeaner. Bartow superior court; sentence, twelve months in the chain-gang, Judge and solicitor-general asked for pardon upon ground that Luddith wao a physical wreck.
WALKER ALLEN.-Convicted of selling whisky in violation of law. DeKalb county ; sentence, twelve months in chain-gang. Recommended by solicitor-general. Since his confinement, his wife has died and one of his children lost a foot by being run over by a train. Several more minor children who need his care and are dependent upon him for a support.
BoB PARSONS.-Convicted of bastardy, criminal court -city of Atlanta, March, 1895; sentence, $250 fine or nine months on cb_ain-gang. Since his conviction married the girl and legitimized the child, and the judge and prosecutor asked for the pardon.
JERRY MooRE.-Convicted of burglary, August term, 1893, Murray county; sentence, penitentiary. Judge who presided says that the verdict ought to have been larceny from the house, and the solicitor-general arid prosecutor recommended executive clemency.
JosEPH HoPKINs.-Convicted of murder, March term, 1888, Rabun county; sentence, life. Pardon recommended by judge and solicitor-general, the judge stating that the verdict might have been .for a lesser offense. The testimony shows that the rock that struck the fatal blow was thrown by the brother of Joseph Hopkins. Conduct during confinement exemplary.
CHAS. T. TRICE.-Convicted of manslaughter in superior court of Pike county; sentence, 18 years. Evidence . shows that killing was done in the beat of passion, that at the time of the killing the deceased was advancing upon defendant with an open knife, and that there was an instant

JOURNAL OF THE SENATE..
evidence of grief by defendant for the killing of his brother. The presiding judge, in a letter to the executive,. stated that the sentence was for a longer time than the law required. His pardon asked for by the members of a Christian church in the neighborhood where defendant and deceased lived, by the minister in charge of the church, by all the jurors who convicted him, by the prosecutor, the wife of the deceased, by the attorney who prosecuted the case, and the solicitor-general protem., by a petition signed by 300 citizens of the county where the conviction wa& had. His conduct exemplary.
WILLIAM WHITLOCK.-Convicted of misdemeanor,. county court of Elbert county, August, 1894; sentence, 12 months in chain-gang. Pardoned in consideration of the fact that the defendant is quite a youth, about 13 year& of age, that he pleaded guilty to the offense, and that he isa simple, weak-minded boy.
GEORGE BoYn.-Plead guilty of bigamy, November term; 1895, Troup county; sentence, two years. It seems that said Boyd is a very ignorant negro and acted upon the advice of his employer, and that he did not realize the enormity of his crime. Pardon urged by judge and solicitor-general and many citizens.
WASHINGTON WILLIE-Convicted of larceny from the house, spring term, 1895, of Fulton superior court; sentence, twelve months. Pardoned upon affidavit of county physician that he had become violently insane.
LoUis RENDER-Convicted of arson, spring term,. 1887, Meriwether county; sentence, twelve years. Pardoned upon affidavit of camp physician that Render was in the last stages of consumption and the request of other camp officers and the solicitor-general.

;MONDAY, OcTOBER 28, 1895.

55

ADAM DAvis.-Convicted of carrying concealed weapons, county court of Chattooga county, April 9, 1895; sentence, six months on chain-gang. Pardoned. upon application of many citizens of Chattooga and affidavit of county physi<'ian that Davis was in bad health.

JIM DAvis.-Convicted of using opprobrious words, county court of Chattooga county, April 9, 1895; sentence, six months in chain-gang. Pardoned upon a numerously signed petition from the citizens and upon affidavit of county physician that Davis is suffering with heart disease and that further confinement would be fatal.
SAM SLEDGE.-Convicted or assault, November term, 1894, Bibb county ; sentence, six months in jail and afterwards twelve months in chain-gang. Been in jail twelve months, suffering terribly with rheumatism, has lost the sight of one eye, and his pardon asked for by judge, solicitor-general, six of the jury and a number of law-abiding citizens.
HARDY BRAGG.-Convicted of arson, May term; 1894, Screven county; sentence, three years. October the time oifense was committed. Bragg was only twelve years of age and he was induced to commit it by an adult relative. Petition indorsed by judge, solicitor-general, and a large number of citizens.
J. R. PHILLIPS.-Convicted of larceny, May term, 1894,
Catoosa county; sentence, two years. After serving over one half of his sentence, pardoned upon request of the judge, solicitor-general, prosecutor, ten of the jury, all of the county officers and numerous citizens. Exemplary conduct since confinement.
C. B. BALTON.--Convicted of larceny from the house and simply larceny, county court of Walton county; three sentences aggregating thirty months on chain-gang. The

JOURNAL OF THE SENATE.
value of the goods stated only seven dollars in all, and he had served about two years of sentence.
WILL SMITH.-Convicted of kidnapping, May term, 1895, Brooks superior court; sentenced to chain-gang. When first arrested after crime, was taken by a mob of negroes and severely beaten, causing permanent injuries. Proofs submitted that he is weak-minded and that the testimony at his trial. was highly colored by prejudice. Pardon asked for by the grand jury, judge, solicitor-general, trial jury, sheriff, ordinary, clerk, county court judge and solicitor, prosecutor and fifty-two citizens of Catoosa county.
WALTER S. HILL.-Convicted of larceny, May term, 1895, city court of Atlanta ; sentence, nine months in chain-gang. After serving three months of sentence, his health became such that a delicate operation should be performed, and upon recommendation of judge and solicitor was pardoned.
WILL PATRICK.-Convicted of burglary, October term, 1M91, Oglethorpe county; sentence, fifteen years. Goods taken of small value. Conduct since confinement exemplary. Pardon asked for by prosecutor, part of grand jury, trial jury, judge and solicitor-general, and county officers.
JAMES HENNF.SSEE.-Convicted of robbery, fall term, 1891, Fulton county; sentence, five years. Judge and solicitor-general request executive clemency on account of Hennessee's heroic effi>rts to save life and property at the burning of the mills of the Enterprise Lumber Company, and also because of his excellent conduct as attested by penitentiary officials. His habits good be[ore his trouble. and the evidence upon which he was convicted largely circumstantial.

MoNDAY, OcToBER 28, 1895.

57

CICERO REESE.-Convicted of larceny, December term, 1894, Cherokee county; sentence, ten months in chaingang. Pardoned because of a serious attack of fever. Good character previous to conviction ; good conduct since con- . finement. Recommended by solicitor-general and many citizens.
HENRY WARD.-Convictl:'d of carrying concealed weapons, January terni, 1895, of Dougherty county court; sentence, 12 months on chain-gang. Suffering from consumption, and, in opinion of county physician, can't live. Recommended by county physician, chairman board of county ,commissioners, sheriff, clerk, county solicitor, and county judge.

LoUis CHARBOUNE.-Convicted of bigamy, spring term, 1893, Fulton county; sentence, three years. He is a foreigner, and was unacquainted with the laws and customs of Georgia. 'J'he solicitor-general recommends his pardon, penitentiary officials urge it because of his most exemplary conduct, and since the father of the girl whorn he married signed the petition. Pardoned.
J. B. MooDY.-Convicted of selling liquor without license, spring term, 1893, Douglas county; sentence on these indictments, 3 years. Petition numerously signed by good and law-agiding citizens. A separate petition, signed by the county officers, the Renator from the 36th district, the representative from Douglas. Physician makes affidavit t~at Moody is suffering from inflammatory rheumatism.

RoBERT STITH.--Convicted of murder, August term, 1892, Dodge county; sentence, lite. Crime claimed to have been committed at Eastman seat. Evidence for prosecution not certain as to Stith's identity, and very strong

58

JOURNAL OF THE SENATE.

to establish alibi. The chief witness for the State admits that he might have been mistaken. Judge and solicitorgeneral and trial jury recommend the pardon.

GLENN TOTJ;IEROW.-Convicted of burglary, spring term, 1893, Gordon cou!lty; sentence, six years. The amount stolen inconsi-derable, and shown that Totherow is of unsound mind. He had servPd two years, and pardon recommended by solicitor-general.

WADE HAMPTON.--Convicted of burglary, October term, 1893, Fulton county; sentence, five years. At time of his conviction was a mere child, and since confinement has lost a leg. Application for pardon indorsed by judge and several of the couuty officers. Pardoned after serving one-half of his sentence.

JoHN KIMBALL.-Convicted of larceny from the house, superior court of Fulton county ; sentence, twelve months in chain-gang. Pardoned October 8, 1895, upon affidavit of superintendent of public works and the county officers that there has developed upon his body tertiary syphilis, and is a nuisance, from the loathsomeness of the disease, to the other convicts. Pardon recommended by judge.

RESPITES.
MoNROE MITCHELL.-Convicted of murder, March term, 1894, of the superior court of Berrien county; sentenced to he executed on Friday, 7th day of December. A numerously signed petition by many good and law-abiding citizens presented, a~king for commutation of sentence to life imprisonment, and this request being also joined in by the senator and representative, respited December 6th until Friday, 4th of January, 1895, in order to give proper consideration to facts in case.

MONDAY, OCTOBER 28, 1895.

59

EDDIE DA.VIS.-Convictl:\d of murder, Chatham superior court; sentenced to be executed ,January 18, 1895. Respited January 18, 1895, thirty days, a request being made to suspend execution of said sentence in order that certain facts might Le placed before the Governor.
JoHN FoRD.-Convicted of murder, superior court De catur county; sentenced to be executed June 21, 1895.
Respite granted for thirty days, June 17, 1895, new evidence discovered bearing on the case. Respited a second time, July 15, 1895, until Friday, 30th day of August, 1895, the Governor's sickness having prevented consideration o( the case during time of first respite.
Er.IZABETH NoBLEs.-Convicted of murder, special term of superior court of Twiggs county, July, 1895; sentenced to be executed August 16, 1895. Court adjourned on the same day that order for execution was issued, and before motion for new trial could be made; and since no motion for new trial can be made before the regular term of the court after that adjournment, which regular term will not convene before October, a date after the execution would have been made, a respite granted August 14, 1895, until October 18, 1895.
Gus F AMBLES.-Convicted of murder, special term superior court of Twigge county, July, 1895; sentenced to be executed August 16, 1895. Petition for commutation of sentence filed, and it being impossible to obtain a copy of the evidence before the day of execution, and that it is necessary to a correct determination of the case, respite granted 14th August, 1895, until October 18, 1895.

DISABILITIES REMOVED.
.WILLIAM MuNDAY.-Convicted of malpractice in the office of notary public and ex-officio justice of the peace,

60

JOUR!'.A.L OF THE SENATE.

July term, 1894, city court of Columbus; sentence removed from office and a fine of $1.00. Disabilities removed November 30, 1894, upon request judge superior court, judge and solicitor of city court, and many citizens.

ToE BRANCH.-Convicted of aiding an escape, November term, 1887, Marion county; sentence, one year. Disabilities removed December 12, 1894, after serving said sentence, upon an application signed by solicitor-general, by representative and senator in General Assembly and by a number of citizens.
GEORGE BLEDSOE.-Convicted of simple larceny, lOth -of March, 1885, Greene county; sentence, twelve months in chain-gang. Sentence was fully discharged, and it appearing that, from the written statements of the county -officials, since his discharge he has conducted himself honestly and uprightly, his disabilities were remove'd and privileges as an elector restored December 24, 1894.

NELSON Mu.LER.-Convicted of simple larceny, county court of Gx:eene county, 1881; sentence imposed was fully discharged, and it appearing from written statements of eounty officials that he has conducted himself as a good and upright citizen, disabilities removed December 26, 1894.

BERRY BuRT.-Convicted of larceny, superior court of Pike county; sentence, twelve months in chain-gang. .After he had fully discharged said sentence, a number of respectable and law-abiding citizens having recommended .it, his: disabilities removed December 31, 1894.

JAMES SMITH.--Convicted of larceny from the house, September term, 1893, Chattahoochee county ; senten~, twelve months on chain-gang. Sentence fully discharged,

MoNDAY, OCToBER 28, 1895.

61

and it appearing that he has conducted himself well since his discharge, disabilities removed January 24, 1895.
LEWIS PRICE.-Convicted of simple larceny, spring term, 1891, Oconee county; sentenced to pay a fine of $86.50, or serve 12 months on chain-gang. Fine paid in full, and Price having borne a good reputation previous to offense, and since offense has been an upright and law- abiding citizen, disabilities removed February 20, 1895.
C. E. HILL.-Convictcd of burglary, spring term, 1894, Cobb county; sentence, one year in penitentiary. Fully discharged his sentence, and it appearing that his character was good previous to crime, and his conduct since has been honest and upright, disabilities removed February 26,. 1895.
F. E. BABBITT.-Convicted of forgery, January ter~, 1893, Chatham superior court; sent~nce, three years. Sentence fully discharged, and upon the urgent request of general manager of camp where Babbitt was confined, and the principal keeper of the penitentiary, diabilities removed September 3, 1895.

J. H. IRVIN.-Convicted of larceny, superior court of Hall county~ Having discharged his sentence, and upon petition of the county officers of Hall county, the judge and solicitor-general, and the representatives, disabilities removed September 12, 1895.

. COMMUTATIONS.
B. F. MALCOLM.-Convicted of selling or otherwise disposing of mortgaged property, November term, 1894, county court of Walton county ; sentenced pay a fine of $183.54, or to work twelve months in the chain-gang. Application made for executive clemency bearing the sig-

62

JOURNAL OF THE SENATE.

nature of the solicitor of said court and a large number of dtizens, and there being some doubt as to defendant's intention to violate the law; the sentence commuted to a fine of $91.77.
JosiE PITTMAN.-Convicted <,f assault and battery, Sept~mber term, 1894, of the criminal court of Atlanta; sentenced pay a fine of $50 and costs, or to work six months in chain-gang. After serving three and a half months, upon application of judge, sentence commuted to fine of $20.
Doc BALDWIN.-Convicted of murder, No.vember term, 1894, superior court of Wayne county; sentenced to bE:' executed January 11, 1895. EvidE:'ncE:' showed that Baldwin had reason to believe that the deceased intended to take his life and acted to a certain extent in self-defense, and the judge and solicitor-general recommending such action, sentence commuted to life imprisop.ment January 8, 1895.
EDDIE DAVIs.-Convicted of murder, Chatham superior eourt; sentenced to be executed .January 18, 1895. Respited until February, 1895. Sentence commuted to life imprisonment February 6, 1895. New evidence found after sentence imposed that was mitigating. Recommended by county and city officials, by solicitor-general, and many eitizens of Chatham county.
CHAS. M. CARLEY.-Convicted of shooting at another, October term, 1893, Rockdale county ; sentenced to pay a fine of $300 and costs. Upon application of many citizens, sentence commuted, February 16, 1895, to the payment of $160, in addition to the amount already paid.
H. G. HARDISON.-Couvicted of violating the liquor laws, fall term, 1894, Crawford county; sentenced to pay a -fine of $1,000, or twelve months in chain-gang. Upon

MoNDAY, OcToBER 28, 1895.

63

application of many citizens, sentence commuted, February 28, 1895, to the payment of $500.
Lis BowERS.--Convicted of assault and battery, March term, 1895, Franklin county; sentence, fine of $20 and proportionate costs, or to serve 12 months in chain-gang. Commuted to the payment of $20 and costs, April 23, 1895.
JosEPH HoPKINs.-Convicted of murder, March term. 1888, Rabun county; sentenced to penitentiary for life. Sentenee commuted, April 27, 1895, to ten years, upon recommendation of judge and solicitor-general, and it appearing that the fatal blow was struck by another, and the conduct of Hopkins since confinement having been exemplary.
WILLIAM WHITLOCK.-Convicted of a misdemeanor, county court of Elbert county, August, 1894; sentence, twelve months in chain-gang. At the time of commission of offense defendant very young, simple, and weak-minded. Sentence commuted to ten months. May 14, 1895.
ED BIRD.-Convicted 9f larceny from the house, spring term, 1894, Fulton county; sentence, twelve months in chain-gang. After conviction he remained in jail through no fault of his for three months and ten days and then served eight months on chain-gang, and judge and solicitorgeneral so recommending, sentence commuted, June 8, 1895, to time already served.
GLENN :'dcCoRD.-Convicted of perjury,fall term, 1889, Fulton county ; sentence, eight years. Sentence two or three years longer than the usual sentence for that offense, .and in consideration of his exemplary conduct since his confinement and his good character previous to his conviction, and the fact that the solicitor-general and the county and city officers, and a great many good and law-abiding

64

JOURNAL OF THE SENATE.

citizens recommend his pardon, sentence commuted to six years and ten months.
R. A. CRooMs.-Convicted of assault and battery, fall term, 1895, Bibb superior court; sentenced to be confined in the common jail for six months, and after the expiration of that time to serve twelve months on the chain-gang. Commuted to the payment of $100 fine and service of four months in the chain-gang.
HERRY BRYANT.-Convicted of assault, city court of Atlanta; sentence, six months in chain-gang. Sentence commuted August 12, 1895, to confinement in the common jail for thirty days because of bad health and the recommendation of the judge:and many court officials.
JAMES E. SHEELEY.-Convicted of forgery, July term, 1895, superior court of Bartow; sentence, two years. Offense committed in the extremities of poverty, the loss to prosecutor small, and he, with the judge and solicitorgeneral, having asked for executive clemency, sentence commuted September 3, 18~5, to twelve months from the time of his incarceration.
HENRY SMITH.-Convicted of forgery, August term,
1892, Spalding county; sentence, five years. Evidence shows that case was not an aggravated one, the amount involved being snail, and he was detected before any injury was done. Executive clemency recommended by judge and solicitor general, and conduct having been excellent since confinement, sentnce commuted September 3, 1895, to three years and six months from the time of his confinement.
WASH. DAVIS.-Convicted of an attempt at arson, March term, 1893, of the Dooly superior court; sentence, four years. Executive clemency requested by many citizens, county officers, and the prosecutor. Sentence commuted September 3, 1895, to three years.
CHARLES DELoNG.-Plead guilty to carrying concealed

MoNDAY, 0crroBER 28, 1895.

65

weapons, county court of Richmond county; 8entence, fine of fifty dollars, or six months on chain-gang. Prosecuti9n appearing to have been a prosecution by boy's stepfather, DeLong only carrying a pistol from the store where he purchased it to his home, and since his mother and other children are dependent upon him for a living, and the judge and solicitor having recommended the exercise of execu.tive clemency, sentence commuted September 6, 1895, to payment of five dollars.
MALINDA WEST.-Convicted of misdemeanor, city court of Atlanta; sentence, twelve months. Sentance commuted to eight months. Numerously signed petition asking for it.

RECAPITULATION. Pardonsgranted _______________________________ 72
Commutation of sentences --------------------- 18 Reprieves and suspension of sentence___ .. ____ ... ____ 5 Disabilities removed ___ .... _--------- _____ ------ 10
Total granted_.- _______ .;. ____ _: ________ .. 105 Applications fo!" clemency refused_ . __ _______ . ___ 20
TotaL __________________ --------- __ .. _ 125

On motion of Mr. Lumpkin, three hundred copies of the foregoing message -of the Governor were ordered to be printed for the use of the Senate.
Mr. Harris, of the Twenty-second district, offered the
. foll~~ng resolution, which was read and agreed to, to wit :
Buol'fled, That the recommendations in the Governor's message be referred as follows :
That portion relating to the Cotton States Exposition to ;_ _the-Committee on Agriculture.
511

66

JOURNAL OF THE SENATE.

That portion relating to finances, taxation, and Northeastern Railroad and Commissioners of Western and Atlantic Railroad, expenses of Experiment Station, and pensions to the Committee on Finance.
The matters referring to the penitentiary, to the Penitentiary Committee.
Recommendations as to work of judiciary, contests before the legislature, the matters concerning the lynching of offenders, electing lieutenant-governor, to the General Judiciary Committee.
The recommendations concerning common schools and educational institutions to the Co~mittee on Education.
Recommendations concerning trustees of Lunatic Asylum to the Committee on the Lunatic Asylum.

Leave of absence for two days was granted Messrs. Starr and McClure.

By resolution of Mr. Sheppard, the Hon. John H. Lohman, of Brunswick, was invited to a seat in the Senate during his stay in this city.

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

SENATE CHAMBER, ATLANTA, GEORGIA.,
Tuesday, October 29, 1895, 10 O'clock A. H.
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 :

TUESDA.Y, OCTOBER 29, 1895.

.67

Those pres'ent were MeBsrs:-

lleeks,
B~n,
Bush, Boi!Sey,
Boyd,. Brand, Brown, CumJ;ning, Craigo, Barris of the 3d, Harris of the 12th, Harris of the 22d, Harrison,
.Johnson, Keen,

LeWis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarrity, McOiure, Norman, Osborne,
Ryals, Roberts,

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wadei Williams, Whitley,
Mr. President.

Mr. Harris, chairman of Committee on Journals, reported the Journal correct. It was then read, and con:fi.rmed by the Senate.

Mr. Long offered the following joint resolution, which was taken up, read, and agreed to, to wit :

Resolved by the &nate, the Ho'U8e. of RepresentatitJeS oon.eurring, That a joint committee of three from the Senate and five from the House be appointed to look into the condition of the Northeastern Railroad, and to further recommend such legislation tending to the disposition of said road, either by sale or lease.
The Senate took up the bill of the Senate to repeal certain portions of an act to carry into effect paragraph 2, sec;.. tion 18, article 6 of the Constitution, etc., which bill, being adversely reported by the General Judiciary Committee, was, on motion of Mr. Long, laid on the table.
. The bill of the Senate to preserve the public morals, aiso reported adversely by the General Judiciary Commit. . tee, and which report was made a special order for this day, .was, on motionof Mr. Whitley, recommitted to the Gen eral Judiciary Committee.
. .. .

68

JouRNAL OF THE SENATE.

The resolution offered by Mr. Harris of the Twenty-second district, which was spread in full upon the Journal or yesterday, was taken up and agreed to.
On motion of Mr. Harris of the Twenty-second district,. one hundred and fifty copies of t.he bill of the Senate to provide for the appointment of an insurance commissioner and a clerk for the State of Georgia were ordered t~ be printed for the use of the Senate.
Mr. Sanford, chairman of the Committee on the Penitentiary, submitted the following report:

Mr. President:
The Committee on Penitentiary have had under consideration the following bill, which they recommend do pass as amended, to wit :
House bill No. 139, by Mr. ~\.rmstrong of Wilkes, t() provide for the inspection of misdemeanor convicts.
Respectfully submitted.
,V. B. SANFORD, Chairman.

. On motion of Mr. Sanford, the bill of the House ACt forth in the foregoing report was read the second time, and passed to a third reading.
The following communication was received from his Excellency, the Governor, through his secretary, Mr. Warren, to wit:

Mr. President :
I am dirEJcted by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive ses- . sion.

TuESDAY, OcToBER 29, 1895.

69

Under the joint resolution of Mr. Long, relating to the .sale or lease of the Northeastern Railroad, the President :appointed as the committee of the Senate, Messrs. Long, Harris of the Twenty-second district, and Lewis.
The Senate went into executive session, and havin~ spent
. .some time therein returned to open session. By resolution of Mr. Roberts, Mr. Snead was added to the Committee on t~e Lunatic Asylum.
By resolution of Mr. Snead, the Hon. J. L. M. Curry was invited to a seat in the Senate during his stay in this
~ity.
The following bills were introduced, read the first time, :and referred as herein respectively indicated, to wit:
.By Mr. Beeks-
A bill to confer on the official stenographic reporters of
the respective judicial circuits, and their successors in office, the powell and duties of commercial notaries public as set forth in sections 1502 and 1505 of the Code of Georgia, .and for other purposes.
Referred to General Judiciary Committee.
.By Mr.. BoydA bill to abolish bar-rooms, to prohibit the manufacture,
ale and keeping for sale intoxicating liquors for beverage purposes, and to provide for its manufacture for other pur..poses, and provide penalties for the violation of this act, .and for other purposes.. ... .. ' Referred to Committee on Temperance.
~ . :.By Mr. Brand' ' . . A bill to regulate the sale of domestic wines in the towns ' ' ,. ~nd cities of this State, to provide for licensing the same, ., .... : .and for other purposes.
Referred to Committee on Temperance.

,..
>
70

JouRNAL oF THE SENATE.

.Also, by Mr. Brand-
A bill to authorize the town of Buford, in Gwinuett county,' to establish and maintain a system of public schools,. and for other purposes.
Referred to Committee on Education.

By Mr. BushA bill to amend an act to amend section 4625(c) of the
Code, and for other purposes. Referred to General J udicilll'Y -Dommittee.

By Mr. CummingA bill to authorize the city council of Augusta to in-
crease its water supply, etc. Referred to Special Judiciary Committee.

By Mr. Monro.A. bill to amend section 3554 of the Code of beorgia o
1882. Referred to.General Judiciary Committee.

By Mr. TatumA bill to amend an act approved October 21, 1891 (re-
lating to the road laws), and fi)r other purposes. Referred to Special Judiciary Committee.

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

WEDNES.DAY, OCTOBER 30, 1895.

71

SENATE CHAMBER, ATJ.ANTA, GEORGIA.
'Vednesday, October 30, 1895, 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 name :

Beeks, Broughton, Bush, Bul!lley, Boyd, Brand, Brown, Cumming, Craigo, lbrris of the 3d, Harris of the 12th, Barris of the 2'-M, Harrison, Johnson, :K;een,

Lewis, Long, Little, Lumpkin, McMill~n,
Merce~,
McGregor, Monro,. Morton, McGarrity, McClure, Norman, Osborne, Ryals, Roberts,

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams, Mr. President.

Mr. Harris, of the Twelfth district, Chairman of the

Committee on Journals, reported the Journal correct. It

I was then read and confirmed by the Senate.

Mr. Beeks, Chairman of the Committee on Education, submitted the followiog report :

Mr. PreJJident :

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

A bill to authorize the town of Buford, in Gwinnett county, Georgia, to establish and maintain a system .of public schools, and for other purpos~.
RespectfulJy submitted. WALTER C. BEEKS, Chairman.

72

JOURNAL OF THE SENATE.

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 the following Senate bills, to wit:

No. 170, a bill to be entitled an act to amend an act approved October 21, 1891, amending the road laws, and for other purposes, and instruct me to report the same back to the Senate, with a recommendation that the same do pass as amended.

Also, No. 136, an act to amend an act of the General Assembly of Georgia, approved October 22, 1887, by striking the word "fishing" from the first line of the title of !!aid act, and to repeal the second section of said act, and for other purposes, and instruct me to report the same back to the Senate, with a recop1mendatiou that the same do pass.

Also, No. 156, a bill, to be entitled an act to abolish the city court of Laurens county, and for other purposes, and instruct me to report the same back to the Senate, with a recommendation that the author be allowed to withdraw the , same.

Also, No. 137, a bill to be entitled an act to repeal an act

approved July 22, 1891, which declares all obligations to

pay attorney fees void, in addition to the interest specified

therein, upon any note or evidence of indebtedness, void
of and of no effect, and to prohibit the collection the same,

and for other purposes, and instruct me to report the same

back to the Senate with a recommendation that the same be

recommitted to the General Judiciary Committee.

Respectfully submitted.

' s. R. HARRIS,

Chairman Special Judiciary.

WEDNES~AY, OcToBER 30, 1895.

73

The bill. of the Senate to amend paragraphs 2 and 3 of sec~ion 3 .of article 6, P.aragraph 1 of section 11 of article 6, and paragraph 1 of section 12 of article 6 of the Con~titution of this State, which was adversely reported by the General Judiciary Committee and made the special order of this day, was taken up, and on motion of Mr. Monro, recommitted to the GenE'ral Judiciary Committee.

Mr. Keen, by permission of the Senate, withdrew the bill to abolish the city court of Laurens county.

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

Mr. President :
The Committee on Corporations have had under consideration the following bills, which they recommend to pass, to wit:

A. bill to be entitled an act to amend an act establishing a new charter for the city of Madison, approved October 6, 1891

.Also, a bill to be entitled an act to amend an act incor-
porating the city of- Cartersville, Bartow county, Georgia, approv~ August 27, 1872, and the variou8 acts amendatory thereof, so as to change the term of office of the mayor and
alderman of said city, etc.

They also report back. to the Senate the following bill, which they recommend be read the second time and recommitted to this committee, to wit :

.A bill to be entitled an act to amend an act establishing a new charter for the city of CarroJltOn, approved September :~ . 9..1891, so as to limit the ad rolorem tax on all real and

JouRNAL oF THE SE~ATE.
personal property within the corporate limits of the city, etc.
The committee have also had under consideration the following House bill, which they recommend do not pass, to wit:
A bill to authorize the town council of Abbeville, Ga., to issue bonds for $20,000, for the purpose of building academies io said town.
C. H. BRAND, Chairman.
The following message was received from the House of Representatives, through M. A. Hardin, the Clerk thereof~
Mr. President:
The House has adopted the following joint resolution in which the concurrence of the Senate is aske~, to wit:
A resolution referring that portion of the Governor's message relative to the Blue Ridge and Atlantic Railroad to a joint committee of five from the House and three from the Senate, with power to send for persons and papers.
The committee on the part of the House were Messrs. Perkins of Habersham, Johnson of Hali, Wynne of Wilkes, Rawlings of Washington, and Pool of Warren.
The joint resolution from the House set forth in the foregoing message was, on motion, taken up and concurred in.
The committee appointed on the part of the Senate consists of Messrs. Long, Harris of the Twenty-second dis"': trict, and Lewis.
The following bills were introduced, read the first time, and referred as respectively indicated, to wit:.

WEDNESDAY, OCTOBER 30, 1895.

75

By Mr. Brand-
.. A bill to repeal an act approved October 15, 1885, being an act to declare when judgments and executions are dormant in this State, and for other purposes.
Referred to the General Judiciary Commit~e.

By Mr. Harris of the Third districtA bill to amend section 1711 of the Code of 1882, etc.~
and for other purposes. Referred :to General Judiciary Committee.

By Mr. Harris of the Twenty-second districtA bill to amend the (lharter of the Macon Sa:vings Bank,.
etc., and f<?r other purposes. Referred to Committee on Banks.

By.Mr. Mercer-.-
. .A: bill to authorize the payment of checks, demands~ dra&, and savings banks orders in case of the death of the
dntwer before payment, and for other purposes.
Referred to Committee on Banks.

By Mr. Monro- .
A bill to make penal the mortgaging or selling of land noi one's own, which he does n~t hold in some lawful .' representative capacity; and for other purposes.
. Referred to General Judiciary Committee.

By Mr. Robe~
A hill to amend section 4423 of the Code of 1882, and , fo~ other purposes.
. &erred to Committee on General Judiciary.

76

JouRNAL oF THE SENATE.

Alao, by Mr. RobertsA bill to amend section 4422 of the Code of 1882, and
for other purposes. Referred to Committee on General Judiciary.

Also, by Mr. Roberts-A bill to amend section 4434 of the Code. Referred to Committee on General Judiciary.

By Mr. Long-
A bill to require all persons carrying about their person any pistol, dirk, etc., to register in any county where the same are carried, and for other purposes.
Referred to Committee on General Judiciary.

By Mr. Sharpe-
A bill to authQrize the mayor and council of the city of Carrollton to hold an election on the question of issuing and selling bonds not exceeding $20,000 for the building of suitable houses and purchasing furniture and ~pparatus for the public schools of said city; and for other purposes.
Referred to the Committee on Corporations.

By Mr. BoydA bill to regulate practice in the superior courts now or
hereafter pepding, and for other p"Qrpqses. Referred to the Committee on General Judiciary.

Mr. Harris, of the Third district, chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Pruident:

!.

The Committee on Special Judiciary has had under.con-

WEDNESDAY, OCTOBER 30, 1895.

77

sideration Senate bill No. 163, which they instruct me to

rep()rt back, with the recommendation that it do pass as

amended. .

S. R. HARRIS,

Chairman Special Judiciary

. Mr. Harris, chairman of the General Judiciary Commit. ;tee, submitted the following report :
Mr. President :
The General Judiciary Committee have had under consideration the following Senate bill, to wit: No. 61, by Mr. Bush of the Eighth district, which is a bill to be entitled an act to make it unlawful for any person or persons to fish with hook and line, net, trap, or seine in any ofthe waters in the State on the Sabbath day, known as the Lord's day, etc~, and have directed me to report the same to the Senate, with the reCommendation that it do pa.ss.
AlsO, bill No. 85, by Mr. Beeks of the Twenty-sixth district, which is a bill to be entitled an act to amend section 21 of an act approved December 18, 1893, which relates to the issuing and granting corporate powers and privileges to insurance companies by the Secretary of State, .etc., and they have direc~d me to report the same to the ~nate, with the recommendation that it do pass.
Also, bill No. 111, by Mr. Boyd of the Thirty-second .. district, which is a bill to amend section 752 of the Code
pf 1882, so as to provide additional privileges to miners
. . f'or carrying oft' crude ores, etc., and they direct me to report the same to the Senate, with the recomJDendation that it do pass.

~: '
.....

78

JOURNAL OF THE SENATE.

.Also, bill No. 143, by Mr. Brand of the Thirty-fourth, which is a bill to be entitled an act to amend section 4721 of the code of Georgia, repealing that part of the same which makes it the duty of the arresting officer to carry the accused to the county in which the offense is alleged to havtl been committed, etc.; and they have directed me to report the same to the Senate, with the recommendation that it do pass.
Also, bill No. 93, by Mr. Sharpe of the Thirty-seventh, which is a bill to prescribe a salary for the tax collector, and also the receiver of tax returns of Carroll county, in lien of commission, etc.; and they have directecl me to report the same, to the Senate, with the recommendation that it do not pass
.Also, bill No. 100, by Mr. Sheppard of the Second, which is a bill to be entitled an act to provide for the recording of chattel mortgages on real estate in separate set of books, etc.; and they have directed me to report the same to the Senate, with recommendation that it do not pass.
Alzro, bill No. 31, by Mr. Monroe of the Twenty-fourth, which is a bill to be entitled an act to amend section 3149(a) <>f the Code of Georgia, as amended by the act of November 12, 1889, etc.; and they have directed me to report the same to the Senate, with the recommen~ation that its introducer be allowed to withdraw same.
Respectfully submitted. N. E. HARRIS, Chairman.

On motion of Mr. Sanford, the bill of the House to provide for the inspection of misdemeanor conyicts was taken up for a third reading.
The Committee on the Penitentiary reported in favor of its passage with an amendment.
.The report was agreed to.

WEDNESDAY, OcToBER 30, 1895.

7!/.

On motion of Mr. Sanford, the bill was recommitted, and was again, on his motion, taken up for a third reading, and the action of the Senate agreeing to the report of the -committee was reconsidered.

Mr. Harris, of the Twenty-second district, offered the following amendment, which was adopted, to wit:
AJDend section 2 by adding, at the ena thereof, the following:
" When such recommendation is made and adopted by the grand jury as herein provided, the same ~;hall be reported to the court, and shall be entered upon the minutes by the clerk thereof."
_ The bill was further amended, on motion of Mr. Me, Gregor, as follows :
Amend section 3 by adding after the words "to which they report," in next to last line, the -words "and prese~oted and approved by the proper authorities."
'The report, as amended, was agreed to.
The. bill was read the third time, and passed as amended, -_ there being 29 ayes and 0 nays. '

_The following bills were taken tip, read the second time,
aQd recommitted, to wit :
-A bill to repeal an act approved July 22, 1871, declaring
-' ll obligations to pay attorney's fees, in addition to the in. te~t cSpOOi6ed therein1 void, in and upon any note or evi-
. , dence of indebtedness to prohibit the collection of the same,. and for other purposes.

_ 'A bill to amend au act establishing a new charter fur
. the-city of carrollton.

80

JOURNAL OF THE SENATE.

The following bills of the Senate were read the second time, and passed to a third reading, to wit:
A bill to amend the charter of the city of Carter8ville, et.c.

A bill to amend an act establishing a new charter for the city of Madison.

A bill to amend an act approved October 22, 1887, by striking the word" fishing" from the first line of the title of said act, and to repeal said act, and for other purposes.

A bill to authorize the city council of Augusta, to increase its water supply, etc.

A bill to authorize the town of Buford, in Gwinnett county, to establish and maintain a system of public s.chools.
Also, a bill to amend an act approved October 21, 1891, relating to the road laws, and for other purposes.
The bill of the Senate to provide for additional State depositories was taken up, under adverse report of the Com- , mittee on Finance, and lost by agreement with said report.

. Mr. Sheppard offered the following joint resolution, which was, on motion, taken up, read, and agreed to, to wit:
WHEREAS, An appropriation has been' set apart by the last session of the General Assembly of Georgia for the establishment of a State normal college ; and
WHEREAS, It is the desire of this Legislature to know the progress said institution bas made, and its needs, if any; therefore ~e it
con- Resolved by the Senate, the House of Representatives
curring, That a committee of five from the Senate and seven from the House be appointed t~ visit said institution at some early date (to be determined b_y said committee) and

'

TauRSDAY, OcToBER 31, 1895.

81

report the condition of said institution to the General As-

sembly, with such recommendations as they may see fit.

-.

The committee appointed by the President, under tbe

foregoing resolution, consists of Messrs. Sheppard, chair-

man, Sanford, Boyd, Snead, and Lewis.

Leave of' absence was granted Mr. McGarrity on account of sickness, and to Mr. Bush for several days on important -business.

By ,resolution of Mr. Bush, Colonel Jno. R. Williams, of ttte county of Miller, was invited to a seat in the Senate during his stay in this city.

The Senate having disposed of all business on the desk

of_ the Secretary, adjourned, on motion, to 10 o'clock, A.. M.

.

to-morrow.

SENATE CllAMBER, ATLAN:TA, GEORGIA.
Thursday, October 31, 1895, 10 O'clock A. M.

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

~

Prayer was offered by the Hon. Mr. Brown, Senator from

~,:' --.. t~e Thirty-ninth district.

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

Lewis, Long, Little, Lumpkin, McMillan, 1leroer,

Roberts, Sheppard, &nford, Snead, Sharpe, Starr,

82

JouRNAL OF THE SENATE.

Cumming, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Monro, Morton, McGarrity, Norman, Osborne, Ryals,

Upchurch, Wilson, Wilcox, WadP., Whitley, Mr. President.

Those absent were Messrs.-

Bush, Craijlo, McGregor,

McClure, Storey,

Tatum, Williams.

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

On motion of Mr. Sanford, the action of the Senate of yesterday, in passing with amendments the bill of the House to provide for the inspection of misdemeanor convicts, was reconsidered.

Mr. HarriR, of the Third district, chairman of the Special Judiciary Committee, submitted the following report:

Mr. President :
The Special Judiciary Committee have had under conflideration the following bill, which they recommend be recommitted to the Committee on Finance, to wit:
A hill to amend the general tax act of 1892, section 2, paragraph 3~ and for other purposes.
They have also had under consideration House bill No. 315, which they recommend do pass, to wit:
A bill to be entitled an act to authorize the county commissioners, or ordinary in counties where there are no county commissioners, to remove obstructions and put in order railroad crossings where railroad companies do not comply with the notice to do so, and to collect the cost and

THURSD~Y, OcToBER 31, 1895.

83

-expenses of such work by issuing executions against such .defaulting .company, and for other purposes.
'J'he committee have also had under consideration the -following bills, which they recommend do not pass, to wit:
A bill to be entitled an act investing Latta M. Autry -with rights of an adult.
Also, a bill to be entitled an act to amend an act entitled :an act to require and provide for the registration of all voters in the counties of Floyd, McDuffie, Burke, Ran.dolph, Elbert, Oglethorpe, Wilkinson, Greene, Washington, Walton, Morgan, Lowndes, Emanuel, and Pulaski, -etc.; approved December 10, 1886, so far as the same relates to duties of the ordinary of the county of Washington.
Respectfully submitted. S. R. HARRIS, Chairman;
The Seoate took up the report of the Special Judiciary .COmmittee on the bill of the Senate to amend an act approved October 22, 1887, by striking the word "fishing" 'from the first line of the title of said act, and to repeal the .second section of said act, and for other purposes.
Proof of legal notice was submitted. The report was .agreed to. The bill was read the third time and passed. .ayes 24, nays 0.
The Senate took up the report of the Committee on .COt:porations .on the' bill of the Senate, to amend an act .establishing a new charter for the city of Madison, approved October 6, 1891.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed.ayes 26, nays 0.
Leave of absence was granted Mr. Harris of the Twelfth district, for a few days, on account of indisposition.

84

JouRNAL OF THE SENATE.

The following communication was received from his Excellency, the Governor, through his secretary, Mr. Warren, to wit:
Mr. Presidem:
I am directed by the Governor to deliver to the ~nate a sealed communication, to which he respectfully invites theconsideration of your honorable body in executive session.
The following message was received from the House or Representatives through Mr. Hardin, Clerk thereof:

Mr. President :
The House has passed the following House bills by therequisite constitutional majority, to wit :
A bill to abolish the county court of Emanuel county.
Also, a bill for the protection of fish in the waters or Fannin county.
Also, a bill to repeal an act approved August 22, 1883, incorporating the town of Morganton in the county o Fannin.
Also, a bill to change the time of holding the quarterlyterms of the city court of Elbert county.
Also, a bill to change the time of holding the fall term or Irwin superior court.
The House has also adopted the fo.llowing joint resolutions, in which the concurrence of the Senate is asked, to. wit:
A resolution appointing a jo.int committee of three from the House and two from the Senate, to take intO considera- tion that portion of the Governor's message relating t() State supervision of misdemeanor convicts, and has appointed as such committee on the part of the House, Messrs. McCurry, Dempsey, and Fullwood.

THUESDAYf OcToBER 31, 1895.

85

.Also, a reSolution congratulating the Governor and the <Jommissioner of .Agriculture and other members of the board, the Exposition Company, and the city of Atlanta upon the success of the Cotton States and International :;Exposition .

.Also, a bill to amend the charter of the city of Rome, so ti to enable said city to issue bonds to pay off its present . . ~onded debt falling due in 1896.

Also, a bill to extend the corporate limits of the city of :Rome .

.Also, a bill to amend the ch.arter bf the city of Ro~e1 so

. ;as to .repeal_ceftai.& seetioa& in SKid charter.



,,.....

Also, a bill to amend the charter of the city of Rome, so

~ to create a water commission for said city.

. ; .A.Jse, a bill to authorize the city of Thomaston to issue hlnds to the extent of $35,000 for certain purposes

. , . ... Also, a bill to provide for the removal of obstructions . ~tber than dams, etc., in the running streams of H!irt
.'. oC9-1lDty . IDbe Hoose has also concurred in the following resolution -of the Senate, to wit :

.. .A. resolution appointing a joint committee of three from

6et&nate and five from the House to examine into the

.. ,~dition, of the Northeastern Railroad and report thereon,

;: :: ~d bas appointed as such committee on the part of the

.::<~ ;(~use,. Me,esrs. Mell, Gray, Worley, Houston, and Murrah.

~~:~~(, ..1;'he Houlle has also agreed to the following joint resolu-

~1~.:.;: :ti()l1, in which the concurrence of the Senate is asked, to wit:

::, ~~:~-,.;~: .'

.. ' .

._

J;~{}~ . ;. A resolution inviting the chancellor of the State Univer-

~Y:.:;.Fsityito <address the. General Assembly upon the condition;

t))~ a*'mets, and .wants ofthe University, on Tuesday, Novem-

~~~~~:~r 5, 1895.



*J~;.;:~: .

~~~~

86

JouRNAL oF THE SENATE.

The Senate took up the report of the Committee on Corporations ou the bill of the Senate "to amend an act incorporating the city of Cartersville, approved August 27,.. 1872, and for other purposes."
Proof of legal notice was submitted to the Seriate, the; report was agreed to, the bill was read the third time and passed-ayes 33, nays 0.

Mr. Long offered the following bill, which was read the-

first time and referred to the General Judiciary Commit-

tee, to wit:.



A bill "to repeal paragraphs 8 and 9 of section 1 of article 5 of the Constitution of Georgia, which refer to thefilling of vacancies and unexpired terms in the office of Governor, and substitute in lieu thereof two paragraphs to be known as paragraphs 8 and 9 of said section, providing for a lieutenant-governor, and prescribing his duties, and. also for the filling of vacancies in the office of Governor in certain contingencies named therein."

On motion of Mr. Beeks, the joint resolution of theHouse inviting Dr.. Boggs, Chancellor of the State University, to address the General Assembly in the hall of Representatives at 11 o'clock A. M., Tuesday, November 5th, wa& taken up, read, and concurred in.

With the consent of the Senate, Mr. Sharpe withdrew 111 bill of the Senate, "to prescribe a salary for the t~x-collec tor and receiver of tax-returns of Carroll county."

Mr. Whitley, by general consent, introduced the following bill, which was read the first time and referred to the- Special Judiciary Committee, to wit :

A bill to provide for the application of all public school funds to the Douglasville college that are distributed too .school children within the corporate limits of said town, and for other purposes.

THURSDAY, OcToBER 31, 1895.

87

Mr. Mercer, by general consent, introduced a joint resolation appointing a committee of three from the House and two from the Senate, to perfect a plan for the future care of persons sentenced for violating the laws of this State.
This resolution was referred, on motion, to the Committee on the Penitentiary after being read the first time.

The Senate took up the report of the Committee on the Special Judiciary, on the bill to &.mend an act approved October 21, 1891, in regard to the road laws, which, being read the third time, waR recommitted, with proposed amendments, to the Committee on Public Roads.

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 Special J ndiciary Committee on the bill of the Senate to authorize the city council of Augusta to increase its water supply, etc., and for ()ther purposes.
The committee reported in favor of its passage with certain amendments, which were adopted, and the report was &greed to.
Proof of legal notice was submitted, the bill was read the third time, and passed as amended-ayes 31, nays 0.
The bill of the Senate to authorize the town of Buford in Gwinnett county, to establish and maintain a system of pubiic schools, which was taken up under favorable report
of the Committee on Education fi,r a third reading, was, on
motion of Mr. Brand, laid on the table for the present.

On motion of Mr. Boyd, (by request) one hundred copies of the bill of the Senate to abolish barrooms, etc., were .ordered to ~ printed for the use of the Senate.

88

JOURNAL OF THE SENATE.

Mr. Starr by general consent introduced a bill to' amend section 2706 of the Code of 1882, which was read the fint time and ~ferred to the General Judicia""ry Committee.
By general consent the following bill was introduced, read the first time, and referred to the General Judiciary Committee, to wit :
A bill to prescribe qualifications for judges of city and county courts hereafter to be appointed by the Governor.

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

A bill to amend section 21 of an act approved December 18, 1893, which relates to the issuing and granting corporate powers, etc., to insurance companies by the Secretary of State, etc., and for other purposes.
A bill to amend section 752 of the Code of 1882, etc.
A bill to amend section 4721 of the Code of 1882, and for other purposes.
And 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 of this State on the Sabbath day.
The Senate adjourned, on motion, until 10 o'clock A. H. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA
Friday, November I, 1895, l(l O'clock A. M.
The Senate met pursuant to adjournment, the President
~residing.
Prayer was offerred by the Chaplain.

FRIDAY, NovEMBER 1, 1895.

89

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

Those present were Messrs~-

:Beeks, Broogbton,
-:Btissey,
.Boyd, Brand, {lomming, .Barris of tbe 3d, .Harris of the 22d, Harrison, J9bnson, Keen,
Lewis,

Long, Little, Lumpkin, McMillan, Mercer Morton, McGarrity, McClure, Norman, Osborne, Ryals,

Thoi!e absent were Messr8.-

-Bnsb,

McGregor,

:Brown,

Monro,

<lraiJzo,

Storey,

~-. .Harps of the 12th,

Roberts, Sheppard, Sanford, Snead, Sharpe, Starr, Wilson, Wilcox, Wade, Whitley, Mr. President.
Tatom, Upchurch, Williams.

~'i: ~= ~~ Mr. Bussey, from the Committee on Journals, reported correct. It was then read and confirmed hy

tii,:~,>'. :.Mr. Sharpe, chairman of the Committee on Enrollment,
~~~~ <,1JUbmitted the following report:
2;>;_ .-.:~:
,..,..;.,:,:
\: .:~/< . Your committee have examined the following applicants '~g{.::fo.t clerkships in the Senate and beg to report that they are ~~~~y ~iOO~petent and qualified for their respective positions :
> i~: L....:. .-'.:
~\-:.~.:; <W. H. Harrison, Julian McCurry, W. Di!R. Barclay,
~J~i~~=lly ~bmit~. EDwiN R. Sam&

. ~t~;<:; The oath of office was administered by the President to
&~t>th& eevmal clerks mentioned in the foregoing report.
1;,:,.

90

JOURNAL OF THE SENATE.

On motion of Mr. Sanford, leave of absence for a few

days was granted Messrs. Monro, Tatum, Ryals, Sheppard,

and Storey.

'

On motion of Mr. Sanford, Mr. McGarrity was added t<> the Committee on the Penitentiary.

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

Mr. President:
The General Judiciary Committee have had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do pass, to wit:
Senate bill"No. 141, by Senator Snead of the Twentyninth, which is a bill .to be entitled an act to make penal the selling or buying of seed cotton in the county of Columbia, etc.
They have also had under eonsideration the following bills, which they direct me to return to the Senate, with the recommendation that they do pass as amended, to wit:
House bill No. 8, by Mr. Rockwell of Chatham, which is a bill to be entitled an act to prescribe penalties for all felonies under the laws of this State, etc.
Also, Senate bill 154, by Senator Starr of the Fortythird, which is a bill to be entitled an act to amend paragraph 1, section 2, article 4 of the Constitution of the State, so as to increase the number of supreme court judges, etc.
Also, Senate bill No. IXl, by Senator Boyd of the Thirty-second, which is a bill to be entitled an act to regulate practice in the supreme court, etc.
They have also bad under consideration the following

FRIDAY, NOVEMBER 1, 1895.

91

bill, which they direct me to report to the Senate, with the recommendation j:.hat the introducer be allowed to with... draw same, to_wit:
Senate bill No. 102, by Senator Cumming of the Eighteenth, which is a bill to be entitled an act to authorize the State Librarian to appoint and remove his assistant.
Respectfully submitted. N. E. HARRIS, Chairman.
The following me~ge was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the following bills of the House
by the requisite constitutional majorities, to wit:
A bill to amend an act approved November 29, 1890, entitled an act to create a new charter for the city of Co. lumbus, and for other purposes.
Also, a bill to amend section 1 of an act entitled an act to provide compensation for election managers and clerks at all general and special elections held in the county of Washington, approved December 14, 1884.
Also, a bill to be entitled an act to fix the payment of .tales jurors, and for other purposes.
Also, a bill to require the road commissioners of Bibb county to work the convict force at such times and places ud in such manner as they may be directed by the county
. board of commissioners upon the p~blic bridges, sewers,
etc., and for other purposes therein contained.
Also, a bill to relieve and reimburse R. L. Swatts of Pike county, for payment of forfeited bond.
Also, a bill to authorize county authorities in this State tO contract with the authorities of the United States for the erection of bridges in certain specified cases, and for other pm,;poses.

92

JoURNAL OF THE SENATE.

By resolution of Mr. Starr, the Hon. R. G. McCurry, of the county of Whitfield, was invited to a seat in the Senate during his stay in this city.

Mr. Whitley otfered a resolution appointing a committee of two from the Senate and three from the House to investigate the convicts of this State, which was read the first time and referred to the Committee on the Penitentiary.

Mr. Lewis, by general consent,__introduced a bill to amend section 943(b) of the Code of 1882, and for other purposes, which was read the first time and referred to the Committee on Banks.
Mr. McGarrity, by consent of the Senate, introduced a bill to amend an act to establish boards of medical examiners for the State of Georgia, which was read the first time and referred to the Committee on General Judiciary.

The following Senate bills were read the second time and passed to a third reading, to wit ;
A bill to regulate practice in the superior court now or hereafter pending, and for other purposes.
A bill to amend section 1, paragraph 11, article 6 of the Con8titution of the State, so as to increase the number of supreme court judges from three to five, so that the said court shall consif!t of a Chief Justice and four Associate
I
Justices.
And a bill to make penal the selling or buying of seed cotton in the county of Columbia between certain dates, and for other purposes.
The following communication was received from his Excellency, the Governor, through his secretary,, .Mr. Warren, to wit:

FRIDAY,. NovEMBER 1, 1895.

93

.

.

Mr. President:

I am directed by the Governor to deliver to the Senate a sealed rommnnication, to which he_ respectfully invites th~ consideration of your honorable body in executive session.

It was ordered, on motion, that when the Senate adjourns this day it will adjourn until 10 o'clock A.M. Monday next.

By resolution of Mr. Long, the Hon. John P. Shannon, Grand Master of this State, was tendered a seat in the senate during his stay in this city.

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

A bill io an~horize county authorities in this State to oontract with authorities of the United States for the erection of bridges in certain specified cases.
Referred to the General Judiciary Committee.
.\ : ; '
A bill to require the road commissioners of Bibb county . t~ work the convict force at such times and places and in such manner as they may be directed by the county board . n. commissioners of Bibb county upon the pubiic bridges, . :sewers, for the benefit of the public roads, etc., etc., and for other purposes.
ReJerred to the Special Judiciary Committee.
"
;c.- . . . A bill to relieve and reimburse R. L. Swatts of Pike ~t;. ~:cunty, etc.
,.,.:.:_ ;.' Referred to Committee on Finance.
}yt _ .'A bill to- fix the payment of tales jurors, and for other
.. I.""~'
rt6:~poses.
;.:: : . Referred .w the Gene-ral Judiciary Committee.
tV.;(> ..
~~kic

94

JouRNAL OF THE SENATE.

A bill to amend an act approved November 29, 1890, to create a new charter for the city of Columbus, and to consolidate and declare the rights and powers of said corporation~ and for other purposes.
Referred to the Special Judiciary Committee.

A bill to change the time of holding the fall term of Irwin superior court, and for other purposes.
Referred to the General Judiciary Committee.
A bill to provide for the removal of obstructions of all kinds, other than dams for operating mills, etc., from the running streams of Hart county, and for other purposes.
Referred to the Special Judiciary Committee.
A bill to authorize the city of Thomasville to issue bonds to the amount of $35,000, after submitting the question to the qualified voters of said city.
Referred .to the Committee on Corporations.
A bill for the protection of fish in the waters of Fannin . <lOUnty.
Referred to the Special Judiciary Committee.

A bill 'to amend the charter of the city of Rome, etc., and for other purposes.
Referred to the Special Judiciary Committee.

A bill to change the corporate limits of the city of Rome, etc., and for other purposes.
Referred to the Special Judiciary Committee.

A bill to amend the charter of the city of Rome, so as to enable said city to issue and exchange, or to issue and sell, bonds to retire its bonded debt which matures in the year 1896.

''

Referred to the Special Judiciary Committee.

FRIDAY, NoNEMBER I, 1895.

95

A bill to change the regular quarterly term of the city oourt of Elbert county, and for other purposes.
Referred to the General Judiciary Committee.
A bill to abolish the county court of Emanuel county. Referred to the Special Judiciary Committee.

A bill to repeal an act approved August 22, 1883, incorporating the town Mor~nton, in Fannin county.
Referred to the Special Judiciary Committee.

A bill to amend the charter of the city of Rome, so as to create a water commission for said city, etc., and for other purposes.
Referred to the Special Judiciary Committee.
A bill to amend section 1 of an act t~ provide comoompensation for election managers and clerks at all general and special elections in Washington county, and for other purposee.
Referred to the Special Judiciary Committee.

The bill of the House to provide penalties for certain
violations of the penal laws, etc., was read the second time
. 'and passed to a third reading.

A resolution from the House, extending congratulations to th~ Governor and the Cotton States and International .Exposition, was read and concurred in.
A resolution of the House, providing a joint committee to consider that portion of the Governor's message recommending State .supervisors of misdemeanor convicts, was .read the first time and referred to the Committee on .: . Penitentiary.
The Senate took up t.be report of the General Judiciary

' ... ~ .

96

JOURNAL OF THE. SENATE.

Committee on the bill of the Senate to amend section 752 of the Code, and for other purposes.
The report was agreed to. The bill was read the third time and passed-yeas 24, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 21 of an act approved December 18, 1893, which relates to the issuing and granting corporate. powers and privileges to insurance companies by the Secretary of State, etc., and for other purposes.

The report was agreed to. The bill was read the third time and passed-yeas 27, nays 0.
The Senat~ took up the report of the General Judiciary Committee on the bill of the Senate to amend section 4721 of the Code,'and for other purposes.
The report was agreed to. The bill was read the third time and passed-yeas 27, nays 0.
Mr. Osborne, by general consent, introduced a bill torequire that all convict-made brooms sold in this State be stamped in such manner as to show that same are made by convict labor, and for other purposes.

This bill was read the first time and referred to the General Judiciary Committ.ee.

Mr. Bussey introduced a resolution instructing the Secretary of the Senate to prepare a calendar of the Senate and House bills on days that bills are to be called up for a third reading, which was read and referred to the Committee on Rules.

The bill of the House to authorize county commission-

ers, etc., to remove obstructions and put in order railroad

crossings where railroad companies do not comply with the

.o;

notice to do so, etc., and for other purposes, was read the

MoNDAY, NovEMBER 4, 1895.

97

third time and, pending action on the question of its passage, was recommitted to the Committee on Railroads.
The bill of the Senate to make it unlawful to fish in any of the waters of this State on the Sabbath day, and to provide a penalty therefor, was taken up for a third reading and laid on the table for the present.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
By resolution of Mr. Brand, the privileges of the floor of the Senate were extended to Lieut. R. D. Fox and Dr. P. S. Clarke, of the city of Darien, during their stay in the city.
Leave of absence was granted Mr. McGregor for a few days on business.
By resolution of Mr. Beeks, the Hon. T. R. Mills, of the
city of Griffin, was invited to a seat in the Senate during
his stay in the city.
The Senate, having disposed of the business on the desk of' the Secretary, adjourned until 10 o'clock A. M. Monday next.

SENATE CHAMBER, ATLANTA, GEORGIA.
Monday, November 4, 1895, 10 O'clock A. M.

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

:.-: Prayer was offered by the Chaplain of the Senate.

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

~~ _.~.ose present we;:!essrs.-

::i ;~'-ugbton, ~- BtUII!Iey, .
7a

Lumpkin, McMillan,

Storey, Sanford, Sharpe,

9.8

JOURNAL OF THE SENATE.

,

Boyd,

Mercer,

Brown,

Monro,

Harris of the 3d,

Morton,

'Harris oi the 22tl, Osborne,

Harrison,

Ryal8,

-Johnson,

Sheppard,

Starr, Tatum, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

'Bush, Brand, 'Cumming, Craigo, Harris of the 12th, Xeen,

Lewi8, Little, McGrejlor, McGarity, McClure, Norman,

Roberts, Snead, Upchurch, Wilson, Wilcox,

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

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

Mr. President:
The House has passed the following bi'ns of the Hoose by the requisite constitutional majorities, to wit:

A bill to make it the duty of the owners of dead domestic animals or fowls, etc., to bury the same without the corporate limit.'! of any city or town, and to prescribe .a penalty for a failure to do so.

Also, a bill to fix the time and manner of electing the mayor and council of the town of Decatur, in the county ~~ DeKalb.

Also, a bill to cede to the United States jurisdiction of this State over certain lands and c~rtain public roads and .approaches to the Chickamauga National Military Park, in the counties of Walker and Catoosa.

MONDAY, NOVEMBER 4, 1895.

99

The House has also passed by a constitution.al majority, as amended, the following bill of the Senate, to wit :

A .bill to prescribe the method of attestation and acknowledgment of deeds to realty and personalty executed without the State, and for other purposes.

The House has also concurred in the following resolution of the SeQate, to wit :
A resolution appointing a joint committee of five from the Senate and seven. from the House to visit the State Normal College and report thereon.

The committee on the part of the House are : Messrs. Jenkins, WeRt, Armstrong, Bird, Hogan, Shropshire, and Hopkins.

Leave of absence was granted Mr. Norman for a few days, and to Mr. Little for to-day and to-morrow.

Mr. Harris, of the Third distri~t, Chairman of the Committee on Special Judiciary, submitted the following report:

M1. Presidefnt :
The Committee on Special Judiciary have had under ~nsideration the following House bill, which they. recommend do pass, the. proofs being correct, to wit:
' A bill to be entitled an act for~the protection of fish in
the watehl of Fannin county, to fix penalties for violation ()f same, and for other purposes,

~:The. following. bills are returned to the Senate with -. the recommendation- that- th~y .be referred to the Committee
on Corporations, to wit :

100

JouRNAL oF THE SENATE.

A bill to be entitled an act to amend an act approved November 29, 1890, entitled an act to create a new charter for the city of Columbus, etc.

Also, a bill to be entitled an act to amend the charter of the city of Rome, so as to enable said city to issue and exchange, or to iss11e and sell, bonds to retire the bonded debt, etc.

Also, a bill to be entitled an act to change the corporate limits of the city of Rome, and for other purposes.

Also, a bill to be entitled an act to amend the charter of the city of Rome so as to repeal section 46 of the act of the General Assembly, approved September 25, 1883, then known as the charter of Rome, and for other purposes.

Also, a bill to be entitled an act to amend the charter of

the city of Rome, so as to create a water commission for

said city, and for other purposes.

Respectfully submitted.

S. R. HARRIS, Chairman.

Mr. Whitley, Chairman of the Committee on Engrossing, submitted the following report :

Mr. President.

The 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 be entitled an act to amend section 21 of an

act, approved December 18, 1893, which relates to the is-

suing and granting corporate powers and privileges to in-

surance companies by the Secretary of State, to define the

powers and liabilities of such companies, to regulate the

same, and for other purposes, by making the same apply to

live-stock compapj:es.

..

'

MONDAY, NOVEMBER 4, 1895.

101

Also, a bill to be entitled an act to amend section 752 of the Code,of 1882, so as to provide additional privileges to miners for carrying off crude ores, and for other purposes.
Also, a bill to be entitled an act to amend section 4721 of the Code of Georgia, repealing that part of the same which makes it the duty of the arresting officer to carry the accused to the county in which the offense is alleged to have been committed, and authorizing him to bold or imprison the accused until an officer from the county in which the offense i~ alleged to have been- committed may go after him, and for other purposes.
Also, t1 bill to be entitled act to amend an act of the General Assembly of Georgia, approved October 22, 1887, by striking the word " fishing " from the first line of the title of said act, and to repeal the second section ofsaid act, and for other purposes.
Also, a bill to be entitled an act to amend an act establishing a new charter for the city of Madison, approved October '6, 1891.
Also, a bill to be entitled an act to authorize the city council of Augusta to increase its water supply by constructing water-works beyond the corporate limits of the city of Augusta, to purchase and hold property for such purposes, to lay water mains and exercise the right of eminent domain beyond the corporate limits of the said city,_ etc., etc.
Also, a bill to be entitled an act to amend an act incorporating the city of Cartersville, Bartow county, Georgia, approved August 27, 1872, and various acts amendatory thereof, etc., etc.
~pectfully submitted. T. R. WHITLEY, Chairman.

102

JOURNAL OF THE SENATE.

On the call of the roll for the introduction of new matter, the following bills were introduced, read for the first time and referred as indicated, to wit:
By Mr. Starr-
A bill to define the right'3 and privileges of foreign guardians and trustees, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Tatum-
A bill to reorganize the Cherokee and Rome circuits by taking from the Cherokee circuit the county: of Dade and adding the same to the Ro?le circuit, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Venable, the President--
A bill to provide for the election of the clerk of the commissioners of roads and revenues of Fulton county by the people.
Referred to the Special Judiciary Committee.

The following bills of the House were read the first time and referred as indicated, to wit :
A bill to make the owners of Mad animals bury them, etc. Referred to the G~neral Judiciary Committee.

A bill to fix the time and manner of electing the mayor and council of the town of Decatur, in DeKalb county, and to fix the terms of office of said officers.
Referred to the Special Judiciary Committee.

And a bill to cede to the United States jurisdiction of this State over certain lands and over certain public roads

MoNDAY, NovEMBER 4, 1895.

103

and approaches to the Chickamauga National Military Park, in the counties of Walker and Catoosa in this State.
Referred to the General Judiciary Committee.

The bill of the House for the protection of fish in the waters of Fannin county, and for other purposes, was read the second time and passed to a third reading.

On motion of Mr. Bussey, the bill of the House for the better collection of tax executions in this State, which, on the lOth day of December, 1894, was laid on the table, was taken from the table and recommitted to the General Judiciary Committee.

Mr. Osborne introduced the following prjvileged resolu, tion which was taktln up, read, and agreed to, to wit:
Resolved, That the Secretary of the Senate be instructed to procure a large size photograph ofthe President of the Senate, and that the same be hung on the wall of the Senate chamber.
The Senate, on motion, took a recess for thirty minutes, and at the expiration of this period was called to order by the President.

Mr. Tatum by general consent introduced a bill to repeal a~ act approved December 26, 18R8, to require any cor.poration or person doing business in this State to redeem in cash any checks, scrip, or other written evidences of indebtedness for the wages of laborers.
This bill was read the first time and referred to the Com.mittee on Corporations.
j ~ .'
, . By general consent, Mr. Mercer introduced the follow. iog bill, which was read the first time and referred to the Finance Committee, to wit:
.,

104

JouRNAL OF THE SENATE.

A bill to amend section 2 of an act to fix the salary of the State Librarian and assistant librarian, approved October 29, 1889.
The following bills of the House, which on Friday last were referred to the Special Judiciary Committee, were, on recommendation of said committee, recommitted to the Committee on Corporations, to wit:

A bill to amend an act, approved November 29, 1890, entitled an act to create a new charter for the city of Columbus.

A bill to amend the charter of the city of Rome, so as to enable said city to issue and exchange, or to issue and sell bonds to retirethe bonded debt of said city for 1896.

A bill to change the corporate limits of the city of Rome, and for other purposes.

A bill to amend the charter of the city of Rome, so as to repeal section 46 of an act approved September 25, 1883, then known as the charter of Rome, and for other purposes.

And a bill to amend the charter of the city of Rome, so as to create a water commission for said city, and for other purposes.

The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, nntil10 o'clock A. M to-morrow.

TUESDAY, NOVEMBER 5, 1895.

105

SENATE CHAMBER, ATLANTA, GEORGIA.
Tuesday, November 5, 1895, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by the (;haplain.

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

-Beeks. Broughton, Bussey, Boyd, Brand, Brown, .Cumming, -<Jraig6, Harris of the 3d, Harris of the 22d, Harrison, ..Johnson,

Keen, Lewis, Long, Lumpkin, Mc!Mil1an, Mercer, Monro, McGarrity, McClure, Norman, Osborne, Ryals,

Roberts, Sheppard, Story, Sanford, Sharpe, Starr, Tatum, Wilson, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Bush, :Harris of the 12th, J..ittle,

McGregor, Morton, Snead,

U pcburcb, Wilcox.

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

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

Mr. President:
The Committee on Public R9"ds have had under con:sideration t.b.e following bill, and instruct me to report the sa~e, with the recommendation that the same do pass as amended, to wit:

106

JOURNAL OF THE SENATE.

A bill to be entitled an act to amend an act approved
October 21, 1891, amending the road laws, and for other-
purposes. . Respectfully submitted. J. E. MERCER, Chairman.

E. B. Lewis, chairman of the Finance Committee, submitted the following report:

Mr. President:
The Finance Committee has had under consideration thefollowing bills, and report that they do not pass, to wit:
A bill to be entitled an act to exempt from taxation notesgiven by vendees.
A bill to be entitled an act to exempt from taxation notesreceived from vendors of real estate and personal property.
Also, a resolution, No. 63, authorizing and directing theComptroller-General to reopen the matter of assessmentsof the Posbtl Telegraph and Cable Company. Your committee recommend that this resolution do pass.
Respectfully submitted. LEWIS, Chairman.

Mr. Harris, chairman of the Special Judiciary Committee, submitted the following report:
Mr. Pre8ident:
The Committee on Special Judiciary have had unqerconsideration the following bills, which they reconfmend. do pass, the proofs having been found correct, to wit:
A bill to be entitled an act to provide for the application of all public school funds to Douglasville College that aredistributed to school children within the corporate limits oi said town, and for other purposes.

TUESDAY, NOVEMBER 5, 1895.

107

.Also, a bill to be entitled an act to require the road commissioners of Bibb county to work the convict force at such times and places and in such manner as they may be directed by the county board of commissioners of Bibb .county upon the public bridges, sewers, public roads, etc.

Also, a bill to be entitled an act to provide for the re-

moval of obstructions of all kinds other than dams used

, for operating inills or machinery of any kind from the

rivers, creeks, and other running streams in Hart county,

Georgia, and for other purposes.

Respectfully submitted.

S. R. HARRIS, Chairman.

Mr. Brand, chairman of the Committee on Corporations, sqbmitted the following report:
Mr. President:
The Committee on CQrporations have had under consideration the following bill, which they recommend do pass, proofs correct, tQ wit:

A bill to authorize the city of Thomasville to issue bonds to the extent of. $35,000 to pay for improvements, after submitting the question of bonds or no bonds to the qualified voters of said city.
Respectfully submitted. C. H. BRAND, Chairman.
Mr. Lumpkin, chairman of the Committee on Public SCh~ols, made the following report:
The Committee on Public Schools have bad under consideration the following Senate bill, which they instruct . me to .report back, with the recommendation that it be read the second time and recommitted, to wit:

108

JouRNAL OF THE SENATE.

A bill, by Senator Sharpe of the Thirty-seventh district, to be entitled an act to amend an act to establish a system of public ~hools for the city of Carrollton, etc.
,V. H. LuMPKIN, Chairman.

Mr. Long, chairman Committee on Banks, submitted the the following report:

Mr. President:
Your committee have had under consideration the following bill by Mr. Lewis of the Thirteenth district, No. 187, which they recommend do pass.

A bill to be entitled an act to amend section 943(b) of the Code of 1882.

Also, House bill No. 2:J, by Mr. Hall of Cowt>ta county,

which they recommend do not pass.

'

A bill to be entitled an act to amend an act incorpora~ ing the Coweta bank, approverl October 24, 1887, and for other purposes.

Also, House bill No. 322, by Mr. West of IA>wndes, which they recommend do not pass.

A bill to be entitled an act to amend an act to carry into . efiect pa.agraph Ul of section 7 of article 3 of the Constitution of 1877, relating to chartering nf banks, and for other purposes.
Respectfully submitted. N. G. LoNG, Chairman.

Tu!DAY, NovEMBER 5, 1895.

109

Mr. Harris, Chairman of the General Judiciary Commit- tet>, submitted the following report:
Mr: Preside11t:
The General Judiciary Committee have had under consideration the following bills, which they have dir4!cted me to report to the Senate, with recommendation that they do pass, to wit:
Senate bill No. 155, by Senator Sheppard of the Second, which is a bill to be entitlep an act to amend section 2571 of the Code of 1882, which provides for year's support of .widow and minor children, etc.

Also, Senate bill No. 176, by Senator Roberts of the Twentieth, which is a bill to be entitled an act to amend section 4422 of the Code of 1882, etc.

Also, Senate bill No. 177, by Senator Roberts of the Twentieth, which is a bill to be entitled an act to amend - section 4423 of the Code of 1882, etc.

Also, Senate bill No. 178, by Senator Roberts of the

.Twentieth, which is a bill to be entitled an act to amend

section 4424 of the Code of 1882, etc.



Al&o,Senate bill No. 188, by Senator Osborne ofthe First, which is a bill to be entitled an act to require that all con;vict-made brooms sold in this State be stamped, etc.

:They have also had under consideration the following bills, which they have directed me to report to the Senate, with recommendation that they do not pass, to wit:

Senate bill No. 112, by Senator Venable of the Thirty. ifth, which is a bill to be entitled an act to repeal section
4--of an act entitled an act to regulate the business of insuraQee in this State, etc.

110

JouRNAL OF THE SENATE.

Also, Senat~ bill No. 113, by Senator Whitley of the Thirty-eighth, which is a bill to be entitled an act to preserve the public morals from injury caused by too great .publicity in the trials in the courts, etc.
They have also had under consideration the following bill, which they have directed me to report to the Senate, with the recommendation that it be read the second time, recommitted, and two hundred copies printed for the use of the Senate, to wit :
Senate bill No. 134, by Senator Roberts of the Twentieth, which is a bill to be entitled an act to provide for a board of ~qualization of real and per30nal property for taxation, etc
Respectfully submitted. W. E. HARRIS, Chairman.
On motion of Mr. Brand, the bill of the Senate to authorize the town of Buford, in Gwinnett county, to establish and maintain a system of public schooLs, was taken from the table and recommitted to the Committee on Education.

By resolution of Mr. Boyd, the Hon. W. H. McAfee, of Lur.npkin county, was invited to a seat in the Senate during his stay in this city.

The following privileged resolution by Mr. Lewis was read and agreed to, to wit :
Resolved, That our honored Georgian, Hon. C. F. Crisp, be entitled to all the privileges of the floor of the Senate during his stay in this city.

The bill of the Senate to amend paragraph 1, section 11, article 6 of the Constitution of this State, so as to increase the number of Supreme Court judges from three to five, so that said court shall consist of a Chief Justice and four Associate Justices, which was taken up- for a third reading,

TuESDAY, NovEMBER 5, 1895.

111

was, on motion of Mr. Starr, made the special order for Thursday next, immediately after the reading of the Journal, and one hundred copies of the bill were ordered to be printed for the use of the Senate.

The following message was received from the House, through Mr. Hardin, the Clerk thereof:
M1. President :
The .House has passed, by the requisite constitutional majorities, the following bills of the House, to wit.:
A bill to amend an act to authorize the town of Hogansville, in the county of Troup, to organize a public school system independent of the public school system of the State, approved December 12, 1893, and for other purposes .th~rein contained.
Also, a bill to require judges of the superior courts of .this State, upon the continuance of any case, to enter upon their dockets opposite such case the date of the continuance thereof, and for other purposes.
Also, a bill to authorize the board of commissioners of l'oads and revenues of the county of Glynn. to issue bonds .. -of said county not to exceed $69,000.00, for the purpose of refunding the present bonded indebtedness of said county, .and for other .purposes.
Also, a bill to amend the charter of the city of Dalton so .. as to authorize the mayor and council of said city to elect a
mayor pro tern.., and for other purposes.
Also, a bill to amend the charter of the city of Dalton, 60 as to make it the duty of the clerk of the council to col. loot all property taxes and license fees due the said city,
and to require said clerk to enter into hood, payable to the mayor and council, in such amount as they may Gx, with

112

JouRNAL oF THE SENATE.

security by them to be approved, conditioned for his faithful discharge of said duties, an~ for other purposes.
The House has also adopted the following joint resolu.tion in which t~e concurrence of the Senate is aske~:
A resolution in regard to the address of Chancellor Boggs of the State University.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to regulate practice in the superior court now or hereafter pending, and for other purposes.
The committee reported in favor of the passage of the bill, with the following amendment to the caption, to wit :
Amend caption by adding after the word " court," in the second line, the words " in cases."
Mr. Cumming offered the following amendment to the report of the committee, which was adopted, to wit:
Amend section 1 by adding thereto the following : " and in cases where a corporation is defendant, the affidavit may be made by the .president, vice-president, superintendent, or any officer or agent wno knows, or whose official duty it is to know, about the facts and matters set out in the answers."
Mr. Harris, of the Twenty-second district, offered the following amendment to the report of the committee, which was adopted, to wit :
'Amend section 7 by adding after the words " the defendant," in the first line, the words "after the time allowed for answers has expired."
The report of the committee as amended was agreed to.
The bill was read the third time, and pa!!Sed as amended -ayes 29, nays 0.

TuESDAv, NovEMBER 5, 1895.

113

By resolution of Mr. Keen,. Judge Ira S. Chappell was tendered a seat in the Senate during his stay in the city.
On motion of Mr. Broughton, the joint resolution of the Honse changing the day for the address of the Chancellor ofthe State University to Friday, November 11th, was taken up and concurred in.
The Senate took up the report of the qommittee on ~ads on the bill of the Senate to amend an act approved October 21, 18~1, amending the road laws.
The committee reported in favor of the passage of the bill, with the following amendments, to wit:
Amend the caption by striking the words "amending ' the road laws."
Amend section 11 by striking the word " that," in the third line, where it occurs after the word " the" and before the word " than."
The committee also reported the following amendment, to wit:
, Also, by adding at the end of said section the iollowing words: "provided fu:rtlle:r, that no person shall be required to work in any county or district to which he may have 'removed after having worked in the county or district from which he removed." The amendments reported by the committee were
, : :adopted
. M:r. Cumming offered to amend the caption of the bill as follows, to wit :
.Amend caption by inserting after the words "1891,'' .~~. ; .the words "in reference to the method of working public
roads in the State." This amendment was adopted.
liB

114

JOURNAL OF THE SENATE.

Mr. Starr offered the following amendment, which was adopted, to wit :
Amend by inserting after the words " sixteen and fifty years," in the second line, the words "who has resided in any road district ten days."
The report, as amended, was agreed to.
The bill was read the third time, and passed as amended -:-ayes 32, nays 0.

Mr. Sanford, chairman of the Committee on Penitentiary, submitted the following report:

Mr. President :
The Committee on Penitentiary have had under consideration the following Senate resolution, which they recommend be agreed to as amended, to wit:
A resolution appointing a committee to perfect a plan for the future care of persons sentenced for violating the laws of this State.
They have also had under consideration the following Senate bill, which they recommend that the introducer be allowed to withdraw, to wit:
A bill to amend section 4766 of the Code, providing that the duties of the principal keeper of the penitentiary shall be performed by the physician of the penitentiary.
Respectfully submitted. B. W. SANFORD, Chairman.

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

TuESDAY, NovEMBER 5, 1895.

p5

a sealed communication, to which he respectfully invites the consideration of your honorable body in executive seBSion~
The following bills of the Senate, which were .taken upunder adverse report of the Finance Committee, were, on motion of Mr. Harris of the Third district, laid on the table, to wit :
A bill to exempt from taxation notes received by ven~ dora of real and personal property wherein the title has passed to purchaser.
Also, a bill to exempt from taxation notes given by vendees in certain cases.
The following bills were withdrawn, viz.:
A bill to amend section 3149(a) of the Code. Also, a bill to preserve the public morale, etc.
The bill of the Senate to make penal the selling or buy~ ing of seed cotton in the county of Columbia, and for other purposes, which was taken up for a third reading, was, on motion of Mr. McGarrity, made the special order for Thurs~ d~y next, after .other special order is disposed of.
By general consent, Mr. Brand offered the following bills, which were read the fi~t time and referred as indi~ ~~ed, to wit :
A bill to amend an act approved December 6, 1880, making it the duty of the clerk of the county court to seleet 4 judge should the parties litigant fail or refuse to agree upon the same, etc.
Referred to the General Judiciary Committee.
A bill to authorize the town of Buford, Gwinnett county, to establish and maintain a system of public schools.
Refe~red to the Committee on Educat!on. The bill of the Senate to provide for a board of equali~

116

JOURNAL OF. THE SENATE.

zation of real and personal property, subject to taxation, etc., was read the second time, and two hundred copies thereof were ordered to be printed for the use of the Senate.
The Senate, on motion, went into executive session and returned to open session.
The following bills of the Senate were read the second time and passed to a third reading, to wit :
A bill to amend section 4422 of the Code of 1882, and for other purposes;
A bill to amend section 4423 of the Code, and for other purposes.
A bill to ame&d section 4424 of the Code, and for other purposes.
A bill to provide for the application of all public school funds to the Douglasville College that are distributed to school children within the corporate limits of said town, and for other purposes.
A bill to amend section 943(b) of the Code of 1882.
A bill to amend section 2571 of the Code of 1882, and for other purposes.
Also, a bill to amend an act to establish a system of public schools for the city of Carroilton, and for other purposes.
The Senate, having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A .M. to-morrow.

. WEDNESDAY, NOVEMBER 6, 1895.

-117

. SENATE CHAHBER, ATLANTA, GEORGIA.
Wednesday, Novediber 6, 1895, 10 O'clock A. M.

The Senate met pursuant to adjournment, the President in the chair.
Prayer was ~ffered by _the Chaplain.

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

Beeks,
Broughton, Bll88ey, Boyd, Brand, Brown, -<JilDlming, (lraigo, Harris of the 3d,
~ofthe22d,
Harrison, .Johnson,

Keen, Lewis, Long, J.umpkin, McMillan, 1\-Iercer, Monro, McGarrity, McClure,
Osborn~,
Ryals,

Roberts, Sheppard, Storey, Sanford, Sharpe, Starr, Tatum, Wade, Whitley, Williams, llr. President.

Those absent were Messrs.-

Bush, Harris of the 12th, Littie, llcGregor,

Morton, Norman, Snead,

Upchurch,.
Wilson, Wilcox.

Mr. Bussey, from 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,

.bmftted the following report :



. -'. .

Mlf~ President:

The ColDJl.lit~e on Corporatio1,1s have had ~nder cQnsid-

. -eration the follo-w,ipg House bill, which they recommend do pass, the pro~fs'-being correct, to wit:

A bill to amend an act approved November29; 1890, entitled an. act to create a new charter for the city of Colum-

118

JOURNAL OF THE SENATE.

bus, and to consolidate and declare the rights and powers of said corporation.

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. Brand introduced the following bills, which were read and referr~d as indicated, to wit :

A bill to establish the city court of Gwinnett county, etc., and for oth,er purposes.
Referred to Special Judiciary Committee.

Also, a bill to repeal an act to create a county court in each county of the State of Georgia except certain counties therein mentioned, approved January 19, 1872, and all acts amendatory thereof, so far ~ the same apply to the county of Gwinnett.
Referred to Special Judiciary Committee.

Mr. Harris, in behalf of the chairman of Committee on Rules, submitted the following report :

Mr. President:
The Committee on Rules have had under consideration a resolution by Senator Bussey of the Eleventh district, which is a resolution instructing the Senate to prepare a calendar of the Senate and House bills on the days that bills are to be called for th~rd readi~g, and I am instructed to return the same to the Senate, with the recommendation that the resolution be adopted.
N. E. HARRIS, For Committee on Rules.

The resolution mentioned in the foregoing report was, on motion, taken up, read, and agreed to.

WEDNESDAY,. NOVEMBER 6; 1895..

119

Mr. Brand offered a privileged resolution authorizing the doorkeeper of the Senate to appoint one additional assist..,. ~t doorkeeper during the present session of the, Senate, which was' read and referred to the Committee on Finance.
The following bills of the House were read the first time, aad referred: as herein indicated, to wit :

A bill to amend an act to authorize the town of Hogansville, in Troup county, to organize a public school system, etc., approved December 12, 1893> and for other purposes.
Referred to Committee on Education.

A bill to authorize the board of commissioners of Glynn oounty to issue coupon bonds of: said county in a sum not exceeding $69,000, bearing interest at a rate not exceeding ftve per cent. per annum, for the purpose of refunding the ,present bonded indebtedness of said county, incurred prior to ihe Constitution of 1877, to provide for the levy and collection of a tax for the payment of said bonds, and for other purposes.
Referred to Special Judiciary Committee.

A bill to amend the charter of the city of Dalton, etc., and for other purposes.
Refer~ed to Special Judiciary Committee.

A bill to amend the charter ofthe city of Dalton, making it the duty of the clerk of council to collect all property taxes and license fees, etc., and for other purposes.
Referred io Special Judiciary Committee.

. Also, a bill to require judges of the superior courts of
ibis State, upon the continuance of any case, to enter upon
. .t~eir do~kets opposite such CllE!e the date of said ooniinu-

,. ~ ,.

10

JouRNAL oF THE SENATE.

ance-, to make public announcement thereof at the time of such cOntinuance, and for other purposes.
Leave of absence was granted Mr. Norman for a few days.

The follo~ng message was. received. from the House throQgh M. A. Hardin, the Clerk thereof:

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

A bill to amend section 534 of the Code of 1882, as amended by act approve~ October 19, 1891, and for other p.UrJ19seS.

Also, a bill to gran.t to the mayor and aldermen ofSavannah a strip of land in Crawford ward for the purpose of straightening a street.

The House has also adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit:
A resolution inviting the Hon. G. R. Glenn, State School Commissioner, to address the General Assembly on the educational interests of the State, at 11 o'clock A. H., Thursd~y, November 7, 1895,

Mr. Whitley, chairman of Committee on Engrossing, submitted th~ following report:

Mr. Presidem : The. Committee on Eng~ossing have examined the fol-
lowing bills, and find them properly engrossed and rea4y to 'be transmitted to the House of Representatives, to wii:

WEDNESDAY, NOVEMBER .6, 1895.

121

A bill to be entitled an act to regulate practice in the :Superior court in cases now or hereafter pending, and for -other purposes.
Also, a bill to be entitled an act to amend an act, ap-
proved October 21, 1891, in reference fo' method of working puhlic roads, and for other purposes.
Respectfully submitted. T. R. WHITLEY, Chairman.

The following bills of the H9use were r~d the second time, and passed to a third reading, to wit:

. A bill to provide for Iemoval of obstructions ofall kindS, .-other than dams used for operating mills o.r machinery, from the rivers, cre~ks, af\d other running.stre8.Jlls in Hart -county, and for other purposes.

A bill to amend an act 'approv~ 'November 29, 1890,

.entitled an act to create a new charter for the city of Columbus, and for other purposes.

-.

'

.

..

.

~ bill to requil1! the. r()a4 commissioners of Bi~b <'.Ounty

to work the convict force at such times and places, and in

:Such manner as they may be directed by the county board

{)f commissioners of Bibb county, upon the public bridges,

.sewers for the benefit of public roods, etc., and for other

purposes.

Also, a bill to authorize the city of Thomasville to issue .bonds to the extent of $35,000, and for other purposes."

The ~ill of the &nate to require that all convict-made
ibrooms sold in this State be stamped in such manner as to
.shOw that the Sa.me are made by convict labor, and for other
purposes, was read the second time, and passed to a third .reading.

122

JOURNAL OF THE SENATE.

On motion of Mr. Monro, the bill of the Senate making-

it unlawful for municipal corporations to levy a tax or

license upon the non-resident manufacturer, merchant,.

trader, or traveling salesman for selling goods, wares, mer-

chandise by sample within their corporate limits, and for

other purpoees, was taken from the table and recommitted

to the General Judiciary Committee.



By general consent Mr. Long introduced the following- bill, which was read the first time and referred to theGeneral Judiciary Committee.

A bill to amend an act entitled an act to amend an act.
.tO regulate the business of insurance 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 amend sectioDt 2571 of the Code, and for other purposes.

The report, which was favorable to the passage of the bill, was agreed to.

The bill was read the third time, and on the question. oi

its passage the ayes and nays were demanded and recorded

as follows :



Those voting in the affirmative were Messrs.-

;Broughton, Bussey, Boyd, Brand, Cumming, Harris of the 3d, Hariis of the 22d,

Long, McMillan, Mercer, Monro, Mort.on, McClure,

Roberts, Sheppard, Sanford, Sharpe, W:hitley, Williams.

Those voting in the negative were Messrs.-

Beeks, Brown,
Crai~t<>,
Harrison, Johnson,

Keen,. Lumpkin, McGarrity, Ryals,.

Storey,
Snead,
starr,
Tatum.

WEDNESDAY, NOVEMBER 6, 1895.

12;3

Those not voting were Messrs.-

Bush, Harris of the 12th, Lewis, Little,

McGregor, Norman, Osborne, Upchureh,

Wilson, Wilcox, Wade, Mr. President.

Ayes 19. Nays 13. Not voting 12.

The bill, not having received a constitutional majority, was lost.

On motion of Mr. Starr, the Senate took up and con-
curred in the resolution of the House, inviting Ron. G. R.
Glenn, State School Commissioner, to' address the General
Assembly on the educational interests of the State, at 11 o'clock A. M., Thursday, Nove:Qlber 7, 1S95.

'. Mr. Osborne introduced a resolution reopening assessment in relation to the Savannah street railroad, which was read the first time and tabled.

Mr. Sanford offered a joint resolution providing a committee of two from the Senate and three from the House, to inquire as to the companies of lessees of convicts that. ai'e in arrears to the State.
The resolution was, on moti~n, taken up and agreed to.
Th.e Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 4422 of the Code of 1882, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes 23,
nays 9.
The Senate took up the rep(>rt of the Judiciary ComUtittee on the bill of the Senate to amend section 4423 of the Code of 1882, and for other purposes.

124

JOURNAL OF THE SENATE.

The report was amended, on motion of Mr. Roberts, by adding the words " bills of exchange, bank notes, " after the word " notes " and before the word " checks, " in the sixteenth line of section 1.

The report, as amended, was agreed to.

The bill was read the third time and passed as amendedayes 26, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 4422 of the Code of 1882, 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 Senate to provide for the application of all public school funds to the Douglasville College that are distributed to school children within the corporate limits of said town, and for other purposes.

The report was agreed to.

The bill was read the third time and passed---:ayes 24, nayes 0.

The Senate took up the report of the. Finance Committee on the bill of the Senate to amend section 943(b) of the Code of 1882, and for other purposes.
.The ~port was agreed to.
The bill was read the third time and passed-ayes 24, nays 0.

WEDNESDAY, NOVEMBER 6, 1895.

125

On motion of Mr. Roberts, Mr. Keen was added to the Committee on the Lunatic Asylum.

On motion of Mr. Mercer, the report of the Committee . on the Penitentiary was taken up on the resolution of the Senate, appointing a joint committee of two from the Senate and five from the House, to perfect a plan for the future care of persons sentenced for violating the laws of this State.

, Tlie committee reported in favor of the adoption of the resolution, with an amendment, making the committee on the part of'the Senate three and on the part of the House .five.

This amendment was adopted.

Mr. Monro proposed to amend the report as follows : '' It is further provided that the committee be empowered and authorized to obtain information and make investigation as to what sum per annum each convict could be leased for, provided the Legislature at its next session . should see fit to lease out the convicts again, keeping in view the distribution of the convicts over the different portions of the State, so that not over 150 convicts be worked in one county."
On motion of Mr. Starr, the amendment offered by Mr. Monro was amended by striking out the words "so that not over 150 convicts be worked in one county."

The amendment by Mr. Monro, as amended, was adopted
The report, as amended, was agreed to.
The resolution, as amended, was agreed to, and on motion of Mr. Mercer, ordered immediately transmitted to the House.

126

JOURNAL OF THE SENATE.

By resolution of Mr. Brand, ex-State Senator Judge' Sam J. Wino, of Lawrenceville, was invited to a seat in the Senate during his stay in this city.

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

SENATE CHAMBER, ATLANTA, GEORGIA.
Thursday, November 7, 1895, 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:

Those present were Messrs :

Beeks, Broughton, Bush, Bussey, Brand, Brown, Cumming, Craigo, Harris of the 3d, Harris of the 22d, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, Monro, McGarrity, Norman, Osborne, Ryals, Roberts,

Those absent were Messrs.-

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Upchurch, Wilcox, Wade, Whitley, Williams, Mr. President.

Boyd, Harris of the 12th, Harrison,

McGregor, Morton, McClure,

Tatum, Wilson.

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

THURSDAY, NOVEMBER 7, 1895.

127

On motion of Mr. Sheppard, the action of the Senate in -refusing to pass the bill of .the Senate to amend section 2571 -of the Code of 1882 was reconsidered, and on his motion the reconsidered bill was recommitted to the General Judi~ .ciary ComJQittee.

Leave of absence was granted Mr. McGregor on account

-of sickness.



By resolution of Mr. Sheppard, ex~Senator W. A. Wil-cox and Mr. C. L. Livingston of Darien, Georgia, were invited to seats in the Senate dnring their stay in this city:

Under the resolution of the Senate to provide a joint .COmmittee to consider the question of providing for the
.care of persons violating the laws of this Stat(', the Presi~
-dent appointed as the committee on the part of the Senate, .Messrs. Mercer, Boyd, and Sheppard.
Th~ following communication was received from his Ex~ -cellency, the Governor, through Mr. Warren, his Secretary, 1-0 wit:

.Mt. President:
I am directed by the Governor to deliver to the Senate a ;Se~led communication, to which he respectfully invites the -consideration of your honorable body in executive session.

-. Mr. Whitley, chairman of the Committee on Engrossing, .submitted the following report:

Jlr. President:
The Committee on Engrossing have examined the following engrossed bills, and find them properly engrossed :and ready to be transmitted to _the House of Representatiives; to wit:
'!.. -.

128

JOURNAJ, OF THE SENATE.

A bill to amend section 4423 of the Code of 1882, relating to th(' fraudulent taking 'and carrying away, or converting to his own use, by any person employed as a clerk, agent~ etc;, in any store, warehouse, counting-room, etc., property entrusted to him, and prescribing a penalty therefor.
Also, a bill to amend section 4424 of the Code .of 1882.
Also, a bill to amend section 4422 of the Code of 1882.
Also, a bill to provide for the application of all public school funds to the Douglasville College that is distributed to school children within the corporate limits of said town~ and for other purposes.
Also, a bill to amend section 943(b) of the Code of 1882.
Also, a resolution appointing a committee 'of three from the Senate and five from the House to perfect a plan for the future care of persons sentenced for violating the laws of this State.
Respectfully submitted. T. R. WHITLEY, Chairman.
The following communication was received from his Excellency, the Governor, through Mr. Callaway, his private Secretary, to wit :
Mr. P1esident: I am directed by the Governor to deliver to the Senate
a communication in writing.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend paragraph 1~
seP.tion 11, article 41 of the Constitution of the State, sc;.
as to increase the number of Supreme Court judges from. three to five, so that said court shall consist of a chief justice and four associate justices.
This bill was made the special order for this day.

.......

THURSDAY, NOVEMBER 7, 1895.

129

The committee reported in favor of its passage, with an .amendment to its title of the following words: And for other _p.urposes.

The ~port was agreed to.

The bill was read the third time, and on the question of its passage, as amended, the yeas and nays were-required to be recorded, it being a bill to amend the Constitution.

Those voting in the affirmative were Messrs.-

:Beeks,

Long,

Bus}l,

Little,

Bui!Sey,

Lumpkin,

B~d,

McMillan,

-cumming,

Mer,er,

{J~igo,

Monro,

l{arris of the 3d,

Morton,

Harris of the 22d, Ryals,

;> .Johnson, l{een,

Roberts, Sheppard,

.I.ewis,

Storey, Sanford, Sbarpe, Starr, Tatum, Upchurch, Wilcox, Wade, Whitley, Williams.

Those voting in the negative were Messrs.-

.Brown,

McGarrity,

:-nead.

Those not voting were Messrs.-

Broughton, ..Boyd, Harris of the 12th, :}Jarrison;

McGregor, McClure, Norman,

O&borne, Wilson, Mr. President.

Yeas 31. Nays 3. Not voting 10.

The bill, having reeeived a constitutional majority, was _passed as amended.

Mr. Harris, of the Third district, chairman of the Special Judiciary Committee, submitted the following re.port, to wit :

-.Mr. President:
The Committee on Special Judiciary have. had unde'r \
911

.r.

eonsideration the following bills, which they reoomtnend'd() '

pa.Ss,; the proofs being correct, to wit :

A bill to be entitle_d an act to repeal an act to creat~ ~
county court in each county of the State of Georgia; ex~pt

certain co~nties therein mentioned, approved Jatitiary-:19,.

1872, )lnd .all acts amendatory thereof, so far as the same

applY. _to- _tht! county of Gwinnett.

I ''
. ~;

.A bill to .be entitled an act to establish the city ,court o( \

Gwinnett in ~nd for the county of Gwinnett; to defipe its

jurisdiction and power; to provide for the appointment of
powers a judge and other officers thereof; to define their

and duties, and for other purpo~s.



A bill to be entitled an act to amend the charter of .the

city of Dalton, so as to authorize the mayor: and coun9il of

said city to elect a mayor pro tem. to perform all the duties

and exercise all powers and functions of the mayor of said

city during the absence of the mayor ftom the city or.dur:.

ing his sickness, or when otherwise disqualified. ,., '

Respectfully submitted.

S. R. HARius, Chairman.

The bill of the Senate to make penal the ~lling or buying:Of seed cotton in the county of Columbia, and for other purposes, which was made a special order 'for 'this
day, was taken up as such, and, on motion of Mr. S~d,
.was laid on the table. c. . J
The Senate took up the report of the Special Judiciatj~mr:njtt~~- ou the bill of the House for the protectj.~n of Jts~ jn ;:f.~~nin. county, and_ for other purposes.

The report was agreed to.

Proof of legal notice was submitted.

1 .. 'f.~e :b~V.was read the ~bird time and passed4ayes;2~,

M~~

~



THURSDAY, NOVEMBER 7, 1895.

131

. EXECUTIVE OFFICE.
Atlanta, November 7, 1895.

"1o ike General'.Asse:mbly of Georgia::

. .. .

'

-. ;I:tJ;SnSpiit herewith a copy of a letter received by me

from a committee from the Atlant~. bar, tenderi.ng to the

~~~ the, portrait of Hon: N._ J. Hammond,. now iti ..the

ea.te Ji~~ry~

. -.

l informed the. committee that their com.in).mication.

would be tra~smitted 19 the GeJ)e~l Assembly; that suitabl~

~ti~n might be taken. upon th~ir teod~r of t~e portrait of _'

this distinguished Georgian.
t w._Y. ATKINSON, Governor;- i

;

'\

ATLANTA, GA., August 15, 1895.

.To His' F.xoelleney, W. Y. .Atlcinson, Governor:

,

. ~ On behalf of the bar of Atlanta the undersigned com-
:1'" mittee beg to present to you, as representing the State t~f

;:..,:;... Grgia, an excellent portrait of Hon. N. J. Hammond,

. lately executed at the instance of the members of the bar :: > be~, nod to ask that it may be displayed at the capitol in

such position as you may: designate, with that. of other
- ~~1inent Georgians already on the walls of the edifice. ,
:;i; ~- J;tis believed that no Georgian ofh-is generation is more.
!k/: "'or~hy of this honor than .the distinguished citizen whose 2;.-,_- .port~it is tl;ms offered the State. As attorney-ge~erai of
;~:: the oommonwealth during' the administration of Governor b~<. <J; M. Smith, as ~ conspicuous inemb.er of the conve~tion.
f;\-; ::Whi~ti :frii~ed th~ 'CoJJstitution of l877; as representative
~{- {#&,~gi:-esa'frorinhe xtlantil district, a~ a iawyer"in active ~;:_: :p~ctice. for a great many years, all of which time he oc:..'
!Jf: _:~: ~an. ~nviable standing, and in .which relation his use-

:;;.., ... :ft1Joeas;is;still unimpaired; as a friend. ofpopularedueation,)
;~::: . .S eidence !Jf bi~long and faithftiLserwice on. the board--er.

:..'- '.-

.!



~!~1i'c



132

JOURNAL OF THE SENATE.

education of the city of Atlanta, and as a member and

chairman of the board of trustees of t.he State University,

his very valuable services to the people of Georgia are gen-

erally known and widely appreciated; and it is not out of

place to add that his private life has also been an exem-

plary one.

We feel sure that not only his fellow-citizens of Atlanta,

but also those of the whole State will be gratified at the

opportunity of keeping in this durable form the excellent

likeness of this prominent Georgian.

Thanking your Excellency in advance for the granting

of this request, we have the honor to be,

Your obedient servants,

(Signed)

J. A. ANDERSON,
THOMAS w. LATHAM, CHAS. w. SMITH.

The foregoing message and accompanying document were taken up aud read.
The bill of the House to provide penalties for certain violations of the penal laws of this State, etc., which was taken up on its third reading, was, on motion of Mr. Boyd, laid on the table for the present.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved November 27, 1890, entitled an act to create a new charter for the city of Columbus, etc., and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passedayes 30, nays 0.
The Senate took up the report of the General., Judiciary Committee on the bill of the Senate to require that all convict-made brooms sold in this State be stamped in such

THuRSDAY, NovEMBER 7, 1895.

133

manner as to show that the same are made by convict labor.

The report was agreed to. The bill was read the third

time and passed-ayes 24, nays 0.

On motion of Mr. Osborne, the resolution of the Senate

to reopen assesSment against the Savannah Street Railroad

was taken from the table, and was agreed to by the Senate.

Mr. Beeks offered a 'joint resolution tendering thanks to .

the Atlanta bar for the portrait of the distinguished states.;.

man: N. J. Hammond, and appointing a committee to re-

ceive the same and have it placed in position in the State

capitol.



This resolution was unanimously agreed to.

At the hour of 11 o'clock A. M. the Presiclent announced

that the time had arrived tor the General Assembly to meet

in joint session, whereupon the Senate, in a body, preceded

by the President pro tern. and the Secretary, repaired to the

Hall of Representatives, and were received by the House

of Representatives, standing.

The President pro tern. took the chair, and called the

General Assembly to order.

. He then instructed the &lcretary to read the resolution

under which the joint session was convened, which resolu-

tion provides that the General Assembly will meet in joint

session at 11 o'clock Thursday, November 7, 1895, to hear

an address of the Ron. G. R. Glenn, State School Com-

missioner, on the educational interests of Georgia.

The Hon. G. R. Glenn, having been presented to the

General Assembly, proceeded to deliver his address. At

the close thereof the joint session was, on motion, dissolved.

The Senate returned to the Senate Chamber, and was

called to order by the President pro te:m.

The Sebate took up the report of the Committee ou Cor-

porations on the bill of the House to authorize the city of

- Thomasville to issue bonds to the extent of $35,000 to pay
' ,"'-

134

. JOURNAL OF THE 8NATE



for improvements, after submitting the question of bonds

or no bonds to the qualified voters of said city.

Proof of legal notice ~as submitteq. The report was

agreed to. The bill was read the third time and passed-

ayes 24, nays 0.

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

Mr. Braud, chairman of the Committee on Corporations,:

submitted the following report:

Mr. Pre8ident :
Your committee have had under considerution the following bills, and. recommend that they do pass, to wit:-

A bilI'to be entitled an act to repeal an act approveq -.
December 26, 1.888, to requite any corporation or pe~an doing business in this S~ate to rede~m in cash any scrip.L checks, or written evidence of, indebted~ess for wages 0~
laborers.

Also, a bill to be entitled an act to amend .tlie ,chart:; of the city of Rome, so as to enable said city to .issu~ and.

exchange, or to issue and sell, bonds to retire itR bonded

debt which mat.ures in 1896..

.

I.

j

Also, a bill to be entitled an act to amend the charter of.
the city of Rome so as to repeal set.ltion 46 of the act of the
General Assembly, apptoved September 25, -1883, tl1en
known as the charter of Rome ; and so as to repeal an !Hit'
to authorize and empower the mayor and city CQUncil ':Of Rome to adjnst and settle the present bonded dt>bt of ~he
city, and provide for the payment of the sa:me, passed :olll
the 28th day of February, 1876, so far as any future i.Bsue
of h9ndg or debts are concerned; and so as to repeal an-1\ctl
or&me.. ~~ledan act to amendthe.charters of the city
e~,1 passed on the 26th day of December, 1890; and so a&

-'" .

'.!

Tu.uRSDAY; :NoYEMBHa 7, -1S.9&.

l8$

1b ritpeal ~~ections 3 and 5 of'an act authorizing the. mator
.ad:comfdl.of th~ city of RoiJle to make .a temporar:r 'loan _-or loans to supply casual deficiencies: of revenue, .e:t;c,,
passed on the 21st day of December, 1893.

Also, a bill to be entitled_ an act to amend the charter of
. the ci~Y.::~f,~!'!El,-; so:-~~- ~rea~:!!-_ water commission for
thtafiPK; .. ,-: J.. ., ,. : - ..

corpotate -: ~
. ;'.::_iis6,~ bifi,to be;entitled 'an1aet tO 'Charige'the

i';~ .limits of the city of Rome, e~c.

'

; :r

- Respectfully submj.tted. ~- ' ~ -_ ~ , . 'I

~:;;- .

C. H. BRAND~_Chairman.

:<

t-;; ..... :

: ' :- :n . l

~ ()

>'{.~ - ' '

~:;:::_Leave of absence was granted Messrs. Mclure anillHa~t!.

rc:-?~80~

- ~ ~ - ) ~ -. r ..::..'

:, ' .' :.~he Senate, too~ up the rep,ort of the- SPecial J uqicia~

~1~:,:,;~--~-~ttee on the bill of the House= to require. the road

~~:{::::_:;::&,IJitri~iolf~rs of Bibb county to work the convict fotce at

b:;;.~~h~times ild pl~ces and in sue~ ~anner as they in!ly be

~,;;:~.~~rected by the county board. of commissioners of. Bibb

{>\;~!Q,ty~ upon the public bridges, etc._, and for other pur-

~~r-c:~~i





. .

~~;:<;.>:~~roof of legal notice was submitted. The report was

~::;"(':,~reed to.. The bill was read the thirsJ tim'e and passed~

~i;))~--~--.---- .

.. ~

'

~ ..

,1;~~:~;;_,~yes 24, nays 0.

~-:;~)':', :~fbe Seoa~:took' up the report of the Spedal Judi<liary

~~{::;; P!~~ittee ~n the bill of the Senate to provide for the re-

~;1;:\~/~)noyal of obstructions from the' streams of Hart county,

\~~~~i:~gdams used 'for oJieratiog mills, etc.,.and roll,Qther.

~~1:J{';:-~~ . . .

.' . . . }. ~ c



~ ~ ~ : :: - ::;

():';}:.-:::- Bl'!lQf of legal notice was submitted. The _report was

:~~<<-~~ l'he bill was ~d the <third: time .and pasd---,.

.k,.~. ;~:{~~:"1',~18.. YS 0

..

.. ..

,,'

.,.. .\

.
I

r1~~u~< ',-. ' . \' ! ......

136

JOURNAL OF THE SENATE.

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

SENATE CHAMBER, ATLANTA, GEORGIA.
Friday, November 8, 1895, 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:

Those present were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the Sd, Harris of the 22d, Harrison,

Johnson, Keen, Lewis, Long, Little, Lumpkin, McMillan, Mercer, Monro, McGarrity, McClure, Osborne,

Those absent were Messrs.-

Harris of the 12th, McGregor, Morton,

Norman, Tatum, Wilson,

Ryals, Roberts, Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Upchurch, Wade, Williams, Mr. President.
Wilcox, Whitley.

Mr. Beeks, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.
Leave of absence was granted Mr..Whitley on account of sickness.

FRIDAY, NOVEMBER 8, 1895.

137

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

By Mr. LongA bill to reincorporate the town of Elberton, and for
other pu'rposes. Referred to the Committee on Corporations.

By Mr. Cumming- ,
A bill to amend section 4 of the act approved December 23, 1884, in reference to funding the public debt, so as to authorize new registered bonds to be issued in lieu of the old bonds that may be transferred, and for other purposes.
Referred to the Committee on Finance.
By Mr. Lewis-
A bill to authorize the Governor and Treasurer to issue bonds and n~gotiate the same for the purpose of raising money with which to pay off an amount of the public debt maturing July I, 1896, which is not provided for by the . s.inking fund that will be in the treasury at such time, and' for other purposes.
Referred to the Committee on Finance.
The President announced as the committee, under a joint resolution of the Senate to appoint a committee of two from the Senate and three from the House, to inquire what leasees of convicts are in arrears to the State, Messrs. San>'.ford. and Tatum.

.. JOURNAL OF T.H~ SENATE.~

Mr.: President:

'l

. 0

~ The committee on Special judiciary have had rtmler eonsideration the following bill, and recommend that ~lle

same do pass, to wit:
o'f A bill to be entitled an act to autho!the board
:Co~missioners ~f roads ana revenuea .: .' :. e co~oti' of
a Glynn to issue coupon bonds of said count' i n sum not

-exceElding sixty-nine thousand dollars, etc. ' .;



Respectfully submitted.
C. C. BusH, Chairman pr~- tem. :

~r. Sheppard, chairm~n prd tern. of the Com~itt~ ,o~

'E.rigrossing, ~ubmitted the following report :1 ' ; :'

' ; '\:

..

.. )

The Committefl <Hi Engrossing: bav& examined thefol-,

lowing- bills and resolutions and find them properly en-
grossed and ready to be transmitted to the-Iiou~ &f &pl.

resebWti.~es; tti.Wit':

... AlHil'to;be entitled an act to 'require all. convict-mad~

b~oiii~ ~old'iri this State to be stamped.



u

. .;~.re.8oluiio~ tenderi~g t~an~~-. ~o the Atlanta b~ fO!,,~~~

}>ortrait

of'tlie

distinguished

statesman,

N.

J.

Hammond::

1 :

I

.



'- > 'J(~\

A resolution reopening assessme.1;1t Savannah Street

Railroad.

- :_



.-~ '.

A pill to be entitled an act t~.amend paragraph 1 9[.-~c
~i,<>p :~,of article 6 of the Con!jtitution of the State,-~ ~1\.J-9

~n~ the number -of supr~me court judges from th~,~

Jive~ ..

r.

d

A resolution appointing a committee .from the SeD~ .anq Ho'!se.as to what companies are in arrears forcon!~ts:.:

\ Respeetfully submitted:. - : ("\ ' . .

. ;; .. r .

: W: W: SHEPPARD, Chairman pro'tent-~ -

FRIDAY, NovEMBER .'8; 18M.

The fbllowing communication. was "Tecelved from his

,.::\:c '"~xoollehcy;:;tbe Governor, through :his Secretary, Mr.

~,;,,~Jrr~f:.~ ~t.v.
..~.:

,.

,. .r.-.
.... ' .. -

I~~ . . . . . Seoa~ .; . .. . :

directed by the Governor to deliverjo the

'9}

wntmg. ::._:;--~- ~- :.;

.";-.~ .

00 ~\)i-i;;. ~t:-::t-'.\_;. _._..

mmuu:ation

10



. n .. : :

'

.

.,
.:.-l

r.\,;;.~<Mr.Banis, Chairman of the Geoedl ~41'diciary COm-

mittee, submitted the following reporti.:; .lt ~;,

- :. '~.

.J.. :

.Mr-.; PreB'idl'nt :

. . ; The General Judiciary Committee'have bad u~der 'con-1
. . '~ sideration the following bill~ which they direct me W:

c~~r~ :to ~?e Sena~, with the -recom~eodati~?!l .t,!la~ t?ey. do .

!8881 w ":t :

..

.. . ~

.Senate :bill ~o, 144, by Senator Cumming:of the :Eigh4
~efl~}l; which is a bill to.be enti~led ~::c~ t~ r~peal ~n act ' ~titled ~o -act to amend section 391 0(1,) of.the (Jod~; ~~4

~ p~vitl~ fo~ t~e revision of the jury lists annually, jn;

. , .those counties within whose limits there is an !ncorpol'!lte!Y

.. town of ten thousand or more inhabitants.

.

'

Also,. Selia~ bi~L No.~ :J.62, by Senator Roberts of the

Tw~~ieth, which is a bill to be entitled an act to amend

. .*~~ldn: 2005 Qf the Code of 188.2, etc;

. -- ~

' ';~:iiso, House bill'No.~ 13_7; by ..Mr.:. Dodson of suh?~er:.

: which is. a biiLto ~be entitled an act to compel -insuriu1ce"
'. :~ .<~~panie8 tO PaY. the fiilf ~mount' of lo~- s.n'stai'rie~ up~~

~{_:,.:' ~ro~rt~. c~v~re~ ~y ~olicies of insuranc~ up to the arno:~~t

} ,fJipresseihn the polictes, etc.



:0:\::J?~(;. , ' They have als~ had u~de~ cinisidecition th~ follo~fii~1
<);ll;1whichitbey di'redt ine to report to;tlle Senate, withltbe

::{< -:~mendation that the a~eod;rieD.t of the House b't(oon.!>-

rrj::~ t:~; .;4J&trM1n:to witc .. .

~:':r.

~~:~~~::~,::~,- - '~ .

140

JouRNAL OF THE SENATE.

Senate bill No. 78, by Senator Cumming of the Eighteenth, which is a bill to be entitled an act to prescribe the method of attPstation and acknowledgment of deeds to realty and personalty executed without the State, etc.
They have also bad under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do pass by substitute, to wit :
Senate bill No. 195, by Senator Brand of the Thirtyfourth, which is a bill to be entitled an act to amend an act of the General .Assembly of Georgia, approved December 6, 1880, making it the duty of the clerk of the county court to select a judge should the parties litigant fail or refuse to agree upon counsel, etc.
They have also had under consideration the. following bill, which they direct me to report to the Senate, with the recommendation that the same do not pass, to wit:
Senate bill No. 138, by Senator Long of the Thirtieth, which is a bill to be entitled an act to provide for the appointment of an insurance commissioner for the State of Georgia, etc. .
Respectfully submitted. N. E. HARRIS, Chairman.

The President annouttced as the committee on the part of the Senate, under joint resolation of the Senate, tendering thanks to the bar of Atlanta for the gift of a portrait .lf Hon. N.J. Hammond, Messrs. Beeks and Harris of the Twenty-second district.
The following bills of the Senate were read the second time and passed to a third reading, to wit :
A bill to repeal an act to create a county court in each county of the State of Georgia, except certain counties .therein mentioned, approved January 19, 1872, and all

. FRIDAY, NovEMBER 8, 1895.

141

acts amendatory thereof as far as the same apply to the

eounty of Gwinnett.

A bill to establish the city court of Gwinne~t county,

etc., and for other purposes.

. A bill to amend an act of General Assembly, approved December 6, 1886, making it the duty of the clerk of the eounty court to select a judge when the parties litigant fail {)r refuse to agree.
A bill to repeal an act entitled an act to amend section 3910(c) of the Code, etc., an4 for other purposes.
A bill to amend section 2005 of the Code of 1882.

Also, a bill to repeal an act approved December 26, 1888, to require any corporation or person doing business in this State to redeem in cash any scrip, checks, or other writ_ten evidence of indebtedness for ~ages of laborers.

On motion of Mr. Cumming, the bill of the Senate to prescribe the method of attestation and acknowledgment of c.deeds of realty and personalty, executed without the State, to authorize their record in this State, and for other purposes, which was passed by the House with an amendment, was taken up 11-nd the amendment of the House was con. eurred in.

The following mesEage was received from the House ~hrough M.A. Hardin, the Clerk thereof.

Mr. Preaident:
The House has passed, by the requisite constitutional . majority, the following bills c..f the House, to wit:
A bill to extend the corporate limits of the city of Waynesboro.
Also, a bill to amend the charter of the city of Albany, and the several acts amendatory thereof, by changing the

. JOURNAL OF T.JIE S~NATE.

term. of the office of the mayor from one to- two years, and for other purposes therein contained.

, . Also, a bill. to establish a system of publio sohools . .for the town of Abbeville, to provide for the support .and ~a~ntenan~e of the same, and for other purposes..

~- 'lfhe House has also adopted: the following resolution i:tt which the concurrence of the Senate is asked; to wit:.

.fi- resolution for the relief of J. S. McGahee.

.I .

Mr. Lewis, chairman of the Committee on Finance; soh_;

mitted. the following report:

, ..

Mr. President :
The Finance Committee have had under conside~tion; resolution No. 73, authorizing the doorkeeper to app~i~t one additional assistant doorkeeper during the present seS~
sion, which they direct me to report . back to the Senite,
with the recommendation that it do pass.
LEwrs,' Chairman;
'.; (

By resolution of Mr. Starr, the Hon. W .. C. Martin, of

the county of Whitfield, was invited to a seat. in the Senate'

during his stay in this city.

; j

A~ the hour of 11 o'clock, A. M. the President pro tim.

announced that the hour had arrived for the General As:.

sembly to meet in joint session.

,., ..

.,,--

, Whereupon, the Senate in a body, preceded by the }>r~i

c~i'ent 'pro tem: and the Secretary, repaired to the Halt of

: ..

: .. . .

\

.. - . .

. ~ \. . .l.

_Representatives, and being announced by the doorkeeper,

~ere.;eceived by tl~e Hou~ of Representatives standinJ"~. .





~ ~ > ~). ,:

. The President pro tem. took the chair and called 'the

General Assembly to order.

~

F.RIDA.Y,:NovEMBER 8, 189il.

By::direetion of:tbe. presiding officer the Secretary read the~ l"eSblution under authority of which the joint session
JV4lS :co.nvened,_ viz.:

, A .resolution inviting the Chancellor ofthe. State. Uni.L
y~~lty to a'ddress the General Assembly at io o;cloc~ .A.'. M.
t1ii8 d!LY .
.1:
, :/1'\le Chan:cellor of the State University,. R~v. ~r.:: E. BOggs,:being presented to the General Assembly, proceeded to deliver his address; at the 'close of which the jQi~~ ~~ion
-~ :
was dissolved. : ,The Senat,e.. returned to the ~nate Chamber
. and. was called td order by the President pro .tem
: ,On Diotion of Mr. C~mming, it wits., ordered that when
ihe. Senate. a,dj~urns this day, it will adjourn untill 0 o'clock
~., ~~'. Mo~~f-, . .

On motion of Mr. Lumpkin, the following message of

ofy the Governor and the accompanying document were

.:. ~lien up and read:

'

STATE OF GEORGIA, EXEClCTIVE OFFICE. ATLANTA, November 8, 1895.

Tq the General Assembly of Georgia : .

::,. ,:, ~~~ .

.(

;

.

. . , .:~ )l.e~with transmit a ~opy of resolutions adopted.'Jiy .the

. : ~-rd1 of ,Directors of the Cotton States and. International ::~i;:~wsitiou, ~nd a letter from Direc~or-Gene~l C. _A.. Col-

. te& ~hat they may be read and smtable actwn b~ taken

t-h. .e:..r.e'..on. .

.

. I hope the General Assembly will comply .with the re-

~-, IWr~ l)lll;de~ .and appoint a joint committee to arrange a pro..:.

l,l!m for qeorgia day~.

.

' -.





W ..Y. ATKINsoN, Governo~_;

. ,, . .

i. : J

,,
,~.

144

JOURNAL OF THE SENATE.

ExECUTIVE CoMMITTEE, November 4, 1895.
Mr. Atkinson presented a resolution prepared by him, relative to "Georgia Day"; and
WHEREAS, It is e8pecially desired that the people ot Georgia should, as far as possible, lay aside business on that day, and visit the Exposition;. and
WHEREAS, By the efforts of comparatively a few men the grandest Exposition (except the World's Fair at Chi~go) has been completed and is ready for the inspection of the people of the State at their very doors; and
WHEREAS, The people of the State could not possibly spend their time or money in a more beneficial manner than in a visit to the great Exposition, where exhibits illus.trative of the varied resources, practically of the whole -country, and in many respects of the world, have been placed in a magnificent group of buildings, and in grounds which either in daytime or at night, when illuminated, -offer a dream of beauty riyaling Chicago, and where the contents of these buildings are object-lessons, in many re..spects more striking and better arranged and more readily comprehended than any that have ever been gathered to_gather at a similar exhibition; and
WHEREAS, The opportunity of a lifetime is offered to the people of Georgia, and every man, woman, and child in the :South should visit the Exposition on account of its educational features, and because it will be of untold benefit to .every intelligent person who visits, it, i~ quickening impulses and as an inspiration to greater efforts, and as a complete education in itself; therefore be it
Resolved, That the management of the Cotton States and International Exposition Company respectfully request the -Governor of the State, the members of the Senate and House of Representatives, and all of the officers of the .State government to take this day in charge and to issue

FRIDAY, NovEMBER 8, 1895.

145

~uch proclamations, and to use all and every agency by which the people of the entire State in this day may be -stirred up to enthusiasm, so that this day, set apart as in"dicated above, will be in truth "Georgia Day," and so that the people of the State may show that they fully appreciate the opportunities offered them for deriving benefit from this _"great exhibition, which is in itself a liberal education, and from which more good can be derived by them in a few _..days than they could possibly obtain from yeara of study.

ATLANTA, November 6, 1895.

.Hon. W. Y. Atkinson, Governor of the State of Georgia, Atlanta, Ga. :

DEAR SIR :-I beg to advise you that the board of di-

rectors of the Cotton States and International Exposition

,Company have set apart Tuesday, November 19, as "Geor-

_gia Day," aud most respectfully request that the General

Assembly, through proper committees, take charge of the

day and arrange such -flrogram for exercises as i.n their

judgment will be suitable for the occasion. By resolution

from the board a committee from the Exposition has been

.arranged, consisting of Mr. T. B. Neal, Mr. E. P. Cham-

berlain, and Mr. H. E. W. Palmer, to co-operate with such

-committees as may be appointed by the General Assembly,

.and upon notification of vour committees will be glad to
meet with them at any ti~e. n is the purpose aud desire

-of the Exposition company to make this, if possible, the

red-letter day of the Exposition, and we confidently rely

upo~ the public spirit and patriotism of the General As-

.sembly to give the matter such direction as will redound to

the credit of the State. With sentiments of the highest

regard, I am very truly yours,

(Signed)

C. A.. CoLLIER,

President and Director-General.

lOs

: >.

146

JOURNAL OF THE SENATE.

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 Rome so as to enable said city to issue and exchange, or to issue and sell, hoods to retire the bonded debt maturing in 1896.

~\ bill to authorize the board of commissioners of roads and revenues of Glynn county to issue coupon bonds of said county, not exceeding $69,000, bearing interest at a rate not exceeding five per cent. per annum, for funding the present bonded debt of said county, incurred prior to the Constitution of 1877, etc., and for other purposes.

A bill to ameud the charter of the city of Dalton so as to provide for the election of a mayor pro tem., etc., and for other purposes.

A bill to amend the charter of the city of Rome, so as to create a water commission, etc., ood for other purposes.

A bill to amend the charter of Rome so as to repeal section 46 of an act passed September 25, 1883, then known as the charter of Rome, and repeal an act to authorize the mayor and city council of Rome to adjust and settle the present bonded debt of said city, etc., and for other purposes.
Also, a bill to change the corporate limits of Rome, and for other purposes.
On motion of Mr. Brand, the Senate took up and agreed to a resoluzion authorizing the doorkeeper to appoint one additional assistant doorkeeper during the present session.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. Monday next.

MoNDAY, NovEMBER 11, 1895.

147

SENATE CHAMBER, ATLANTA, GEORGIA.
Monday, November 11, 1895, 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 the 22d, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity, McClure, Osborne, Ryals,

Sheppard, Storey, Snead, Sharpe, Starr, Tatum, Wilcox, Wade, Whitley, Mr. President.

Those absent were Messrs.-

B imis of the 3d, Harris of the 12th,
Harrison, Morton,

Norman, Roberts,
Sanford, Upchurch,

WilsOn, Williams.

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

the Senate.

Mr. Cumming, of the Eighteenth district, in behalf of

himself and other members of the General Judiciary Com-

mittee, submitted the following minority report :

Mr. President :
The General Judiciary C.ommittee have had under consideration House bill No. 137, by Mr. Dodson of Sumter, in reference to payment of losses by fire insurance companies, and the undersigned, as a minority report, recommend that the bill do not pass, because-

148

JOURNAL OF THE SENATE.

1. It would destroy one of the safeguards against incen-

diarism, and remove one of the strongest inducements to

the insured to exercise the highe~t care to guard his prem-

ises against destruction by fire.

2. Because, in our opinion, it would tend to increase the

cost of insurance without any corresponding benefits to the

insured.

3. Because, in our opinion, one of the results of the bill

would be to prevent many persons living in outlying county

districts from getting any insurance.

We further recommend, in view of the importance of

this bill, that one hundred copies be printed for the use of

the Senate.

BRYAN CmtliHNG,

TRAl\UIELL STARR,
,v. P. WADE,
'VALTER c. BEEKS,
w. w. OsBoRNE,

Members of ,Judiciary Committee.

The request of the minority of the Committee on the General Judiciary for the printing of one hundred copies of the bill mentioned in said minority report was granted.
On motion of Mr. Osborne the bill referred to in said report was made the special order for 11 o'clock A. M. Thursday, the 14th instant.
By resolution of Mr. Storey, the Ron. H. E. Wooten, of Dougherty county, was invited to a seat in the Senate during his stay in this city.
Mr. Tatum, chairman pro tem. of the Penitentiary Committee, submitted the following report:

Mr. President:
The Penitentiary Committee have had under consideration the fClllowing joint resolution, and recommend that it do pass as amended, to wit:

MoNDAY, NovEMBER 11, 1895.

149

A joint resolution appointing two from the Senate and three from the House to investigate the convicts of this State.
Respectfully submitted. G. W. M. TATUM, Chairman pm tem.
The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
Mr. President: The House has adopted the following joint resolutions,
with which the concurrence of the Senate is asked, to wit:
A resolution to pay Hon. Columbus Blair mileage and per diem.
Also, a resolution appointing a joint committee of three from the Senate and five from the House to take charge of the arrangements for "Georgia Day," November 19, 1895, at the Cotton States and International Exposition. The committee on the part of the House are Messrs. Howell, Rockwell, Wright, Giles, and Battle.
The House has also concurred in the following resolu-. tion of the Senate, to wit:
A resolution tendering thanks to Atlanta bar for the portrait of the distinguished statesman, N. J. Hammond, and appointing a committee to receive the same and have it placed in position in the State capitol. The committee on the part of the House are Messrs. Hall, McDonald, and Peeples.
The following bills were introduced, read the first time, and referred as indicated, to wit:
By Mr. Bussey.....:... A bill to prevent deception in the manufacture and sale
of imitation butter, etc., and for other purposes. Referred to the Committee on Agriculture.

150

JOURNAL OF THE SENATE.

By Mr. Harris of the Twenty-second districtA bill to prescribe the time for opening the schools of
Bibb county, and for other purposes. Referred to the Committee on Education.

By Mr. Johnson-A bill to prohibit a greater comm1sswn than four per
cent. for negotiating loans, and for other purposes. Referred to the Special Judiciary Committee.

Also, by Mr. JohnsonA bill to amend section 2057(a) of the Code of 1882,
etc., and for other purposes. Retimed to the Special Judiciary Committee.

Also, by Mr. JohnsonA bill to abolish the city court of Jackson county. Referred to the General Judiciary Committee.

By Mr. MercerA bill to require the judges of the superior courts to
select and appoint an official organ in the several counties of the State, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. WhitleyA bill to make prize-fighting a felony, prescribing a
penalty, and for other purposes. Referred to the General Judiciary Committee~
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to repeal an act entitled an act to amend section 39lO(b) of the Code and to pro-

MoNDAY, NovEMBER 11, 1895.

151

vide for the revision of the jury lists annually in those -counties within whose limits there is an incorporated town -of ten thousand or more inhabitants.

The report was agreed to. The bill was read the third time and passed-ayes 26, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 2005 -of the Code of 1882, which provides that every person . -claiming the benefit of the exemption of personal prop-erty shall make a. full disclosure of all the personal prop-erty of which he may be possessed, and other provisions to prevent fraud upon creditors, so that, when amended, the person claiming the homestead exemption in real or personal property, or both, shall be required to disclose in his .schedule all the real and personal property of which he may be possessed.

The report was agreed to. The bill was read the third time and passed-ayes 26, nays 0.

The following bill of the Senate, which was taken up for :a third reading, was, on motion, laid on the table, to wit:
To repeal an act approved December 26, 1888, tQ re-quire any corporation or person doing business in this State 'to redeem in cash any scrip, check, or other written . .evid~nce of indebtedness for wages of laborers.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act ap-
proved December 6, 1880, making it the duty of the clerk . -of the county court to select a judge should the parties
litigant fail or refuse to agree upon counsel, instead of having the case transferred to the superior court, and for other '. purposes.

152

JOURNAL OF THE SENATE.

The committee reported in favor of the passage of the bill by substitute, which was adopted.
The report was agreed to. The bill was read the third time and passed as amended by substitute-ayes 29, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to repeal an act entitled an act to create a county court in each county of the State, except certain counties therein mentioned, approved January, 1~72, and all acts amendatory thereof so far as. the same apply to the county of Gwinnett.
The report was agreed to. The bill was read the third time and passed-ayes 27, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to establish the city court of Gwinnett in and for the county of Gwinnett; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and for other pu~poses.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passedayes 25, nays 0.
On motion of Mr. Beeks, the joint resolution from the Honse relating to Georgia day was taken up and concurred in.
On motion of Mr. Beeks, it was ordered that the committee on the part of the Senate shall embrace the nanie of the President of the Senate.
The said committee consists of Messrs. Beeks, Sheppard': and Venable, the President.
Mr. Boyd, chairman of the committee appointed at the last Ression to examine the work of the compilers of the Code, submitted a report, which was read and referred to the General Judiciary Committee.

MONDAY, NOVEMBER 11, 1895.

153

Mr. Boyd introduced the following bill, which was read and referred t-o the Special Judiciary Committee, to wit:
A bill to approve, adopt, and make of force the Code of Laws prepared under the direction and by authority of the General Assembly; to provide for the printing and publication of the same, and to make indexes thereto, and for other purposes.
The Senate took up the report of the Finance Committee on a resolution authorizing and directing the Comptroller-General to reopen the matter of assessments of the Postal Telegraph and Cable Company.
The report was agreed to, and the resolution, being read the second time, was adopted.
By request of Mr. Lewis, be was excused from servicing on the Committee on the Northeastern Railroad, and Mr Starr was appointed in his stead.
By request of Mr. Snead, he was excused from servicing on the Committee to visit the State Normal School, and in his place Mr. Mercer was appointed.
Leave of absence was granted Messrs. Sanford, Boyd, Mercer, Starr, and Sheppard to visit the State Normal School at Athens, Ga.
By resolution of Mr. Brand, the privileges of the Senate chamber were extended to Governor Watson of the State of Delaware, Hon. John R. Nicholson, and lion. J. Harvey Whiteman during their stay in this city.
Mr. Bush, chairman pro tern. of the Special Judiciary Committee, submitted the following report :
l!fr. PreSident: The Committee on Special Judiciary have bad under
consideration the following bill, to wit :

154

JduRNAL oF THE SENATE.

A bill to be entitled an act to amend the charter of the city of Dalton, so as to make it the duty of the clerk of the council to collect all property taxes and license fees due the said city, etc., and recommend that it do pass as amended.
Respectfully submitted. C. C. BusH, Chairman pro tem.

Mr. Bush, chairman pro tem. of the Special Judiciary Committee, submitted the following report:

J:fr. P1esident :
The Committee on Special Judiciary have bad under consideration the following bill, and recommend that the same do pass, to wit :
A bill to be entitled an act to repeal an act approved August 22, 1883, incorporating the town of Morganton.
Respectfully submitted.
C. C. BusH, Chairman pro tem.

Mr. Mercer offered the following resolution, which was agreed, to wit:
WHEREAS, The House of Representatives has invited the Hon. Charles F. Crisp to address the General Assembly on the issues of the day ;
Resolved, That the Senate join with the House in that request.

Leave of absence was granted to Mr. Long.

Mr. McMillan introduced a bill to authorize the Governor to appoint military officers, without salary, and for other purposes, which was read the first time and referred to the Committee on Military Affairs.

MoNDAY, NovEMBER 11, 1895.

155

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the city of Rome, so as to enable said city to issue and ~xchange, or to issue and sell, bonds to retire its bonded debt which matures in the year 1896.
The report was agreed to. The bill was read the third time and passed-ayes 27, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to ehange the corporate limits of the city of Rome so as to include therein the following described land: Beginning at the northwest corner of land lot 237; thence along the line between land lots 203 and 204 to the right of the Rome and Decatur Railway; thence westerly along said right of way to the east .side of West street in West Rome ; thence southerly along said east side to Howard avenue; thence along the east side .-of Howard avenue to the right of way of the Chattanooga, Rome and Columbus Railroad; thence easterly along said right of way to the present corporate limits of Rome.
The report was agreed to. The bill wa3 read the third time and passed-ayes 25, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the city of Rome, so as to repeal section 46 of the act of the General Assembly, approved September 25, 1883, then known as the "charter of Rome"; and so as to repeal an act to authorize and empower the mayor and city council of Rome to adjust and settle the present bonded debt of the -city and provide for the payment of the same, passed on the 28th day of February, 1~76, so far as any future issue of bonds or debts are concerned ; and so aE? to repeal an act to amend the charter of the city of Rome, etc., passed on the.
26th day of December, 1890; and so as to repeal sections a

156

JOURNAL OF THE SENATE.

and 5 of an act authorizing the mayor and council of the city of Rome to make a temporary loan or loans to supply casual deficiencies of revenue, etc., passed on the 21st of December, 1893.
The report was agreed to. The bill was read the third time and passed-ayes 27, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the city of Rome, so as to create a water commission for said city, to define its powers and duties, to prevent the pollution of the city water, damage to its waterworks, and to make it the duty of the commissioner to try or prosecute all persons injuring or damaging the same.
The report was agreed to. The bill was read the third time and passed-ayes 26, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize the board of commissioners of roads and revenues of the county of Glynn to issue coupon bonds of said county in a sum not exceeding sixty-nine thousand dollars, having interest at a rate not exceeding five per cent. per annum, for the purpose ofrefnnding the present bonded indebtedness of said county incurred prior to the Constitution of 1877; to provide for the levy and collection of a tax for the payment of said bonds and the interest thereon, and for the establishment of a sinking fun~l. and commissioners therefor; to provide the manner in which said bonds may be issued and paid off; to authorize the said board to settle and adjust the debts of said county, and for other purposes.
Tbe report was agreed to. The bill was read the third time and passed-ayes 30, nays 0.

TuESDAY, NovEMBER 12, 1895.

157

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the city of Dalton, so as to authorize the mayor and eouncil of said city to elect a mayor p1o tern. to perform the duties and exercise all the powers and functions of the mayor of said city during the absence of the mayor from the city, or during his sickness, or when otherwise disqualified.
The report was agreed to. The bill was read the third time and passed-ayes, 29 nays 0.
On motion of Mr. Storey, the bill of the House to amend the charter of the city of Albany, etc., and for other purposes, was read the first time, and referred to the Committee on Corporations.
By general consent, Mr. Osborne introduced a bill to ainend the general railroad law of 1892.
1 Referred to the Committee on Railroads.
The Senate adjourned, on motion, until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Tuesday, November 12, 1895, 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:

Those present wer~ Messrs.-

Beeks, Bush, Boyd, Brown,

Keen, Lewis, Long, Little,

Osborne, Ryals, Roberts, Storey,

158

JOURNAL OF THE SENATE.

Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Johnson,

Lumpkin, McMillan, Mercer, Monro, McGarrity, McClure, Norman,

Those absent were Messrs.-

Snead, Sharpe, Wade, Whitley, Williams, Mr. President.

Broughton, Bussey, Brand, McGregor,

Morton, Sheppard, Sanford, Starr,

Tatum, Upchurch, Wilson, Wilcox.

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

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

Mr. Presiderd :
I am directed by the Governor to deliver to the Senate a communication in writing, with accompanying document.

Tbe communication referred tQ in the foregoing message was, on motion, taken up and read, as follows, and fifty copies thereof were ordered to be printed for the use of the Senate, to wit :
ExEcUTIVE OFFICE. ATLANTA, GA., November 12, 1895.
Gentle:men of the General Assembly: In my communication to you in 1894 I recommended
that provision be made for State supervision of misde-meanor convicts. After the adjournment of the General Assembly reports reached me touching the management of these convicts, which indicate such a state of affairs that I

TuESDAY, NovEMBER 12, 189b.

159

felt it my duty as the Chief Executive of the State,

charged with the obligation to see to the proper enforce-

ment of the law, to investigate and place before you facts

showing the true state of affairs, that the subject might be

intelligently considered and wisely acted upori by you.

To perform this important work, I engaged the Ron. R.

F. Wright, who had faithfully and efficiently performed the

duties of Assistant Keeper of the Penitentiary during the

term of my immediate predecessor, to visit each camp in the

State where misdemeanor convicts were worked, and make

a thorough investigation and report to me.

This task he has partially completed, and I herewith

send you his report upon the camps visited. It reveals

such inhuman and barbarous conduct upon the part of

some of those engaged in working this class of convicts

that comment by me is unnecessary to induce you to act

promptly to save our State from longer submitting to this

burning shame.

There is but one remedy for the deplorable conditions

now existing, and that is through State supervision by

which uniform treatment can be required under one set of

rules enforced by our penitentiary department. I ask that

you give this valuable report, which I now submit to you,

careinl cons.ideration, and to the subject upon which it

bears, ,that attention which its importance demands. The

1 special report made to me upon each camp visited gives in

detail the result of Mr. Wright's investigation and is sub-

ject to inspection by such,committee as may have in charge

legislation upon this subject.

w. Y. ATKINSON,

Governor.

160

JOURNAL OF THE SENATE.

To His Excellency, W. Y. .Atkinson, Governor:
SIR :-Having been requested by you to report on t.he work in which I have been engaged for the past month or two, viz.: inspecting the condition of the misdemeanor chain-gangs of the State, and the convicts therein confined, I beg to submit the following, although the inspection has not yet been completed, as there still remains perhaps fifteen chain-gangs which I have not visited, including those located in the most populous counties in the State.
Since my employment I have visited thirty-three chaingangs, located in the following counties : Oglethorpe, Coffee, Dooly, Wilcox, Lowndes, Echols, Laurens, Baldwin, Putnam, Wilkes, Newton, Jasper, Morg-an, Berrien, Lee, Irwin, Pulaski, 'Vashington, Ware, Thomas, Emanuel, Jefferson, and Greene, and to the best of my ability, investigated each thoroughly and conscientiously, with the single idea of ascertaining and reporting the true condition of each, and of the systems under which they are operated.
Of the thirty-three camps visited, twenty-six are worked by private individuals, and are of that class which the Supreme Court has .recently held to be i11egal, and of the remaining seven, fi\e are regularly organized county chaingangs, and two are worked jointly by county and municipal authorities.
The total number of convicts imprisoned in these gangs is seven hundred and ninety-five (795), of which there are twenty-seven white males, no white females, seven hundred and forty-nine (7 49) colored males, and nineteen colored females.
The average length of sentence I found to be nine months. Average number of hours worked per day, ten, with an average rest of one hour.
These convicts are employed in farming, saw-milling, brick-making, turpentine farms, and a few on public roads.

TuESDAY, NovEMBER 1~, 1895.

161

In the private gangs where the convicts are leased or

bired to private individuals, the hire per month ranges

-from three to six dollars per capita, the average being

-about five dbllars per month.

Generally the whites and blacks are not chained

together, nor are the males and females, but they are

worked together indiscriminately, and in many of the

gangs practically no provision is made for a separation of

races or sexes during the day, or at night in sleeping quar-

ters.

There are among this number many convicts still under

-their majority, and I found eleven under the age of four-

teen.

Very little attention is given to the comfort or sanitary

-oondition of the sleeping quarters; some sleep in rude

houses with no floors, some in tents on the bare ground,

.and a few in bunks. The bedding is generally scant and

-filthy, frequently full of vermin. In a number of the

-camps no fire is allowed even in the coldest weather. The

ventilation generally is very poor and insufficient; in many

instances in summer the sleeping quarters are veritable

.sweat boxes, being constructed only with a view to pre-

venting escapes, comfort and ~;anitary conditions being en-

tirely ignored.

With few exceptions, I found no hospital buildings for

the sick, and no preparation for their carP., comfort, or med-

, ical treatment.



In fact, it seems to be expected that misdemeanor con-

victs never get sick, or require no treatment if they do;

,QUe superintendent having boasted that in his gang, which

.averages twenty-five convicts, "he had not had a physician

:in five years," and yet., in one gang of eighteen men, I .

. -found there had been eight deaths in the past twelve

.months. In the vicinity of a few camps, I found physiua

162

JOURNAL OF THE SENATE.

cians residing who are called in when needed, but most of the gangs are practically without physicians, one being sent for only in extreme cases.
In a few of the camps the convicts are fairly~ed, but generally the food, which consists of cornbread and fried meat, with no change from day to day, is scant and meager, and really insufficient to sustain health and strength.
The clothing is generally scant and filthy, some convicts going weeks without a change; hence vermin of all kind are not infrequent.
At some camps, only cotton clothes are used winter and summer, and at a number of camps, the convicts had no clothes except what they were then wearing..
I found female prisoners working side by side with their male confederates, dressed in full male attire, the authorties claiming that "this mode of dress was less in the way, and besides it seemed to be the tendency of the "new woman.""
With one or two exceptions, no record is kept showing name of convict, crime of which convicted, term, date received, date discharged, or record of daily conduct upon which the good time allowed by law should be based.
In many cases the convicts had to be looked up and counted before I could ascertain bow many were in the gang. It was impossible to learn, on this account, how many convicts have been held beyond the t~rm imposed by the courts ; but, from my observation, taken in copnection, with other facts which will hereafter be mentioned, I am satisfied such cases occur not infrequently.
At some camps the authorities have required convicts to make up all time lost by sickness, and in some cases where an escape was recaptured, his term bas doubled without indictment, trial, or authority of law, as I was reliably informed. The act of 1884 allows a convict commutation eight days off of a twelve months' sentence. I found that

TuESDAY, NovEMBER 12, 1895.

163

this law has never been observed, except in three out of the thirty-three gangs visited, notwithstanding this law has been on the statute books for the past ten years.
At many eamps I found no regular ~hipping-boss, but all guards and bosses carried straps and punished the convicts.ad libitum, and from this fact have gone out the reports, in many cases too true, of cruelty and inhuman treatment.
Without encumbering my report with the many cases . which were discovered of ill treatment and cruelty, I shall
mention one which only illustrates the others. At one camp I found five convicts who had been so severely punished that though three or four weeks had elapsed, the effects were still plainly vi~ible on my visit.
Judging from the condition of these convicts at the time of my visit, the punishment must have been cruel, brutal, savage, and barba.ous. Many similar cases came under my observation.
The deaths for the past twelve months, so far as could be a&rlertained, amounted to twenty-seven, a rate more than double the mortality in the State penitentiary. These deaths were reported to me by the superintendent or lessee, from memory only, there being no record kept from whi~h this data or any other could be ascertained.
Escapes are very frequent, there having been niLJ.etyeight reported to me at theca~ps visited during the past twelve months, or more than twelve per cent. of the whole number confined therein.
With this report I send in to your Excellency the details of my investigation of each camp, upon which this general report is based, and which will give some idea of the scope of the investigation made, and I trust will to some extent illustrate the magnitude of the undertaking and the care, with which I endeavored to ascertain the facts.
I cannot close this report without commending your Ex-

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JOURNAL OF THE SENATE.

cellency for endeavoring to procure some legislation which

will bring this system into order and regularity, properly

punish the unfortunate criminals, but at the time afford

them protection and humane treatment. It is a disgrace to

civilization that, when most of the misdemeanor convicts go

from the courts to the chain-gangs, they are sold bodily for

the term of their sentence, often to private parties who are

responsible to none for their treatment.

Many of the lessees I found to be good business men, in-

telligent and humane, who are anxious to be informed of

their duty under the few laws now of force touching the

misdemeanor chain-gangs, and who expressed themselves as

thoroughly in accord with your Excellency in endeavoring

to improve the system by proper legislation.

Realizing and appreciating the evils, they yet feel power-

less to correct many of them under the existing statutes,

and would hail with delight any legislation which would

correct the evils, and bring the various gangs under one

general uniform management.

I am glad to report also that the people of Georgia are

awakening to the true condition of the chain-gangs, and are

demanding legislation which will correct the many evils.

When I shall have finished the inspection, I shall make

to your Excellency a complete and more comprehen~ive

report, going more in detail, and giving it that thorough

preparation which I could not give to this, owing to the

hurried manner in which it was prepared.

In the meantime, I have the hont:r of subscribing my

self,

Very truly yours,

R. F. WRIGHT.

The foregoing communication of the Governor and accompanying document were; on motion, referred to Committee on Penitentiary.

TuESDAY, NovEMBER 12, 1895.

165

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

Mr. President:
The General Judiciary Committee have bad under consideration the following bills, and after carefully considering the same, have directed me to report the same to the Senate, with the recommendation that they do p8.88, to wit:

Senate bill No. 169, by Senator Bush or the Eighth, which is a bill to be entitled au act to amend an act entitled an act to amend section 4625(c) of the Code, etc.
Also, Senate bill No. 189, by Senator Starr of the Fortythird, which is a bill to be entitled an act to define the right and privileges of foreign guardians and trustees, etc.
Also, Senat{) bill No. 190, by senator Tatum of the Forty..fourtb, which is a bill to be entitled an act to rearrange the Cherokee and Rome circuits, etc.

They have also bad under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do pass, as amended, to wit:

Senate bill No. 66, by Senator Monro of the Twentyfourth, which is a bill to be entitled an act making it unlawful for municipal corporations to levy a tax or license upon any non-resident manufacturer, merchant, etc.

They have also bad under consideration the following bill, which they direct me to report to the Senate, with the recommendation that the introducer be allowed to withdraw same, to wit :
~nate bill No. 172, by Senator Harris of the Third, which is a bill to be entitled an act tQ amend section 1ill

166

JouRNAL oF THE SENATE.

of the Code of 1882, by striking all of said section commencing immediately after the word" the" in the third line . of said section, and substituting therefor the following, etc.
They have also bad under consideration the following biBs, which they direct me to report to the Senate, with the recommendation that they do not pass, to wit :
Senate bill No. 165, by Senator Beeks of the Twentysi.xth, which is a bill to be entitled an act to confer on the official stenographic reporters of the respective judicial circuits of the State, and their successors in office, the powers and duties of commercial notaries public, etc.
Also, Senate bill No. 180, by Senator Long of the Thirtieth, which is a bill to be entitled an act to require all persons who carry about their persons any pistol, dirk, sword in cane, spear, or bowie-knife to register in every county where the same are carried, etc.
Also, House bill No. 201, by Mr. Armstrong of Wilkes, which is a bill to be entitled an act for the better collection of tax executions in this State.
Respectfully submitted. N. E. HARRIS, Chairman.

By resolution of Mr. McClure, the Hon. John H. Davis of the county of Towns, was imited to a seat in the Senate during his stay in the city.
By resolution of Mr. Mercer, the Hon. A. J. Fleming was invited to a seat in the Senate during his stay in this city.
Mr. Beeks offered the following resolution, which was read and agreed to, to wit :
A resolution requesting the State School Commissioner to have his recent address and that of the Chancellor of the State University printd.

TuESDAY, NovEMBER 12, 1895.

167

The bill of the Senate making it unlawful for municipal -corporations to levy a tax or license upon any non:-resident manufacturer, merehant, trader, or their traveling salesmen, was taken up for a third reading, and, on motion of Mr. Monro, was made the special order for Thursday, the 14th instant.

The following bills of the Senate, taken up under adverse reports of the General Judiciary Committee, were, on motion, laid on the table, to wit :
A bill to provide for the appointment of an insurance -commissioner and a clerk to said commissioner, for the
Stat~.

Also, a bill to require all persons who carry about their

persons any pistol, dirk, etc., to register in every county

where the same are carried.

.

The following bills of the Senate were withdrawn, with -consent of the Senate, to wit :
A bill to amend section 1711 of the Code.

A bill to amend section 4766 ofthe Code.

A bill to authorize the State Librarian to appoint and re~ move his assistant."
~ Also, a bill to provide for the election of the clerk of the county commissioners of Fulton county by the people.

The following bills of the Senate, adversely reported, were taken up and lost, by -agreement ~ith said reports, to wit:
A bill to provide for recording chattel mortgages on real -estate in separate books, etc.

168

JOURNAL OF THE SENATE.

Also, a bill to confer on official stenographers the powersand duties of commercial notaries public.
Mr. Mercer, by general consent, introduced the following bill, which was read the first time and referred to theCommittee on Railroads, to wit :

A bill to prevent dealing in railroad tickets by other than authorized agents of railroad companies.

Mr. Harris, of the Twenty-second district, introduced a bill to amend the charter of the city of Macon, and for othe~ purposes, which was read the first time, and referred to the Committee on Corporations.

Mr. Whitley, chairman of the Committee on Engrossing,. submitted the following report :

Mr. 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 repeal an act entitled an act to amend section391 O(b) of the Code, and to provide for the revision of the jury lists annually in those counties within whose limitsthere is an incorporated town of ten thousand or more inhabitants.
Also, a bill to amend section 2005 of the Code of 1882..
Also, a bill to amend an act approved December 6, 1880,. making it the duty of the clerk of the county court to select a judge should the parties litigant fail or refuse to agreeupon counsel, instead of having the case transferred to thesuperior court, and for other purpost>s.

TuESDAY, NovEMBER 12, 1895.

16~

Also, a bill to repeal an act entitled an act to create a. county court in each county of the State, except certain counties therein mentioned, approved January, 1872, and all acts amendatory thereof, so far as the same apply to the county of Gwinnett.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Cumming, of the Eighteenth, acting chairman cf the Corporation Committee, submitted the following report :

Mr. President :
The Committee on Corporations instruct me to report House bill No. 459, being an act to amend the charter of Albany, with recommendation that it be read a second time and recommitted.
BRYAN CUMMING,
Acting Chairman Corporation Committee.

The bill mentioned in the foregoing report was, in accordance with the recommendation thereof, read the second time.and recommitted.
By resolution of Mr. Mercer, Messrs. J. D. Hero and
H. W. Clark of Pittsburg, Pa., were tendered seats in the Senate during their stay in the city.
The joint resolution of the Senate providing for a joint committee to investigate the convicts ot this State was read the second "time and passed to a third reading.
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 amend section 4625 of the Code
. A bill to define the rights and privileges of foreign guardians and trustees; and for other purposes.

170

JOURNAL OF THE SENATE.

Also, a bill to reorf,!;anize the Cherokee and Rome judicial circuits.

The following bills and resolutions of the House were read the first time, and referred as severally indicated, to wit:
A ])ill to establish a system of public schools for the town of Abbeville, etc., and for other purposes.
Referred to the Committee on Education.

A bill to grant to the mayor and aldermen of Savannah a strip of land in Crawford ward, etc.
Referred to the Committee on Corporations.

A bill to amend section 534 of the Code, etc. Referred to the General Judiciary Committee.

A bill to extend the corporate limits of the city of Waynesboro.
Referred to the Committee on Corporations.
A resolution for the relief of J. S. McGahee of McDuffie county.
Referred to the Finance Committee.

Al.;;o, a resolution to pay Hon. Columbus Blair mileage, and per diem.

The following bills of the House were read the second time and passed to a third re,ading, to wit :
A bill to amend the charter of the city of Dalton.

Also, a bill to repeal an act approved August 22, 1883, incorporating the town of Morganton, and all amendments thereto.

WEDNESDAY, NovEMBER 13, 1895.

171

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

SENATE CHAMBER, ATLANTA, GEORGIA.
'Vednesday, November 13, 1895, 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 Senator8 answered to their names :

T~ose present were Messril.-

Beeks, Broughton, ""Bush, Boyd, Brown,
{}umming, Harris of the 3d, Barrie of the 12th, Harris of the 22d, .Johnson, Xeen, Lewis,

Long, Httle, Lumpkin, McMillan, Mercer, Monro, Morton, McGarrity, Norman, Ryals, Roberts,

Sheppard, Storey, Sanford, Snead, \ Sharpe, Starr, Tatum, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Bnll88y, Brand, .Qraigo, Harrison,

McGregor, McClure, Osborne,

Upchurch, 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.

. Mr. Harris, of the Third district, chairman of the Special .Judiciary Committee, submitted the following report:

172

JouRNAL oF THE SENATE.

Mr. President:
The Special Judiciary Vommittee have had under con-' sideration the following House bill, which they recommend do pass, the proofs being correct, to wit :
' A bill to amend section 1 of an act entitled an act toprovide compensation for election managers and clerks at all general and special elections held in "\\<.ashington county,. and for other purposes.

The following bills are returned to the Senate, with the recommendation that they be referred to the General Judiciary Committee, to wit:
A bill to be entitled an act to prohibit a greater commission than four per cent. for negotiating loans, and for Qtherpurposes.
Also, a bill to amend section 2057(a) of the. Code oi 1882, by making it a penal offense to charge a greater rate of interest than is permitted by said section, and for otherpurposes.

Also, a bill by Mr. Rawlings of Washington, to amend section 1291 of the Code of 1882.
Respectfully submitted. S. R. HARRIS, Chaitman.

The bills mentioned iR the foregoing report, with recommendation that the same be recommitted to the General Judiciary Committee, were taken up and so recommitted.
Mr. Whitley, chairman of the Committee on Engrossing,. submitted the following report :
Mr. President : The Committee on Engrossing have examined the fol-

WEDNESDAY, NovEMBER 13, 1895.

173

lowing bill and resolution and find the same correct and

properly engrossed, to wit:

'

A bill to e8tablish the city court of Gwinnett in and for the county of Gwinnett; to define its jurisdiction and pow-ers; to provide for the appointment of a judge and other -officers thereof, and for other purposes.

A resolution authorizing and directing the ComptrollerGeneral to reopen the matter of assessments of the Postal Telegraph and Cable Company.
Respectfully submitted. T. R. WHITLEY, Chairman.

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

Mr. Prellident:

The Gimeral Judiciary Committee have had under consideration the following bills, and after carefully considering the same, have directed me to report the same to the Senate, with the recommendation that they do pass, to wit:

Senate bill No. 185, by Senator Wilcox of the Fifteenth, which is a bill to be entitled an act to prescribe the qualifieations for judges of city and county courts, etc.

Also, House bill No. 382, by Mr. Dodson of Sumter, which is a bill to be entitled an act to fix the payment of tales jurors, etc.

Also, House bill No. 410, by Mr. Fletcher of Irwin, which is a biB to be entitled an act to change the time of holding the fall term of Irwin superior court, etc.

Respectfully submitted.

N. E. HARRIS, Chairman.

174

JOURNAL OF THE SENATE.

Mr. Boyd, chairman of the Committee on Temperance, stibmitted the following report :

Mr. President:
The Committee on Temperance have had under consideration the following bill, which they recommend do pass by substitute, to wit :

A bill to be entitled an act to regulate the sale of domestic wines in the towns and cities of this State, to provide for licensing the same, and for other purposes.

Respectfully su~mitted.

M.G. BoYD, Chairman.

Mr. Long, chairman Committee on Banks, submitted the following report:

Mr. President :

Your committee have had under consideration the following bill by Mr. Harris, of Twenty-second district, No. 173, which they recommend do pass, to wit :

A bill to be entitled an act to amend the charter of the Macon Savings Bank, so as to authorize the directors to reduce the capital stock, and for other purposes.

Also, a bill by Mr. Mercer, of Ninth district, No. 174, which they recommend do pass :

A bill authorizing the payment of checks, drafts, and savings bank orders in case of death of drawer before payment, and for other purposes.

Respectfully submitted.

N. G. LoNG, Chairman.

WEDNESDAY, NOVEMBER 13, 1895.

175

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

Mr. President :
The Committee on Corporations have had under consideration the following bill, and after carefully considering the same, have directed me to report the same to the Senate, with the r('commendation that it do pass, proofs correct, to wit:

House bill No. 459, by Mr. Jones of Dougherty, which

is a bill to be entitled an act to amend the charter of the

city of Albany and the several acts amendatory thereof, etc.

Respectfully submitted.

C. H. BRAND, Chairman.

The following message was received from the Hom;;e through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the following bills of the House by
the requisite constitutional majorities, to wit:
.A bill to be entitled an act to provide for the deposit of money or securitie~ by mutual life insurance companies of this State who seek to do business in other States.

Also, a bill to be entitled an act to abolish the county court of Houston county, and for other purposes.
AJso, a bill to provide for the removal of obstructions of all kinds, except mill dams, etc., in the running streams of Elb~rt county.
Also, a bill to prohibit the levying and collecting by any incorporated city, town, or village in this State of any license or tax on any traveling salesman for the taking of orders for the sale of goods, or selling goods by sample, where no actual delivery is made at the time of taking such orders.

176

JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to incorporate the public school of Cochran, Pulaski county.

Also, a bill to define the liability of receivers, trustees,

.assignees, and other persons operating railroads in this State,

and for other purposes.

:

Also, a bill to make the personal earningR of a married woman, when working lor any one other than her husband, her separate property, and not liable for the debts of her husband.

Also, a bill to amend an act incorporating the town of Guyton, to define the qualification of voters therein, and for other purposes.
.Also, a bill to provide for the removal of all obstructions in the running streams of Forsyth county, and for other purposes.

Also, a bill to amend an act to prohibit the sale of alco;holic, spirituous, or malt liquors, or intoxicating bitters, or jntoxicating drugs of any kind, in the county of Elbert, .and for other purposes.

Also, a bill to define the duties of receivers, trustees, assignees of corporations owning or operating property or franchises in this State, and for other purposes.

Also, a bill to amend the charter of the city of Dalton, .so as to require every person, firm, company, or coryoration to register annually their trade, etc.

The House has also adopted the following resoluti~ms, with which the concurrence of the Senate is asked, to wit :
A resolution relieving Brunswick Statt bank and its
.sureties from payment of interest on ft. fa.

WEDNESDAY, NovEMBER 13, 1895.

177

Also, a resolution convening a joint session of the House -and Senate to hear the addre~s of Hon. Charle"' F. Crisp <>n the public issues of the day, November, 13th, at 8 P. M.
Mr. Brand, chairman of the Committee on Corporations, i>Ubmitted the following report:

Mr. President :
The Committee on Corporations have had under consid-erstion the following bills, which they recommend be read .tbe second time and recommitted to this committee, to wit:

A bill to be entitled an act to grant to the mayor and :aldermeo of Savannah a strip ~f land in Crawford ward, .and for other purposes.

_Also, a bill to bE\ entitled an act to extend the corporate limits of the city of Waynesboro, and for other purposes.

Also, a bill to be entitled an act to reincorporate the

town of Elberton, and for other purposes.

R,espectfully submitted.

C. H. BRAND, Chairman.

On the .call of the roll for the introduction of new matter the following bills were introduced, read the first time, and referred as indicated, to wit:
By Mr. Brown-
4 bill to amend the general tax act for 1895 and 1896,
:andlfor o~her purposes. Referred to Finance Committee.
By Mr. Keen-
A bill to regulate the tolling of rice in this State, and for other purposes.
Referred to the Committee on Agriculture.
l2ll

178

JOURNAL OF THE SENATE.

By Mr. Tatum-
A bill to empower the Principal Physician of the Penitentiary to discharge subordinate physicians for neglect of duty, and for other purposes.
Referred to Committee on Penitentiary.

Ry Mr. VenableA' bill .to provide for election of the clerk of t~e commis-
sioners of roads and revenues of Fulton county by the qualified voters of said county.
Referred to Committee on Special Judiciary.

By Mr. WhitleyA bill to trans(er the county of Campbell from the Coweta
judicial circuit to the Tallapoosa judicial circuit, and for other purposes.
Referred to Special Judiciary Committee.

On motion of Mr. Roberts, the bill of the House to regulate admission to the bar was taken from the table and recommitted to the General Judiciary Committee.
Mr. Sneed offered a joint resolution providing for a committee of two from the Senate and three from the House to arrange for a reception by the General Assembly to Governor D. H. Hastings of Pennsylvania, and his escort.

This resolution was, on motion, taken up, read, agreed to, and, on motion of Mr. Sneed, ordered to be immediately transmitted to the House of Representatives.

The committee on the part of the Senate consists of Messrs. Sneed, and Harris of the Twenty-second district.

On motion of Mr. Boyd, the bill of the Houf'e to pre-

scribe penaltiel'l for violation of the penal laws of the State,

etc., and fol' other purposes, was taken from the table and

put upon its passage.

'

WEDNESDAY, NOVEMBER 13, 1895.

179

The General Judiciary Committee reported in favor of its passage by substitute.
The substitute was amended, on motion of Mr. Harris, of the Twenty-second district, as follows, to wit :

To amend the amendment by striking therefrom, in the last two lines of first page, the words "for not less than one year nor longer than twenty. years," and inserting in lien thereof the words " for the terms set forth in the several sections of the Code, or the law now of force prescribing the punishment of such offenses."
The substitute was further amended, on motion of Mr. Beeks, as follows: "If the judge trying the case sees proper be may, in his judgment, reduce the crime of such felony bl that of a misdemeanor."
The substitute, as amended, was adopted.
ThE! report, as amended, was agreed to.
The bill was read the third time, and passed as amended -ayes 29, nays 0.
By general consent, Mr. Tatum introduced a bill to authorize justices of the peace or notaries public to preside in other districts than those to which they are elected or appointed in certain cases, and for other purposes.
This bill was read the first time and referred to the General Judiciary Committee.
The Senate, on motion of Mr. Storey, took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of Albany, etc., and for other purposes.
The report was agreed to.
The bill was read the third time, and passed-ayes 26, nays 0.

180

JOURNAL OF THE SENATE.

On motion of Mr. Storey the bill was ordered to be immediately transmitted to the House.
On motion of Mr. Lewis, the joint resolution from the House, providing for a joint session of the General Assembly at 8 o'clock P. M., for rile purpose of hearing an address Qf the Hon. C. F. Crisp, was take up and concurred in.
By resolution of Mr. Roberts, the Hon. John Lindsay was invited to a seat in the Senate during his stay in the eity.
The following bills of the House were read the first time and.referred as ind,..icated, to wit:
A bill to abolish the county court of Houston county, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to incorporate. the public school of Cochran, Pulaski county.
Referred to the Committee on Education.

A bill to fix and define the liability of receivers, trustees, assignees, and other persons operating railroads in this State, or partially in this State, for injuries and damages to employeeR, etc., and for other purposes.
Referred to the General Judiciary Committee.

A bill to amend an act to prohibit the sale of alcoholic, spirituous, or malt liquors, or intoxicating bitters, or intoxi-cating drugs, etc., and for other purpo8es.
Referred to the Committee on Temperance.
A bill to amend the charter of the city of Dalton, etc., and for other purposes.
Referred to the Special Judiciary Committee.

WEDNESDAY, NovEMBER 13, 1895.

181

A bill to define the duties, liabilities, and obligatillns of receivers, trustees, assignees of corporations owning or operating property or franchises in this State, and for other purposes.
Referred to the General Judiciary Committee.

A bill to prohibit the levying or collecting, by any incorporated city, tow~1, or village in this State of any license or tax on any traveling salesmen in taking orders fi1r sale of goods, etc., where no actual delivery is made, etc.
Referred to the General Judiciary Committee.
A bill to amend the charter of the town of Guyton. Referred to Committee on Corporations.
A bill to provide for removal of all obstructions from the running streams of Forsyth county. _ Referred to the Special Judiciary Committee.
A. bill to make the. personal earnings of a married woman her separate property in certain cases.
Referred to the General Judiciary Committee.
A bill to provide for the deposit of money or securities by mutual life insurance companies of this State who seek to do business in other States.
Referred to the Committee on Finance.
And a hill to provide for removal of obstructions other than dams for operating machinery, from the streams of Elbert county, etc., and for other purposes.
Referred to the Committee on Corporations.
On motion of Mr. Whitley, the Senate took up the report of the Committee on the Penitentiary on the resolu-

182

JOURNAL OF THE SENATE.

tion of the Senate providing for a joint committee of two from the Senate and three from the House to investigate the convicts of this State.
The committee reported in favor of the same, with certain amendments, which were adopted, and the report was agreed to.
The resolution was read the third time and agreed to as amended, there being ayes 26, nays 0.
The Senate adjourned, on motion, until 8 o'clock P. M. this day.

8 O'cLOCK P. M.
The Senate met pursuant to adjournment, the President
pro tern. presiding.
On motion of Mr. Harris of the Twenty-second district, the roll-call was dispensed wi~h.
The President pro tem. announced that the hour had .arrived for meeting the House in joint session.
Whereupon, the Senate in a body, preceded by the Pre~i -dent pro tem. and the Secretary, repaired to the hall of Representatives, and being announced by the doorkeeper, were received by the House of Representatives standing.
The President pro tem. took the chair, called the General Assembly to order, and caused the Secretary to read the resolution under which the joint session was convened, viz.:
A resolution that the General Assembly would convene iu joint session to hear an address pf the Hon. C. F. Crisp on the political issues of the day.
Mr. Crisp appeared and was introduced to the General Assembly by the presiding- officer, and proceeded with his .address; at the close of which the joint session was dissolved.

\

THURSDAY, NovEMBER 14, 1895.

183

The Senate returned to the Senate Chamber, and being called to order, adjourned, on motion, unti.l10 o'clock A.M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Thursday, November 14, 1895, 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 :

Those present were Messrs.-

Beeks, Broughton, Bush, Bussey,. Boyd, Brand, Brown, Cumming, Harris of the 3d, Harris of the 12th, Harris of the 2'ld, Johnson,
Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McG>trrity, Norman, Osborne,

RlJbert~,
Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, \Vade, Whitlt-y, Williams, Mr. President.

Those absent were Messrs.-

Craigo, Harrison, :McClure,

Ryals, Upchu'rch,

Wilson, Wilcox.

Mr; Harris, of the .Twelfth di'3trict, chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.

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

184

JOURNAl, OF THE SENATE.

Mr. President:
The House has passed, by the requisite constitutional majority, the following House bill, to wit:
A bill to authorize the mayor and council of Waynesboro to issue bonds to the amount of $7,000 to pay off hoods heretofi1re issued by said city, and for other purposes nerein mentioned.
The House has also agreed to the following resolution, in which the concurrence of the Senate is asked, to wit:
A resolution inviting the Ron. Hoke Smith to address the General Assembly on the public issues of the day one evening next week, at his convenience.
The House has also concurred in the following resolution of the Senate :
A resolution appointing a joint committee of two from the Senate and three from the House to arrange a reception by the General Assembly of Governor D. H. Hastings of Pennsylvania.
By resolution of Mr. Harris of the Twelfth district, Mr. J. R. Ellis was invited to a seat in the Senate.
Mr. Little introduced a bill to re-establish the Georgia Agricultural Station in immediate connection with the State College of Agriculture and Mechanic Arts in Clarke county, which was read the first time, and referrro to the General Judiciary Committee.
Mr. Sharpe, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled and ready for the signatures of the President and Secretary of the Senate the following act and resolution.

THuRSDAY, NovEMBER 14, 1895.

185;

An act 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.
A resolution tendering thanks to the Atlanta bar for the portrait of the distinguished statesman, N. J. Hammond, and appointing a committee to receive the same and have it placed in position in the State capitol.

Mr. Whitley, chairman of the Committee on Engrossing,. submitted the following report:

Mr. Pre8ident:
The Committee on Engrossing have examined the fol-lowing engrossed resolutions, and find the same correct and ready to be transmitted to the Honse of Representatives, to wit:
A resolution appointing two from the Senate and three from the House to investigate the convicts of this State.
Also, a resolution requesting State School Commissioner Glenn to have printed his recent address and that of theChancellor of the University.
Respectfully submitted. T. R. WHITLEY; Chairman.

. Mr. Lewis, chairman Committee on Finance, submitted. the following report:

.Mr. President:
Your Committee on Finance have had under consideration the following bills; which they direct me to report back to the Senate, with the recommendation that they dopass, to wit :

186

JouRNAr, OF THE SENATE.

A bill to be entitled an act to releave and reimburse R. L. Swatts of Pike county for payment of forfeited bonds.

Also, a bill to amend the second section of an act entitled an act to fix the salary of the State librarian and as.sistant librarian.

Also, an act to authorize the Governor and Trca.surer to

issue bonds and negotiate the same for the purpose of pay-

ing off any amount of the public debt maturing July I,

1896, as amended.



They also recommend that the author of bill No. 130, amending section 2, paragraph 3 of the general tax act, be allowed to withdraw the same.
Respectfully submitted. E. B. LEWIS, Chairman.

Mr. Little, of the Thirty-first district, chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
The Committee on Privileges and Elections have had. under consideration a bill to be entitled an act to amend .section 1329 of the Code of 18~2, to be so changed, so as the contestant <;:1all give contestee notice ot his intention to -contest in ten days after the election, and contestee shall _give counter-notice to contestant in fifteen days after the .election, and they instruct me to report the same back, with the recommendation that the same do pass by substitute.
W. R. LITTLE, Chairman.

By general consent Mr. Sheppard introduced the following bill, which was read the first time and referred to the .Committee on Military Affairs, to wit:

THURSDAY, NOVEMBER 14, 1895.

187

A bill to amend, revise, and consolidate the military laws of this State, to declare what military laws are of force, to repeal conflicting laws, and for other purposes.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the city of Dalton, so as to make it the duty of the clerk of the council to collect all property taxes and license fees, and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with certain amendments, which were adopted, imd the report was agreed to.
The bill was read the third time and passed as amendedayes 27, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act entitled an act to amend section 4625(c) of the. Code of 1882, .and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes 23, nays 0.
On motion of Mr. Long, the bill of the Senate to provide for the appointment of an insurance commissioner, -etc., was taken from the table and recommitted to the Committee on Finance.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to define the rights .and privileges of foreign guardians and trustees, and for other purposes.
The bill was read the third time and passerl-ayes 30 .nays 0.

188

JOURNAL 01'' THE SENATE.

At the hour of 11 o'clock A. M. the Senate took up forconsideration the majority report and minority report of the General Judiciary Committee on the special order forthis hour, to wit:

A bill of the House to compel insurance companies tu pay the full amount of lose;; sustained npon property coverE-d by policies of insurance up to the amount expressed in the policies, notwithstanding any stipulations in such policies to the contrary.

The majority report favored, and the ri1inority report was in opposition to the passage of the bill.

On motion of Mr. Starr, the bill was amended by adding the following words at the close of the first section thereof:. . "Provided the loss does not exceed the amount expressed. in the policy."

Mr. Cumming proposed to amend the bill as amended by striking ont all after the word "void," in the sixth line of the first section, and inserting in lieu thereof the following,. to wit:

"Provided, that the provisions of this act shall not apply to cotton i-n bales, naval stores, household and kitchen fur~ niture, or stocks of goods, merchandise and other species of personal property, changing in specifics and quantity by the usual customs of trade."

The previous question was called and sustained, and thethe main question put.

On the question of adopting the proposed amendment of Mr. Cumming, the yeas and nays were required to be recorded.

Those voting in the affirmative were Messrs.

Cumming, Harris of the 3d,

Morton, Osborne,

Roberts, Wade.

THURSDAY, NOVEMBER 14, 1895.

189

Those voting in the negative were Messrs.

""Beeks, Broughton, Bush, "Bu88ey, Boyd, Brand, Brown, Harrill of the 12th,

Harris of the 22d, Johnson, Lewis, Long, Little, Lumpkin, Mercer, McGregor,

Monro, McGarrity, Storey, Sanford, Snead, Sharpe, Starr, Tatum.

Tho5e not voting were Messrs.-

.Craigo, Harrison, Keen, McMillan, :McClure,

Norman, Ryals, Sheppard, Upchurch, Wilson,

Wilcox. Whitley, Williams, Mr. President.

Yeas 6. Nays 24. Not voting 14.

So the proposed amendment was not adopted.

The question recurring on the report of the committee, .as amended, the same was ad!>pted.

The bill was read the third time and, on the question of its passage, Mr. Cumming demanded the yeas and nays, which were recorded.

Those voting in the affirmative were Messrs.-

.Beeks, Broughton, :Bush, Bussey, Boyd, :Brand, Brown, Harrill of the 12th, 1Harri11 of the 22d,

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

McGarrity, Roberts, Storey, 81lnford, Snead, Sharpe, Starr, Tatum, Whitley.

Those voting in the negative were Messrs.-

.Cumming, Harris of the 3d,

Morton, Osborne,

WadP. .

190

JOURNAL OF THE SENATE. '

Those not voting were Messrs.-

Crai~o,
Harrison, Keen, McClure,
Yeas 27.

Norman, Ryals, Sheppard, UIJChurcb,

Wilson,
Wilcox, Williams.
Mr. President.

Nays 5. Not voting 12.

So the bill was passed as amended.

Leave of absenc~ was grated to Mr. Starr for to-morrow.

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

Mr. PreBident:
The House has agreed to the following House resolution ,in whi~h the concurrence of the Senate is asked, to wit:
A resolution including the governors of Massachusetts and New Jersy in the invitation to the reception at the Governor's mansion.

The resolution mentioned in the foregoing message was taken up and concurred in.

On motion of Mr. Monro, 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 traveling salesmen, for selling goods, wares, merchandise, by sample, within their corporate limits, and fi)r other purposes, which was a special order fi.lr this day, was laid on the table.

Mr. McGarrity introduced a bill to amend an act approved September 18, 1885, acts of 1885, pages 121, so as to prevent the manufacture of such liquors as are mentioned in the sixth section of said act.
Referred to the Committee on Temperance.

THURSDAY, NovEMBER 14, 1895.

191

Leave of absence was granted Mr. Storey and to Mr. Tatum until Monday next.

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

By Mr. BusseyA resolution for the relief of J. D. Laing, etc. Referred to the Finance Committee.

By Mr. OsborneA bill to amend paragraph 1, section 2 or' article 7 of
the Constitution of the State of Georgia. Referred to the General Judiciary Committee.
Also, by Mr. OsborneA bill to propose an amendment to paragraph 4, section .
2, article 7 of the Constitution of this State, so as to permit cities and towns of this State to exempt from taxation manufactories to be established within their limits for a given time.
Referred to the General Judiciary Committee.

By Mr. Bush-
.A bill to provide for distribution of all money derived from the hire of convicts convicted of the offense of mayhem, whereby any person or family has been rendered helpless, either mentally or physica11y, and for other purposes.
Referred to the General Judiciary Committee.

192

JouRNAL OF THE SENATE.

l'By Mr. Sanford-
A bill to amend section 9 of an act approved February 25, 1876, to regulate the leasing of penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes.
Referred to the Committee on the Penitentiary.

By Mr. Whitley-
A bill to amend an act approved October 15, 1891, to authorize the judge of the superior court in any case of .se-duction or divorce, or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the .court of all or any portion of the audience, and for other ,'purposes.
Referred to the General Judiciary Committee.

On motion of Mr. Brand, the bill of the Senate to regulate the sale of domestic wines in the towns and cities of this State, etc., wa.s read the second time and passed to a .third reading.

The Senate, on motion, adjourned until 10 o'clock A. M. Jto-morrow.

FRIDAY, NovEMBER 15, 1895.

193

SENATE,CHAMBER, ATLANTA, GEORGIA. Friday, November 15, 1895, 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 Senator8 answered to their names :

Beeks, Broughton, B11811ey, Brand, Brown, Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison,

Johnson, Keen, Lewis, Long, J.ittle, Lumpkin, M<'Millan, Mercer, McGregor, Monro, Morton,

McGarrity, McClure, Norman, Roberts, !'heppard, Sanford, Sharpe, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Bush, Boyd, Osborne, Ryals,

Storey, Snead, Starr, Tatum,

Upchurch, Wilson, Wilcox.

Mr. Harris, of the Twelfth district, from the Committee on Journals, reported the Journal correct.
It was then read and confirmed by the Senate. The following message was received from the House, through Mr. Hardin, the Clerk thereof:

Jfr. P1esident: The House has adopted the following resolution, in
which the concurrence of the Senate is asked:

A resolution convening the General Assembly in joint session, at 10::~0 A. M., this the 15th instant, for the pur,pose of receiving their Excellencies, the Governors of Pennsylvania and Massachusetts, and their escorts.
VI.

1U4

,JoeRXAL OF THE SEXATE.

On motion of Mr. Sneed, the resolution mentioned Ill the foregoing message was taken up and concurred in.
Mr. whitley, Chairman of the Committee on Engrossing, submitted the following report:

Jh. Pre.sident:
The Committee on Engrossing have examined the following bills, and find them correct and properly engrossed, to wit:
A bill to be entitled an act to amend an al)t to amend >;ection 4625(c) of the Code of 1882, and for other purposes.
Also, a bill to be entitled an act to define the rights and privileges of foreign trustees and guardians in this State, and for other plllposes.
Respectfuliy submitted. T. R. WHITLEY, Chairman.
Mr. Harris, of the Third, chairman of the Special ,J 11diciary Committee, submitted the following report:

Jfr. PJ"l~siderd:

The Special .Judiciary Committee have had under con.,.;ideration the following bills, which they instruct me to report, with the recommendation that the same be recommitted to the Geneml Judiciary Committee:

A bill to be entitled an act to transfer the county of C'ampbell from the Coweta judicial circuit, to change the time of holding superior court in Campbell county, and f(n other purposes.

A bill to be entitled an act to abolish the county court.

of Houston county, and for other purpose:-;.

Respectfully submitted.

S. R. HARRIS, Chairman.

FRIDAY, NoVE:\lBER 15, 1895.

195

}[r. Sanford, Chairman of the Committef' on Penitentiary, submitted the following report:

1lf1. President:
The Committee on Penitentiary have bad under consideration the following bill, which they rf'COmmend do pass, to wit:

A bill to empower the principal physician of the penitentiary of this State to discharge subordinate physicians fot neglect of duty or incompetency, and for other purposes.
Respectfully submitted. B. W. SAX FORD, Chairman.

:\Ir. Harris, chairman of the General Judiciary Committee, submitted the following report:
JJ,.. President :
The General Judiciary CommitteP. have had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do pass, to wit:
House bill No. 3!J7, by Mr Meadow of Madison, which i,; a bill to he entitled au act to require judges of the superior courts of this State, upon the continuance of any ea,.;e in the superior courts, to enter upon their dockets opposite the case the date of the continuance thereof, etc.
They ha,e also had under consideration the following bills~ which they direct me to report to the Senate, with the recommendation that they do pass as amended, to wit:
Senate bill No. ]:39, by Senator Harris of the Twentysecond, which is a bill to be entitled. an act to define and. apply the law of abatement, etc.

196

JouRNAJ. oF THE SENATE.

Also, Senate bill Xo. 202, by Senator Whitley of the Thirty-sixth, which is a bill to be entitled an act to make prize-fighting or pugilism a felony, etc.
They have also had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it be read the second time and recommitted, and that one hundred copies of the bill, and the report that accompanied the same, be printed for the use of the Senate, to wit:
Senate bill No. 209, which is a bill hy Senator Boyd of the Thirty-second, to be entitled an act to approve, adopt, and make of torce the Code of laws prepared under the direction and by authority of the General Assembly, etc.
They have also bad under consideration the following bill, which they direct me to report to the Senate, with the recommendation that the author be allowed to withdraw same, to wit :
Senate bill No. 128, by Senator Sheppard of the Second, which is a bill to be entitled an act to repeal sections 2040 to 2049 inclusive, of the Code of 1882, known as the schedule act, etc.
Respectfully submitted. N. E. HARRIS, Chairman.

The joint committee appointed to visit the University of Georgia, during its commencement exercises, submitted the fi>llowing report which was read, and one hundred copies thereof were ordered to be printed for use of the Senate, to wit:
Air. Pre.~ident:
Your committee visited the Uni\ersity during its last commencement; attended daily the public exercises of said institution; were constantly thrown in closest eoi1tact with

FRIDAY, NovEMBER 15, 1895.

197

the faculty and students; and investigated, as far as possi-

ble, all such matters and things as we deemed of interest

to the public touching the Unhersity.

The public exercises of this, the State's College, were

in every respect highly creditable, both to the faculty and

to the students, evidencing the most careful and skillful

training; a high standard of scholarship, literary culture,

and progress in knowledge.

The moral character, the dignity, and gentlemanly beat-

ing of all the students are deserving of our highest com-

mendation, and as an honor to themselves, and a ttibute

to this time-honored institution, are well worthy in this

respect of public recognition.



The fund appropriated at the last session of this General

Assembly filr the repairing and refurnishing of halls of

the literary societies has been wisely expended fm the

purpose intended, and we are gratified to know that new

interest has been revived in these useful and important

hmnches of a tmi\ersity education.

From a careful examination made, we are satisfied that

there is urgent need for more class aud laboratory room ;

e>'pecially is this true in view of the increasPd and con-

stantly increasing attendance upon the University; and we

tespectfully invite the attention of the General Assembly

to these important facts.

::\leans should be pl'Ovided to enlarge and develop the

electrical department of the Unhersity, a branch of knowl-

edge which is now challenging and absorbing almost uni-

versal attention. Many young men, we are informed, are

leaving our State fi11 other institutions because of the

meager facilities furnished in our own for the study of this

most important branch of human knowledge.

In view of its importance to Olll' material development.

and of the recent legislation ou this subject, we would re-

Hl8

JOURXAL OF THE SENATE,

spectfully suggest the necessity of making provision to fi 11 the chair of geology, now vacant in the l' niversity.

Respectfully submitte(l.

WALTER C. BEEKH,
w. w. SHEPPARD,
\V. A. BROVUHTOX,
On part of Senate.

A. G. McCuRRY,
w. s. WEST,
,J. H. BOYD.
J. P. BRowx,
D. w. MEADOW,
,J. T. HoLBROOK,

HoPE PoLHILL,
w. P. PRICE.

On part of House.

Mr. Harris moved that one huudrerl and fifty copies of the bill of the Senate, and accompanying report, Le printed for the use of the Senate, and that the bill be read tht> second time and recommitted; the motion prevailed.

1'o the General Assembly of Georgia:
The ccmmittee appointed under the resolution of the la"t session of this General Assembly, approved December 1;j, 189-!, to car~fully examine the work of the commissioners appointed under an act to provide for the codification of the laws of Georgia (approved December 19, 1893), met in the capitol at Atlanta, Georgia, in company of said commi,.;sioners, on the 17th day of June, 1895, proceeded to di,-charge that duty, and make the fi,IIowing report as the result of their examination :
The first work of the committee was to see that the aet"' of the Legislature of public and general character were embodied in the work of the commissioners. This the com-



FRIDAY, XOYE:IIBER 15, 189.').
mittee did by commencing with the acts of 1882-!3, and calling attention to each act separately in 01dt!r to veri!) the fact that the commissioners had omit.ted nothing nece":<ary to be placed in theit wotk. By this ptoces,; the committee is authorized to say that all the acts of the General Assembly since the .Code of 1882 are embodied in the work of the commissioners. The committee is, by the same process, satisfied that the addenda in the Code of 1S82, except those sections repealed, are embodied in the present Code.
'Vhen the committee had completed this part of their investigation, they then compared the new legislation with the manuscript of the commissioners, and found this part of the work complete in e\ery particular; having copied the acts, and, as far as practicable, omitted all meaningless words and repetitions of sentences, and placed the same in pl'Opet Code language. This work has been accomplished by the commissioners to the. entire satisfaction of the committee.
All matter in the Code of 1882, and acts since that Code of a special or local nature, both of time and locality, have been omitted by the commissioners. By the adoption of this method much of the matter now embraced in the Code of 1882 is omitted, thus, to some extent, redueing the volume of matter to be printed.
So far as the committee has been able to observe, all the sections of the Code of 1882, and the acts since that Code that have become obsolete, superseded, or that are unconstitutional, have been omitted. The acts of doubtful constitutionality have been retained with references to the same.
The General Assembly is especially cited to the faot that the committee has direct~d the commissioners to eliminate the chapter in the Code of 1882 on the subject of" Court Contracts," embracing sections 2756 to 2772 (a) inclusiYe,

200

JOURNAL 01<' THE SENATE.

the committee being of the opinion that the sections mentioned are. both obsolete and unconstitutional ; in this opinion the committee are sustained by the unanimous vote of the commissioners.
The commissioners have placed in the Code, and in Code language, many decisions of the Supreme Court relating to the fundamental principles of law which have not heretofore appeared in the Code. These sections are properly numbered and placed in their appropriate places, with marginal notes referring to the decisions. These decisions were necessary to give symmetry and completeness to the statutes which they follow, and will be of incalculable benefit to the magistrate, lawyer, and student.
Referring to the act by which the present commissioners were appointed, they were authorized to codify and arrange in systematic and condensed form, all tbe laws now of force in Georgia, from whatever source derived, following the general plan and system of the Code of 1863, and subse(luent revised editions thereof. These directions the commissioners have followed, with the exception of the arrangement and grouping of the sections, which change the comiuissioners felt authorized to make under the act. The committee observed with pleasure that the commissioners have arranged the grouping of the sections of the Civil and Penal Code, so that each and every section will fall under its proper division. This orderly arrangement of the sections will simplify the work of investigation.
Under the act above referred to, the commissioners were required to preserve, as fiu as practicable, the numbering of the sections contained in the Code of 1882. This work was found by the commissioners to be wholly impmctieable, and the committee was unanimous in the opinion that this could not be done. The commissioners have retained the sections of the Code of 1882 intact, and have arranged the references and marginal notes so that

FRIDAY, NovEMBER 15, 1895.

201

the practitioner will be able to find any act that he may seek to investigate.
The committee is of the opinion that the commissioners have fully complied with the requirements 0f the law as to the marginal notes and references.
Referring again to the defined duties of the commissioners, they were required to make a full, complete, and ,;eparate index to the Civil and Penal codifications. The .eommittee iR unanimously of the opinion that this work <~ould not be done with completeness and accuracy from the manw;cript in the hands of the commissioners, and that it would be better for the interest of the State that this duty imposed upon the commissioners be postponed until the work shall go to the press; at which time when lthe printed matter comes from the press, the commissioners will be better able to index the work, and by this means the index can be arranged with perfect accuracy.
The Penal Code, text and annotations, is now complete ~md ready for action by the General Assembly. The text {If the Civil Code is also complete, out the annotations are incomplete, and that part. of the work is not ready for publication. The work of preparing the annotations proved to be far greater than the commissioners at first supposed, .and it was so vast that its completio~ by this time was next to impossible; but we are informed that this work will be .completed by the first of April, 1896.
The work of the commissioners in the present codification of the laws has been extremely laborious. The legislation of the past decade has been so voluminous and eonflicting, they have been fi>rced to cull through an immense mass of matter in order to determine what laws are ~f force, and what have been repealed or superseded by -other_ legislation. The commissioners having this work iu eharge have labored incessantly for more than eighteen months to bring out of chaos a perfect system of laws.

:W2

JOURNAL OF THE SENATE.

The committee feel it their duty to say that from the patient and tinceasing toil of these able and distinguished men, the Code of laws, civil and pena_l, has reached a higher point of perfection than ever yet attained. This statement is made without reference to or comparison with other Codes, but in justice to the progressive science of the Ia w. The commissioners are entitled to the highest praise for their unselfish and patriotic service to the State, and it i,-. much to be regretted that their compensation, from a financial standpoint, is not commensurate with the faithful seJvice performed.
This compilation of laws is not confined to statute8, but principles ot the common law, and constructions placPd by the courts upon statutes covering a hroad field of legal f'ciencc, making- the Code of Georgia a lawyer's library, and the citizen's protector within and of itself.
With the exceptions hereinbefi1re stated, the commis~;ioners have fully discharged their duties as far as the work of compiling and codifying the laws are concerned; yet the work is of such great 'moment to the State, and its correet publication of such importance, the committee is unanimous in the opinion that the services of the commissioner,. should be requested by the State, at a reasonable and just compensation, to supervise and superintend the publication of their work. In vie\v of the fact that the Civil Code i,.;. not ready fi1r publication, we recommend that the civil acts of the present session of the General Assembly be incorporated therein, and that this committee be continued, or some other committee be appointed, with authority tr} examine and approve the work after the new acts have been incorporated and the annotations compiled.
We further recommend the acceptance of the Penal Code and annotations thereto, and its immediate publication.
We also recommend that the text of the Civil Code be accepted, and that it be published as soon as the l'ls of the

FRIDAY, NoYEli~ER 15, 1895.

20:3

ptesent session of the Geneml Assembly are incorporated therein and the annotations completed and approved.
We recommend that the General Assembly pass the hi II herewith submitted by the committee, providing for the printing, binding, and distribution of the three (=3) several ,olumes therein specified.
M.G. BOYD,
TRAlll\l.ELL STARR,
"' w. SHEPPARD,
Committee on part of Senate.

H. A. JE~KINS, D. G. FoGARTY, R. T. ForcH.E, A. G. McCPRRY, J. H. PrnrAN, Committee on part of House of Representatives.
By resolution of .Mr. Mercer, the Hon ..John D. Pope, of
Dougherty county, was invited ro a seat in the Senate dm-
ing his stay in this city.

Leave of absence was granted Mr. Cumming for Monday next, and to Mr. Bush for a few days.

The Senate, on motion of Mr. Cr-aigo, took up the report of the Special Judiciary Committee on the bill of the House to repeal the act approved August 2:2, 1883, incorporating the town of Morganton in the county of Fannin, and all amendments thereto.

Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passedayes 26, nays 0.
At the hour designated for the joint session, the President and the Secretary precedP-d the Senate in a body to

20-!

JouRXAL oF THE SENATE.

tbe hall of Representatives, where they were received by the House of Representatives standing.
The President took the chair and called the General Assembly to order.
The Secretary then read the joint resolution under which the joint session was convened, viz.:
A resolution tendering a reception by the General Assembly to the Governor of Pennsyhania, Governor of Hhode Island, and their escorts.

The Governors and their escortswere recei,ed and introduced to members of the General Assembly.
After an hour spent in addresses by the visiting gov- emors and others, the joint session was,. on motion, dissolved.
The Senate returned to the Senate chamber, and being <~ailed to order by the Presitlent, resumed its regular business.

On motion of Mr. Beeks, it was ordered that when the Senate adjourns this day, it will adjourn until 10 o'clock A. }f. Monday next.

Leave of absence was granted Mr. Whitley for Monday and Tuesday next, to Mr. Sheppard until Thursday, and to Messrs. Lewis and Little for Monday next.

The Senate took up the report of the Committee on Temperance on the bill of the Senate to regulate the sale <If domestic wines in the towns and cities in this State, ete.
This bill was, on motion, made the special. order for \\"ednesday, ~ovember 20, and fifty copies were ordered to be printed for use of the Senate.

FRIDAY, NovEMBER 15, 1895.

205-

The following message was recei\ed from. the House through Mr. Hardin, the Clerk thP.reof:

Jb. Pres-ident:
The House has passed the following bills of the Honse hy the requisite constitutional majority.

A. bill to fix the time of electing the clerk and sheriff of the city court of Savannah, to terminate the term of those now i"n office, etc.

Also, a bill to repeal an act creating a county court in each county in the State of Georgia, exeept certain counties.

Also, a bill to create a hoard of education for the town of Lithonia.
Also, a bill to extend the jurisdiction for sanitary purposes ,ofJhe mayor and aldermen of Savannah.

Also, a bill to extend the jurisdiction of the police comt. of Savannah.
Also, a bill to organize a park and tree commission for the city of Savannah.

Also, a bill to organize a hoard of police commil'lsioners lor the city of Savannah.
Also, a bill to change the time of balding the spring term of Dawson superior court.
Also, a bill to authorize policemen of the city of Sav~m nah to make arrests two miles from the corporate limits of the city.
The Honse has also passed the following bills of the Denate by the rP.quisite constitutional majority:

206

JoeRXAL OF THE SEXATE.

A hill to amend the act of the General Assembly ot Georgia, approved October 22, 1887, by striking the word "fishing" from the first line aftet the title of said act.

The House has concurred in the following resolution of the Senate, to wit:
A resolution appointing a committee from the Senate and House to ascertain what companies are in arrears for convicts and report to the General Assembly, and has appointed as such committee on the part of the House: Messrs. Gray of Houston, Brown of Washington, Davidson of Greene.

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

M1. President:
The General .Judiciary Committee have had under conl'iideration the following bills, aud after carefully considering the same have directed me to report the same to the Senate, with the recommendation that they do pass, to wit:

House bill .Ko. 396, by Mr. Gray of Catoosa, which is a bill to be entitled an act to authorize county authorities in this State to contract with authorities of the United States for the erection of bridges, etc.
Also, House bill No. 422, by Mr. Lee of Walker, which iS a bill to be entitled an act to cede to the United. States jurisdiction of this State over certain land8, etc.
Also, Senate bi II No. 147, by Senator Roberts of the Twentieth, which is a bill to be entitled an act to provida that a master may not contract with a senant exempting himself, etc.



FRIDAY, NoxE)lBER 15, 1895.

207

They have also had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do pass as amended, to wit:
Senate hill No. 223, by Senator Osborne of the Fir:;t, which is a bill to be entitled an act to propose an amenclment to paragraph 4, section 2, article 7 of the Constitntiou Df this State, etc.

They have also had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it be returned to the House for correction, to wit:
H(Juse bill No. 400, by .Mr. Broyles of Fulton, which is a bill to be entitled an act to make the owners of dead animals bury the same, etc.
They ha\e also considered the following bill, which they direct me to report to the Senate, with the recommendation that it do not pass, to wit:
Senate bill No. 2<H, by Senator Johnson of the Thirtythird, which is a bill to be entitled an act to abolish the
city court or Jackson county, etc.
Respectfully submitted. X. E. HARRis, Chairman.

The request of the committee as to the return of the bill of the Honse specially mentioned therein fiH" correction was granted.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to reorganize the Chetokee and Rome judicial circuits, and for other purposes.
The report was agteed to. The bill was read the third time and passed-aye,.; :24, nays 0.

'

208

JOURNAL OF THE SENATE.

Mr. Mercer, by general consent, introduced a bill to prescribe in what manner counties in this State now undet operation of the "no fence" law can return to the operation of the "fence" law, and for other purposes.
This bill was read the first time and referred to the Special J udiP-iary Committee.
Mr. Beeks, chairman of the Committee on Education, submitted the following report:

)'fr. 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, by Mr. Brown of Pulaski, to incorporate the public school of Cochran, Pulaski county.
Also, a bill to authorize the town cf Hogansville, in the county of Troup, to organize a public school system, and fi>r other purposes.
Also, a bill to establish a system of public schools for the town of Abbeville, to provide a board of education, and tu authorize the mayor and council of said town to levy and collect a tax for the support and maintenance thereof.
Also, a Senate hill, by Senator Harris of the Twentysecond, to prescribe the time of opening the schools of Bibb county, and for other purposes.
Respectfully submitted. WALTER C. BEEKS, Chairman.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report :
1lfr. J>resident: The Committee on Corporations have had under con-

FRIDAY, NOVEMBER 15, 1895.

.209

11ideration the following House bills, which they direct me to report, with the recommendation that they be read the .second time and recommitted to the Committee on Corporations.

A bill to be entitled an act to provide for the removal Of obstructions of all kinds other than dams used for <>perating mills or machinery of any kind from the rivers, -creeks, and other running streams in Elbert county, and for other purposes.

A bill to be entitled an act to amend an act incorporating the town of Guyton, to define the qualification of voters therein, and for other purposes.

Respectfully submitted.

C. H. BRAND, Chairman.

The following bills of the Senate were read the second time and passed to a third reading, to wit:
A bill to define and apply the law of abatement in certain cases.

A bill to amend the charter of the Macon Savings Bank, tc., and for other purposes.

A bill to provide that the master may not contract with a servant exempting himself from liability to the servant for injuries sustained through his negligence, and for other purposes.

A bill to amend section 1329 of the Code, etc., and for <>ther purposes.
A bill to authorize the payment of checks, demands, drafts, and savings bank orders in case of the death of the drawer before payment, and for other purposes.
148

210

JOURNAL OF THE SENATE.

A bill to prescribe qualifications for judges of city and county courts hereafter to be appointed by the Governor.

A bill to authorize the Governor and Treasurer to issuebonds and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt maturing July 1, 1896, which is not provided for by the sinking fund that will be in the treasury at 8ncb time~ and fur other purposes.

A bill to prescribe the time for opening the schools of Bibb county, and for other purposes.

A bill to propose an amendment to paragraph 4, section 2, article 7 of the Constitution of this State, etc., and for other purposes.

A bill to make prize-fighting or pugilism a felony, etc.
A bill to empower the principal physician of the penitentiary to discharge subordinate physicians for neglect of duty.

A bill to amend the second section of an act to fix the salary of the State librarian and assistant librarian, approved October 29, 1889.

A bill of the Senate to reincorporate the town of Elberton, and for other purpoRes, was read the second time and recommitted.
The following me8~age was received from the House tbtougb Mr. Hardin, the Clerk thereof:
1'/r. President: The House bas pa88ed the following resolution, -in which
the concurrence of the Senate is asked:

FRIDAY, NovEMBER 15, 1895.

211

A resolution tendering the assurance of the General Assembly of Georgia of their high appreciation of the brotherly, non-sectional, and patriotic sentiments which were uttered to-day by their Excellencies, Governor Hastings of Pennsylvania, and Governor Lippett of Rhode Island.

The resolution specified m the foregoing message was taken up and concurred in.

By consent of the Senate, Mr. Sheppard withdrew the bill of the Senate to repeal .sections 2040 to 2049 inclusive.

The following bills of the House were read the second time and recommitted, to wit:
A bill to provide for the removal of obstructions in the streams of Elbert county.

A bill to amend an act incorporating the town of Guyton.
A bill to grant to the mayor and aldermen of Savannah a certain strip of land in Crawford ward for the purpo13e of straightening a street.

A bill to extend the corporate limits of the city of Waynesboro..

The following bills of the House were read the second time and passed to a third reading, to wit :
A bill to incorporate the public school of Cochran,. Pulaski county

Also, a bill to establish a system of public schools for the town of Abbeville, etc., and for other purposes.

212

JOURNAL OF THE SENATE.

Also, a hill to amend an act authorizing the town of Hogansville to organize a public school system, etc., and for other purposes.
Also, a bill to require judges of the superior court, upon the continuance of any case, to enter upon their dockets the dat.e of such continuance, and for other purposes

Also, a hill to relieve and reimburse R. L. Watts of the county of Pike, etc.,

Also, a hill to change the time of holding the fall term of the superior court for Irwin county.

Also, a bill to fix the payment of tales jurors, and for other purposes.

Also, a hill to amend section 1 of an act to provide compensation for election managers and clerks, etc, and for other purposes.

Also, a bill to authorize county authorities to contract with authorities of the United States for the erection of bridges in certain specified cases, and for other purposes.

Also, a bill to cede to the United States jurisdiction of this State over eertain lands, etc., and for other purposes.
Leave of absence was granted Mr. Harris of the Third
a district, and Mr. Wade, for few days.
A joint resolution from the House, inviting t)le Ron. Hoke Smith to address the General Assembly on some night of the next week, on the political issues of the day, was, on motion, taken up and concurred in.

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

FRIDAY, NovEMBER 15, 1895.

213

A bill to create and organize a park and tree commission for the city of Savannah, and for other purposes.
Referred to the Special Judiciary Committee.

Also, a bill to authorize the mayor and Cl)uncil of the city of Waynesboro to issue bonds to the amount of $7,000, etc., and for other purposes.
Referred to the Committee on Corporations.

Also, a bill to create and organize a board of police commissioners for the city of Savannah, and for other purposes.
Referred to the Special Judiciary Committee.
Also, a bill to extend the jurisdiction, for sanitary purposes, of the mayor and aldermen of the city of Savannah.
Referred to the Special Judiciary Committee.
Also, a bill to fix the time for electing the clerk and sheriff of the city court of Savan nab, to terminate the terms of those now in office, and for other purposes.
Referred to the special Judiciary Committee.
Also, a bill to authorize policemen of the city of Savannah to make arrests within two miles from the corporate limits of the city, in cases of riots, affrays, and disorderly conduct.
Referred to the Special Judiciary Committee.

Also, a bill to extend the jurisdiction of the police court of Savannah.
Referred to the Special Judiciary Committee.

Also, a bill to change the time of holding the sprmg term of Dawson superior.court.
Referred to the Special Judiciary Committee.

214

JOURNAL OF THE SENATE.

Also, a bill to create a board of education for the town of Lithonia, and for other purposes.
Referred to the Committee on Corporations.

Also, a bill to repeal an act to create a county court in each county of the State, except certain counties therein mentioned, approved January 19, 1872, and atl acts amendatory thereof, so far as the same apply to the county of Coffee.
Referred to the Special Judiciary Committee.

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

SENATE CHA~IBER, ATLANTA, GEORGIA.
Monday, November 18, 1895, 10 O'clock A. M.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.
On motion of Mr. Harris of the Twenty-second district, the roll-call was dispensed with.
Mr. Beeks, from the Committee on Journals, reported the Journal correct.
It was then read and approved by the Senate.
On motion of Mr. Tatum, the Senate reconsidered its action iu passing the bill of the Senate on Friday last, " to reorganize the Cherokee and Rome circuits, etc., and for other purposes."
Mr. Sanford, Chairman of the Penitentiary Committee, submitted the following report:

MoNDAY, NovEMBER 18, 1895.

215

Mr. President :
The Penitentiary Committee have had under considera"tion the following Senate bill, and direct me to report the .same, with a recommendation that the same be read the .second time and .recommitted to the committee:
A bill to be entitled an act to amend section 9 of an act .approved :february 25, 1876> to regulate the leasing out of . penitentiary convicts by the Governor, authorizing him to .make contracts in relation thereto, and for other purposes.
Respectfully submitted.
B. W. SANFORD, Chairman.

The bill specified in the foregoing report was read the :Second time and recommitted.
The following message was recei~ed 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 :
A bill to compel insurance companies to pay the full .amount of loss sustained upon property insured, notwith.standing any stipulations.
Also, a bill to amend the charter of the city of Dalton, making it the duty of the clerk of council to collect all :Property taxes and license fees due the said city.
The House h~s also passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to provide for the payment of insol vent costs of the clerk of the superior court of Macon county in certain cases.

216

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of Cohutta, iu thecounty of Whitfield.
Also, a bill to amend an act creating a system of public- schools in the city of Cartersville, Bartow county.
The House has also adopted the following resolution, in. which the concurrence of the Senate is asked, to wit :
A resolution to invite Bon. Hoke Smith to addreBS the General Assembly on the first Tuesday in December, 1895.

The following bill!: were introduced, read the first timer and referred as indicated, to wit :
By Mr. MonroA bill to place county and municipal chain-gangs under
the control and supervision of the Governor and penitentiary department, to provide for their regular inspectionr and for other purposes.
Referred to the Committee on the Penitentiary.

By Mr. Harris of the Twenty-second district-
A bill to establish a court of appeals, to define its jurisdiction and practice, and for other purposes.
Referred to the General Judiciary Committee.

By Mr. BroughtonA bill to amend section 4527 of the Code of 1882, etc. Referred to the Special Judiciary Committee.

.By Mr. Monro-
A bill to amend section 4310 of the Code, so as to authorize county authorities to hire misdemeanor convicts. to private persons, and for other purposes.
Referred to the General Judiciary Committee.

MoNDAY, NovEMBER 18, 1895.

217

By Mr. Beeks-
A bill to provide for three conductors to conduct the ~teachers' institutes in the State of Georgia, as now pro-
vided by law; to provide for their election and compensation, and to require and provide for, in connection with the institutes, a regular course of study for teachers, and for other purposes.
Referred to the Committee on Education.
By Mr. Harris of the Twenty-second district-
A bill to provide for the protection of the cemetery reserve in the city of Macon, to declare penal certain intrusions thereon, and for other purposes.
Referred to the Special Judiciary Committee.
The joint resolution from the House, inviting the Hon. Hoke Smith to address the General Assembly of this State~ on the first Tuesday in December next, on the political issues of the day, was, on motion, taken up and concurred in.
The following bills of the House were read the first time and referred as indicated, to wit:
A bill to amend an act creating a public school system for the city of Cartersville.
Referred to the Committee on Education.

Abill to incorporate the town of Cohutta, in 'Vhitfield county.
Referred to the Committee on Corporations.
Aiso, a bill to authorize payment of insolvent costs tothe clerk of the superior court of Macon county in certain cases.
Referred to the Speciai Judiciary Committee.

218

JOURNAL OF THE SENATE.

By resolution of Mr. Monro, the Hon. W. B. Short, of the county of Marion, was invited to a seat in the Senate {).nring his stay in this city.

Leave of absence was granted Mr. Brand for Monday ~md Tuesday, and to Mr. Bussey for Monday, this day.

Mr. Venable introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to wit:

A bill to amend an act approved December 18, 1893, amending section 1979 of the Code, which provides a lien in favor of mechanics of every sort and material men for work done or material furnished in building, repairing, or improving real estate, as against the true owner of such real estate, when the work done is upon the employment of a contractor, or some other person than the owner, etc., and for other purposes.

By virtue of a joint resolution, and on motion, the Senate adjourned until Wednesday next, at I 0 o'clock A.M.

SENATE CHAMBER, ATLANTA, GEORGIA.
Wednesday, November 20, 1895, 10 O'clock A.M.

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

Prayer was offered by the Hon. Mr. Brown of the Thirty-ninth district.

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

Beeks, Broughton, .Bussey,

Long, Little, Lumpkin,

Roberts, Storey, Sanford,

WEDNESDAY, NovEMBER 20, 1895.

219

Brand, Brown, Cumming, Craigo, Harris of the 12th, Harris of the 22d,
~arrison,
Johnson, Keen, Lewis,

McMillan, Mercer, McGrt>gor, Monro, Morton, McGarrity, McClure, Norman, Ryals,

Snead, Sharpe, Starr, Tatum, Wilson, Wilcox, Whitlt-y, Williams, Mr. President.

Those absent were Messrs.-

Bush, Boyd, Harris of the 3d,

Osborne, Sheppard,

Upchurch, Wade.

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

Mr. Sanford, chairman of the Committee on Penit.entiary, submitted the following report:

M1. President :
The Committee on Penitentiary have had under consid~n-ation the following Senate bill, which they recommend do pass as amended, to wit :
A bill to amend section nine (9) of an act approved February 25, 1876, to regulate the leasing out of penitentiary convicts by the Governor, and for other purposes.
Respectfully submitted. B. W. SANFORD, Chairman.

Mr. Sanford, chairman of the Committee on Penitentiary, submitted the following report:

Mr. President:
The Committee on Penitentiary have had under consideration the following Senate bill, and recommend that the same do pass as amended, to wit:

220

JOURNAL OF THE SENATE.

A bill to be entitled an act to place county and municipal chain-gangs, under the control and supervision of the Governor and penitentiary .department, to provide for their regular inspection, and for other purposes.
Respectfully submitted. B. W. SANFORD, Chairman.

The bill of the Senate "to regulate the sale of domestic wiDP.s in the towns and cities of this State, to provide for licensing the same, and for other purposes," was taken up as 'the special order for this morning, the report of the Committee on Temperance having been agreed to previously, said report being in favor of the pa.Ssage of the bill by substitute.
On motion of Mr. Starr, the action of the Senate in agreeing to the report of the committee was reconsidered.
Mr. Starr proposed to amend the report by adding at the end of the first section the words " nor be dJ:unk on the premises."
On motion of Mr. Brand, the proposed amendment of Mr. Starr was amended hy adding at the end thereof the words " whPre sold."
The amendment of Mr. Starr, as amended, was adopted.
The report of the committee, as amended, was agreed to.
The bill was read the third time and passed as amendedayes 29, nays 0.

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

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

WEDNESDAY, NovEMBER 20, 1895.

221

A bill to establish a system of public schools for the town of Guyton.
Also, a bill to create a board of commissioners of roads and revenues for the county of Webster.
Also, a bill to establish a new charter for the city of Covington.
Also, a bill to amend the charter of the city of Atlanta.
Also, a bill to amend an act to consolidate, amend, and codify the various acts incorporating the city of Forsyth in the county of Monroe.
Also, a bill to amend the charter of the town of Boston to change the qnalifieation of voters.
Also, a bill to abolish appeals from the police court of Savannah.

The House bas also adopted the following resolution, in which the concurrence of the Senate is asked, to wit:
A resolution to authorize the State Treasurer to pay John Faver for services, etc.
Also, a resolution inviting Hon. F. G. duBignon to address the General Assembly.

Mr. Sanford, chairman of the Special Joint Committee appointed under the resolution to ascertain what company or companies of penitentiary lessees are in arrears for the hire of State convicts, submitted the following report:

J'Ir. President :
The Joint Committee, appointed to ascertain and report what company or companies of the lessees of the State convicts are in arrears for the hire of ~aid convicts, beg leave respectfully to submit the following:

222

JOURNAL OF THE SENATE.

During the past year the Attorney-General has collected
on fl. fas. issued by the Comptroller-General,against the
penitentiary companies, the foiJowing amounts, to wit:
From Penitentiary Company No.2 _____ ._-.$ 9,515 86 From Penitentiary Company No.3 ________ . 3,563 83

The following sums are due fi1r convict hire
for the year endiilg March 31, 1894:
Balance due on fl. fa. against Penitentiary
Company No.1 __ -- ___ . -------- ___
Balance due on ft. fa. against Penitentiary Com-
pany No. !L ___ --------~------------

2,317 43 3,250 66

The following sums are due for convict hire
for the year ending March 31, 1895:
Balance due on fl. fa. against Penitentiary Com-
pany No. L ________ . ---- ____ .
Balance due on fl. fa. against Penitentiary Com-
pany No.2_ . ---- --------- --------.
Balance due on fl. fa. against Penitentiary Com-
pany No.3 __________________ -----

3,172 79 1,531 15 7,216 37

Total balance for both years _________ $17,488 40
The above named fl. fas. were issued by the Comptroller-
General as follows:
Against Penitentiary Company No. 1 and the sureties upon its bond, to wit: Joseph E. Brown, John T. Grant, W. C. Morrill, and Jacob W. Seaver.
Against Penitentiary Company No. 2 and the sureties upon its bond, to wit: B. G. Lockett, J. W. Locket.t, W. B. Lowe, and John B. Gordon.
Against Penitentiary Company No. 3 and its sureties, to wit: Thos. Alexander, W. W. Simpson, W. D. Grant, J. W. Murphey, and W. H. Howell.

WEDNESDAY, NOVEMBER 20, 1895.

223

The above stated fi.fas. were levied on the l8th day of October, 1895, as follows:
The fi. fa. against Penitentiary Company No. 1 and sureties, upon certain property located in the city of Atlanta belonging to the estate of Joseph E. Brown, deceased.
The fi. fa. against Penitentiary Company No.2 upon certain property located in the city of Atlanta belonging to W.B. Lowe.
The fi. fa. against Penitentiary Company No.3 upon" certain property in Atlanta belonging to W. D. Grant.
The property levied on being advertised for sale by the sheriff of Fulton county for the first Tuesday in Decembe1 next.
Respectfully s.ubmitted. B. W. SANFORD, Chairman

Mr. Harris, of the Twenty-second district, introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to wit:
A bill to make more specific the crime of barratry in this State, etc., and for other purposes.

On motion of Mr. Roberts, the joint resolution of the House inviting the Hon. F. G. duBignon to address the General Assembly on the political issues of the day, etc.7 was taken up and concurred in.

By rE-solution of Mr. McClure, the Hon T. H. Barnes, of Virginia, was invited to a seat in the Senate during his stay in this city.
On motion of Mr. Sanford, 300 copies of the report submitted by him this day, relating to the arrearages of lessees of the penitentiary convicts, were ordered to be printed for the use of the Senate and House.

224

JouRNAL OF TH~<: SENATE.

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 city of Atlanta. Referred to the Special Judiciary Committee.

A bill to establish a new charter for the city of Covington, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to amend the charter of the town of Boston, and for other purpot!es.
Referred to the Committee on Corporations.

A bill to abolish appeals fr?m the police court of Savannah.
Referred to the Special ,Judiciary Committee.

A bill to amend an act to consolidate, amend, and codify the various acts incorporating the city of Forsyth, and for <>ther purposes.
Referred to the Committee on Corporations.

A bill to establish a public school system for the town of Guyton.
Referred to the Committee on Education.

A bill to create a board of commissioners of roads and revenues in the county of Webster, and for other purposes.
Referred to the Special Judiciary Committee.

And a resolution to authorize the State Treasurer to pay John Faver for services.,
Referred to the Finance Committee.

WEDNESDAY, NOVEMBER 20, 1895.

225

The Senate took up the r~port of the General Judiciary Committee on the bill of the Senate to define and apply. the law of abatement in certain cases, and for other purposes.
The report was agreed to.
The bill was read the third time and passed'-yeas 29, nays 0.

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

.1.lir. 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. Snead, the bill of the Senate to make penal the selling or buying of seed cotton in the cou~ty of .Columbia, and for other purposes, was taken from the table.
The report thereon was taken up and amended, on mo-
of tion Mr. Snead, by striking out the "15th December"
and inserting in lieu thereof the " 1st of December."
The report, as amended, was agreed to.
The bill was read the third time and passed as amendedyeas 25, nays 0.
_The Senate toqk up the report of the Committee on Privileges and Elections on the bill of the Senate to amend section 1329 of the Code of 1882, to be changed so as the contestant shall give contestee notice of his intention to contest in teo days after the election, and contestee shall give counter notice to contestant in fifteen days after the election.
15s

226

JOURNAL OF THE SENATE.

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-yeas 27, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to provide that a master may not contract with a servant exempting himself from liabilities to the servant for injuries sustained through negligence, and for other purposes.
The committee repor~ed in favor of its passage, with amendments which were adopted, and the report was agreed to.
The bill was read the third time and, before the announcement of the vote. thereon, was, on motion of Mr. Roberts, laid on the table.
The Senate took up the report of the Committee on Education on the -bill of the Senate to prescribe the time for opening the fall session of the public schools of Bibb county, and for other purposes.
The rP.port was agreed to.
The bill was read the third time and passed-yeas 27, nays 0.
The Senate took up the report of the Committee on Ranks on the bill of the Senate to authorize the payment .uf checks, demand drafts, and savings bank orders in case of the death of drawee before payment, and for other purposes.
'The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.

WEDNESDAY, NovEMBER 20, 1895.

227

The bill of the Senate to prescribe qualifications for city and county courts hereafter to be appointed by the Govemor was put upon its passage under report of the General Judiciary Committee.
The report was amended, on motion of Mr. Mercer, by adding to section 1 of the bill the following: "Provided that nothing in this act shall apply to any judge now holding office in this State."
The report, as amended, was agreed to.
The bill, as amended, was read the third tirne, and on the question of its passage there were yeas 10, nays 14.
So the bill was lost.
On motion of Mr. Mercer, the bill of the Senate to amend the second section of an act to fix the salary of the State librarian and his assistant was laid on the table.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to make prize-fighting a felony, and prescribing a penalty therefor, and for other purposes.
The committee reported in favor of its passage, with amendments, which were adopterl, and the report was agreed to.
The bill was read the third time and passed as amended -yeas 28, nays 0.

The Senate took up the report of the Committee on the bill of the Senate to amend the charter of the Macon Savings Bank, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 30, nays 0.

228

JOURNAL OF THE SENATE.

The Senate took up the report of the Penitentiary Committee on the bill of the Senate to empower the principal physician of the penitentiary to discharge subordinate physicians for neglect of duty or incompetency, and for other purposes.
The report was agreed to.
The bill was. read the third time and passed-yeas 30, nays 0.

The report of the Finance Committee on the bill of the Senate to authorize the Governor and Treasurer to issue bonds, to negotiate the same, for tle purpose of raising money with which to pay off an amount of the public debt maturing July I, 1896, which is not provided for by the sinking fund that will be ln the treasury at such time, and for other purposes, was taken up, and the bill was, on motion, re~ommitte!'l to the General .Judiciary Committee.

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

M1. President :
The Finance Committee have had under consider:ation a bill to provide for the appointment of a commissioner of insurance, etc., for the State, whidi I am directed to return to the Senate, with the req.uest that it be read the second time and recommitted to the Finance Committee.

The bill of the Senate to provide for the appointment of an in~urance commissioner, etc., was read the second time and recommitted to the Finance Committee.

The Senate took up the report of the Committee on the Penitentiary on the bill of the Senate to amend section 9 of an act, approved February 25, 1876, to regulate the

WEDKESDAY, NovEMBER 20, 1895.

22g

leasing out of penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes.
The committee reportetl in favor of its passage, with an amendment, which was adopted, and the report was agrePd to.
The bill was read the third time and passed as amended -yeas 31, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to provide an amendment to paragraph 4, section 2, article 7 of the Constitution of the State, so as to permit cities and towns of this State to exempt from taxation manufactories to be established within their limits for a given time.

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

The bill was read the third timE', and, on the question of its passage as amended, the yeas and nays were recorded.

Those voting in the affirmathe were Messrs.-

Beeks, Broughton, Bussey, Boyd, Hrand, Brown, Cum1ning, Craigo, Harris of the ~ 2th, Harris of the 22d, Harrison, .Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, :\Iercer, ;\lcGregor, Monro, Morton, McGarrity, McClure, Norman, Osborne,

Ryals, Roberts, Storey, Sanford, Snead, Sharpe, Starr, Tatum, \Vilson, \Vilcox, Whitley.

230

.JouRNAL oF THE SENATE.

Those not voting were Messrs.-

Bush, Harris of the 3d, Sheppard,

Upchurch, Wade.

Williams, Mr. President.

Yeas 37. Nays 0. Not voting 7.

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

The Senate took up the report of the Genetal Judiciary Committee on the reconsidered bill of the Senate to reorganize the Cherokee and Rome judicial circuits, and for other purposes.

Mr. Tatum moved to amend the report of the committee by the following:
Provided, That this act shall not affect the office of solicitor-general of the Cherokee circuit during his term o! office, and .that be be still authorized to discharge the duties of said office in said county of Dade during said term.

This amendmont was adopted, and the report, as amended, was agreed to.
The bill was read the third time and passed as amended -ayes 27, nays 0.
Mr. Osborne, by general consent, introduced the following bill, which was read the first time and referred to the Special Judiciary Committee:
A bill t9 authorize and empower the commissioners of roads and revenues of Chatham county to acquire by purchase or condemnation any road in said county owned by any private person or corporation upon which tolls are charged.

THURSDAY, NovEMBER 21, 1895.

231

The Senate went into executive session, and having returned to open session adjourned, on motion, until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Thursday, November 21, 1895, 10 O'clock A. M:.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Rev. T. C. Hughes, representative from Union county.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

LewiE=, Long, Little, Lumpkin, 1\lcMillan, Mercer, McGregor, Monro, Morton, McGarrity, McClure, Norman, Osborne,
~yale,

Robert~:o,
Storey, Sanford, Snead,, Sharpe, Starr, Tatum, Upchurch, Wilson, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Harris of the 3d,

Sheppard,

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.

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

232

JOURNAL OF THE SENATE.

Mr. President:
The House of Representatives has passed, by the requisite constitutional majority, the following Senate bill, to wit:
A bill to authorize the city council of Augusta to increase its water supply by constructing water-works beyond the corporate limits of the city of Augusta, and for other purposes.
The House herewith returns House bill No. 400, which was recalled from the Senate for correction, to wit:
A bill to make the owners of dead animals bury the same.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report:

Mr. P1esident:
Your committee, having had under consideration a resolution to relieve J.D. Laing and his securities, recommend that the same do pass.
Respectfully submitted. E. B. LEWIS, Chairman.

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

]fr. Pre.<tident :
The General Judiciary Committee have had under consideration the following bill, which they have directed me to report to the Senate, with the recommendation that it be returned to the House for correction, to wit:
House bill No. 207, by Mr. Rawlings of Washington, which is a bill to be entitled an act to amend section 1291 of the Code of 1882, etc.

THURSDAY; NovEMBER 21, 1895.

233

They have also had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do not pass, to wit:
House bill No. 344;by Mr. Giles of Houston, which is a bill to be. entitled an act to abolish the county court of Houston county, etc.
Re!!pectully submitted. N. E. HARRIS, Chairman.

The bill of' the House, returned to that body for correction and reported back to the Senate as corre~ted, was re-committed to the General Judiciary Committee.
House bill No. 207, to amend section 1291 of the Code -of 1882, etc., was, on motion, in accordance with the report of the General Judiciary Committee, returned to the House for correction.
By resolution of Mr. Bush, the Hon. B. F. Jones, o.f Miller county, was invited to a seat in the Senate during his stay in this city.

Mr. Mercer, chairman p1o tern. of the Engrossing Committee, submitted the following report :

Mr. President:
Your committee have examined the following bills and iind them correct and properly engrossed, to wit :
A bill to be entitled an act to amend section 1329 of the .Code, in reference to proceedings in cases of contested elections.
A bill to be entitled an act to regulate the sale of domestic wines in the cities and towns of this State.
A bill to be entitled an act to make penal the selling or buying of seed-cotton in the county of Columbia

:234

JOURNAL OF THE SENATE.

A bill to be entitled an act to prescribe the time for opening the fall session of the public schools of Bibb county.

A bill to be entitled an act to make prize-fighting or

pugilism a felony.



A bill to be entitled an act to amend the charter of the

Macon Savings Bank.

A bill to be entitled an act to authori7.e the payment of checks, demand drafts, and savings bank orders in ca!'e of the death of drawer before payment.

A bill to be entitled an act to define and apply the law of abatement in certain cases.

A bill to be entitled an act to reanange the Cherokee and Rome circuits.
A bill to be entitled an act to amend paragraph 4, ~ee tion two (2), article seven (7) of the Constitution.

A billto be entitled an act to amend section nine (9) of an act approved February 25, 1876, to reg1late leasing out penitentiary convicts by the Governor.

A bill to he entitled an a<>t to empower the principal physician of the penitentiary to discharge subordinate physicians for neglect of duty, etc.
Respeetfully submitted. J. E. MERCER, Chairman pro tem.

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

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

THURSDAY, NO\'EMBER 21, 1895.

23.~

A bill to amend an act creating a system of public schools in the city of Cartersville, Bartow cou~ty, Georgia, and fot. other purposes.
Respectfully submitted. \VALTER C. BEEKS, Chairman.
On motion of Mr. Boyd, the bill of the House to amend au act "t.o protect game in this. State, and for other purposes," was taken from the table where it was placed at the last session, after having been passed and reconsidered by the Senate.
On further motion of Mr. Boyd, this bill was recommitted to the Special Judiciary Committee.
The Senate took up the report of the Committee on Education on the bill of the House to incorporate the public school of Cochran, Pulaski county.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed-ayes 28~ nays 0.
On motion of Mr. Roberts, the bill of the Senate to provide that a master may not contract with a servant exempting himself from liabilities to the servant for injuries sustained through negligence, and for other purposes, ":as taken up. This bill was put upon its passage yesterday. The report thereon was agreed to and the bill wa5 read the third time, and before the announcement of the vote was laid on the table.
Mr. Starr moved that the bill be recommitted to the General Judiciary Committee. This motion did not pre,ail.
Mr. Starr moved to reconsider the action of the Senate on yesterday on this bill for the purpose of offering. an. amendment. The motion to reconsider did not prevail.

236

JOURNAL OF THE SENATE.

The question recurred on the passage of the bill, which was read the third time on yesterday, and the yeas and nays, were on motion of Mr. Roberts, recorded.

Those voting in the affirmative were Messrs.-

Broughton, Bush, Bussey, Boyd, Brand, Brown, .Craigo, Harris of the 12th,

.Johnson, Keen, Lewis, McGregor, Monro, McGarrity, McClure, Osborne,

Ryals, Roberts, S.mford, Rnead, Sharpe, Tatum, Whitley . Williams.

Those voting in the negative were Messrs.-

BPeks, .Cumming, Harris of the 22d, Harrison,

Little, McMillan, Morton, Norman,

Starr, u,.church, Wilson, Wade.

Those not voting were Mes~rs.-

Harris of the 3d,

Mercer,

Wilcox,

Long,

Sheppard,

:II r. President.

Ltmpkin,

Storey,

Yeas 24. Nays 12. Not voting 8.

So the bill was passed by a constitutional majority.

Mr. Cumming, of the Eighteenth, acting chairman of the Special Judiciary, submitted the following report:

Mr. President:
The Special Judiciary Committee, which has bad under -consideration the following bills, direct me to report them to the Senate, with the recommendation that the same do pass, to wit:
House bill No. 481, by Mr. Willink of Chatham, to -create and organize a park and tree commis<;ion f(>r Savannah.
House bill No. 483, by Mr. Willink of Chatham, to create and organize a board of police commissioners for the -city of Savannah.

THURSDAY, NovBMBER 21, 1895.

237

House bill No. 482, by Mr. Willink of Chatham,. amending the city court act of Savannah.
House bill No. 499, by Mr. Screven of Chatham, extending the police jurisdiction of Savannah beyond the corporate limits of the city.
House bill No. 500, by Mr. Screven of Chatham, to extend the jurisdiction of the mayor and aldermen of the city of Savannah.
House bill No. 501, by Mr. Scre\'en of Chatham, toextend the jurisdiction of the police court of Savannah.
They also direct me to report House bill No. 406, by 1\Ir. Broyles of Fulton, to amend the charter of the city ot' Atlanta, with the recommendation that it be read a second time and recommitted to this committee.
They also direct me to report Senate bill No. 22R, by Mr. Merce.r of. the ninth district, providing a method of abolishing the "no fence law," with the recommendation t.hat the same do not pass.
Respectfully submitted. BRYAN CUMMING, Acting Chairman.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report:

-~fr. President:
Your committee have had under consideration the following joint resolution, and recommend that the same d<~ pass, to wit :
A joint resolution to pay Hon. Columbus Blair mileage and per diem.
Respectfully submitted. E. B. LEWIS, Chairman.

238

JouRNAL oF THE SENATE.

Mr. Osborne, chairman Committee on Railroads,, submitted the following report:

Jfr. President :
The Committee on Railroads have had under consideration the following Senate bill, which they report back to the Senate, with the recommendation that the author be allowed to withdraw same, to wit:
Senate bill No. 116-a bill to be entitled an act to require railroads, corporations, and all others controlling or operating any railroad in this State to provide spark arresters.
Respectfully submitted.
,V. W. OsBORNE, Chairman.

~1r. Brand, chairman of the Committee on Corporations, submitted the following report:

Mr. President :
The Committee on Corporations have had under consideration the following bill, which they direct me to report, with the recommendation that the same do pass, the proof.-; being correct, to wit:
A bill to be entitled an act to authorize the mayor and council of the city of Carrollton to hold an election on the que"!tion of issuing and selling bonds, not exceeding in the aggregate $20,000, for the purpose of providing a building, suitable houses, furniture, and apparatus for the public schools of said city of Carrollton, and for other purposes.
They also direct me to report the following bill, with a recommendation that the same do pass as amended, the proofs being correct, to wit :

THuRSDAY, NovEMBER 21, 1895.

239

A bill to be entitled an act to amend an act establishing :a new charter for the city of Carrollton, approved December 9, 1891, so as to limit the ad valorem tax on all real :and personal property, and for other purposes.

Also, a bill to be entitled an act to reincorporate the town of Elberton, and for other purposes.
The committee have also had under consid~ration the fi>llowing House bills, which they direct me to report, with the recommendation that the same be read the second time and recommitted to the committee:

A bill to be entitled an act to create a board of education for the town of Lithonia, and for other purposes.
Also, a bill to be entitled an act to authorize the mayor :and council of the city of Waynesboro to issue bonds to the amount of $7,000, and to provide for the payment of the principal and interest on the same by ~ocal taxation ; fin the purpose of taking up and paying off bonds heretofore issued by said city for the purpose of constructing and furnishing academies, and for other purposes.
~
Also: a bill to be entitled ah act to incorporate the town -of Cohutta; in Whitfield county, and for other purposes.
Respectfully submitted. C. H. BRAND, Chairman.

The resolution of the House to pay Hon. Columbus Blair mileage and per diem was read the second time and passed to a third reading.

The Senate took up the report of the Committee on Education on the bill of the House to establish a system of public scho~s for the town of Abbeville ; to provide a board. of education; to empower the mayor and council of said town to levy and collect a tax for the support and
.

240

JOURNAL OF THE SENATE.

maintenance thereof, and to authorize the county school commissioner of Wilcox county to pay over to said board of edncation such part of the St:1te school fund as may be the pro rata share of said town, and for other purposes.
Proof of legal notice was submitted.
The report was amended, on motion of Mr. Beeks, by transposing the 8th and 9th sections of the bill.
The report, as amended, was agreed to.
The bill was read the third time and passed, as arnendedayes 28, nays 0.
Mr. Long, chairman on the part of the Senate of the joint committee of the Senate and House appointed to investigate the condition of the Northeastern Railroad, submitted the following report:

Mr. Pres-ident:
The joint committee :ippointed to investigate the cortdition of the Northeastern Railroad report that they have made careful inquiry into the physical and financial condition of the road, and find the roadbed, bridges, rollingstock, etc., to be in good condition. Since the State took charge of it, up to August 31, 1895, the road has earnedr over and above all expenses, the sum of $25,502.96, or about $14,000 per year. The interests upon the bonds isstied by the State to retire the railroad bonds indorsed by the State amounts to $10,200 per year.
The committee rec~mmend that the Governor be authorized to sell the road in the event he can find a purchaser willing and able to pay a sum not less than the amount of the bonds issued by the State in order to obtain possession of the property. In the event no such purchaser is found, then the committee recommend that the Governor be authorized to offer the road for lease for a term of twenty

THURSDAY, NOVEMBER 21, 189.5.

241

years from the date of the issuance of the bonds negotiated f(>r obtaining possession of the road by the State. The minimum price at which said lease shall be made shall be the annual interest on the bonds so issued by the State. In the event no such rate or lease of the road can be made, thenthe Governor should be directed to operate the same for the State until otherwise directed by the Legislature.
In conclusion, the committee desire to congratulate the State upon the fact that it possesses in its Governor and
Treasurer financiers able to float 3! per cent. bonds of the
State in the midst of financial depression and panic, such as overspread the country at the timethe bondl!(issued to pay for this railroad were placed upon the market.
Your committee herewith submit a bill to carry out the recommendations contained in this report, which we request may be read and referred to the appropriate committee .
. Respectfully submitted. N. G. LoNG, N. E. HARRIS,
TRAMMELL STARR.

On motion of Mr. Long, two hundred copies of the foregoing report were ordered to be printed for the use of the Senate.

On his further motion, the report was adopted.
By general consent, Mr. Monro introducE-d the following bill, which was read the first time and referred to the Committee on Agriculture, to wit :
A bill to amend section 1978 of the Code of 1882, as amended by an act approved October 17, 1891, etc., and for other purposes.
lfis

242

. JOUR!S"AL OF THE SENATE.

On motion of Mr. Bussey, a resolution for the relief of .J. D. Lainy was read the second time, and passfld to a third reading.

The Senate took up the report of the Special ,Judiciary Committee on the bill of the Hous.e to amend section 1 of an act entitled an act to provide compensation for election managers and clerks at all general and special elections held in Washington 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-ayt!s 30, nays 0.

On motion of Mr. Sharp, the following bill of the House, which was taken up for a third teading, was temporarily laid aside, to wit:
To amend an act to authorize the town of Hogansville, in the county of Troup, to otganize a public school system of the State of Georgia; to provide for the maintenance and support of the same, and f(,r other purposes, approved December 12, 1893 ; so as to define more fully the duty of the school CHnmis,;ioner.,;; to regulate the time of theit election; to give them power to charge a matriculation fee; to build aud furnish school-houses, and fur other purposes.

The Senate took up the report of the Finance Committee on the bill of the House to relieve and reimburse R. L Swatts of Pike county for payment of forfeited bond.
Proof of legal notice was submitted.
The report was agreed to.

THURSD.A Y, NOVEMBER 21, 1895.

243

The bill was read the third time and passed-ayes 27, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize county authorities in this State to contract with authorities of the United States for the erection of bridges in certain specified cases, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes :25, nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House to be entitled an act to require judges of the superior courts of this State, upon the continuance of any case in the superior courts, to enter upon their dockets opposite suc'1 case the date of the continuance thereof; to make public announcement in open court of such continuance at the time of such continuance; . to provide for the making out of claims for costs by witnesses for their fees for such attendance, and for other purposes.
The report was amended as follows, on motion of Mr. Wade:
Amend after the words "judges of the superior courts" the words "judges of the city and county courts."
Amend the caption by adding the same words.
The report, as amended, was agreed to.
The bill was read the third time and passed as amended' --ayes 26, nays 0.
The Senate, on motion, adjourned until 10 o'clock A. 111. to-morrow.

244

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA.
Friday, November 22, 1895, 10 O'clock A. M.
The Senate met pur5uant to adjournment, the President in the chair.
Prayer was offered by the Rev. T. C. Hughes, Representative from Union county.

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

Reeks, Broughton, Bush, Bussey, Brand, Brown, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen, Lewis,

Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity, MeClure, Norman, Ryals, Roberts,

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, wilson,
Wade, Williams, Mr. President.

Those absent were Messrs.-

Royll, Cumming, Craigo,

Hanis of the 3d, Morton, Osborne,

Whitley, 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.

Mr. Mercer~ chairman pro tem. of the Committee on Engrossing, submitted the following report:

Mr. President :
The Engrossing Committee have examined the following bill, and find the same correctly and properly engrossed, to wit:

FRIDAY, NOVEMBER 22, 1895.
A bill to be entitled an act to provide that a master may not contract with a servant exempting himself from liability to the servant for injuries sustained through his negligence.
Respectfully submitted. J. E. MERCER, Chairman pro tem.

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

Mr. Preltident:
The Committee ou Corporations have had under consideration the following House hill, which they direct me to report, with recommendation that the same do pass, the proofs being correct :

A bill to be entitled an act to amend the charter of the

town of Boston, so as to change the qualification of voters;

the change to restrict the privilege of \oting to the resi-

dents of said town.

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. Harris, chairman of the General Judiciary Committee, submitted the following report :
Mr. P1esident :
The General Judiciary Committee have had under consideration the following bill, which they direct me to report to the Senate, with the recommendation that it do pass, to wit:
Senate hill No. 157, by Mr. Harris of the Twentysecond, which is a bill to be entitled an act to provide for service by publication, etc.
Respectfully submitted.. N. E. HARRI!;, Chairman.

246

JOURNAL OF THE SENATE.

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

Jfr. President:
The House has passed, by the requisite constitutional majority, the following House bills, to wit:
A bill to be entitled an act to repeal an act approved November 25, 1873, incorporating the village of Haynie, in Floyd county, and for other purposes.
Also, a bill to provide compensation for the county commissioners of Thomas county, and for other purposes.
Also, a bill to change the county site of Fannin ~ounty from Morganton to Blue Ridge, and for other purposes.
The House has also adopted the following resolution of the House, in which the concurrence of the Senate is asked, to wit:
A resolution to provide compensation for the commissioners of Thomas county.
The House has also passed, by the requisite constitutional majority, the following bill of the Senate, to wit:
A bill to amend an act establishing a new charter for the city of Madison, approved October 6, 1891. Also, House bill No. 207, which was returned to the House for correction, which is a bill to amend section 1291 of the Code of 1882.
The following message was received from his Excellency, the Go,ernor, through Mr. Callaway, his private Secretary:
JJfr. President: The Governor has approved the following resolution of
the General Assembly, to wit:

FRIDAY, NOVEMBER 22, 1895. .

247

A resolution tendering thanks to the Atlanta bar fi>r the portrait of the distinguished statesman, N. J. Hammond, and appointing a committee to receive the same and have it placed in position in the State capitol.

Leave of absence was granted Mr. Starr and to Mr. Harris of the Twelfth district.
Mr. Broughton, chairman of the Committee on Agriculture, submitted the fi)llowing report:
Mr. P1es-ident:
The Agricultural Committee have had under consideration a bill, by Mr. Monro of the Twenty-fourth district, to be entitled a'n act to amend section 1978 of the Code of 1882, as amended by an act approved October 17,1891, by adding the fi>llowing words at the end of the last word in the third paragraph of said section, to wit: "or when other legal process, not in favor of the landlord nor controlled by him, nor levied at his instance or procurement, i,; being enforced against said crops," and for other pmposel', and they direct me to report the same back to the .Senate, with the recommendation that it do pass.

Also, a bill, by }fr. Keen of the Sixteenth district, to he entitled an act to regulate the tolling of rice in this State, and fur other purposes, and they direct me to report the same back tu the Senate, with the recommendation that it be read the second time and recommitted.
Respectfully submitted. Wt.r. A. BROUGHTON, Chairman.

Mr. Mercer offered the li>llowing resolution, which wa~, on his motion, taken up. read, and agreed to, to wit:
A resolution appointing a committee to confer with the Department of Agriculture and investigate the needs of

248

JouRNAL Ol'' THE SENATE.

said department. The committee under this resolution consists of Messrs. Mercer, Broughton, and Beeks.

Mr. Mercer introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to wit:
A bill to make the charging of certain usury a felony, and for other purposes.

Mr. Starr introduced a bill to provide for the levy and
sale of property when the defendant in fi. fa. has an interest
or equity therein, but does not hold the legal title thereto, and for other purposes, which was read the first time and
referred to the General Judiciary Committee.

The bill of the Senate to regulate the tolling of rice in this State, and for other purposes, was read the second time and, recommitted to the Committee on Agriculture.

The following bills of the Senate were read the second time and passed to a third reading, to wit:
A bill to authorize the mayor and council of Carrollton to hold an election on the question of issuing and selling bonds, not exceeding $20,000, etc., and for other purposes.

A bill to provide for notice by publication, and for other purposes.

A bill to place county and municipal chain-gangs under the control and supervision of the Governor and Penitentiary Department, and for other purposes.

A bill to amend section 1998 of the Code of !882, as amended by the act approved October 17, 1891, and for other purposes.

FRIDAY, NOVEUBER 22, 1895.

249

The fillowing message was received from his Excellency, the Governor, through his private Secretary, Mr. Callaway:

Jir. President:

The Governor bas approved the following act of the-

General Assembly, to wit:



~\n act 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 following bills of the House were read the second time and recommitted, to wit:

A bill to create a beard of education for the town of Lithonia, etc., and fi>r ol her purposes.

Also, a bill to incorporate the town of Cohutta; and furother purposes.

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

A biil to fix the time for the election of clerk aud sheriff of the city court of Savannah, etc., and for other purposes.

Also, a bill to extend the jurisdiction, fi>r sanitary purposes, of the ~or and aldermen of the city of Savannah.

Also, a bill to extend the jurisdiction of the police court of Savannah.

Also, a bill to create and organize a board of police commissioners for the city of Savannah, and for other purpose~.

"250

JouRNAL oF THE SENATE.

Also, a bill to create and organize a park and tree commission lor t~e city of Savannah, and for other purposes.

Also, a bill to amend the charter of the town of Boston, :and for other purposes.
Also a bill to amend an act creating a system of public schools in the city of Cartersville, and for other purposes.
Also, a bill to authorize policemen of the city of Savannah to make arrests within two miles from the corporate limits of the city in cases of riots, affrays, and disorderly <!on duct.
Also, a bill to authorize the mayor and council of the city of Waynesboro to issae bonds to the amount of $7,000, -and for other purposes.
By resolution of Mr. McGregor, the Hon. R. L. McWhorter was extended the pri\ileges of a seat in the Senate during his stay in this city.
The Senate took up the report of the Committee on Corporations on the bill of the Senate toamend an act establisliing a new charter for the city of Carrollton, approved .September 9, 1891, etc., and for other purposes.
Proof of legal notice was submitted.
The committe reported in favor of its passage, with nn amendment, whir:h was adopted, and the report was agret>d to.
The bill was read the third time and passed as amended -yeas 26, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to reincorporate .the town of Elberton.
Proof of legal notice was submitted.

FRIDAY, NovEMBER 22, 1895.

251

The committee reported in favor of its passage, with amendments, whith were adopted, and the report was agreed to.
The bill was read the third time and passed as amended -yeas 28, nays 0.
The Senate took up the report of the Finance Committee On a joint resolution of the Senate for the relief of J. D. Laing, tax-collector of Terrell county, and his securities.
The report was agreed to.
The resolution was read the third time and agreed toyeas 30, nays 0.

:Mr. Long introduced a bill which was read the first time aud referred to the Finance Committee, to wit:

A bill to provide for the sale or lease of the Northeastern Railroad, to confer certain powers and duties upon t.he Governor with reference thereto, and for other purposes.

By resolution of Mr. McGarrity, the Hon. J. N. David-

son, of Indiana, was invited to a seat in the Senate during

his stay in this city.



:Mr. McGarrity offered the following bill, which was read the first time and referred to the Finance Committee, to wit:

A bill to levy and collect a tax on the amount of money paid in by any person or persons in this State for life insurance policies, for the support of the State government, and for other purposes.
The bill of the House to cede to the United States jurisdiction of the State over certain lands, etc., aod for other purposes, was taked up for a thitd reading and, on motion, laid on the tab.le.

252

JOURNAL OF THE SENATE.

On motion of Mr. Craigo, the bill ,)f the House to change the county site of Fannin county from Morganton to Blue Ridge, and for other purposes, was read the first time and referred to the Special Judiciary Committee.

The Senate took up the report of the General J udiciaty Committee on the bill of the House to change the time of holding the faH term of the Irwin superior court, and for o her purposes.

The report was agreed to.
The bill was read the third time and passed-yeas 27, nays 0.

The Senate took up the report of the General Judiciary Commit.tee on the bill of the House to fix the payment of of tales jurors, and for other purposes.
The report was agreed to.

The bill was read the third time and passed-yeas 30, nays 0.

The Senate took up the report of the Finance Committee on the resolution of the House to pay Hon. Columbus Blair mileage and per diem.
The report was agreed to.
The resolution was read the third time, and on the question of concurring therein, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

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

Harrison, Lewis, Long, Little, Lumpkin, McMiHan, Mercer,

:"'orman, Osborne, Ryals, Sheppard. Hanford, Sharpe, Wilson,

FRIDAY, NovEMBER 22, 189v..

253

Crai~v,
Harris ofthe 12th, Harris of the 22d,

1\Ionro, Morton, McClure,

Wa:dt>, Williams.

Those voting in the negative were Messrs.-

Brown, .Johnson,

Keen, McGregor,

McGarrity, Snead,

Those not voting were Messrs.-

Harris of the 3d, Roberts, Storey,

Starr. Tatum. Upchurch,

Wilcox, Whitley, Mr. President.

Ayes 29. Nays 6. Not votiug 9.

So the bill \Ws passed by a constitutional majority.

It was ordered, on motion of Mr. Morton, that whe~ the Senate adjourns this day, it will adjourn until 10 o'clock A.M. Monday next, and that, if necessary, it will remain in session this day until 2 o'clock P.M.

Mr. Bush, chairman p1o tem. of the Committee on 8pecial Judiciary, submitted the following report:

Jfr. Preside11t:
The Committee on Special Judiciary have bad under consideration the following bill of the Senate, which they report back to the Senate, with the recommendation that same do pass, to wit:

Senate bill No. 2:l7, a bill to be entitled an act to authorize and empower the commissioners of roads and revenues of Chatham county to acquire by purchase or condemnation any road in said county owned by any private person or corporation upon which tolls are charged.
Also, the following hill of the House, which the committee reportback'to the Senate, with the recommendation that same do pass, to wit :

254

JOURNAL OF TH~ SENATE.

House bill No. 427, a. bill to be entitled an act to abolish appeals from the police court of Savannah.
Respectfully submitted. C. C. BusH, Chairman pro tern.

Mr. Lumpkin ~ubmitted the following report:

Jfr. President:

The Committee on Public Schools have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that it do pass by substitute :

Senate bill No. 151, by Senator Sharpe of the Thirty-

seventh district, to be entitled an act to arnend an act to

establish a system of public schools for the city of Carroll-

ton, etc.

W. H. LuMPKIN, Chairman.

Mr. Boyd offered a resolution inviting Hon. S. D. Bradwell to addresq the General Assembly November 29, 1895_. at 10 o'clock A.M., which was agreed to.
The Senate took up the report of the Committee on Public Schools on the bill of the Senate to amend an act to establish a system of public schools for the city of Carrollton, etc., and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage by substitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended by substitute-yeas 24, nays 0.
The bill of the House to abolish appeals from the police court of Savannah was read the second time and passed to a third reading.

FRIDAY, NovE:&IBER 22, 1895.

255-

The bill of the Senate to authorize the commissioners of roads and rev.enues of the county of Uhatham to acquire by purchase or condemnation any road in said county owned by any private person or corporation upon which tolls arecharged was read the second time and passed to a third reading.

Mr. Harris, of the Twenty-second district, offered a resolution to amend the rules of the Senate, which was read and laid over for a day.

The Senate toQk up the report of the General Judiciary Committee, \Vhich was adverse to the bill of the House toabolish the county court of Houston county.
The adverse report was agreed to, and the bill was therefore lost.

O.o. motion of Mr:..Johnson, thf bill of the Senate to abolish the city court of Jackson county, adversely reported by the General Judiciary-Committee, was recommitted to the Special Judiciary Committee.

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

A bill to amend section 1291 of the Code of 1882. Referred to the Committee on Corporations.
A bill to repeal an act approved November 25, 1893~ incorporating the village of Haynie in Floyd county, Georgia.
Referred to the General Judiciary Committee.
A bill to amend an act creating a board of commissione~ for Thomas county.
Referred to the Committee on Corporations.

256

JouRNAL OF THE SENATE.

And a resolution of the House for the reliefof the North Highlands Railroad Company.
Referred to the Finance Committee.

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

By Mr. Cumming-
A bill to amend section 708 of the Code, and for other purposes.
Referred to the Committee on .Railroads.

By Mr. Boyd-
A bill to change the time of holding the superio1 eourts of the Northeastern judicial circuit, and for other purposes.
Referred to the Special Judiciary Committee.

By Mr. Bussey-
A bill to amend section 1 of an act entitled an act establishing a school for colored students, approved November 26, 1890.
. Referre<\. to the Committee on Corporations.
Also, by Mr. Bussey-
A bill to authorize the State School Commissioner to grant license to graduates of the Georgia State Industrial College for colored youth to teach the common schools among the colored people of this State, and for other purposes.
Referred to the Committee on Education.
The Senate having disposed of all business on the desk of the Secretary, adjl;)urned, on motion, until 10 o'clock A. M. Monday next:

MoNDAY, NovEMBER 25, 1895.

257

SENATE CHAl\IBER, ATLANTA, GEORGIA.
Monday, November 25, 1895, 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, Harris of the 22d, Harrison. .Joh~son,

Keen, Long, Little, Lumpkin, Mercer, McGregor, Monro, McClure, Norman, Osborne, Ryals,

Sheppard, Storey, Sanford, Snead, Tatum, wilson, Wilcox, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Craigo, Harris of the 3d, Harris of the 12th, Lewis,

McMillan, Morton, McGarrity, Roberts,

Sharpe, Starr, Upchurch.

Mr. Bussey, from the Committee on Journals, reported

the Journal correct. It was then read and confirmed by

the Senate.

Mr. Wilcox introduced a bill to create a board of commissioners of roads and revenues for the county of Irwin, :and for other purposes, which wa.'l read the first time and referred to the Special Judiciary Committee.

The Senate took up the report of the General Judiciary Qommittee on the bill of the Senate to provide for service by publication, and for other purposes.
The report was agreed to. The bill was read the third time and passed-ayes 26, .nays 0.
17s

258

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to authorize the mayor and council of Carrollton to hold an election on the question of issuing and selling bonds.
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 following message was received from the House of Representatives through M. A. Hardin, Clerk thereof:

Mr. President:
The Honse has passed, by the rPquisite constitutional majority, the following bills of the Senate, to wit:
A bill to amend an act incorpomting the town of Cartersville, Bartow county, Georgia.

Also, the following bill of the House, to wit:
A bill to authorize the mayor and aldermen of Savannah
to condemn property for widening and extending streets.

By resolution, the Hon. J. E. Strother, of the county of Lincoln, was invited to a seat in the Senate during his stay in this city.

The bill o( the Senate to place county and municipal chain-gangs under control of the Governor and penitentiary department was, OR motion of Mr. Monro, made the
special order for Wednesday next, and fifty copies thereof were ordered to be printed for the use of the Senate.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to authorize and em-

MoNDAY, NovEMBER 25, 18~5.

259

power the commissioners of roads and revenues of Chatham county to acquire any road in said county owned by private persons.
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 following resolution, amending the rules of the Senate, was taken up and agreed to, to wit:
Re8olved, That the rules of the Senate be amended as follows: Whenever a member moves to take a bill or resolution from the table, 1r out of the order on the calendar, for any action by the Senate thereon, he shall indicate the nm~ber of the bill or resolution, whether the same be a House or Senate bill or resolution, and t~e Secretary shall read the title of the same before the motion shall be entertained by the chair.
The Senate took up the report of the Contmittee on Agriculture on the bill of the Senate to amend section 1978 of the Code of 1882 by adding the following words at the end of the last word in the third paragraph of said section, to wit : or when other legal process not in favor of the landlord, nor controlled by him, nor levied at his instance or procurement, is being enforced against said crops.
The report was agreed to. The bill was read the third time and pa~sed-ayes 29, nays 0.
Mr. Mercer, chairman protem. of the Engrossing Committee, submitted the following report :
Mr. Pre8ident:
The Committeee on Engrossing have inspected the fol-

260

.JouR:s-AL OF THE SENATE.

lowing bills, and report them properly engrossed and ready to be transmitted to the House :
A bill to be entitled an act to amend au act establishing a new charter for the city of Carrollton, and for other purposes.
Also, a bill to be entitled an act to amend an act to establish a system of public schools for the city of Carrollton, and for other purposes.
Also, a bill to be entitled an act to reincorporate the town of Elberton, and for other purposes.
A resolution for the relief of J.D. Laing, tax-collector of Terrell county, and his securities.
Also, a resolution inviting Hon. S. D. Bradwell to address the Gener!ll Assembly November 29, 1895, at 11 o'clock.
Respectfully submitted. J. E. MERCER, Chairman pro tern.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter {)f the town of Boston, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill wa~ read the third time and passed-yeas 27, nays 0.
The Senate took up the report of the Special Judiciary Committee, on the bill of the House, to abolish appeals from the police court of Savannah.
Proof of legal notice was submitted.
The report was agreed to.

MONDAY, NOVEMBER 25, 1895.

261

The bill was read the third time and passed-yeas 25, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to create and organize a park and tree commission for the city of Savannah, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was readr the third time and passed-yeas 25, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to fix the time for electing the clerk and sheriff of the city court of Savannah, to terminate the terms of those now in office, to prescribe the terms of those to be elected under this act, to fix the _date at which said terms shall begin, to provide for the filling of vacancies.
Proof of legal notice was submitted.
The report was agreed to.
. The bill was read the third time and passed-ayes 28, nays 0.
The Senate took up the report ef the Special Judiciary Committee on the bill of the House to create and organize a board of police commissioners, etc., for the city of Savannah, and for other purposes.
Proof of legal notice was submitted.
The report, which was favorable to the passage of the bill, was amended, as follows on motion of Mr. Osborne:

262

JOURNAL OF THE SENATE.

1. Amend by striking out the word "fireman," in the twenty-second line of the ninth page, and inserting in lieu thereof the word "policeman."
2. Amend by striking out the words "fire chief'' in the seventh line of the tenth page, and inserting in lieu thereof, the words "chief 0f police."
The report, as amended, was agreed to.
The bill was read the third time and passed as amended -yeas 26, nays 0.

Mr. Sheppard made the following report, which was read:

Mr. President:
The joint committee of the Senate and Hou&e of Representatives, appointed under a joint resolution to visit the State Normal SP-hool at Athens, Ga., beg leave to submit the following report:
In pursuance of said resolution your committee visited the State Normal School and made as thorough an examination of that institution as it was possible to do under the the circumstances.
The committee first examined the workings of the school in its regular routine work. The committee was not able to make as complete an investigation in this particular as they had wished, owing to the very limited time at their disposal. But we were greatly gratified with the workings and management of the institution.
Your committee examined the buildings and found them crowded beyond the convenience and comfort of the students in attendance. We find that the demand for admission has been so great that from two to eight persons have had to be crowded into a room, thereby rendering it to the great disadvantage of the students. We also find that the

MoNDAY, NovEMBER 25, 1895.

263

authorities have had to rent .extra houses, which are not .convenient or comfortable, or suitable for their accommodation.
Your committee further find that under the excellent management of the in~titution, good, healthy, and abundant food is furnished, and that board, including food, lodging, lights, heating, and laundry, has been reduced to a minimum of $7.00 per month.
Your committee was greatly gratified to find that such progress had been made since the regular organization of the school, seven months ago, there being enrolled 178 st~dents, representing 63 counties, and that a great number have been refused admission for the lack of dormitory room -a record of which this legislature and the State at large should be proud-clearly demonstrating the great necessity for a well regulated, thoroughly equipped institution of its kind, and the great possibilities to which it will certainly attain when properly cared for and maintained by the State.
We congratulate the State on the wisdom of its organization ; and the board of trustees in securing the services of the worthy president and his efficient corps of teachers, under whose skillful management the school has attained so high a degree of success and proficiency.
This institution being the great center and medium through which the public funds appropriated to the public schools is to be disbursed to the children of the State, and realizing that the greatest good to the children of the State can be accomplished by haYing efficient and well qualified teachers, and realizing further that this institution is the best means of procuring well-trained, and well-equipped Georgia teachers; we, therefore, recommend that an appropriation be made, sufficient to afford greater and additional -dormitory room, suitable for the accommodation and comfort of those who may attend that institution for the pur-

264

JouRNAL oF THE SENATE.

pose of availing themselves of the great advantages there offered.

All of which is most respectfully submitted.
W. w. SHEPPARD, Chairman.
B. w. SANFoRD,
M.G. BoYD, J. E. MERCER, E. B. LEWIS,
On part of Senate.

H. A. JENKINs, Chairman.
w. s. WEST,

J AS. W. ARMSTRONG,



D. G. FoGARTY,

J. R. HoGAN, per Sheppard,

A. E. BIRD,

On part of House.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to extend 'the jurisdiction for sanitary purposes of the mayor and aldermen of the city of Savannah.
Proof of legal notice was submitted.
The report was agreed to.
The bill vas read the third time and passed-ayes 26, nays 0.
The Senate took up the report of the Special .Tudiciary Committee on the bill of the House to extend the jurisdiction of the police court of Savannah.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes 24,.. nays 0.

MoNDAY, NovEMBER 25, 1895.
The Senate took up the report of the Committee on Corporations on the bill of the House to grant to themayor and aldermen of the city of Savannah a strip or land in Crawford ward, and for other purposes.
Proof of legal notice wp.s 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 Education on the bill of the House to amend an act creating a system of public schools for the city of Cartersville, and for ot.her 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 Special Judiciary Committee on th'e bill of the House to authorize policemen of the city of Savannah to make .arrests within two miles of the corporate limits of the city in cases of riots, affrays, and disorderly conduct.
Proof of legal not.ice was submitted. The report was agreed to. The bill was read the third time and passed-ayes 24,. nays 0.
Mr. Brand, chairman of Committee on Corporations, submitted the following report :
J-ir. Preside11t: The Committee on Corporations have had under consid-

266

JOURNAL OF THE SENATE.

eration the following House bill, which they direct me to report to the Senate, with recommendation that the same do pass.
A bill to be entitled an act to grant to the mayor and aldermen of Savannah a strip qf land in Crawford ward for the purpose of straightening a street.

They have also had under consideration the following bill, which they direct me to report, with recommendation that the same lie on the table, the proof being incorrect :

A bill to be entitled an act to extend the corporate limits

of the city of Waynesboro.
.Respectfully submitted.

C. H. BRAND, Chairman. .

By resolution of_l\lr. Williams, the Hon. A. P. Persons was invited to a seat in the Senate during his stay in the .Senate.

Mr. Beeks introduced the following resolution, which was taken up, read, and agreed to, to wit:
Resolved, That the Assistant Secretary of the Senate be,
and pe is hereby, authorized and empowered, during the
absence of the Secretary of the Senate, to sign all bills and resolutions as Secretary pro tern. in the same manner as could the Secretary of the Senate were he present.

The bill of' the House to cede to the United States jurisdiction over certain lands, etc., in this State was, on motion of Mr. Tatum, taken from the table, and on motion of Mr. Harris of the Twenty-second district, was recommitted to the General Judiciary Committee.

The bill of the House to extend the corporate limits of the city of Waynesboro was, on motion, laid on the table.

MoNDAY, NovEMBER 25, 1895.

267

The bill of the House to provide tor the registration of all voters in Washington county, which was taken up under adverse report, was, on motion, laid on the table.

By general consent, Mr. Tatum offered a bill to prohibit any non-resident person, or persons, from camp-hunting in the county of Dade, and for other purposes, which was read the first time and referred to the Committee on Agrieulture.
The bill of the House to authorize the mayor and aldermen of the city of Savannah to condemn property for the purpose of widening, extending, or straightening any street, etc., was read the first time, and referred to the Committee on Corporations.
The bill of the Senate to prescribe in what manner no fence counties may return to the operation of the fence law was taken up under adverse report of the Special J udj.dary Committee, and lost by agreement with said report.

The following bills of the Senate were, by permission, withdrawn, to wit:
A bill to require railroad companies, etc., in this State to provide spark arr<'sters.
Also, a bill to amend the general tax act of 1892; section 2, paragraph 3.
Also, a bill to repeal section 4 of an act to regulate the business of insurance in this State.
The following bills of the Honse were taken up under adverse reports and lost by agreement with said reports, to wit:
A bill to amend an act to carry into effect paragraph 18 of section 7 of the Constitution of 1877.

268

JouRNAL oF THE SENATE.

Also, a bill to amend an act incorporating the Coweta Bank, approved October 24, 1887.

Also, a bill for the better collection of tax executions m this State.
Also, a bill to authorize the town council of Abbeville to issue bonds, etc.

Also, a bill investing Latta M. Awtry with rights of an

adult.

.

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

SENATE CHAMBER, ATLANTA, GEORGIA.
Tuesday, November 26, 1895, 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,
Buss~y,
Boyd, Brand, Brown, Cumming, Craigo, Harris of the 12th, Harris oi the 22u, Harrison, Johnson, Keen,

Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, )lorton, McGarrity, McClure, Norman, Osborne, Ryals, Roberts,

Those absent were Messrs.-

Harris of the 3d,

Lewis:

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams, Mr. President.

TuESDAY:, NovEMBER 26, 1895.

269

Mr. Monro, from the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.
Senator Brand, chairman of the Committee on Corporations, submitted the following report:
M1. President :
The Committee on Corporations have had under consideration the following bill, which they direct me to report to the Senate, with the . recommendation that it do pass, to wit:
House bill No. 359, by Mr. Worley .of Elbert, which is a bill to be entitled an act to provide for the removal of obstructions of all kinds other than dams, etc., from the rivers, creeks, etc., in Elbert county, etc.
They have also considered the following bills, which t4ey direct me to report to the Senate, with the recommendation that they do pass, proofs correct, to wit :

House bill No. 347, by Mr. Willingham of Monroe, to be entitled au act to amend an act entit.led an act to consolidate, amend, and codify the various acts incorporating the dty of Forsyth, etc.
Also, House bill No. 395, by Mr. Bird of Effingham, to be entitled an act to amend an act incorporating the town <>f Guyton, etc.
Also, House bill No. -198, by Mr. Neely of Burke, to be entitled an act to authorize the mayor and council of the city of Waynesboro to issue bonds, etc.
Also, House bill No. 517, by Mr. Longley of Whitfield, to be entitled an act to incorporate the town o( Cohutta, in the county of Whitfield, etc.

270

JOURNAL OF THE SENATE.

Also, Honse bill No. 588, by Mr. Mallette of Thomas, to be entitled an act to provide compensation to the commissioners of Thomas county, etc.
They have also considered the following bill, which they direct me to report to the Senate, with the recommendation that it do pass by substitute, to wit:
Senate bill No. 245, by Senator Bussey of the Eleventh~ to be entitled an act to amend section 1 of an act establishing a school for colored students, etc.

They have also considered the following bill, which they
direct me to report to the Senate, with the recommendation that it b~ read the second time and recommitted, to wit:

House bill No. 363, by Mr. Reece of Floyd, to be enti-

tled an act to repeal an act approved November 25, 1893,

incorporating the village of Haynie, in Floyd county, etc-'

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. Beeks, chairman of the Committee on Education, submitted the following report :
Mr. President:
Your Committee on Education have had under consideration the following House bill, which they instruct me to report back, with)he recommendation that the same do pass, to wit :
A bill to establish a system of public schools for the town of Guyton in Effingham county, Ga., and for other purposes.
Also, a Senate bill to require the boards 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

TuESDAY, NovEMBER ~6, 1895.

271

age attending said school, regardless of the grade of the teachers' license, which they recommend do not pass.
Respectfully submitted. WALTER C. BEEKS, Chairman.

On motion of Mr. McClure, Messrs. Harrison and Craig were added to the Committee on the Deaf and Dumb.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
~1fr. President : The House has passed the following House bill by the
requisite constitutional majority, to wit : A bill to repeal so much of the act creating a board of
commissioners for DeKalb county as limits the compensation of the clerk thereof.
Also, a bill to limit the jurisdiction of the city court in civil cases in DeKalb county.
Also, a bill to prohibit hunting with dogs and guns and fishing on the lands of others in Appling county.
Also, a bill to repeal an act for the protection of fish in Berrien county.
Also, a bill to amend an act incorporating the Monroe Banking, Loan and Guarantee Company.

Also, a bill to amend an act to provide for compensation for the board of commissioners of roads and revenues of Catoosa county.
Also, a.bill to incorporate the town of Young Harris in Towns county, Georgia.
Also, a bill to incorporate the town of Barnwell.

:272

JOFRNAL OF THE SENATE.

Also-, a bill to prohibit the sale of spirituous liquors m the town of Desoto.

Also, a bill to authorize the town council of Bowman to

issue bonds for school purposes.



Also, a bill to change the names and principal offices of banking, railroad, insurance, express, telegraph, canal, and .navigation companies.

Also, a bill to amend the char.ter of Roberta.

Also, a bill to amend an act, so as to elect commissioners -of Troup county at general elections.

Also, a bill to authorize the mayor and council of De<(Jatur to provide for the registration and license of every trade and business.

Also, a bill to provide for the election of county cornmissioners of Berrien county.

Also, a bill to amend an act to create a board of commissioners of roads and revenues for the county of Catoosa.
Also, a bill to amend the charter of the city of Dawson.
Also, a bill to amend an act authorizing the board of <()Ommissioners of Washington county to issue bonds for school purposes.
A.lso, a bill to incorporate the town of Douglas.
Also, a bill to fix the title and status of the piece of ground in Savannah known as the .old cemetery, to confirm the decree of the superior court in the case of John Williamson, el al. vs. The :Mayor and Council.

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273

Also, a bill to amend an act incorporating the Savannah Bank and Trust Company.

Also, a bill to amend an act incorporating the town of Meigs.
Also, a bill to create the office of commissioner of public works in the city of Savannah.
Also, a bill to organize a board of tax-assessors and receivers for the city of Savannah.
The House has also adopted the following resolution in which the concurrence of the Senate is asked:
A resolution for the relief of Willis Fields of Henry -county.
The House has also concurred in the Senate amendments to the following bill of the House:
A bill to require judges of the superior courts of this
.State, upon the continuance of any case, to so enter upon their dockets opposite such case.
The H.)use has also concurred in the following resolution of the Senate, to wit:
A resolution authorizing and directing the ComptrollerGeneral to reopen the matter ofassessment of Postal Telegraph Company.
Also, a bill to provide a system of public schools for the town of Oxford.

Mr. Brand, chairman of the Committee on Corporations, .submitted the following report:
.Mr. P1esident:
The Committee on Corporations have had under con-
Iss

274

JOURNAL OF THE SENATE.

sideration the following House bill, and direct me to report to the Senate, with recommendation that same do pass, the proofs being correct

A bill to be entitled an act to create a board of edu~a tion for the tuwn of Lithonia, and for other purpoRes.

Respectfully submitted.

C. H. BRAND, Chairman.

The bill of the Senate to amend section 1 of an act entitled an act establishing a school for colored students, approved November 26, 1890, was read the seeond time and passed to a third reading.
The following bills of the House were read the second time and passed to a third reading, to wit: .
A bill to amend an act entitled au act to consolidate, amend, and codify the various acts incorporating the city of Forsyth, etc.
A bill to establish a system of public schools for the town of Guyton.

A bill to provide compeusation to the commissioners of Thomas county.

The bill of the House to repeal an act approved November 25, 1893, incorporating the village of Haynie, was read the second time and recommitted to the Committee on Corporations.
Mr. Boyd made the following report:
M1. President:
The Committee on Temperance have had under consideration House bill No. 418, the same being a bill to be entitled an act to amend an act to prohibit the sale of alco-

TuESDAY, NovE~IBER 26, 1895.

275

holic, spirituous, or malt liquors, or intoxicating bitters, or intoxicating drugs of any kind, in the county of Elbert, and for other purposes, and they direct me, as chairman of said committee, to report the same back to the Senate, with a recommendation that the same do pass as amended.

Respectfully submitted.

W. G. BoYD, Chairman.

Mr. Bussey submitted the following report:

li'Ir. President :
The joint committee of the Senate and House, appointed to visit the school for colored students at College, Ga., during its commencement exercises, submit the following report:

Mr. Pre8'ident:
Your committee visited the school for colored students during its last commencement and investigated, as far as possible, all such matters and things as they deemed of interest to the public touching the school.
At the time of the visit of the committee to the school, Governor Atkinson was present to deliver the commence~ ment address and to present diplomas to the first class of young men to graduate from the college.
Besides the Governor, there were present the Hon. P. W. Meldrim and the other members of the commission for the colored school, members of the Chatham county board of education, representatives of the city government, and a number of other white citizens. The colored people were out in large numbers. In fact, the day (Monday, commencement day) had the air of a holiday. Every thing went to show that the colored people were very proud of their school.
The school had an enrollment, for the year upon which

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Jm..:R:SAL OF THE SENATE.

we report, of 201, representing some thirty counties. The committee examined most thoroughly into the conduct of the school, and all were highly pleased.
The methods of teaching in the various departments and branches seemed to be practical, thorough, systematic, and successful, but we think that this State institution should be devoted largely to the training ofteachers who may go out and take charge of the colored schools.
The manual training department, as such, bad not been long in operation, but gave excellent promise of satisfactory results.
In this department the boys are taught the principles of working in wood and iron. In time it will turn out skilled blacksmiths, carpenters, wheelwrights, arrd also painters and bricklayers.
The farm is under the management of a practical farmer, and be is doing splendid work in giving the boys useful lessons in the care of tools and live-stock, the building up, improving lands, and the production of farm products.
On the whole, the school is doing a great work for the colored youth of the State, but we think the school should ~e opened to both males and females.
Your committee are of the opinion, however, that the school needs larger accommodations. We observed that the commencement exercises_were compelled to be held in open air on account of the lack of a chapel. The school also needs a dormitory, their present accommodations being for only sixty persons.
Your committee recommend that funds be provided, either by appropriation, or that the appropriation of the $24,000 withheld from the Atlanta University for the years 1888, 1889, and 1890 be used to erect the buildings, which are very much needed, provided said funds can be made available for that purpose.
We suggest that the corporate name of the school be

TuESDAY, XovE~IBER 261 189.5.

277

"The Georgia State Industrial CollegP for Colored Youths," the corporate name now being "The School for Colored Youths."
'Ve suggest that, in order to Pncourage this school,
graduates from this school should be granted license from the State school commissioner to teach the common schools among the colored people of the State. This privilege is granted to the graduates of the school at Dahlonega.
J. B. BussEY, Chairman Senate Com'mittee.

By resolution of Mr. Sheppard, Mr. A. G. Cassels, of Mcintosh, Ga., was invited to a seat in thP. Senate during his stay in this city.
The following bills of the Honse were read the first time and referred as indicated, to wit:
A bill to amend an act to create a board of commission. ers of roads and revenues for the county of Catoosa.
Referred to the Special Judiciary Committee.
A bill to prohibit the sale of spirituous, alcoholic, malt, or intoxicating liquors in the corporate limits of the town of Desoto, in Sumter county, and for other purposes.
Referred to the Committee on Temperance.

A bill to amend the act for Troup county, so as to elect commissioners at general elect!on.
Referred to the Committee on Corporations.
A bill to provide a system of public schools for the to>wn of Oxford, and for other purposes.
Referred to the Committee on Education.

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JOURNAL OF THE SEl'i"ATE.

A -bill to incorporate the town of Young Harris, ID Towns county, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend an act to provide compensation for the members of the board of roads and revenues for Catoosa county, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to create the office of commissioner of public works of the city of Savannah, etc., and fot other purposes.
Referred to the Committee on Corporations.
A bill to amend an act incorporating the Monroe Banking, Loan and Guarantee Company.
Referred to the Committee on Banks.
A bill to incorporate the town of Braswell, in the county of Paulding, and for other purposes.
Referred to the Committee on Corporations.

A bill to amend the charter of Roberta, and for other purposes.
Referred to the Committee on Corporations.
A bill to amend an act approved October 20, 1889, incorporating the town of Meigs, in Thomas county.
Referred to the Committee on Corporations.
A bill to authorize and empower the mayor and council of the town of Decatur, to DeKalb county, to provide for registration and license .of every trade, business calling, avocation, or profession prosecut~d and carried on within the incorporate limits of said town.
Referred to the Committee on Corporations.

TuESDAY, NoYEl'tiBER 26, 1895.

279

A bill to create and organize a board of tax-assessors and receivers for the city of Savannah.
Referred to the Committee on Corporations.

A bill to auth6rize the town council of Bowman to issue bonds, etc., and for other purposes.
Referred to the Committee on Education.
A bill to amend an act to incorporate the Savannah Bank and Trust Company of Savannah, and the amend.ments thereto, and for other purposes.
Referred to the Committee on Banks.
A bill to fix permanently the title and status of the piece of ground on the southeast corner of South Broad and Abercorn streets, in the city of Savannah, known as the "Old Cemetery," etc., and for other purposes.
Referred to the Special Judiciary Committee.

A bill to amend, the charter of the city of Dawson, and :for other purposes.
Referred to the Committee on Corporations.

A bill to amend an act approved December 4, 1893, which authorizes the board of commissioners of the town of .,Vashington, Ga., to issue bonds, etc.
Referred to the Special Judiciary Committee.
A bill to provide for a cha~e of the names and princicpal officers of banking, railroad, insurance, express, tele~graph, canal, and navigation companies.
Referred to the Committee on Corporations.
A bill to repeal s.o much of the act creating a board of

280

JOURNAL OF THE SENATE.

- commissioners for the county of DeKalb as limits the salary of' the clerk thereof, etc., and for other purposes. Referred to the Special Judiciary Committee.
A bill to prohibit hunting with dogs and guns and fishing on the lands of others in the county of Appling.
Referred to the Special Judiciary Committee.

A bill to incorporate the town of Douglas, m Coff0ecounty, and for other purposes.
Referred to the Committee on Corporations.
A bill to repeal an act filr the protection of fish in the waters of Berrien county, and for other purposes.
Referred to the Committee on Agriculture.

A bill to limit the jurisdiction of the city court of DeKalb county in civil cases to amounts exceeding one hundred dollars.
Referred to the Special Judiciary Committee.

A bill to provide for the election of county commissioners for the county of Berrien.
Referred to the Special Judiciary Committee.
And a resolution for the relief of Willis Fields of Henry county.
Referred to the Committee on Finance.
1\fr. Bush, chairman pro tern. of the Committee on Special Judiciary, submitted the following report:

Mr. President :
Your committee have bad under consideration House bilL No. 286, which they recommend do pass, to wit :

TuESDAY, NovEMBER 26, 1895.

281

A bill to be entitled an act to abolish the county court of Emanuel county.
Respectfully submitted. C. C: BusH, Chairman pro tern.

The Senate took up the report of Committee on Corporations on the bill of the House to provide for the removal of obstructions from the rivers, creeks, and other running streams in Elbert 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 35~ nays 0.

Mr. Osborne, chairman of the Committee on Railroads, subniit~ed the following report :
Mr. PreBident:
The Committee on Railroads have had under consideration the following bill of the Senate, which they report back to the Senate, with the recommendation that same do pass, to wit:
Senate bill No. 243, a bill to be entitled an act toamend section 708 of the Code, which relates to the duties. of railroads at public road crossways, by requiring the locomotive bell to be rung, and striking out the requirement to check and keep checking the speed thereof so as to stop should any person or thing be crossing the track on thepublic road.
The Committee on Railroads have also bad under C'lnsideration the following bill of the Senate, which they report back to the Senate, with the recommendation that same be read a second time and recommitted, to wit:
Senate Bill .No. 211, a bill to be entitled an act t()

282

JouRNAL aF THE SENATE.

amend an act approved December 17, 1892, entitled an act

to carry into effect article 3, section 7, paragraph 18 of the

{)Onstitution of this State, by striking out the word "ten "

where it occurs in the nirrth and eleventh lines of the

fifteenth section of said act, and in iieu thereof inserting the

word "twenty."

w. 'V. OsnoRNE,

Chairman Committee on Railroads.

The bills set forth in the foregoing report were taken up, read the second time, and passed to a third reading.

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

Mr. President :
The General Judiciary Committee have had under..consideration the following bill, which they direct me to report to the Senate, with the recommendation that it dtr pass as amended, to wit:
Senate bill No. 155, by Senator Sheppard of the Second, which is a bill to be entitled an act to amend section 2571 Df the Code, etc.

They have also considered the following bill, which they direct me to report to the Senate, with the recommendation that the introducer be allowed to withdraw the same, to wit:
Senate bill No. 135, by Senator Roberts of the Twentieth, to be entitled an act to amend an act to regulate the business of building and loan associations, etc.

They have also considered the following bill, which they direct me to report to the Senate, with the recommendation that it do not pass, to wit:

TuESDAY, NovEMBER 26, 189b.

283

Senate bill No. 148, by Senator Roberts of the Twentieth, which is a bill to be entitled an act to amend section 4349 of the Code of 1882, which defines the crime of rape by providing that females under the age of fourteen years shall be incapable of consenting, etc.
Respectfully submitted. N. E. HARRIS, Chairman.

The bill of the House to amend an act to prohibit the sale of alcoholic, spirituous, or malt liquors, etc., in Elbert county was read the second time and passed to a third reading.

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

Mr. President:
The House has passed, by the requisite constitutional majority, the following bill of the House, to wit:
A bill to create a board of fire commissionets for the city of Savannah.

The House has concerred in the amendments of the Senate to the following House bill, to wit:
A bill to create and organize a board of police commissioners for the city of Savannah, to define its jurisdiction, duties, and powers.
By resolution of Mr. Snead, the Ron. James M. DuPree, of Macon county, was invited to a seat in the Senate during his stay in this city.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 2571 <>f the Code, and for other purposes.

284

JouRNAL oF THE SENATE.

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

The bill was read the third time, and on the question of its passage the ayes and nays were demanded by Mr. Beeks and rPcorded.

Those voting in the affirmative were Messrs.-

Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Harris of the 12th, Harris of the 22d, Johnson,
Keen,
Long,

McMillan, McGregor, Monro, Morton, McGarrity, McClure, Norman, Osborne, Ryals, Roberts, Sheppard,

Storey, Sanford, Snead, Sharpe, Tatum, Upchurch, Wilson, Wilcox, Wade. Whitley, Williams.

Those voti~g in the negative were Messrs.-

Beeks, Harrison,

Lewis, Little.

Tho~e not voting were Messrs.-

Lumpkin, Starr.

Craigo, Harris of the 3d,

xlercer,

:Ur. President.

Yeas 34. Nays 6. ~ot voting -t.

Su the bill was passed, as amended, by a constitutional majority.

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

Mr. President:
The Committee on Corporations have had under consideration the following Senate bill, and direct me to report

TuESDAY, NovEMBER 26, 1895.

285

the same, with recommendation that it be read second time and recommitted to the committee:
A bill to be entitled an act to amend the charter of the city of Macon, to change the term of the mayor and devolve .certain powers and duties upon him, and for other purposes.
Respectfully submitted.
C. H. BRAND, Chairman.

The Senate took up the report of the Committee on Corporations on the bill to amend an act incorporating the town of Guyton.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 31, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Cohutta, in Whitfield 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-yeas 30, nays 0.
The Senate took up the report of the Committee on Corporations on the bill ofthe House to create a board of education for the town of Lithonia, and for other purposes.
Proof of legal notice was submitted. The report was amended as follows, on motion of Mr. Beeks, to wit :

286

JOURl\"AL OF THE SENATE.

Amend section 14 by inserting in second line of said section the word " board" after the word "said."
The report, as amended, was agreed to.
. The bill was read the third time and passed as amendedyeas 34, nays 0.

The bill of the House to create a board of fire commissioners of the city of Savannah was read the first time and referred to the Committee on Corporations.

By resolut:on of Mr. Sharpe, the Hon. C. P. Gordon was invited to a seat in the Senate during his stay in the city.

The bill of the House to authorize the mayor and council of the city of \Yaynesboro to issue bonds, etc., and for other purposes, was read the second time and passed to a third reading.
The bill of the House to abolish the county court of Emanuel county wai'l read the second time and passed to a third reading.

The following bills were introduced, read the first time, and referred as indicated, to wit:
By Mr. SheppardA bill to regulate hu"nting and fishing in this State, etc.,
and f,or other purposes.
Referred to the Committee on Agriculture.
By Mr. WilsonA bill to authorize any written instrument to be admit-
ted in evidence when the subscribing witnesses are dead, insane, incompetent, inaccessible, or, being produced, do not recollect the transaction, and for other purposes.
Referred to the General Judiciary Committee.

WEDNESDAY, NovEMBER 27, 1895.

287

By Mr. WilsonA bill to amend section 3837 (lf the Code of 1882, etc. Referred to the General Judiciary Committee.
The Senate, having disvosed of all business on the desk of the Secretary, adjourned, on motion, until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Wednesday, November 27, 1895, 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 the 3d, Harris of the 22d, Johnson, Keen, Lewis,

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

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilcox, Whitley, Williams, Mr. President.

Those absent were Messrs.-
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.

288

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on the Penitentiary on the bill of the Senate to place connty and municipal chain-gangs under the control and supervision of the Governor and the penitentiary department, to provide tor their regular inspection, and for other purposes, the same. being the special order for this day.
The committee reported in favor of its passage, with an amendment, which was adopted.
Mr. Lumpkin moved to amend by striking out the fifth section of the bill.
This motion did not prevail.

The report was amended, on motion of Mr. Harris of the Twenty-second district, as follows :

Amend to come in at the end of section 1 : "provided, however, that nothing in this act shall be construed to take from the county authorities the right to designate the work upon which the county chain-gangs may be placed, or to ~uthorize the Governor to take any chain-gang outside the limits of the county establishing and maintaining the same."
Mr. Tatum moved to amend the report, as amended, by striking out of the fourth line of the fifth section the words "$1,200," and inserting in lieu thereof the words "$1,000.

On the question of adopting this proposed amendment, l\Ir. Tatum demanded the yeas and nays, which were re-corded.

Those voting in the affirmative were Messrs.-

Brown, Johnson,
Keen,
Lewis,
Lumpkin,

McMillan, McGarrity, McClure, Snead, Sharpe,

Tatum, Upchurch, Williams.

WEDNESDAY, NOVEMBER 27, 1895.

289

Those voting in the negative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Cumming, Craigo, Harris of the 12th,

Harris of the 22d, Long, Little, Mercer, Monro, Morton, Or:sborne, Ryals,

Roberts, Storey, Sanford, Starr, Wilson, Whitley.

Those not voting were Messrs.-

Brand, Harris of the 3d, Harrison,

McGregor, Norman, Sheppard,

Wilcox, Wade, Mr. President.

Yeas 13. Nays 22. Not voting 9.

So the proposed amendment was lost. The report as amended, was agreed to.

The bill was read the third time and passed as ame1 ued -yeas 3:3, nays 0.

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

Ml". President:
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to fix the official bond of the tax-receiver of Bibb county.
Also, a bill to establish a city court for the county of Coffee.
Also, a bill to incorporate the town of Alto .
. Also, a bill to create a board of commissioners of water for the city of Savannah.
19s

290

JOURNAL OF THE SENATE.

Also, a biii to repeal an act to create a county court in each county in the State, so far as the same applies to thecounty of Glynn.
Also, a bill to establish the city court of Brunswick.
Also, a bill to establish a new charter for the town of Calhoun.
The House has adopted the following resolution, iD which the concurrence of the Senate is asked, to wit:
A resolution requesting the Governor to pay certain coupons of the Northeastern Railroad.

The House has also concurred in the Senate amendments to the following bills of the House, to wit:

A bill to create and organize a park and tree commission for the city of Savannah, to define its jurisdiction and powers, and for other purposes.

Mr. Bush, chairman pro tern. of the Special Judiciary Committee, submitted the following report :

Mr. President:
The Special Judiciary Committee have had under consideration the following bill, which they recommend do pass, to wit :
A bill to provide for the protection of the cemetery reserve in the city of Macon.

They have also considered the following bills, which they recommend do not pass, to wit :
A bill to amend section 4527 of the Code of 1882, so as to exempt sheriffs and their deputies from the operation of said section.

WEDNESDAY, NovEMBER 27, 1895.

291

Also, a bill to create a county court for the county of Echols.

They recommend that the following Senate bill be read a second time, and recommitted to said committee, to wit:
A bill to provide for the election of a clerk of commissioners of roads and revenues for Fulton county by the voters of said county.
The committee also recommend that the following House bills do pase, the proofs having been examined, and found correct, to wit :

A bill to amend the charter of the city of Dalton, so as to authorize the mayor and council to require every person, firm, company, or corporation doing any business in said city to register his or their trade, calling, business, or profession, and for other purposes.
Also, a bill to amend an act to create a board of commissioners of roads and revenues for the county of Webster.

Also, a bill to amend an act entitled an act to "protect the game in the State of Georgia during certain seasonE', approved December 20, 1893.
Respectfully submitted. C. C. BusH, Chairman pro tern.

Mr: Sheppard, chairman pro tern. of the Engrossing Committee, submitted the following rep!>rt:

Mr. President :
The Committee on Engros!!ing have examined the following bills, and direct me to report the same properly engrossed and ready to be transmitted to the House :

29~

JOURXAJ, OF THE SENATE.

A bill to be entitled an act to provide for service by publication, and for other purposes.
Also, a bill to be entitled an act to authorize the Mayor and Council of the city of Carrollton to hold au election on the question of issuing bonds for school-houses, furniture, and for other purposes.
Also, a bill to be entitled an act to authorize and empower the commissioners of roads and revenues of Chatham county to acquire by purchase or condemnation proceedings any road iu said county 0wned by any private person or corporation upon which tolls are charged.
Also, a bill to be entitled an act to amend section 1978 of the Code of 1882, and for other purposes.
Respectfully submitted. W. W. SHEPPARD, Chairman pro tern.

Mr. Roberts, chairman of the Committee on Lunatic Asylum, submitted the following report :

JI1. President :
The Set~ate and House Committee on the Lunatic Asylum, acting as a joint committee, on November 9, 1895, visited the asylum and made such investigation as the limited time at their disposal would permit, and are pleased to report the affairs of the institution in a satisfactory condition.
The trustees, superintendent, physicians, and other officers are believed to be, without exception, faithful and efficient and devoted to the best interests of the institution and the State, and should be cordially commended for the faithful execution of so great a trust.
The care and responsibility resting upon these officials are inconceivable to one unacquainted with the magnitude of this institution.

WEDNESDAY, NovEMBER 27, 1895.

29~

The annual report of the trustees and superintendent has been verified by your committee, and to it they refer for a detailed account of the affairs of the asylum.
We are very much gratified to report that the $100,000 appropriated by the legislature of 1892-3 for the erection of additional buildings has been wisely and economically expended by the board of trustees. With that appropriation they have erected buildings to accommodate about nine hundred (900) patients-five hundred (500) whites and four hundred (400) colored-an averagepercapitacost of $111.11, or at about one-third of the cost per capita of the convalescent building constructeJ in 1881-3.
The new annex for the colored patients was completed several months ago, and the negro insane committed to the asylum, and for a time before the complet~on of this building confined in the prisons and poor-houses of the State, .have been received, and there remains room enough for all who are likely to be committed for some time to come.
At the time of our visit the splendid new building for the whites was nearing completion, and on or before December 15th will be fully equipped and ready to be occupied, with nothing lacking to make it comfortable and healthful for the inmates, except a substantial brick wall around the building, inclosing a yard where the patients may enjoy fresh air and out-door exercise, which are very necessary for the well-being of the patient, and without which we are told by the physicians the best results in treatment cannot be attained.
We therefore recommend that the sum of six thousand dollars ($6,000.00) be appropriated for the purpose of erecting said wall, that snm being the amount necessary for the work, as per estimate of asylum engineer and architect.
We find that two of the detached bui !dings are heated by crude and antiquated apparatus, costly to maintain, in-

294

JOURNAL OF THE SENATE.

sufficient to heat the buildings, an.d dangerous to the safety of the buildings.
We recommend that the sum of ($5,552.00) five thousand five hundrad and fifty-two dollars be appropriated for the purpose of substituting a regular steam heating system in connection with the general plan of heating for the modern buildings, in place of the defective apparatus now in use.
Respectfully submitted. RuFus W. RoBERTS, Chairman.
Mr. Harris, chairman of the General Judiciary Committee, submitted the following report:
Mr. President : The General Judiciary Committee have had under con-
sifleration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit:
Senate bill No. 97, by Senator Roberts of the Twentieth, to be entitled an act to authorize females to hold certain civil offices, etc.
Also, Senate bill No. 225, by Senator Whitley of the Thirty-sixth, to he entitled an act to amend an act approved October 16, 1891, to authorize the judge in the superior court of this State, in any case of seduction or divorce or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court, etc.
They have also considered the following bills, which they direct me to report to the Senate, with the recommendation that they do pas..'> as amended, to wit;
Senate bill No. 201, by Mr. Lewis of the Nineteenth, to be entitled an act to authorize the Governor and Treasurer to issue bonds and negotiate the same, etc.

WEDNESDAY, NOVEMBER 27, 1895.

295

Also, House bill No. 422, by Mr. Lee. of Walker, to bQ -entitled an act to cede to the United States jurisdiction of this State over certain lands and certain public roads, etc:

They have also considered the following bills, which they airect me to report to the Senate, with the recommendation that they do pass by substitute, to wit :

Senate bill No. 5, by Senator Wade of the Seventeenth, to be entitled an act to alter and amend paragraph 2 section 2 article 7 of the Constitution of the State.

Also, Semite bill No. 186, by Senator McGarrity of the Thirty-eighth, to be entitled an act to amend an act to -establish boards of medical examiners, etc.

Respectfully submitted.

N. E. HARRIS, Chairman.

Mr. Cumming offered the following resolution, which was read and agreed to, to wit :

Resolved, That the Senate sit to-day until the Secretary's <lesk is cleared, and that when it adjourns it adjourn to re.(JOnvene Friday morning.

Mr. Mercer submitted the following report:

Xr. Preside!nt:

Your committee appointed to look into the appropriation

for the agricultural department, find that our worthy com-

missioner of agriculture has by commendable economy

saved to the State the sum of $4,000 out of the appropria-

tion for 1893 and 1894, which is now covered into the

treasury.

Respectfully submitted.

J. E. MERCER,
w. c. BEEKS,

WM. A. BROUGHTON.

296

JOURNAL OF THE SENATE.

The following bills were introduced, read the first time~ and referred as indicated, to wit :
By Mr. BrandA bill to provide for levy and sale of property when the
relation of vendor and vendee exists, authorizing the sale of the vendee's interests under his bond for title C)r contract of purchase, and for other purposes.
Referred to the General Judiciary Committee.
By Mr. LumpkinA bill to amend an act to incorporate the town of Kings-
ton, etc., and for other purposes. Referred to the Committee on Corporations.
By Mr. KeenA bill to abolish the city court of Laurens county, and
for other purposes. Referred to the Special Judiciary Committee.
By Mr. MercerA bill to create a commissiOn to secure manuscript of
text-books for the common schools, and for other purposes. Referren to the Committee on Education.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report :

Mr. President:
The Committee on Finance have had under consideration the following bills, which they recommend do not pass, to wit:
A bill to levy and collect a tax on the amount of money paid in by any person or persons in the State for life insurance policies, fi>r the support of the State government~ and for other purposes.

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297

Also, a bill to provide for the deposit of money or securities by mutual life insurance companies of this State who seek to do business in other States.

The committee also recommend that the following resolutions do pass, to wit :

A resolution relieving Brunswick State bank and its-
sureties from payment of interest in fl. fa.

Also, a resolution for the relief of the North Highlands Railroad Company.

Also, a resolution to authorize the State Treasurer to pay John Faver for services, etc.

The committee also recommend that the following resolution do p~ss as amended, to wit:
A resolution for the relief of J. S. McGahee, of McDuffie county.

The committee also recommend that the following bill be reported back to be read the second time and recommitted to the Finance Committee, to wit:

A bill to provide for the sale or lease of the Northeast-

ern Railroad, to confer certain powers and duties upon the Governor with reference thereto, and for other purposes.

Respectfully submitted.

E. B. LEwis, Chairma.n.

Leave of absenee was granted Mr. McClure after to-day until Monday next.

On motion of Mr. Broughton, one hundred copies of the report of the Committee on the Lunatic Asylum, were ordered to be printed for the use of the Senate.

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

I

298

JoURNAL OF THE SENATE.

A bill to incorporate the town of Alto, in the counties of Banks and Habersham.
Referred to the Committee on Corporations.

A bill to create a hoard of commissioners of water for the city of Savannah.
Referred to the Special Judiciary Committee.

A bill to repeal an act to create a county court in each county in this State, except certain counties therein mentioned, approved January 19, 1872, and all acts amendatory thereof, so far as the same relates to the county of Glynn.
Referred to the Special Judiciary Committee.

A bill to establish a new charter for the town of Calhoun, in Gordon county, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to fix the official bond of the receiver of tax returns in Bibb county, at ten thousand dollars, and for other purposes.
Referred to the Special Judiciary Committee.

A bill to establish the city court of Brunswick, in and for the county of Glynn, and for other purposes
.Referred to the Special Judiciary Committee.

A bill to establish the city court of Coffee county, and for other purposes.
Referred to the Special Judiciary Committee.
A resolution requesting the Governor to pay certain eoupons of the Northeastern Railroad.
Referred to the Committee on Finance.

WEDNESDAY, NovEMBER 27, 1895.

299

Mr. Boyd, of the Thirty-second district, chairman of the Temperance Committee: submitted the following report:

JJlr. President:
The Committee on Temperance have had under consideration the following bill, which they instruct me to report, with the recommendation that the same be read a second time, and recommitted, to wit:

A bill to be entitled an act to amend the charter of Roberta, etc., by Mr. Futrell, of Crawford.
Respectfully submitted. M. G. BOYD, Chairman.

Mr. Bush, chairman pro tem. of the Committee on Special Judiciary, submitted the following report:
Jfr. President:
The Special .Judiciary Committee have had under consideration the following House bill, which they recommend do pass, to wit:
A bill to be entitled an act to amend an act, approved December 4, 1893, which authorizes the board of commissioners of the town of Washington, Ga., to issue and sell bonds tor the purpose of purchasing or building public school buildings.
Respectfully submitted. I. A. BusH, Chairman pro tern.

Mr. Harrison, by general consent, introduced the following bill, which was read the first time, and referred to the Special Judiciary Committee, to wit:

300

JOURNAL OF THE SENATE.

A bill to create a board of commissioners of roads and revenues for Twiggs county, and for other purpose!:!.
By general consent Mr. Roberts introduced a bill to authorize the trustees of the State Lunatic Asylum to discharge William Schuwurz.
Referred to the Committee on the Lunatic Asylum.

Mr. Long offered the following bills, which were read the first time and referred as indicated, to wit:
A hill to provide for a fixed compensation to the Comptroller-General, as insurance commissioner, etc., and for other purposes.
Referred to the Committee on Finance.
Also, by Mr. Long-
A bill to require banks chartered by this State, where the capital stock is impaired, to make the same good by transfer from the surplus, or individual profits thereof, and for other purposes.
Referred to the Committee on Banks.
Mr. Munro introduced a bill to authorize county authorities, in whose counties there a.re no municipal or county chain-gangs, to hire out misdf'meanor convicts to private individuals, upon such terms as may subserve the ends of justice, and for other purposes.
Referred to the General Judiciary Committee.

Mr. Sheppard, chairman Military Committee, submitted the following report :
.~.l:Ir. President : The Military Committee have had under consideration
Senate bill No. 220, by Mr. Sheppard, of the Second dis-

WEDNESDAY, NovEMBER 27, 1895.

!301

trict, and instruct me to report the same back to the Senate with the recommendation that the bill be read a second time and recommitted to the Military Committee.
Respeetfnlly submitted. W. W. SHEPPARD, Chairman.

Mr. Bush, chairman pro tern. of the Committee on Special Judiciary, submitted the following report:

Mr. President:
The Committee on Special Judiciary have had under consideration the following bill, which they recommend do pass, to wit:

A bill to be entitled an act to fix permanently the title and status of the price of ground on the southeast corner of South Broad and Abercorn street in the city of Savannah, known as the old cemetery.
Respectfully submitted. C. C. BusH, Chairman pro tern.

Mr. Broughton, chairman of the Agricultural Committee, submitted the following the following report:

Mr. President :
The Agricultural Committee have had under consideration a bill by Mr. TatuVJ, of the :Forty-fourth district, to be entitled an act to prohibit any non-resident person , or persons frnm camp-hunting in the county of Dade, to provide a penalty therefor, 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. WM. A. BROUGHTON, Chairman.

302

JOURNAL OF THE SENATE.

The bill of the Senate to provide for the election of the clerk of the commissioners of roads and revenues of Fulton county by the qualified voters of said county, 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 October 15, 1891, to authorize the judge of the superior court of this State in any case of seduction or divorce or other case where the evidence is vulgar or obscene, to hear and try the case after clearing the court of all or any portion of the audience; and for other purposes.

Also, a bill to provide for the protection of the cemetery reserve in the city of Macon.

Also, a bill to provide for the sale or lease of the Northeastern Railroad, etc.

Also, a bill to amend an act to establish boatds of medical examiners for the State of Georgia.
The following bills and resolutions of the House were the second time and passed to a third reading, to wit:
A resolution for the relief of the North Highlands Railroad Company.

Also, a resolution for the relief of J. S. McGahee of McDuffie county.

Alo, a resolution relieving Brunswick State Bank and securities, etc.

Also, a resolution to authorize the State Treasurer to pay John Faver for services, etc.

WEDNESDAY, NOVEMBER 27, 1895.

303

Also, a bill to amend the charter of the city of Dalton

Also, a hill to amend an act to create a board of roads and revenues for the county of Webster.

Also, a bill to amend the charter of the town of Roberta, and for other purposes.

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

Mr. President:
Your committee have had under consideratios the following. Senate bills, which they instruct me to report back with the recommendation that the introducer have leave to withdraw the same, to wit:
A bill, No. 166, to authorize the town of Buford m Gwinnett county, to establish and maintain a system of public schools.

Also, bill No. 194, to authorize the town of Buford m Gwinnett county, to establish and maintain a system of public schools.
Respectfully submitted.
WALTER C. BEEKS, Chairman.

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

lYir. President:
Your committee have had under consideration the following acts, which they find duly enrolled and ready for the signatures of the President and Secretary of the Senate, to wit:
An act to amend an act of the General Assembly of

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JouRNAL oF THE SENATE.

-Georgia, approved October 22, 1889, by striking the word "fishing" from the first line of the title of said act, etc.

Also, an act to amend an act establishing a new charter for the city of Madison.

Also, an act to authorize the city council of Augusta to increase its water supply by constructing water \vorks beyond the corporate limits.

Also, a rtsolution appointing a committee of two from the Senate and three from the House to ascertain what -companies are in arrears for convicts and to report to General Assembly.
Respectfully submitted.
EDWIN R. SHARPE, Chairman.

The bill of the Senate adversely reported by the Finance Committee, to wit:
A bill to le\'Y and collect a tax on the amount of money paid in by any person or persons for life insurance, was, on}motion of Mr. McGarrity, recommitted to the General Judiciary Committee.
Mr. Lewis introduced a bill to incorporate the Brunswick, LaGrange and Xorthwestero Railroad, and for other purposes, which was read the first time and referred to the Committee on Railroads.
The bill of the House to amend an act to consolidate, amend, and codify the various acts incorporating the city of Forsyth, and for other purposes, was taken up for a third reading and was laid on the table.

WEDNESDAY, NovEMBER '27, I89.5.

305

The bill of the Senate to authorize females to hold certain civil offices, etc., which was taken up for a third reading, was, on motion, laid on the table.

The bill of tbe Senate to alter and amend paragraph 2, section 2, article 7 of the Constitution of this State, which was taken up for a third reading, was, on motion, laid on the table.
The Senate took up the report of the },inance Committee on the bill of the Senate, to authorize the Governor and Treasurer to issue bonds and negotiate the same for the purpose of raising money with which to pay off an amount of the public debt maruring July I, I896, which is not provided for by the sinking fund that will be in the treasury at such time, and for other purposes.
The report was favorable to the passage of the bill with an amendment which was adopted, and the report was agreed to.
The bill was read the third time and passed as amendedayes 33, nays 0.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend section 708 .of the Code, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes 29, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend section I .of an act establishing a school for colored students, approved November 26, 1890.
The committee reported in favor of its passage with cer-
208

306

JouRNAL oF THE SENATE.

tain amendments, which were adopted, and the report wasagreed to.
The bill was read the third time and passed as amendedayes 28, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act to protect the game in this State during certain seasons, apProved December 20, 1893, and for other purposes, the same being a reconsidered bill.
The committee reported in favor of its passage with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed as amendedayes 25, nays 1.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to abolish the county court of Emanuel county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-ayes 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to provide compensation to the commissioners of Thomas 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 32, nays 0.

WEDNESDAY, NOVEMBER 27, 1895.

307

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 Guyton, Ga.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-ayes 27, nays 0.

Mr. Harris, in behalf of the minority of the General Judiciary Committee, submitted the following minority report:

Mr. President:
The undersigned members of the General ,Judicia.ry Committee dissent from the report of the n~ajority of said committee recommending the passage of &;uate bill No. 97, by Senator Roberts of the Twentieth, which is a bill to be entitled an act to authorize females to hold certain civil offices and perform certain civil functions in this State, and for other purposes, on the following grounds, to wit :
First. The enactment of said bill into a Ia w would convene the settled policy of this State, which has existed from its beginning as a commonwealth to the present time.

Second. It would be the first step toward the modern doctrine of woman's suffrq.ge-a thing which is contrary to the best interests of our people, at least in the South.

Third. It is neither demanded by the women of our

country, _nor is it necessary to their advancement and

enlightened progress.

Respectfully submitted.

N. E. HARBIS, C. C. BusH,

LEON A. WILSON,

TRAMMELL STARR,
J. B. BussEY.

308

JOURNAL OF THE SENATE.

Leave of absence was granted Messrs. ~cGarrity, Ryals, Brown, and Bussey.

Mr. Long introduced a bill which was read the first time and referred to the General Judiciary Committee, to wit:

A bill to amend an act to regulate the business of insurance brokers in this State, and for other purposes.

The bill of the Senate to prl)hibit camp hunting, etc., by non-residents in Dade county was read the second time and passed to a third reading.

The bills of the House to amend an act authorizing the . board of commissioners of the town of Washington, Ga., to issue bonds, etc.
Also, a bill to fix permanently the price of ground on the southeast corner of South Broad and Abercorn street in Savannah, and for other purposes, were read the second time and passed to a third reading.

The Senate took up the report of the General Judiciary Committee on the bill of the House to cede to the United States jurisdiction of the State over certain lands and certain public roads a~d approaches to the Chickamauga National Military Park in the ~ounties of Walker and
Catoosa.

The committee reported in favor of its pass!lge, with certain amendments which were adopted, and the report was agrood to.

The bill was read the third time, and on the question of its passage, as amended, Mr. Cumming demanded the yeas and nays, which were recorded.

WEDNESDAY, NovEliiBER 27, 1895.

309

Those who voted in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Boyd, Brand, Brown, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity, Osborne, Ryals, Roberts,

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Wilson, Wilcox, Whitley, Williams,

Those voting in the negative were Messrs.-

Bush,

Cumming,

Those not voting were Messrs.-

Harris of the 3d, McClure, Morton,

Norman, Upchurch,

Wade, Mr. President.

Ayes 35. Nays 2. Not voting 7.

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

The Senate took up the report of the Committee on Temperance on the bill of the House to amend an act to prohibit the sale of alcoholic, spirituous, or malt liquors, or intoxicating bitters, or intoxicating drugs of any kind, in the county of Elbert, and for other purposes.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed, ;xs amendedyeas 29, nays 0.

Leave of absence was granted Mr. Story and Mr. Wilcox.

310

JoURNAL OF THE SENATE.

Mr. Little was, on motion, added to the Committee on General Judiciary.

By resolution of Mr. Brand, the Hon. W. P. Bond was invited to a seat in the Senate during his stay in this city.

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

SENATE CHAMBER, ATLANTA, GEORGIA.
l<"'riday, November 29, 1895, 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:

Those present were Messrs.-

Beeks, Broughton, Bush, Boyd, Branrl, Brown, Cumming, Harris of the 12th, Harris of the 22d, Harrison, Johnson,

Lewis, Long, Little, Lumpkin, McMillan, Mercer McGregor, Monro, McGarrity, Norman, Ryals,

Those absent were Messrs.-

Bussey, Craigo, Harris of the 3d, Keen,

Morton, McClure, Osborne, Storey,

Roberts, Sheppard, Sanford, Sharpe, Starr, Tatum, Upchurch, Wilson, Whitley, Williams, Mr. President.
Snead, Wilcox, Wade.

FRIDAY, NOVEMBER 29, 1895.

311

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. Tatum moved a reconsideration of the action of the Senate on Wednesday lal'lt in passing a bill of the Senate to amend section 708 of the Code in relation to duties of railroads at public road-crossings, etc., and for other purposes.
The motion to reconsider prevailed, and the bill was put upon its passage.
The same was amended, on motion of Mr. Tatum, by .adding to the end of the first section the following :
" Provided, however, should the engineer see any person -or thing on the crossing he shall at once begin to check and keep checking the train until it reaches the crossing, or until such person or thing leaves the crossing."
The report as amended was agreed to.
The bill was read the third time and passed as amended -yeas 26, nays 0.

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

M1'. President:
The Committee on Enrollment have had under consider:.ation the following act and resolution, which they report duly enrolled and ready for the signatures of the President and Secretary of the Senate, to wit :
An act to amend an act to incorporate the city of Cartersville, Bartow county, Georgia, approved August 27, 1872, and various acts amendatory thereof, etc.

A resolution authorizing and directing the Comptroller-

312

JOURNAL OF THE SENATE.

General to reopen the matter of assessments of the Postal Telegraph and Cable Company.
Respectfully submitted. EDWIN R. SHARPE, Chairman.

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, which they direct me to report back, with the reccmmendation that the same do pass, the proofs being correct :
A bill to be entitled an act to authorize the mayor and aldermen of Savannah to condemn property for the purpese of widening, extending, or straightening any street, etc.
Also, a bill to be entitled an act to create a board of firecommissioners for the city of Savannah.
Also, a bill to be entitled an act to amend an act, approved October 20, 1889, incorporating the town of Meigs,. in Thomas county.
Also, a bill to be entitled an act to create the office ot commissioner of public works in the city of Savannah, and for other purposet~.
Ah;o, a bill to be entitled an act to incorporate the town of Young Harris, in Towns county, Georgia, and for other purposes.
Also, a bill to be entitled an act to create and organize a board of tax assessors and receivers for the city of Savannah.
They direct me to report the following bill, with rcommendation that it do pass as amended :

FRIDAY, NOVEMBER 29, 1895.

313

A bill to be entitled an act to amend the charter of the city of Dawson so as to require the election of the clerk of council by the mayor and aldermen, and for other pur-
poses. Respectfully submitted. C. H. BRAND, Chairman.

Mr. Beeks, chairman ot the Committee on Education~ submitted the following report :
Mr. President:
Your committee have had under consideration the following Honse bills, which they instruct me to report back, with the recommendation that the same do pass, to wit :
A bill to provide a system of public schools for the town of Oxford, and for other purposes.
Also, a bill to authorize the town of Bowman to issuebonds to be used and disposed of for the purpose of securing free tuition to all children of school age within saidtown, and for other purposes.
Respectfully submitted. WALTER C. BEEKS, Chairman.

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

Mr. President:
The House has passed the following hili of the House by the requisite constitutional vote of yeas 126, nays 17~ to wit:
A bill to amend the Constitution of the State by adding a new paragraph to article 6., section 2, to be known as paragraph 8, so as to change the organization of the SupremeCourt, to increase the number of asso~iate justices, to provide for election by the people, and for other purposes.

.314

JouRNAL OF THE SENATE

The House has also passed the following bill of the House by the requisite cons~itutional majority, to wit:
A bill to extend the corporate limits of the town of 'Vaynesboro, Ga.

The House has also adopted the following resolution of the House, to wit :
A resolution approving the bill now pending before the National Congress looking to the establishing of a dry .dock and repair station at Key West, in the State of Florida.
The House has also concurred in the following resolution of the Senate, as amended, to wit:
A resolution inviting the Hon. S. D. Bradwell to ad-dress the General Assembly on November 29th at 7 o'clock
P.M.

On motion of Mr. Sheppard, the amendment of the House to the resolution of the Senate, inviting Hon. S. D. Bradwell to address the General Assembly, was taken up ~nd concurred in.
Mr. Bush, chairman pro tern. of the Committee on Special Judiciary, submitted ,the following report:

Mr. President:
The Special Judiciary Committee have had under consideration the fi)llowing bill, which they recommend that same be read the second time and recommitted to this committee, to wit:
A bill to be entitled an act. to abolish the city court of .Jackson county, and for other purpost!s.
Respectfully subm.itted. C. C. BusH, Chairman pro tern.

FRIDAv, NovEMBER 29, 1895.

315

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

By Mr. LongA bill to permit the State as the owner of the North-
eastern Railroad to be sued in certain cases. Referred to the General Judiciary Committee.

By Mr. McGarrity-
A bill to amend an act regulating sales of fertilizers in this State, ete., and for other purposes.
Referred to the Committee on Agriculture.
Also, a bill to amend an act as to inspection, analysis, and sale of fertilizers, approved October 19, 1891, etc., and for other purposes.
Referred to the Committee on Agriculture.

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

Mt. President :
The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit:
Senate bill No. 219, by Senator Tatum of the Fortyfourth, to be entitled an act to authorize justices of the peace and notaries public of this State to preside in districts -other than those they were elected or appointed to, etc.
Also, Senate bill No. 2a1, by Senator Monro of the Twenty-fourth, to be entitled an act to amend section 4310 -of the Code, so as to permit the county authorities in this State to hire misdemeanor convicts to private persona, etc.

316

OF JouRNAL

THE SENATE.

Also, Senate bill No. 250, by Senator Wilson of the Fifth, to he entitled an act to authorize any written instrument to be admitted in evidence when the subscribing witnesses are dead, insane, etc.
Also, Senate bill No. 257, by Senator Monro of the Twenty-fourth, to be entitled an act to authorize county authorities, in whm'e counties there are no municipal or county chain-gangs, to hire out misdemeanor convicts to private persons, etc.
Also, House bill No. 207, by Mr. Rawlings of Washington, to be entitled an act to amend section 1291 of the Code af 1882, etc.
Also, House bill No. 389, by Mr. Fleming of Richmond, to be entitled an act to make the personal earnings of a married woman, when working for any one other than her husband, her separate property, etc.

They have also considered the following bills, which they direct me to report to the Senate, with the recommendation that they do pass as amended, to wit :
Senate bill No. 209, by Senator Boyd of the Thirtysecond, to be entitled an act to approve, adopt, and make of force the Code of laws prepared under the direction and by authority of the General Assembly, etc.
Also, Senate bill No. 251, by Senator Wilson of the Fifth, to be entitled an act to amend section 3837 of the Code of 1882, relating to cases in which the subscribing witnesses must be produced, etc.

They have also considered the following bill, which they direct me to report to the Senate, with the recommendation that it he read the second time and recommitted, to wit:
House bill No. 362, by Mr. Worley of Elbert, to be en-

FRIDAY, NoNEMBER 29, 1895.

. 317

titled an act to change the time for holding the regular quarterly term of the city court of Elbert county, et{).
They have also considered the following bills, which they direct me to report to the Senate, with the recommendation that the introducers be allowed to withdraw same, to wit:
Senate bill No. 46, by Senator Harris of the Twentysecond, 'to be entitled an act to amend an act approved October 16, 1889, entitled an act to provide a system of taxation of railroad property, etc.
Also, Senate bill No. 153, by Senator Bush of the Eighth, to be entitled an act to amend an act entitled an act to amend an act to protect game, etc.
Also, Senate bill No. 224, by Senator Bush of the Eighth, to be entitled an act to provide for the distribution of all money derived from the hire of convicts convicted of the offense of mayhem, etc.
They have also considered the following bills, which they direct me to report to the Senate, with the recommendation that they do not pass, to wit:
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. 114, by Mr. Jones of Dougherty, to be entitled an act to prohibit muscle, ventre, and other vulgar, obscene, and immoral dances, etil.
Also, Senate bill No. 205, by Senator Johnson of the Thirty-third, to be entitled an act to prohibit a greater commission than 4 per cent. for negotiating loans, etc.
Also, Senate bill No. 206, by Senator Johnson of the Thirty-~hird, to be entitled an act to amend section 2057 (a) of the Code of 1~82, by making it a penal offense to charge a greater rate of interest than is permitted by said section, etc.

318

JoURNAL OF THE SENATE.

They have also considered the following bill, which they direct me to report to the Senate, with the recommendation that it be read the second time and recommitted, to wit:

Senate bill No. 235, by Senator Venable of the Thirtyfifth, to be entitled an act to amend an act approved December 18, 1893, amending section 1979 of the Code, which provides a lien in fa\'Or of mechanics of every sort, and material men, etc.

Respectfully submitted.

N. E. HARRIS, Chairman.

Mr. Broughton offered the following report:

Mr. President:
Your Committee on Agriculture have had under consideration the following bills, to wit:
A bill to entitled an act to provide for pleading and proving a failure of the consideration of any promissory note, or other instrument in writing, given for commercial fertilizers, guanos, and manures; and to prescribe 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, and they direct me to report the same back to the Senate, with the recommendation that the introducer be allowed to withdraw same.

Also, a bill to be entitled an act to regulate hunting and fishing in this State, to provide for "posting" lands, to prescribe a punishment for the violation of this provision ofthis act, 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 and recommitted.

FRIDAY, NovEMBER 29, 1895.

319

Also, a bill to be entitled an act to regulate the tolling of rice in this State, to provide a punishment for the unlawful tolling of the same, and for 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. WM. A.. BROUGHTON, Chairman.
Senator Boyd, chairman of the Committee on Temperance, submitted the following report:

Mr. President:
The Committee on Temperance have had under consideration the following bill, which they direct me to report back to the Senate, with the recommendation that it do pass, to wit :
House bill No. 577, by Mr. Dodson of Sumter, to be entitled an act to prohibit the sale of spirituous, alcoholic, malt, or intoxicating liquors within the incorporate limits of the town of Desoto in Sumter county, etc.
Respectfully submitted. M. G. BOYD, Chairman.

Mr. Sheppard, Chairman pro tem. of the Committee on Engrossing, submitted the following report:

Mr. President :
The Committee on Engrossing have examined the following Senate bills, and direct me to report the same properly engrossed and ready to be transmitted to the House.

A bill to be entitled an act to amend section 2571 of the Code of IH82, which provides for year's support for widows and minor children by etriking therefrom the word "one" in the twenty-first line, and inserting in lieu thereof the word "two," and for other purposes.

320

JOURNAL OF THE SENATE.

Also, a bill to be entitled an act to amend section 1 of .an act entitled an act to establish a school for colored persons as a branch of the State University, approved November 26, Ul90, and for other purposes.
Also, a bill to be entitled an act to authorize the Governor and Treasurer to issue bonds and negotiate the same, .and for other purposes.
Respectfully submitted. W. W. SHEPPARD, Chairman.

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

Jfr. President:
The Finance Committee have had under consideration and report that it do pass :
No. 62, a resolution for the relief of Willis Fields.
Also, a bill, No. 214, to amend the general tax act of 1895 and 1896, so as change the license tax on dagnerrean, ambrotype artist, etc. The committee permitted the introducer of this bill to withdraw it.
Respectfully submitted. E. B. LEWIS, Chairman.

The hill of the Senate to abolish the city court of Jackson county, was read the second time and ~ecom_ mit ted, to the General Judiciary Committee.
The bill of the Senate to authorize justices of the peace and notaries public to preside in oistricts other than those in which elected or to which appointed, was read the second time and passed to a third reading.

The following bills of the Senate were withdrawn by general consent, to wit :

FRIDAY, XOVEMBER 29, 1895.

321

A bill to amend an act regulating the business of building and loan associations."
A bill to authorize the town of Buford to establish and ma.intain a system of public schools.
Also, a bill to authorize the town of Buford to establish and maintain a system of public schools, both bills having the same titles.
The following bill of the Senate was read the second time and passed to a third reading, to wit :
A bill to amend, revise, and consolidate the military laws of this State, and for other purposes.
The following bill of the Senate was taken up under adverse reports, and lost by agreement with said reports, to wit:
A bill to require the board of edueation in each county to pay public school teachers the pro rata share of each pupil within the school age, etc.
The fiJllowiug bills ot the House adversely reported, were lost by agree~ent with said reports, to wit :
A bill to provide for the deposit of money or securities by mutual life insurance co_mpanies.
Also, a bill to create a county court for the county of Echols.
l\fr. Bush, Chairman protem. of the Committee on Spe--cial Judiciary, submitted the following report:

JI-r. Pres-ident :
The Special Judiciary Committee have had under consideration the following bills, which they recommend be read second time, and recommitted to this committee, to -wit:
~ls

322

JOURNAL OF THE SENATE.

A bill to be entitled an act to create a board of commissioners of roads and revenues for Twiggs County.
Also, a bill to be entitled an to provide for the remoyal of all obstructions from the running streams of Forsyth county.
Respectfully submitted. C. C. BGsH, Chairman pro tem.

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

Mr. PresMent:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session:
The following bills of the Senate, taken up under adverse reports, were, on motion, laid on the table, to wit:
A bill to amend section 4349 of the Code of 18~2, and a bill to amend section -1527 of the Code.

The following bills of the Senate were read the second time and passed to a third reading, to wit:
A bill to amend seetion 3837 of the Code, etc., and for other purposes,
Also, a bill to authorize county authorities in counties and municipalities having no chain-g-angs to hire convicts to private persons, etc.
A_lso, a bill to authorize any written instrument to be admitted in evidence when the subscribing witnesses are dead, insane, iucornpet~nt, inaccessible, or, being produced, do not recollect the transection, and for other purposes.

FRIDAY, NovEMBER 29, 1895.

323

Also, a bill to amend section 4310 of the Code.
Also, a bill to regulate hunting and fishing in this State, and for othllr purposes.
.Also, a bill to create a board of commissioners of roads and revenues for Twiggs county, and for other purposes.
Also, a bill to amend an act approved December 18, 189;3,. amending section 1979 of the Code, etc.: was read the second time and recommitted to the General Judiciary Committee.

Mr. Osborne, chairman of the Committee on Railroads,
' submitted the following report:

Mr. Pre~ident :
The Committee on Railroads have had under consideration the following bill of the Senate, which they report back to the Senate that same do pass by substitute, to wit:
Senate bill No. 211, a bill to be entitled an act to amend the act approved December 17, 1892, which provides for the granting of charters for railroads by the Secretary of State, by increasing the limit at which a line of railroad about to be built may parallel an existing line.
The committee have also had under consideration the following bill of the House, which they report back to the Senate, with the recommendation that same do pass as amended, to wit :
House bill No 30, a bill to amend the general railroad law.
The committee have also had under consideration the following bill of the House, which they report back to thP Senate with the re~ommendation that the same do not pass~ to wit:

324

JouRNAL oF THE SENATE.

House bill No. 315, a bill to be entitled an act to authorize the county commissioners, or ordinary in counties where there are no county commissioners, to remove obstructions and put in order railroad crossings where railroad companies do not comply with the notice to do so, and to collect tl:.e costs and expense of such work by issuing execution against such defaulting companies, and for other purposes.
Respectfully submitted. W. W. OsRORNE, Chairman.

The hill of the House to exiend the corporate limits of the city of Waynesboro was read the first time and referred to the Committee on Corporations.

The bill of the House to provide for the removal of all obstructions from the rtinning streams of Forsyth county was read the second time and recommitted.

The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to provide a system of public schools for the town of Oxford, and for other purposes.
Also, a bill to authorize the town council of Bowman to issue bonds, etc., and for other purposes.
Also, a bill to prohibit the sale of liquors in the town of Desoto, Sumter county.
Also, a bill to amend an act approved October 20, 1889, incorporating the town of Meigs, in Thomas county.
Also, a bill to create and organize a board of tax-assessors and receivers for the city of Savannah.
Also, a bill to amend the charter of the city of Dawson, and for other purposes.

FRIDAY, NovEMBER 29, 1895.

. 325

Also, a bill to create a board of fire commissioners for the city of Savannah.
Also, a bill to authorize the mayor and aldermen of Savannah to condemn property for the purpose of widening, extending, and straightening any streets, etc.
Also, a bill to amend section 1291 of the Code of 188,2.
Also, a bill to make the personal earnings of a married woman, when working for any one other than her husband, her separate property and not liable for the debts of her husband.
Also, a bill to create the office of commissioner of pub. lie works in the city of Savannah.
Also, a bill to incorporate the town of Young Harris, iu Towns county.
A resolution for the relief of Willis Fields of Henry county.
The bill of the House to change the regular quarterly term of the city court of Elbert county 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 approve, adopt, and make of force the Code of Laws, prepared under the direction and by authority of the General Assembly ; to provide for the printing and publication of the same, and for making . indices thereto, and for other purposes.
The committee reported in favor of the passage of the bill, with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed, as amended -yeas 34, nays 0.

326

JOURNAL OF THE SENATE.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act to establish boards of medical examiners for the State of Georgia.
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-yeas 27, nays 0.
The following message was received from the House, ihrough Mr. Hardin, the Clerk thereof:

M1. President :
The House has adopted the following resolution of the House, in which the concurrence of the Senate is asked :

\Vhereas, It is inconvenient for the House of Representatives to meet iu joint session this evening at 7 o'clock, owing to the press of business, and that said joint session be postponed until Monday at 12 o'clock.
The resolution mentioned in the foregoing message was, on motion of Mr. Sheppard, taken up and concurred in.

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

Mr. President:
The Committee on Corporations have had under consideration Senate bill No. 252, which thy instruct me to report back for second reading, and to be recommitted.
Respectfully submitted. C. H. BRAND, Chairman.

FRIDAY, NovEMBER 29, 1895.

327

The Senate took up the report of the Committee on Agriculture on the bill of the Senate to regulate the tolling of rice in this State, and for other purposes.

The committee reported in favor of its passage by substitute, which was adopted, anrl the report was agreed to.

The bill was read the third time and passed as amended by substitute-yeas 24, nays 0.

The Senate took up the report of t.be General Judiciary Committee on the bill of the Senate to alter and amend paragraph 2, section 2, article 7 of the Constitution of the "State.

The committee reported in favor of its passage by sub.stitute.

The substitute was amended, on motion of Mr. Brand, by adding after the word "ratification," in the fifteenth line of the second section, the words "exempting school property from taxation."

The report, as amended, was agreed to.

The bill was read the third time, and on the question of its passage, as amended by substitute, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.

Beeks, Bush, Boyd, Brand, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Lewis,

Long, Little, Lumpkin, McMillan, !\Iercer, McGregor, Monro, Norman, Ryals, Roberts,

Sheppard, !'Ianford, Sharpe, Starr, Tatum, Upchurch, Wilson, Wade. Williams. Mr. President.

.JouRNAL oF THJ<~ SENATE.

Those voting in the negative were Messrs.-

:Broughton, Brown, Johnson,

Keen; McGarrity, Osborne,

Snead,

Those not voting were Mes~;rs.-

Bussey, Harris of the &1, Morton,

McClure, Storey, 'Vilcox,

Yeas 30. Nays 7. Not voting 7.

Whitley.

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

Mr. Beeks moved that when the Senate adjourns this day it will adjourn until1 0 o'clock A. M. Monday.

On this motion, the yeas and nays were required and re-corded.

Those voting in the affirmative were Messrs.-

Beeks, Bush, Brand, Cumming, Craigo,

Johnson, Keen, Lewis, McMillan, McGregor,

McGarity, Sharpe, Starr, Tatum, Williams,

Those voting in the negative were Messrs.-

Broughton, Boyd, Brown, Harris of the 12th, Harrison, Long, Little,

Lumpkin, Mercer, Monro, Xorman, Osborne, Ryals, Roberts,

Sheppard, Sanfo.rd, Snead, Wilson, Wade.

Those not voting were Messrs.-

Bussey, Harris of the 3d, Harris of the 22d, Morton,

McClure, Storey, l'pchurcb, Wilcox,

Whitley, Mr. President.

Yeas 15. Nays 19. Not voting 10.

So the motion was lost.

SATURDAY, NOVEMBER 30, 1895.

329'

The Senate, on motion, went into executive session, and; returned to open session.
The following gentlemen were, by resolution, invited to
seats in the Senate, viz: Hon. De\Vitt Bemis, J. H. Mc-
Calla, R. H. Beckham, John E. Herman, and R. B. Bullock; of South Carolina; and J. N. McCalla and Dr. T. 0~ McCalla, ot Georgia; Dr. W. T. Carter of Quitman county~ Georgia; Jas. L. Irick; of Bartow county; Hon. W. W. Fleming, of Calhoun, Georgia; .fudge W. D. Fleming1 of the county of Marion, and Hon. W. W. Fitzgerald, exSenator from the county of Stewart.
The Senate having disposed of all business on the desk of the Secretary, adjourned, on motion, until to-morrow at 10 o'clock A.M.

SENATE CHAMBER, ATLANTA, GEORGIA. Saturday, November 30, 1895, 10 O'clock A. M. The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by the Chaplain.
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. Roberts, chairman of the Committee on the Lunatic Asylum, submitted the following report:
Mr. President: The Committee on the Lunatic Asylum have had under-
consideration Senate bill No. 253, and recommend that it. be read the second time and recommitted.
RuFus "\V. RoBERTS, Chairman.

330

JouRNAL oF THE SENATE.

Leave of absence was granted for this day to :Messrs. Starr, Brand, Keen, Little, McMillan, Beeks, Snead, Lewis, and Johnson, and to Mr. Norman for Monday and Tuesday next.

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

.1lfr. President :
The House has concurred in the Senate amendments to the following bills of the House, to wit:
A bill to more fully protect the game in the Stat~ of Georgia, so as to change the time when deer and other game niay be killed.
Also, a bill to amend an act to prohibit the sale of alcoholic liquors, intoxicating bitters, and intoxicating drugs in the county of Elbert~
Also, a bill to cede to the Unit~d States certain lands and public roads in the counties of Walker and Catoosa.
Also, a bill to establish a system of public schools for the town of Abbeville, and to provide for a board of edueation, and for other purposes.

Mr. Lumpkin submitted the following report :
Mr. P1e.sident:
The Committee on Finance have had under consideration Senate bill No. 259, by Senator Long of the Thirtieth district, to provide for a fixed compensation for insurance commissioner and clerk of insurance department, and for other purposes, which they instruct me to report back, with the request that it be read a second time and recommitted.
W. H. LUMPKIN, Chairman protem.

SATURDAX, NOVEMBER 30, 189.').

331

The hill of the Honse to extend the corporate limits of the city of Waynesboro was read the second time and passed to a third reading.

The following bills of the Senate were read the second time and recommitted, to wit:
A bill to authorize the trustees of the lunatic asylum to discharge \V illiam Schwarz.
Also, a bill to amend an act to incorporate the town of Kingston, and for other purposes.
Also, a bill to provide for a fixed compensation for insurance commissioner and clerk of insurance department, Jtnd for other purposes.
The bill of the House to amend the Constitution of the State by adding a new paragraph to article 6, to be known JlS paragraph 8, so as to change the organization of the Supreme Court, etc., and for other purposes, was read the first time and referred to the General Judiciary Committee.

The resolution of the House approving the. bill now pending in the ~ational Congress for establishing a dry.dock at Key West, Fla., was, on motion, laid on the table.

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

Mr. Prelfident:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit:
Senate bill No. 134, by Senator Roberts of the Twentieth, to he entitled an act to provide for a board of .equalizati' 1, etc.

332

JoURNAL OF THE SENATE.

Also, Senate bill Xo. 158, by Senator Brand of the Thirty-fourth, to be entitled an act to amend section 3554 of the Code of Georgia of 18~2, so as to provide that certain per cent. of said wages shall not be exempt from process of garnishment, etc.
Also, Senate bill No. 168, by Senator Monro of the Twenty-fourth, to be entitled an act to amend section 355-l of the Code of Georgia of 181:12, so as to provide that only two dollars per day, etc., shall be exempt from the proce!;s of garnishment, etc.
Also, Senate bill No. 203, by Senator Mercer of the Xinth, to be entitled au act to require the judges of the superior courts to select and appoint au official organ, etc.
Also, Senate bill No. 217, by 8enator Whitley of the Thirty-sixth, to be entitled an act to transfer the county of Campbell from the Coweta judicial circuit, etc.
They have also considered the following bills, whieh they direct me to report to the Senate, with the recommendati-on that they do pass as amended, to wit :
Senatebill No. 80, by Senator Venable of the Thirtyfifth, to be entitled an act to amend paragraph 1, section 3 of article 8 of the Constitution, etc.
Also, Senate bill No. 182, by Senator Long of the Thirtieth, to be entitled an act to repeal paragraphs 8 and 9 of section 1 of article 5 of the Constitution of Georgia, which refer to the filling of vacancies and unexpired terms in the office of Governor, etc.
Also, Senate bill No. 236, by Senator Harris of the Twenty-second, to be entitled an act to make more specific the crime of barratory, etc.
Also, House bill No. 383, by Mr. Middlebrooks of Newton, to be entitled an act to amend section 534 of the Code of 1882, as amended, etc.

SATURDAY, NovEMBER 30, 189.5.

323

All'!o, Houl'!c bill No. 400, by Mr. Broyles of Fulton, to be entitled an aet to make the the owners of dead animals bury same.

They hav.e also considered the .following bills, which they direct me to report to the Senate, with the recommendation that they be read the second time and recommitted, to wit:
Senate bill No. 229, by Senator Harris of the Twentysecond, to he entitled an act to establish a court of appeals, etc.
Also, Senate bill No. '254, by Senator Brand of the Thirty-fimrth, to be entitled an act to provide for the levy and sale of property when the relation of vendor and vendee exists, etc.
Also, Senate bill No. 262, by Senator Long of the Thirtieth, to be entitled an act to regulate the business of insurance brokers, etc.
They have also considered the following bill, which they direct me to report to the Senate, with the recommednation that introducer be allowed to withdraw, to wit:
Senate hill No. 242, by Senator McGarrity of the Thirty-eighth, to be entitled an act to levy and collect a tax on the amount of money paid in by any person or persons in this State for life insurance, etc.

They have also eonsidered the following bills, which they direct me to report to the Senate, with the recommendation that they do not pass, to wit :
Senate bill No. 62, by Senator Sheppard of the Second, to. be entitled an act to amend paragraph 1, section 12, article 7, and paragraph 2, section 3, article 6 of the Constitution, etc.

;334

Joum>AL oF THE SENATE.

Also, Senate bill Xo. 125, by Senator Whitley of the Thirty-sixth, to be entitled an act to provide for the speedy trial of certaia criminal cases, etc.
Also, Senate bill No. 13i, by eenator Harris of the Third, to be entitled an act to repeal an act approved July 22, 1891, which declares all obligations to pay attorney fees void, etc.
Also, Senate bill No. 145, by Senator Harris of the Twelfth, to be entitled an act to prevent the printing, publishing, selling, offering to sell, or otherwise disposing of books, etc., containing the history of any man popularly known as an outlaw.
Also, Senate bill No. 240, by Senator Mercer of the Ninth, to be entitled an act to make the charging of certain usury a felony, etc.
Also, House bill No. 6, by Mr. Rockwell of Chatham, to be entitled au act to require non-resident fishermen, etc., to pay a license, etc.
Respectfully submitted. N. E. HARRIS, Chairman.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to amend the general Railroad Law of 1892.
The committee reported in favor of its passage by substitute.
The report was agreed to.
The bill was read the third time and passed, as amended, by substitute-yeas 23, nays 0.
Mr. Bush. chairman of the Committee on Special Jndiciary, submitted the following report:

SATURDAY, NOVEMBER 30, 1895.

:335

Mr. Pres-ident :
Your committee have had under consideration the following bill, which they recommend do pass, to wit:
A bill to be entitled an act to repeal an act to cr<>ate_ a county court in each county in the State of Georgia, except certain counties therein JDentioned, approved January 19, 1872.
They have also had under consideration the following bill, which they recommend be read a second time and recommitted to this committee, to wit:
A bill to be entitled an act to -establish the city court of Brunswick in and for the county of Glynn.
Also, a bill to be entitled an act to provide for the election of county commissioners for the county of Berrien.
Also, a bill to be entitled an act to amend an act entitled an act to provide compensation for tho members of the board of roads and revenues for Catoosa county.
Also, a bill to be entitled an act to amend an act entitled an act to create a board of commissioners of roads and revenues in the county of Catoosa, approved March b, 1895.
Also, a bill to be entitled an act to prohibit hunting with dogs and guns, and fishing on the lands of others, in the county of Appling.
Respectfully submitted. C. C. BusH, Chairman protem.

Mr. Long, chairman of the Committee on Banks, submitted the following report:

Mr. Pres-ident:
Your committee bas had under consideration the following bil1, by Mr. Long of the Thirtieth District, No. 260, which they recommend do pass, to wit :

JOUR:s"AL OJ<' THE SENATE.

A bill to be entitled an act to require banks chartered
under the laws of this State, where their capital stock is impaired, t~ make the same good by transfer from the surplus or individual profits thereof to the capital stock, a~d
for other purposes

Also, a bill by Mr. Willingham of Monroe, No. 560, which they recommend do pass.

Also, a bill to be entitled an act to amend an act incor-

porating the Monroe Banking, Loan aod Guarantee Com-

pany.

Respectfully submitted.

X. G. LoNG, Chairman.

The following bills of the Senate, taken up for a third reading, were laid on the table, to wit:
A bill to provide for a board of equalization of real and personal property, etc.

Also, a bill to authorize justices of the peace and notaries

public to preside in certain cases in other districts than

those to which elected Clr appointed.

Also, a bill to amend an act, approved October 16, 1891,

to authorize the judge in the superior court of this State,

in any case of seduction or di \'Orce or other case where the

evidence is vulgar or obscene, to hear and try the case after

clearing the court of all or any portion of the audience,

and for other purposes.



The Senate took up the report of the Gene~al Judiciary

Committee on the bill of the Senate to amend section 4310

of the Code, so as to allow the county authorities in this

State to hire misdemeanor cconvicts to private persons, and for other purposes.

The report was agreed to.

The bill was read the third time and passed-yeas 23,

nays 0.

SATURDAY, NOVEMBER 30, 1895.

:137

The Senate took up the report of the Special Judiciary .Committee on the bill of the Senate to provide for the protection of the cemetery reserve in the city of Macon, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 23, nays 0.

The bill of the Senate to prohibit non-residents from -camp-hunting in the county of Dade was taken up for a third reading and laid on the table. -
The Senate took up the report of the General Judiciary -Committee on the billofthe Senate to authorize any written instrument to be admitted in evidence when the subscribing witnesse" are dead, insane, incompetent, inaccessible, or, being produced, do not recollect the transaction, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.
The Senate took up the report of the General Judiciary -Committee on the bill of the Senate to amend section 3837 -of the Code of 1882, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted, and the repprt was .:agreed to.
The bill was read the third time and pass as amendedyeas 23, nays 0.
The bill of the Senate to authorize county authorities, in -whose counties there are no municipal or county chain-
22s

338

JouRNAL oF THE SENATE.

gangs, to hire out misdemeanor convicts to private individuals, upon such terms and restrictions as may subserve theends of justil:le, and to provide for the distribution of themoney arising therefrom, and fot other purposes, was taken up for a third reading and laid on the table, the report having been agreed to and the bill read the third time.

Mr. Sheppard, chairman p1o tern. of the Committee on Engrossing, submitted the following report:

Jf?. President :
Your committee on Engrossing have had under examination the following bills, which were found properly engrossed and ready to be transmitted to the House of Representatives, to wit:
A bill to be entitled an act to amend an act entitled an act to establish a hoard of medical examiners for the State o( Georgia, to define their duties and powers, and for other purposes, approved December 12, 1894.
Also a bill to be entitled an act to approve, adopt and make of iorce the Code of Laws prepared under the direction and by authority of the General Asssembly, to provide for the printing and publication of the same, and for making indices thereto, and for other purposes.
Also, a bill to be entitled an act to regulate the tolling of rice in this State, to provide a punishment for unlawful tolling of the same, and for other purposes.
\
Also, a bill to be entitled an act to place county and municipal chain-gangs under the control and supervision of the Governor and the penitentiary department, to provide for their regular inspection, and for other purposes.
A bill to be entitled an act to amend section 708 of the Code, which relates to the duties of railroads at public road

SATURDAY, NovEMBER 30, 1895.

339

crossings, by requiring the locomotive beli to be rung, and striking out the requirement to check and keep checking the speed thereof, so as to stop, should any person or thing be crossing the track on the public road, and for otlier purposes.
Respectfully submitted. Y.{. W. SHEPPARD, Chairman protem.

Mr. Bush, chairman pro tern. of the Committee on Special Judiciary, submitted the following report:
Mr. President:
The Special Judiciary Committee have had under considm-ation the following bill, which they report back, with the recommendation that the same do pass, to wit:
A bill to be entitled an act to create a board of commissioners of roads and revenues for Twiggs county.
Your committee have also had under consideration the following bill, which tbey recommend do not pass, to wit :
A bill to be entitled an act to abolish the city cGurt of Jackson county.
Respectfully submitted. C. C. BusH, Chairman pro terll.

The Senate took up the report of the Committee on Railroads ou the bill of the House to amend the general railroad law.
The committee reported in favor of the passage of the bill with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended -yeas 23, nays 0.
The Senate took up the report of the General Judiciary

3-10

JouRNAL OF THE SENATE.

Committee on the bill of the House to amend section 1291 of the Code of 1882, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 23, nays 0.

On motion of Mr. Monro, the following bill of the Senate was taken from the table, to wit :
To authorize county authorities in whose counties there are no municipal or county chain-gangs to hire out misdemeanor convicts to private individuals, upon such terms and restrictions as may subEerve the ends of justice, and to provide for the distribution of the money arising therefrom, and for other purposes.
On motion of Mr. Mercer, the previous action of the Senate on this bill to-day was reconsidered, when he proposed the following amendment to the report, which was adopted and the report was agreed to, to wit:
Amend section in the last line by striking out the following word after the words "treasury," viz. : "to be appropriated to the payment of insolvent costs."
The bill as amended was, on motion, again laid on the table.
The bill of the Senate to requite banks chartered by this State, where the capital stock is impaired, to make good the same, ' and for other purposes, was taken up for a third reading and laid on the table.

The bill of the House to amend an act incorporating the Monroe Banking, Loan and Gnarantee Company was read the second time and passed to a third reading.

The Senate took up the report of the Special Judiciary

SATURDAY, NovEJ\IBER :30, 1895.

341

Committee on the bill of the House to amend the charter of the city of Dalton, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed-yeas 23,
nays o..

The bill of the House to make the personal earnings of a married woman, when working for any one other than her husband, her separate property, etc., which was taken up for a third reading, was, on motion, laid on the table.

By resolution of Mr. McGregor, Lieutenant Governor Timmerman of South Carolina was invited to a seat in the Senate during his stay in this city.

The Senate took up the report of the Committee on Corporations on the bill of the House to create a board of fire commissioners for the city of Savannah.
The report was agreed to.
The bill was read the third time and passed-yeas 23, nays 0.

Mr. Bush, chairman pro tem. of the Committee on Special Judiciary, submitted the following report:

Mr. President :
The Committee on Special Judiciary have had under consideration the following bill, which they recommend do pass as amended, to wit :
A bill to be entitled an act establishing a new charter for the city of Covington.
Respectfully submitted. C. C. BusH, Chairman pro tern.

342

JOURNAL OF THE SENATE.

The following bills of the Senate were read the second time and passed to a third reading, to wit :
A bill to make more specific the crime of barratry in this State, etc., and for other purposes.
Also, a bill to amend paragraph 1, section 3 of article 8 of the Constitution.
Also, a bill to amend section 3554 of the Code, and for other purposes.
Also, a bill to require the judges of superior courts to select and appoint an official organ in the several counties, and for other purposes.
Also, a bill to repeal paragraphs 8 and 9 of section 1 of article 5 of the Constitution of Georgia, and for other purposes.
Also, a bill to amend section 3554 of the Code of 1882, and for other purposes.
Also, a bill to transfer the county of Campbell from the Coweta judicial circuit.

The following bills of the Senate were read the second time aud re~ommitted, to wit :
A bill to establish a court of appE>als, and for ~ther purposes.
Also, a bill to provide for the levy and sale of property when the relation of vendor and vendee exists, authorizing the sale ofthe vendee's interests und.er his bond for title or contract of purchase.
Also, a bill to regulate the business of insurance brokers in this State.
The bill of the House to authorize the mayor and aldermen of Savannah to condemn property for widening, ex-

SATURDAY, NOVEMBER 30, 1895.

343

-tending, or straightening streets, which was taken up for a i;hird reading, was laid on the table, the report having been .agreed to and the bill read the third time.

Leave of absence for Monday next was granted Messrs. ~umming and McGregor.
By general consent, Mr. Broughton introduced the following bills, which were read the first time and referred to the Committee on Railroads, to wit :
A bill to require the several railroad companies in this .State to accept and haul, upon equal terms, from railroads with which they connect, sleeping-cars and passenger.(lOaches destined to points on or beyond the lines of such railroads, and provide penalties for a refusal to do so, and punish persons for violating this act.
Also, a bill to prevent ail discrimination, and to provide for equal facilities and advantages being afforded by all railroad companies doing business in this State to all railroad .(lOmpanies, within or without the State, with which they immediately or mediately connect, and for other purposes.
Also, a bill to regulate the movement of cars, trains, and traffic between lines connecting within this State, etc., and -for other purposes.

Mr. Wilson, by general consent, introduced the following bill, which was read the first time and referred to the -General J udiciliry Committee, to wit:
A bill to amend section 926 of the Code of 1882, etc.
The Senate, having disposed of all business on the desk -of the Secretary, adjourned, on motion, until 10 o'clock A.M. Monday.

:144

JOURNAl~ OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA.
Monday, December 2, 1895, 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, Bussey, Boyd, Brand, Brown, Harris of the 3d, Harris of the l::!th, Harris of the 22d, Harrison, Keen, Lewis,

Long, Little, Lumpkin, McMillan, Mercer, Monro, Morton,
~fcGllrrity,
McClure, Osborne, Ryals, Roberts,

Those absent were Messrs.-

Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, 'Vilson, Wade, Whitley, Williams, Mr. President.

Bush, Cumming, Craigo,

Johnson, McGregor, Norman,

Storey, Upchurch, Wilcox.

Mr. Harris, chairman of the Committe on Jomnals, reported the Journal correct.

It was then read and confirmed by the Senate.

Mr. Venable, the President, offered the following resolution, which was taken up, read, agreed to, and ordered to be immediately transmitted to the House, to wit :

A resolution asking an appropriation from the Government of the United States for a roadway from Atlanta to McPherson Barracks, etc.

Mr. Harris of the Third District introduced the following bill, which was read the first time and referred to the General Judiciary Committee, to wit:

MoNDAY, DECEMBER 2, 1895.

345-

A bill to amend an act approved December 20, 1893, by striking out the figures "50" immediately after the word " than" in the last line of section the first of said act, and inserting in lieu thereof the word "ninety," and for other purposes.
The following bills of the House were read the second time and recommitted, to wit:
A bill to amend an act to provide compensation for mem-bers of the board of roads and revenues for Catoosa county.
Also, a bill to provide for the election of county commissioners for the county of Berrien.
Also, a bill to establish the city court of Brunswick, and. for other purposes.
Also, a bill to prevent hunting with dogs and guns and fishing on the lands of another in the county of Appling,. and for other purposes.
Also, a bill to amend an act to create a board of commissioners of roads and revenues in the county of Catoosa, approved March 5, 1875.
Also, a bill to change the county site of Fannin county from Morg-anton to Blue Ridge, and for other purposes.
The bill of the Senate to amend paragraph 1, section 3of article 8 of the Constitution, and for other purposes, was taken up for a third reading and laid on the table.

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

A bill to repeal the county court act as it applies to thecounty of Glynn.
Also, a bill to make the owners of dead animals bury them.

.346

JOUR~AI, OF THE SENATE,

Also, a bill establishing a new charter for the city of Covington.

The bill of the Senate to amend section 3554 of the Code of Georgia of 1882, and for other purposes, which was taken up for a third reading; was, on motion, laid on the table.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section .3554 of the Code of Georgia of 1882, etc.
The report was disagreed to and the bill was lost.

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

Mr. President :
The Committee on Corporations have had under considation the following Senate bill, which they direct me to report, with the recommendation)hat it do pass as amended:
A bill to amend an act entitled an act to incorporate the town of Kingston, and for other purposes.

They direct me to report the following House bills, with recommendation that the same do pass, the proof being .correct":

A bill to be entitled an act to incorporate the town of Douglas, in the county of Coffee, to define the corporate limits of said town, to provide for the election of mayor and aldermen for the government thereof, and for other purposes.
Also, a bill to be entitled au act to authorize and empower the mayor and council of the town of Decatur, in the county of DeKalb, to provide for the registration and

MoNDAY, DECEMBER 2, 1895.

347

license of every trade, business, calling, avocation, or pro-

fession prosecuted and carried on within the incorporate limits of said town.

Respectfully submitted.

C. H. BRAND, Chairman.

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

Mr. Pre8ident:
The House has passed the following bills of the Hou~e by the requisite constitutional majority, to wit:

A bill to regulate and fix the office hours of the Treasurer of Fulton county.
Also, a bill to repeal an act approved February 17, 1877, to authorize the ordinary of Spalding county to keep his .office and records and hold court at a place other than the eourt bouse.
Also, a bill to provide for the appointment of a clerk of the county court of Effingham county.
The House has also adopted the following resolution of the House, in which the concurrence of the Senate is asked, to wit:
A resolution condemning any movement looking to a union of church and state.
Also, a bill to authorize the town council of Hogansville to issue bonds for public school purposes.
Also, a bill to incorporate the town of Battle Hill, and for other purposes.
The bill of the Senate to require the judges of the superior courts to select and appoint an official organ in the

348

JouRNAL oF THE SENATE.

several counties, and for other purposes, which was taken up for a t:1ird reading, was laid on the table.
The bill of the House to repeal an act approved February 7, 1877, to authorize the ordinary of Spalding county to keep his office and records and bold his courts at a place other than at the court house of said county, was read the first time and referred to the General Judiciary Committee.
The bill of the Senate to transfer the county of Campbell from the Coweta circuit, which was taken up for a third reading, was, after agreeing to the report thereon and the third reading of the bill, on motion, laid on thetable.
The bill of the Senate to repeal paragraphs 8 and 9 of section 1 of article 5 of the Constitution, etc., which was taken up for a third reading, was, ou motion, laid on the table.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to make more specific the crime of barratry in this State, etc., and for other purposes.
The committee reported in favor of its passage, with an amendment which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended -yeas 27, nays 0.

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

Mr. President:
'fhe Governor has approved the following acts and resolutions of the General Assembly, to wit:
An act to anthorize the city council of Augusta to in-

MoNDAY, DEcEMBER 2, 18!J5.

349

<Jrease its water supply by constructing waterworks beyond the corporate limits of the city of Augusta, etc.
Also, an act to amend an act of the General Assembly of Georgia, approved October 22, 1887, by striking the word "fishing" from the first line of the title of said act, .and to repeal the l'lecond section of said act, and for other purposes.
Also, an act to amend an act establishing a new charter for the city of Madison, approved October 6, 1891.
Also, an act to amend an act incorporating the city of Cartersville, approved August 27, 1872.
Also, a resolution authorizing and directing the Comptroller-General to reopen tht> matter of assessmt>nts of tht> Postal Telegraph and Cable Company.

The Senate took up the report of the Committee on Banks on the bill of the Senate to require banks chartered under the laws of this State, where the capital stock is impaired, to make the same good by transfer from the surplus or undivided profits thereof to the capital stock, or if there is no surplus or undivided profits, or not enough to make good the capital stock, then by an assessment upon the stockholders, and for other purposes.
Mr. Long proposed to amend the report of the committee as follows :
SECTION 3. Be it further enacted by the authority of the same, That whenever the bank examiner finds that a bank chartered by the laws of this State is not in a solvent condition, he shall immediately report the condition of the bank to the Governor, and it shall be the duty of the Governor to place said bank in the hands of some competent person, who shall give bond in an amount to be fixed by the Governor for the faithful discharge of his duties, and

350

JOURNAL. OF THE SENATE.

said person so appointed shall immediately take charge of the busineS;'! of said bank, collecting its assets and paying of the liabilities under such rules as the Governor may make, as if said per:;on so appointed had been appointed by the court as the receiver of such corporation.
The amendn1ent of Mr. Long. was adopted.
The report as amended was agreed to.
The action of the Senate on this bill was reconsidered, when, on motion of Mr. Harris of the Twenty-second District, the amendment of Mr. Long was amended as follows:
Strike the words in parenthesis and "insert in lieu thereof the words, "to direct the Attorney-General to institute proceedings at once to put the bank in the bands of." Strike "Governor," in fifth line, and insert "cunrt."
The report as amended was agreed to.
The bill was read the third time and passed, as amendedyeas 25, nays 0.

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

Mr. President:

The Committee on Corporations have had under consideration the following Senate bill, which they direct me to report, with the recommendation that it do pass, to wit:

A bill to be entitled an act to amend the charter of the

city of Macon, to change the term of mayor, and for other

purposes.

Respectfully submitted.

C. H. BRAND, Chairman.

MoNDAY, DECEMBER 2, 1895.

351

Mr. Boyd, chairman of the Temperance Committee, submitted the following report :

Mr. President:
Your Committee' on Temperance have had under consideration the following House bill, which they recommend do pass, to wit:
A bill to be entitled an act to amend the charter of Roberta, so as to prohibit the sale of any brandy, whisky, rum, gin, wine, beer, or any intoxicating liquors of any kind, and for other purposes.
Respectfully submitted. W. G. BoYD, Chairman.

The bill of the House to authorize the mayor and alder- men of Savannah to condemn property for widening, extending, or straightening streets, which was taken up for a third reading, was laid on the table.
The bill of the Senate to authorize county authorities in counties where there are no county or municipal chaingangs to hire misdemeanor convics to private persons, which was taken up for a third reading under report of the General Judiciary Committee, was amended, on motion of Mr. Munro, as follows:
Amend section 2, in the last line, by striking out the following words, to wit : "to be appropriated to the payment of insolvent costs."
The report as amended was agreed to.
The bill was read the third time, and pending the question of its passage as amended, was, on motion of Mr. Munro,, laid on the table.

352

JOURNAL OF THE SENATE.

Mr. Brown introduced a joint resolution memorializing Congress to appropriate public lands, etc., to the purposes of education, which was read the first time and referred to the Committee on the State of the Republic.
Leave of absence was granted Messrs. Johnson, McGregor, and Bush.
Mr. Sheppard introduced a resolution, which was agreed to, inviting the Hon. R. M. Martin to a seat in the Senate during his stay in this city.

The Senate took up the report of the General Judiciary -committee on the bill of the Senate to amend an act approved October 15, 1891, to authorize the judge in the superior court in any case of seduction or divorce, or other ease where the evidence is vulgar or obscene, to hear and try the ease after clearing the court of all or any portion of the audience, and for other pu_rposes.
The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.

At the hour of 12 o'clock, meridian, the President announced that the time had arrived for the two Houses to meet in joint session.

The members of the Senate, 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.
The Secretary, by direction of the President, read the joint resolution convening the General Assembly in joint

MONDAY, DECEMBER 2, 1895.

353

session, which was a resolution inviting the Hon. S. D. Bradwell to address the General Assembly in regard to the State Normal School at Athens.
The Hon. S. D. Bradwell, being introduced, addressed the General Assembly. At the close -of his address, the joint session was, on motion, dissolved.
The Senate returned to its chamber, and being called to order by the President, resumed the regular business of the day.
The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend an act to incorporate the town of Kingston, in Bartow county, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, yeas 25, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of Macon, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, yeas 27, nays 0.
The Senate t.ook up the report of the Committee on Temperance on the bill of the House to amend the charter of the town of Roberta, 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, yeas 24, nays 2.
2Ss

354

JouRNAL OF THE SENATE

The Senate took up the report of the Special Judiciary Cimmittee on the bill of the House to amend an act to create a board of commissioners of roaps and revenues for the county of Webster.
Proof of legal notice wAs submitted. 'The report was agreed to. The bill was read the third time and passed, yeas 26, nnys 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act approved October 20, 1889, incorporating the town of Meigs, in Thomas county.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, yeas 24, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend an act approved December 4, 1~93, which authorizes the board of -commissioners of Washington, Georgia, to issue and sell bonds for school purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed, yeas 26, :nays 0.
The Senate took up the report of the Committee on Banks on the bill of the House to amend an act to incor.porate the Monroe Banking, Loan and Guarantee Com:pany.
The report was agreed to. The bill was read the third time and passed, yeas 25, mays 0.

TUESDAY, DECEMBER 3, 1895.

355

The Senate took up the report of the Committee on Corporations on the bill of the House to create the office of commissioner of public works in the city of Savannah, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed-yeas 26, nays 0.
The Senate, on motion, adjourned until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Tuesday, December 3, 1895, 10 O'clock A. M.

The Senate met pursuant to adjournment, the President
pro tem., Mr. Starr, 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 the 3d, Harris of the 12th, Harris of the 2211, Harrison, Johnson, Keen,

Lewis. Long, Little, Lumpkin, McMillan, Mercer, Monro, McGarrity, McClure, Norman, Osborne, Ryals, Roberts, Sheppard,

Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Bush,

McGregor,

Morton.

356

JoURNAL OF THE SENATE.

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

Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to amend the charter of the town of Cairo, in the county of Thomas.
Also, a bill to add the city of Blackshear to the list of State depositories.
Also, a bill to amend the charter of the town of Camilla, so as to provide for a dispensary for said town.
The House bas concurred in the following resolution of the Senate, to wit ;
A resolution reopening the assessment of the Savannah street railroad.
The House has also concurred in the Senate amendment to the following bill of the House, to wit:
A bill to create a board of education for the town of Lithonia, and to prescribe its power and duties, and for other purposes.
On motion of Mr. Harris, of the Twenty-second district, the action of the Senate in passing the bill of the Senate to amend the charter of the city of Macon, and for other purposes, was reconsidered.
This bill was then taken up and put upon its passage, when he offered the following amendments, which were adopted, to wit:

TUESDAY, DECEMBER 3, 1895.

357

On motion of Mr. Long, the bill was amended as follows:
1st. By adopting the amendments spread on the Journal ()f yesterday ; and 2d. To amend section 3 by striking out the word "Governor," in the tenth line, and substituting the word "court." 3d. Also, by striking out all of the tenth and eleventh lines, beginning with the word "as."
The report, as amended, was agreed to.
The bill was read the third time and passed as amendedyeas 34, nays 0.

Mr. Cumming, acting chairman of the Corporation Committee, submitted the following report :
M'r, President: The Committee on Corporations have had under consid-
eration the following bill, which they direct me to report back, with a recommendation that the same do pass as .amended, to wit :
House bill No. 380, by Mr. Johnson of Hall, to provide for the change of the names and principal officer, of certain -corporations.
Also, House bill No. 363, by Mr. Reese of Floyd, to repeal the act incorporating the village of Haynie, which they direct me to report, with the recommendation that the .same do pass. Proofs have beeri examined and found correct.
BRYAN CuM:r.nNG, Acting Chairman.

Mr. Lewis submitted the following report: ,.
.Mr. Pre8ident :
The Finance Committee have had under consideration a bill, No. 241, to be entitled an act to provide for the sale or lease of the Northeastern Railroad to confer certain pow-ers, etc., and recommend that it do pass as amended.

358

JOURNAL OF THE SENATE.

Amend by adding the following to section 2 of the bill, to come in at the end thereof:
"Also, the first section of the act approved December 13, 1894, amending the said twenty-seventh section of said charter, providing for the appointment of standing committees and the filling of vacancies, etc., therein, shall be and the same is hereby repealed, and the following enacted in lieu thereof:"
"The permanent or standing committees of council shall be designated by the mayor at the first regular meeting after the organization of council in each year, or as soon thereafter as practicable. All vacancies in commit~ees shall be filled by the mayor.
" Resignations of any members of council, either from the standing committees or from the council itself, and all resignations of the members of any of the boards of the city, shall be addressed to the mayor of the city and disposed of by him. The resignation of the mayor shall be addressed to the council."
Also, the twenty-second section of said charter, which prescribes the duties of the mayor, etc., as aforesaid, shall be and the same is hereby further amended by striking from the sixteenth and seventeenth lines thereof the words, "but shall not preside over the same."
The report, as amended, was agreed to.
The bill was read the third time and passed as amendedyeas 34, nays 0.

On motion of Mr. Long, the action of the Senate on yesterday in passing the bill of the Senate as amended, to wit: a bill to require banks chartered under the laws of this State to make good the impaired value of the capitat stock, etc., was reconsidered and taken up upon its passage.

TUESDAY, DECEMBER 3, 1895.

359

Also, a bill, No. 259, to be entitled an act to provide for a fixed compensation for insurance commissioner, and recommend it do pass as amended.
Respectfully submitted. C. B. LEWIS, Chairman.

Mr. Whitley, chairman of the Committee on Engrossing, submitted the following report :
Mr. President:

The Committee on Engrossing have examined the following Senate bills and direct me to report the same properly engrossed and ready to be transmitted to the House.

A bill to be entitled an act to amend an act approved October 15, 1891, to au~.horize the judge in superior courts of this State to clear the court room in cases of seduction, divorce suits, or other case where the evidence is vulgar or Qbscene.
Also, a bill to be entitled an act to make more Apecifi~ the crime of barratry in this State, and for other purposes.
Also, a bill to be entitled an act to amend an act incorporating the town of Kingston, in Bartow county, and for other purposes.
Respectfully submitted.
T. R. WHITLEY, Chairman.

Mr. Whitley, chairman of the Committee on Engrossing, submitted the following report :
Mr. President:

The Committee on Engrossing have examined the following Senate bills and direct me to report the same prop-

360

JOFRNAL OF THE SENATE.

erly engrossed and ready to be transmitted to the House of Representatives.
A bill to be entitled an act to alter and amend article 7, section 2, paragraph 2 of the Constitution of the State of Georgia, so as to enlarge the exemptions from taxation touching all buildings erected for and ur;ed as a college, incorporated academy, or other seminary of learning, and for other purposes.
Also, a bill to be entitled an act to amend section 4310 of the Code, so as to permit the county authorities in this State to hire misdemeanor convicts to private persons.
.A.lso, a bill to be entitled an act to provide for the protection of the cemetery reserve in the city of Macon, and for other purposes.
Also, a bill to be entitled an act to authorize any written instrument to be admitted in evidence when the subscribing witnesses are dead, insane, incompetent, inaccessible, or being produced do not recollect the transaction, and for other purposes.
Also, a bill to be entitled an act to amend section 3837 of the Code of 1882, relating to cases in which the subscribing witnesses must be produced with certain stated exceptions, and for other purposes.
Also, a bill to be entitled an act to create a board of commissioners of roads and revenues for Twiggs county, and for other purposes.
Also, a bill to be entitled an act to amend an act entitled an act t(l carry into effect article 3, section 7, paragraph 18 of the Constitution.
Also, a resolution asking an appropriation from the government for a roadway from Atlanta to McPherson Barracks, etc.
Respectfully submitted. T. R. WHITLEY, Chairman.

TUESDAY, DECEMBER 3, 1895.

361

Mr. Wilson, chairman pro tern. of the General J ndiciary Committee, submitted the following report :

Mr. President:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, with a recommendation that they do pass, to wit :
Senate bill No. 239, by Senator Starr of the Forty-third, to be entitled an act for the levy and sale of property when
the defendant in fl. fa. has an interest, etc.
Also, Senate bill No. 247, by Senator Wilcox of the Fifteenth, to be entitled an act to create a board of commissioners of roads and revenues for the county of Irwin, -etc.
Also, Senate bill No. 269, by Senator Wilson of the Fifth, to be entitled an act to amend section 926 of the Code, etc.

They have also considered the following hill, which they -direct me to report to the Senate, with the recommendation that it do pass as amended, to wit :
House bill No. 563, by Mr. Barley of Spalding, to be -entitled an act to repeal an act approved February 17, 1877, etc.
They have also considered the following hill, which they -direct me to report to the Senate, with the recommendation that it do pass by substitute, to wit :
Senate bill No. 235, by Senator Venable of the Thirtyfifth, to he entitled an act to amend an act approved December 18, 18931 amending section 1979 of the Code, etc.
They have also considered the following bills, which they

362

JOURNAL OF THE SENATE.

direct me to report to the Senat~, with the recommendation that they be read a second time and recommitted, to wit:
Senate bill No. 265, by Senator Long of the Thirtieth, to be entitled an act to permit the State as the owner of the Northeastern Railroad to be sued, etc.
Also, House bill No. 48.5, by Mr. Fleming ot Richmond,
to be entitled an act to amend the Constitution of the State by adding a new paragraph to article 6, section 2, to be known as paragraph 8, etc.
Respectfully submitted.
LEON A. WILSON, Chairman pro tem.

Mr. Harris, of the Third district, chairman of the Special Judiciary Committee, submitted the following report:
Mr. Pre8ident :
The Special Judiciary Committee have had under consideration the following House bills, which they recommend do pass, to wit :
A bill to repeal an act to create a county court in each county in the State of Georgia, except certain counties therein mentioned, approved January 19, 1872, so far as the same applies to the county of Coffee.
Also, a bill to establish the city court of Coffee in andl for the county of Coffee, and for other purposes.
Also, a bill to prohibit hunting with dogs and guns and fishing on the lands of others in the county of Appling.
Also, a bill to establish the city court of Brunswick in and for the county of Glynn.
Respectfully submitted. S. R. HARRIS, Chairman.

TUESDAY, DECEMBER 3, 1895.

363

Mr. Broughton, chairman of the Committee on Agriculture, submitted the following report :

Mr. President :
The Committee on Agriculture have had under consideration House bill No. 530, to repeal an act for the protection of fish in the waters of Berrien county, and they instruct me to report the same back to the Senate, with the recommendation that the same do pass.
Also, a bill, by Senator McGarrity of the Thirty-eighth district, to be entitled an act to amend an act regulating sales of fertilizers in this State, to fix a method for determining the value of the same, approved December 27, 1890, by amending section 5 thereof, so as to require the ordinary, after he has received the analysis from the State chemist on any sample he has sent said chemist, to at once send the State chemist the names and brands of all samples thus sent, and for other purposes, and they instruct me to report the same baek, with the recommendation that it do pass as amended.
Also, a bill, by Senator McGarrity of the Thirty-eighth district, to be entitled an act to amend an act entitled an act or general law as to inspection, analysis, and sale of fertilizers, approved October 19, 1891. Section 1 shall be so amended that no manufacturers of, or dealers in, commercial fertilizers or chemicals shall be allowed to sell but one brand or name from the same formula and same analysis, and they instruct me to report the same back, with the recommendation that it be read the second time and recommitted.
Also, a bill, by Senator Sheppard of the Second district, to be entitled an act to regulate hunting and fishing in this State, to provide for posting lands, to prescribe a punishment for the violation of the provisions of thi.s act, and for

364

JOURNAL OF THE SENATE.

other purposes, and they instruct me to report the same back to the Senate, with the recommendation that it do pass as amended.
Respectfully submitted. WM. A. BROUGHTON, Chairman.

The Senate took up the report of the Finance Committtee on the bill of the Senate to amend section 2 of an act to fix the salary of the State librarian and assistant librarian, approved October 29, 1889.
The report was favorable to the passage of the bill.
Mr. Harris, of the Third district, moved to amend the report by striking out from the fourth line of section 1 the words "eight hundred," and the words " one thousand" from the sixth line, and inserting in lieu of the last words the words "six hundred."

On this question the yeas and nays were required and recorded.

Those voting in the affirmative were Messrs.-

Brown, Harris of the 3d, Harrison, .Johnson,

Keen, :1\lcGregor, McGarrity,

Sharpe, Tatum, Upchurch.

Those voting in the negative were Messrs.-

Beeks, Broughton, :Bussey, Boyd, Brand, Cumming, Harris of the 12th, Harris of the 22d, Lewis, Long,

Little, Lumpkin, McMillan, Mercer, Monro, Morton, McClure, Norman, Osborne, Ryals,

Roberts, Sheppard, Storey, Snead, Starr, Wilson, Wilcox, Wade, Whitley, Williams.

TUESDAY, DECEMBER 3, 1895.

365

Tho~e not voting were Messrs.-

Bush, Craigo,

Sanford,

:Mr. President.

Yeas 10. Nays 30. Not voting 4.
sl) the amendment was not adopted.

The question recurred on the passage uf the bill, and the yeas and nays thereon were recorded.

The bill was read the third time.

Those voting in the affirmative were Messrs.-

Beeks, Bussey, Boyd, Brand, Harris of the 22d, Lewis, Long, Little,

Lumpkin, Mercer, Morton, Norman, Ryals, Roberts, Sheppard, Snead,

Starr, Wilson, Wilcox, Wade, Whitley, Williams, Mr. President.

Those voting in the negative were Messrs.-

Broughton, Brown, Cumming, Harris of the 3d, Harris of the 12th, Harrison,

Johnson, Keen, McMillan, McGregor, Monro, McGarrity,

McClure, 08borne, Storey, Sharpe, Tatum, Upchurch.

Those not voting were Messrs.-

Bush,

Craigo,

Sanford.

Yeas 23. Nays 18. Not voting 3. So the bill was passed by a constitutional majority.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report:
Mr. P1esident: The Committee on Corporations have had under conside-

366

JOURNAL OF THE SENATE.

ration the following House bills, which they direct me to report back, with the recommendation that they do pass as amended, the proof being correct.

A bill to be entitled an act to incorporate the town of Alto, in the counties of Banks and Habersham.

Also, a bill to be entitled an act to extend the corporate

limits of Waynesboro.

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. Beeks, chairman of the Committee on Education, submitted the follo~ing report:

Mr. President:
Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same do not pass, to wit :
A bill to creat~ a commission to secure manuscript of text-books to be used in the common schools, and for other purposes.
Also, a bill to provide for three conductors to conduct the teachers' county institutes in the State of Georgia, and for other purposes, which they recommend the introducer have leave to withdraw.
Respectfully submitted. WALTER U. BEEKS, Chairman.

Mr. Long, by general consent, introduced a bill which was read the first time and referred to the Committee on Railroads, to wit:
A bill to authorize the Governor to relinquish all claims of the State to the Blue Ridge and Atlantic Railroad, under certain conditions therein named, and for other purposes.

. TUESDAY, DECEMBER 3, 1895.

367

Mr. Harris, of the Third district, offered a resolution for the relief of the South Brunswick Railroad Company, which was read the first time and referred to the Committee -on Finance.
The bill of the Senate to regulate hunting and fishing in this State, etc., and for other purposes, which was taken up for a third reading, was, on motion, laid on the table, the report of the committee having been agreed to and the bill read the third time.

Mr. Roberts introduced a bill to amend an act, approved December 15, 1893, permitting Confederate soldiers to ped-dle without license, etc., which was read the first time and referred to the Finance Committee.

By reaolution of Mr. Lumpkin, Captain J. T. Morton was invited to a seat in the Senate during his stay in this -city.

By resolution of Mr. Brown, the Hon. B. F. Miller of &uth Carolina, was tendered a seat in the Senate during his .stay in this city.

The Senate took up the report of the Committee on Agriculture on the bill of the Senate to prohibit any non-resi-dent person or persons from camp-hunting in the county of Dade, and for other purposes.
The report was agreed to.
Proof of legal notice was submitted.
The bill was read the third time and passed-yeas 30, .nays 0.

The Senate took up the report of the General Judiciary <Jommittee on the bill of the House to make the owners of -dead animals bury them.

368

JOURNAL OF THE SENATE.

The committee reported in favor of the passagP. with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed ~s amended -yeas 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 create a county court in each county in the State, etc., so far as the same applies to the county of Glynn.
The report was agreed to.
The bill was read the third time and passed-yeas 28, Days 0.

The Senate took up the report of the Committee on Tempera~ce on the bill of the Honse to prohibit the sale of spirituous, alcoholic, malt, and intoxicating liquors, etc., in the town of Desoto, in Sumter county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Honse to incorporate the town of Young Harris, in Towns county, Georgia.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 25, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to fix permanently the

TuESDAv, DECEMBER 3, 1895.

~69

title and lstatus of the piece of ground on the southeast corner of South Broad and Abercorn streets in the city of Savannah, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed-yeas 27, nays 0.
The .Senate took up the report of the Committee on Education on the bill of the House to provide a system of public schools for the town of Oxford, in the county of Newton.
The report was agreed to.
Proof of legal notice was submitted.
The bill was read the third time and passed-yeas 28, nays 0.

The Senate took np the report of the o~mmittee on Education on the bill of the House to amend an act to aut.horize the town of Hongansville, in Troup county, to organize and maintain a public school system, 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 34 nays 0.

The Senate took culture on the bill

up of

the report Senate to

orefgtuhleatCeomhumnittitnege

on Agriand fish-

ing in this State, etc., and for other purposes.

The committee reported in favor of its passage, with amendments, which were adopted.
248

370

JOURNAL OF THE SENATE

The report was amended, on motion of Mr. Harris of the Third district, to wit : Amend by adding at the last of section 2 the following proviso: "that this act shall not apply to counties having local legislation upon the subject of hunting and fishing."

The report, as amended, was agreed to.

The bill was read the third time, and on the question of its passage as amended, the ayes and nays were required and recorded.

Those who voted in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Cumming, Craigo, Harris of the 12th, Keen, Lewis, Long,

Lumpkin, McMillan, Mercer, Monro, Morton, McGarrity, McClure, Ryals, Sheppard,

Storey, Sanford, Snead, Sharpe, Tatum, Wilcox, Whitley, Williams.

Those who voted in the negative were Messrs.-

Boyd, Brand, Brown, Harris of the 3d,

Harris of the 22d, Harrison, Johnson, Little,

Norman, Starr, Wilson, Wade.

Those not voting were Messrs.-

Bush, McGregor,
Ayes 26.

Osborne, Roberts,

Upchurch. M.r. President.

Nays 12. Not voting 6.

So the bill passed as amended-ayes 26, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize county auth.Jrities in whose counties there are n,o municipal or <monty chain-gangs to hire misdemeanor convicts to private persons.

TUESDAY, DECEMBER 3, 189b.

371

The report recommended its passage with certain amendments, which were adopted.

The report was amended, on motion of Mr. Monro, by .adding at the end of section 2 the following: provided, that no county shall lease its convicts to more than two lessees, and they be worked in no more than two gangs.

The report, as amended, was agreed to.

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

its passage, as amended, the ayes and naxs were required

.and recorded.

Those who voted in the affirmative were Messrs.-

Beeks, Broughton, Bussey, .Boyd, Brand, Brown, <Jraigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, .Johnson, Keen,

Lewis, Long, Little, McMillan, Mercer, Monro, Morton, McUarrity,
McClur~,
Norman, Osborne, Ryals,

Roberts, Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Upchurch, Wilcox, Wade, Whitley, Williams.

Those voting in the negative were Messrs.-

{Jumming,

Lumpkin,

Tatum.

Those not voting were Messrs.-

Eush, McGregor,

Wilson,

Mr. President.

Ayes 37. Nays 3. Not voting 4.

So the bill was passed by constitutional majority. The Senate took up the report of the Committee on Corporations on the bill of the House to repeal an act approved November 25, 1893, incorporating the village of Haynie. Proof of legal notice was submitted.

37~

JOURNAL OF THE SENATE.

The report was agreed to. The bill was read the third time and passed-ayes 31,.. nays 0.
The bilf of the Senate to require judges of the superior' courts to appoint an official organ in the several counties, etc., was taken up for a third reading, and on motion o t Mr. Mercer, indefinitely postponed.
Mr. Harris, of the Third district, offered a resolution fixing the hour of 9 o'clock A.M. for the meeting of the Senate each day, which was taken up and lost.
The following bills of the Senate were read the second time and passed to a third. reading, to wit :
A bill to amend section 926 of the Code of 1882.
Also, a bill to provide for the levy and sale of property
when the defendant in ft. fa. has an interest or equity
therein but does not hold the legal title thereto, and for other purposes.
Also, a bill to amend an act regulating the sales of fer..:. tilizers in this State, etc., and for other purposes.
Also, a bill to create a board of commissioners of roads and revenues for the county of Irwin, and for other purposes.
The following bills of the Senate were read the second time and recommitted, to wit :
A bill to permit the State, as owner of the Northeastern Railro~d, to be sued in certain cases.
Also, a bill to amend an act as to the inspection, sale,. and analysis of fertilizers in this State.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act ap-



TUESDAY, DECEMBER 3, 1895.

373

-proved December 18, 1893, amending section 1979 of the Code, which provides a lien in favor of mechanics and material men, etc., and for other purposes.
The committee reported in .favor of the passage by sub:Stitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended -ayes 28, nays 0.
On motion of Mr. Roberts, all bills favorably reported, which were tabled, were ordered to be placed in their proper order on the Senate calendar.
The bills of the Senate, Nos. 246, 247, and 248, were -ordered printed, fifty copies of each.
The Senate adjourned until 8 o'clock P. M.

8 O'CLOCK P. M.
The Senate met pursuant to adjournment, the acting President pro tem., Mr. Osborne, in the chair.
The roll-call was dispensed with.
The acting President pro tem. announced that the time had arrived for the General Assembly to meet in joint session, whereupon the Senate in a body,. preceded by the acting President pro tem. and Secretary, repaired to the Representative Hall, where, being announced by the doorkeeper, they were received by the House of Representatives :standing.
The acting President pro tem. took the chair and called the General Assembly to order.
Thfl Secretary then read the joint resolution under which the joint session was convened, viz.:
A resolution inviting the Hon. Hoke Smith to addreE~s the General Assembly on the political issues of the day.

374

JoURNAL OF THE SENATE.

The Hon. Hoke Smith was then introduced by the acting President pro tern., Mr. Osborne, and proceeded to address the General Assembly.
At the close of his address the joint session was dissolved, and the Senate, having returned to its chamber, was. called to order, and, on motion, adjourned until 10 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA .
Wednesday, December 4, 18,95, 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, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

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

Sheppard, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wilson, Wade, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Bush,

Little.

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

WEDNESDAY, DECEMBER 4, 1895.

375

Mr. Harris, of the Third district, moved a reconsideration of the action in passing the bill of the Senate to amend the act to fix the salaries of the State librarian and assistant librari'an, and for other purposes.

On the question of reconsideration, the yeas and nays were required and recorded.

Those voting in the affirmative were Messrs.-

Brown, Harris of the 3d, Harris of the 12th, Harrison,

Johnson, Keen, McGregor, McGarrity,

Norman, Storey, Tatum, Upchurch.

Those voting in the negative were Messrs.-

Beeks, Bussey, Boyd, Brand, Lewis, Long, Lumpkin,

Mercer, Monro, Morton, McClure, Ryals, Roberts, Sanford,

Snead, Sharpe, Starr, Wilson, Wade, Whitley, Williams.

Those not voting were Messrs.-

Broughton, Bush, Cumming, Craigo,

Harris of the 22d, Little, McMillan, Osborne,

Sheppard, Wilcox, Mr. President.

Yeas 12. Nays 21. Not voting 11.

So the motion to reconsider did not prevail.

Mr. Lumpkin moved a reconsideration .of the _Senate's action in passing the bill of the Senate to regulate hunting and fishing in the State, etc., and for other purposes.

On motion of Mr. Lumpkin, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Bussey, Boyd, Brand, Brown, Harris of the 3d, Harrison, Johnson,

Lumpkin, Mercer, McGregor, McClure, Roberts, Storey,

Starr, Tatum,
Upchurch, Wilson, Wilcox,
Wade.

376

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Broughton, Craigo, Harris of the 12th, Keen,
Lewis,
McMillan,

Monro, Morton, McGarrity, Norman, Sheppard,

Sanford, Snead, Sharpe, Whitley, Williams.

Tho~e not voting were Messrs.-

BeekR, Bush, Cumming,

Harris of the 22d,
Long,
Little,

Osborne, Ryals, Mr. President.

Yeas 19. Nays 16. Not voting 9.

So the motion to reconsider did not prevail.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the following bill of the House
by the requisite constitutional majority, to wit: A bill to amend section 1675(a) of the Code of 1882;
prohibiting foreign corporations from owning more than 5,000 acres of land.
The Senate went into executive session, and returned again to open session.
The following message was received from his Excellency, the Governor, through Mr. Callaway, his private Secretary:
Mr. President: I am directed by the Governor to deliver to the Senate
a communication in writing :
Mr. Broughton submitted the following report:

WEDNESDAY, DECEMBER 4, 1895.

377

J:fr. President:
The Committee on Agriculture have had under consid~ration a bill, by Senator McGarrity of the Thirty-eighth -district, to be entitled an act, a general law as to inspection, analysis, and sale of fertilizers, approved October 19, 1891. Section 1 shall be so amended that no manufacturers of, or dealers in, commercial fertilizers or chemicals .shall be allowed to sell but one brand or name from the .same formula and same guaranteed analysis, and they instruct me to report the same back to the Senate, with the recommendation that it do pass by substitute.
Respectfully submitted. WM. A. BROUGHTON, Chairman.

The following bills of the Senate, which were taken up for a third reading, were laid on the table, to wit:

A bill to make it unlawful to fish with hook and line, net, trap, or seine in any of the waters in this State on the Sabbath day.
Also, a bill to amend paragraph 1, section 3 of article 8 of the Constitution, and for other purposes.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to authorize. females to hold certain civil offices and perform certain civil functions in this State.

The report of the majority of the committee was agree_d to.
The bill was read the third time, and, on motion of Mr. Roberts, the yeas and nays were recorded.

Those who voted in the affirmative were Messrs.-

Brand, Craigo,
Long,

Mercer, Norman,

Roberts, Snead.

37.8

JoURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Beeks, Broughion, Bussey, Boyd, Brown, Harris of the 3d, Harris of the 12th, Harris of the 22J, Harrison, Johnson,

Keen, Lewis, Lumpkin, McMillan, Monro, Morton, McGarrity, McClure, Osborne, Ryall!',

Sheppard, Storey, Sanford, Sharpe, Starr, Tatum, Upchurch, Wilcox, Wade, Whitley.

Those not voting were Messrs.-

Bush, Cumming, Little,
Yeas 7.

McGregor, Wilson,
Nays30. Not voting 7.

Williams, Mr. President.

So the bill, not having a constitutional majority, was lost.

The Senate took up the report of the Committee on the General Judiciary on the bill of the Senate to provide a board of equalization of real and personal property subject to taxation in this State.

Mr. Wilson moved to recommit the bill.

On this question Mr. Roberts demanded the yeas and nays, which were recorded.

Those who voted in the affirmative were Messrs.-

Beeks, Bussey, Cumming, Harris of the 3d, Harris of the 22d,

Harrison, Lewis, Mercer, Roberts, Ranford,

Upchurch, Wilson, WadP, Whitley.

Those who voted in the negative were Messrs.-

Broughton,

Lumpkin,

Sheppard,

Boyd,

McMillan,

Storey,

Brand,

McGregor

Snead,



Brown,

Monro,

Sharpe,

WEDNESDAY, DECEMBER 4, 1895.

379

Cra~,
Harris of the 12th, .Johnson, Keen, Long,

Morton, McGarrity, McClure, Norman, Ryals,

Starr, Tatum, Wilcox, Williams.

Those not voting were Messrs.-

Bush, Little,

Osborne,

Mr. President.

Yeas 14. Nays 26. Not voting 4.

So the motion to recommit the bill did not prevail.

Mr. Harris, of the Twenty-second .district, moved that the bill be tabled, and on this motion Mr. Roberts required the yeas and nays to be recorded.

Those voting in the affirmative were Messrs.-

Beeks, Bussey, Brand, Cumming, Harris of the 3d, Harris of the 12th, Harris of the 22d,

Harrison, Lewis, Lumpkin, Mercer, Osborne, Roberts,

Sanford, Starr, Upchurch, Wilson, Wade, Whitley.

Those voting in the negative were Messrs.-

Broughton, Boyd, Brown, Craigo, Johnson, Keen, Long, McMillan,

McGregor, Monro, Morton, McGarrity, McClure, Norman, Ryals,

Sheppard, Storey, Snead, Sharpe, Tatum, Wilcox, Williams.

Those not voting were Messrs.-

Bush,

Little,

Mr. President.

Yeas 19. Nays 22. Not voting 3.

So the motion to lay on the table was lost.

Mr. Broughton moved to indefinitely postpone the bill on the table, and the yeas and nays were required and recorded thereon.

.380

JOURNAL OF THE SENATE

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bussey, 'Brown, Dumming, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Keen,

Lewis, Lumpkin, McMillan, ::\fercer, McGregor, Morton, McGarrity, McClure, Osborne,

Roberts, Sheppard, Snead, Starr, Tatum, Upchurch, Wilcox, Wade, Whitley.

Those voting in the negative were Messrs.-

Boyd, Brand, {)raigo, .Johnson,

Long, Monro, Norman, Ryals,

Storey, Sharpe, Wilson, Williams.

Those not voting were Messrs.-

Bush. Little,

Sanford,

Mr. President.

Yeas 28. Nays 12. Not voting 4.

So the motion to indefinitely postpone the bill prevailed.

Mr. Mercer, chairman pro tem. of the Committee on Engrossing, submitted the following report :
Mr. President:
The Committee on Engrossing have had under examination the following Senate bills, which they direct me to report properly engrossed and ready to be transmitted to the House:
A bill to amend the second section of an act entitled an .act to fix the salary of the State librarian and assistant librarian, approved October 29, 1889.
Also, a bill to amend the charter of the city of Macon, and for other purposes.

WEDNESDAY, DECEMBER 4, 1895.

.381

Also, a bill to amend section 1979 of the Code of 1882 relating to liens of mechanics and material men, and for other purposes.
Also, a bill to prohibit any non-resident person or persons from camp-hunting in the county of Dade, and for other purposes.
Also, a bill to authorize county authorities in whose counties there are no municipal or county chain-gangs, and for other purposes.
_ Also, a bill to require banks chartered un(Ier the laws of this State, where the capital stock is impaired, to make the-
same go'od by transfer, and for other purposes.
Respectfully submitted. J. E. -MERCER, Chairman pro tern.
Mr. Osborne, chairman of the Committee on Railroads~ submitted the following report :
Mr. Pre.'fident:
The Committee on Railroads have had under consideration the following bill of the Senate, which they report back to the Senate, with the recommendation that same d(} pass, to ~vit :
Senate bill No. 271, a bill to be entitled an act t(} authorize the Governor to relinquish all claims of the State to the Blue Ridge and Atlanta Railroad under certain conditions therein named, and for other purposes.
The committee have also had under consideration the
following bill of the Senate, which they report back. to the
Senate, with the recommendation that the author be allowed to withdraw same, to wit :
Senate bill No. 255, a bill to be entitled an act to incorporate -the Brunswil:k,.LaGrange and Northwestc:Jrp Rail. roag, aod for other =pn~poses.

382

JOURNAL OF THE SENATE.

The committee have also had under consideration the following bills of the Senate, which they report back to the Senate, with the recemmendation that same do pass, to wit:
Senate bill No. 108, a bill to be entitled an act to amend section 2084 of the Code.
Senate bill No. 212, a bill to be entitled an act to prevent dealing in railroad tickets by other than authorized agent of railroad corporations.
W. W. OsBORNE, Chairman.

Senator Wilson, chairman plo tem. of the General Judidary Committee, submitted the fqllowing report:
Mr. President:
The General Judiciary Committee have had under consideration the following bill, which they direct me to report to the Senate, with the recommendation)hat it do not pass, to wit:
Senate bill No. 270, by Senator Harris of the Third, to be entitled an act to amend an act, :approved December 20, 1893, etc.
Respectfully submitted. LEON A. WrL'lON, Chairman protem.

Mr. Harris, of the Third district, chairman of the Special Judiciary Committee, submitted the following report:
Mr. President:
The Special Jndiciary Committee have had under consideration the following House bills, which they direct me to report do pass :
A bill to amend an act entitled an act to create a board of commissioners of roads and revenues in the county of Catoosa, approved March 5, 1875, and for other purposes.

WEDNESDAY, DECEMBER 4, 1895.

383

A bill to amend an act entitled an act to provide com-

pensation for the members of the board of commissioners

of roads and revenues for Catoosa county and for the clerk,

approved December 9, 1893, and for other purposes.

Respectfully submitted.

S. R. HARRIS, Chairman.

Mr. Harris, chairman ofthe Special Judiciary Committee, submitted the following report :
Mr. Pre8ident :
The Committee on Special Judiciary have had under consideration the following House bills, and direct me to report them back, with the recommendation that they do pass, to wit:
A bill to provide for the removal of all obstructions from the running streams of Forsyth county.
Also, a bill to authorize and provide for the payment of the insolvent criminal costs of the clerk of the superior court of Macon county in certain cases.
Also, a bill to establish a new charter for the town of Calhoun, in Gordon county.
The committee also recommend that the following bill of the Senate do pass by substitute, tO wit :
A bill to amend an act entitled an act to amend an act, .approved December 30, 1890.
The committee also 'recommend that the following Senate bill be read the second time and recommitted to the Special Judiciary Committee, to wit:
A bill to abolish the city court of Laurens county and transfer all civil and criminal cases now pending in said .court to proper courts.
Respectfully submitted. S. R. HARRis, Chairman.

384

JOURNAL OF THE SENATE.

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

Mr. President:
The Committee on Enrollme11t have had under consideration the following resolution, which they find properly enrolled and ready for the signatures of the President and Clerk of the Senate :
A resolution reopening assessment Savannah Street Railroad.
Mr. Beeks, chairman of the Committee on Education, submitted the following report:

Mr. President:
Your committee have bad under consideration the following Senate bill, which they instruct me to report back, with the recommendation that the same do not pass, to wit:
A bill to authorize the State School Commissioner to grant license to the graduates ofthe Georgia State Industrial College for Colored Youths, to teach common schools among the colored people of this State, and for other purposes.
Respectfully submitted. WALTER C. BEEKS, Chairman.

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

WEDNESDAY, DECEMBER 4, 1895.

385

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

By Mr. OsborneA bill to authorize banking corporations to change the
face value of their stock without amending their charter. Referred to the Committee on Banks.

Also, by Mr. OsborneA bill to provide for the uniform amendment of bank
charters. Referred to the Committee on Banks.

By Mr. Monro-
A bill to amend an act, approved November 12, 1889, to declare the councilmen and aldermen of cities and towns ineligible during their terms of office to any other municipal office,. etc., and for other purposes.
Referred to the General Judiciary Committee.

By Mr. Brown-
A bill to prohibit the publication, sale, and circulation of any book, newspapers, periodicals, or picture ofany obscene, immoral, or corrupting character, etc.
Referred to the Committee on Temperance.

By Mr. Boyd-
A bill to provide for a board of commissioners of roads and revenues for the county of Lempkin, etc., and for other purposes.
~feiTed to the Special Judiciary Committee.

The Senate took up the rep<>rt of the General Judiciary
Committee on the bill of the Senate to amend section 3554
258

386

JouRNAL oF THE SENATE.

'Of the Code of 1882, so as to provide that certain per cent. 'Of wages shall not be exempt from process of garnishment.

Mr. Harris, of the Twenty-second district, moved to postpoiie the bill indefinitely, and on this motion Mr. Brand required the yeas and nays to be recorded.

Those voting in the affirmative were Messrs.-

Beeks, .Broughton, oyd, Brown, 'Harris of the 22d, Harrison, Keen, Lewis,

Long, Lumpkin, McMillan, Mercer, McGregor1 Monro, McGarrity,
l\IcClure,

Osborne, Ryals,
~tory,
Sanford, Starr, Upchurch, 'Vade, Williams.

Those voting in the negative were Messrs.-

Bussey, Brand, Harris of the 3d,

Harris of the 12th, Johnson, Norman,

Roberts, Sharpe, Wilson.

Those not voting were Messrs.-

Bush, Cumming, Craigo, Little,

Morton, Sheppard, Snead, Tatum,

Wilcox, Whitley, Mr. President.

Yeas 24. Nays 9. Not voting 11.

So the motion to postpone indefinitely prevailed.

The Senate, on motion of Mr. Wilson, adjourned until "8 o'clock P. lii.

8 O'cLOCK P. M.
The Senate met pursuant to adjournment, the President pro tern. presiding.
The call of the roll was, on motion, dispensed with.
The following bills of the House were read the first ;time and referred as indicated, to wit :

WEDNESDAY, DECEMBER 4, 1895.

387

A bill to authorize the town council of Hogansville to issue bonds, etc.
Referred to the Committee on Education.

Also, a bill to amend the charter of the town of Camilla.

Referred to the Committee on Temperance.

Also, a bill to regulate and fix the office hours of the treasurer of Fulton county.
Referred to the Special Judiciary Committee.

Also, a bill to amend the charter of the town of Cairo. Referred to the Committee on Corporations.

Also, a bill to provide for the appointment of a clerk of

the county court of Effingham county.

'

Referred to the Special Judiciary Committee.

Also, a bill to amend section 943( a) of the Code. Referred to the Finance Committee.

Also, a bill to incorporate the town of Battle Hill. Referred to the Committee on Corporations.

Also, a bill to amend section 1675 ( n) of the Code, etc.

Mr. Harris, chairman of the General Judiciary Committee, submitted the following report:;
Mr. President:
The General Judiciary Committee have had under con.sideration Senate bill No. 262, by Senator Long of the Thirtieth district, to wit:
To be entitled an act to amend an act to regulate the business of insurance brokers, etc., which they direct me _to report to thef3enate,with the recommendation that it do pass by substitute~

388 .

JOURNAL OF THE SENATE.

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 recommitted, to wit :
Senate bill No. 275, by Senator Monro of the Twentyfourth district.
Also, House bill No. 387, by Mr. Hodges of Bibb.
Also, Honse bill No. 443, by Mr. Fouche of }"~loyd.
Respectfully submitted. N. E. HARRIS, Chairman, per WILSON.

The resolution of the House condemning any movement looking to a union of church and State was read the first time and referred to the Committee on the State of the Republic.

The bill of the Senate to abolish the city court of Laurens county was read the second time and recommitted.
The bill of the Senate to authorize the Governor to re_ linquish all claims of the State to the Blue Ridge and Atlantic Railroad, under certain conditions therein named~ was read the second time and passed to a third reading.
The following bill8- of the House were read the second time and recommitted, to wit:
A bill to fix and define liabilities of receivers, trustees~ assignees, and others operating railroads in this State.
Also, a bill to amend the constitution of this State by adding a new paragraph to article 6, section 2, to be known as paragraph 8(a), and for other purposes.
The following bills of the House were read the second time and passed to a third time, to wit :

WEDNESDAY, DECEMBER 4, 1895.

389

A bill to define the duties and liabilities and obligations -of receivers, trustees, etc., of corporations, etc., and for -other purposes. This bill was recommitted.

Also, a bill to establish the city court of Coffee county.

Also, a bill to establish a new charter for the town of Calhoun, Gordon county.

Also, a bill to repeal an act approved February 17, 1877, to authorize the ordinary of Spalding county to keep his office and records and hold his courts at a place -other than at the courthouse.

Also, a bill to authorize the mayor and council of the town of Decatur to register and license every trade and business avocation and profession prosecuted in said town, etc.

Also, a bill to repeal an act for the protection of fish in the waters of Berrien county.

Also, a bi1l to authorize and provide for the payment of insolvent criminal costs of the clerk of the superior court of Marion county in certain cases.

Also, a bill to incorporate the town of Douglas, in

Coffee county.

'

Also, a bill to repeal the county court act so far as the same applies to Coffee county.

Also, a bill to provide for a change of names and prin-cipal officers of banking, railroad, insurance, express, telegraph, canal, and navigation companies.

The SE.'nate took up the report of the CommittE.'e on Corporations on the bill of the House to amend the charter ~f the city of Dawson, etc.
Proof of legal notice was submitted.

390

JOURNAL OF THE SENATE,

The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended -yeas 26, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to establish the city court of Brunswick in and for the county of Glynn, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 29,. nays 0.

The Senate took up the report of the Finance Committee on the rosolution of the house for the relief of Willis Fields of Henry county.
The report was agreed to.
The resolution was read the third time and concurred in-yeas 25, nays 1.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to repeal an act ap- proved December 26, 1888, to require any corporation or person doing business in this State to redeem in cash any . scrip, checks, or other written evidence of indebtedness for wages of laborers.
The report was agreed to.
The bill was read the third time, and on the question of its passage Mr. McGarrity demanded the yeas and nays,. which were recorded :

WEDNESDAY, D.ECEMBER 4, 1895.

3~H

Those voting in the affirmative were Messrs.-

Bussey, Brand, Harris of the 12th, McMillan,

Mercer, Norman, Tatum,

Upchurch, Wilcox, 'Williams.

Thos~ voting in the negative were Messrs.-

Beeks, Boyd, Brown, Harris of the 3d, Harrison, Johnson,

Keen, Lurr.pkin, McGregor, Monro, McGarrity, Ryals,

Those not voting were Messrs.-

Roberts, Sanford, Snead, Sharpe, Wilson.

Broughton, Bush, Cumming, Craigo, Harris of the 22d, Lewis,

Long, Little, Morton, McClure, Osborne, Sheppard,

Story, Starr, Wade, Whitley, Mr. President.

Yeas 10. Nays 17. Not voting17.

So the bill was lost.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report:
Mr. President:
The Committee on Finance have had under consideration Senate bills Nos. 89 and 272, and direct me to report the same back, with the recommendation that the same be read the second time and recommitted.
E. B. LEWIS, Chairman.

The following bill and resolution of the Senate were read the second time and recommitted, to wit:
A bill to amend an act approved December 15, 1893, permitting Confederate soldiers to peddle without license, etc.

.392

JOURNAL OF THE SENATE

Also, a resolution for the relief of the South Brunswick Railway Company.

By resolution of Mr. Sheppard, the Hon. John J. Coyle was invited to a seat in the Senate during his stay in the (lity.

By resolution of Mr. Wilcox, the Hon. J. D. McLeod was invited to a seat in the Senate during his stay in the (lity.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to authorize justices of the peace and notaries public to preside in districts other than those to which they were elected or appointed.
The report, which was favorable to the passage of t,he bill, was amended, on motion of Mr. Brand, by inserting between the word "districts" and the word "other," in the sixth line of section 1, the words "of their own county.''
The report was agreed to as amended.
The bill was read the third time and passed as amendedyeas 29, nays 0.
The Senate took up the report of the Finance Committee on the resolution of the House for the relief of the North Highland Railroad Company.
The report was agreed to.
The resolution was read the third time and concurred in-yeas 23, nays 0.
The Senate took up the report of the Special ,Judiciary Committee on the bill of the Honse to prohibit hunting with dogs and guns and fishing on the lands of others in the county of Appling, etc.
Proof of legal notice was submitted.

WEDNESDAY, DECEMBER 4, 1895.

393

The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to extend the corporate ]imits of the city of Waynesboro.
Proof of legal notice was given.
The report was agreed to.
The bill was read the third time and passed-yeas 27, nays 0.

The &nate took up the report of the Special Judiciary .Committee on the bill to provide for removal of all ob.structions from the running streams of Forsyth county.
Proof of leg-c1l notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 26, :nays 0.
The Senate took up the report of the Finance Commit~ tee on the resolution of the House relieving the Brunswick .State Bank and its securities from payment of interest on
.ft. fa.
The report was agreed to.
The rel'lOlution was read the third time and concurred in-yeas 26, nays 0.
On motion ot Mr. Johnson, the bill of the Senate, :adversely reported, to abolish the county court of Jackson <!ounty was placed on the calendar.

The Senate adjourned, on motion, until 10 o'clock A. M. to-morrow.

394

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA.
Thursday, December 5, 1895, 10 O'clock A. M.

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

Prayer was offered by the <Jhaplain.

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

Beeks, Broughton, Bussey, Boyd, Brand, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

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

Those not voting were Messrs.-

Sheppard, Storey, Sanford, Snead, Sharpe, Starr. Tatum, Wilson, Wilcox, Wadf', Whitley, Williams, Mr. President.

Bush, Brown,

Morton, McGarrity,

Roberts, Upchurch.

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

On motion of Mr. Tatum, the action of the Senate in refusing to pass the bill of the Senate to repeal an act, approved December 26, 1888, to require any corporation or person doing business in this State to redeem in cash any script or other written evidence of indebtedness for. wages of laborers, was reconsidered.

On motion of Mr. Sheppard, the Senate took up the report of the Committee on Agriculture on the reconsidered bill of the Senate to regulate hunting and fishing in this

'

~HURSDAY, DECEMBER 5, 1895.

395-

State, etc., and for other purposes; the committee reported in favor of its passage with the amendments, which were adopted.
Mr. Harris, of the Third district, moved to amend by adding at the last of section 2 the following proviso : providing that this act shall not apply to counties having local legislation upon the subject of hunting and fishing.

Mr. Sheppard moved to amend the proposed amendment of Mr. Harris by striking out the whole of said amendment and adding the following as a substitute therefor, to wit:
Provided, however, that the provisions of this act shall only apply to those counties where the same shall be adopted by the grand jury thereof.
This amendment was adopted.

The report was further amended, on motion of Mr. Starr, as follows :
Amend by striking all of section :2 after the word " effect " in the ninth line, and insert in lieu thereof the following: No person shall be tried or punished under the provisions of this act, except upon presentment by the grand jury and true bill found.
The report was further amended by striking out the word " written " wherever the same occurs.
The report, as amended, was agreed to.

The bill was read the third time, and on the question of its passage the yeas and nays ~ere demanded and recorded, and pending the announcement of the result the bill was laid on tha table, on motion of Mr. Sheppard.

396

JOURNAL OF THE SENA',l'E.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has adopted the following resolution, to wit :
A resolution inviting the Ron. Fleming G. duBignon to address the General Assembly in joint session on Tuesday, December lOth, at 8 P. M.

Mr. 'Vhitley, chairman of the Committee on Engrossing, submitted the following report :
Mr. President :
The Committee on Engrossing have had under considertion the following Senate bill, which they direct me to report properly engrossed and ready to be transmitted to the House:
A bill to be entitled an act to authorize the justices of the peace and notaries public of this State to preside in districts other than those to which they were elected or appointed.
Respectfully submitted. T. R. WHITLEY, Chairman.

Senator Boyd, chairman of Temperance Committee, submitted the following reJ?ort. :
Mr. President:
The Temperance Committee have had under consideration House bill No. 404, by Mr. Bush of Mitchell, which they direct me to report to the Senate, with the recommendation that it do pass, proofs correct.
They haYe also considered Senate bill No. 221, by Senator McGarrity of the Thirty-eighth district, which they direct me to report to the Senate, with the recommendation that it be read the second time and recommitted.

THURSDAY, DECEMBER 5, 1895.

397

They have also considered Senate bill No. 273, by Senator Brown of the Thirty-ninth district, which they direct me to report to the Senate, with the recommendation that th.e introducer be allowed to withdraw same.
Respectfully submitted. M.G. BoYD, Chairman.

Mr. Harris, of the Third district, chairman of the Special Judiciary Committee, submitted the following report :
Jfr. President :
The Special Judiciary Committee have had under consideration the following bills, which they direct me to report back, with recommendation that they do pass.
A bill to provide for a board of commissioners of roads and revenues in the county of Lumpkin, and for other purposes.
A bill to amend the charter of the city of Atlanta.
A bill to create a board of commissioners of water for the city of Savannah.
A bill to change the time of holding the spring term of Dawson superior court, and for other purposes.
Respectfully submitted. S. R. HARRIS, Chairman.

Mr. C. H. 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, which they direct me to report back to be read second time and recommitted.
A bill to incorporate the town of Braswell, and for other purposes.

~98

JouRNAL OF THE SENATE.

Also, a bill to amend the act of Troup county so as to elect commissioners at general election.
Also, a bill to incorporate the town of Battle Hill.
The committee also recommend that the following House bill do pass.
A bill to amend the charter of the town of Cairo in the ~ounty of Thomas.
Respectfully submitted. C. H. BRAND, Chairman.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. Plesident :
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to amend an act entitled an act to establish a city eourt for Clarke county.
Also, a bill to amend an act entitled an act to establish dty courts in counties having a population of 15,000 or more.
Also, a bill to amend the charter of Shellman.
Also, a bill to amend the various acts chartering the city of Conyers.
Also, a bill to be entitled an act to amend an act prohibiting the sale of intoxicating liquors in the town of Duluth.
' Also, a bill to amend an act to prohibit the sale of liquors' in Trion Factory, providing that same does not apply to domestic wines.
Also, a bill to change the time of holding the superior court of Pulaski county.

THURSDAY, DECEMBER 5, 1895.

399

Also, a bill to fix the compensation of the bailiffs of the :SeCond division of the city co~rt of .Atlanta.
Also, a bill to amend an act establishing a system of public schools in the town of Quitman, approved December :26, 1888.
Also, a bill to amend the act incorporating the Title Guarantee and Loan Company of Savannah.
Also, a bill to remove obstructions from the running streams of Madison county.
Also, a bill to amend the charter of the city of Atlanta.
Also, a hill to establish new terms and to regulate the practice in the city court of Richmond county.
Also, a bill to amend an act incorporating the town of l.ocust Grove, in the county of Henry.
Also, a bill to change the time of holding the superior .eourts in the Rome judicial circuit.
Also a bill to establish a board of road commissioners of Bryan county.

The Senate has also adopted tl:ie following resolutions of the House, to wit:
A resolution authorizing the Treasurer of this State to transfer on the books of his office from the military fund of 1894 to the military fund of 1895 the unexpended bal.ance of 1894, amounting to the sum of $623.11.
Also, a resolution for the relief of John M. WiJliams of Catoosa county.
Also, a resolution for the Brunswick Street Railroad Company and its successors.

, The House has also passed. the following bill of the Senate by the requisite constitutional majority, to wit:

400

JOURNAL OF THE SENATE.

A bill to amend the charter of the Macon Savings Bank to authorize the directors to reduce the capital stock of the same.

The Senate took up the report of the Committee on Agriculture on the bill of the Senate to amend sections 1 and 2 of an act entitled an act to amend an act approved December 30, 1890, and for other purposes.
This bill was, on motion, laid on the table.

Mr. Lewis, chairman Committee on Finance, submitted the following report:

Mr. President:

The Finance Committee have had under consideration

No. 454, a bill to be entitled an act to amend section 943(a}

of the Code of 1R82, providing for the selection of banks in

certain cities for State depositories, so as to add the city of

Blackshire, Pierce county, Ga.

The committee recommend it be read the second time

and recommitted.

Respectfully submitted.

E. B. LEWis, Chairman.

Mr. Osborne, chairman of the Committee on Railroads,. submitted the following report:
Mr. President :
The Committee on Railroads have haci under consideration the following bills of the Senate, which they report back to the Senate, with the recommendation that same d(} not pass, to wit:
Senate bill No. 266, a bill to be entitled an act to regulate the movement of cars, trains, and traffic between lines connecting within this State, to prevent any discrimination in the charges or facilities offered to such connecting lines,.

THURSDAY, DECEMBER 5, 1895.

401

to provide for the issuance and recognition of through bills --of lading by all lines doing business in this State, and to prevent the diversion of freight, to provide for the penaltie'> for the violation of this act, and to constitute the same a misdemeanor and provide punishment therefor.
Also, Senate bill No. 267, a bill to be entitled an act to prevent all discrimination, and to provide for equal facilities and advantages being afforded by all railroad companies doing business in this State to all railroad companies, within or without the State, with which they immediately -or mediately connect, to prevent the violation there~f, and punish the same.
Also, Senate bill No. 268, a bill to be entitled an act to require the several railroad companies in this State to accept and haul upon equal terms frqm railroads with which they --connect, sleeping-cars and passenger coaches destined to points on or beyond the lines of such railroads, and to provide penalties for a refusal to do so, and punish persons violating, this act.
Respectfully submitted. W. W. OsBORNE, Chairman.

The Senate took up the report of the General Judiciary .Committee on the bill of the Senate to repeal paragraphs 8 .and 9 of section 1 of article 5 of the Constitution of Georgia, which refers to the filling of vacancies and unexpired terms in the office of Governor, and substitute in lieu thereof two paragraphs to be known as 8 and 9 of said sec-tion, providing for a lieutenant-governor and prescribing his duties, and also for the filling of vacancies in the office -of Governor in certain contingencies named therein.
The committee reported in favor of its passage, with amendments, which were adopted, and the report was .agreed to.
26s

402

JouRNAL oF THE SENATE.

The bill was read the third time, and, on the questio~ of its passage as amended, the yeas and nays were recorded~

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Brand, Brown, Cumming, Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d, Keen, Lewis,

Long, Lumpkin, McMillan, Mercer, Monro, Morton, McClure, Norman, Ryals, Sheppard, Storey,

Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams.

Those voting in the negative were Messrs.-

McGregor.

Those not voting were Messrs.-

Bush, Boyd, Harrison,

Johnson, Little, McGarrity,

Osborne, Roberts, Mr. President.

Yeas 34. Nays 1. Not voting 9.

So the bill was passed by a constitutional majority.

The bill of the Senate to transfer the county of Campbell from the Coweta circuit was taken up and laid on the table.

The Senate took from the table and took up the report of the Special .Judiciary Committee on the bill of the Senate to amend sections 1 and 2 of an act to amend an act approved December 30, 1890, and for other purposes.
The committee reported in favor of its passage by sub~ stitute.
On motion of Mr. Tatum, the title was amended by striking out from the same all after the word "amend" in

THURSDAY, DECEMBER 5, 1895.

403

the fifth line and adding the following: "the laws of the State in reference to the inspection of illuminating oils, providing the manner and amount of their compensation, revising the schedule of fees now required by law for the inspection of oils, and for other purposes, approved December 30, 1890.

The report, as amended, was agreed to.

The bill was read the third time, and, on the question of its passage as amended, the yeas and nays were demanded and recorded.

Those voting in the affirmative were Messrs.-

Boyd, Brand, Harris of the 12th, Johnson, Keen, Lewis, Long, Little, Lumpkin,

McMillan, Monro, Morton, McClure, Norma.!l, Ryals, Sheppard, Storey,

Sanford, Sharpe, Starr, Tatum, Upchurch, Wilson, wilcox,
Whitley.

Those voting in the negative were Messrs.-

Beeks, .Bussey, Cumming, Harris of the 3d,

Harris of the 22d, Harrison, Mercer,

Osborne, Roberts, Wade.

. Those not voting were Messrs.-

Broughton, Bush, Brown,

Craigo, McGregor, McGarrity,

Snead, Mr. President.

Yeas 26. Nays 10. Not voting 8.

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

Mr. Keen, by general consent, introduced the following bill, which was read the first time and referred to the Committee on Corporations, to wit:

404

JOURNAL OF THE SENATE

A bill to revise the charter of the town of Bruton, and for other purposes.

The bill of the Senate to amend section 3554 of the Code, etc., and for other purposes, was, on motion of Mr. Munro, indefinitely postponed.

Mr. Beeks, chairman of the Committee on Educ.ation, submitted the following report:
Mr. President:
Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same do pass, to wit:
A bill, No. 370, to authorize the town council of Hogansvill~ to issue bonds, and for other purposes.
Respectfully submitted. WALTER C. BEEKS, Chairman.

Mr. Harris, chairman of the Special Judiciary Committee, submitted the following report:
Mr. President:
The Special Judiciary Committee have had under con:sideration the foilowing House bills, which they instruct me to report back, with the recommendation that they do pass:
A bill to fix the time and manner of electing the mayor :and council of the town of Decatur, in the county of DeKalb.
A bill to repeal so much of the act creating a board of <Jommissioners for the county of DeKalb as limits the compensation of the clerk thereof, and for other purposes.

THURSDAY, DECEMBER 5, 1895.

405

A bill to limit the jurisdiction of the city court in civil cases to amounts exceeding one hundred dollars.
Respectfully submitted. S. R. HARRIS, Chairman.

Mr. Harris, chairman of the General Judiciary Committee, submitted the following report :
Mr. President:
The General Judiciary Committee have had under consideration House bill No. 485, by Mr. Fleming of Richmond, to be entitled an act to amend the Constitution of the State by adding a new paragraph to article 6, section 2, to be known as paragraph 8, 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, Chairman.

On motion of Mr. Johnson, the Senate took up the bill of the Senate to abolish the city court of Jackson county, which was adversely reported.

Mr. Johnson moved to disagree to the adverse report.

Mr. Wilson called for the previous question, which was sustained, and the main question was submitted to the Senate, to wit :

Shall the report of the committee, which was adverse, be disagreed to ?

On this question Mr. McGregor demanded the yeas and nays, which were recorded.

Those voting in the affirmative were Messrs.-

Johnson, Keen,

McGregor, Snead,

Sharpe.

406

JOURKAL OF THE SENATE.

Those voting in the negative were Messrs.-

Beeks, Broughton, Bussey, Brand, Cumming, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, Monro, Morton,

Norman, Ryals, Roberts, Storey, Wilson, Wilcox, Wade, Whitley.

Those not voting were Messrs.-

Bush, Boyd, Brown, Craie:o, McGarrity,
Yeas 5.

McClure, Osborne, Sheppard, Sanford, Starr.

Tatum, Upchurch, Williams, Mr. President.

Nays 25. Not voting 14.

So the motion to disagree to the report of the committee did not pravail.

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

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 when the defendant in fl. fa. has
an interest or equity therein, but does not hold the legal title thereto, and for other purposes.
The report was agreed to.
Mr. Long called for the previous question, which was sustained, and the main question was put, viz.: Shall the bill now pass ?
The bill was read the third time, and on the question of its passage Mr. Monro called for the yeas and nays, which were recorded.

THURSDAY, DECEMBER 5, 1895.

407

Those voting in the affirmative were Messrs.-

"Bussey, :Boyd, Brand,

Cumming, Harris of the 3d, Mercer,

Starr, Wilson.

Those voting in the negative were Messrs.-:-

.Beeks, Broughton, Harris of the 12th, Harris of the 22d, Harrison, -Johnson, Lewis, Long,

Little, Lumpkin, McMillan, McGregor, Monro, McClure, Norman, Osborne,

Ryals, St{)ry, Sanford, Hharpe, Tatum, Wilcox, Wade, William e.

Those not voting were Messrs.-

Bush, Brown, Craigo, Xeen,
Yeas 8.

Morton, McGarrity, Roberts,

Snead, Upchurch, Whitley,

Sheppard,

Mr. President.

Nays 24. Not voting 12.

So the bill was lost.

On motion of Mr. Wilson, it was ordered that when the &nate adjourns this day it will adjourn until8 o'clock P.M.

The following message was received from the House :through Mr. Hardin, the Clerk thereof:
.Mr. President :
The House has passed the following bills of the House, .by the requisite constitutional majority, to wit:
A bill to vest the management of jails in certain counties in the board of commissioners of roads and revenue~;,.
Also, a bill to repeal the charter of the city of Man-chester.
Also, a bill to authorize the mayor and council of .Clarkesville to issue bonds for school purposes.
Also, a bill to amend the charter of the city of Cordele.

408

JOURNAL OF THE SENATE.

The following bills of the Senate were read the second' time and recommitted, to wit :
A bill to amend an act, approved September 18, 1885 (Acts 1884 and 1885, page 121), so as to prevent the manufacture of certain liquors.
Also, a bill to amend an act, approved November 12, 1889, to declare ineligible to any other municipal office the councilmen and aldermen of the towns and cities in this State.

The bill of the Senate to provide for a board of commissioners of roads and revenues for Lumpkin county was read the second time and pa!!sed to a third reading.

The bi11 of the House to repeal the charter of the town of Manchester was read the first time and referred to the Special Judiciary Committee.

The following resolutions of the House were read the first time and referred as indicated, to wit :
A resolution authorizing the Treasurer of this State to transfer on the books of his office from the military fund of 1894 to the military fund of 1895, etc.
Also, a resolution for the relief of the Brunswick Street Railroad Company, etc., and for other purposes.
Referred to the Committee on Finance.
By resolution of Mr. Craigo, the Hon. Justus c_
Adams, Speaker of the House of Representatives of theState of Indiana, was invited to a seat in the Senate during his stay in this city.

The Senate adjourned until 8 o'clock P. M.

THURSDAY, DECEMBER 5, 1895.

40~

8 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President pro tern. in the chair.
The roll-call was, on motion, dispensed with.

Mr. Hrrris, chairman ofthe General Judiciary Commit-tee, submitted the following report:
Mr. Pleaident:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they donot pass, to wit :
Senate bill No. 275, by Senator Monro of the Twenty-fourth, to be entitled au act to amend an act, approved. November 12, 1889, entitled an act to declare councilmen and aldermen of the t<>wns and cities in this State ineligibleduring their term of office to any other municipal office, etc.
.Also, House bill No. 691, by Mr. "Broyles of Fulton, tobe entitled an act to amend section 1675(a) of the Code of 1882, which prohibits foreign corporations from owningmore than 5,000 acres of land in Georgia, etc.
They have also considered the following bill, which they direct me to report to the Senate, with the recommendation. that it do pass, proofs correct, to wit:
House bill, by Mr. Willink of Chatham, to be entitled an act to authorize the mayor and council of Savannah to condemn property for the purpose of widening, extending~ <>r straightening streets, etc.
Respectfully- submitted. K. E. HARRIS, Chairman.

410

JOURNAL OF THE 8EXATE.

The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to authorize the town council of Hogansville to issue bonds, etc.
Also, a bill to fix the time and manner of electing the mayor and council of the town of Decatur.
Also, a bill to incorporate the town of Alto, etc.
Also, a bill to amend the charter of the town of Camilla, and for other purposes.
Also, a bill to create .a board of commissiont>rs for the -city of Savannah.
Also, a bill to incorporate the town of Braswell, in Paulding county.
Also, a bill to change the time of holding the spring term of Dawson superior court, and for other purposes.
Also, a bill to limit the jurisdiction of the city council .()f DeKalb county in civil cases to amounts exceeding one .hundred dollars.
Also, a bill to incorporate the town of Battle Hill. Also, a bill to amend 16i5(n) ofthe Code. Also, a bill to amend the county commissioners' act for DeKalb county, etc. Also, a bill to amend the charter of the town of Cairo.

The following bills of the House were read the SE:'cond time and recommitted, to wit.
A bill to amend the act for Troup coun~y so as to elect ~ommissioners at general elections.
Also, a bill to amend section 943(a) of the Code of 1882.

THURSDAY, DECEMBER 5, 1895.

411

The following bills of the House were read the first time ~md referred as indicated, to wit:
A bill to amend the act to establish a city court in the .county of Clarke, etc., and for other purposes.
Referred to the General Judiciary Committee.
Also, a bill to amend an act to establish a system of public schools in the town of Quitman, etc.
Referred to the Committee on Education.
Also, a bill to fix the compensation of the two baliff.'l of the second division ofthe city court of Atlanta.
Referred to the Special Judiciary Committee.
Also, a bill to change the time of holding the superior .court of Pulaski county..
Referred to the Special Judiciary Committee.
Also, a bill to amend an act to prohibit the sale of intoxicating liquors within certain limits of the depot of the Atlapta and Richmond Air Line Railroad.
Referred to the Committee on Temperance.
Also, a bill to amend an act to prohibit the sale of spirituous liquors at Trion Factory.
Referred to the Committee on Temperance. Also, a bill to amend the charter of the town of Shell-
man.
Referred to the Committee on Corporations.
Also, a bill to amend an act, approved October 19, 1891, to establish city courts in counties having a population of 15,000 or more where the same do not now exist, upon the recommendation of the grand juries, etc., and for other purposes.
Referred to the General Judiciary Committee.

412

JOURNAL OF THE SENATE.

Also, a bill to establish a board of road commissionersand to provide for a system of public road working, etc., in the county of Bryan.
Referred to the Committee on Corporations.
Also, a bill to amend the charter of the city of Cordele~ Referred to the Committee on Corporations.
Also, a bill to authorize the mayor and council of thetown of Clarkesville to issue bonds, etc., and for other purposes.
Referred to the Committee on Education.
Also, a bill to amend an act to incorporate the town of Locust Grove, in Henry county, and for other purposes.
Referred to the Committee on Corporations.
Also, a bill to amend an act to amend an act fixing thetime for holding the superior courts in the counties composing the Rome judicial circuit, and for other purposes, by changing the times for the holding of said courts in the counties of Floyd and Chattooga.
Referred to the General Judiciary Committee.
Also, a bill to establish new terms and to regulate the practice of filing, returning, and trying new cases in thecity court of Richmond county, etc., and for other purposes.
Referred to the Special Judiciary Committee.
Also, a bill to amend the act incorporating the Title Guaranty and Loan Company of Savannah.
Referred to the Special Judiciary Committee.
Also, a bill to provide for removal of obstructions in the running streams of Madison county.
Referred to the Special Judiciary Committee.

THURSDAY, DECEMBER 5, 1895.

413

Also, a bill to amend the several acts incorporating the -town of Conyers, and for other purposes.
Referred to the Committee on Corporations. Also, a bill to amend the charter of the city of Atlanta. Referred to the Committee on Corporations.

The following Honse resolution was read the first time :and refe~red to the Special Judiciary Committee, to wit:
A resolution for the relief of John M. Williams of Catoosa county.

The resolution of the House, approving the bill now pending in the national Congress for the establishment of a .dry dock at Key 'Vest, Florida, was concurred in.

The resolution of the House, inviting the Hon. T. G. .duBignon to address the General Assembly, was taken up and concurred in.

Also, the bill to vest the management and care of all jails and persons confined therein under the control of the county .commissioners of roads and revenues, and for other
pUYpOSeS.
Referred to the Committee on Public Property.

Mr. Sheppard, chairman Military Committee, submitted the following report:
Mr. President:
The Military Committee have had under consideration Senate bill No. 42, which is an act entitled an act to amend .section 1103(ss) of the Code of 1882, which declares and .describes the State flag, and instruct me to report the same hack to the Senate, with the recommendation that it do not pass.

414

JOURNAL OF THE SENATE.

Also, Senate bill No. ~10, which is an act entitled an act to authorize the Governor to appoint military officers without salary, and for other purposes, and instruct me to report the same back to the Senate, with the recommendation that the same do not pass.
Also, House resolution No. 86, authorizing the Treasurer of this State to transfer on the books of his office from the military fund of 1894 to the military fund of 1895 the unexpired balance of 1894, amounting to the sum of $623.11, and instruct me to report the same back to the Senate, with the r~commendation that it do pass.
Respectfully submitted.
w. W. SHEPPARD, Chairman.

The Senate took up the report of the Committee on Corporations on the bill of the House to create and organize a board of tax-assessors and receivers for the city of Savannah.
The committee reported in favor of its passage.
The report was amended, on motion of Mr. Osborne, as follows:
1. By adding at the end of the fifth section the words, "or such other place as the mayor of Savannah may designate."
2. Amend by striking out all of section 6 after the word "further" in the second line thereof, and in lieu thereof insert the words, "enacted that the mayor of Savannah shall have power to appoint one of said board of tax-assessors and receivers as clerk of the board, in which event such tax-assessor and receiver so appointed shall serve as clerk during the term for which he is appointed tax-assessor and receiver, and the tax-assessor and receiver so appointed as clerk shall receive, in addition to his compensation or salary as such tax-assessor and receiver, such

THURSDAY, DECEMBER 5, 1895.

t115

as compensation for his additional duties the mayor and
aldermen of Savannah, in council assembled, may prescribe.'r

The report, as amended, was agreed to.

The bill was read the third time and passed as amendedayes 25, nays 0.

The Sena'te took up the report of the Special Judiciary Committee on the bill of the House to amend an act to provide compensation for the members of the board of roads and revenues for Catoosa county, and for other purposes.

The committee reported in favor of its passage.

The report was amended, on motion of Mr. Tatum, by striking from section 1, in line 6, after the word "compensation," all of said section and insert in lieu thereof the following: "That the clerk of said board of commissioners of roads and revenues shall receive the following compensation : A sum not to exceed fifty dollars per annum."

The report, as amended, was agreed to.

The bill was read the third time and passed as amendedayes 24, nays 0.

Mr. Johnson, by general consent, introduced a bill to establish a system of public schools for the town of Statham, and for other purposes, which was read the first time and referred to the Committee on Education.
Also, by Mr. Johnson, a bill establishing a new charter for the town of Statham, which was read the first time and referred to the Committee on Corporations.

The Senate took up the report of the Committee on Agriculture on the bill of the Senate to amend an act regulating the sale of fertilizers in this State, and for other purposes.

116

JouRNAL OF niE SENATE.

The committee reported in favor of its passage with an .amendment, \vhich was adopted, and the report was agreed to.
The bill was read the third time and passed as amended.ayes 26, nay.s 0.

The Senate took up the report of the Committee on Railroads on the bill of the Senate to authorize the Gov-ernor to relinquish all claims of the State to the Blue Ridge .and Atlantic Railroad under certain conditions therein named, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-ayes 24, :nays 0.

The bill of the Senate to amend an act to amend an act to regulate t.he business of insurance brokers in this State was taken up for a third reading and laid on the table.

The Senate took up the report of the Committee on Edu-cation on the bill of the House to authorize the town coun-cil of Bowman to issue bonds, etc., for educational purposes.
The report was agreed to.
The bill was read the third time and passed-ayes 27, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town <Jf Douglas, in Coffee county, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was rend the third time and passed-ayes 27, nays 0.

THURSDAY, DECEMBER 5, 1895.

417

The Senate took up the report of Finance Committee on the bill of the Senate to provide for the sale or lease of the Northeastern Railrcad, to cooler certain powers and duties upon the Governor with reference thereto, and for other Jmrposes.
The committee reported in favor of its passage.
The report was amended, on motion of Mr. McGregor, by adding the words "city of Chicago," after the words "'city of New York," in section 1.
The report was further amended, on motion of Mr. Lnng, by adding the following:
" As an inducement for the purchase or lease of said railroad, the Governor is hereby empowered, if he should deem it proper, to convey to the Dahlonega Railroad Company, by a deed in fee simple, a one-half undivided inter~st in and to all the Iandt" in and around the town of Lola, which were conveyed to said Northeastern Railroad Company, or for its benefit, by J. H. Banks and others for railroad purposes, on the condition and consideration that said Dahlonega Railroad Company extends its road to the town of Lula and connects with said Northeast~ro Railroad within two years from the date of the approval of this act; provided, this shall not be construed to authorize the convf'yancc of such portion of said property as is now used for ~ terminal purposes."
The report, as amended, was agreed to.
... The bill was read the third time and passed as amended-:-
ayes 26, nays 0.
The Senate, on motion, adjourned until 10 o'clock AM.
to-morrow.

418

JOURl\AL OF THE SENATE.

SENATE CHAl\IBER, ATLA:STA, GEORGIA.
~~riday, December 6, 1895, 10 O'clock A. llf.

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

Prayer was offered by the Chaplain.
0~ the call of the roll, the following Senators answered to their names:

Beeks, Broughton, Bush,
Bust~ey,
Boyd, Brand, Cumming, Craigo, Harris of the i!d, Harris of the l:i!th, Harris of the 22d, Harrison, .Johnson, Keen,

Lewis, Long, J.ittl{, Lumpkin, McGregor, 1\kl\lillan, Mercer, :Monro, McClure, Norman, Osborne, Ryals, Roberts, Sheppard,

~torey,
Sanford, Snead, Sharpe, Htarr, Tatum, Wilcox, Wilson, Wade, Whitley, Williams,
:ur. President.

Those absent were Messrs.-

Brown, Morton,

:\lcGarrity,

Upchurch.

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.

i

A'
Mr. Sheppard moved to take from the table the recon-:. ..

sidered bill of the Senate to regulate hunting and fishing '

in this State, etc., and for other purposes, and proposed to

put the same on its passage.

Mr. Cumming made the point of order that a vote by yeas and nays having been taken on the hill befi)re the motion to lay on the table was submitted and prevailed,

FRIDAY, DECJo~MBER 6, 1895.::.

419

the first businetos in order was the announcement of thevote thereon.

The point of order was sustained, and the following wai" announced as the vote:

Those voting in the affirmative were Metosre.-

Beeks, Broughton, Harris of the 12th, Long, McMillan, :Mercer, McGregor,

Monro, Morton, Norman, Sheppard, ~an ford, Snead, Sharpe,

Starr, Tatum, Wilson, Wilcox, Whitley,.. W i l l i a m s ..

Those voting in the negative were MesHs.-

Bussey, Boyd, Brand, Harris of the 3d, Harrison,

Johnson, Keen, Lewis, Little,

Lnmpkin, McClure, Upchurch,.. Wade.

Those not voting were:MessrE.-

Rish, Brown, Cunming, Craigo,

Harris of the 22d, McGarrity, Osborne, Ryals,

Robert!<;.. Storey, Mr.: Presi.ilerrt:.

Yeas 20. Nays 13. Not voting 11.

So the reconsidered bill, not havi~g received:a QOnstifutionul majority, was lost.

Mr. Sheppard then moved to have the list ef voters revised by allowing Senators not voting on yesterday to add their votes on tl1e question of passing the bill.

It was ruled by the President that it wa~ tos Jute to thus revise and change the vote.

Mr. Lewis subrnitte,-J the followieg report :
J-Ir. Ptesident: Your committee have had under consideratiOn the fof.-
lowing bills:

-420

JouRNAL OF THE SENATE.

No. 89, a resolution for the relief of the South Bruas-wick Railway Company, and recommend it do pass

..Also, No. 115, a resolution for the rE>lief of the Bruns\Wick Street Railroad Company, and recommend it do pass :'aS :amended.

Also, No. 138, a bill to be entitled an act to appoint an

'insurance commissioner and clerk to said commissioner for

Georgia. The committee permitted the author of the bill

.to .withdraw it.



:Respectfully submitted.

E. B. LEWIS, Chairman.

The following message was received from the House through M. A. Hardin, the Clerk thereof:
.Mr. Preside11t :
'The House bas passed, by the requisite constitutional :majority, the following bills of the House:
A bill to incorporate the town of Moultrie as the city of Moultrie, and for other purposes.
Also, a bill to amend an act granting charters to bank:ing companies.
Also, a bill to amend the charter of Hape,ille, and for other purposes.
Also, a bill to make an appropriation to the State Memorial Board for the marking by monuments and other :suitable memorials of Georgia troops in the battle of Chickamauga, within the limits of Chickamauga National Park.
Also, a bill to amend an act prohibiting the sale of intoxicating liquors in Habersham county.
Also, a bill to amend an act by providing an annual pen.sion to such ex-Confederate soldiers as are unable to provide a living for themselves.

FRIDAY, DECEMBER 6, 1895.
Also, a bil1 to amend section 4928 of the Code~ Also, a bill to amend an act to incorporate the tewn off Graysville. Also, a bi11 to create a board of commissioners of roads and revenues for Coffee county. Also, a bi11 to meate a board of commissioners for Fannin county.
Also, a: bill to authorize the city of Augusta to extend at
ditch beyond the city limits. Also, a bill to authorize the mayor and council of Dali>-
lonega to grant to rnilroads the use of any streets. Also, a bi11 for the relief of the North Georgia A\gr.i;..
.cultural College. Also, a bill to amend the act incorporating the ai~ of
Chickamaug~~.
The House bas also adopted the following resolutions of!' the Senate, to wit:
A resolution for the relief of John Evett and othens off Cat.oosa county.
Also, a resolution revoking ceded rights to the- United States over certain lands adjoining Chickamauga NatiOnal! Park.
Also, a resolution that the caption of House bill No~ ~97. be changed by striking certain words therefrom.
Also, a rt-solution to relieve the Atlanta and CLatta:boochee Railway Company and the Collins Park and Bltltt Railway Company.
The Senate took up the report of the Committee. om Agriculture on a bill of the Senate to amend an act entitled an act for a general Jaw as to inspection, analysis, and

-422

Jot.:RXAL OF THE SENA'fl<:.

sale of fertilizers, approved Octooer 19, 1891, etc., and for other purpose:;.

The committee reported in favor. of its passage by substitute, and the report was agreed to.

The bill was read the third time, and, on the question of its passage as amended by substitute, the yeas and nays lvere demanded and recorded.

Those \'Oting in the affirmative were Messrs.-

Broughton, Bush, Bussey, Boyd, Brand, Harris of the 8d., Harris uf the 12th, Harris of the 22d., Harrison, .Johnson,

Keen,' Lewis, Long, Little, Lumpkin, Mercer, lllcGregor, Monro, McClure,

Ryals, Sheppard, ~an ford, Snead, Sharpe, Starr, Tatum, Wilson,
William~.

Those voting in the negative were Messrs.-

1\lorton, Norman,

Osborne, Storey,

Wilcox.

Those not \'Oting were Messrs.-

Beeks, Brown, Cumming, .Craigo,

Mdlillan, 1\lcUa rrity, Roberts, Upchurch,

Wade, Whitley, Mr. President.

Yeas 28. Nays 5. Xot voting 11.

.8:1 the bill was passed by a constitutional majority.

On motion of Mr. McGtegor, the bill was ordered imme.{liately transmitted to the House.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report:
Mr. President: The Committee on Corporations have had under consid-
.eration the J'ollowing Senate bill, which they direct me to

}"RIDAY, DECEJIIBER 6, 1895.

4:l3

report back, with recommendation that it do past', the proof.<; being correct:

A bill to be entitled an act to revise the charter of

Rruton, and for other purposes.

Resp~ctfully submitted.

-'~.

C. H. BRAXD, Chairman.

Mr. Harris, chairman of the General Judiciary Comntittee, submitted the following report:
Mr. President:
The General Judiciary Committee have bad under consideration the following bill, which they direct me to report to the Senate, with the recommendation that the same do pass as amend(>d, to wit:
Senate bill No. 2~9, by Senator Harris of the Twentysecond, to be entitled an act to establish a court' t>f appeals, etc.
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, which they instruct me to report back, with the recommendation that the same do pass as amended, to wit:
A bill to amend the charter of the city of Cordele, in the county of Dooly, so as to authorize the establishment of a
.system oip)itilic sehools in saide city) and .for other pur-
poses. Respectfully submitted. WALTER C. BEJo;Ks, Chairman

424

JOURNAL OF THE SENATE.

The Senate took up the report of the .Special Judiciary Committee on the bill of the House establishing a new charter for the city of Covington, 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 amendedyeas 31, nays 0.

The Senate took up the report of the Finance Committee on the resolution of the Honse to authorize the State Treasurer to pay John Faver for services, etc.
The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the yeas and nays were rt>Corded.

Those who voted in the affirmative were Messrs.- .

Beeks, Broughton, Bush, Bussey, Boyd, Cumming, Harris of the 22tl, Harrison, Keen, Lewil',

Long, Little, Lumpkin, McMillan, Mercer, Monro, Osborn!', Ryals, Sanford, Snead.

Sharpe, Starr, Tatum, Upchurch; Wildon, Wilcox, Wade, Whitley, Williams.

Those not voting were Messrs.-

Brand, Brown, Craigo, Harris of the 3d, Harris of the 12th,

Johnson, McGregor, Morton, McGarrity, McClure,

Yeas 29. Not voting 15.

Norman, Robert!', Sheppard, Storey, Mr. President.

So the resolution was concurred m by a constitutional majority.

FRIDAY, DECEMBER 6, 1895.

425

The bill of the Senate to cr('.ate a board of commissioners of roads and revenues for the county of Irwin was laid on the table.

By resolution of Mr. Bush, the Hon. P. W. H. Tatum, of the county of Dade, was invited to a seat in the Senate during his stay in the city.

On motion of Mr. Harris of the Twenty-second district, it was ordered that all Senate bills passed this day and until the close of the session be immediately transmitted to the House.

The Senate took up the report of the Finance Committee on the bill of the Senate to provide for a fixed compensation for insuranc commi8Sioner, and clerk of insurance department, and for other purposes.
The committee reported in favor of its passage, with C('rtain amendments.
Mr. Long proposed to amend the report as follows :
Amend section 1 by striking out all of said section from the words "the clerk" in the sixth line, and including the word "Governor" in the tenth line.
On the question of the adoption of this amendment, Mr. Brand demanded the yeas and nays, which were recorded.

Those voting in the affirmative were Messrs.-

Johnson, Long,

1\Ionro, 1\IcClure,

Norman, Whitley.

Those voting in the negative were Messrs.-

Beeb, Broughton, B1181!ey, Boyd, Brand, Cumming,

Harrison, Keen, Lewis, J.ittle, Lumpkin,. McMillan,

Roberts, Sheppard, Storey, Sanford, :Snead, Sharpe,

426

JOURXAL OF THE SEXATE.

Craigo, Harris of the 3d, Harris of the 12th, Harris of the 22d,

Mercer, McGregor, Morton, Ryals,

Those not voting were Messrs.-

~tarr,
Upchurch, 'Vade, Williams.

Brown, Bush. 1\fcGarlity,
Yeas 6.

o~borne,
Tatum, Wilcox,

\Vilson, l\lr. President.

Nays 30. Not voting 8.

So the amendment was not adopted.

The amendments of the committee were adopted and the report was agreed to.

The bill was read the third time and lost, there being yeas 3, nays 25.

The following message was recehed from the Hou5e through Mr. Hardin, the Clerk thereof:
.Air. Hesident :
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to amend an act to create a board of commissioners of roads and revenues for Wilcox county.
Also, a bill to amend section !3888 of the Code of 1882.
Also, a bill to require Spalding county to pay the offieers of court the co!'ts now allowed by law in each case eonvicted and worked in the chain-gang of said county.
Also, a bill to provide a public school system for Wadley.
The House has also passed the following bills of the Senate, to wit.:
A bill to amend an act relating to the issuing and granting corporate powers to railroad companies by the Secretary of State.

FRIDAY, DECEMBER 6, 1895.

427

Also, a bill to make penal the selling or buyin!!' seed cotton in the county of Columbia.

The House has also concurred in the Senate amendment to House bill, to wit:
A bill to amend the charter of the town of Dawson, to require the election of the clerk by the mayor.

Mr. Whitley, chairman of the Committee on Engrossing, submitted the following report:

Jfr. President:

The Committee on Engrossing have had under consid-

eration the following; Senate bills, which they ditect ,lne to

report the same properly engrossed and readr to be trans-

mitted-to the House: .

t

A bill to be entitled an act to amend sections I and 2 of an act entitled an act to amend the laws of this State in reference to the inspection of illuminating oils.

Also, a bill to be entitled an act to repeal paragraphs 8 and 9 of section 1 of article 5 of the Constitution, which refer to the filling of vacancies in the office of Governor.
Also, a bill to be entitled an act to provide for the sale -of the Northeastern Railroad.
Also, a bill to be entitled an act to authorize the Governor to relinquish all claims of the State to the Blue Ridge and Atlantic Railroad.
Also, a bill to be entitled an act to amend an act regulating sales of fertilizers in this State, and for other purposes.
Respectfully submitted. T. H. WHITLEY, Chairman.

428

JouRNAL OF THE SENATF..

Mr. Harris, chairman of the Special Judiciary Committee, submitted the following report :
Mr. Preltident:
The Special Judiciary Committee have had under consideration the following House bill, which they direct me to report back, with recommendation that it do pass:
Abill to repeal the charter of the city of Manchester,. to incorporate said city under the name of College Park,. and for other purposes.
Respectfully submitted. S. R. HARRIS, Chairman.

Mr~ Sheppard submitted the following report:
Mr. President: The Military Committee of the Senate have had under consideration Senate bill No. :220, which is an act entitled an act to amend, revise, and consolidate the military laws. of this State, tJ declare what military Iaws are of force,. to repeal conflicting laws, and for other purposes, and instruct me to report the same back to the Senate, with the recommendation that it du not pass.
Respectfully submitted. W. W. SHEPPARD, Chairman.
The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act to rt>gulate the business of insurance brokers in this Stat.e,. etc., and for. other purposes.
The committee reported in favor of the passage of the bill by substitute, which substitute the committee pro- posed to amend.
The amendments proposed by the committee to the sub-stitute were lost.

FRIDAY, DECEMBER 6, 1895.

429

The substitute was adopted, and the report was agreed to.
The bill was read the third time and passed as amended l>y substitu~, there being ayef;l 35, nays 0.

On motion of Mr. Tatum, the bill of the House was read the first time, and referred to the Committee en Finance, to wit :
A bill to make an appropriation to the State Memorial .Board, etc., and for other purposes.

The Senate took up for a third reeding the bill of the Senate to amend section 926 of the Code, which, on motion, was laid on the table.

The bill of the Senate to revise the charter of the town -of Bruton, and for other purposes, was read t'he second time .and passed to a third reading.

Mr. Beeks, chairman of the Committee on Education, submitted the following report :
Mr. President:
Your committee have bad under consideration the follo..<ing House bill, which they direct me to report back, with the recommendation that the same do pass, to wit :
A bill to amend an act to establish a system of public schools in. the town of Quitman, approved ~eccmber 26, 1888, and amended November 4, 1889, 110 as to provide for the election of a board of education by the qualified voters of said town.
Respectfully submitted. WALTER C. BEEKS, Chairman.
The Senate took up the report of the Special Judiciary Committee on the hill of the Senate to provide for a board of

430

,TOUR.XAL OF THE SEXATF.

commissioners of roads and revenues of Lumpkin 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-yeas 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend an act, approved November 18, 1889, entitled an act to declare the councilmen and aldermen of the towns and cities iu this State ineligible during their term nf office to any oth_er municipal office in said towns and cities, excepting officers appointed by the mayor.
The report was agreed to.
The bill was read the third time and passed-yeas 29, nays 0.

On motion of Mr. Tatum, the Senate took up the report of the Committee on Corporations on the reconsidered bill nf the Senate to repeal an act, approved December 26, 1888, to require corporations and persons doing business in this Stat~ to redeem in cash any script, checks, or other written evidence of debt for wages of laborers.
The report was agreed to.
The bill was read the third time, and on the question of its passage there were yeas 17, nays(} ; so the bill was lost.

The Senate took up the report of the General .Judiciary Committee on the bill of the Senate to establish a court of appeals, to define its jurisdiction and practice, and for other purposes.
The committee reported in favor of its passage, with the

FRIDAy' DECEMBER 6, 1895.

431

amendments which were adopted, and the repott was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.

The following bills of the Hou8e were read the first time and referred as indicated, to wit:
A bill to create a board of county commi8sioners for l<,annin county.
Referred to the Special Judiciary Committee.
Also, a bill to authorize the mayor aud council of Dahlonega to grant the use of any of the streets of said town to any raih:oad, etc.
Referred to the Committee on Railroads.
Also, a bill to incorporate the town of Moultrie, etc., and for other purposes.
Referred tQ the Committee on Corporations.
Also, a bill to amend an act to create a board of commissioners of roads and revenues in the county of \Vilcox, etc., and for other purposes.
Referred to the Special Judiciary Committee.
Also, a bill to create a board of commissioners of roads and revenues for the county of Lumpkin.
Referred to the Special Judiciary Committee. Also, a bill to amend the cbatter of the town of Graysville. Referred to Committee on Corporations. Also, a bill to establish a public school system for the town of Wadley. Referred to the Committee on Education.

432

JOURNAL OF THE SENATE.

Also, a bil( to l!mend the charter of the town of Hapeville.
Referred to the Special Judiciary Committee.
Also, a bill to amend section 4928 of the Code.
Referred to the Special Judiciary Committee.
Also, a bill to authorize the, city of Augusta to extend a ditch beyond the city limits, and for other purposes.
Referred to the Committee on Corporations.
Also, a bill to amend an act to prohibit the sale of intoxicating liquors in the county Of Habersham, etc., and for other purposes.
Referred to the Committee on Temperance.
Also, a resolution of the House to relieve the Atlanta\ and Chattahoochee Railway Company and the Collins Park and Belt Railway Company from penalty for not returning taxes.

The Senate, on motion, adjourned until 8 o'clock P. H.

H O'cLocK P. M.
The Senate met pursuant to adjournment, and was called to order by the President pro tem.
The roll-call was, on motion, dispensed with.
Mr. Brand, chairman of the Committee on Corporations, submitted the following report:
M1. President : The Committee on Corporations have had under consid-
eration the following Senate bill, which they direct me to report back, with recommendation that it be read the secl)nd time and recommitted:

FRIDAY, DECEMBER 6, 1895.

433

A bill tc> be entitled an act establishing a new charter for

the town of Statham, Jackson county, Ga., and for other

purposes.

Respectfully submitted.

C. H. BRAND, Cbairma n.

The following message was received from the House through Mr. Hardin, tbe Clerk thereof:
Mr. President:
The House has concurred iu the Senate amendments to the following bills of the House, to wit:
A bill to amend an act approved December 9, 1893, creating a board of commissioners of roads and revenues for Catoosa county, providing for compensation for the clerk thereof.
Also, a bill to make owners of dead animals bury same.
Also, a bill to create and organize a board of tax-assessorsand receivers for the city of Savannah.
The Senate has also passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to authorize the trustees of the United Freewill Baptist Church to sell certain property and to make legal transfet'.
Also, a bill to consolidate, amend, and codify the various acts incorporating the city of Forsyth.
Also, a bill to fix the compensation of clerks at general elections.
Also, a bill to create a board of commissioners of roads and revenues for Habersham county.
Also, a bill to incorporate the town of Pinehurst; in the _ county of Dooly.
28&

434

JouRNAL oF THE SENATE.

The bill of the Senate to establish a new charter for the town of St.:ttham was rea:l the second time and passed to a third reading.

The fiJllowing bills of the Honse were read the first time and referred as respectively indicated, to wit:
A bill to amend section 3888 of the Code.
Referred to the General Judiciary Committee.
Also, a bill to amend an net, approved October 21, 1891, prescribing the method of granting charters to banking companies ..
Referred to the C J m:u ittee on B.tn ks.
Ali'o, a bill to ref)uire Sp:tlding county to pay the office1s of court the cost now allowed by law, etc., and. for other purposes.
Referred to the General ,J u:liciary Cummittee.
Also, a bill to ameL'd the cl1arter of the city of Chickamauga, in Walker county.
Referred to the CtJmmittee on CJrpomtions.
Also, a bill to amend section 6 of an act to carry into effect the act, amending paragraph 1 of article 7 Df the Constitution of this State, etc.
Referred to the Committee on Finance.
Also, a bill for the relief of the :North Georgia Agricultnml College, etc.
Referred to the Committee on Corporations.
Also, a bill to authorize the trustees of the United Freewill Baptist Church of Columbus, Ga., to sell certain land.
Referred to the Committee on Special ,Judiciary.
Also, a bill to create a board of commissioners of roads and revenues in the county of Habersham.

FRIDAY, DECEMBER 6, 1895.

435

Referred to the Special Judiciary Committee.
Also, a bill to amend an act to consolidate. the several acts incorporating tte city of Forsyth, etc., and for other purposes.
Referred to the _Committee on Corporations.
Also, a bill fixing the compensation of clerks of general elections in the county of Pierce, etc.
Referred to the Special Judiciary Committee.
Also, a biil to incorporate the town of Parkhurst. Referred to the Committee on Corporations.
Also, a resolution correcting House bill No. 397. Referred to the General Judiciary Committee.
Also, a resolution for the relief of Evett and others of Catoosa county.
Referred to the Committee on Finance.
Afso, a resolution revoking ceded rights granted to the United States over certain lands adjoining Chickamauga National Military Park.
Referred to the General Judiciary Committee.

Mr. "Whitley, chairman Committee on Engrossing, submitted the following report:
.1.lfr. President:
The Committee on Engrossing have examined tile following Senate bill, which they direct me to report back: properly engrossed and ready to be transmitted to the House:
A bill to be entitled an act to amend an act, approved November 12r 1889, entitled an act to declare the council-

436

JouRNAL OF THE SENATE.

men and aldermen of the towns and cities in this State ineligible during their term.of office, and for other purposes.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Long, chairman Committee on Banks, submitted the following report:
.Aft. President:
Your committee have had under consideration the following bill, by Mr. Rockwell of Chatham, No. 620, which they recommend do pass:
A bill to be entitled an act to amend an act entitled an act to incorporate the Savannah Bank and Trust Company of Savannah, and the amendments thereto, to permit said bank to reduce its capital stock, and f<>r other purposes.
Also, a bill by Mr. O.;;borne of the First district, No. 277, which they recommend he be allowed to withdraw.
Also, a bill by Mr. O,;borne ofthe First district, No. 276, which they recommend be nad a second time and be recommitted to the Committee on Banks.
Respectfully submitted. N. G. Lmw, Chairman.

The \:,ill of the Senate to authorize banking corporations to change the face value of their stock without amending the charter was read the second time and recommitted.

The following bills of the House were read the second time and passed to a third reading, to wit:
A bill to amend an act establishing a system .of public schools in the town of Quitman, etc.
Also, a hill to amend an act to incorporate the Savannah

FRIDAY, DECEMBER 6, 1895.

437

Bank and Trust Company of Savannah, and for other purposes.
Also, a bill to repeal the charter of the city of Manchester, and for other purposes.
Also, a bill to amend the charter of the city of Cordele, etc., and for other purposes.
Also, a resolution authorizing the Treasurer of the State t1 transfer on the books of his office from the military fund of 1894 to the military fund of 1895 the unexpended balance of 1894, amounting to the sum of $628.11.

The 8enate took up the report of the Special Judiciary Committee on the bill of the House to establish the city court of Coffee county.

The report was favorable to the passage of the bill.

On motion of Mr. \Vilson, the report was amended by

striking out the word "superior" in the third and fourth

lines of the thirty-ninth section, and inserting in lieu thereof

the word "supreme."

.

The report, as amended, was agreed to.

The hill was read the third time and passed as amended -yeas 28, nays 0.

The Senate took up the rep?rt of the Special Judiciary Committee on the bill of the House to repeal the county court act so far as it applies to the county of Coffee.
The report was agreed to.
Proof of legal notice was submitted.
The bill was read the third time and passed-yeas 24, nays 0.
Mr. Harris, chairman of the General Judiciary Committee, submitted the following report:

438

JOURNAL OF THE SENATE.

Mr. President:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit:
House bill No. 362, by Mr. Worley of Elbert, to be entitled an act to change the time for holding the regular quarterly term of the city court of Elbert county, etc.
Also, House bill No. 624, by Mr. Brown of Pulaski, to be entitled on act to change the time of holding the >'uperior court of Pulaski county.
Also, House bill No. 700, by Mr. Shropshire ofChattooga, to be entitled an act to amend an act approyed December 20, lh93, entitled an act to amend an act approved December 29, 1890, fixing the time for holding the superior courts in the Rome judicial circuit, etc.
They have also considered the following bills, which they direct me to report to the Senate, with the recommendation that they do pass as amended, to wit:
House bill No. 91, by Mr. Wright of Floyd, to be -entitled an act to regulate admission to the bar.
Also, House bill No. 387, by.Mr. Hodges of Bibb; to be entitled an act to fix and define the liability of recei Yers, etc., operating railroads, etc.
They have also considered the following bills, which they direct me to report to the Senate, with the recommendation that they be read the second time and recommitted, to wit:
House bill No. 319, by Mr. Fogarty of Richmond, to be entitled an act to prohibit the levying and collecting by any incorporated city, town, or village in this State of any 1icense or tax on any traveling salesman for the taking ot" ()rders, etc.

FRIDAY, DECEMBER 6, 1895.
Also, House hill No. 398, hy Mr. Mell of Clarke, t? he ntitled an act to amend an act entitled an act to establish a city court in the county of Clarke, etc.
Respectfully submitterl. N. E. HARRIS, Chairman.
Mr. Long, chairman on the part of the Senate of the Joint Committee of Senate and Honse appointed to investigate the condir.ion of the Blue Ridge and Atlantic Railroad, submitted the following repo;t:
Mr. Pre.~ident:
The Joint Committee appointed to investigate the conclition of the Blue Ridge and Atlantic Railroad report this: They ha,e made careful inquiry into the physical and financial condition of the road and find the roadbed, btidges, rolling-stock, etc., to be in fair condition, while the tre~tles, eleven in number, are itT a very bad condition, making it unsafe and dangerous to run train" over them; <'Specially is thi~; true of that portion of the road between Clarkesville and Tallulah Falls. \Ve find the road in the hands of a receiver, appointed by the United Stutes court, and operated by and under the direction of said court. We find that the O'perating expenses, since being placed in the hands of a receiver, have exceeded the income as per statement of receivet.
\Ve find the receiver has issued, during the years since the road has been placed in his hands, receiver's certificates to the amount of twehe thousand dollars, issued for the purpose of operating said road, as per statement herewith given marked 2. \\'e submit said receiver's report without expressing an opinion as to the necessity or legality fill' issuing said certificates. Owing to the country being sparsely settled, the revenue from passenger as well as freight traffic is necessarily meager, but, at the same time,

440

JouRNAL oF THE SENATE.

recognizing the individual rights of the citizens living on and adjacent to said road.
Your committee, therefote, recommend that the GoYernor be authorized to relinquish all claims the State of Georgia may have to said road, to the bondholders, or to any other persons, without recourse on the State, upon the foll.:nving conditions: That they pay all State and county tax, and that they resume a daily schedule from Cornelia to Tallulah Falls within ninety days, and that they put the roadbed, bridges, and trestles in good condition within six months ftom the approYal of these recommendations; provirling, that the relinquishment shall not be in effeet until all the requirements are fully complied with. Your committee herewith submit a bill to carry out the recornmendations contained in this report, which we request he read and referred to the appropriate committee.
Respectfully submitted.
X. G. Lo~w, Chairman.
TRA:IIMELL STARR,
X. E. HARRIS, On part of Senate.
M. T. PERKIXS, Chairman.
W:~I. WYNNE.
B. F. RA WLIXG!:l. FLETCHER l\I. JoHNSON. F. R. PooL,
On part of House.
On motion of Mr. Long, one hundred copies of the foregoing report were ordered to be printed for the use of the Senate.

The Senate, on motion, adjourned until 10 o'clock A. M. to-morrow.

SATURDAY, DECEMBER 7, 189l).

441

SENATE CHAJ\IBER, ATLA:STA, GEORGIA.
Saturday, December 7, 1895, 10 O'clock A. J\I.

The Senate met pursuant to adjournment, the President in the ch:1i r.

Prayer was offered by the Chaplain.

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

Heeb, Bush, llussPy, Hoyrl, Branrl, Cum1ning,
Harri!< or th~ 3d,
Harris of th 12th, Harris of the 22d,. Harrison, .J,hnson,

KPen, Lewis, Long, Litt]P, Lumpkin, )f.. :\lilian, :llercPr, :.\Ionro, l\ICiurP, Oshmm, Ryall-', HhPpp:trd,

Hanford, Snead, Sharpe, Starr, Tatnm, F 1clmrch,
Wil~on,
\VIIeox, \Vade, \VhitiE>y, Williams, )Jr. PresidPnt.

Those absent were Messrs.-

nron!!hton, Brown, McGregor,

?.lorton,
:llcG;~rrity,
Xorman,

Roberts,
~torey.

Mr. Harris, chairman of the Committee on Journals, reported the Journal as correct. It was then read and appro\'ed by the Senate.

The following message was recein~d from the House through Mr..Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to authorize the proper county authorities of the border counties to co-operate with adjacent States in building and keeping up bridges.

442

JouRXAL oF THE SE~ATE.

Also, a bill to appropriate twenty-five thousand dollrtrs to be used in the construction of buildings and furnishing same fi>r the State university.
Also, a bill to authorize the publication of the Georgia Reports from 1877 to 1883 inclusi,e.
Also, a bill to prohibit the manufactlll"e of any kind of spirituous or intoxieating liquors in the county of Coweta.
Also, a bill to amend section 1855 of the Code to change the number of commis::;ions in lunacy cases.
Also, a bill to ratify settlements made by the Governor .and Attorney-General concerning certain rights of the 'Vestern and Atlantic Railroad.
Also, a bill to appropriate $1,800 as compensation for .special commissioner'> to settle controve_rsies affecting the western and Atlantic Railroad, and further appropriating $3-50 for the payment of costs and expenses concerning the right of e\ery cafie against the Central Railroad.
.Also; a bill to repeal an act granting right of way to the Cincinnati Southern Railway where its route adjoins that of the Western and Atlantic Railway Co.
The House has alEo adopted the following resolutions of <Jf the House, tl1 wit :
A resolution to pay the per diem and the expenses of the committtee to examine the work of the Code commhswners.
Also, a resolnticn providing fm the payment to the city of Atlanta of the State's pn1portion of the padng of West Cain and Spring streets, etc.
Also, a resolution appropriating the sum of $500 to paint the dome and repair the roof of the capitol.
Also, a bill authorizing an agreement to be made with the city of Atlanta affecting the use of \Vall street.

SATURDAY, DECEMBER 7, 189-5.

443

Mr. Sheppard moved to reconsider so much of the Journal of yesterday as relat~s to the action of the Senate on the reconsidered bill of the Senate to regulate hunting and fishing in this State.
Mr. Harris, of the Third district, made the point of order that the bill having been once reconsidered the motion to reconsider a second time could not he entertained.
The point of order was sustained by the President under rule 84 of the Senate.

On motion of Mr. Starr, the action of the Senate, which

relates to concurrence in the resolution of the House to

allow the Treasurer of the State to pay John Faver for services, was reconsidered.

I

Mr. Lewis submitted the following report:
Mr. President:
The Finance Committee have had un<ler consideration the following bill :
No. 454, a bill to be entitled an act to amend section 943 of the Code 1882, providing for State depositoriPs, so as to add the city of Blackshear, Pierce county, Ga., and recommend it do pass.
Also, No. 85, a resolution requesting the Governor of Georgia to pay coupons of the Northeastern Railroad, and recommend it do pass.
Also, No. 277, a bill to amend act permitting Confederate soldiers to peddle without license, so as to permit them to peddle as life insurance agents, and recommend it do pass as amended.
Also, No. 612, a bill to be entitled an act to make an appropriation to the State Memorial Board for the purpose of , monuments and memorials for the position occupied hy the

444

JOURNAL OF THE SENATE.

Georgia troops participating in the battle of Chickamauga. and for other purposes, which they recommend do pass as amended.
Respectfully submitted. E. B. LEWIS, Chairman.

Mr. Wilcox, chairman of the Committee on the State of the Republic, submitted the following report:
:lh. P1esident:
The Committee on the State of the Republic have had under consideration the following hills, which they direPt me to report to the Senate, with the recommendation that they do not pas;;, to wit:
Senate hill ~o. 152, by Senator Whitley of the Thirtyeighth, to be entitled an act to provide for the registration of deaths, etc.
Als0, resolution Xo. 88, by Senator Brown of the Thirty-ninth, to be entitled a resolution to memorialize Congress to appropriate lands belonging to the public domain, with any moneys accruing for educational purposes, etc.
Respectfully submitted. GEo.'K. WILCox, Chairman.

Mr. Cumming, of the Eighteenth district, member of the Special Judiciary, submitted the following minority report:
Jfr. President:
The undersigned dissent from the report of the Special Judiciary Committee on House bill No. 730, by Mr. McDaniel of Fannin,. in reference to changing the county site of .Fannin county, which was favorable to the passage o_f the bill, and recommend instead that the bill do not pass for the reason that in the opinion of the undersigned this

SATURDAY, DECEMBER 7, 1895.

445

is a local bill, and there is no evidence that notice thereof

was given as pre8cribed by the Constitution and Statute8~

but on, the contrary, it. was admitted by the advocates of

the bill that no nGtice was given that this bill was to be

introduced.

'Respectfully submitted.

BRYAN CuMMING.

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

Mr. President:

The Special Judiciary Committee have had under consideration the fi>llowing House bills, which they dired me to report, with recommendation that the same do pass, to wit:

A bill to change the county site of Fannin county, in the State of Georgia, Jrom Morganton to Blue Ridge.

Also, a bill to fix the compensation to be paid persons employed as clerks in holding general elections at the preducts in the county of Pierce, and Jor other purposes.

Also, a bill to amend the act incorporating the Title Guarantee an~ Loan Company of Savannah.

Also, a bill to establish new ter1i1s, and to regulate the practice of filing, returning, and trying new cases in the city court of Richmond county, and for other purposes.

Also, a bill to amend an act to create a hoard of commissioner,; of roads and revenues in the county of Wilcox.

Also, a bill to create a board of county commissioners for Fannin county, and for other purposes.

The committee also recommend that the following Howse resolution do pass :

A resolution for the relief of John M. Williams of

Catoosa county.

Respectfully submitted.

S. R. HARRIS, Chairman.

446

JoURNAL OF THE SENATE.

Mr. Whitley, chairman of the Engrossing Committee, submitted the following report:
J:Ir. Pre8ident:
The Engrossing Committee have examined the following Senate hill and di.ect me to report the s11me properly engrossed and ready to be transmitted to tbe House:
A bill to be entitled an act to revise the charter of the town of Bruton, and for other purposes.
Respectfully submitted.
T. R. WHITLEY, Chairman.

Mr. Beeks, chairman of the Committee on Education,_ submitted the following report:
.:.lfr. Pre8-ident:
Your committee have had under consideration the fol-lowing House bill, which they instruct me to report back,. with the recommendation that the same do pass, to wit:
A bill to authorize the town of Clarkesville to issue bonds. for the purpose of completing school buildings in the town of Clarkesville, and for other purposes.
Also, a bill to establish a public school system for tiletown of Wadley, Ga., to appoint a board of education for said town, and for other purposes.
Respectfully submitted. 'VALTER C. BEEKS, Chairman.

On motion of Mr. Craigo the bill of the lL:1se toremove the county site of Fannin county from .:\l(lrganton to Blue Ridge was made the special order for 12 o'clock Monday next.
The following biils of the House mn : ~- 1 t'1e first timeand referred, as indicated, to wit :

SATURDAY, DECI<:MBER 7, 1895.

447

A bill to appropriate to the trustees of the University of Ge01gia $25,000 to be expended in construction of additional buildings and furnishing the same for the Georgia Normal and Industrial College, and for other purposes.
Refer1ed to the Committee on Finanee.
Also, a bill to authorize the proper authorities of border counties in this State to co-operate with proper authorities of border counties of the adjacent States in building and keeping up bridges, etc.
Referred to the General Judiciary Committee.
Also, a bill to authorize the republication of the Georgia Reports from the 77th to the 83d, inclnshe.
Referred to the General Judiciary Committee.
Also, a bill to ameml section 1855 of the Code of 1882. Referred to the General Judiciary Committee.
,Also, a bill to prohibit the manufacture of any kind oi ><pirituous or intoxicating liquors in the county of Cowetn~ except wine, etc.
Referred to the Committee on Corp~rations.
Also~ a bill to repeal an act granting right of way to the Cincinnati Southern Railway where its route adjoins that oft he Western and Atlantic Rai Iroad, approved October 8, 187!1.
Referred to the Committee on Railroads.

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

A resolution to pay the per diem and. expenses of the

Joint Committee of the General Assembly appointed at the

session of 1894 to examine the work or the Code Commis-

sioners.

Referred to the Finance Committee.

\
\

\

448

JouRNAL OF THE SENATE.

Also, a resolution appropriating the sum of $500.00 to paint the dome and repair the roof of the capitol building.
Referred to the Finance Committee.
Also, a resolution providing for the payment to the city of Atlanta the State's proportion of the expense of paving, sewerage, etc., on Spring and 'Vest. Cain streets, and for other purposes.
Referred to the Finance Committee.
Alsa, a resolution of the House to appropriate the sum of $1,800 as compensation to the special commissioners for the adjudication of controversies affecting the 'Vestern and Atlantic Railroad, and to pay $350.50 for the payment of costs and expenses chargeable to the State, etc.
Referred to the Finance Committee.
Also, a resolution ratifying and confirming provisional >'ettlement made by the Go\'ernor and Attorney-General concerning certain rights, ways, and properties of the Western and Atlantic Railroad.
Referred to the Committee on Railmads.
Also, a resolution authorizing an agteement to be made with the city of Atlanta affecting the use of Wall street.
Referred to the Committee on Railroads.

On motion of :Mr. 'Vilson, the action of the Senate making the bill of the house to move the county site of Fannin county the special order for 12 o'clock Monday next was reconsidered.

Mr. Harris, of the Third district, chairman of the Special .Judiciary Committee, submitted the followit-ig report:
.fllr. Ptesident: The Committee on Special Judiciary have had under con-
sideration the following House bills, which they direct me

SATURDAY, DECEMBER 7, 1895.

449

to report back, with recommendation that they do pass, the proofs being correctf to wit:
A bill to be entitled ~n act to provide for the appointment of a clerk of the county court of Effingham county, and for other purposes.
Also, a bill to be.entitled an act to amend section 4928 to the Code.
Respectfully submitted. S. R. HARRIS, Chairman.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
J.fr. President:
The House has passed the following bill of the House by the requisite constitutional majority, to wit:
A bill to make penal the offense of hindering, obstructing, or interfering with officers charged with the duty of executing the sentence or order of court after trial of persons charged with crime.

Mr. Boyd, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

The Committee on Temperance have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit:

House bill No. 621, by Mr. Clements of Milton, to be
entitled an act to amend an act entitled an act to amend an
act approved February 20, 1874, t.o prohibit the sale of
spirituous liquors at Trion Factory, etc.

Also, House bill No. 636, by Mr. Perkins of Habersham,

~s

.

450

JOURNAL OF THE SENATE.

to be entitled an act to amend an act to prohibit the sale of intoxicating liquors in the county of Habersham, etc.

Also, House bill No. 619, by Mr. Clements of Milton,

to be entitled an act to amend an act entitled an act to pro-

hibit the sale of intoxicating liquors within

of the

depot on the Atlanta and Richmond Air Line Railroad at

Duluth, etc.

They have also had under consideration Senate bill No. 221, by Senator McGarrity of the Thirty-eighth, to be entitled an act to amend an act approved September 18, 1885 (acts 1884 and 1885, page 121), etc., which they direct me to report to the Senate, with the recommendation that it do not pass.
Respectfully submitted. M.G. BoYv, Chairman.

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 bill, which they direct me to report back, with recommendation that it do pass, the proofs being correct:
A bill to be entitled an act to authorize the city of Augusta to extend a ditch beyond the city limits, and tor other purposes.
Respectfully submitted. C. H. BRAND, Chairman.

~

.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to authorize the mayor

and aldermen of Savannah to condemn property for widen-

ing, extending, or straightening any street, etc.

SATURDAY, DECEMBER 7, 1895.

451

Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 23, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to revise the charte~ of the town of Bruton, and for other purposes.
Proof of legal notice was submitted..
The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.

The Senate took up the report of the Committee on Finance on the resolution of the Senate for relief of the .SOuth Brunswick Railway Company.
The report was agreed to.
The resolution was read the third time and agreed toyeas 26, nays 0.
And was ordered to be immediately transmitted to the House.

The Senate took up the report of the Special Judiciary Committee on the bill vf the House to amend the charter of the city of Atlanta.
The aommittee reported in favor of the hill, with amendments, which were adopted, except amendment No. 5, for which Mr. Venable .offered the following as a substitute, to wit: ..
Amend by striking proposed amendment No. 5 of the <Jommittee and adding the following as a new section, to be known as section 5, as follows:

452

JOURNAl~ OF' THE SENATE.

"Be it further enaet~d, That there shall be elected by thenew council, to b~ sworn in and organized on the first meeting thereof in January,'1896, an additioDBl memberof the board of police commissioners, ;whose term shall expire on the first regular meeting in March, 1899, and' his successor shall be elected thereafter for a term of threeyears, as other members of said board are elected, as pre-scribed by charter."
The report, as amended, was agreed to.
The bill was read the third time and passed as amendedl -yeas 29, nays 0.

Mr. Whitley, chairman of the Committee on Engrossing,. submitted the following report:
Mr. President:
The Committee on Engrossing have examined the following Senate bill which they direct me to report properly engrossed and ready to be transmitted to the House :
A bill to be entitled an act to amend an act entitled an. act to provide for and regulate the business of insurance in this State.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Mercer, chairman pro tem. of the Committee on. Engrossing, submitted the following report:
Mr. President:
The Committee on Engrossing have. had under examination the following Senate bills, which thet direct me t(} report properly engrossed and ready to be transmitted t(} the House of Representatives.
A bill to establish a court of appeals in this State.

SATURDAY, DECEMBER 7, 1895,

453

Also, a, bill to amend an act entitled an act, a general law 1l8 to inspection, analysis, and sale of fertilizers, approved {)ctober 19, 1891, and for other purposes.
Also, a bill to provide for a board of commissioners of :roads and revenues in the county ofLumpkin.
Respectfully submitted. J. E. MERCER, Chairman.

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

.Mr. President:

The Committee on Corporations have had under consid-eration the fi)llowing House bills, which they direct me to report back to be read a second time and recommitted to that committee, to wit:
A bill to amend au act to consolidate, amend, aud codify
the various acts incorporating the town of Forsyth, in the -county of Monroe.

Also, a bill to amend an act incorporating the town of Graysville, in the county of Catoosa, and for other purposes.

Alsor a bill to incorporate the town of Pinehurst, in the -county of Dooly, and for other purposes.

, Also, a bill to amend an act incorporating the city of Chickamauga, in the county of Walker, and for other

p~rposes.
Respectfully submitted.

C. H. BRAND, Chairman.

The Senate took up the report of the Special Judiciary Committee on<Jthe bill of the House to create a board of -commissioners of water for the city of Savannah.
Proof of legal notice was submitted.
1.'he report was agreed to.

454

JOURNAL OF THE SENATE

The bill was read the third time and passed-yeas 26,. nays 0.

The Senate took up the report of the Committee ou Corporations on the bill of the Senate establishing a new charter for the town of Statham, Jackson county, and for otherpurposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 30,.
nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to' establish a new charter for the town of Calhoun, and for other purp<;>ses.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 28~ nays 0.

On motion of Mr. Cumming, the bill of the Honse toamend the Constitution of the State by adding a new paragraph to article 6, section 2, to be known as paragraph 8~ so as to change the organization of the supreme court, etc., was made the special order for 11 o'clock A. M. Monday.

The Senate took up the report of the General Judiciary Committee on the bill of the House to repeal an "act, approved February 17, 1877, to authorize the ordinary of Spalding county to keep his office and records, and hold his courts at a place other than at the courthouse of said county.
The report was agreed to.

SATURDAY, DECEMBER 7' 1895.

455

The bill was read the third time and passed-yeas 26, nays 0.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report :
Mr. Premde'Tit:
The Committee on Corporations have had under consideration the following House bills, which they direct me to report, with recommendation that the same do pass :
A bill to amend the act for Troup county, so as to elect commissioners at general elections.
Also, a bill to authorize and empower the mayor and council of the town of Dahlonega, Ga., to grant to any railroad the use of any of the streets of said town for railroad tracks, and for other purposes.
Also, a bill for the relief of the North Georgia Agricult~ral College, and for other purposes.
The committee also recommend that the following bills do pass as amended :
A bill to incorporate the town of Moultrie as the city of Moultrie, and for other purposes.
Also, a bill to amend an act, approved December 20, 1893, entitled an act to incorporate the town of Locust Grove, in the county of Henry, and for other purposes.
The committee further recommend the passage of the following bills, which they have had under consideration, to wit:
A bill to be entitled an act to amend the charter of the town of Shellman.
Also, a bill to be entitled an act to establish a board of

456

. JOURNAL OF THE SENATE.

road commissioners for the county of Bryan, and for other

purposes.

Respectfully submitted.

C. H. BRAND, Chairman.

The bill of the House to change the county.site of Fannin was, on motion, taken up and (again) read the first time and recommitted.

The Senate took up the report of the General Judiciary Committee on the bill of the House to regulate admission to the bar.
The committee reported in favor of its passage by substitute, which was adopted, and the report was agreed to.
The bill was read the third time, and on the question of its passage as amended by substitute, the yeas and nays were demanded and recorded.

Those voting in the affirmative were Messrs.-

Beeks, Bussey, Boyd, Brand, Cumming, Craigo,

Harris of the 12th, Harris of the 22d, Mercer, McClure, Norman, Osborne,

Ryals, Roberts, Upchurch, Wilson, Wade, Williams.

Those voting in the negative were Messrs.-

Bush, Harris of the 3d, Harrison, Keen,

Lewis, Little, Lumpkin, McMillan,

McGregor, Monro, Sharpe, Wilcox.

Those not voting were Messrs.-

Broughton, Brown, Johnson, Long, Morton,

McGarrity, Sheppard, Storey, Ranford, Snead,

Starr, Tatum, Whitley, Mr. President.

Yeas 18. Nays 12. Not voting 14.

SATURJ>.AY, DECEMBER 7; 1895.

457

So the bill, not having received a constitutional maj,ority, was lost.

The Senate took up the report ofthe Finance Committee on the bill of the Senate to amend an act, approved December 15, 1893, permitting Confederate soldiers to peddle without license-State, county, municipal, .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 amendedyeas 29, nays 0.
The Senate took up the report of the Special ~udiciary Committee on the bill of the House to authorize and provide for the payment of insolvent criminal costs of the
.. clerk of the superior court of Macon county in certain
cases.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 28, nays 0.

The bill of the House to amend section 4928 of the Code was read the second time and passed to a third reading.

Mr. Wilson, chairman of the Committee on Public Property, submitted the following report:
Mr. President :
The Committee on Public Property have had under consideration House bill No. 136, the same being a bill to be entitled an act to vest the management and care of all

458

JOURNAL OF THE SENATE.

jails and persons confined therein under the control of the county commissioners of roads and revenues in counties where there is located a city of a population of sixty-four thousand or over, and for other purposes, and they have requested me as chairman of your committee to report said bill to the Senate, with a recommendation that the same do pass as amended.
LEON A. WILSON, Chairman.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report :
Mr. -President:
The Committee on Corporations have had under consid-' eration the following House bill, which they direct me to report, with recommendation that the same do pass, to wit :
A bill to incorporate the town of Battle Hill.
The committee also recommend that the following Senate bill do pass :
A bill to establish a new charter for the town of Statham, Jackson county, Georgia, and for other purposes.
The committee also recommend that House bill No. 663 be returned to the Senate and lie on table.
Respectfully submitted. C. H. BRAND, Chairman.
Mr. Harris, chairman of the General Judiciary Committee, submitted the following report :
Mr. President : The General Judiciary Committee have had under con-
sideration the following bills and resolutions, which they direct me to report to the Senate, with the recommendation that they be read the second time and recommitted, to wit:

SATURDAY, DECEMBER 7, 1895.

459

Resolution No. 110, by Mr. Gray uf Catoosa, l'~voking ceded rights granted to theUnited States government, etc.
Also, resolution No. 139, by Mr. Meador of Madison., correcti_ng House bill No. 397, by amending, etc.
Also, House bill No. 232, by Mr. Polhill of Bibb, to be entitleq an act to amend section 3888, etc.
Also, House bill No. 739, by Mr. Bailey of Spalding, to be entitled an act to require Spalding county to pay the officers of court the costs now allowed by law in each case convicted, etc.
Respectfully submitted. N. E. HARRIS, Chairman.

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

M r . .He8ident:

The Special Judiciary Committee have had under consideration the following House bill, which they direct me to report, with recommendation that the same be read second time and recommitted :

A. bill to authorize the United Freewill Baptist Church

of Columbus, Ga., to sell certain land heretofore conveye~

to them for church purposes.

Respectfully submitted.

S. R. HARRIS, Chairman.

The Senate took up the report of the Committee on Temperance ~n the bill of the House to amend the charter of the town of Camilla, etc., and for other purposes.
Proof of legal. notice was submitted.
The report, which was favorable, was amended, on motion of Mr. Bush, by inserting after the word " full," in the seventeeth line of the tenth section, the word " term."

460

JOURNAL OF THE SENATE.

The report, as amended, was agreed to.
The biB was read the third time and passed as amended -yeas 26, nays 0.

The following bills of the HousE' were read the second time and passed to a third reading, to wit :
A bill to require Spalding county to pay the officers of .court the. costs now allowed by law in each case convicted and worked in the chain-gang of said county.
Also, a bill to authorize the trustees of the United Freewill Baptist Church of Columbus, Ga., to sell certain land,
-etc.
Also, a resolution revoking ceded rights granted to the United States government ove1 certain lands adjoining Chickamauga National Military Park.

The following bill and resolution of the House were read the second time and recommitted, to wit :
A bill to amend section 3888 of the Code. A resolution correcting House bill No. 397.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report :
Mr. President:
The Committee on Finance have had under consideration House bill No. 321, by Mr. Boifeuillet, of Bibb, and recommend that the same be read the second time and reeommitted.
Respectfully submitted. E. B. LEWIS, Chairman.
The Senate, on motion of Mr. Venable, took up the re- port of the General Judiciary Committee on the bill of the

SATURDAY, DECEMBER 7, 1895.

461

Senate to amend paragraph 1, section 3 of article 8 of the Constitution, 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 on the question of its passage as amended, the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Bush, Bussey, Boyd, Brand, Cumming, Craigo, Harris of the 12th, Harris of the 22d,

Harrison, Keen, Lewis, Little, Lumpkin, Mercer, McGregor, Monro,

Ryals, Roberts, Sheppard, Sanford, Sharpe, Wilcox, Wade, Williams.

Those voting in the negative were Messrs.-
Wilson.

Those not voting were Messrs.-

Broughton, Brown, Harris of the 3d, Johnson, Long, McMillan,

Morton, McGarrity, McClure, Norman, Osborne, Storey,

Snead, Starr, Tatum, Upchurch. Whitley, Mr. President.

Yeas 25. Nays 1. Not voting 18.

So the bill, not having received a constitutional majority, was lost.

The Senate, on motion, adjourned until Monday next at 10 o'clock A. M.

462

JOURNAL OF THE SENATE.

SENATE CHAMBER, ATLANTA, GEORGIA.
Monday, December 9, 1895, 10 O'clock A. M.

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

Prayer was offel'ed by the Chaplain.

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

Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the 3d, Harris of the'12th, Harris of the 22d, Harrison, .Johnson,

Keen, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarrity, McClure, Osborne,

Ryals, Roberts, Sanford, Snead, Starr, Tatum, Upchurch, Wilson, Wilcox, Whitley, Williams, Mr. President.

Those absent were Messrs.-

Beeks, Lewis, Norman,

Sheppard, Storey,

Sharpe, Wade.

Mr. Harris, chairman of the Committee on Journals, re-

ported the Journal correct. It was then read and confirmed

by the Senate.



On motion of Mr. Brand, the action of the Senate in failing to pass the bill of the Senate to amend paragraph 1, section 3 of article 8 of the Constitution, and for other purposes, was reconsidered.

Mr. Roberts moved a reconsideration of the bill of the House to regulate admission to the bar, which the Senate refused to pass on Satnrday. The motion to reconsider did not prevail.

MoNDAY, DECEMBER 9, 1895.

463

The following meSsage was received from the House through Mr. Hardin, the Clerk, thereof:
Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to organize, discipline, and regulate the volunteer forces of the State.
Also, a bill to amend an act to fix the time of holding the courts in the Tallapoosa judical circuit.
Also, a bill to prohibit the operation of opium joints in _this State and to provide a penalty for the violation of the same.
Also, a bill to prohibit prize-fighting in this State and to make the same penal.
Also, a bill to allow affidavits to. foreclose, liens to be made before any officer authorized to administer oaths.
Also, a bill to amend an act to provide for the appointment of auditors, prescribe their duties, so as to more distinctly prescribe what cases shall be submitted to a jury.
Also, a bill to provide for the payment of pensions to certain widows of Confederate soldiers.
Also, a bill to appropriate $1,400.00 to the School for the Deaf, to cover deficit for the year 1895.
Also, a bill to compe,l. all persons who sell or offer to sell beef, pork, and mutton in Liberty county to exhibit the ears and state the brand.
Also, a bill to prohibit fishing with seine in the Tallulah river above Tallulah Falls.
Also, a bill to require all infantry companies to be attached to one of the present existing regiments.

464

JOURNAL OF THE SENATE.

Also, a bill to require all teachers in the common schools of this State to be examined and licensed before they can teach.
Also, a bill to appropriate money to the Lunatic Asylum.
Also, a bill to provide for official surveys of the Western and Atlantic Railroad.
Also, a bill to abolish the city court of Laurens county. Also, a bill to provide for a syst~m of public schools for the town of Trion, in Chattooga county.
Also, a bill to provide for the qualifications of members of the board of education in the several counties, and to provide for their compensation.
Also, a bill to incorporate the town of Jakin, in Early county.
Also, a bill to incorporate the town of Birmingham, in Milton county.
The House has also adopted the following resolutions of the House, to wit:
A resolution to pay Mrs. Cathenia, A. Sailors, widow of J. B. Sailors, fifty dollars, one year's pension, and Mrs. Ellen McGovern one hundred dollars, one year's pension.
Also, a resolution for the relief of Mrs. Julia Knight and Susan E. Massey, widows, both of Gwinnett county.
Also, a resolution for the relief of Jane Sanders.
Also, a resolution to purchase the portrait of Hon. Robt. Toombs.
Also, a resolution to authorize the Governor a!ld Attorney-General to make a final settlement with W. B. MeClatchey, of Tennessee, for legal services to the State.
Also, a resolution appropriating one thousand dollars to pay expenses of Special Investigating Committee.

MoNDAY, DECEMBER 9, 1895.

465

Also, a resolution to make an appropriation to pay the derk of the Committee on Railroads and Elections, sitting during recess.
Also, a resolution to pay M. Hardin, Clerk; and C. S. Northen, Assistant Secretary, for preparing and mailing a statement of the business to each member of the General _Assembly.

On motion of Mr. Brand, the Senate took up the report -of the General Judiciary Committee on the reconsidered bill of the Senate to amend paragraph 1, section 3 of article 8 of the Constitution, and for other purposes.
The report was favorable to the passage of the bill, with <!ertain amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and on the question of its passage as amended, the yeas and nays were ordered.

Those voting in the affirmative were Messri!.-

Bush, .Bnssey, Boyd, Brand,
Brown, Cumming, ..Craigo, Harris of the 12th, Harris of the 22d, ..Johnson,

Keen, Long, Little, Lumpkin, Mercer, McGrt>gor, Monro, Morton, McGarrity, McClure,

Ryals, Roberts, Snead, Starr, Tatum, Upchurch, Wilcox:, Wade, Whitley, Williams.

Those voting in the negative were Messrs.-

-Broughton, Harris of the 3d,

McMillan, 03borne,

Wilson.

ThO!:e not voting were Messrs.-

Beeks,
Harrison,
Lewis,
lllls

Norman, Sheppard, Storey,

Sanford, Sharpe, Mr. President.

466

JOURNAL OF THE SENATE.

Yeas 30. Nays 5. Not voting 9.
So the bill, having received:a constitutional majority, was passed.

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 direct me to report the same, with recommendation that they do pass, theproofs being correct:

A bill to be entitled an act to authorize and empower the mayor and council of the town of Dahlonega to grant any railroad the use of any street for railroad tracks, and for other purposes.

Also, a bill to be entitled an act for tbe relief of the North Georgia Agricultural College.

Also, a bill to be entitled an act to amend the act for Troup county, so as to elect commissioners at general elections.

They direct me to report the following Honse bills, with recommendation that they pass as amended:

A bill to be entitled an act to amend an act approved December 20, 1893, entitled an act to incorporate the town of Locust Grove, in Henry county.-

Also, a bill to be entitled an act to reincorporate the town

of Moultrie as the city of Moultrie, and for other purposes.

Respectfully submitted.

C. H. BRAND, Chairman.

Mr. Whitley, chairman of. the Committee on Engrossing, submitted the following report:

MoNDAY, DECEMBER 9, 1895.

467

Mr. President :
The Committee on Engrossing .have had under examination the following Senate bills, which they direct me tv report, properly engrossed and ready to be transmitted tothe House of Representatives :
A bill to amend an act approved December 15, 189::!~ permitting Confederate soldiers to peddle without license~ and for other purposes.
Also, a bill to establish a new charter for the town of Statham, Jackson county, Ga., and for other purpo~es.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Harris, chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
The Special Judiciary Committee have had under consideration the following House bills, which they direct me to report back, with recommendation that they pass, the proofs being correct :
A bill to be entitled an act to change the county site of :Fannin, and for other purposes.
Also, a bill to be entitled an act to create a board of commissioners of roads and revenues for the county of Coffee.
Respectfully submitted. S. R. HARRis, Chairman.

The Senate took up the report of the Finance Committee on the resolution of the House for the relief of J. S. McGahee of McDuffie county.
The committee reported in favor of the resolution, which amendment was adopted and the report was agreed to.

468

JOURNAL OF THE SENATE.

The resolution was read the third time and passed as amended-yeas 28, nays 0.

The following bills and resolutions of the House were read the first time and referred as indicated :

A bill to make penal the offense of hindering, obstructing, or interfering with officers charged with the duty of executing the sentence or order of court.
Referred to the General Judiciary Committee.
Also, a resolution for the relief of Mrs. Julia A. Knight and Mrs. Susan E. Massey.
Referred to the Committee on Finance. Also, a resolution for the relief of Jane Sanders.
Referred to the Committee on Finance.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has adopted the following resolution of the House in which the concurrence of the Senate is asked, to wit:
A resolution to pay George B. Whitaker back pensions for years 1893 and 1894.
The Senate took up the report of the General Judiciary Committee on the bill of the Honse to change the time for holding the regular quarterly term of the city court of Elbert county, so that the same shall commence on the second Monday in February, May, August, and November of each year after January I, 18!!6, and for other purposes.
The report was agreed to.

MoNDAY, DECEMBER 9, 1895.

469

The bill was read the third time and passed-yeas 27, nays 0.

Mr. Cumming offered the following resolution which was taken up and agreed to, to wit :
Resolved, That a Committee of Five be appointed to examine into the condition of the business of the Senate and report upon the best method of proceeding to dispose of the same before final adjournment.
Under this resolution the President appointed as the committee, Messrs. Cumming, Harris of the Twenty-second district, Roberts, Wilson and Brand.

The Senate took up the report of the Committee on Education on the bill of the House to authorize the town council of Hogansville to issue bonds, etc.
Proof oflegal notice was submitted.
The report was agreed to. The bill was read the third time and passed-yeas 26, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Alto.
Proof of legal notice was submitted.
ThE: report was agreed to.
The bill was read the third time and passed-yeas 28, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend the Constitution of the State by adding a new paragraph to article 6, seetion 2, to be known as paragraph 8, so as to change the

470

JOURNAL OF THE SENATE.

organization of the Supreme Court, to increase the number of associate justices, to provide for elections by the people and for other purposes, the same being the special order for this day.
The committee reported in favor of the passage of the bill with certain amendments.
To perfect section 1 of the bill, the last amendment proposed by the committee was first taken up and adopted. It is as follows:
Amend section 1 by striking out the words, "and three additiomil associate justices shall be elected for terms of one, three, and five years respectively, beginning January 1, 1897. The person receiving the highest number of votes shall fill the longest term of six years, the next highest, the term of five years, and so on for the term of three years, and the term of one year," and inserting in lieu thereof the following words: "By the expiration of the term of the present incumbent; and three additional associate justices shall be elected for terms expiring respectively .January 1, 1899, January 1, 1901 and January 1, 1903. The persons elected as additional associate justices shall, among themselves, determine by lot which of the three last mentioned terms each shall have, and they shall be commissioned accordingly. After said first election, all terms (except unexpired terms) shall be for six years each. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified."
The following amendment proposed by the committee was submitted to the Senate, and on the question of its

MoNDAY, DEcEMBER 9, 1895.

471

adoption the yeas and nays were called for. The amendment is as follows, to wit :

Amend the first section by striking out all in the section commencing with the words "Chief Justice" in the seventeenth line and ending with the words "Secretary of State" in the last line of the section, and inserting in lieu thereof the following:

"The three additional associate justices provided for in this amendment shall be elected tor terms expiring, respectively, January 1, l899, January 1, 1901, and January 1, 1903. After said first election all terms except unexpired terms shall be for six years."

Those voting in the affirmative were Messrs.-

Broughton,

Bush,

Bussey,

.

Harris of the 22d,

Little,

Morton, Osborne, Ryals, .Roberts,
Sanford,

Starr, Upchurch, Wilcox, Whitley.

Those voting in the negative were Messrs.-

Boyd, Brown, Cumming, Craigo, Harris of the 12th, Harrison, .Johnson,

Keen, Long, Lumpkin, McMillan, Mercer, McGregor, Monro,

McGarrity, McClure, Snead, Tatum, Wilson, Wade, Williams.

Those not voting were Messrs.-

Beeks, Brand, Harris of the 3d,

Lewis, Norman, Sheppard,

Story, Sharpe, Mr. Pre:~ident.

Yeas 14~ Nays 21. Not voting 9.

So the amendment was not adopted. The report was agreed to. "The bill was read the third time, and on the question of

472

JouRNAL oF THE SENATE.

its passage as amended, the yeas and nays were demanded and recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brown, Cumming, Craigo, Harris of the 12th, Johnson, Keen,

Lewis, Long, Little, Lumpkin, l\ic Millan, Mercer, McGregor, Monro, Morton, McGarrity, McClure,

Ryals, Roberts, Sanford, Snead, Sharpe, Starr, Tatum, Wilson,
Wilcox,
Wade, Williams.

Those voting in the negative.were Messrs.-

Harris of th~ 22d, Harrison,

Osborne, Upchurch,

Those not voting were Messrs.-

Whitley.

Brand, Harris of the 3d,

Norman, Sheppard,

Storey, Mr. President.

Yeas 33. Nays 5. Not voting 6.

The bill having received a constitutional majority was passed as amended.

Mr. Lewis offered the following report:

Mr. President:

The Committee on Finance have had under consideration,

No. 422, a bill entitled an act to amend the Constitution of"

the State for an annual pension to certain ex-Confederate

soldiers. The committee recommend it be read a second

time and recommitted.

Respectfully submitted.

E. B. l.oEWIS, Chairman.

Mr. Whitley, chairman of the Engr<>ssing Committee,.. submitted the following report:

MONDAY, DECEMBER 9, 1895.

473

Mr. Pre8ident:
The Engrossing Committee have examined the followingbills and direct me to report the same properly engrossed and ready'to be transmitted to the House:
A bill to be entiled an act to amend paragraph 1, section. 3, article 8 of the Constitution of Georgia.
Respectfully submitted. T. R. WHITLEY, Chairman.

Mr. Starr offered a resolution which was taken up and agreed to authorizing the Secretary of the Senate and Clerk of the House and chairmen of Auditing and EnrollingCommittees to remain five days after adjournment to bring: up unfinished business.

Mr. Wade introduced a resolution authorizing the Gov- ernor to accept certain bistoricai publications from General. James D. McBride, which was taken up and agreed to.

Mr. Bush, chairman pro tern. of the Committee on Special; Judiciary, have bad under consideration the following bill,. which they recommend do pass as amended, to wit:
Mr. Presidl'/llt:
Your committee have under consideration the following bill, to wit:
A bill to be entitled an act to authorize the trustees of the United Freewill Baptist Church, of Columbus, Georgia,. to sell certain land heretofore conveyed to them for church. purposes.
Respectfully submitted. C. C. BusH, Chairman pro tern.
The following message was received from the Housethrough Mr. Hardin, the Clerk thereof:

474

JOURNAL OF THE SENATE.

Mr. President:
The House herewith, by request, returns to the Senate House bill No 406 for correction, which is a bill to amend the charter of the city of Atlanta.
The House also passed the following bill of the House, to wit:
A bill to authorize the issuance of warrants on the treasury of the State to pay the pensions of ex-Confederate soldiers.
Also, a bill to repeal an act to make permanent the in-come of the University of Georgia.

Mr. Cumming, of the Eighteenth dist~ict, chairman of the Special Committee on the Order of Business, submitted the following report:
.1tlr. President:
The Committee on Order of Business report as follows:
1. That this session be prolonged until two o'clock.
2. That House bill No. 472, in reference to removal -of Fannin county county seat, be read a second time.
3. That appropriation bills be read the first time and .referred.
4. That other house bills be read the first time and referred.
5. That house bills be read a second time.
6. That the Senate reconvene at 7:30 to-night and the ~ame order of business be pursued.
7. That this order be not varied except by unammous -consent.
Respectfully submitted. BRYAN Cul\Il\IING, Chairman.

MoNDAv, DECEMBER 9, 1895.

475

The bill of the House to move the county-site of Fannin county from Morganton to Blue Ridge was taken up and read a second time (again), and made special order for tomorrow at 11 oclock A. M.

The following bills and resolutions of the House were read the first time and referred as indicated, to wit:
A resolution to purchase a portrait of the Hon. Robert Toombs.
Referred to the Finance Committee.
A resolution to appropriate moue): to the State Lunatic ..Asylum.
Referred to the Finance Committee.
A resolution to pay pensions to Mrs. Arthenia A. Sailors :and Mrs. Ellen McGovern, etc.
Referred to the Finance Committee. A bill to abolish the city court of Laurens county, etc., and for other purposes.
Referred to the Special Judiciary Committee.
A bill to authorize the issuing of warrants on the treasury of this State, to pay the pensions of ex-Confederate soldiers, .and for other purposes.
Referred to Committee on Finance.
A bill to appropriate $1,400. to the Georgia School for the Deaf, etc.
Referred to the Finance Committee.
A bill to provide for and authorize the payment ot pen'3ions to certain widows of Confederate soldiers who are on the invalid pension roll, and who have died from the -effects of injuries Jor which they were pensioned.
Referred to the Finance Committee.

476

JOURNAL OF THE SENATE.

A :resolution to pay George B. Whitaker back pensions for 189;3 and 1894.
Referred to the Finance Committee.
A resolution to pay M. A. Hardin, Clerk, and C. S. Northen, Assistant Secretary, for preparing and mailing. a statement of the business to each member of the General Assembly.
Referred to the Finance Committee.
A resolution to make an appropriation to pay the clerk of the Committee on Privileges and Elections.
Referred to the Finance Committee.
A resolution appropriating one hundred dollars to pay expenses of Special Investigating Committee.
Referred to the Finance Committee.
A bill to repeal an act to make permanent the mcome of the University of Georgia~
Referred to the Finance Committee.
A bill to amend an act to amend the school laws of this State, etc., and for other purposes.
Referred to the Committee on Education. A bill to incorporate the town of Birmingham, in Milton county. Referred to the Committee on Corporations. ' A bill to amend an act to fix the times for holding the superior courts in the various counties ot Tallapoosa circuit.
Referred to the General Judiciary Committee. A bill to establish a system of free 8chools in the town of Trion, Chattooga county. Referred to the Special Judiciary Committee.

MONDAY, DECEMBER 9, 1895.

477

-A bill to authorize the Governor and Attorney-General to make a final settlement with W. P .. McClatchey for legal services.
Referred to the Committee on Finance.
A bill to incorporate the town of Jakin. Referred to the Committee on Corporations.
A bill for the better organization, discipline, and regulation of the volunteer forces of the State.
Referred to the Committee on Military Affairs.
A bill to regulate all infantry and cavalry companies of the Georgia volunteers and Georgia volunteers, colored, in this State.
Referred to the Committee on Military Affairs.
A bill to at)\end an act to provide for the appointment of auditors, etc.
Referred to the General Judiciary Committee.
A bill to -prevent the taking of fish with a seine m the waters of Tallulah river and its tributaries.
Referred to the Special Judiciary Committee. A bill to compel any person who sells or offers for sale in the county of Liberty any beef pork, or mutton to ~xhibit the ears of the animal killed, etc. Referred to the Committee on Agriculture. A bill to allow affidavits to foreclose liens to be made before any officer authorized to administer oaths. Referred to the General Judiciary Committee. _A bill to prohibit the operation of opiui:n joints in this State, and for other purposes. Referred to the General Judiciary Committee.

478

JouRNAL oF THE SENATE.

A bill to provide for official survey of the Western a~d Atlantic Rallroad, etc;, and for other purposes.
Referred to the General Judiciary Committee.
A bill to require all teachers in the common schools of this State to be examined and licensed, etc.
Referred to the Committee on Education.
A bill to make penal prize-fighting in this State, and for other purposes.
Referred to the General .Judiciary Committee.
The following bills of the Honse were read the second time and passed to a third reading, to wit:
A bill to amend an act to prohibit the ,;:ale of intoxicating liquors within certain limits of the depot on the Atlanta and Richmond Air Line Railroad at Duluth.
~lso, a bill to change the time of holding the superior court of Pulaski county.
Also, a bill to amend an act to amend an act to prohibit the sale of spirituous liquors at Trion Factory, ~tc.
Also, a bill to provide for the appointment of a clerk of the co.unty court of Effingham county.
A resolution requesting the Governor to pay certain coupons of the Northeastern Railroad.
Also, a resolution for the relief of John M. Williams of Catoosa county.
Also, a resolution for the relief of the Brunswick Street Railroad Company, etc.
A bill to vest the management of all jails and persons confined therein to the county commissioners of roads and revenues.
Also, a bill to amend the charter of the town of Shellman.

MoNDAY, DECEMBER 9, 1895.

479

The following bills of the House were read the second tiine and recommitted, to wit:
A bill to appropriate to the trustees of the University of Georgia the sum of $25,000.00, to be used in the oonstruction and furnishing additional buildings for the Georgia Normal and Industrial College.
Also, a "bill to prohibit the levying and collecting, by
any incorporated city, town, or village in this State, of any license or tax on any traveling salesman for the taking of orders for the sale of goods, etc.
Also, a bill to amend an act to consolidate, amend, and codify the sever~l acts incorporating the city of Forsyth.
Also, a bill to amend an act to establish a city cotlrt in the county of Clarke, etc., and for other purposes.
Also, a bill to amend section 6 of an act to carry into effect the act amending part of section 1 of article 7 of the Constitution of this State.

The Senate, on motion, adjourned until 6:30 P. M.

6:30 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President in the chair.
The roll-call was, on motion, dispensed with.
On motion of Mr. Sheppard, the following resolution of the House was made the special order for to-morrow immediately after the reading of the Journal, to wit:
A resolution to authorize the Treasurer of this State to transfer on the books of his office from the military fund of 1894 to the military fund of 1895 the unexpended balance of 1894.

480

JOURNAL OF THE SENATE.

The following bills of the House were read the second time and passed to a third reading, to wit:
A bill fixing compensation of cll'rk of generc1l elections.
Also, a bill to amend an act prohibiting the sale of intoxicating liquors in Habersham county.
Also, a bill to amend the charter of the Title Guarantee and Loan Company of Savannah.
Also, a bill to incorporate the town of Moultrie as the -(Jity of Moultrie, etc.
Also, a bill to establish new terms and regulate the practice of filing, returning, and trying new cases in the -(Jity court of Richmond county, etc., and for other pur-
poses~
Also, a bill to establish a board of road commissioners, -etc., for the county of Bryan.
Also, a bill to amend the charter of Locust Grove, etc., :and for other purposes.
Also, a bill to authorize the mayor and council of the :town of Clarkesville to issue bonds, etc.
Also, a bill to amend an act ~pproved December 20, 1893, entitled au act, approved December 29, 1890, fixing the time for holding the superior courts in Rome judicial -(Jircuit, etc., and for other purposes.
Also, a bill to establish a public school system for the town of Wadley.
Also, a bill to amend an act to incorporate the town of Graysville, Catoosa county.
Also, a bill to amend an act to create a board of commissioners of roads and revenues for Wilcox county.
Also, a bill to create a board of commissioners of roads and revenues for Coffee oounty.

MoNDAY, DEcEMBER 9, 1895.

481

Also, a bill to incorporate the town of Pinehul"8t, in Dooly county.
. Also, a bill to authorize the city of Augusta t extend a ditch beyond the city limits, and for other purposes.
Also, a bill to create a board of commissioners for Fannin county, and for other purposes.
Also, a bill to authorize and empower the mayor and --council of Dahlonega to grant the use of any street to any railroad, etc.
Also, a bill for the relief of the North Georgia Agricultural College, and for other purposes.
The bill of the House to amend the charter of the town -of Chickamauga, in Walker county, was read the second time and recommitted.

Mr. Brand, chairman of the Committee on Corporations, submitted the following report:
11-Ir. Pre8ident:
The Committee on Corporations have had under consid~ration the following House bills aqd recommend they do pass, the proofs being correct, to wit:
A bill to prohibit the manufacture of any kind of spirituous or intoxicating liquors, except domestic wine, in the -county of Coweta, and to prescribe a penalty for the same.
Also, a bill to amend the various acts chartering the -<Jity of Conyers, so as to authorize the authorities of said city to establish and maintain waterworks and electric lights, etc.

The committee recommend that the following House hills do pass as amended, to wit :
A bill to amend an act entitled an act to consolidate,
31 s

482

JouRNAL OF THE SENATE.

amend, and codify the various acts incorporating the city or Forsyth.

Also, a bill to incorporate the town of Jakin, in Early

county, and for other purposes.

Respectfully submitted.

C. H. BRAND, Chairman.

The following message was r~ceived from the Housl>through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has passed the following bills of the Senate by the requisite constitutional majority, to wit:
A bill to repeal an act to create a county court in each county so far as the same applies to the county ofGwinnett.
Also, a bill to establish the city court ofGwinnett county.
Also, a bill to amend the charter of the Union Loan and
Trust Company.
The House has also passed. the following bills of thE" House by the requisitE;_ constitutional majority, to wit:
A bill making an appropriation to purchase an arithmometer and a Smith Premier typewriter for the treasury department.
Also, a bill to amend an act to authorize issuance of circulating notes to the banks and banking associations of this State.
Also, a bill to amend section 943(a) of the Code to add Statesboro and Toccoa to the list of State depositions.
Also, a bill to provide who may redeem real estate sold at tax-sales.
The House bas also adopted the following resolution:

MoNDAY, DECEMBER 9, 1S95.

483

A resolution to pay J. R. Daniel and William Bridges for the years 1893 and 1894.
Also, a bill to pay the 1widow of Mr. R. I. G. Blake, of Dade county, pension due her husband for the year 1f-193.
Also, a resolution to provide for the payment of an additional doorkeeper of the Senate for the session of 1895.

The House has concurred in the Senate amendments to the following billls of the House, to wit:
A bill to establish a new charter for the city of Covington, in Newton county.

The bill of the House to amend the charter of Conyers,
aud a bill to prohibit the manufacture of any kind oi
spirituous or intoxicating liquors, except domestic wines in the county of Coweta, were 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 provide who may redeem real estate sold at tax-sales.
Referred to the General Judiciary Committee. Also, a l'esolution to pay John R. Daniel and William Bridges their pensions for the years 1893 and 1894.
Referred to the Finance Committee.
Also, a bill to amend section 943(a) of the Code.
Referred to the Committee on Banks.
Also, a bill to amend an act to authorize issuance of circulating notes to the banks and banking associations of this State, approved December 20, 1893..
Ordered to be engrossed.

484

JOURNAL OF THE SENATE.

Also, a resolution to pay the widow of Mr. R. I. G. Blake, of Dade county, the pension due her husband for 1893.

Referred to the Committee on :Finance.

Also, a bill to amend the charter of the Union Loan and Trust Company.

Referred to the Committee on Corporations.

Also, a resolution to provide for the payment of one additional doorkeeper of the Senate for the session 1895.

Referred to the Finance Committee.

Also, a bill to establish a system of free schools in the town of Trion.

Referred to the Special Judiciary Committee.

Also, a bill to make an appropriation for an arithmometer and a Smith Premier typewriter for the treasury department.

Referred to the Finance Committee.

Also, a bill to regulate the sale of milk, butter, and

cheese, etc.



Referred to the Committee on Agriculture.

: Mr. Beeks, chairman of the Committee on Education, submitted the fo.llowin~ report:
Mr. President:
Your committee have had under consideration the following House bill, which they direct me to report to the Senate, with the recommendation that the same do not pass, to wit:
A bill to require all teachers in the common schools of this State to be examined and licensed before they shall

MONDAY, DECEMBER 9, 1895.

485

teach, notwithstanding that they have diplomas from any of the colleges in this State.

Also, a hill to amend an act entitled an act to amend the

school laws of this State by providing that the accounts of

the board of education shall be paid upon the approval of

the ordinary or county school commissioner, which they

direct me to report to the Senate, with the recommendation

that the same do pass.

Respectfully eubmitted.

W. C. BEEKS, Chairman.

Mr. Lewis, chairman of the Finance Committee, submitted the following report:
Mr. President :
The Committee on Finance have had under consideration the following House bill, which they direct me to report, with recommendation that it do pass :
A bill to appropriate money to the State Lunatic Asylum, and for other purposes.
The committee also recommend that the following House bill do pass as amended :
A bill to appropriate to the trustees of the University of Georgia the sum of twenty-five thousand dollars, and for other purposes.
The committee also recommend that the following House bill do not pass :
A bill to repeal an act to make permanent the income of the University of Georgia, and for other purposes.
The committee have also had under consideration the following House resolutions, which they direct me to re.port, with recommendation that the same do pass :
A resolution for the relief of Mrs. Julia A. Knight,

486

JouRNAL oF THE SENATE.

widow, and Mrs. Susan E. Massey, widow, both of Gwiunett county.
Also, a resolution for the relief of Jane Sanders.
Also, a resolution to relieve the Atlanta and Chattahoochee Railway Company and the Collins Park and Belt Railway Company from penalty for not returning taxes.
Also, a resolution to pay George B. whitaker back pensions for the years 1893 and 1894.
Also, a resolution to appropriate the sum of $1,ROO as compensation to be paid the special commissioners for the adjudication of' controversies affecting the western and Atlantic Railway, and for other purposes.
The committee also recummend that the following House resolutions do pass a'3 amended:
A resolution to appropriate the sum of $500 to paint the dome and repair the roof of the capitol building.
Also, a resolution to pay the per diem and expenses of the Joint Committee of the General Assembly appointed at the eession of 1894 to examine the work of the code commissiOners.
The committee also recommend that the following House resolution be read second time and recommitted to Finance Committee:
A resolution for the relief of John Evett and others of Catoo~a county.
Respectfully submitted. E. B. LEWIS, Chairman.
Mr. Sheppard made the following report:
Mr. President :
The Senate Military Committee have under consideration House bill No. 258, a bill for the better organization, dis-

MoNDAY, DECEMBER 9, 1895.

487

-eipline and regulation of the volunteer forces of the State, .and for other purposes, and instruct me to report the same back to the Senate, with the recommendation that it do pass.
Also, House hili No. 649, which is a bill to be entitled .an act to require all infantry and cavalry companies of the Georgia volunteers and Georgia vol~nteers, colored, in this State to be attached to one of the present existing regiments or battalions of the State, and for other purposes, and instruct me to report the sap1e back to the Senate, with the recommendation that it do pass.
Respectfully submitted. W. W. SHEPPARD, Chairman.

Mr. Long, chairman Committee on Banks, submitted the following report:
Mr. President: Your committee have had under consideration the fol-
1owing bill, by Mr. Broyles of Fulton, No. 245, which they recommend do not pass, to wit :
A bill to be entitled an act to amend an act approved October 21, 1891, prescribing the method of granting charters to banking companies.
Respectfully submitted. N. G. LoNG, Chairman.
Mr. Osborne, chairman of the Committee on Railroads, submitted the following report :
.Mr. President:
The Committee on Railroads have had under consideration the following House bill, which they direct me to report, with recommendation that the same do pass:
A bill to repeal an act granting right of way to the Cin-

488

JouRNAL OF THE SENATE.

cinnati Southern Rail way where its route adjoins that ot the Western and Atlantic Railroad, approved October. 81 1879.
The committee also recommend that the following House resolutions do pass :
A resolution authorizing an agreement to be made with the city of Atlanta affecting the use of Wall <;treet.
Also, a resolution ratifying and confirming provisional settlements made by the Governor and Attorney-General, and for other purposes.
Respectfully submitted. W. W. OsBORNE, Chairman.

Mr. Bush, chairman pro tern. of the Special Judiciary Committee, submitted the following report:
Mr. President:
The Special Judiciary Committee have had under consideration the following bill, which they recommend do pass, to wit:
A bill to be entitled an act to establish a system of free schools in the town of Trion, in Chattooga county.
Respectfully submitted. C. C. BusH, Chairman pro tern.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bills of the House by the requisite constitutional majority, to wit:
A bill to regulate the sale of milk, butter, and cheese in this State and to provide for a penalty for the violation of' the same.

MoNDAY, DECEMBER 9, 1895.

48~

The Senat~ took up the report of the Committee on Corporations on the bill of the House to provide for a change of the names and principal offices of banking and othet~ companies.
The committee reported in favor of its passage, with amendments, which were adopted, and the report wasagreed to.
The bill was read the third time and passed as amended -yeas 26, nays 0.

'The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act t(} amend, consolidate, and codify the several acts incorporating the city of Forsyth.
Proof of legal notice was submitted.
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 -yeas 29, nays 0.

The following bills and resolutions of the House were read the second time and passed to a third reading, to wit:
A resolution authorizing an agreement to be made with the city of Atlanta affecting the use of Wall street.
Also, a resolution ratifying and confirming provisional settlements made by the Governor and Attorney-General,. etc.
Also, a bill to repeal an act granting right of way to the Cincinnati Southern Railway where its route adjoins that of the Western and Atlantic Railroad.
Also, a bill to appropriate $1,800 to the special commis-

490

JOURNAL OF THE SENATE.

sioners for the adjudication of controversies affecting the Western and Atlantic Railroad, etc., aud for other purposes.
Also, a resolution appropriating the sum of $500 to paint the dome of the Capitol and repair the roof of the Capitol building.
Also, a resolution to pay the per diem and expenses of the Joint Committee of the General Assembly appointed at the session of 1894 to examine the work of the Code commissioners.
Also, a resolution for the relief of Jane Everett and ot'h:. -ers of Catoosa county.
Also, a bill to relieve the, Atlanta and Chattahoochee Railway Company and the Collins Park and Belt Railway .Company.

Mr. Harris, chairman of the General Judiciary Committee, submitted the following report :
M1. President:
The General Judiciary Committee have had under consideration the following bill, which they direct me to return to the Senate, with the recommendaton that it do not pass,lto wit:
House bill No. 232, by Mr. Polhill of Bibb, to be entitled an act to amend section 3888 of the Code of 1882.
Also, the following House bills, which they direct me to return to the Senate, with the recommendation that they be read the second time and recommitted, to wit:
House hill No. 474, by Mr. Willingham of Monroe, to be entitled an act [to amend an act approved October 19, 1891, etc.
Also, House bill No. 568, by Mr. Pitman of Troup, to

MoNDAY, DECEMBER 9, 1895.

491

be entitled an act to make penal the offense of hindering, obstructing, or interfering with officers, etc.
Respectfully submitted.
N. E. HARRIS, Chairman.

Mr. Cumming, chairman pro tem. of the General Judieiary Committee, submitted the following report.:
Mr. President:
The General Judiciary Committee have had uncler consideration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit :
Joint resolution No. 110, by Mr. Gray of Catoosa, revoking ceded rights to the United StateR, etc.
Also, joint resolution No. 139, by Mr. Meadow of Madison, correcting House bill No. 3!17 by amending the title, etc.
Also, House bill No. 295, by Mr. Perkins of Habersham; to be entitled an act to authorize the proper county authorities of the border counties of this State to co-operate with the proper authorities of the adjacent States in building and keeping up bridges, etc.
Also, House bill No. 402, by Mr. Fogarty of Richmond, to be entitled an act to authorize the republication of Georgia Reports from the 77th to 83d, etc.
Also, Honse bill No. 435, by Mr. Fullwood of Polk, to amend an act to fix the time. for holding the courts in the various counties composing the Tallapoosa circuit, etc.
Also, House bill No. 467, by Mr. Awtry of Cobb, to be entitled an act to prohibit the operation of opium joints,
~tc.
Also, Honse bill No. 542, by Mr. Moore of Bulloch, to



492

JOURNAL OF THE SENATE.

be entitled a,n act to amend an act to provide for the appointment of auditors, etc.
Also, House bill No. 739, by Mr. Bailey of Spalding, to be entitled an act to require Spalding county to pay the officers of court the costs now allowed by law in each case convicted and worked in the chain-gang, etc.
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 recommitted, to wi~:
House bill No. 503, by Mr. Awtry of Cobb, to be entitled an act to make penal prize-fighting, etc.
Also, House bill No. 518, by Mr. Farmer:or Coweta, to be entitled an act to allow affidavits to f01eclose liens to be made before any officer authorized to administer oathst etc.
Also, House bill No. 604, by Mr. Little of Muscogee, to be entitled an act to amend section 1855 of the Codet etc.
Also, House bill No. 718, by Mr. Battle of Muscogee, to be entitled an act to provide for official surveys of the Western and Atlantic Railroad, etc.
Respectfully submitted. BRYAN CuMMING, Chairman protem.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Cairo, in the county of Thomas.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 25t nays 0.



Mo:snAY, DECEMBER 9, 1895.

493

The Senate took up the report of the General J udiciar, Committee on the resolution correcting House bill No. 397.
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 Honse to amend section 1675(a) of the Code.
The report was agreed to.
The bill was read the third time and passed-yeas 27, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to fix the time of electing the mayor and council of the town of Decatur.
.Proof of legal notice was submitted.
The report was agreed .to.
The bill was read the third time and passed-yeas 28, nays 0.

The Senate took up the report of the Committee on Agriculture on the bill of the House to repeal an act for protection of fish in the waters of Berrien county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to repeal so much of the act creating a board of commissioners for the county of DeKalb as limits the compensation of the cler~ thereof to a sum not exceeding two hundred and fifty dollars, and for other purposes.

494

JOURNAL OF THE SENATE.

Proof of legal notice was submitted. The report was agreed. The bill was read the third time and passed-yeas 30, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to authorize and empower the mayor and council of Decatur, Ga., to provide for registration and license of every trade and busines."' carried on in said city.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 23, nays 0.

The &>nate took up the report of the Special Judiciary Committee on the bill of the House to limit the jurisdiction of the city court of DeKalb county in civil cases to amounts exceeding one hundred dollars.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 25, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to incorporate the town of Battle Hill.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 28, nays 0.

MoNDAY, DEcE~IBER 9, 1895.

495

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the act for Troup county, so as to elect commissioners at general elections.
Proof of legal notice was submitted.
The committee reported in favor of its passage, with an amendment which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended -yeas 25, nay8 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Braswell, in Paulding county.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed-yeas 28~ . naysO.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend section 4928 of the Code.
The report was agreed to.
The bill was read the third time and passed-yeas 31, nays 0.

The following mel'!sage was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bill of the House
by the requisite constitutional majority, to wit: A bill to amend the general tax act of 1895-96, to

496

JouRNAL OF THE SENATE.

-change the license tax on daguerrean, ambrotype, photographic, and similar artists.

The Senate took up the report of the Special Judiciary -committee on the bill of the House to amend an act to -create a board of commissioners of roads and revenues in the county of Catoosa.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.
The Senate took up the report of th~ Committee on Banks on the bill of the House to amend an act to mcorporate the Savannah Bank and Trust Company.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 29, nays 0.
The Senate took up the report of the Special Judiciary .Committee on the bill of the House to remove obstructions -<lf all kinds from the running streams of Madison county, :and for other purposes.

l\Ir. Bush, chairman of the Special Judiciary Committee, submitted the following report:
Mr. President:
The Special ,Judiciary Committee have had under consideration the following bill, which they recommend be read the second time and recommitted to this committee, to wit:
A bill to be entitled an act to remove obstructions of all

MoNDAY, DECEMBER 9, 1895.

497

kinds from the running streams of Madison county, and for other purposes.
Respectfully submitted. C. C. BusH, Chairman pro tern.

The Senate took up the report of the Committee on Education on the bill of the House to amend an act to .establish a system of public schools in the town of Quitman, approved December 26, 1888, and for other purposes.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 23, nays 0.
The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of Cordele, etc., and for other purposes.
Proof of legal notice was submitted. The report, recommending the passage of the bill with -amendments, was agreed to. The bill was read the third time, and on the question of its passage as amended, there were yeas 30, nayo 0.
The Senate took up the report of the General Judiciary .Committee on the bill of the House to require Spalding (!Ounty to pay the officers of court the amount now allowed by law in each case convicted and worked in the chaingang of said county.
Proof of legal notice was submitted.
The report was agreed to. The bill was read the third time and passed-yeas 26, nays 0.
32s

498

JOURNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to authorize the trustees of the United Freewill Baptists of Columbus to sell certain lands.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 30,. nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate to repeal the charter of the city of Manchester, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 30,. nays 0.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has passed the following bill of the House by the requisite constitutional majority, to wit:
A bill to prevent the procurement of consignments of farm, orchard, and dairy products to parties who fail to make proper returns arising from the sale thereof, making it a misdemeanor.

The &nate adjourned until 11 o'clock P. ~1.

11 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President in the chair.

MoNDAY, DECEMBER 9, 1895.

499

The call of the roll was, on motion, dispensed with.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
.Mr. President:
The House has passed the following hill of the House by the requisite constitutional majority, to wit:
A hill to regulate practice in the courts of this State. The House has also adopted the following resolutions of the House, as follows :
A resolution to allow the duplicate specimens of wood, minerals, etc., of the State to be loaned to museums or other scientific institutions.
Also, a resolution to pay W. C. Shore, of Habersham, pension for $50.

The following message was received from the HouFe through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following bill of the House by the requisite constitutional majority, to wit:
A bill to establish a school for colored persons as a branch of the State University, to be called the State Industrial College for Colored Persons.
The following bills of the House were read the first time and referred as indicated, to wit:
A bill to amend an act approved November 26, 1890, entitled an act to establish a school for colored people in this State.
Referred to the Committee on Education.

500

JouRNAL OF THE SENATE.

Also, a bill to regulate practice in the courts of this State.
Referred to the General Judiciary Committee.
Also, a bill to prevent the procurements of consignment of farm, orchard, and dairy products to parties who fail to account to the rightful owner, etc., and for other purposes.
Referred to the Committee on Agriculture.
Also, a bill to amend the general tax act for 1895 and 1896, approved December 18, 1894.
Referred to the Finance Committee.
Also, a resolution to allow the duplicate specimens of woods, minerals, etc., in possession of the State to be loaned to museums and other scientific institutions.
Referred to the Committee on Agriculture.
Also, a resolution to appropriate $50 to pay the pension of W. C. Shore.
Referred to the Finance Committee.
The following bills of the Honse were read the second time and passed to a third reading, to wit:
A bill to amend an act approved October 19, 1891, to establish city courts, etc., in counties having a population of 15,000 or more, and for other purposes.
Also, a bill to authorize the republication of the Georgia Reports from the 77th to the 83d inclusive.
Also, a bill tQ authorize the proper authorities of border counties of this State to co-operate with the proper authorities in adjacent States in building bridges, etc.
Also, a bill to amend section 1855 of the Code.

The Senate, on motion, adjourned until 10 o'clock A. M. to-morrow.

TuESDAY, DECEMBER 10, 1895.

501

SENATE CHAMBER, ATLANTA, GEORGIA.
Tuesday, December 10, 1895, 10 O'clock A. M.

The Senat~ met pursuant to adjournment, the President in the chair.

Prayer was offered by the <..:haplain.

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

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Lewis, Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Mort.on, McGarrity, McClure, Norman, Osborne, Ryals,

Those absent were Messrs.-

Roberts, Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox,
'VadP., Whitley, Williams, Mr. President.

Harris of the 3d, Storey.
Mr. Harris, of the Twelfth district, chairman of the Committee on Journals, reported the Journal correct. The reading of the Journal was, on motion, dispensed with.

Mr. Mercer offered a joint resolution providing for a joint committee to inquire and report upon expediency of extending the present session, which was read and agreed to.

The Senate took up the report of the Committee on Militar.}:' Aflairs on the resolution of the House authorizing the Trerumrer of this State to transfer on the books' of his office, from the military fund of 1894 to the military fund of 1895, the unexpended balance of 1894, amounting to the sum of $623.11.

502

JOURNAL OF THE SENATE.

The report was agreed to.
The resolution was read the third time, and on the question of concurring therein, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

:Beeks, Broughton, Bush, Boyd, Brand, Brown, Cumming, Harris of the 12th, Harris of the 22d, Harrison, Keen,

Lewis, Long, Little, McMillan, Mercer, McGregor, Monro, McClure, Norman, Ryals, Ro.berts,

Sheppard, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, wilson,
Wilcox, Whitley, Williams.

Those not voting were Messrs.-

Bussey, Craigo, Harris of the 3d, Johnson,

Lurr.pkin, Morton, McGarrity, Osborne,

Story, Wade, Mr. President.

Yeas 33. Not voting 11.

So the resolution was concurred m by a constitutional majority.

Mr. Long, chairman Committee on Banks, submitted the following report :
Mr. President :
Your committee have had under consideration the following bill, by Mr. Moore of Bulloch, No. 717, which they recommend do not pass:
A bill to be entitled an act to amend section 943(a) of the Code of Georgia of 1882, providing for the selection by the Governor of Georgia of banks in certain cities therein named, to be known and designated as State depositories, so as to add to the cities named in said section and the acts

TUESDAY, DECEMBER 10, 1895.

503

:amendatory thereof, the city of Statesboro, in the county of Bulloch and Toccoa in the county of Habersham.
Also, a bill, by Mr. Jenkins of Putnam No. 750, which they recommend do pass, to amend an act to authorize is-suance of circulating notes to the banks and the banking associations of this State, approved December :W, 1893.
Respectfully submitted. N. G. Lmm, Chairman.

The l:;enate took up the report of the Committee on Public Property on the bill of the House to vest the management and care ot all jails and persons confined therein under the control of the county commissioners of roads and revenues, and for other purposes.
The committe{" reported in favor of its passage with an
amendment, 'which was adopted, and report was agreed to.
The bill was read the third time and passed as amended -yeas 26, nays 0.

The Senate took up the report of the General ,Judiciary Committee on the bill of the House to amend section 3888 ofthe Code.
The report was amended, on motion of Mr. Cumming, by striking from the caption the word "interrogations " .and inserting in lieu thereof the word "interrogatories."
The report, as amended, was agreed to.
The bill was read the third time and passed as amended -yeas 25, nays 0.

The Senate took up the report of the Finance Committee on the reconsidered resolution of the House to authorize the .State Treasurer to pay John Faver for services, etc.
The report was agreed to.

504

JOURNAL OF THE SENATE.

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

Those voting in the affirmative were 1\Iessrs.-

Broughton, Bush, Boyd, Brand, Brown, Craigo, Harris of the 12th, Harris of the 2'2d, Harrison, Johnson, Keen, Lewis,

Little, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, McGarrity, McClure, Norman, Ryals, Robel'ts,

Sheppard, Sanford, Snead, Sharpe, l::ltarr, Tatum, Upchurch, Wilson, Wilcox, Wade, Whitley.

Those not voting were Messrs.-

Beeks, Bussey, l)umming,

Harris of the 3d, Long, Osborne,

Stmy, Williams, Mr. President.

Yeas 35. Not voting 9.

So the reconsidered resolution was concurred in.

On motion of Mr. Cumming, a committee of five was appointed on the order of business. The President appointed the same committee of yesterday.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate to the trustees of the University of Georgia the sum of $25,000.00 to be used in the construction of additional buildings and furnishing the same for the Georgia Normal and Industrial CollPge, and for other purposes.
The committee reported in favor of its passage, with certain amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and on the question of.. its passage the yeas and nays were recorded.

TuESDAY, DECEMBER 10, 1895.

505

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Brown, Cumming, Craigo, Harris of the 12th, Harris of the 22d,

Lewis, Uttle, Lumpkin, McMillan, Mercer, McGregor, Monro, Morton, Norman, Osborne, Ryals,

Roberts, Sheppard, Sanford, Ftarr, Upchurch, Wilson, Wilcox, Wade, Whitley, Williams.

Those voting in the negative were Messrs.-

Johnson,

Keen,

McGarrity.

Those not voting were Messrs.-

Harris of the 3d, Harrison, Long,

McClure, Storey, Snead,

Sharpe, Tatum, Mr. President.

Yeas 32. NayR 3. Not voting 9.

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

Mr. Lewis, chairman Committee on Finance, submitted the following report:
Mr. President:
The Finance Committee have had under consideration bill No. 421, entitled an act to appropriate money to pay such ex-Confederate soldiers as are unable to provide for themselves, and recommend !t do pass as amended.
Respectfully submitted. E. B. LEWIS, Chairman.

The Senate took up the report of the Finance Committeeon the bill of the House to amend section 6 of an act to carry into effent the act amending paragraph 1 of section 1 of article 7 of the Constitution of this State, by providing

oos

JOURNAL OF THE SENATE.

an annual pension to such ex-Confederate soldiers as are unable to make a living for themselves.
The report recommended the passage of the bill with ~ertain amendments, which were adopted, and the report was agreed to.
The bill was read the third time, and on the question of its passage as amended, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Craigo, Harris of the 12th, Harris of the 22d, .Johnson, Keen,

Lewis, Little, Lumpkin, McMillan, Mercer, Monro, Morton, McGarrity, Norman, Ryals,

Roberts, Sheppard, Sanford, Sharpe, Tatum, Upchurch, Wilson, Wade, Whitley, Williams.

Those not voting were Messrs.-

Brown, Cumming; Hanis of the 3d, Harrison, Long,

McGregor, l\lcClure, Osborne,
~torey,

Yeas 31. Not voting 13.

Snead, Starr, Wilcox, Mr. President.

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

On motion of Mr. Brand, the House bill to amend an .act, approved October 21, 1891, prescribing the method of granting charters to banking companies, was recommitted.

Mr. Lewis offered a resolution to authorize the Governor to borrow money to supply deficiencies, etc., which was read and agreed to.

TUESDAY, DECEMBER 10, 1895.

507

Mr. Bush, chairman pro tern. of the Committee on Special Judiciary, submitted the following report:

Mr. Pre-8ident:
The Special Judiciary Committee have had under consideration the following bills, which they instruct me, as chairman, to report that the same do pass; to wit:
A bill to be entitled an act to abolish the city court of Laurens county.
Also, a bill to amend the charter of Hapeville, Ga.
Also, a bill to establish a system of free schools in the town of Trion, in Cbattooga county.
Also, a bill to fix the official bond of the receiver of tax returns in Bibb county.
Also, a bill to fix the compensation of the two bailiffs of the second division city court of Atlanta.
Also, a bill to create a board of commissioners of roads and revenues in the county of Habersham.
Respectfully submitted. C. C. BusH, Chairman pro tern.

The following message was received from the House through Mr. Harden, the Clerk thereof: Mr. President :
The House bas concurred in the Senate amendments to the following House bills, to wit :
A bill to amend the charter of the city of Atlanta. Also, a bill to amend an act consolidating and codifying the various acts incorporating the city of Forsyth. Also, a bill to amend the charter of the town of Camilla. Also, a bill to repeal an act authorizing the ordinary of

508

JOURNAL OF THE SENATE.

Spalding county to hold court other than at the courthouse.
Also, a bill to establish the city court of Coffee county.
Also, a bill to amend the charter of the city of Cotdele.
Also, a bill to amend an act to elect commissioners of Troup county by the people.
Also, a bill to authorize the trustees of the United Freewill Baptist Church of Columbus to make sale of certain property.
Also, a bill to incorporate the town of Alto.
Also, a bill to provide for the change of names of officers and place of business of banking, railroad, insurance, express, telegraph, etc.
Also, a bill to amend the Constitution so as to provide for additional judges of supreme court, etc.
The House has also concurred in the Senate amendments to House resolution, to wit:
A resolution for the relief of J. S. McGahee of McDuffie county.
The House has also adopted the fullowiug resolution o( the Senate, to wit :
A resolution for the relief of ,J. D. Laing, tax-collector of Terrell county.

By resolution of Mr. Bush, the Hon. A. L. Harris and Col. Sid Nussbaum, of the county of Decatur, were invited to seats in the Senate during their stay in this city.
The Senate took up the report of the Special Judiciary Committee on the bill of the House to change the county site of Fannin county, in the State of Georgia, from Mor-

o, TUERDAY, DECEMBER 1 1895.

509

ganton to Blue Ridge, in said county, and for other purposes.

The report was agreed to.

The bill was read the third time, and on the question of its passage the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brand, Craigo, Harris of ,the 3d, Harris of tlle 12th, Harris of the 22d, Harrison, Keen,

Lewis, Long, Little, Lumpkin, McMiiian, Mercer, McGregor, Monro, Morton, McClure, Norma!l, Osborne,

Ryals, Roberts, Sheppard, Sanford, Sharpe, Starr, Tatum, Upchurch, Wilson, 1Vade, Whitley, Williams.

Those not voting were Messrs.-

Brown, Cumming, Johnson,

McGarrity, Storey, Snead,

Yeas 36. Not voting 8.

1Vilcox, Mr. President.

So the bill was passed by a constitutional majority.

Mr. Beeks, chairman- of the Committee on Education, submitted the following report :
J-Ir. President:
Your committee have had under consideration the following House bill, which they direct me to report to the Senate, with the recommendation that the same do pass as amended, to wit:
A bill to amend an act approved November 26, 1890, ~ntitled an act to establish a school for colored persons in

510

JOURNAL OF THE SENATE.

this State, by adding "to be called the State Industrial College for Colored Persons."
Respectfully submitted. WALTER C. BEEKS, Chairman.

Mr. Broughton, chairman of the Committee on Agriculture, submitted the followi~g report:
Mr. President:
The Committee on Agriculture have had under consideration House blll, by Mr. Bailey of Spalding, to be entitled an act to regulate the sale ofmilk, butter,and cheese, and fixing a penalty for the unlawful sale, or offering for sale, of any watered or adulterated or unwholesome milk, ana imitations or adulterations of butter and cheese ; and they instruct me to report the same back to the Senate, with the recommendation that it do pass.
Also, a bill, by Mr. Gray of Houston, to be entitled an act to pre\ent the procurement of consignments of farms, orchards, and dairy products to parties who fail to account to the rightful owner of such products for the proceeds arising from the sale thereof, and for other purposes ; and they instruct me to report the same back to the Senate, with the recommendation tliat it be read the second time and recommitted.
Also, a bill, by Mr. Law of Liberty, to be entitled an act to compel all persons who sell, or offer to sell, in the county of Liberty, any beef, pork, or mutton, to exhibit the ears of the animal killed and state the brand, to prescribe a penalty for the same, 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. WM. A. BROUGHTON, Chairman.

TuESDAY, DECEMBER 10, 1895.

511

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 which he respectfully invites the consideration of your honorable body in executive session.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report :
Mr. President: The Committee on ]'inance have had under considera-
tion the following House bills, which they direct me to report, with the recommendation that the same be read the second time and recommitted to that committee :
A bill to provide for and authorize the payment of pensions to certain widows of Confederate soldiers.
Also, a bill to appropriate fourteen hundred dollars to the Georgia School for the Deaf, and for other purposes.
Also, a bill to make an appropriation for an arithmometer and a Smith Premier typewriter for the treasury department of the State of Georgia.
Also, a bill to amend the genera1 tax act for 1895 and 1896, approved December 18, 1894, and for other purposes.
The committee also recommend that the following House resolutions be read the second time and recommitted :
A resolution providing for the payment to the city of Atlanta of the State's proportion of the expenses of paving West Cain street, and for other purposes.
Also, a resolution to pay Mrs. Arthenia A. Sailors, widow of John B. Sailors, fifty dollars, one year's pension due

.512

JOURXAL OF THE SENATE

.John B. Sailors at the time of his death, and for other purposes.

Also, a resolution to purchase a portrait of the Hon. Robert Toombs.

Also, a resolution to pay the widow of R. I. G. Blake, <>f Dade county, the pension due her husband for the year 1893.

Also, a resolution to authorize the Governor and Attorney-General to make a final settlement with W. P. McClatchey of Tennessee for legal services to the State.

Also, a resolution to pay Thomas R. Daniel and William Bridges their pensions for the years 1893 and 1894.

Also, a resolution appropriating one hundred dollars to pay expenses of Special Investigating Committee.

Also, a resolution to make an appropriation to pay the derk of the Committee on Privileges and Elections, sitting during recess.

Also, a resolution to pay M. A. Hardin, Clerk, and C. S. Northen, Assistant Secretary, for preparing and mailing a statement of the business to each member of the General Assembly.

Also, a resolution to provide for the payment of one ad-

ditional doorkeeper of the Senate for the session of 1895.

and to make an appropriation therefor.

Respectfully submitted.

' E. B. LEWis, Chairman.

The Senate took up the report of the Finance Committee on the bill of the House to make an appropriation to the State Memorial Board for the purpose of marking by monument, or monuments, etc., the position, or positions, occupied by Georgia troops in the battle of Chickamauga, etc., and for other purposes.

TUESDAY, DECEMBER 10, 1895.

513

The committee ~eported in favor of its passage, with :an ~tmendment, which was adopted, and the report was agreed to.

The bill was read the third time, and, on the question of its passage, as amended, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Eeeks, Broughton, Bush, Boyd, Brand, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Keen,

Lewis, Long, Little, Lumpkin, Monro, MortOn, McClure, Norman, Ryals, Roberts,

Sheppard, Sanford, Snead, Sharpe, Starr,
Tatum,
Wilson, Wilcox,
Wade,
Williams.

Those not voting were Messrs.

Bussey, Brown, .Cumming, Harris of the 3d, .Johnson,

McMillan, :Mercer, McGrej:(or, McGarrity, Osborne,

Storey, Upchurch, Whitley, Mr. President.

Yeas 30. Not voting 14.

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

Mr. Bush, chairman pro tem. of the Committee on Spe-cial Judiciary, submitted the following report:

Mr. President:

The Committee on Special Judiciary have had under consideration the following bill, which they recommend -do pass, to wit:

A hill to be entitled an act to remove obstructions of all

kind from the running streams of Madison county, and for

()ther purposes.

Respectfully submitted.

C. C. BusH, Chairman.

33s

514

JouR~AL 6F THE SENATE.

The Senate took up the report of the Finance Committee on the resolution of the Honse appropriating the sum of $500 to paint the dome and repair the roof of the Capitol building.

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

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

Those voting in the affirmative were Messrs.-

Bush, Boyd, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen, Lewis,

Long, Little, McGregor, Monro,
~lorton,
McGarrity, McClure, Norman, Ryals,

Sanford, Sharpe, Starr, Upchurch, Wilson, Wilcox, Wade, Williams.

Those not voting \Yere .Messrs.-

Beeks, Broughton, Bussey, Brand, Brown, Cumming,

Harris of the 3d. Lumpkin, McMillan, Mercer, Osborne.
Robert~,

Sheppard, Storey, Snead, Tatum, Whitley, Mr. President.

Yeas 26. Not voting 18.

So the resolution was concurred in as amended.

The Senate took up the report of the Finance Committee on the resohition of the House to pay the per diem and expenses of the Joint Committee of the General Assembly appointed at the session of 1894 to examine the work of the Code commissioners.

TuEsDAY, DECEMBER 10, 1895.

515

The committee reported in tav6r of the resolution, with an amendment, which was adopted, and the report was agreed to.

The resolution was read the third time, and, on the question of concurring in the same, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Boyd, Brown, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison,

Johnson, Keen, Lewis, Long, Little, Lumpkin, McMillan,i McGregor, Monro, Norman, Osborne,

Those not voting were Messrs,:._

Ryals, Roberts, Sanford, Snead, Starr; Upchurch, Wilson, wilcox,
'Vade, Williams.

Brand, Harris of the 3d, Mercer, Morton,:

McGarrity, McClure, Sheppard, f:ltorey

Yeas 32. Not voting 12.

Sharpe, Tatum, Whitley, ::\Ir. President.

So the resolution was concurred in as amended.

The Senate went into executive session and again returned to open session.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
.JJfr. President:
The House has passed the following bills of the Senate by the requi8ite constitutional majority, to wit:
A bill to amend an act relative. to charteri1:1g or incor:porating banking companies by the 8ecretary of State.

516

JOURXAL OF THE SENATE. ,

Also, a bill to confer on judges of the suP.erior and city courts of the State jurisdiction to hear motions for new trials, etc., in vacation.

Also, a bill to amend section 21 of an act approved December 18, 189:3, relative to granting corporate powers by the Secretary of State to insurance companies.

Also, a bill to amend section 752, so as to provide additional privileges to minors.

Also, a bill to provide the mode of changing venue in ~riminal cases.

Also, a hill to repeal an act regulating court contracts.

Also, a bill to prescribe the method of serving bills of

exceptions upon non-residents.

Also, a bill to a~thorize the Governor and Treasurer to

issue bonds and negotiate their sale to pay the public debt

maturing July I, 1896.

.

The Senate took up the Report of the General Judiciary Committee on the bill of the Honse to amend section 534 of the Code as amended by an act approved October 19, 1891, etc., an_d 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 pas3tid as amended -yeas 24, nays 0.

The bill of the House to repeal an act granting right of way to the Cincinnati Southern Railway where the route adjoins the Western and Atlantic Railway, approved October S, 1879, was recommitted.

The Senate took up the report of the General Judiciary Committee on the bill of the House to fix and define the

TUESDAY, DECEMBER 10, 1895.

517

liability of rec~ivers, trustees, assignees, and other persons operuting railroads in this State, etc., for injuries and damages to employees caused by the negligence of coemployees, 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 amendedyeas 28, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the HQuse to incorporate the town of Moultrie as the city of ~oultrie, etc., and for other purposes.
Proof of legal notice was submitted.
The report recommended the passage of the bill, with amendments, which were adopted, and the report was agreed to.
The bill was read the third time and passed as amended -yeas 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the Honse to amend the charter of the town of Locust Grove.
The report was agreed to.
The bill was read the third time, and on motion, laid on the table.
The Senate took np the report of the General Judiciary Committee on the bill of the House to authorize the proper authorities of border counties of this State to co-oporate with the proper authorities of border counties in adjacent States in building and keeping in repair bridges over border or boundary rivers, etc.

518

JOURNAL OF THE SENATE.

The report was agreed to.
The bill was read the third time and passed-yeas 25, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to make the personal earnings of a married woman, when working for any one other than her husband, her separate property and not liable to the debts of her husband.

The committee reported in favor of its passage.

The report was agreed to.

The bill was read the third time, and on the question of its passage the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Boyd, Brand, Cumming, Craigo, Harris of the 22d,

Harrison, Lumpkin, Mercer, McGregor,

Wilson, Wade, Whitley, Williams.

Those voting in the negative were Me!:'srs.-

Broughton, Bush, Bussey, Brown, Harris of the 12th, Johnson, Keen,

Lewis, Long, McMillan, Monro, McGarrity, Norman,

Ryals, Roberts, Sanford, Sharpe, Starr, Wilcox.

Those not voting were. Messrs.-

Beeks, Harris of the 3d, Little, Morton,

McClure, Osborne, Sheppard, Storey,

Snead, Tatum, Upchurch, Mr. President.

Yeas 13. Nays 19. Not voting 12.

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

TuESDAY, DECE)IBER 10, 1895.

519

Mr. President:
The Committee on Corporations have had under consid~ration the following House bills, which they direct me to report back, with recommendation that they do pass:
A bill to be entitled an act to amend the Union Loan and Trust Company.
Also, a bill to be entitled an act to incorporate the town Of Birmingham, in the county of Milton.
Also, a bill to be entitled an act to amend an act entitled an act to consolidate, amend, and codify the various acts incorporating the city of Forsyth.
Also, a bill to be entitled an act to amend an act to incorporate the town of Graysville.
Also, a bill to be entitled an act to amend an act incorporating the city of Chickamauga.
Respectfully ~mbmitted. C. H. BRAND, Chairman.

Mr. Lewis submitted the following report:
Jtfr. President : The Finance Committee hav~ had under considera~ion
.the following bills, and recommend they be read the second .time and recommitted :
Bill No. 749, entitled an act to authorize the issuance of warrants on the treasury to pay pensions.
Also, No. 61, a resolution to appropriate $50.00 to pay pension of W. C. Shore of Habersham county.
Respectfully submitted. E. B. LEWIS, Chairman.

The bill of the House to define the liabilities of trustees and assignees of corporations owning or operating property

520

JOURKAL OF THE SENATE.

in this State was recommitted to the Committee on theGeneral J u-diciar'Y.

The following bill and resolution of the House were read a second time and passed to a third reading, to wit :
A bill to authorize the issuance of warrants on the treasury of this State to pay the pensions of ex-Confederate soldiers, and for other purposes.
A resolution to appropriate the sum of $50.00 to pay the pension of W. C. Shore of Habersham county.

By resolution of Mr. Brand, the Hon. R. D. Smith, ex-State Senator from the county of Crawford, was invited to a seat in the Senate during his stay in this city.

Mr. Tatum offered a joint resolution for the appointment of a joint committee to welcome the citizens of Chattanooga visiting the Exposition, which was read and agreed to.

The Senate took up the report of the Committee ou . Temperance on the bill of the House to amend section 943(a) of the Code.
The report of the committee, which was favorable to the passage of the bill, was amended by inserting the word "Assembly" after the word "General" in the seventh line of first section.
The report, as amended, was agreed to.
The bill wa.S read the third time and passed as amendedyeas 2-1, 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 Dawson superior court.
The report was agreed to.

TUESDAY, DECEMBER 10l 1895.

521

The bill was read the third time and passed-yeas 26~ -- ....nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to authorize the republication of the Georgia Rep01ts from the 77th to the 83d inclusive.

The report was agreed to.

The bill was read the third time, and on the question oi its passage, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Broughton, Bush, Bussey, Boyd, Brand, Cumming, Craigo, Harris of the 22J, Harrison, Johnson,

Keen, Lewi8, Long, Little, Lumpkin, Mercer, McGregor, Monro, McGarrity, Norman,

Ryals, Roberts, Sanrord, Snead, Sharpe, Starr, Wilson, Wade, Williams.

Those not voting were Messrs.-

Beeks, Brown, Harris of the 3d, Harris of the 12th, McMillan,

Morton, McClure, Osborne, Sheppard, Storey,

Tatum, Upchurch, Wilcox, Whitley, Mr. President.

Yeas 29. Not voting 15.

So the bill was passed by a constitutional majority.

The Senate adjourned until 3:30 o'clock P. M.

3:30 O'cLOCK P.M. The Senate met pursuant to adjournment, the actingPresident p1o tern., Mr. Starr, in the chair. The roll call was, on motion, dispensed with.

.522

JouRNAL oF THE SENATE

The following bills and resolutions of the House were read the second time and recommitted, to wit:
A resolution appropriating $100.00 to pay expenses of special investigating committee.
A resolution to pay John R. Daniel and William Bridges their pensions for the years 1893 and 1894.
A resolution to authorize the Governor and AttorneyGeneral to make a final settlement with W. P. McClatchy.
A resolution to pay the widow of R. I. G. Blake, of Dade county, the pension due her husoand for the year 1893.
A resolution to pay M. A. Hudson and C. S. Northen for preparing and mailing a statement of the business pending to each member of the General Assembly.
A resolution to make an appropriation to pay the clerk Of the Committtee on Privileges and Elections.
A bill to appropriate $1,400.00 to the Georgia School fur the Deaf.
Also, a bill to amend the charter of Hapeville.
Also, a bill to prohibit the operation of opium joints m this State.
Also, a bill to provide for the payment of pensions to Certain wido'ws, etc.
Also, a bill to make prize-fighting penal,etc.
Also, a bill to allow affidavits to foreclose liens to be made before any officer authorized to administer oaths.
Also, a bill to amend the general tax act for 1893 and 1894.
A resolution providing for the payment to the city of Atlanta of the State's proportion of the expenses of paving 'Vest Cain street, etc.

TuEsDAY, DECEMBER 10, 1895.

52:3

A resolution to purchase a portrait of the Hon. Robert Toombs.
A resolution to pay Mrs. Arthenia A. Sailors $50.00 and Mrs. Ellen M,cGovern $100.00 as pensions.
Also, a bill to provide for official surveys of the Western and Atlantic Railroad, etc.
Also, a bill to make an appropriation for an arithmome-' ter and a Smith premier typewriter for the treasury department.
A resolution for the payment of one additional doorkeeper of the Senate for the session of 1895, etc.

Mr. Long, chairman Committee on Banks, submitted the following report :
Mr. President:
Your committee have had under consideration the following bill by Mr. Broyles of Fulton, No. 245, which we recommend do pass, to wit:
A bill to be entitled an act to amend an act approved October 21, 1891, prescribing the method of granting charters to banking companies.
Respectfully submitted. N. G. LONG, Chairman.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President:
The house has concurred in the Senate amendment to the following bill of the House :
A bill making an appropriation for monuments of Confederate soldiers buried in Chickamauga National Park.

JOURNAL OF THE SENATE.
The House has also concurred in the following resolution of the Senate, to wit :
A resolution authorizing the Governor to accept certain historical publications from Gen. James D. M;cBride.
Also, a resolution (which was lost) appointin~ a committee from the Senate and House to investigate the convict camps of this State.
The House has also passed the following bills of the Senate, to wit :
A bill that a rnat.ter may not contract with a servant exempting himself from liability for injuries sustained.
A bill to. amend section 4721 of the Code.
The following bills and resolutions of the House were read the second time and passed to a third reading, to wit :
A resolution for the relief of Mrs. Julia A. Knight and Mrs. Susan E. Massey.
A resolution for the relief of Jane Sanders.
A resolution to pay George B. Whitaker back pensions for the years 1893 and 1894.
A bill to amend an act to establish a school for colored people.
A bill to appropriate money to the State lunatic asylum.
A bill to require all infantry and cavalry companies ot the Georgia volunteers, etc., to be attached to one of the present existing regiments or battalion!s or' the State, and for other purpoRes.
A bill to abolish the city court of Laurens county. A bill to establish a system of free schools for the town of Trion. A bill to amend an act to amend the school laws of this State.

TUESDAY, DECEMBER 10, 1895.

525

A bill to incorporate the town of Jakin.
A'bill to amend an act to authorize issuance of circulating notes to the banks and banking associations of this State.
A bill to amend an act to provide for the appointment of auditors, etc.
A bill to fix the compensation of the two bailiffs of the second division of the city court of Atlanta.
A resolution to allow the duplicate specimens 6f woods and minerals in possession of the State to be loaned to museums or other scientific institutions.
A bill tc fix the official bond of the receiver of tax returns in Bibb county.
A bill to amend the charter of the Union Loan and Trust Company.
A bill to create a board of commissioners of roads and revenues in the county of Habersham, and for other purposes.
A bill for~ the better organization, discipline, and regulation of the volunteer forces of the State, and tor other purposes.
A bill to amend an act to fix the time for holding the eourts in the various co!lnties.
' A bill to compel all persons who sell, or offer to l"ell, in the county of Liberty, any beef, pork, or mutton, to exhibit the ears of the animal killed and state the brand, to prescribe a penalty for the same, and for other purposes.
.A bill to regulate the sale of milk, butter, and cheese, a penalty for the unlawful sale, or offering for sale of any watered or adulterated or unwholesome milk, and imitation -or adulteration of butter and cheese.

526

JOUR~AL OF THE SENATE.

Mr. Broughton made the following report:
~"tfr. President:
The Committee ou Agriculture have had un<'ler consideration House resolution, by Mr. Gray of Catoosa, to allow the duplicate specimens of woods, mineral'>, etc., in possession of the State to be loaned to museums or other scientific institutions, and they instruct me to report the same back to the Senate, with the recommendation that the same be concurred in and that it do pass.
w)I. A. BROUGHTON, Chairman.

The following bills and resolutions of the House were read the second time and recommitted, to wit:
A bill to regula\e practice in the courts of this State.
A bill to amend an act prescribing the method of granting charters to banking compauieo.
A bill to prevent the procurement of consignments of farm, orchard, and dairy products to parties who fail to account to the rightful owner, etc.
A bill to provi<'le who may redeem real estate sold at tax
~ales.
And a bill to make penal the obstructing or hindering or interfering with officers in the discharge of their dutie3 in executing sentence or order of court, etc.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
11-lr. President: The House h~s passed the following bills of the Senate, by
the requisite constitutional majority, to wit:
A bill to regulate practice in the superior courts in cases now or hereafter pending.

TUESDAY, DECEMBER 10, 1895.

527

Also, a bill to provide for the application of all public school funds to the Douglasville College.
Also, a bill to amend section 943 (b) of the Code of 1882. Also, the following bill, as am~nded :
A bill to regulate the sale of domestic wines in the townsand cities in this State.
The House has adopted the following resolution:
A resolution to allow the postmistress of the Housethree days' pay after adjournment, to send the mail t(} members.
Also, the following bill of the Senate:
A bill te amend an act, approved December 6, 1880, making it the duty of the clerks of the city and superior courts to select a judge should the parties litigant refuse to agree in certain cases.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. Pmrident:
The House has passed the following Senate bills by therequisite constitutional majority, to wit :
A bill to amend the charter of the city of Carrollton. Also, a bill to establish a system of public schools for the city of Carrollton. Also, a bill to amend an act establishing a system of public 8chools for the 'city of Carrollton. ~\.lso, a bill to amend an act amending section 4625(c) of the Code.
Mr. Harris, chairman of the General Judiciary Commit tee, submitted the following report :

.528

JOURNAL OF THE SENATE

Mr. President:
The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that they do pass, to wit :
House bill No. 379, by,Mr. Fogarty of Richmond, to be ~mtitled an act to prohibit the levying and collecting by any incorporated city, etc., of any license or tax on any traveling salesmen, etc.
Also, House bill No. 474, by Mr. Willingham of Monroe, to amend an act, approved October 19, 1891, establishing city courts, etc.
Also, the following bills, which they direct me to report to the Senate, with the recommendation that they do pass as amended, to wit:
House bill No. q68, by Mr. Pittman of Troup, to be ~mtitled an act to make penal the offense of hindering, ob.structing, or interfering with officers, etc.
Also, House bill No. 448, by Mr. Fouche of Floyd, to be entitled an act to regulate practice in the courts of this State, etc.
Also, the following bills, which they direct me to report to the Senate, with the recommendation that it be read a second time, and recommitted, to wit:
House bill No. 493, by Mr. Fouche of Floyd, to be entitled an act to provide who may redeem real estate, etc.
Respectfully submitted. N. E. HARRIS, Chairman.

Mr. Sanford, chairman of the Committee on Penitentiary, submitted the following report:

TUESDAY, DECEMBER 10, 189b.

529

Hr. President:
The Committee on Penitentiary, through sub-commit-tees, have visited and inspected the different convict camps throughout the State, and respectfully submit the following reports touching the condition of the camps and the con-victs confined therein.
We found Worth county camp, known as No.3, in a healthy locality, but we found the conYicts in thi.,-; camp poorly clad, and the sleeping-apartments were not heated by stoves or otherwise, rendering them most uncomfortable -during the winter months. There were 51 convicts confined in this camp.
We found 60 convicts in Camp No.2~ in Worth county. There was some sickness in this camp, but the stockade was by far the best arranged of any w~ visited.
At the camps at Minneola, in Lowndes county, and .Amoskeag, in Dodge county, we found 108 convicts. The grounds about the stQckade at Minneola were not as cleanly as we thought they ought to be kept. We also found at this camp that the white and colored convicts were re~uired to sleep in the same apartments. We suggest that -this be taken under consideration by the penitentiary officials, and separate apartments be ordered for the whites .and colored.
We found at the camp at Amoskeag, Dodge county, an -old negro convict named Mark Chappell, sent from the eounty of Putnam, who seems to be insane. We recommend that his condition be inquired into by the authorities, with a view to have him pardoned or committed to the insane asylum, where he can be properly cared for and treated. The sanitary condition of this camp is generally good, but we think the vessels used by the convicts at night should not be allowed to remain in the building. We think some other arrangement should be adopted, and
34s

JOURNAL OF THE SENATE.
the vessels kept beneath the floor, from whence they could be removed daily.
The sub-committee appointed to visit the camps at Smithsouia, in Oglethorpe county, and Heardmont, m ,Elbert county, visited these camps, and reported that in both places the convicts were found in good healthr comfortably clothed, and well fed. The laws governing penitentiary convicts, as far as the committee could determine or learn, are carried out as far as practicable at these two places.
We find the camp at Chattahoochee, in Fulton county, in good condition, except that the bunks upon which the prisoners sleep are too narrow. Two convicts are made to sleep together on these narrow bunks, which do not afford enough room for them to rest comfortably during the night after going through the hard labors of the day. Your committee, believing that these convicts should be bett~r provided for in this regard, recommend that the lessees be required to cause the bunks to be removed, and others, from one to one and one-half feet wider, be put in theirstead, which we think is greatly needed.
At Camp Bartow we find the convicts are supplied with only one snit of clothes. We get this statement from the convicts directly, in the presence of the captain and keeperof the camp, which statement was not denied. We also found some convicts at this camp without. suitable shoes. Some had on shoes nearly or quite ~oro out, with no socks to wear. We recommend that the lessees of the convicts at this camp be required to promptly provide a sufficient supply of suitable clothing and shoes for the prisoners under their care, as required by law and the rules governing the care of convicts.
At Amoskeag camp there is confined a convict named S. J. Bullard, sent from Appling county. His condition

.

TuESDAY, DECEMBER 10, 1895.

531

excites sympathy, and we recommend that the authorities inquire into his case, with a view of securing him a pardon. We also find at Amoskeag a man named James Camwell, from Jones county. We under~Stand another convict has confessed to the crime for which Camwell is being punished.
We visited Camp Echo, in Bulloch c;:,unty, and found the eame in good condition. We think the sanitary arrangements of this camp especially good. We find the convicts properly clothed and fed, and, as far as we can judge, humanely treated.
We found Camp Adrian, in Emanuel county, in good condition, the convicts well cared for in every way, and we think the lessees are discharging their duties.
The camps at Cole City and Crawfish Springs, in Dade and Walker counties, were visited. The health of the con. victs is very good. During the past twelve months ten deaths have occurred out of nearly 500 prisoners. At the time of our visit there were only five patients in the hospital, all of whom were but slightly indisposed. The convicts seem to be well fed, well clothed and properly treated. But we desire to call the attention of the prison authorities to one mode of inflicting punishment sometimes resorted to at this camp, that of " ducking.'' It is claimed by the authorities in charge of the camp that it is not as severe a punishment as whipping. We recommend that the principal keeper make an investigation and ascertain if that method or punishment is authorized by law.
At Crawfish Springs there were 180 convicts. Only four deaths occurred at this camp during the past year.
The camps in Charlton county, known as camps Maxwell, Smith and Hendrix, were all found in good condition. We find the convicts in all of the places properly cared for, as the law provides, well fed, well clothed, and are given

532

JOURNAL OF THE SENATE.

good mP.dical attention when needed. There were 8~ convicts at Maxwell, 112 at Smith camp, and 51 at Hendrix. There was only one sick at Hendrix, two sick at Smith's, and none sick at Maxwell.
At Camp Alexanderville there are 143 convicts. Your -committee found much to condemn at this camp. Six convicts were sick and some of them crippled ; some with toes -cut oft, and one with a leg broken. We are quite sure it was the fault of the superintendent that this convict's limh was broken. We also found the stockade at Ale>..anderi ville in bad condition. It is located in a low, flat place, with a poor roof. The walls are also very open, rendering the building uncomfortable in every way. We found some -convicts working almost without any shirts on, and some with very poor shoes, and all of them without socks.
We also found the feeding and cooking departments at Alexanderville in miserable condition. The convicts are fed principally upon cornbread. The meal is not sifted, and the bran is cooked in the bread. It is badly cooked the outside being burned and the inside raw or half cooked. The meat furnished, in our judgment, is not given in sufficient quantity. We suggest that the lessees be required to procure suitable stores for cooking the rations furnished the convicts. The cooking is now done in the open air, in ovens, and over fires built of pine wood, which render it difficult to cook the food properly.
The convicts at this camp are worked from ten to eleven hours daily, which they think reasonable. They also receive proper medical attention.
Your committee, in concluding the special reports, would call the attention of the Senate and the people of the State to the shameful treatment and management of the State convicts by certain of the lessee companies. In certain camps the convicts are provided with only one suit of cloth-

TuESDAY, DECEMBER 10, 1895.

533

ing, no socks, and shoes that are of little protection to the feet. In other camps the sanitary and other arrangements are a disgrace to the State officials whose duty it is to see that the rules governing the same are carried out. When it is considered that all the convictA are hired at less than one dollar per month per convict, and the State pays out annually over one-half of the income derived from said hire to penitentiary officials, such neglect of duty, on the part of those charged to see that the rules and regulations governing the State convicts are enforced, is, in the opinion of your committee, wholly inexcusable.
Respectfully submitted. B. "\V. SANFORD, Chairman.
Two hundred copies of the foregoing report were ordered to be printed for the use of the Senate.

On motion of Mr. Brand, the amendment of the House to the bill of the Senate to regulate the sale of domestic wines in the towns and cities of this State was taken up and concurred in.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act to consolidate, amend, and codify the several acts incorporating the city of Forsyth, etc., and for other purposes.

Proof of legal notice was submitted.

The report was agreed to.

--41/~

The bill was read the third time and ~ed-yeas 24,

nays 0.

The Renate took up the report of the Special.Judiciary Committee on the bill of the House to provide for the appointment of a clerk of the county court of Effingham county.
The report was agreed to.

534

JouRNAL oF THE SENATE.

The bill was read the third time and paesed-yeas 23, nays 0.

The Senate, on motion, adjourned until 7:30 o'clock P.M.

7:30 O'cLocK P. M.
The Senate met pursuant to adjournment, the President in the chair.
The roll-call was, on motion, dispensed with.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to establish new terms and to regulate the practice of filing, returning, and trying new cases in the city court of Richmond 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-yeas 2:3, nays 0.

The Senate took up the report of the Committee on Cor-

porations on the bill of the House to authorize the city of

Augusta to extend a ditch beyond the corporate limits, and

for other purposes.



Proof ~f.~~~notice was submitted. The repo~s agreed to.

The bill was read the third time and passed-yeas 23, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House fixing: the pay of clerks of general elections in Pierce county, and for other purposes.

WEDNESDAY, DECEMBER 11, 1895.

535

Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 24, "llays 0.

At the hour of 8 o'clock P. M. the President announced that the time had arrived for the two Houses to meet in joint session.
Whereupon, 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, causing the Secretary to read the resolution under which the two Houses were convened in joint session, viz.:
A resolution inviting the Hon. F. G. duBignon to address the General Assembly on the political issues of .the day.
Mr. duBignon was then introduced by the President and proceeded with his address, at the close of which the joint session was dissolved.
The Senate withdrew to the Senate chamber, and being ~ailed to order by the President, adjourned, on motion, .until 9:30 o'clock A. M. to-morrow.

SENATE CHAMBER, ATLANTA, GEORGIA.
Wednesday, December 11, 1895, 9:30 O'clock A.M.
The Senate met pursuant to adjournment, the President :in the chair.
Prayer was offered by the Chaplain of the House.

536

JOURNAL OF THE SENATE.

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

Brougb,ton, Bush, Bussey, Boyd, Brand, Brown, Harris of the 3d, Harris of the 12th, Harris of the 22d, Harrison, Keen; Lewis,

Long, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity, Norman, Osborne, Ryals, Shtlppard,

Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wade, Whitley, Mr. President.

Those absent were Messrs.-

Beeks, Cumming, Craigo,

Johnson, Morton, McClure,

Roberts, Wilcox, Williams.

Mr. Harris, chairman of the Committee on Journals, reported the Journal correct. The reading of the same was~ on motion, dispensed with.

Mr. Wilson ga~e notice of his intention to move a reconsideration of so much of the Journal as relates to the failure of the Senate to pass a House bill securing certain earnings of the wife to her own use, free from the debts of her husband, the consideration of which was deferred for the present.

The amendments of the House to the bill of the Senate to provide that a master may not contract with a servant exempting him from liability to the servant for injuries sustained through his negligence, were concurred in.

The senate took up the report of the Committee on Banks on the bill of the House to amend an act, approved October 21, 1891, prescribing the method of granting: charters for banking companies.

WEDNEsDAY, DECEMBER 11, 1895.

537

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-yeas 25~ nays 0.

Mr. Broughton submitted the following report:
Mr. President:
The Committee on Agriculture have had under consideration the. following House bill, by Mr. Gray of Houston,. to wit:
To prevent the procurement of consignments of farm,. orchard, and dairy pro,ducts to parties who fail to aceount to the rightful owner of such products for the proceeds arising from the sale thereof, and they instruct me t~ report the same back to the Senate, with the recommendation that the same do pass.
Respectfully submitted. WM. A. BROUGHTON, Chairman.

The bill of the House to prohibit the levying and collecting by any incorporate city, town, or village in this State of any license or tax on any traveling salesman,. and for other purposes, which was taken up for a third reading, was laid on the table.
The amendment of the House to the bill of the Senate to amend section 4721 of the Code was amended, on motion of Mr. Brand, as follows:
Amend the House amendment by adding at the end thereof the words : " Said arresting officer being hereby, empowered to hold or imprison the defendant long enougn to enable him to get ready to carry the prisoner off."

.538

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 fix the time for holding the courts in the various counties, imd for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 29, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House to regulate practice in the various courts of this State.
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 -yeas 30, nays 0.

The Senate took up the report of the Committee on Military Affairs on the bill of the House for the better ()rganization, discipline, and regulation of the volunteer forces of the State, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 23, nays 0.

Mr. Lewis, chairman of the Committee on Finance, submitted the following report :
Mr. President :
The Committee on Finance have had under consideration the following House bills, which they direct me to report, with recommendation that the same do pass, to wit:
A bill to appropriate $1,400 to the Georgia School for the Deaf, and for other purposes.

"WEDNESDAY, DECEMBER 11, 1895.

539

A bill to make an appropriation for an arithmometer " and a Smith Premier typewriter for the treasury department of the State of Georgia.
Also, a bill to amend the general tai act for 1895 and 1896, and for other purpobeR.

The committee also recomptend that the following House resolutions do pass, to wit:
A resolution to appropriate the sum of fifty dollars to pay the pension of W. C. Shore of Habersham county. ,
Also, a resolution to pay Mrs. Arthenia A. Sailors, widow of Jno. B. Sailors, fifty dollars, one year's pension due Jno. B. Sailors at the time of his death, and for other purposes.
Also, a resolution to purchase a portrait ot the Hon. Robert Toombs.
Also, a resolution to pay the widow of R. I. G. Blake -of Dade county the pension due her husband for the year 1893.
Also, a resolution appropriating one hundred dollars to pay expenses of the Special Investigating Committee.
Also, a resolution to make an appropriation to pay the -clerk of the Committee on Privilege!! and Elections sitting .during recess.
Also, a resolution to provide for the payment of one .additional doorkeeper of the Senate for the session of 1895, .and to make an appropriation therefor.
The committee also recommend that the following House resolution do pass as amended, to wit:
A resolution to pay M. A. Hardin, clerk, and C. S. Northern, assistant secretary, for preparing and mailing a

540

JouRNAL OF THE SENATE.

statement of the business to each member of the General Assembly.
Respectfully submitted. E. B. LEWIS, Chairman.

On motion of Mr. Brand, the Senate took from the table and put upon its passage the bill of the House to amend an act to incorporate the town of Locust Grove, in Henry county.
This- bill was ready for the question of its passage, the report having been agreed to and the bill read the third time. It was passed this day by a vote of yeas 26, nays 0.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. Pre-Sident:
The House has adopted the following resolution of the Hoase, to wit:
A resolution authorizing the Governor to accept certain historical publications from General James D. McBride.
The House has also passed the following Senate bills, to wit:
A bill to amend an act to regulate the leasing of penitentiary convicts.
Also, a bill to empower the commissioners of roads and revenues of Chatham county to acquire by purchase or condemnation any road in said county.
Also, a bill to prohibit camp-hunting in Dade county.
Also, a bill to provide for a board of cqmruissioners of roads and revenues for Lumpkin county.
Also, a bill to amend an act incorporating the town of Kingston.

WEDNESDAY, DECEMBER 11, 1895.

541

.Also, a bill to recharter the town of Elberton. Also, a bill to revise the charter 6f the town of Bruton. Also, the following bill, with an amendment, in which the concurrence of the Senate was asked, to wit: A bill to amend the charter of the city of Macon.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of Hapevil1e.
Proof of le~Zftl notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 32, nays 0.

The Senate took up the report of the Genera] Judiciary Committee on the bill of the House to prohibit the operation of opium joints in this Stat~.
The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.

The Senate took up the report of the General Judiciary - Committee on the bill of the House to amend an act,
approved October 19, 1891, entitled an act to establish city courts in counties having a population of. fifteen thousand or more, etc., and for other purposes.
The report was agreed to.
The bi11 was read the third time and passed-yeas 32, nays 0.

The Senate took up the report of the Committee on

542

JOURNAL OF THE SENATE.

General Judiciary on the bill of the House to amend an act fixing the time for holding superior courts in the various counties composing the Rome circuit, etc., and for other pur~oses.
The report, which was favorable, was amended, on motion of Mr. Lumpkin, as follows:
Amend section 1 of the bill by inserting in lieu of the .words in said section 1, "beginning with the first day of .June, 1896," wherever the same appears, and inserting in lieu thereof the words "beginning iTo mediately upon the passage and, approval of this act."
The report, as amended, was agreed to.
The bill was read the third time and. passed-yeas 28, nays 0.

The Senate took up the report of the Committee on Agriculture on the bill of the House to regulate the sale of milk, butter, and cheese, and for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.

The motion of Mr. Wilson to reconsider the lost bill of the House to secure the separate earnings of married women against the debts of their husbands did not prevail.

The Senate took up the report of the Finance Committee on the bill of the House to appropriate money to the State Lunatic Asylum, and for other purposes.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

WEDNESDAY, DECEMBER ~1, 1895.

543

-Those voting in the affirmative wer~ Messrs.-

Beeks, Broughton, Bush, Bussey, Brown, Cumming, Cra!go, Harris of the 12th, Harris of the 22d, Harrison, Keen, Lewis,

Long, Little, Lumpkin, McMillan, Mercer, Monro, Morton, McGarrity, McClure, Norman, Ryals,

Roberts, Storey, Sanford, Snead, Sharpe, Starr, Tatum, Upchurch Wilcox, Wade, Williams.

Those not voting were Messrs.-

Boyd, Brand, Harris of the 3d, Johnson,

McGregor, Osborne, Sheppard,

Wilson, Whitley, Mr. President.

Yeas 34. Not voting 10.

So the bill was passed by a constitutional majority.

The Senate took up the report.of the Finance Committee on the bill of the House to appropriate $1,400 to the Georgia School for the Deaf, etc.

The report was agreed to. The bill was read .the third time, and o~ the question of its passage, the yeas and nays were recorded.

Those voting in the affirmative were Mes.-;rs.-

Beeks, Broughton, Bush, Bussey, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Lewis, Lon)!, Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity, McClure, Norman,

Ryals, RobertEr, Storey, Sanford, Snead, Sharpe, Tatum, Wilcox, Wade, Williams.

.544

JOURNAL OF THE SENATE

Those not voting. were Messrs.-

Boyd, Brand, Brown, Harris of the 3d,

Morton, Osborne, Sheppard, Starr,

Upchurch,
'V"ilson, Whitley, Mr. President.

Y eus 32. Not voting 12.

So the bill passed by a constitutional majority.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act entitled an act to provide for the appointment ofauditor, etc., .and for other purposes.
The report, which was favorable, was amended on motion of Mr. Cumming, as follows:
1. Amend by inserting after the word "fact, " in the seventh line, third paragraph, the following: "and equity ~ases by the jury when approved by the judge."
2. Amend by inserting the word "law" after the word "'.all" in the fourth line, third paragraph.
3. In the fourth line of section 3 strike out the words "''except in equitable proceedings."
. . The report, as amended, was agreed to.
The bill was read the third time and passed as amendedyeas 30, nays 0.
The amendments of the House to the bill of the Senate to amend the charter of the city of Macon, etc., were taken up and concurred in.
Mr. Wilcox, chairman of the Committee on the State of the Republic, submitted the following report:
Mr. P1'esident :
The committee on the State of the Republic have had under consideration the following resolution, which they

WEDNESDAY, DECEMBER 11, 1895.

545

direct me to report to the Senate, with the recommendation that the same do pass, to wit:
House resolution No. 31, by Mr. Hurst of Walton, eondemning any movement looking to a union of church and State.
Respectfully submitted. GEORGE K. WILcox, Chairman.

Mr. M~rcer, chairman of the Engrossing Committee, submitted the following report:
Mr. President:
The Committee on Engrossing have examined the following Senate resolution and direct me to report the same properly engrossed and ready to be transmitted to the House:
A resolution authorizing the Governor to borrow money to supply deficiencies.
Respectfully submitted. J. E. MERCER, Chairman.
The Senate took up the report of the General Judiciary Committee on the bill of the House to prohibit the levying and collecting by any incorporate city, town, or village in this State of any license or tax on any traveling salesman, and for other purposes.
Mr. Roberts offered to amend the report of the committee, as follows:
Amend section 1 by adding the following words after the word "sample'' and before "where" in li!le 8, to wit: "to wholesale or retail merchants." Amend caption by inserting same words after "sample" in line 5 and before "where" in line 6.
On this amendment the yeas and nays were recorded. ass

546

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.

Reeks, Bush, Bussey, Harris of the 22u, Harrison, Lewis,

Lumpkin, McMillan, Mercer, Morton, Ryals, Roberts,

Storey, Ranford, Tatum, Wilson, Wilcox.

Those voting in the negative were Messrs.-

Broughton, Boyd, Brown, Cumming, Harris of the 12th, .Johnson,

Keen, Little, McGregor, Monro, McGarrity, McClure,

Those not voting were Messrs.-

Norman, Snead, . Sharpe, Starr, Whitley, Williams.

Braud,
Crai~o,
Harris of the 3d~

L->ng, Osborne, Sheppard,

Upchurch, Wade, Mr. President.

Yeas 17. Nays 18. Not voting 9.

So the amendment was lost.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

:Broughton, Boyd, Brand, Brown, Cumming, Harris of the 12th1 Johnson,

Keen, Little, McGregor, Monro, McGarrity, McClure, Norman,

Ryals, Snead, Sharpe, Starr, Tatum, Whitley, Williams.

Those voting in the negative were Messrs.-

Beeks, Bussey, Harris of the 22d, Harrison, Lewis,

Long, Lumpkin, McMillan, Mercer, Morton,

Roberts, Storey, R."nford, \Vilson, Wilcox.

WEDNESDAY, ~ECEMBER 11, 1895.

547

Those not voting were Messrs.-

<Jrai~o,
Bush, Harris of the 3d,

Osborne, Sheppard, Upchurch,

WadE', Mr. President.

Yeas 21. Nays 15. Not voting 8.

So the bill was lost.

The Senate took up the report o.f the Special Judiciary Committee on the resolution of the House for the relief of John M. Williams of Catoosa county.
Proof of legal notice was submitted.
The report was agreed to.
The resolution was read the third time and concurred in yeas 29, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the town of Shellman.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 25, nays 0.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
M1. President : The House has concurred in the Senate amendments to
the following House bills: A bill to reincorporate the town of Moultrie as the city
-()[ Moultrie. Also, a bill to amend section 943(a) of the Code, ad~ing
Blackshear to list of State depositories.

548

JoURNAL OF THE SENATE.

Also, a bill to fix and define the liabilities of receivers,. truf(tees, assignees, and other persons operating railroads inthis Stat~.
Also, a bill appropriating $500.00 to paint the dome and repair the roof of the State capitol.
Also, a bill to amend section 534 of the Code, allowing-. Confederate soldiers to peddle without license.
Also, a bill to amend section 3888 of the Code of 1882.
Also, a bill to establish a new charter for the town of" Statham, in Jackson county.
Also, a bill to amend section 6 of an act amending paragraph 1, section I, article 7 of the Constitution, providing pension for ex-Confederate soldiers.
The House has refused t0 concur in the Senate amendment to the following resolution of the House, to wit:
A resolution to pay the per diem and expenses of joint committee to examine the work of Code commissioners..
The House concurs in the first and second amendments and amends the third amendment of the Senate to the following bill of the House, to wit :
A bill to appropriate to the State University $25,000 fo1 constructing additional buildings and furnishing same.
The House has amended the Senate amendment to the following bill of the House, to wit :
A bill to vest the management of jails in the control of the commiss:oners of roads and revenues.
The House has adopted the following resolution: A resolution instructing the fish commissio;:~ers to inspect the fishway at Augusta.

The Senate took up the report of the Special ,Judiciary

WEDNESDAY, DECEMBER 11, 1895.

b49

-committee on the bill of the House to remove all obstructions from the running streams of Madison county.
Proof of legal notice was submitted. The report was agreed to.
The bill was read the third time and passed-yeas 27, nays 0.

The Senate took up the report of the Committee on Temperance on the bill of the House to amend an act to prohibit the sale of intoxicating liquors within certain limits .Qf the depot on the Atlanta and Richmond Air Line Railroad at Duluth.
Proof oflegal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the Union Loan and Trust Company.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 24, nays 0.

On motion of Mr. Roberts, the Senate adhered to the amendment to appropriate $5,000 to the School of Technology, affixed to a bill to appropriat $25,000 R>r the State No1mal and Industrial School, etc., and requested a Committee of Conference on the disagreement ~f the two Row;es.
As the Committee of Conference on the part of the Sen-

550

JOURNAL OF THE SENATE.

ate, the President appointed Messrs. Harris of the Twentysecond district, Lewis, Starr, Roberts, and Beeks.

Mr. Harris, of the Twenty-second district, moved that the Senate insist on its amendment to the bill of the House to appropriate money to pay the committee to examine the work of the Code commissioners, and asked a Committee of Conference thereon.
The same committee was appoi.nted on the part of the Senate.

The Senate took up the report of the Committee on Corporations on the bill of the House to establish a board of road commissioners for Lumpkin 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-yeas 26,. nays 0.

The Senate took up the report of the Committee on Agriculture on the bill of the House to compel all persons who sell, or offer to sell, in the county of Liberty, any beef, pork, or mutton, to exhibit the ears of the animal killed, etc., and for other purposes.
Proof of leg-.tl notice was submitted.
The report was agreed to.
The bill was read the third time and .passed-yeas 2i,. nays'O.

On motion of Mr. Harris of the Twenty-second district. the bill of the House to place all jails, etc., il'l the control of the commissioners of roads and revenues was recommitted to the General Judiciary Committee.

WEDNESDAY, DECEMBER 11, 1895.

551

The Senate took up the report of the Committee on Education on the bill of the House to authorize the mayor and council of the town of Clarkesville to issue bonds, 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-yeas 25, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to create a board of commissioners of roads and revenues in the county of Habersham.
Proof of legal notice was submitted.
The report was agreed to.
The biil was read the third time and passed yeas 24, nays 0.

The Senate took up the report of the Committee on Agriculture on the bill of the House to prevent the procurement of consignments of farm, orchard, and dairy products to irresponsible parties.
The report was agreed to.
The bill was read the third time and passed yeas 29, nays 0.
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 in Pulaski county.
The repot;; was agreed to. The bill was read the third time and passed--yeas 24, nays 0.

552

JouRNAL OF THE SENATE.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to fix the compensation of the two bailiffs of the second division of the city court of Atlanta.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed--yeas 26, nays 0.

The Senate took up the report of the Temperance Committee on the hili of the House to amend an act to amend an act to prohibit the sale of spirituous liquors at Trion Factory, 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-yeas 27, nays 1.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the various acts chartering the town of Conyers, etc.
Proof of legal notice was submitteJ.
The report was agreed to.
The bill was read the third time and passed--yeas 23, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to prohibit the manufacture of any kind of spirituous or intoxicating liquors, except domestic wines, in the county qf Coweta.
Proof of legal notice was submitted.
The report was agreed to.

WE~NESDAY, DECEMBER 11, 1895.

553

The bill was read the third time and passed-yeas 29, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to fix the official bond of the receiver of tax returns in Bibb county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 25, nays 0.

The Senate took npthe report of the C01ilmittee on Temperance on the bill of the House to amend an act to prohibit. the sale of intoxicating liquors in the county of Habersham, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed -yeas 29, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to amend the charter of the Title Guarantee and Loan Company of Savannah.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 25, nays 0.
The. Senate took up on the report of the Committee on Military Affairs on the bill of the House to require all infantry- and cavalry companies of the Georgia volunteers and Georgia volunteers, colored, to be attached to one of the present existing regiments or battalions of the State, and for other purposes.

554

JouRNAL OF THE SENATE.

The report was agreed to.
The bill was read the third time and passed-yeas 27 ~ nays 0.

The Senate took up the report of the Finance Committee on the resolution of the House to pay Geo. B. Whitaker back pensions for the years 189:3 and 1894.

The report was agreed to.

The resolution was read the third time, and on the question of concurring therein, the yeas and nays were recorded~

Those voting in the affirmative were Messrs.-

Beeks,, Broughton, Bush, Brand, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Johnson, Keen,
Lewi~,

Long, Little, Lumpkin, l\lcl\fillan, Mercer, McGregor, Monro, Morton, McGarrity, Ot!borne, Ryals,

Robert.", Sanford, Snead, Sharpe, Starr, Tatum, Upchurch, Wilson, Wilcox, Wade, Williams.

Those not voting were Messre.-

Bnssey, Boyd, Brown, Harris of the 3d,

Harrison, McClure, Norman, Sheppard,

Storey, Whitley, Mr. President.

Yeas 33. Nays 0. Not voting 11.

So the resolution was concurred in.

The Senate took up the report of the General .Tudiciary Committee on the bill of the House to make penal the offense of hindering, obstructing, or interfering with officers charged with the duty of executing the sentence or order of court after trial of persons charged with crimes.

WEDNESDAY, DECEMBER 11, 1895.

555

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 pa~sedas amendedyeas 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 Jakin, in Early county, etc.
Proof of legal notice submittecl.
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 amendedyeas 25, nays 0.
The Senate, on motion, adjourned until 3 o'clock P. M~

3 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President pro tern. in the chair.
The 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 to incorporate the town of Graysville, in the county of Catoosa~
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 26,. nays 0.
The following message was received from the Housethrough Mr. Hardin, the Clerk thereof:

.556

JouRNAL oF THE SENATE.

1tir. Pre.'!ident:
The House has concurred in the fi1llowing resolution of the Senate as amended, to wit:
A resolution t9 authorize the President of the Senate, Speaker of the House, Secretary of the Senate, Cletk of the House, and chairmen of the Enrolling and Auditing Committees, and certain members of said committees to remain iive days after adjournment.

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

llfr. P1esident:

The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the ~euate, with the recommendation that they do pass, to wit:

Honse bill No. 493, by Mr. Fouche of Floyd, to provide who may redeem real estate sold at tax-sales.

Also, House bill No. 718, by Mr. Battle of Muscogee, to provide for official surveys of the Western. and Atlantic Railroad, etc.

They have also had under consideration House bill No. 3!Jl'l, by Mr. Mell of Clarke, to amend an act E:ntitled an, .act to establish a city court in the county of Clarke, etc.,, which they direct me to report to the Senate, with the recommendation that it do pass as amerided.

Also, house bill No. 136, by Mr. Branan of Fulton, to

vest the management and care of all jails and all petsons

confined therein under the control of the cnunty commis-

sioners, which they direct me to report to the Senate, with

the recommendation that the amendments of the House be

.concurred in.

Respectfully submitted.

N. E. HARRIS, Chairman.

WEDNESDAY, DECEMBER 11, 1895..

557

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President :
The House has adopted the following resolution:
A. resolution instructing the Senate and requesting the representatives of Georgia, in Congress, to use their influence to establish a new department of the general government to be known as the department of commtlrce.
The House has also passed the following Senate bill :
A. bill to adopt and make of force the new Code of laws to be prepared under the Code commissioners.
Also, a bill to amend an ar.t to establish a school for colored persons as a branch of the University.
The House has amended the Senate amendment to the following bill of the House, to wit:
A. bill to amend the general railroad laws of this State.

The Senate took up the report of the .Finance Committee on the resolution of the House for the relief of Jane Sanders.

The report was agreed to.

The resolution was read the third time, ~md on the question of concmring therein, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Broughton, Brand, Brown, Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, -Keen,

Long, Lumpkin, McMillan, 1\Iercer, McGregor, Monro, McGarrity, McClure, Norman,

Ryals, Sanford, Snead, Sharpe, Starr, Tatum, Wilcox, Wade, Whitley.

~568

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

'Beeks, Bush,
~ussey,
Boyd, Harris of the 3d, Lewis,

Little, Morton, Osborne, Roberts, Sheppard,

Storey Upchurch, Wilson Williams, Mr. President.

Yeas 28. Not voting 16.

So the resolution was concurred in.

Mr. Little, chairman on the part of the Senate committee, submitted the following report of the joint committee to investigate the obstructions in the Savannah river at Augusta:
Mr. P1esident:
Article 2 of the treaty of Beaufort, entered into between the State of Georgia and South Carolina, in 1887, is .as follows:
\
1. The navigation of the river Savannah at and from the bar and mouth along the northeast side of Cockspur Island and up the direct course of the main northern channel along the northern side of Hutcherson's Island opposite the town of Savannah to the upper end of said island, .and from thence hp the bed or principal stream of the said river to the confluence of the rivers Tugalo and Keowee, .and from the confluence up the channel of the most north~rn stream of Tulago river to its source and backing in by the same channel to the Atlantic Ocean, is hereby declared henceforth equally free to the citizens of both States and -exempt from all dutief', tolls, hindrance, interruption, and molestation whatsoever attempted to be enforced by one State on the citizens Qf another, and all the rest of the river Savannah to the southward of the foregoing description, is .acknowledged to be the exclusive right of the State of Georgia.

WEDNESDAy, DECEMBER 11, 1895.

559

2. As to whether the obstructions in the Savannah river at Augusta are in violation of said treaty, the committee do not determine, the quest_ion being one involving the construction of said treaty and the legislative enactment-s passed at difterent times by the two States.
3. A few years ago the city authorities of Augusta placed in said dam a fishway known as the McDonald fishway near the South Carolina side, the same being placed in an opening in the dam about 12 feet wide, and said fishway being about 10! feet wide.
4. It is feasible for fish to pass up said fishway if the same is kept in good condition and fishing is not allowed with nets or otherwise within a reasonablE~ distance of said fishway above and below the same. The committee are unable to determine whether one fishway is sufficiently adeq nate or not.
5. The committee believe that the authorities of Augusta are willing to do anything that may be reasonably required of them to remedy the evil complained of.
6. The committee recommend the enactment of such Jaws as will prevent the obstruction of migration of fish below Augusta and the periodical inspection of fishways in the dam at Augusta by the State fish commission, with a view of ascertaining that it be kept adequate to effect the p~age of migrating fi~h up the waters of the Savannah river; and in the event the l;8id fish commissioner at any time finda the fishway now in use inadequate to effect the passage of fish, that he report the same to the Governor. The Governor, in that event, being authorized to negotiate with the city authorities of Augusta with reference to the construction of additional fish ways, and report the result of such negotiation to the next General Assembly.
We further recommend that the said fish commissioner

560

JOURNAL OF THE SENATE.

report to the next General Assembly such legislation as he may deem necessary to secure the free passage of fish up the Savannah river
Respectfully submitted. A. G. McCuRRY, D. G~ FOGARTY,
w. A. DODSON,
Committee on part of House.
w. R. LITTI,E,
CLAIBORNE SNEED, Committee on part of Senate.
The foregoing report was, on motion, adopted.

Mr. Osborne, chairman of the Committee on Railroads, submitted the following report:
Mr. President:
The Railroad Committee have had under consideration the following House bill, which they direct me to report, with the recommendation that the same he returned to the House in order that the author be allowed to withdraw the same.
A bill to be entitled an act to repeal an act granting right of way to the Cincinnati Southern Railway where its route adjoins that ~f the Western and Atlantic Railroad.
Respectfully submitted,
,V. W. OsBORNE, Chairman.

The Senate took up the report of the Special Judiciary Committee on the bill ()f the House to establish a system of free schools for the town of Trion, etc.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 29, nays 0.

WEDNESDAY, DECEMBER lis 1895.

561

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Jfr. President:
In accordance with the request of the Senate the House has agreed to a Committee of Conference upon the following bills of the House, to wit:
A. bill to appropriate $25,000 to be used in the construction of additional buildings and furnishing same for the Georgia Normal and Industrial College.
The committee on the part of the House are Messrs. Redding, Blalock of Oglethorpe, Caldwell, Dennard, and Humphreys.
Also, a bill to pay the per diem and expenses of joint committee to examine the work of Coile commissioners.
The committee on the part of the House for the above bill are Messrs. Reagan, West, Caldwell~ Jarrell, and Bennett.
The House has concurred in the Senate amendments to the following bill of the House, to wit:
A bill to amend an act prescribing the method of granting charters to banking companies.
The House has also passed the following Senate bill, to wit:
A bill to provide for service by publication in certain cases.
The House has also concurred in the following resolution of the Senate, to wit:
.A. resolution for relief of the South Brunswick Terminal Railroad Company.
Mr. Harris, chairman of the Committee on House resolution No. 117, submitted the folLwing report:
368

562

JOURNAL OF THE SENATE.

Mr. President:

The Conference Committee have agreed to recommend to the Senate and House respectively that the amount of expenses to be allowed to the joint committee on the ex-

amination of the Code shall be fixed at forty dollars each,

and they recommend the adoption of the same as an

amendment to the resolution aforesaid.

Respectfully submitted.

N. E. HARRIS, Chairman. E. B. LEWIS,
w. c. BEEKS,
RuFus N. RoBERTs,

TRAMMELL STARR,
Committee,

The foregoing report of the Committee of Conference was, on motion, adopted.

Mr. Harris, chairman on the part of the Senate on the difference of the two Houses in regard to an appropriation of $5,000.00 to the School of Teehnology, reported a failure of the Conference Committee to agree, and moved the appointment of another Committee of Conference on said disagreement.
The President appointed the same committee.

The Senate took up the report of the Finance Committee on the resolution of the House to pay M. A. Hardin and Chas. S. Northeu for preparing and mailing a statement of the business to each member of the General Assembly.
The committee reported in favor of concurring therein, with an amendment, which was adopted, and the report was .agreed to.
The resolution, as amended, was read the third time,

WEDNESDAY, DECEMBER 11, 1895.

563

.and on the question of concurring in the resolution as .amended, the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, .Bussey, Brand, Cumming, Craigo, Harris of the 22d, Harrison, .Johnson,

Lewi!!, Long, Little, Lumpkin, Mercer, McGrt>gor, Monro, McClure, Norman,

Ryals, Hheppard, Snead, Sharpe, Starr Wilon, Wilcox, Wade, Williams.

Those not voting were Messrs.:--

Bush, Boyd, Brown, Harris of the 3d, Harris of the 12th, .Keen,

McMillan, Morton, McGarrity, Osborne, Roberts, Storey,

Sanford, Tatum, Upchurch, Whitley, Mr. Presi.dent.

Yeas 27. Not voting 17.

So the resolution was efmcurred in as amended.

The Senate took up the report of the Special Judiciary -committee on the bill of the House to amend an act to -ereate a board of commissioners of roads and revenues in the county of Wilcox.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.

The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. P1esident:
The House has passed the following hill of the Senate hy substitute, to wit:

564

JOURNAL OF THE SENATE.

A bill to provide for the protection of the county reservein the city of Macon, to declare certain intrusions penal.
The House has also passed the following bills of the Senate, to wit :
A bill to amend an act to establish a board of medicaL examiners for this State.
The House has also agreed to the following resolution. of the Senate, to wit :
A resolution to authorize the Governor to borrow money to supply deficiencies.

Mr. Sanford, chairman of the Penitentiary Committee,. submitted the following report :
Mr. President :
The Committee on Penitentiary have had under consideration House bill No. 139, by Mr. Armstrong of Wilkes,. entitled a bill to be entitled an act to provide for the inspection or misdemeanor convicts, which they instruct me to report back, with the recommendation that it do pass by subEtitute.
Respectfully submitted. B. W. SANFORD, Chairman.

On motion of Mr. Roberts, the Secretary was directed to inform the House that the Committee of Conference on the differences of the two Houses relative to the amendments. to House bill appropriating money to the State Normal and Industrial College, which amendment appropriates $5,000 to the Technological School, had failed to agree and to return the bill to the House, with the request that another Committee of Conference be appointed.
On motion of Mr. Harris of the Twenty-second district, the Senate refused to concur in the amendment ofthe

WEDNE~DAY, DECEMBER ::1, 189fi.

565

House providing for bringing up the unfinished business of the present session.

The SenatP. took up the report of the Committee on Education on the bill of the House to establish a public school .system for the town ofWadley.
Proof of legal notice was submitted. The report was agreed to.
The. bill was read the third time and passed-yeas 23, nays 0.

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

Mr. President:

The General Judiciary Committee ha\e had under con-

sideration House bill No. 604," by Mr. Little of Muscogee,

to amend section 1H55 of the Code of 1882, so as to change

the number of commissioners in lunacy cases, etc., which

they direct me to report to the Senate, with the recommen-

-dation that it do pass.

-

Also, House bill No. 518, by Mr. Farmer of Coweta, to allow affidavits to foreclose liens to he made before offi-cers authorized to administer oaths generally, etc., which they direct me to report, with the recommendation that it -do pass as amended.
Respectfully submitted. N. E. HARRIS, Chairman.

The Senate took up the report of the General Judiciary Committee on the bill of the House to allow affidavits to foreclose liens to be made before any officer authorized to administer oaths, and for other purposes.
The committee repor.ted in favor of its passage with an ..amendment, which was adopted, and report was agreed to.

566

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on thePenitentiary on the reconsidered bill of th~ House to provide for the inspection of misdemeanor convicts.
The committee reported in favor of its passage by sub-stitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended by substitute-yeas 30, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the !House to create a board of commissioners of roads and revenues for the county of Coffee.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 27,_ tiays 0.

The Senate took up the report of the Committee on Ed-ucation on the bill of the House to amend an act approved November 26, 1890, to establish a school for colored people in this State.
The committee reported in favor of its passage with an amendment, which was adopted, and report was agreed t{).
The bill was read the third time and passed as amended-yeas 26, nays 0.

The Senate, on motion, adjourned until 7 o'clock P.M.

7 O'CLOCK P. M.
The Senate met pursuant to adjournment, the President: in the chair.
The roll-call was, on motion, dispensed with.

WEDNESDAY, DECEMBER 11, 1895.

567

The Senate took up the report of the Special Judiciary Committee on the bill of the House to create a board of county commissioners for Fannin 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-yeas 23, nays 0.

The Senate took up the report of the Finance Committee on the bill of the House to amend the general tax act of 1895 and 1896, approved December, 1894, etc.
The report was agreed 0
The bill was read the third time and p~ssed-yeas 23, nays 0.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to create a board of commissioners of roads and revenues for Fannin county.
Proof of legal notice was submitted. The report was agreed to. The bill was read the third time and passed-yeas 24, nays 0.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
Mr. President: The House has passed the following bills of the Senate
as amended, to wit: A bill to define the rights and privileges of foreign
trustees and guardians in this State.

568

JoURNAL OF THE SENATE.

Also, a bill to authorize the Governor to relinquish all claims of the State to the Blue Ridge and Atlantic Railroad ..
The House has indefinitely postponed the following bill of the Senate, to wit:
A bill to repeal paragraphs 8 and 9 of section 1 of article 5 of the Constitution, to provide for a lieutenantgovernor.
The House has agreed to the following resolution of the Senate, to wit:
A resolution asking an appropriation from the government for a roadway from Atlanta to :McPherson Barracks.
The Honse has adopted t:1e following resolution:
A resolution to appoint a joint committee on adjournment.
The House refuses to concur in the Senate amendments to the following bill of the Honse :
A bill to amend an act providing for pensions for Confederate soldiers.

On motion of Mr. Starr, the Senate insisted on its amendment to amend an act providing for pensions for Confederate soldiers, and asked a Committee of Conference thereon.
The President pro tern. appointed as said committee Messrs. Lewis, Starr, Harris of the Twenty-second district, Roberts, and Lumpkin.
Mr. President:
The following members of the Conference Committee on the part of the Senate and House in reference to amendment of House bill No. 321, appropriating $5,000 to the

WEDNESDAY, DECEMBER 11, 1895.

569

Technological School, beg l{)ave to report that the Senate

recedes from its amendment.

Respectfully submitted.

w. c. BEEKS,
R. W. RoBERTS, E. B. LEWIS,

TRAMMELL STARR,

Committee.

On motion of Mr. Starr, the House amendment to the bill of the Senate to define the rights and privileges of for-eign trustees and guardians in this State was taken up and -concurred in.

The Senate took up a resolution of the House to appoint a joint committee on adjournment, and concurred therein.
The President appointed as the committee on the part .of the Senate, Messrs. Harrison and Beeks.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Pinehurst, in Dooly county.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 28, nays 0.

The Senate took up the report of the Special ,Judiciary Committee on the bill of the House to amend an act to -create a board of commissioners of roads and revenues in the county of 'Vilcox, and for other purposes.
Proof of legal notice was submitted.
The report was agreed to.
The bill was read the third time and passed-yeas 26, nays 0.

570

JOURNAL OF THE SENATE.

The Senate took up the report of the Committee on Finance on the resolution of the House to relieve the Atlanta !lnd Chattahoochee Railway Company and the Collins Park and Belt Railway Company from penalty for not returning taxes.
Proof of legal notice was submitted.
The bill was read the third time, and on the question of "concurring therein, the yeas were 26, nays 0.
So the resolution was concurred in.

The resolution of the House instructing the Senators and Representatives of Georgia to use their influence in Congress to establish a new department of the general government, to be known as the department of commerce, was read and adopted.

The Senate took up the report of the Special Judiciary Committee on the bill of the House to abolish the city court of Laurens county.
Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were demanded and recorded :

Those voting in the affirmative were Messrs.-

Boyd, Brown, Cumming, Harris of the 12th, Johnson, Keen,

Mercer, McGregor, McGarrity, McClure, Norman,

Storey, Snead, Sharpe, Tatum, Wilson.

Those voting in the negative were Messrs.-

Beeks, Bussey, Brand,

Harrison, Little,

Wilcox, Wade.

WEDNESDAY, DECEMBER 11, 1895.

571

Those not voting were Messrs.-

Broughton,

Bush,

Craigo,

Harris of the 3d,

Harris uf the 22d,

Lewis,



.Lon~!:,

Lumpkin, McMillan, Monro, Morton, Osborne, Ryals, Roberts,

Sheppard, Sanford, Starr, Upchurch, Whitley, Williams, Mr. President

Yeas 16. Nays 7. Not voting 21.

So the bi1l was lost.

The following communication was received from his Excellency, the Governor, through Mr. Warren, his Secretary~ to wit:
Mr. Pre8ident:
I am directed by the Governor to deliver to the Senate a sealed communication to which he respectfully invites theconsideration of your honorable body in executive session.
The Senate; on motion, went into executive session, and returned to open session.

The Senate took up the report of the General Judiciary Committee on the bill of the House to amend an act to establish a city court for Clarke county, etc., and for otherpurposes.
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 amendedyeas 24, nays 0.

On motion of Mr. Long, the .Senate refused to concur in

the House amendment to the bill of the Senate to author-

ize the Governor to relinquish all claims of the State to the

Blue Ridge and .Atlantic Railroad, etc.

.

JouRNAL OF THE SENATE.
The amendments of the House to the following bills of the Senate were concurred in, to wit:
A bi11 to provide for the sale or lease of the Northeast~rn Railroad.
Also, a bill to provide for the protecti.on of the cemtery reserve in the city of Macon.
Also, a bill to amend an act, approved November 12, 1889, declaring ineligible to any other municipal office the <>fficers of towns, etc.. during their terms of office.
The amendment of the House to the amendment of the Senate to amend the general railroad law was, on motion, eoncurred in.
Th~ following message was received from the Honse through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has passed the following Senate bill, to wit:
A bill to provide for the sale or lease of the NortheastNil Railway Company.
The House concurred in the Senate amendment to the following resolution of the House, to wit:
A resolution to pay Mr. Hardin, Clerk, Chas. S. Northen, Assistant Secretary of the Senate, for mailing statement of business to members of General Assembly.
The House has passed the following bill of the Senate as amended, to wit:
A bill to amend an act to declare the councilmen and .aldermen ineligible during their term of office to other municipal offices, excepting the offices which are filled by :appointment by the mayor.

WEDNESI!AY, DECEMBER 11, 1895.

573

The House has concurred in the Senate amendments to the following bills of the House, to wit :
A bill to amend section 4721 of the Code, which makes it the duty of the arresting officer to carry the accused to the county where the offense was committed.
.Also, a bill to amend an act fixing the time for holding courts in the Rome judicial circuit.
Also, a bill to amend an act to incorporate the town of Locust Grove.
Also, a bill to regulate the practice in the courts of this State.
Also, a bill to amend an act to provide for the appointment of auditors and prescribe their duties.

The House recedes from its amendment to the following resolution of the Senate, to wit :
A resolution to authorize the President of Senate, Speaker of the House, Secretary of the Senate, and Clerk of the House, Auditing and Enrolling Committees to remain five days after adjournment.

The House has concurred in the Senate amendments to the following bill~ of the House, to wit:
A hill to incorporate the town of Jakin, in Early county.
Also, a bill to allow affidavits to foreclose liens to be made before any officer authorized to administer oaths.
Also, a bill to make penal the offense of hindering au officer in the discharge of duty.

The House has also passed the following bills of the Senate, to wit :
A bill to amend an act authorizing judges, where the

.574

JoURNAL OF THE SENATE

~vidence is vulgar or obscene, to hear and try the cas~ after clearing the courthouse.
Also, a bill to authorize justices of the peace to preside in districts other than their own.

Mr. Osborne, chairman of the Committee on R::tilroads, .submittet:l the following report:
Mr. President:
The Committee on Railroads have had under consideration the following House hill, which they direct me to report, with recommendati~n that the same be returned to the House, that the introducer may be allowed to withdraw the same:
A bill to repeal an act granting right of way to the Cineinnati Southern Railway, where its route adjoins that of the Western and Atlantic Railroad.
Respectfully submitted. W. W. OsBORNE, Chairman.

Mr. Lewis, chairman of the Finance Committee, submitted the following report:.
Mr. President:
The Finance Committee have had under consideration the following House bill, which they direct me to report, with recommendation that the same do pass, to wit:
A bill to provide for and authorize the payment of pen.sions to certain widows, and for other purposes.
The committee also recommend that the following House resolutions do pass, to wit :
A resolution providing for the payment to the city of .Atlanta of the State's proportion of the expenses of paving West Cain street, and for other purposes.

WEDNESDAY, DECEMBER 11, 189b.

575

Also, a resolution to authorize the Governor and Attorney-General to make a final settlement with W. P. McClatchey, of Tennessee, for legal services to the State.
Also, a resolution to pay Thomas R. Daniel and William Bridges their pensions for the years 1893 and 1894.

The committee also recommend that the introducer of the following Senate bill be allowed to withdraw the same, to wit:

A bill to amend section 4 of the act approved December

23, 1884, in reference to funding the public debt, and for

other purposes.

Respectfully submitted.

E. B. LEWIS, Chairman.

It was ordered by the Senate that the bill of the House to repeal an act granting the right of way to the Cincinnati Southern Railway, etc., be returned to the House, that it may be withdrawn by the introducer.

The Senate took up the report of the General Judiciary Committee on the bill of the. House to provide who may redeem real estate sold at tax sales.
The report was agreed to.
The bill was read the third time and los.t, there being yeas 10, nays 18.

The Senate took up the report of the Finance Committee on the bill of the House to provide for and authorize the payment of pensions to certain widows of Confederate soldiers, etc.
The report was agreed to.
The bill was read the third time, and on the question of its passage, the yeas a~d nays were required and recorded.

576

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Brand, Harris of the 12th, Harrison, Long,

Little, Mercer, ::\lorton, McGarrity, McClure, Norman,

Ryals, Sheppard, Snead, Tatum, Wilson, Wade.

Those voting in the negative were Messrs.-

Harris of the 22d, Monro,

Osborne, t:;harpe,

Mr. President.

Those not voting were Messrs.-

Bussey, Boyd, Bro'\\n, Cumming, Craigo, Harris of the 3d, .Johnson,

Keen, Lewis, Lumpkin, McMillan, McGregor, Roberts, Storey,

Ranford, Starr, Upchurch,
'Vilcox, Whitley, Williams.

Yeas 19. ~ays 5. Not voting 20.

So the bill was lost.

The Senate took up the report of the Committee on Banks on the bill of the Ilouse to amend an act to authorize the issuance of circulating notes to the banks and banking institutions ofthis State, etc.
The report, which was favorable, was amended, on motion of Mr. Long, by adding the usual repealing clause.
The report, as amended, was agreed to.
The bill was read the third time and passed as amendedyeas 28, nays 0.

The Senate took up the report on the bill of the House to amend section 185.5 of the Code.
The report was agreed to.

WEDNESDAY, DF..CEMBER 11, 1895.

577

The hill was read the third time and passed-yeas 16, -nays 7.
So the bill was lost.

Mr. Lewis, chairman of the nmference Committee on the part of the Senate to cQnsider' and report on House hili No. 421, submitted the following report:

Mr. President :

The Senate committee has agreed with the House com-

mittee on the following amendment in lieu of the last

-clause of Senate amendment, that the first payment under

this act shall be made the first of January, 1M96, or as near

-thereafter as may he practicable for the year 1896, and

that the second payment shall he made the first of January,

1897, .for the year 1897, or as near thereafter as mQy he

:practicable.

E. B. LEWIS, Chairman.
w. H. LUMPKIN,

R. W. RoBERTS,

TRAMMELL STAR,

N. E. HARRIS,

Committee.

The report was adopted.

The Senate took up the report of the Committee on ~inanQe on the resolution of the House for the relief of the Brunswick Street Railroad Company and its successors,
~tc.

The committee reported iu favor of concurring therein with amendments, which were ado.pted, and the report was .agreed to.

The resolution was read the third time aud concurred in

.as amended-yeas 26, nays 0.

37 8



578

JouRNAL OF THE SENATE.

The Senate, on motion, reconsidered the bill of the House to provide for and authorize the payment of pensions t<> certain widows of Confederate soldiers who are on the Illvalid pension roll, and have died from the effects of theinjuries for which they were pensioned.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Boyd, Brand, Brown, Harris of the 12th, Harrison, Keen,

Lewis, Lumpkin, Mercer, McGregor, Morton, McGarrity, McClure, Norman, Ryals,

Roberts, Sheppard, Storey, Sanford, Starr, Tatum, Wilson, Wilcox.

Those voting 'in the negative were Messrs.-

Bussey, Cumining,

Monro, 0dborne,

Sharpe.

Those not voting were Messrs.-

Craigo, Harris of the 3<1, Harris of the 22d, Johnson, Long,

Little, McMillan, Snead, Upchurch,

Wade, Whitley, Williams, Mr. PrediJent.

Yeas26. Nays 5. Not voting 13.

So the reconsidered bill was passed.

The Senate, on motion, took a recess subject to the call of the_ chair.. After a few moments spent In recess, the &nate was called to order.

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

WEDNESDAY. DECEMBER 11, 1895.

579

_lfr. President:

The House has passed the following bill of the Senate, to wit:
A bill to amend an act permitting Confederat~ soldiers to peddle without a license.

The House has concurred in the report of the Conference

Committee report, and adopted the amendments of the

Senate as amended by said report to the following bill of

~&~~~:

'

A bill to amend an act providing an annual pension for Confederate soldiers, which is House bill No. 421.

The following message was received from the House1

through Mr. Hardin, the Clerk thereof:



Mr. P1esident:

The House has concurred in the Senate amendment t() the following bills of the House, to wit :

A bill to authorize the issuance -of circulating notes to the banks and banking associations of this State.

The House has also passed the following bill of the Senate, to wit:

A bill to amend section 1979 of the Code of 1882.

Also a bill to amend an act to establish a city court m the county of Clarke.

The following message of the Gover~or was taken up,read, and ordered to be spread on the Journal:
Me:mbers of the General Assembly: Since my mes~ge to you at the opening of the present
bession ofyour body there have_ transpired occurrences of

580 .

JouRNAL OF THE SENATE.

so grave a character as to impose upon me the duty of . again sending to you a communication.
Information reached me that there were in Screven county two partieR charged with murder who bad not been arrested, although the sheriff had in his bands a warrant. charging them with the aforesaid offense. These men were reported to be armed and ready to resist any effort that might be made to bring them to trial for the offense charged. I offered a reward of $500 for their arrest, and wrote the sheriff of the county, calling his attention to the fact that it was his duty to arrest them, and requested that he summons a posse comitatus and execute the warrant in his hands. On November the 14th the sheriff wrote me ;, " I summoned a posse of thirty-eight men to meet me this morning. Out of thirty-eight three responded to the summons. I went with the three men and searched the premises, but they could not be found. Where they are I am not able to say, as I could learn nothing from the family."
I am informed that on this day the defendants were seen bird-hunting in the county of Screven.
There is no penalty attached for failure to respond to the summons of a sheriff to act as a posse comitatus.
This statement of facts, without argument, justifies me in recommending:
1. That a law be enacted that will provide a penalty for the failure to obey the summons of a sheriff to act as a posse comitatus.
2. That it be made the duty of the solicitor-general, in every case where he has reason to believe that an arresting officer has failed to make an arrest when it was in his power to do so, to draw a rule nisi against him, so that if the facts on 'trial warrant it, be may be punished as prescribed

WEDXESDAY, DECEMBER II, 1895.

581

in section 3957, to wit: . "Fined, imprisoned, or removed from offiC'e in the manner prescribed by the Constitution and laws."
It is folly to expect the military to turn out and roam through the forest in search of every criminal who evades . arrest. It is the duty of the arresting officers to execute warrants for criminals, and the law-making power should give to them ample power to perform their duty. When this has been done, if any one of them fail, when in his power to 'arrest, he should be punished and promptly discharged.
Government owes to the people no higher duty than the impartial and speedy enforcement of law. The standard of the civilization of a people, the efficiency and character of a government, are determined not by the laws which it enacts, but by those which it enforces.
RECENT LYNCHINGS.
During the present session of the General Assembly there have been reported three lynchings-one in Clinch county, one in Montgomery, and one in Dooly. These savage acts are in violation of the rights of the citizen and 9f the express declaration of the Constitution of the State. I invite your attention to the following, which I take from the Bill of Rights, which is. a part of our Constitution:
Article I, section 1, paragraph 2, Code, section 4994: Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Article 1, section I, paragraph 3, Code, section 4995: No person shall be deprived of life, liberty, or property except by due process of law.
Article 1, section I, paragraph 5, Code, section 4997: . Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel ;

582

J.OURNAL OF THE SENATE.

shall be furnished on demand with a copy of the ac~usation and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him, and shall have a puhlic and speedy trial by an impartial jury.
Article 1, section I, paragraph 9, Code, section 5001: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor . shall any person be abused in being arrested, while under arrest, or in prison.
In spite of these rights guaranteed to every citizen three men have been taken during your present sitting and deprived .of life without trial, without an opportunity to be heard in their own defense-in the language of the Constitution, "Wit.hout due process of law." "\Vhile the Constitution of our State says, "Nor shall any person be abused in being arrested, while under arrest, or in prison," it is true that in each of the cases above referred to, the party murdered by lynchers was actually taken from the custody of the officers of law, who held him to answer the charge . in a court authorized to try and if guilty punish him. The lynchers used the officers of-the law to arrest and disarm their victims, and then topk them from the custody of the law and killed them. This is not only true in these cases, but is, I think, also true of every case of lynching during my term as Governor. In each ca~;e the officers had the defendant in charge and the judges of the courts were ready to do their full duty, grant a speedy trial, and inflict punishment if guilty. There had been no failure on the part of the officers of the law to do their full duty. In one instance the Governor had offered a reward fot the arrest of the defendant, he had been arrested, the reward paid, a special term of court called, the defendant convicted and

WEDNESDAY, DECEMBER 11, 1895.

58:~

~ntenced to be hung in the shortest time allowed by law, and yet he was taken from the sheriff in the court room, in the presence of the court and jury, and lynched.
That you may fully appreciate the enormity of the wrong done by so-called lynch law to the reputation of the State, to civilizat,ion, and to the right.'! of man, I invite you to inquire into each of the recent cases which have moved me
to pen this communication. The conduct of the mob in
~ach case is unjustifiable, disgmceful, and shocking, but in one of them the wrong done was especially horrifying. While engaged in writing this message, there came into my -office, asking that he be accorded a trial in our courts, a man who had fled from an angry mob which endeavored to capture and lynch him.
Mob violence does not aid in suppressing lawlessness, but increases it. One mob begets another mob. If you will note the reported sequence ot the lynching in Montgomery -county, where it is said murder has been added to murder by the killing ofthe father of the girl alleged to have been assaulted by the man who was lynched, you will see to what mob violence will assuredly lead.
We all know of many wrongs it has done and of mistakes it has made in selecting its victims. How many innocent men have been sacrificed by this lawless court can never be known, for it denies its vietims the right to be heard in their own defense, and then closes their mouths forever.
The people can safely entrust the punishment of crime to -<>ur courts. If the men charged with crimes are guilty, they &hould be punished as provided by law, and the courts should and will inflict this penalty.
Men seem to forget that each man who engages in a lynching violates the law against murder, and that the penalty is death upon the gallows.

584

JOURNAL OF THE SENATE,

The arresting officer is now clothed with power to takethe life of his assailants when resisting their efforts to take a prisoner from him, and it is his duty to take the life or the assailants if necessary to protect his prisoner and retain him in custody.

That it ~ay be ascertained whether or not he does hie full duty in this respect in every instance, I recommend the passage of a law requiring a thorough investigation in every case, and providing adequate punishment when he falls short of the full measure of his duty. Existing laws are inadequate to meet the emergency. Other laws should th~refore be enacted to enforce the, Constitution, and to secure to the citizen rights guaranteed in our fundamental law.

If the measures herein and heretofore suggested by me do not meet your apprl)va11 I most earnestly ask that you devise others, and enact them into law. In every effort you may make to stamp out lynchinn, you shall have my hearty co-operation, and every law which you may enact shall be enforced if I am given the power to do so-

The responsibility tor the needed legislation is upon

you, and I shall confidently rely upon your doing your full

duty. I cannot believe that I ask in vain when I present.

these things to the representatives of the people of Georgia,.

and seek such legislation as will save our ~tate from

further humiliation and disgrace, and secure to every citi-

zen rights guaranteed in express terms in our State Con-

stitution, and which are the birthrights of every citizen or

an English-speaking country.

w. Y. ATKINSON,

Governor.

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

WEDNESDAY, DECEMBER 11, 1895.

585

Mr. President:
The House bas concurred in the Senate amendments tothe following resolutions of the House, to wit:
A resolution for the relief of the Brunswick Railway Termir~al Company.
Also, a resolution appointing a committee from the Senate _and House to investigate the convicts of thi_s State.

The following message was received from the Housethrough Mr. Hardin, the Clerk thereof:
Mr. President:-
The House has passed, by the requisite .constitutional majority, the following bills oftbe Senate, to wit:
A bill to authorize any written instrument to be admitted in evidence when the- subscribing. witnesses are dead,. insane, incompetent, etc.
The House bas indefinitely postponed the following bill of the Senate, to wit: -
A bill to authorize the county authorities in whose counties there are no municipal or county chain-gangs to hire convicts to private individuals.
The House bas passed the following bill of the Senate; towit:
A bill to require banks chartered under the laws of this State, where the capital stock is impaired, to make the same good by transfer from the surplus or undivided profits thereof.
Also, the following bill of the Senate, failing to receive the constitutional majority, was lost.
Also, a bill to amend an act to provide for and regulate the business of insurance brokers.

JOURNAl. UF THE SENATE.
The House baR also passed the following bill of the &nate, to wit :
A bill to amend an act that no manufact-urer shall be .allowed to sell but one brand of fertilizers under one brand -<>f one analysis.
The House has receded from its amendment to the follo'Ying bill of tpe Senate:
A bill to authorize the Governor to relinquish all claims -of the State to the Blue Ridge and Atlantic Railway under .certain conditions.
The House has passed the following bills of the Senate, to wit:
A bill to make more specific the crime of barratry. Also, a bill to amend section 1978 of the Code of 1882. Also~ a bill to amend section 3837 of the Code of 1882.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
J-/1. President: The House has concurred in the Senate amendment tn
-the House amendment to the following bill of the Senate, -to wit:
A bill to amend section 4721 of the Code of 1882.
The Senate took up the report of the ~inance Committee -on_ the resolution of the House providing for the payment to the city of Atlanta of the State's proportion of the expense of paving West Cain street, and of paving, sewering, etc., in Spring and west Cain streets adjoining the _grounds of the executive mansion.
The report was agreed to.

WEDNESDAY, DECEMBER 11, 1895.

b87

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

Those voting 'in the affirmative were Messrs.-

Beeks, Broughton, Bush, Boyd, Craigo, Harris of the.l2tb, Hanison, Keen,

McMillan, Mercer, Morton, McClure, N>rman, Osborne, Ryals, Sheppard,

StorPy, Sanford, Snead, Sharpe, Tatnm, Wilson, Wilcox.

Those not voting were Messrs.-

Bussey, Brand, Brown, Cumming, Harris of the 3d, Harris of the 22d, .Johnson,

Lewis, Long, Little, Lumpkin, McGregor, Monroe, McGarrity,

Roberts, Starr, Upchurch, Wade, Whitley, Williams, Mr. President.

Yeas 23. Not voting 21.

So the resolution was concurred in.

The Senate took up the report of the Finance Committee -on the resolution of the House for the relief of Jane Evett .and others of Catoosa county.
The report was agreed to.
The resolution was read the third time and lost-yeas 18, nays 7.

' The Senate took up the report of the Committee on the State of the Republic on the resolution of the House condemning any movement: looking to a union of church and State.
The resolution was concurred in.

The Senate took up the report of the General Judiciary Committee on the resolution of the House revoking ceded

588

JOURNAL OF THE SENATE.

rights granted to the United States over certain lands adjoining Chickamauga National Park.
. The report was agreed to.
The resolution was read the third time and concurred in -yeas 23, nays 0.

The Senate took up the raport of the Committee on Railroads on the resolution of the House authorizing an agreement to be made with the city of Atlanta affecting the use of Wall Street.
The report was agreed to.
The resolution was read the third time and concurred in yeas 28, nays 0.

The Senate took up the report of the Committee on Railroads on the resolution of the House I'atifyiug and confirming provisional settlements made by the Governor and Attorney-General concerning certain rights, ways, and properties of the Western and Atlantic Railroad.
The report was agreed to.
The resolution was read the third time and concurred in -yeas 25, nays 0.
The Senate took up the report of the Committee on Agriculture on the resolution of the House to allow the duplicate specimens of woods, minerals, etc., in possession of the State, to be loaned to museums and other scientific institutions.
The report was agreed to.
The resolution was read the third time and concurred in.
The resolution of the House authori.zing the Governor ro
accept certain historical publications from General James D. McBride was taken up and concurred in.'

WEDNESDAY, DECEMBER 11, 1895.

589

The resolution of the House allowing the postmistress of the House three days' extra pay, etc., was taken up and coneurred in.

The Senate took up the report of the Finance Committee on the resolution of the House to pay Thomas R. Daniel and William Bridges their pensions for the years 1893 and 1894.

The report was agreed to.

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

Those voting in the affirmative were Messrs.-

Beeks,

:Bush,

.I

Boyd,

Harris of the 12th,

Harris of the 22d,

Harrison,

Keen,

Lewis,

McMillan,

Mercer, McGregor, Monro, Morton, McGarrity, McClure, Norma!l, Osbome,

Ryals, Storey, Sanford, Snead, Sharpe, Tatum, Wilson, Wade,

Those not voting were Messrs.-

Broughton, .Bussey, Brand, Brown, Cumming, Craigo, Harris of the 3d,.

Johnson, Long, Little; Lumpkin, Roberts, Sheppard,

Yeas 25. Not voting 19.

Starr, Upchurch, Wilcox, Whitley, Williams. Mr. President.

So the resolution was concurred in.

The Senate took up the report of the Finance Committee on the resolution of the House to authorize the Governor and Attorney.:.General to make a final settlement with Mr.
W. P. McClatchy, of Tennessee, for legal services to the
State.

590

JoURNAL OF THE SENATE.

The report was agreed to.

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

Those voting in the affirmative were Messr8.-

Beeks, Broughton, Bush, Bussey, Boyd, Craij!o, Harris of the 12th, Harrison, Keen, Lewis, J,ittle,

Lurr.pkin, McMillan, Mercer, McGregor, Monro, Morton, McGarrity, McCiurt>. Norman, OsbornP.,

Ryals, Roberts, Storey, Sanford, Snead, Sharpe, Tatum, wilson, Wilcox, Wade.

Those not voting were Messrs.-

Brand, Brown, Cumming, Harris of the 3d, Harris of the 22d,

Johnson, Long, Sheppard, Starr,

Yeas 31. Not voting 13.

So the resolution was concurred in.

Upchurch, Whitley, Williams, ~Ir. President.

The Senate t.ook up the report of the Finance Committee on the resolution of the House to purchase a portrait of the Hon. Robert Toombs.

The report was agreed to. The resolution was read the 'third time, and on the question of concurring therein, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, . Bussey, Brand, 'Brown, Harris of the 12th, Harrison,

Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity,

Roberts, Sheppard, Snead, Sharpt>, Starr, Wilson, Wilcox,

WEDNESDAY, DECEMBER 11, 1895.

591

Johnson, Keen, Lewis,

McClure, Norman, Ryals,

Those not voting were Messrs.-

Bush, Boyd, Cumming, Craigo, Harris of the 3d,

Harris of the 22d, Long, Morton, Osborne,
~torey,

Yeas 29. Not voting 15.

So the bill was concurred in.

Wade, Whitley.
Sanford, Tatum, Upchurch, Williams, Mr. President.

The Senate took up the report ofthe Finance Committee on the bill of the House to make an appropriation for an arith-mometer and a Smith Premier typewriter for the treasury department.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Brand, Uumming, Harris of the 12th, Harris of the 22d, Harrison,

Keen, Long, Lumpkin, McMillan, Mtlrcer, Monro, McGarrity, McClure,

Norman, Ryals, Roberts, Sanfortl, !Sharpe, !Starr, Wade, Whitley.

Those not voting were Messrs.-

Bush, Boyd, "Brown, Craigo, Harris of the 3d, Johnson, Lewis,

Little, McGregor, Morton, Osborne, Sheppard, 8torey, Snead,

Yeas 24. Not "Voting 20.

So. the bill was passed.

Tatum, Upchurch, Wilson, Wilcox, William!!, Mr. President.

.592

JOURNAL OF THE SENATE

The Senate took up the report of-the Finance Committee -on House resolution to appropriate fifty dollars to pay the pension of W. C. Shore of Habersham county.

The report was agreed to.

The resolution was read the third time, and on the ques. tion of concurrence, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Broughton, Bussey,
Brand, Brown, <:raigo, Harris of the 12th, Harris of the 22d, Harrison,

Keen, Long, Lumpkin, Mercer, Monro, McGarrity, McClure, Roberts,

Those not voting were Messrs.-

Beeks, :Bush, Boyd, Cumming, Harris of the 3d, .Johnson, Lewis,

Little, McMillan, McGregor, Morton, Norman, Osborne, Ryals,

Yeas 24. Not voting 20.

Sanford, Snead, Sharpe, Tatum, Wilson, Wilcox, Wade, Whitley.
Sheppard, Storey, StArr, Upchurch, Williams, Mr. President.

So the resolution was concurred in.

The Senate took up the report .){ the Finance Committee on the resolution of the House to pay Mrs. Althema B. Sailors, widow of John B. Sailors, fifty dollars, one year's pension due John B. Sailors at the time of his death, and to pay Mrs. Ellen McGovern the sum of one hundred dollars, one year's pension due William McGovern at the time of his death.
The report was agreed to.
:The resolution was read the third time, and on the question of concurrence, the 'yeas and nays were recorded.

WEDNESDAY, DECEMBER 11, 1895.

5!13

Those voting in the affirmative were Messrs.-

~eks,
Broughton, Bussey, Keen, Lewis, Long, l-ittle, .Lumpkin,

McMillan, Mercer, Monro, McGarrity, McClure, Norman, Robert.q, Sanford,

Snead, Sharpe, Tatum, Wilcox, Wade, Whitley, Mr. President.

Those not voting were Messrs.-

Bush, .Boyd, Brand, Brown, Cumming, -{)raigo, Harris of the 3d,

Harris of the 12th, Harris of the 2::!d, Harrison, Johnson, McGrPgor, Morton, Osborne,

Yeas 23. Not voting 21.

Ryals, Sheppard, Storey, Starr, Upchurch, Wilson, Williams.

So the resolution was concurred in.

The Senate took up the report of the Finance Committee -on the resolution of the House requesting the Governor to pay certain coupons of the Northeastern Railroad.
The report was agreed to.
The resolution was read the third time, and on the -question of concurrence~ the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Broughton, Brand, Brown, .Cumming, .Craigo, Harris of the 12th, :Harrison, Xeen,
38s

Long, McMillan, Mercer, Monro, McGarrity, McClure, Norman, Ryals,

Roberts, Sanford, Snead, Sharpe, Starr, 'Vilcox, Wade, Whitley.

594

JOUR!'<AL OF THE SENATE.

Those not voting were Messrs.-

Beeks, Rush. Bussey, Boyd, Harris of the 3d, Harris of the 22d, Johnson,

Lewis, Little, Lumpkin, McGregor, Morton, Osborne, Sheppard,

Story, Tatum, Upchurch, \Vilson, \Villiams, Mr. President.

Yeas 24. :Not voting 20.

So the resolution was concurred in.

The Senate took up the report of the Finance Committee on the resolution of the House for the relief of MrB. Julia A. Knight and Susan E. Massey, etc.
The report was agreed to.
The resolution was read the third time, and on the question of concurring, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beek:;o, Broughton, Bussey, Brand, Brown, Craigo, Harris of the 12th, Harris of the 22d, Harrison. Keen,

Lewis, Long, Little, Lumpkin, l\fd\Iillan, Mercer, Monro, McGarrity, McClure, Norman,

Ryals, Roberts, Sanford, tinead, Sharpe, Starr, Tatum, Wilson, Wilcox, Wade.

Those not voting were Messrs.-

Bush. Boyd, Cumming, Harris of the 3d, Johnson,

McGregor, Morton, Osborne, Sheppard, Storey,

Upchurch, Whitley, Williams, Mr. President.

Yeas 30. Not voting 14.

So the resolution was concurred in.

WEDNESDAY, DECEl\IBER 11, 1895.

595

The Senate took up the report of the Finance Committee on the resolution of the House to pay the widow of R. I. G. Blake of Dade county the pension due her husband for the year 1893.

The report was agreed to.

The resolution was read the third time, and on the question of concurrence, the yeas and nays were recorded.

Those voting in the affirmative were :Messrs.-

Beeks, Broughton, Brand,
Cumming, Craigo, Harris of the 12th, Harris of the 22d, Harrison, Johnson, Keen,

Lewis, Long, Lumpkin,
:McMillan, l\IP.r('er, Monro, McGarrity, McClure, Norman, Osborne,

Ryals, Roberts, Sanford,
Snead, Sharpe, Tatum, Wilson. Wilcox, Whitley.

Those not voting were :Messrs.-

Bush, Bussey, Boyd, .Brown, Harris of the 3d,

Little, McGregor, Morton, Sheppard, Storey,

Starr, Upchurch, Wade, Williams, l\Ir. President.

Nays 29. Not voting 15.

So the resolution was c~ncurred in.

The Senate took up the report of the Finance Committee on the resolution of the House appropriating $100.00 to pay the expenses of special investigating committee.
The report was agreed to.
The resolution was reail the third time, and on the question of concurrence the yeas and nays were recorded.

596

JOURNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Brand, Harris of the 12th, Johnson, Keen, Lewis, Long,

Little, Mercer, McGregor, Monro, McGarrity, McClure, Norman,. Ryals, Roberts,

Sheppard, Sanford, Sharpe, Starr, Tatum, Wilcox, Wade, Williams.

Those not voting were Messrs.-

BtiSh, Boyd, Brown, Cumming, Craigo, Harris of the 3d,

Harris oi the 22tl, Harrison, Lumpkin, McMillan, Morton, OsbornE',

Yeas 26. Not voting 18.

Storey, Snead, Upchurch, Wilson, Whitley, Mr. President.

So the resolution was concurred in.

The Senate took up the report of the Finance Committee on the House resolution to make an aperopriation to pay the clerk of the Committee on Privileges and Elections, sitting during recess.
The report was agreed to.
The resolution was read the third time, and on the question of concurrence, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bussey, Brown, Cumming, Harris of the 12th, Harris of the 22d, Keen, Lewis,

Long, McMillan, Mercer, McGregor, Monro, McGarrity, McClure. Norman,

Ryals, Sanford, Snead, Sharpe, Starr, Wilson, Wade, Williams.

WEDNESDAY, DECEMBER 11 1 1895.

597

Those not voting were Messrs.-

Bush,Boyd, Brand,
Crai~ro,
Harris of the 3d, Harrison, Johnson,

Little, Lumpkin, Morton,
Osborne,~
Roberts, Sheppard,

Storey Tatum, Upchurch, Wilcox, Whitley, Mr. President.

Yeas 25. Not voting 19.

So the resolution was concurred in.

The Senate took up the report of the General Judiciary Committee on the bill of the House to provide for official surveys of the Western and Atlantic Railroad, for filing maps thereof in the office of the Secretary of State, etc., and for other purpo~es.

The report was agreed to.

The bill was read the third time, and on the question of its passage, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Bush, Bussey, Brand, Brown, Craig:o, Harris of the 12th, Harris of the 22d, Harrison, Keen, Lewis,

Little, Lumpkin, McMillan, Mercer, McGregor, Monro, McGarrity, McClure, Norman, Ryals,

Roberts, Sheppard, Sanford, Snead, Tatum, Wilson, Wilcox, Wade, Whitley, Williams.

Those not voting were Messrs.-

Broughton, Boyd, Cumming, Harris of the 3d, Johnson,

Long, Morton, Osborne, Htorey,

Sharpe, Starr, Upchurch, Mr. President.

Yeas 31. Not voting 13.

So the bill was passed.

598

JOURNAL OF THE SENATE.

The Senate took up the report of the Finance Committee on House resolution to provide for the payment of one additional doorkeeper of the Senate for the session of 1895, etc.
The report was agreed to.
The resolution was read the third time, and on the question of concurrence, the yeas and nays were recorded.

Those voting in the affirmative were Messrs.-

Beeks, Broughton, Bush, Bussey, Brand, Cumming, Cra:go, Harris of the 12th, Harris of the 22d, Harrison, Johnson,

Keen, Lewis, Long, Little, Lumpkin, 1\lercer, McGregor,
~Ionro,
McGarrity, McClure, Norman,

Ryals, Roberts, Sheppara, Snead, Sharpe, Starr, Tatum,. Wilcox, Wade, Williams.

Those not voting were Messrs.-

Boyd,

Brown,

Harris of the 3d,

McMillan,



Morton, Osborne, Storey, Sanford,

Upchurch Wilson, Whitley, ~fr. President.

Yeas 32. Not voting 12.

So the resolution was concurred in.

The Senate took up the report of the Finance Committee on the House resolution to appropriate the sum of $1,800.00 to pay the special commissioners for the adjudication of controversies affecting the 'Vestern and Atlantic Railroad, and for other purposes.
The report was agreed to.
The resolution was read the third time, and on the question ofconcurrence, the yeas and nays were recorded.

WEDNESDAY, DECEMBER :I, 1895.

599

Those voting in the affirmative were Messrs.-

Broughton, Bush, l3ussey, Brown, Cumming, Craigo, Harris of the 12th, HarriR of the 22d, Harrison, ...Johnson, Keen,

Lewis,
LOlli!",
Little, Lumpkin, Mercer,
McGre~or,
Monro, McGarrity, McClure, Norman,

Ryals, Sheppard, Sanford, Snead, Sharpe, Starr, \\'ilson, \Vilcox, \Vade, William!'.

Those not voting were Messrs.-

Beeks, Boyd, Brand, Harris of the 3d, _McMillan,

Morton, Osborne,
Robert~,
Storey,

Tatum, Upchurch, Whitley, Mr. President.

Yeas 31. Not voting 13.

So the resolution was concurred in.

The Senate took up the report of the General Judiciary -committee on the bill ofthe House to amend section 185.") <>f the Code of 1882, and for other purposes.
The report was agreed to.
The bill was read the third time and passeJ-yeas 16, .nays 7.

The Senate took up the report of the Committee on Corporations on the bill of the House for the relief of the North Georgia Agricultural College, etc., and for other purposes.
The report of the committee was agreed to.
The bill was read the third time and passed-yeas .27, -nays 0.

600

JOURNAL OF THE SENATE.

The amendment of the House to the bill of the Senateto require banks chartered under the laws of this State~ where the capital stock is impaired, to make the same good, etc., and' for other purposes, was concurred in.

The Senate took up the report of the Committee on Corporations on the bill of the House to authorize and empower the mayor and council of Dahlonega to grant the use of any streets in said town to any railroad, and for otherpurposes.
The report was agreed to.
The bill was read the third time and passed-yeas 24,. nays 0.

The Senate took up the report of the Committee on Ed-ucation on the bill of the House to amend an act to amend the school laws of this State, etc., and for other purposes.
The report was agreed to.
The bill was read the third time and passed-yeas 27,. nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend an act incor-porating the city of Chickamauga, in the county of Walker, etc.
The report was agreed to.
The bill was read the third time and passed-yeas 26, _ nays 0.

The resolution of the House instructing the fish commis-sioner to inspect the fish way at Augusta was taken up, read~ and concurred in.
Mr. Roberts introduced a resolution providing for the-

WEDNESDAY, DECEMBER 11, 1895.

601

appointment of a committee to visit the Girls' Normal ancl Industrial College, which was taken up, read, :md agreed to.
The President appointed Messrs. Brand and Bussey.

The Senate took up the report of the Finance Committeeon the resolution of the House for the relief of John Evett and others, of Catoosa county.
The report was agreed to.
The resolution was read the third time and lost--yeas 7,. nays 18.

Mr. Cumming introduced the following resolution, which was read and agreed to, to wit:
Resolved, That the Enrolling Committee be authorized to examine the last day's Journal of the proceedings of thelast day of the session of the Senate after the Senate shall have adjourned and as soon as the Journal Clerk can pre, pare the same, and said committee is further authorized tocorrect and finally approve the Journal of said last. day's proceedings.

The following Senate bills, adversely I"eporte-d, were taken up and lost by agreement with said reports, to wit:
A bill, to require the several railroads in this State toaccept and haul upon equal terms from railroads with whicn they connect, sleeping-cars and passenger coaches destined to points on or beyond the lines of such railroads, etc.
A bill, to prevent all discriminations and proyide forequal facilities and advantages being afforded by all railroad companies doing business in this State to all railroad companies in or without, the State, etc.
A bill, to regulate the movement of cars, trains, and traffic between lines of railroad connecting within this State,. to prevent discriminations, etc., and for other purposes.

602

JOURNAL OF THE SENATE.

And a bill to amend an act approved December 20, 1893, etc.

The following distinguished men were invited to seats in the Senate during their stay in the city, to wit:
The Hon. R. G. Mitchell of Thomas county; Ron.T. M. Veach of Bartow county, and Hon. M. M. Crain of the State of Texas.

Mr. Starr offered the following resolution, which was unanimously agreed to, to wit:
Resolved, That the thanks of the Senate be and they are hereby t~ndered to Hon. W. H. Venable, President; W m. C.Jifton, Secretary; Chas. S. N orthen, Assistant' Secretary; R. E. Wilson, Doorkeeper, and his assistants; W m. Henry Harrison, Reading Clerk; J. Troup Taylor, Journal Clerk, and the Messenger, Flynn Hurgett, Jr., for the faithful and ~fficient manner in which they have severally discharged the duties of their respective positions.
Mr. Sheppard offered the following resolution, which was unanimously agreed to :
Resolved, That the thanks of the Senate be extended to Hon. C. H. Brand, President pro tem. of the Senate, for the ability aml uniform courtesy with which he has performed the duties of his office.
The following act amending the Constitution of the State is spread in full on the Journal in obedience to constitutional requirement, to wit :
An act to be entitled an act to amend the Constitution {)f the State by adding a new paragraph to article 6, section 2, to be known as paragraph 8, so as to change the organization of the supreme court, to increase the number of as-

WEDNESDAY, DECEMBER 11, I895.

603

sociate justices, to provide for elections by the people, and for other purposes.
SEc. 1. Be it enacted by the General Assembly, That the Constitution of this State be amended by adding a new paragraph, to be known as paragraph 8 of.section 2 of article 6, which shall read as follows:
The supreme court shall hereafter consist of a chief justice and fi\re associate justices. The court shall have power to bear and determine cases when sitting, either in a body <>r in two divisions of three judges each, under stwh regulations as may be prescribed by the General Assembly. A majority of either division shall constitute a quorum for that division. The chief justice and the associate justices of the supreme court shall heteafter be elected by the people at the same time and in the same manner as the Governor and the State house officers are elected, except that the first -election under this amendment shall be held on the third Wednesday in December, I896, at which time orle associate justice shall he elected for a full term of six years, to fill the vacancy occurring on January I, I897, by the expiration of the term of one of the present incumbents, and three additional associate justices shall be elected for terms -expiring, respectively, January I, I899, .January I, 1901, and January I, I903. The persons elected as additional associate justices shall, among themselves, determine by lot, which of the three last mentioned terms each shall have, and they shall be commissioned accordingly. After said first election all terms (except unexpired terms) shall be for .six years each.
In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until his successor for the balance of the unexpired term

604

JoURNAL OF THE SENATE.

shall have been elected and qualified. The returns of said special election shall be made to the Secretary of State.
SEc. 2. Be it further enacted, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals with the yeas and nays taken thereon, the Governor shall, and be is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months, next preceding the time of holding the ~ext general election.
SEc. 3. Be it further enacted, That above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next geneml election to be held after publication, as provided for in the second section 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 amendmel)t to the Constitution shall have written or printed on their ballots the words "ForSuprema Court amendment," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words " Against Supreme Court amendment."
SEc. 4. Be it furthet 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 Constitution of this State, in paragraph 1 of section 1 of article 13, and by this act and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State,. to whom the returns shall be referred in the manner as in.

WEDNESDAY, DECEMBER 11, 189b.

605

cases of elections for members of the General Assembly, to count and ascertain the results, issue his proclamation forone 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.
In House passed by a vote of 126 yeas and 17 nays.
In Senate passed with an amendment, yeas 33, nays b.
Senate amendments concurred in by the House.

The following message was received from the House of Representatives through Mr. Hardin, the Clerk thereof:
Mr. President:
The House has concurred in the Senate amendment to the following bill of the House, to wit :
A bill to amend an act to create a school for colored people in Savannah as a branch of the State University, so as to change the name to the State Industrial School for ColQred Persons.

The following message was received from the House through Mr. Ha.rdin, the Clerk thereof:
.1.lir. President:
I am instructed to inform this branch of the General Assembly that the House 'of Representatives have finished the business before them and are now ready to adjourn ~ine die.
The Secrutary was directed to inform the House that the Senate has completed its work and is ready to adjourn ~ine die.
The Governor being notified that the General Assembly

606

JouRKAL OF THE SENATE.

had concluded the business of the session and was ready to adjourn sine die; replied that he had no further official communication to suhmit.

Mr. Sharpe, chairman of the Committee on Enrollment, submitted the following repott :
Jfr. Pre.~ident:
Your committee have examined and find duly and proverly enrolled and ready for the si!!:natures of the President and Secretary of the Senate and Speaker and Clerk of the House the following acts, to wit:
An act to amend an act incorporating the town of Kingston, in Bartow county, Ga., approved March 19, 1869.
Also, an aP-t to authorize the Governor to telinqui3h all claims of the State to the Blue Ridge and Atlantic Railroad, and for other purposes.
Also, an act to require banks chartered under the laws of this State where the capital stock is impaired to make the same good, etc.
Also, a resolution asking an appropriation from the government for a roadway from Atlanta to McPherson Barracks.
Also, an act to provide for the sale or lease of the Northeastern Railroad, and for other purposes.
Also, an act to regulate the sale of domestic wines in the towns and cities of this State.
Also, an act to approve, adopt and make of force the Code of laws of Georgia, prepared under the direction and by authority of the General Assembly, and for other purposes.
Also, an act to prescribe the mode of changing ,enue in criminal cases.

WEDNESDAY, DECEMBER 11, 1895.

607

Also, an act to authorize any written instrument, when the subscribing witnesses are dead, insane, incompetent, i~ac cef'sible, or do not recollect the transaction, to be admitted in evidence.
Also, an act to amend section 3837 of the Code of 1882, in which subscribing witnesses must be produced with certain stated ex-ceptions, etc.
Also, an act to provide that a master may not contract with a servant exempting himseif from liability to the servant, and for other purposes.
Also, an act to amend section 1979 of the Code of 1882, relating to lines of mechanics and material men, and for other purposes.
Also, a resolution for the relief of the South Brunswick Terminal Railroad Company.
Respectfully submitted. E. R. SHARPE, Chairman.

Mr. Sharpe, chairman of the Committee on Enrollment, submitted the following report:
1lfr. President:
Your committee ha,e examined and find dtrly and properly enrolled and ready for the si&natures of the President and Secretary of the Senate, the Speaker and Clerk of the House of Representatives, the following act!', to wit:
An act to amend an act of the General Assembly of Georgia, approved Decembet 6, 1880, making it the duty of the clerk of the county court and the clerk of the superior court, where there is none, to select a judge pro hac vice.
Also, an act to provide for service by publication in certain cases, and for other purposes.

-608

JOURNAL OF THE SENATE.

Also, an act to amend an act establishing a new charter for the city of Carrollton.
Also, an act to amend an act to establish a board of medical examiners for the State of Georgia, and for other purposes, approved December 12, 1894.
Also, an act to amend section 943(b) of the Code of 1882.
Als1, an act to authorize the Governor and Treasurer to issue bonds, and negotiate same, for raising money with which to pay off an amount of public debt maturing July I, 1896.
Also, an act to regulate practice in the superior court in -<!aees now or hereafter pending, and for other purposes.
Also, an act to amend an act as to inspection, analysis, and sale of fertilizers, approved October 19, 1891.
Also, an act to amend section 752 of the Code of 1882.
Also, an act to amend section 4721 of the Code of Georgia.
Also, an act to authorize justices of the peace and notaries public to preside in districts other than their own.
Also, an act to amend an act approved October 15, 1891, to authorize judges in the superior courts to heal' and try -<!ases after clearing the court of all or any portion of the audience, etc.
Also, a joint resolution appointing two from the Senate -and three from the House to investigate the convicts in this State.
Also, an act to define the rights and privileges of foreign trustees and guardians, and for other purposes.
Respectfully submitted. E. R. SHARPE, Chairman.

WEDNESDAY, DECEMBER 11, 1895.

609

Mr. Sharpe, chairman of the Committee on Enrollment, submitted the following report :
Mr. President:
Your Committee on Enrollment have had under consideration the following Senate acts, which they direct me to report back as duly and properly enrolled and ready for the signatures of the President and Secretary of the Senate and the Speaker and Clerk of the House ofRepresentatives, to wit:
An act to authorize the mayor and council of the city of Carrollton to hold an election on the question of issuing and selling bonds, not exceeding $20,000, for providing suitable houses, furniture, apparatus, etc., for public schools of Carrollton.
Also, an act to make penal the selling or buying of seed cotton in the county of Columbia, and for other purposes.
Also, au act to amend an act to establish a system of public schools for the city ot Carrollton.
Also, an act to provide for a board of commissioners of ' roads and revenues in the county of Lumpkin.
Also, an act to authorize the commissioners of roads and revenues of Chatham county to acquire, by purchase or condemnation proceedings, any road in said county owned by any private persons or corporations.
Also, an act to prohibit any non-resident person or persons from camp-hunting in the county of Dade.
Also, an act to repeal an act entitled an act to create a county court in each county of,the State, so far as the same applies to the county of Gwiunett.
Also, an act to confer on judges of the superior and city courts of this State jurisdiction to hear and decide, in vaca-

610

JouRNAL oF ;rHE SEXATE.

tion, motions for new trial, certioraris, and for other purposes.
Also, an act to amend an act approved December 20, 1892, to carry into effect paragraph 18 of section 7 of article 3 of the Constitution of 1877, as amended, in relation to the chartering of banks, and for other purposes.
Also, an act to amend the charter of the Macon Savings Bank, so as to authorize the directors to reduce the capital stock, etc.
Also, an act to amend section 9 of an act approved February 25, 1876, to regulate the leasing out of penitentiary convicts, etc.
Also, an act to amend an act to amend section 4625(c) of the Code of 1882, and for other purposes.
Also, an act to provide for the application of all public school funds to Douglasville College, and for other purposes.
Also, an act to amend an act to carry into eflect article 3, section 7, paragraph 18 of the Constitution of the State, in so far as the same relates to issuing and gran~ing power to railroad companies by the Secretary of State.
Also, an act to provide for the protection of the cemetery reserve of Macon, and for other purposes.
Also, a resolution for the relief of J. D. Laing, tax-collector of Terrell county, and his securities.
Also, an act to prescribe the method of serving bills of exception upon non-resident defendants in error.
Also, an act to amend section 21 of an act, approved December 18. 1893, which relates to issuing corporate powers to insurance companies by the Secretary of State, by making the sam~ apply to live-stock companies.

WEDNESDAY, DECEJIIBER 11, 1895.

611

Also, an act to amend section 4625(c) of the Code of 1882.
Also, an act to amend an act, approved November 12, 1889, an act to declare councilmen and aldermen of the towns and cities of this Stat~ ineligible to hold other offices during their term of office.
Also, an act to establish a city court for Gwinnett county.
. Also, an act to repeal the law defining court contracts and regulating the same, and for other purposes.
Respectfully submitted. E. R. SHARPE, Chairman.

Mr. Shar~, chairman of the Committee on Enrollment, .submitted the following report:
Mr. Pre8ident:
The Committee on Enrollment report as duly enrolled .and ready for the signatures of the President of the Senate .and Secretary of the Senate, the following acts, to wit:
An act to incorporate the town of Elberton, to define its limits, and for other purposes.
Also, an act to establish a new charter for the town of Statham, in Jackson county, Georgia.
Also, an act to revise the charter of the town of Bruton, to change the name from Bruton to Brewton, and .for other
purpo~;es.
Also, an act to amend section 1 of an act to establish a school for colored persons as a branch of the State University, approved November 26, 1890, aud for other purposes
Also, an act to make more specific the crime of barratry in this State, and to include in the same the offering of services by attorneys at law in certain cases.

612

JOURNAL OF THE SENATE.

Also, an act to amend section 1978 of the Code of 1882,. as amended by act, approved October 17, 1891.
Also, an act to amend an act, approved December 15,. 1893, permitting Confederate soldiers to peddle without license, and for other purposes.
Also, a resolution authorizing the Governor to accept certain historical publications from General J.D. McBride.
Also, a resolution authorizing the President of the Senate, Speaker of the House, Secretary of the Senate, Clerk of the House, and members of Enrolling and Auditing Committees to remain after adjournment five days to bring up unfinished business, etc.
Also, a resolution to authorize the Governor to borrow money to supply deficienties, etc.
Respectfully submitted. EDWIN R. SHARPE, Chairman.

The Senate was declared by the President to be adjourned sine die, at the hour of 12 o'clock at night.

The committee from the Enrolling Committee, to examine

the Journal of the last day's proceedings of the Senate, have

examined the same and find it correct.

Respectfully submitted.

E. R. SHARPE, Chairman.

WALTER C. BEEKS.

INDEX.

PART I .

.AGRICUL'IURAL-
A Bill-To establish the State College of Agriculture in connection with the Experiment Station..... 184

~ANKS, ETc.-
A Bill-To amend the cha1terof Macon Savings Bank..75 209 227 To authorize payment of checks, deu:.ands, drafts, etc., where death of drawer occurs before payment ............................ 75 209 226 To require banks to make good their stock impaired in value................. 00 300 .... 340 349 600 To authorize banks to change the face value of their stock without amending their charters. . 385 436 'ro provide for the uniform amendment of bank charters.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385

J30NDS---,

A Bill-To amend an act in reference to fundinll: the

public debt.... 00 ....... 00 ..... 00 00

. . . 00

137

To authorize the iBSue of bonds to pay certain

bonds maturing in July, 1896......... 137 210 228 305

.BUILDING AND LOAN ASSOCIATIONS-
A Bill-To amend an act regulating building and loan associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 321

.CODE-AMENDMESTS OF, ETC.-

A Bill-To amend llt!ction 4721 of the Code ........... 10 96 537

To amend section 4349 of the Code . . . . . . . . . . . .

11

To repeal an act amending section 3910(c) of the

Code. . . . . . . . . . . . . . . . . . . 00 12 . . . . . . . . . . . . . . . 141 150

To repeal sections 2040 to 2049, inclusive, of the

Code................................. - 14 211

To amend section 2571 of the Code ...... 16 116 122 283

614

INDEX.

CODE-AMENDMENTS OF, ETc.-Continued.

A Bill-To amend section 3554 of the Code . . . . . . . . . . . .

17

To amend sections 2682 and 2683 of the Code . .

17

To amend sections 3058, 3059 and 3060 of the

Code......................... . . . . . . . . . . . . . .

IT

To amend section 2005 of the Code .......... 18 141 151

To amend an act to amend section 462.')(c) of the

Code... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 169

To amend section 3554 of the Code ... 70 342 346 385 404

To amend section 1711 of the Code. . . . . . . . . . . . 75 167

To amend section 4423 of the Code............ 75 123

To amend section 4422 of the Code .......... 7G 116 124

To amend section 4424 of the Code. . . . . . . . . . . . 76 116

To amend section 2706 of the Code............

88

To amend section 752 of the Code.. . . . . . . . . . . . . 88 95

To amend section 4721 of the Code . . . . . . . . . . .

88

To amend section 943(b) of the Code ........ 92 116 124

To amend section 3149(a) of the Code.......... 115

To amend section 2057(a) of the Code ........ 150 172

To make prize-fighting a felony ............. 150 210 227

To approve and adopt the new Code ........ 153 198 325

To amend section 476') of the Code...... . . . . .

167

To amend an ad to amend section 4625(c) of

the Code . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . Ul7

To amend section 1329 of the Code.. . . . . . . . . . . . 209 225

To amend an act amending stction 1979 of the

Code ................................... 218 323 372

To make more specific the crime of barratry .223 342 348

To amend section 1973 of the Code .......... 241 248 259

To amend se!'tion 926 of the Code........... 343 372 4<:!9

Making it a felony to charge certain usury...... 248

To amend section 70S of the Code ........... 256 305 311

To amend section 3837 of the Code ......... 287 322 3:{7

To amend sections 4349 and 4527 of the Code . . 322

'l'o amend section 4310 of the Code.. . . . .

323

COl\IMISSIONERS---OF ROADS AND REVENUES-
A Bill-To authorize the purchase of certain roads by commissioners of Chatham county ........ 230 255 259
To create a board of commissioners for the county oflrwin.. .. .. .. .. ............. 257 372 425
To create a board of commissioners for Twiggs county. . . . . . . . . . . . . . . . . . ... . . . . ......... 299 300 323
To create a board of commissioners of roads and revenue for Lumpkin county.. . .........385 408 429-

INDEX.

615

COMMITTEES-

A Bill-To inform the Governor of the reassembling of

General Assembly..........................

4

To welcome the President and party...........

8

On sale or lease of the Northeastern Railroad..

69

Additions to committees ......... 69 90 125 153 271 310

On Blue Ridge Railroad.......................

i4

To visit the State Normal School at Athens.....

81

On providing for care of State convicts. . . . . . . . . 127

On arrearages of lessees of State convicts. . . . . . 137

To receive portrait of Hon. N.J. Hammond.... 140

On Georgia Day. . . . .. . . . .. . .. . . .. .. . . .. . . . . .. 1o2

To prepare for reception of Gov. Hasting and

others................................ , . . . . 178

On condition of Senate business. . . . . . . . . . . . . 469

Of Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549 550 568

On final hour of adjournment. . . . . . . . . . . . . . . . . 56!}

CONSTITUTION-AMENDMENTS, ETC.-

A Bill-To amend paragraphs 2 and 3, of section 3, article

6; paragraph 1, of section 2, of article 6, and

paragraph 1, of section 12, of article 6 of the

Constitution................................ 14 72

To repeal certain portions of an act to enforce

paragraph 2, section 18, article 6, of the Con-

stitution.................................... 14 67

To amend paragraph 1, section 2, article 6, of the

Constitution ........................... 16 92 110 128

To so amend the Constitution as to provide for

a Lieutenant-Governor. . . . . . . . . . . . . . . . . . . . .

86

To amend para~raph 1, section 21 of article 7 of the Constitution ............................ 191 305

To propose an amendment to paragraph 4, sec-

tion 2, article 7 of the Constitution....... 191 210 229

To amend an act to enforce article 3, section 7,

paragraph 18 of the Constitution. . . . . . . . . . . . 282

To amend paragraph 2, section 2, article 7 of the

Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327

To amend paragraph I, section 3, article 8 of the

Constitution.. : ................. 342.345 877 461 465

To repeal paragraphs 8 and 9 of section 1, article



5 of the Constitution ..................... 342 348 401

616

INDEX.

CONVICTS-STATE, CouNTY AND MuNICIPAL-
A Bill-To place county and municipal chaingangs under supervision of the Governor, etc .. 216 248 258 288
To authorize hiring misdemeanor convicts to individuals in certain cases ...... 300 322 336 337 340 351 370

COUNTY OFFICERS-
A Bill-To provide for election of clerk of county commissioners of Fulton county by the people ... 102 115 167 178 303

COURTS-CITY AND CouNTY, AND OFFICERs oF SAME-

A Bill-To abolish the city conrt of Laurens county....

16

To prescribe qualifications for judges of city and

county courts ............................. 88 210 227

To establish the city court of Gwinnett county liS 141

f

152

To repeal the county court act as it applies to

Gwinnett county . . . . . . . . ............... 118 140 152

To amend an act making it the duty of the clerk

of county court to select a judge in certain

cases................................... 141 161

To abolish the city court of Jackson county. 150 255 320

393 405

To abolish the city court of Laurens county .... 296 388

COURTS-;-SUPERIOR-

A Bill-To preserve the public morals by requiring

judges of superior courts to clear the court-

houses in certain cases......................

67

To require judges of superior courts to appoint

an official organ in each county ...... 150 342 347 372

To amend an act authorizing judges of the su-

perior court in certain cases to clear the

court, etc ............................192 302 336 352

To change the time of holding the superior

courts of the Northeastern circuit........ . . . 256

DEPOSITORIES--

A Bill-To create additional State depositories........

80

INDEX.

617

EDUCATIONAL--
A Bill-To amend the school system of Carrollton ... 12 116 254 Authorizing the town of Buford to establish public schools .................. 70 80 87 110 115 321 To apply all funds belonging to school children in Douglas7ille to Douglasville College .... 86 116 124 Prescribing the time for opening the schools of Bibb county ....................... 150 209 226 To provide for conducting teachers' institutes:. 217 To amend an act establishing a school for colored students. . . . . . . . . .................. 256 274 305 To authorize the State School Commissioner to license graduates of the ueorgia State Industrial College f-:Jr colored youths... . . . . . . . . . . . 256 To create a commission tp secure manuscript of text-books for common schools. . . . . . . . . . . . . . 296 Regulating the pay of teachers in each county. 321 To establish a. school system for the town of Statham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 415 To establish a new chartt>r for Statham........ 415

~LECTIONS-
Of Hon, Thomas Eason as Solicitor-General of Oconee Circuit.. . . . . . . . . . . .. . . . . . . . . . . . . . . . 19 20
.EXECUTIVE SESSIONS- .... 69 87 97116134 231 329 376 515 571
:FENCE LAWSA Bill-froviding bow counties may return to the "Fence Law" policy.. . . . . . . . . . . . . . . . . . . . . . . . 208 267
:FERTILIZERSA Bill-To amend an act regulating sale of fertilizers . . 315 372 415 To amend an act relating to inspection and analyses of fertilizers .......................... 315 372 421

BUNTING AND FISHING LAWS-

A Bill-To amend an act relating to fishing, approved Oct. 22, 1887.............................. 6
To amend the game laws of this State ........ . To make it unlawful to fish on the Sabbath day

80 83 12
88 377

618

INDEX.

HUNTING AND FISHING LAWS-Continued.
A Bill-To prohibit non-residents from camp-huntin~t in Dade county ..................... 267 308 337 367
To regulate hunting and fishing in this State 28{i 323 367 369 376 394 418

INSURANCE LA. W.:3-
A Biii~To create an Insurance Commissioner of the State ................................... 7 167 187 228
To amend au act granting corporate powers to insurance companies ................... . . . . . 88 96
To amend an act to amend an act to regulate insurance . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 122 267
To provide a fixed compensation to the Comptroller-General as Insurance Commissioner. . 300 331 425
To amend an act to regulate the business of insurance brokers ..................... 308 342 416 428

JOINT SESSIONS-

To elect a Solicitor for the Oconee Circuit ...

19

To hear an address from State School Commis-

sioner .................................... . 133

To hear address of Chancellor of the State Uni-

versity ................................ __ .. 142

To hear address of Hon. C. F. Crisp ........... . 18~

To receive Governors of certain States ........ . 203 204

To hear address of Hon. !::!. 11. Bradwell ....... . 352

To hear address of Hon. Hoke Smith ......... . 373

To hear address of Hon. F. G. duBignon ..... . 535

JUDICIAL CIRCUITS-

A Bill-To create Eastman judicial circuit..............

14

To reorganize the Cherokee and Rome cir-

cuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 170 :l07 230

- To transfer the county of Camphell to the Talla-

poosa circuit............................. 342 348 402

JUSTICES OF 'fHE PEACE-
A Bill-Authorizing justices and notaries public to preside in other districts than their own..l79 320 336 392:

INDEX.

619'

LIQUOR LAW8-

A Bill-To abolish bar-rooms, etc., and for other pur-

poses........................ . . . . . .. .. .. . .

6~

To regulate the sale of domestic wines in the

towns and cities of thit~ State...... 69 192 204 220 533

To amend an act approved September 18, 1885,

so as to prevent the manufacture of liquors

mentioned therein . . . . . . . . . . . . . . . . . . . . . . . . . . 190 408

MASTER AND SERVANT-
A Bill-To provide that a master may not by contract relieve himself from liability to his servant for damages ...................... 11 209 226 235 536

MEDICAT...-
A Bill-To amend an act to establish a Board of Medical Examineri! .............................. 92 302 326-
To authorize the principal physician of the penitentiary to discharge his assistants .... 178 210 228

MESSAGES-ExECUTIVE-
20 68 84 92 93 114 127 128 131 139 143 158 225 246 249 322 348 376 384 511 571 579

MESSAGES-FRoM HousE-
4 7 18 74 84 91 98 Ill 120 141 149 175 183 190 193 205 210 215 220 231 246 258 271 283 289 313 326 330 347 356 376 396 398 407 420 426 433_441 449 463 473 482 488 495 498 499 507 515 523 526 527 540 547 555 557 561 563
567 572 578 579 584 585 586 r~5-

MILITARY LAWS--
A Bill-To authorize the Governor to appoint military officers without p.ty . . . . . . . . . . . . . . . . . . . . . . . 154
To amend, revise and consolidllte the military laws of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 321

MISCELLANEOUS BILLS-
A Bill-To authorize females to hold certain offices .. 14 305 377 To make official stenographers commercial notaries public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 16S-

~20

INDEX.

MISCELLANEOUS BILLS-Continued.

A Bill-Requiring all convictmade brooms to be des-

ignated as such by stamps. . . . . . . ........ 96 121 132

To define the rights of foreign guardians and

trustees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1(l2

To repeal an act requiring persons or corpora-

tions to redeem checks, etc., given for labor .. 103 141

151 390 430

To amend section 2 of an act fixing salary of

State Librarian and his assistant.103 104 210 227 364

To prevent deception in the sale of butter. . . . . 149

To prohibit a ~reater commission than 4 per

cent. for negotiating loans ................. 150 172

Requiring persons carrying pistols or other

arms to register in every county . . . . . . . . . . . . 167

To authorize the State Librarian to appoint and

remove his assistant........................ 167

To regulate the tolling of rice .............. 177 248 327

Amending the act providing for lease of State

convicts ................................ :192 215 22S

To establish an appellate court ............ 216 342 430

To provide protection of the cemetery reserve

in Macon ..................... , ...... 217 302 337 572

To authorize trustees of the lunatic asylum to

discharge William 8howers ................. 300 331

To permit the State, as owner of the North-

eastern Railroad, to be sued . . . . . . . . . . . . . . . . 315 372

To amend an act approved December20, 1893.. 345

To authorize the Governor to relinquish aU

claims of the State to Blue Ridge & Atlantic

Railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366 388 416 "571

To prohibit publication and sale of obscene

books, papers, etc...... , . . . . . . . . . . . . . . . . . . . 385

To a~end the laws of the State relating to in-

spection of illuminating oils . . . . . . . . . .

403

MUNICIPAL CORPORATIONS-

A Bill-To amend the charter of Madison .............. 10 80 83

To amend the charter of Uartersville .......... 11 80 86

To amend an act establishing a new charter for

Carrolltoll. ................................ 11 79 250

To prohibit recove~r of lamages of abutting

lot owners except in certain cases........ . . .

17

'fo authorize Augusta to increase her water

supply.. . . . . . . . . .......................... 70 80 87

INDEX.

621

M1rNICIPAL CORPORATIONS-Continued.
A. Bill-To authorize Carrollton to vote on the question of issuing bonds .......................... 76 248 258-
Making it unlawful for mnnicipal authorities to tax traveling salesmen ................... 122 166 19(}
To reincorporate the town of Elberton ...... 137 210 250 To amend the charter of Macon ........ 1ti8 353 356 544 To amend the charter of Kingston .......... 296 331 353 To declare officers of cities and tt>wns inelijii:ible
during their terms to any other office..385 408 430 572 To revise the charter of the town of Bruton.403 429 451 To establish a new charter for the town of
Statham. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434 454

PEDDLERS-
A. Bill-To amend an act allowing Confederate soldiers to peddle without license............... 367 391 ~57

PENAL LAWS-

A. Bill-To make penal the buying and selling of seed

cotton in Columbia county .......... 7 92 115 130 22&

Making it penal to publish or sell the lives of

outlaws....................................

11

To make penal the mort.:~.aging or selling land

not one's own . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7&

PRACTICE-

A Bill-To repeal an act relating to payment of attor-

neys' fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7!}

Providing for hearing and trial of cases when

judge is disqualified . . . . . . . . . . . . . . . . . . . . . . . .

7

To define and apply the law of abatement .... 7 209 225

To protect vested rights . . . . . . . . . . . . . . . . . . . . . .

11

To provide for eervice by publication in certain

cases ..... : . .............................. 16 248 257

To repeal an act declaring when judgments and

t!xecutions are dormant in this State. . . . . . . . .

7&

'l'o rtle:ulate practice in the superior courts .... 76 92 112

To prescribe the mode of attestation of foreign

deeds, etc ................................. 141 169

To provide for recording chat"tel mortgages in

separate books . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167

To define the rights of foreign guardians and

trustees............ . ...................... 187 569

~22

lNDEX.

.:PRACTICE -Comtinued.
A Bill-Providing for distribution of all moneys derived from hire of convicts convicted of mayhem.. 191
To provide for levy and sale of equitable interest in property....................... 248 342 372 406
To admit certain written instruments as evidence ................................... 286 322 33i
To provide for levy and sale of certain property of an equitable character.................... 296

BAILROAD LAWS-
A Bill-To amen! the general railroad law .......... 157 334 572 . To prevent dealing in railroad tickets . . . . . . . . . 168 To provide for the sale or lea~e of the Northeastern Railroad . . . . . . . . . .......... 251 302 417 572 To require railroad companies to provide spark arresters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 To incorporate the Brunswick, LaGrange and Northwestern Railroad............ . . . . . . . . . 304 To require railroads to accept and haul upon equal terms from connecting railroads, sleeping cars, etc., destined to points beyond such railroads.. . . . . . ........................... 343 601 To prevent all discrimination by railroads doing business in this State ........................ 343 601 To regulate the movement of cars, trains and traffic between lines connecting in this State, etc......................................... 343 601

REASSEMBLIXG-

Called to order by the President,. . . . . . . . . . . . . . . . . . . . . .

3

Prayer by the Chaplain, Rev. J. W. G. Watkins . . . . . . . .

3

Roll call- quorum present............................

3

Secretary notifies House that Senate has reconvened..

3

RECONSIDERATI, ONS-

Of House Bill providing ior inspecthn of misdemeanor

convicts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .

82

Of Senate Bill-To amend section 2571 of the Code... . 127

Of Bill to reorganize the Rome and Cherokee circuits.. 214

Of Senate Bill-To amend Eection 71'8 of the Code...... 311

Of Senate Bill-To repeal the act requiring payment of

checks, etc., given for labor... . . . . . . . . . . . . . . . . . . . . . . 394

INDEX.

623

. RECOXSIDERATIONS-Colltinu~td. Of House Resolution to pay John Faver for his services 443 Of &mate Bill-To amend paragraph 1, section 3, article 8, of the Constitution... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452

REGISTRATION-

A Bill-To provide for registration of deaths in this State

1:l

Requiring persons carrying pistols or other arms

to register the same, etc.. . . . . . . . . . . . . . . . . . .

76

REPORTS-

Of Committee to welcome the President and party.

8

Of Committee to inform the Governor of the reassem-

bling of the GenP.ral Assembly ............... :. . . . .

!}

Of General Judiciary Committee.... . . . . . . . . . . . . . . . .

13

Oi Amendment tl Rules reported ............ 18 77 90 109 139

(147 Minority Report) 165 173 195 206 232

245 282 294 (Minority Report 307) 315 331

361 382 387 4P5 409 423 437 (Minority. Re.:

port 444) 458 490 491 527 556 565

Of Conference Committees .................... 561 062 568 577

Of Committee on the Penitentiary ... 68 114 148 195 219 528 564

Of Joint Committee to investigate the Northeastern rail-

road ................................................... 240

Of Committee on Education .... 71 208 234 269 303 313 366 384

404 423 429 446 484 509

Of Special Judiciary Committee .... 72 76 82 99 106 129 137 153

154 171 194 236 253 280 290 299 301 314 321

334 339 341 362 382 383 397 404 428 445'448

459 467 473 488 496 507 513

Of Committee to examine the new Code. . . . . . . . . . . . . .

198

Of Committee on Corporations .. 73 107 117 134 169 175 177 208

238 245 265 269 273 284 312 326 346 350 357

365 397 422 432 450 453 454 458 466 481 518

Of Committee on Rules................................ 118

Of Committee on Enrollment ........... 89 100 120 18! 303 311

384 606 607 609 601

Oi Committee on Obstructions in Savannah River...... 558

Of Committee on Eugrossing .............. . 127 138 168 172 185

194 233 244 259 291 319 338 359 380

396 427 435 446.452 456 472 473 545

Of Committee on Public Roads..................

105

Of Committee on Railroads ... :238 281 323 ::181 4(10 487 560 574

624

INDEX.

REPORTS -Continued.

Of Committee on Finance .................... : .106 142 185 2:!8

.

232 237 :!96 3t0 330 357 391 400 419

443 460 472 485 505 511 519 538 574

Of Committee on Agriculture .. 247 301 318 363 376 510 526 537

Of Committee on Public Schools . . . . . . . . . . . . . . . . . . . . . . HJ7

Of Committee on Banks., ......... 108, 174 335 436 487 502 523

Of Committee on New Code..................... . . . . . 152

Of Committee on Temperance ...... 174 274 299 319 351 396 449

Of Committee on Privileges and Elections............. 186

Of Committee to Visit the State U niver::~ity. . . . . . . . . . . .

196

Of Special Committee on Lessees in Default.. . . . . . . . . . 221

Of Committee on Public Schools . . . . . . . . . . . . . . . . . . . . . 254

Of Jomt Special Committee to visit the State Normal

School at Athens................................... 262

Of Special Committee to visit the colored school at Col-

lege, Ga...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

275

Of Committee on the Lunatic Asylum ................. 292 329

Of Special Committee to confer with the Commissioner

of Agriculture...................................... 295

Of Committee on State of the Republic....... . . . . . . .

444

Of Committee on Military Affairs .............. 300 413 428 486

Of Committee to investigate the Blue Ridge & Atlantic

Railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439

Of Committee on Public ,Property.. . . . . . . . . . . . . . . . . . . . 457

Of Committee on State of Henate Bu~>iness.............

474

Of Committee on State of the Republic. . . . . . . . . . . . . . . . 544

ROAD LAWS-
A Bill-To amend an act of October 21, 1391, relating to the road laws ....................... 70 80 87 113

TAXEE;, TAX LAWS AND TAX OFJ<'ICERS-

A Bill-To provide a board of equalization of real and

personal property for taxation .......... 6 115 336 378

To exempt certain notes from taxation received

by vendors.. .. . . .. .. .. .. .. .. . . . .. . .. . .. .. . 15 115

To exempt from taxation r.otes given by vendors 15 115

To prescribe salaries of the tax-collector and re-

ceiver of Carroll county.. . . . . . . . . . . . . . . . . . .

86

To amend tbe general tax act of 1895 and 1896. 177 267

To levy and collect a tax on all amounts paid

for life insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 251 304

I:NOEX.

PART II.

RESOLUTIONS OF SENATE-

A Resolution-Providing a committee to inform the Gov-

ernor of the reru:sembling of the Gen-

eral Assembly. . . . . . . . . . . . . . . . . . . . . . . .

4

To adjourn to pay respect to Mr; Cleveland

and party............................

4

Requesting chairmen of committees to :re-

turn to the Senate all Bills and Resolu-

tions left over from the last session .. :_.

5

Invitin~ Messrs. Jenkins,Easterling, Cow-

art and others to seats . . . . . . . . . . . . . .

1()

Directing the janitor to change positions

of certain desks in the Senate chamber 12 13

To reopen assessments in case of Postal

Telegraph and Cable Company. . . . . . . . 13 153

Inviting Hon. Geo. D. Griffin, of Decatur

county, to a seat..................... .

13

Tendering a seat to Hon. A. W. Fite .... .

18

Referring Governor's message in detail.

65-

Tendering a seat to Hon. John H. Loh-

man, of Brunswick . . . . . . . . . . . ...... .

66

Appointing a joint committee to report

relative to the Northt>.astem Railroad ..

67

Appointing a committee to visit the State

Normal College...................... .

80

Tendering a seat to Hon. Joh!l Lindsey .. 180.

Inviting Col. Jno. R. Williams to a seat

in Senate............................ .

81

To provide a joint committee to perfect a

plan for future care of persons convicted

of violating the laws of this State.. . . . . 87 125

Inviting Hon. R, G. McCurry to a seat...

92

Tendering a seat to Mr. A. G. Cassels, of

Mcintosh county .................... . "277

To appoint a committee to investigate the

convicts of this State .............. 92 169 18!

626

INDEX.

RESOLUTIONS OF SENATE-Continued.

A Resolution-Inviting Bon. John P. Shannon to a seat

in the Senate . . . . . . . . . . . . . . . . . . . . . . . . .

93

Requiring secretary to have printed a

Senate calendar.. . . . . . . . . . . . . . . . . . . . .

96

Tendering seats to Lieut. R. D. Fox and

Dr. P. S. Clarke.......................

97

Tendering a seat to Hon. T. R. Mills. . . .

97

Instructing the secretary to procure a por-,

trait of the Hon. W. H. Venable, presi-

dent, for Senate chamber. . . . . . . . . . . . . . 103 118

Tendering a seat to Bon. W. H. McAfee,

of Lumpkin county................... 110

Inviting Bon. C. F. Crisp to a seat in the

Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Inviting Judge Ira 8. Chappell to a seat

in the Senate . . . . . . . . . . . . . . .. . . . . . . . . 113

Authorizing the doorkeeper of the Senate

to appoint an additional assistant ...... 119 146

Tendering a seat in the Senate to Bon.

James M. DuPree ............. .'. . . . . . 283

To reopen assessment in case of Savannah

Street Railroad ....................... 123 133

To provide a committee to inquire in re-

gard to lessees in arrears. . . . . . . . . . . . . 123

Tendering a seat to Judge Saml. J. Winn 126

Tendering seats to Ex-Senator Wilcox and

Mr. C. L. Livingston of Darien. . . . . . . . 127

Of thanks to Atlanta bar for portrait of

Bon. N.J. Hammond................. 133

Tendering a seat to Bon. W. C. Martin .. 142

Tendering a seat to Hon. H. E. Wooten

of Albany ........................... . 148

Inviting Gov. Watson and others to seats

in the Senate ........................ . 153

Inviting Mf. Crisp to address the General

Assembly............................ . 154

Inviting Hon John H. Davis to a seat in

the Senate ........................... . 166

Inviting Hon. A. J. Fleming to a seat in

the Senate........................... . 166

Requesting State School Commissioner to

print his address and that of the Chan-

. cellor................................ ~. 166

INDEX.

627

RESOLUTIONS OF~~~ .
w: A Resolution-Inviting Me881'1!. J. D. Hont aDd H.

Clark, of Pittsburg, Pa., to seats....... 169

To provide a committee to arrange for re-

ception of Gov. Hastings and oth~rs...

178

Tendering seat to Mr. J. R. Ellis......... 184

, To relieve J.D. Laing................191 242 251

Tendering a seat to Hon. Jno. D. Pope... 203

Tendering a seat to Hon. W. R. Short, of

Marion county. . . . . . . . . . . . . . . . . . . . . . . . 218

Tendering a seat to Hon. T. H. Barnes, of

Virginia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

Tendering a seat to Hon. B. F. Jones, of

Miller county. . . . . . . . . . . . . . . . . . . . . . . 238

To provide a committee ~o confer with the

Comm:isaioner of Agriculture.......... 247

Inviting the Hon. R. L. MeWhorter to a

seat in the Senate. . . . . . . . . . . . . . . . . . . . . 2110

Tenderin~ot a seat in the Senate to Hon. J.

N. Davidson, of Ipdiana............... 251

Inviting Ron. S. D. Bradwell to address

the General Assembly ................ 254 314

To amend the :t~lles of the Senate. . . . . . . 255 259

In,iting the Hon. J. E. Strother to a seat

in the ~enate. . . . . . . . . . . . . . . . . . . . . . .

258

Authorizing the assistant secretary, in ab-

sence of the secretary, to sign all Bills

and Resolutions . . . . . . . . . . . . . . . . . . . . . . 266

Tendering a seat in the Senate to Hon. A.

P. Persons........................... 266

Tendering a seat to Hon. C. P. Gordon.. . 286

Tendering a seat in Senate to Hon. W. P.

Bond................................ 310

Tendering seats to distinguished visitors. 329

Inviting Lieutenant-Governor of South

Carolina to a seat in the Senate. . . . . . . . 341

.Asking of Congress an appropriation for

a roadway from .Atlanta to McPherson

barracks ................. : . .. . . . . . . .. 344

Memorializing Congress to appropriate

lands for school purposes....... . . . . . . . 352

Inviting Hon. R. M. Martin to a seat in

the Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 352

628

INDEX.

RESOLUTIONS OF SENATE--Continued.

A Resolution-To rt>lieve the South Brunswick Railroad

Company ......................... 367 392 451

Inviting Capt. J. T. Morton to a seat in

the Senate............................ 367

Tendering a seat to Hon. B. F. Miller, of

South Carolina....................... 367

Inviting Bon. J. D. McLeod to a seat in

the Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392

Tendering a seat to Bon. J. D. Coyle.... 392

Tendt>ring a seat to Hon. Jas. C. Adams,

speaker of the Indiana Bouse of Rep-

resentatives ......................... , 40S

Tendering a seat in the Semite to Hon.

P. W. H. Tatum.....................

425-

Providing for a committee to examine the

condition of busiiless of the Senate. . . . 469

Providing for bringing up the unfinished

business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473 564-

Authorizing the Governor to accept cer-

tain historical publications............ 473

Providing a Joint Committee to inquire

into the expediency of extending the

present session . . . . . . . . . . . . . . . . . . . . . . 501

Authorizing the Governor to borrow

money to meet a deficit in the Treasury 500

Tendering seats to Hon. A. L. Harris and

Col. Sid Nusbaum.................... 50S

Tendering a eeat to Bon. R. D. Smith, of

the county of Crawford . . . . . . . . . . . . . . . 520

To provide a Joint Committee to welcome

citizens of Chattanooga to the Exposi-

tion.................................. 520

Providing a Committee to visit t!le Girls'

Normal and Industrial School......... 601

Authorizing the Enrolling Committee to

t>xamine and approve the last day's

Journal of the Senate................. 601

Tendering seats to distinguished visitors 602

Complimentary to Bon. W. B. Venable

and others . . . . . . . . . . . . . . . . . . . . . . . . . . . 602

Complimentary to Bon. C. H. Brand,

president pro tem . . . . . . . . . . . . . . . . . . . . . 602

INDEX
PART III.
HOUSE BILLS.
.APPROPRIATIONS-
A Bill-To make an appropriation for the State Memorial Board ................................. 429 512
To appropriate $25,000.00 to build additional dormitories for the State Normal and Industrial College......................... 447 479 504 549
To appropriate money to the School for the Deaf .................................... .475 522 543
To appropriate money to pay "for an arithmometer, et~., for the treasury department . .484 523 591
:BANJ{S-
A Bill-To amend the charter of Coweta bank . . . . . . . . . 268 To amend the charter of Monroe Bankmg, Loan and Guaranty Co ........................ 278 340 354 To amend the charter of the Savannah Bank and Trust Company ..................... 279 436 496 To fix permanently the status of a piece of land in Savannah . . . . . . . . . . . . . . . . . ........... l!79 308 368 To amend the charter of the city of Dawson. 279 324 389 To authorize the town of Washington to issue bonds . . . . . . . . . . . . . . . ................... 279 308 354 Providing for change of names of banking and other companies ......................... 279 389 489 To amend the charter of the Title Guarantee and Loan Company of Savannah ............ 412 480 To amend an act prescribing method of chartering banks ......................... .434 506 526 536 To amend an act authorizing State banks to issue circulating notes ................... 483 525 576 To amend the charter of the Union Loan and Trust Company...................... .484 525 549

630

INDEX.

CODE AND PENAL LAWS-

A Bill-To prevent obscene dancing. . . . . . . . . . . . . . . .

IS

To provide penalties for violations of penal

laws .................................... 95 132 178

To amend section 534 of the Code ............. 170 516

To amend section 1291 of the Code. . . . . . . . . . . . 255

To amend section 943(a) of the Code ........387 410 520

To amend section 1675(a) of the Code ...... 387 410 493

To amend section 4928 of the Code... . . . . . 432 457 495

To amend section 3888 of the Code ........ .434 460 503

To amend section 1855 of the Code ......... 447 500 576

To make penal the hindering of officers in the

execution of sentences and orders of court.468 526 554

To make prize-fighting penal.. . . . . . . . . . . . . . . . . 477 522

To amend section 943(a) of the Code . . . . . . . . . . 483

To prohibit the operation of opium joints .. .477 522 541

CONVICTS-'CouNTY, MuNICIPAL .&ND STATE-
A Bill-To provide for inspt-ction of misdemeanor convicts .............. .' ......................68 78 79-
To :regulate the working of convicts in Bibb county .................................. 93 121 135
To amend the commissioners act of Catoosa county ................................... 277 324 368
Providing for election of commissioners of Troup county .......................... 277 410 495
To amend an act to provide pay for commissioners of Catoosa county .................... 278 345 415
CONSTITUTION- AMENDliElSTS, ETC.-
A Bill-To amend an act to enforce paragraph 18, section 7, of the Constitution. . . . . . . . . . . . . . . . . . . . . . . 267
To amend the Constitution so as to change the organization of the Supreme Court. 331 388 454 469 6()(}
To amend section 6 of an act to enforce paragraph 1, section 1, article 7, of the Constitution. .. .. .. .. .. .. .. .. .. .. .. . .. ......... .434 481 505

COUNTY COMMISSIONERS-

A Bill-Authorizing commissioners of Glynn county to

issue bonds. . . .. .. . .. .. . .. . ............. 119 146 156

Authorizing county commissioners to have ob-

structions removed from railroads in certain

cases...... .. ........ ....... ... .. .. .... ...

96

INDEX.

631

COUNTY COMMISSIONERS-Continued.
A Bill-To create a board of commi!!Sioners for the county of Webster . . . . . . .. .............. 224 303 354
To a01end the county commissioners act of Thomas county .......................... 255 274 306
To amend the county commissioners act of DeKalb county .......................... 279 410 493
To provide for election of commi!!Sioners for Berrien county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 345
To establish a board of commissioners for Bryan county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412 480
To v~t care of jails in county commissioners .. 413 478 513 550
To create a board of commiEsioners for Fannin county. . . .. .. .. . . . . . .. . .. ............. 431 481 567
To amend the commi!!Sioners act of. Wilcox county .............................. 431 480 563 569
To create a board of commissioners for Lumpkin county. .. .. . . . . .. . . . . . . . . .. .. . .. .. . . .. 431 550
To create a board of commiBBioners for Habersham county ...................... _..... 434 525 551
To create a board of commi~:~sioners for Coffee county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480 566

COUNTY OFFICERS-
A Bill-To repeal an act authorizing the ordinary of Spalding county to keep his office at. his home. . . . . . . . . . . . . . . . . . ................ 348 389 454
To fix the office hours.of the treasurer of Fulton county............. . . . . . . . . . . . . . . . . . . . . . . . . 387

COURTS-CouNTY AND CITY_:
:A Bill-To change quarterly terms of Elbert city court 95 325 468
To abolish the county court of Emanuel county 95 286
306
To abolish the county court of Houston county 180 255 To fix the time for electing sheriff and clerk for
Savannah city court ..................... 213 249 261 To repeal the county court act as it applies to
Coffee county .......................... 214 389 437 To limit the jurisdiction of the city court of De-
Kalbcotunty ............................. 280 410 494

63~

INDEX.

COURTS-CouNTY AND CITY-Continued.
A Rill-To repeal the county court act as it applies to Glynn county ........................... 298 345 368
To establish the city court of Brunswick ... 298 345 890 To establish a city court for Coffee county .. 298 389 437 To provide for appointment of a clerk of Effing-
ham county court . . . . . . . . . . . . . . . . . ..... 387 478 533 .ro create a county court for Echols county. . . . 321 To amend the city court act of Clarke county. . 411 479 To amend an act relating to county courts in
counties of 15,00ll inhabitants .......... .411 500 541 To fix the pay of two bailiffs of second division
city court of Atlanta ............. ~: ..... .411 525 552 To establish new terms, etc., for city court of
Richmond county ............ : . ....... .412 480 534 To abolish the city court of Laurens county 475 524 570
COURT.3-SuPERIOR, AND JuDGES-
A Bill-To change the time of holding fall term of Irwin superior court............................ 94 212 252
Requiring judges to mark continuances on their dockets ................................ 119 212 243
To change the time of holding spring term of Dawson superior court ..................... 213 320 410
Providing payment of costs to the clerk superior court of Macon county ............. ,. .217 389 457
To change the time of holding the superior court of Pulaski county ................. .411 478 551
To amend an act fixing times for holding courts in Rome circuit ........................ .412 480 541
To amend an act fixing the times for holding courts in the TallapOO!!a circuit ......... .476 525 538
EDUCATIONAL-
A Bill-To amend the school system of Hogansville. . . 119 212 242 369
To establish public schools for the town of Abbeville ...................................170 211 239
To incorporate the Cochran public school. .. 180 211 235 To create a Board of Education for the town of
Lithonia ........ , ....................... 214 285 349 To amend the public school act of Cartersville. . 217 2QO
265 To establish a school system for the town of
Guyton ................................ 224 274 307

INDEX.

633

EDUCATION AL-Continmd.
A Bill-To establish public schools for the town of Oxford ..................................... 277 324 369
To amend the school system of the to1rn of Quitman .. , ......... : . . . . . . . . . . . . . . . . . . 411 436 497
To esiablil!h a pnblie school system for the town of Wadley.............................. .431 480 565
To repeal an act making permanent the income of the State University.............. . .. . . .. 476
To amend an act to amend the school laws of this St..'lte.. . . .. . . .. . . .. .. . .. ......... , .476 524 600
To ~stablish free schools for Trion Factory. . . . . 476 560 To require re-examination of all teachers of pub-
lic schools.................................. 477 To establish free schools for Trion .............. 484 524 To amend an act to establish a school for col-
ored people ............................ 499 524 566

ELECTIONS AND ELECTION OFFICERS-
A Bill-To amend an act providing for payment of election managers and clerks in Washington county.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 95 212 242
To fix compensation for clerks of elections in Pierce county .......................... .430 480 534

HUNTING AND FISHING. LAW8-
A Bill-To protect fish in Fannin county ............ 94 103 130 To amend an act to protect game in this State. . 235 306 To prohibit hunting and fishing on another's land in Appling county .................. 280 345 392 To repeal an act to protect fish in Berrien county .................................. 280 389 493 To prevent seining in the waters of Tallulah River......... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477

INSURANCE LAWS-
A Bill-Providing for deposit of money by mutual insurance company........................... 181 321
To compel payment of full face value of policies 188

JURORSA Bill-To fix the payment of tales jurors........... 93 212 25

634

INDEX.

LIQUOR LAWS-
A Bill-To prohibit the sale of liquors and intoxicat ing drugs................................... 180
To prohibit the sale of liquor in DeSoto, Sumter county. . . . . . . . . . . . . . ................ 277 324 368
To amend the liquor law of Elbert county. : . . . . 283 309 To amend the liquor law of the town of Duluth 411 478
549 To amend the liquor law of Trion Factory .. .411 478 592 To amend the liquor law of Habersham county. 432
480 553 To prohibit manufacture of liquor, except wine,
in Coweta county....................... .447 483 552
:r..~ILITARY LAWS-
.A. Bill-To better organize the State Volunteers .... .477 525 538 To regulate all infantry and cavalry companies. 477 524 553
MISCELLANEOUS BILLS-
A Bill-Authoring counties to contract with U. S. as to building bridges .......................... 93 212 243
To make owners of dead animals bury them ... 102 207 345 367
'l'o cede jurisd\ction to U. S. over certain land.. 102 212 251 308
To regulate admission to the bar.............. 178 456 Investing Lotta M. Awtry with the rights of an
adult....................................... 268 Requiring Spalding county to pay certain costs 434 460
497 To authorize trustees of United Freewill Bap-
tist Church of Columbus to sell certain land. 434 460 498
To authorize border counties to co-operate with border counties of adjacent States in build ing bridges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447 500 517
To authorize the publication of certain Georgia Reports. . . . . . . .. . .. . . . .. . . . . .. . . . . . 447 500 521
Regulating the sale of beef, pork and mutton in Liberty county .........................477 525 550
Authorizing final settlement with W. P. McClatchey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477 589
To regulate the sale of milk, butter and cheese 484 525 542
To prevent fraudulent procurement of consignments of farm products, etc . . . . . . . . . . . . . . 500 526 551

INDEX.

635

MUNICIPAL CORPORATIONS-
A Bill:-To amend the charter of Columbus........94. 121 132' To authorize the city_of Thomasville to ieaue bonds.............................. , ..... 94 121 138
of To amend the charter of Rome .......... 94 104 146 15&
To change the corporate limits Rome ..94 104 146 15& To authorize the city of Rome to .~ue bonds.. 94 104-
146 155 To repeal the charter of Morganton .......... 95 170 203 To amend the charter of Rome ........ 95 104 146 15& To fix the time for electing mayor and council
of Decatur ................................. 102 493To ame~d the charter of Dalton ............ 119 J.57 187 Amending the charter of Dalton ........ 119 180 303 341
To amend the charter of Albany. . . . . . ..... 157 169 179To grant a strip of land to Savannah ........ 170 211 265To extend the corporate limits of Waynesboro.. 170 211
266 To amend the charter of Dalton............... 14& To prohibit municipalities from taxing traveling
salesmen ............................ 181 479 537 54& To amend the charter of the town of Guyton 181 211 285 To organize a parkand tree commission for the
city of Savannah ........................ 213 250 261 To authorize.Waynesboro to issue bonds.... 213 250 2&>1.'o organize a police commiesion for Savannah.. 213 249-
261 To extend the jurisdiction of the city of Savan-
nah for sanitary purpoires................ 213 249 264 To authorize arrests by police of Savannah be-
yond the city limits .................... 213 2[0 265 To extend jurisdiction of police court of Savan-
nah...................................... :H3 249 264 To incorporate the town of Cohuttah........ 217 249 288To amend the charter of Atlanta .............. 224 451 To establish a new charter for Covington ... 224 346 421 To amend the charter of Boston ............ 224 250 260To abolish appeals from police court of Savan-
nah ......... . . . . . . . . . . . . . . . . . . . . . . . . . .. 224 254 260 To amend the charter of Forsyth ....... 224 274 304 479To change the county site of Fannin county. . . 252 345
456 475 50S To amend the charter of the villagd of Haynie.. 255 274-
371

636

INDEX

.MUNICIPAL CORPORATIONS-Continued.
A Bill-To authorize Savannah to condemn land for street purposes.................. 267 325 342 !'151 450
Authorizing the town of Abbeville to issue bonds...................................... 268
To jncorporate the town of Young Harris ... 278 325 36B To create the office of .:ommissioners of public
works for Savannah ...................... 278 .325 355 To incorporate the town of Braswell, Paulding
county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 278 410 495 To amend the charter of the town of Roberta.278 303 353 To amend the ebarter of the town of Meigs.278 324 354 To auth01ize r~istration of all business, trades,
etc., in Decatur.......................... 278 389 484 To create a board of tax assessors and receivers
for Savannah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 414 To authorize the town of Bowman to issue
bonds .................................. 279 324 416 To incorporate the town of Douglass, in Coffee
county ................................. 280 389 416 To create a board of fire commissioners for Sa
vannah. . . .. . . . . . . . . . . . . . . . . . . . . : ... 286 324 325 342 To incorporate the town of Alto ............ 298 410 469 To create a board of water commissioners for Sa-
vannah. . . ... . . . . . ...................... 298 410 453 To establish a new charter for the town of Cal-
houn. . . . . . . .. . . . . . . . . . ...... , . . . . . . . .. 298 389 454 . To extend the corporate limits of Waynesboro.324 331 393 To authorize the town of Hogansville to issue
bonds . . . . . . . . . . . . . . . . . . . ............. 387 410 469 To amend the charter of the town of Camilla.. 387 410
459 To amend the charter of Cairo .............. 387 410 492 To incorporate the town of Battle Hill ...... 387 410 494 To repeal the charter of Manchester ....... 408 437 498 To amend the charter of Shellman .......... 411 478 547 To amend the charter of Cordele........... .412 437 497 To authorize Clarkesville to issue bonds .... 412 480 551 To amend the charter of LOcust Grove . .412 480 517 540 To amend the charter of Conyers .......... .413 483 552 To amend the charter of Atlanta . . . . . . . . . . . . . . 413 To authorize Dahlonega to grant the use of
streets to railroads ...................... .431 486 600 To incorporate the town of Moultrie ........ 430 480 517 To amend the charter of Graysville......... 431 480 5155

INDEX.

637

MUNICIPAL CORPOR'ATIONS-Oontinued.
A Bill-To amend the charter o:f Hapooville .... : ... .432 522 541 To amend the charter of thecity of Chickamauga 434 481
600
Authorizing Augusta to extend a ditch beyond the city limits .......................... 432 481 534
To amend the charter of Forsyth ... , ...... .435 489 533 To incorporate the town of Pinehurst...... 435 4tH 569 To incorporate the town of Birmingham... . . . . . 476 To incorporate the town of Jakin .... , .. , .. .477 525 555

PENSION LAWS-
A Bill-Authorizing the issue of Trelll!ury warrants to pay pensions. . .. .. . . . .. . .. .. . . .. .. .. .. . .. . 475 520
'ro provide for and authorize payment of pensions to certain widows ... , .... 475 522 c75 57S

PRACTICE-
A Bill-To secure to women their personal earnings .... 181 325 341 518
To allow affidavits to enforce liens to be made before any one authorized to administer oaths ................................... 477 522.566
To provide who may redeem land sold for taxes ..................................... 483 526 575
To regulate practice in the courts of this State.. 500 526 538
RAILROAD LAWS-
A Bill-To amand the general railroad law ....... - ... . 339 To repeal an act granting right-of-way to Cincinnati Southern Railway ............ 447 489 516 '575 To provide for survey of W. & A. Railroad, etc. 477 523 597
RECEIVERS, TRUSTEES, ETC.-
A Bill-To fix and define the duties of receivers, trustee@, etc ..................... 180 181 388 389 516 520

REGISTRATION-
A Bill-To provide for re~~;istration of voters in Washing~. ton ............................. , , . . . . . . . . 267

638

INDEX.

BELIEF LAWS --
A Bill--'To relieve R. L. Swatts...................... 98 212 242 To relieve the North GooTgia Agricultural College ......... _. . . ..... _. _. . . _.......... .434 481 599

ElVERS, CREEKS, l.:Tc.--
A Bill-To provide for removing obstructions from the streams of Hart county. . . . . . . _. . . . . . _. _.94 121 135
To provide for removal of obstructions from the streams of Elbert county _.......... 181 210 280
To provide for removal of obstructions from the streams of Forsyth county .......... 181 324 393
To provide for removal of obstructions from the streams of Madison county ......... ,412 496 548

'TAX LAWS AND OFFICERS-
A Bill-Providing for the better collection of tax executions ......................... ---- 103 268
To fix the official bond of the tax-receiver of Bibb county .......... _................. 298 52.'l 553
To amend the general tax act . . . . . . . . . . . . . 500 522 567

INDEX

PA.B.T IV.

RESOLUTIONS-{)F HorsE-
..
A Resolution-Appointing a Joint Committee to wei

come President Cleveland and party . .

8

To convene a Joint Session for election of

Solicitor for Oconee circuit. . . . . . . . . . . . 18 19 Prc;~vidii:Jg -~.Joint Committee on Blue

Ridge and Atlantic R. R . . . . . . . . . . . . .

74

Inviting the Chancellor to address the

. Gent>ral Assembly. . . . . . . . . . . . . . . . . . . .

86

Extending congratulations to the Gov-

ernor and the Exposition . . . . . . . . . . . . .

95

Providing a Joint Committee to consider

State supervision of misdemeanor con-

victs..................................

95

Changing the day for address of the Chan-

cellor of University. . . . . . . . . . . . . . . . . . 113

Inviting State School Commissioner to ad-

dress the General Assembly........ . . . . 123

Relllting to Georgia Day . . . . . . . . . . . . . . . . 152

To relieve J. S. McGahee ... ......... 170 302 467

To pay Hon. Columbus Blair mileage and

per diem ......................... 170 239 252

InViting Bon. C. F. Crisp to address the

General Assembly. . . . . . . . . . . . . . . . . . . . 180

Tendering appreciation of the patriotic

sentiments uttered by visiting Gov-

ernors................................ 211

Inviting Hon. Hoke"Smith to address the

General Assembly.................... 212

Inviting Bon. Hoke Smith to address the

General Assembly.................... 217

Inviting Hon. F. G. duBignon to address

the General Assembly ... : . . . . . . . . . . . . 228

To pay John Faver for services... 224 30~ 421 503

To relieve the North Highlands Railroad

Company ...... ~ ................... 256,302 392

To relieve Willis Field. , ............. 280 325 390

Requesting the Governor to pay certain

coupons of theN. E. R. R .......... 298 478 593

To relieve Brunswick State Bank and its

securities .. . .. . .. .. . . .. . . . . . . . . . .. . . 302 393

6-10

INDEX.

RESOLUTIONS-OF HousE-Continued.
A Reeolution-Re:ative to establishment of a dry dock at Key West, :Florida .................. 331 412
Condemning any movement looking to a union of Church and State............ 388
Authorizing the Treasurer to tranefer balsnce of the military fund on his books. 408 437 501
To relieve the Brunswick Street Railroad Company ........................ .408 478 577
For relief of John M. Williams ... , .. .412 478 547 Inviting Bon. F. G. duBignon to address
the General Assembly ............... , . 413 To relieve Atlanta and Chattahoochee
Railway Co. and Collins Park and Belt Railway Co ...................... .432 490 570 Correcting House Bill No. 397 ........... .435 460
To relieve Evett and other of Catoosa county.................... .-..... 435 490 587 601
Revoking ceded rights to the United States ..............................435 460 588
To pay expenses and per diem of Joint Committee to txamine the new Code.. 447 490 514 550
Appropriating $500 to paint the dome and repair roof of the Capitol........... 448 490 514
To pay Atlanta the State's proportion of certain work on streets, etc.. . . . . . . 248 322 586
Appropriating pay to Special Commission of the :::tate to adjust certain con troversies .......................... 448 489 598
Ratifying certain provisional settlements. 448 48~
588
To authorize an agreement with Atlanta in regard to Wall street. . . . . .. .' ... 448 489 588
To relieve Mrs. Julia A. Knight and Mr9. Susan E. Maseey................... 468 524 il94
To relieve Jane Sanders ............. 468 524 5.'17 To purchase portrait of Hon Robert
Toombs........................... .475 523 590 To appropriate money to the Lunatic
Asylum............................475 524 542 To pay pensions to Mrs. Sailor and Mrs.
McGovern ........................ .475 522 592

INDEX.

641

RESOLUTIONS-OF HousE-Continued.
A Resolution-To pay back pensions to Geo. B. Whitaker . . . . . . . . . . . . . . . . . .......... .476 52t 5.5-1
To pay Mark Hardin and C. 8. Northen for services . . . . . . . . . . . . . . . . . . . . . . . . 476 522
To pay clerk of committee on privilt'ges and elections . . . . . . . .. .. .. .. .476 5~2 562 1'>96
To pay expenses of special investi~ating committee..... . . .............. 47U 522 595
To pay Jno. R. Daniel and Wm. Bridges pensions for 1893 and 18!14 ........ 483 522 589
!l'o pay a pension to the widow of R.I. G. Blake .. : ........................ .484 522 598
To provide payment for one additional doorkeeper of the Senate .......... 484 52~ 598
To allow duplicate specimens of mineral!', woode, etc., loaned to museums, etc.500 525 588
To pay a pension toW. C. Shore...... 500 520 592 Authorizing the Governor to accept cer-
tain books......... -.... . . . . . . . . . . . . . 588 To provide a committee on adjournment. 569 Relating to establishment by Congn>.ss of
a new Department of Commerce.. . . . . . 570 Condemning any movement looking to a
union of church and State . . . . . . . . . . . . 587 Allowing the postmistress of the House three days' pay to bring up her business 589 Instructing the fish commissioner t..o in-
spect the fish-way at Augusta ......... 600