Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, October 28, 1896

JOURNAL
OF
THE SEN.ATE
OF THE
STATE OF GEORGIA)
AT THE
REGULAR SESSION
OF THE
GENERAij ASSEMBLY,
At Atlanta, Wednesday, October 28, r8q6.
ATLAi'\TA, GA.:
GEO. W. HARRISON, STATE PRINTER. (Franklin Printing and Publishing Company.)
1896.

JOURNAL.
Senate Chamber, Atlanta, Georgia. weduesuay, October 28, 1896, 10 O'clock a.m.
At the hour of 10 o'clock a. m. the Senators elect fot the years 1896 and 1897 were called to order by the lion. \Vm. Clifton, Secretary of the Senate.
By his order the list of Senators elect, furnished by the Hou. A. D. Candler, Secretary of State, was called .anu a quorum found present.
By request of the Sectetmy the Rev. J. W. G. Watkins, Chaplain of the last Seuate, invoked the blessing of God.
The Senators elect presented themselves before the .desk of the Sectetary and took the oath of office, the :same being administeted by the Hon. Marcus H: Beck, .Judge of the Flint circuit.
The following is the list as certified to by the Secre.tary of State :

1896.

CONSOLIDATED VOTE FOR SENATORS.

~
~ INAMIC OF CANDIDATES ELECT.
,"5'

VOTE BY COU:STIES.

>1-
1896.
.......,
~

1 W. W. Geiger ............... Bryan ............... 441\Chatham ...........5,178 Effingham ......... 5281................................. , ...... .. 2 C. H. !11ann .......................... Liberty............. 452 Mcintosh ........... f>1H 'l'atnall .............. 1,0~fJ 3 P. H. Com<t ....................... Appling ............. 837 Pierce ............... 505 Wayne .............. 504 4 Harry F. Dunwody .............. Camden ............. 347 Charlton ........... 221 Glynn ................ 685

<:....

6,147 1,!197

0 c:i

1,8l6

~

1,253 ~

5 .Tclf Wilcox ............................ Clinch.............. 4fi6\Cotree ................ !J58 Ware ................ 548

1,97~

;...

(\ Th10mas C. Ham ...................... Berrien ............. fi07 l~chols ............... 247 Lowndes ............ 7fi8

1,622 1:"

7 H. W. Hopkins ........................ BI'Ooks .............. 791 Colquitt............. 536 Thomas............ 1.132 M G. F. Westtnoreland ................ Decatur ........... I,OS:l Miller............... W8 Mitchell ............ 853 9 W. C. Shetlleld ........................ Baker ................ 481 Calhoun ............ 40:1 Earl.\', ............... 9:H

2A!i9 2,43l 1,821

0
'-'j

10 Philip Cook ............................ Dougherty ......... 42!1 Lee ................... 317 Worth .............1,025 11 0. B. Stevens ........................... Clay .................. 617 Han<lolph .......... G~-1 Tcrreli ............... 1,0B7 ........... . 12 M. L. Everett......................... Quitman ........... 272 Stewart............. 776 Webster............ :lfifi ............................... ..

1,771

>-3

2,3U8 ttl

1,414

t;rj

1:1 T. G. Hudson ......................... 1\lacon ............... 75~ Schley ............... 5fl1 Sumter ............. 938 .............................. ..

2,287

14 W. S. Thompson ..................... Douge................ l,:l0-1 Dooly................. 1,1mi Pulaski .............. 6771Wilcox ................ 388

3,534 UJ

15 John A. Wooten .................... jirwin ................ 827 1\longomery....... 504 Telfair............... l,l40 lH W. R. Kemp ........................... Emanuel ...........1,4l:l Johnson ............. i9H Laurens ............ 1,215 17 E. L. B1ioson .......................... 1Bullorh ............ 1,40:! Burke ............... 1,13.'i Scr~ven ............. 1,084 18 B. F. Walker ........................... -GI"scock. ... ...... 179 Jefferson ........... 1,200 Rich mood ........ 4,fi!U 19 W. T. Flynt ............................. GrP.ene ........ .-..... 1,177 Taliaferro.......... 511 Warren ............ 916

2,471 3,427
3,622 6,073

zt;rj
>
>-3
t;rj

2,604

20 John L. Culver ..................... Baldwin ............ H73 Hancock ............ G7:J Wtshington .......1,521

2,870

21 James R. Van Huren ............... Jones ................. 878 Twiggs............. 7U.'l Wilkinson .......... 933 ..

2,1i7<1

22 Robert L. Berner..................... Bibb ..................1,1"5 Monroe.............. I,054 Pike................... 1,141 .

3,820

23 C. G. Gray .............................. Crawford ........... ~37 Houston ........... H~~ Taylor............... :J6H ........ .

2,182

24 E. U. Battle........................... Chatlahoochcc. 510 Marion ............. 657 Muscogee .......... I,111 ...............................

2.278

25 K A. !<'lewellen ..................... Harris .............. l.OH!I Talbot............... 5flllJpson ............... HW ............................... ..

2,526

26 A. Atkinson ............................ Butt,, ................ 777 Fayette ............. !lfi!l Spalding ........... 83H ................................. .................................. 2,fi84

~7 J. A. Stewart........................... Clarke ............... 771 Newtoa ............. !17~0conee............. 54~ Rockdale ........... 6!/:l1Wnlton ............... 1,88H 4,87~.1

2H ,J. J). Kilpatrick ........................Jasper ............. 5711 niorgan ............. 1.7-ll Putnam ............. 115 ................................ .

2,72fi

2!1 A. E. Strother ........................ <'olumbia .......... 716 Lincoln ............. liliH McDuflle........ ... 672 Wilkes................ 4HH

2,M3

:JO c. M. Wit.,hcr ........................ l11Jt"rt.. ............ .l,7311 Madison ........... !lla Oglethorpe ....... l,Hili
:n W. Y. Carter.......................... l'ranklm ............ l,~3~> Habersham ....... 3!16 Hart ................ 1,137

4,15!i
2,8(i~

32 1Joeph F. Catleberry ........... Dawson .......... ~!)r; Lumpkiti .......... 4111 White, .............. 42n, ................ ;.):~ 1.John ~- Retlwmo ............... ... Bu.nk~................ HHI llali ........ ......... l,IIH .hckson ............ J,nsu

i,2sil
4 ,~Hii

at Thomas D. Stewart ................ DcKnlb ............. l,Oifi Owinnet L. ........ I,HH:~ Henry ............... 1,:!~!1

1,1!18

:;:, A. C. Hlnloek .......................... Clayton ........... 82:1 C"bh ................. 1.7<17 l'ultou ............... l,:liO ........................ .

(;,!110

:~fi ,J. F'. Goli!!htly ........................ UmnpUcll .......... 7'2t: Coweta.............. t,:{:{u Douglas............ !1:1!'", Meriwether..... l,liHI

I,Hfifi

:i7 \V. \V. Turn01.......................... Ca.noll ............ 11771 l[card ............... !171i Trnup ................ HBO.
i: .m .:::::::::::::::::.:::::::::::: Hd W. It...... (~oldin .......................... Haralson .......... 75t-l 'aulding- ...........1,177 t'olk ,................. Hif>.
1g ~: ~J~~k~~-. ::::.:::::::::::::::.::::: ~~~';;:,.~.0.:.::::::::1 m \;g::,;;~~:.:::::.:::::: ~~~i~~:'::::::::::::::: i~?

:l,!i:\7 '2 810
12,518 J,sr;7

41 1J. H.. Allen ............................... Fa.nniu ....... ...... 8!1,) Hilmer ... ......... 74fi Pakcns ............. H:37

2,.J72

12 IWolP,\' Shropshire ................ Bttrt.ow............. l,.lill Chttttoogtt ......... l,l!IH Fioyd ................ 2,:Jii\
43 0. N. Starr............................... Gordon .............. l,l!ll ;1-lu,rtty ............. nH IVIlltfleld .......... !IW,.
44 '1'. !<'. MdCal'land ..................... CoLtooa ............ r.t:J Dade ................. 4i8 W:llkor ............ 1,2!ln

~.o~~ 2,Hm

~

2,:lOO

t=l

t:r

!Z

STATE OF GEORGIA,

}

wtrl

t:r

0FI'ICE Ol' SECRETARY OF STATE.

>
~

I, Allen D. Candler, Secretttry of State of the State of Georgitt, do herebycertify, thttt the foregoing two pagescontrtin a true rtnd correct list

0
..., of the members elect to the Senate of said State, as appears from t!)o returus or an election hold on the 7th day of October, !SOH, now of file in this Q

ollice.

0 t;:j

t=l ;:; IN 'l'ESTDIONY WHEREOI', I have hereunto sot my ho,nd n~d o,inxed the Seal of my Office, at the Capitol, in the City of Atianta, this 2G:h d!IY

l~

of October, io the year of our Lord One Thouand Eight Hundred and Ninety-Six, and of the Independence of tho United States <f Americ::t the One 00

Hundred and Twenty-First.
[SEAT.. ]

ALLEN D. CANDLER,

J-L

00

Secretary of State.

<:.0 c;,

C:.,'l

6

JOURNAL OF THE SENATE.

The Secretary announced as the next business iJv order the election of a President of the body and that nominations would be received therefor.
wheteupon, the lion. Mr. Kilpattick placet! in nomnation the Hon. Robert L. Berner of the county of Monroe.
There. was no other nomination, so the Secretary ordered the roll to be called, which resulted in the Hon. Robert L. Bernet receiving thitty-nine votes-tl1e entite vote cast.
He was therefore declared duly elected Pre~ident of the Sei1ate.
Mr. Battle moved that a committee of three be appointed to wait upon the President elect, inf(m1l l1im of his election and conduct him to the chait.
The Secretary appointed as this committee, Messrs. Battle, Kilpatrick and Everett.
The President elect was conducted to tl1e chair by the committee and addressed the Senate.
He then called the Senate to order and announced the election of a Secretary as first in otder.
vVhereupon, the Hon. Mr. Battle nominateJ for that. position the Hon. Wm. Clifton of the county of 2\fclntosh.
There being no other nomination the roll was called and resulted in.Mt. Clifton receiving forty-two votes.
He was therefore declared duly elected Sectetary of the Senate.
The next business in order being the election of a Messenger, the Hou. Mt'. Flewellen placed in nomina-

"WEDNESDAY, OCTOBER 28, 1896.

7

tion the Hon. Flynn Hargett, Jr., of the county of Hatris, for that positio11.

The call of the roll resulted in :\1r. Hargett receiving thirty-nine votes.

He was therefore declared duly elected Messenger of the Senate.

The election of a Doorkeeper was announced. :\1r. Starr nominated for this position the lion. R. E. Wilson of the county of Murray.
The roll was called for this election and resulted in the Hon. H. E. \:Vilson receiving forty votes. He was declared duly elected Doorkeeper of the Senate.
The election of a President pro tem. being announced as next in Ol'der, Mr. Battle nominated therefor the Hon. C. G. Gray of Twenty-third District, who received thirty-nine votes, and was declared duly elected President pro tern. of the Senate.

Mr. Battle introduced the following resolution, which was read and adopted :
Resolved, That the Secretary inform the House of Representatives that the Senate is uow orgauized and ready to proceed to business.
The drawing for seats was announced, when Mr. Battle ofl:"ered the following resolution, which was read and agreed to:

Resolved, That the lions. A. Atkinson, E. A. Flew-
ellen, J. A. Stewart, \:V. vV. Geiger and J. E. Redwine,
be allowed to make choice of seats on account of age
and physical infitmities.

8

,JOCllNAL OF THE SENATE.

:Mr. Battle offered the following resolution, which was read and agteed to :

Resohed, That the PresiJent appoint a committee of three to select a Chaplain for the Senate.

The President, under this resolution, appointe<l Messrs. Battle, Blalock and Kemp.

1\fr. Battle also introduced the following resolution, which was read:

Resohed, That the President of the Senate be authorized and directed to appointed three gallery-keepers and six pages fot the Senate, and that the Secretary of the Senate he authorized and directed to appoint five porters for the Senate and tl1e committees thereof, and one additional porter to attend upon the water-closet.

On motion of Mr. Hopkins, this resolution was referred to a special committee of five.

The President appointed as this committee, Messrs. Hopkins, Battle, J. B. Stewart, Everett an(l IIuJson.

Mr. Battle offered the following joint resolution, which was read aud agree<l to :

Resolved, the House concutTing, that a committee of two ftom the Senate and thtee fmm the House, be appointed to inquire and report what public officers are to be elected at this session.

The President appointed as the committee on the part of the Senate, under the foregoing joint resolution, Messrs. Battle and Dunwody.

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

wEDNESDAY, OcTOBER 28, 1896.

9

Resolved, 'l'hat the rules 0f the last Senate be adopted for the ptesent one until the Committee on Hules report ucw ones and they are adopted.

:Mr. Battle introduced the f\)llowing joint resolution, which was read and agreed to :
Resolved, by the Senate, the House of Representatives -concurring, That a committee of three on the part of the Senate and five on the part of the Honse, be appoiuted to notify the Governot that the General Assembly is uow organized and ready to receive any communication he may desire to n~ake.
'fhe President appointed as the committee on the part of the Senate, under this joint resolution, Messrs. Dunwody, Kilpatrick aud Catter.

:Mr. Battle, chaitman of the committee to select a -chaplain, submitted the following report, which was read ami adopted :
llf1. P1e.~ir.lent :
The committee appointed to select a Chaplain for the
Senate, heg to repott for that position the Rev. J. vV.
G. \Vatkins. C. C. Battle, Chaitman.

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

After a half-hour spent in recess the President called the Senate to order.

'l'he following communication w;ts received from His Excellency, the Governor, through his Secretary, Mr. \Vat'l'eu, to wit:

10

JouRNAL OF THE SENATE.

Mr. President : I am ditected by the Governor to deliver to the Sen-
ate his annual message, with accompanying documents:
On motion of M:r. Redwine, the annual message of His Excellency, the Govemor, was taken up and read, and is as follows : llfem;ers of tJte General As3emhly of Georgia :
Circumstances under which you convene, in so far as they re late to the prosperity of our country, are not so propitious as we would have them, and yet, in view of the great financial stringency which has existed f?r several years, we have cause to congratulate ourselves that the people of Georgia haye met this discouraging condition without permitting it to entirely check the growth of our material interests or the advancement of our people. During this year there has been a slight increase in our taxable property. Some addition has been made to om railway mileage, a number of new factories have been erected, and our schools and colleges were never so full as now. These evidences of material and intellectual advancement, achieved under the most adverse circumstances, is a high tribute to the character and genius of our people.
I desire to lay before you such matters as have transpired in the administration of the affairs of state, during my term, as may be of special interest to you, and furnish information upon questions connected therewith which may come before you during your term of office.
WESTERN AND ATLANTIC RAIT.ROAD.
The appropriation of $1,500.00, made in. 1895, for the purpose of making a complete survey of the right of way and properties belonging to the Western and Atlantic Railroad, was used to employ Messrs. Wardroper and Stanley, two expert engineers, who have been engaged in carrying on this work, in compliance with the act of the General Assembly: The work

WEDNESDAY, OCTOBER 28, 1896.

11

is not yet completed, but, I am informed, will be within a short time.
PENITENTIARY.
During this year I ~3.\e had cause to make thorough investigation into the conduct of le~sees, and their agents, in the management of the penitentiary convicts of the State. A number of irregularities and violations of rules were discovered, and measures adopted to prevent future abuses, and secure the just and faithful administration of the laws and rules regulating the control and management of convicts by lessees. The total amount of fines imposed upon le~::sees during my administration has been as fo1Iows :
1st. Those imposed as a result of the special investigation, heretofore alluded tO------------ $2,500 0()
2d. Those imposed for cruel whipping---------- 1,400 00 3d. Escapes---------------- ------------- 4,400 00

Total_._ ____ ---------------------------- $8,300 00
I append to this message a list of pardons granted since my report to the General Assembly in 1895, so cla:;:sified that you can see how many mi~demeanor convicts have been pardoned; how many felons have been pardoned without the recommendation of the Committee on Pardons, appointed by the last General Assembly, and how many on their recommendation. This Committee on Pardons, consisting of Senators T. R. Whitley and C. C. Bush, and Representatives W. S. Humphries~ H. A. Jenkins, and R. E. Davidson, have done their w01k faithfully and efficiently. It has not only been a great relief t() the Executive, but has carried justice to a great many poor and friendless convicts, who had meritorious cases, and were unable to have them presented to the Executive. The facts upon which each pardon was granted are on file in the Executive office, and

12

JOURNAL OF THE SENATE.

to these I earnestly invite the attention of every member of your body. The proper exercise of the pardoning power is a difficult and -delicate task, but I have endeavored so to exercise it, that those who merited it should not be denied mercy, and those who deserve puni::;hment should recei\e it-that?justice might be done, ihe law enforced, and society protected.

INTEREST FRO)I STATE DEPOSITORIES.
The amount paid by and due from State depositories, as interest on the State's money, deposited with them, since the arrangement for payment of interest was eutered into, cannot be definitely stated, as complete settlei;Jen ts have not been made with all the b:tnks, but can be safely estimated at fifteen thou.sand dollars.
The prediction freely made at the time I insisted upon the payment of interest that sol vent banks would decline to act as State depositories has proven gr,1undless. The State is not only :secured with good and solvent bonds from each, but is dealing with banks of high standing.

SALE OF BONDS.
Five hundred and forty-two thousand dollars ($542,000) of 1he bonds of the State of Georgia, bearing 7 per cent. interest, matured July 1st of this year. Three hundred thousand dollars -($300,000) of this was paid with the accumulated sinking fund, which was at that time in the Treasury. Arrangements for payment of the remaining $242,000 was made by floating $230,000 ~f 4 per cent. bonds at 106. The premium on the bonds issued at this price yielded thirteen thousand eight hundred ($13,800) (lollars, making the total sum received from the sale of the 230 honds two hundred and forty-three thousand eight hundred dollars. While we had advertised for the sale of bonds to the .amount of $240,000 when. the bids were opened, it appeared that

\VEDNESDAY, OCTOBER 28, 1896.

13

the eale of the number advertised at the price bid would yield c.m siderably more than was needed for the payment of the debt. I then declined to issue that amount and issued only the amount needed to payoffthe maturing bonds. The real rate of interest that we are paying upon these bonds, which are nominally 4 per cent. bonds, is about 3! per cent. Considering the fact that these were not gold, but currency bonds, Georgians find reason to be proud of the ~plendid credit of their State. A full and complete history of this transaction will be found in. the repott of our faithful and honored State Treasurer, Hon. R. U. Hardeman, who now voluntarily retires from the high and responible office which he has for many years ably filled, carrying with. him the love, gratitude and confidence of the people of Georgia.
NORTHEASTJ<::RN RAILROAD.
A.fter the purchase of the Northeastern Railroad by the State it was operated by Hon. R. K. Reeves as State agent until June 1st1 1896, at which time the road was turned over to the parties leasing it under an act of the General Assembly of 1895. While the settlement with connecting lines has not been entirely completed, we are near enough a settlement to ascertain that the net earnings during the time it has been operated by the State are, approximately, $15,000. The new lease of the road was made to Messrs. E. A. Richards & Company, for the annual rental of $18,600, to be paid quarterly. Contract was made and bond given in compliance with the act of the General Assembly which authorized the lease.
This is only a local road, the value of which may be almost entirely destroyed by the building of a new road or a change of ownership of its connecting lines. For this reason I suggest that you consider the advisability of passing legislation that will autbo1ize its sale on such terms and with such limitations as you may deem wise.

14

JouRNAL OF THE SENATE.

PRINTING OF THE GEORGIA REPORTS, CODE, AND SCHOOLBOOKS.
The plan adopted by the State for the printing of the Reports -of the Supreme Court and of the new Code is yielding results of ~ most satisfactory character. Georgia Reports, which were .Sold at $5.50 per volume, when printed by individuals on their -own account, the State now have published and sell at a net -cost of $2.00 per volume. The additional volumes printed after the first edition is exhausted are printed at a cost of $1.00 per volume to the State, and sold at $1.50 per volume. The .Code of 1882, which was published on private account, was sold to the public at $10.00 per volume, and to the State in _large numbers at $6.00 per volume. Under the act of the General Assembly providing for the printing of the new Code of the State, Hon. John L. llopkins of Atlanta, ComptrollercGeneral W. A. Wright,. and myself were charged with the duty of making the contract on the part of the State with the publishers. This Code will contain considerably more matter than the Code of 1882, and will be bound in three volumes, which will largely increase the labor and cost of the publication. Under the contract made, however, it is reasonably certain that the cost of the three volumes complete will not exceed $2.50.
In the light of this experience, I respectfully recommend that -the Legislature authorize the appointment of a commission on _publication of schoolbooks, to consist of not less than three nor more than five citizens of the State, whose duty it shall be to inquire into the subject, and to report recommending that plan, ~y which the schoolbooks in this State may be procured by the -people at the lowest possible cost.
PENSIONS.
Below is submitted a table showing the number of pensioners .and the amount paid for the past four years:

-WEDNESDAY, OcTOBER 28, 1896.

15

INVALID SOLDIERS.

Year ending 26th October, 1893 ----------3,222 Year ending 26th October, 1894 ----------3,235 Year ending 26th October, 1895 ----------3,369 Year ending 26th October, 1896----------3,372

$185,000 185,000 190,000 190,000

WIDOWS.

For the year ending 15th February, 1893.---4,068 For the year ending 15th February, 1894----3,997 For the year ending 15th February, 1895----3,939 For the year ending 15th February, 1896----3,919

$244,080 239,820 236,340 235,140

~DIGENT SOLDIERS.
For the year ending 31st December, 1896----2,0'00

$120,000

INVALID PENSIONS.
When the fund appropriated to pay this class of soldiers for 1896 was exhausted there were pending more than three hundred and fifty new applications, and the indications are now that five hundred new claims will be filed for payment next year. About three per cent. of those enrolled have died during the past year.
WIDOWS' PENSIONS.
For the past several years there has been- a slight decrease in the number of this class of pensioners. The act of December 16, 1895, embraced a class of widows who had not, up to that time, been pai~l. Under this law forty-five claims were approved. The death-rate for the past year is about 3! per cent.
INDIGENT PENSIONERS.
lJnder the act of December 15, 1894, as amended by the acof December 16, 1895, 2,000 claims have been paid for the

16

JOURNAL OF THE SENATE.

year 1896, which covered the appropriation of $120,000. l\iore than 5,000 applications were filed and passed on, anrl the indications are that a large number of original applications under this law will be filed for payment next year.
RELIEF OF THE EXECUTIVE DEPARTMENT.
There are on the rolls nearly 10,000 pensioners, and $545,140 has been paid them for the year 1896; besides there are constantly a great many new applications to be examined. To do this work intelligently, with justice to the State and the pensioners, every claim submitted should be thoroughly investigated and an impartial and correct judgment made. To do this involves an immense amount of careful and painstaking labor. It is a mistake to think that there is no further work after a claim is approved. Every single payment must be made with the thorough knowledge that the law is duly complied with, and every individual claim, whether enrolled or not, must be separately dealt with. Since the Constitution of 1877 was adopted, there can be paid no more than $6,000 for the secretaries and clerical force of the department, which was then thought to be the proper amount, and has been since then appropriated each year, yet the work of the department has more than doubled since that time, and it has now reached the point where it iR impossible, with its clerical force, to properly dispose of it. Governor Gordon, in his message to the General Assembly in 1890, urges the necessity of relieving the department, at which time there wereonly 3,"!.11 pensioners on the roll. He says: "The time has arrived when some method should be adopted to relieve the Executive Department." Governor Northen, in his message in 1891, repeats the suggestion made by Governor Gordon, and recommends the establishment of a pension office or department, and he says: "The growth of the State and the natural increase of labor incident to a proper administration of the laws, which

'VEDNESDAY, OcTOBER 28, 1896.

17

specially require the attention of the Governor and his secretaries, render it a matter ot impossibility that the pension laws be kept as at present." To do justice to the State and the pensioners, the General Assembly should put the pension business where it properly belongs-in the hands of a department or bureau established for that particular purpose. Taking in to consideration the number of enrolled pensioners and new claims, the cost of such department ought not to defeat it, as a much greater amount would he saved the State than would necessarily be expended thereon. Besides, it is due to the pensioners as well as the State, that their claims be speedily and justly disposed of.
EDUCA TIO~ AL INTERESTS.
Our common schools haYe made a decided advance in the last few years. It is gratifying to see that the State authorities have met with more substantial and enthusiastic co-operation from the maEses of the people than ever heretofore in our history. The efforts of the State School Commissioner have enlisted the interest of the people in this great work, and they are co-operating with him zealously and earnestly. There is, each year, a marked improvement in the character of schoolhouses and teachers; and a decided disposition, on the part of the more thrifty communities to adopt local school systems, which are supported largely by local taxation. I earnestly hope, however, that this disposition on the part of the people to look after the schools themselves will not permit the State, in the least, to check its pace in carrying forward the work of upbuilding and improving our schools, but that the State will continue to strengthen, increase, and perfect them.
The University of Georgia at Athens, the State Normal School at Athens, the Georgia Normal and Industrial College at Milledgeville, the School of Technology at Atlanta, the
2s

18

JOURNAL OF THE SENATE.

North Georgia Agricultural College at Dahlonega, are each doing a great work, in their respective lines, and I most heartily commend them to you as worthy of your encouragement and aid.
The failure of the State to aid the Middle Georgia Military 11nd Agricultural College at Milledgeville was greatly .to the .disadvantage of one of the most useful of the State's educa .tional institutions. This institution reaches a large part of our Bou thern territory which is not accessible to any one of the State's institutions for the education of boys. The State owns .this property, worth possibly seventy-five thousand dollars, which can only be made useful as a college, and I commend it .to your consideration.
TAX-COLLECTORS.
I respectfully recommend that the laws regulating the collection of taxes be so amended as to require the office of taxcollector to he conducted upon better business principles; and to require a more rapid transmission l)f funds collected to the State Treasury. There should be less opportunity afforded to the surety upon the bonds of tax-collectors to keep in custody or use the State's money. I further recommend the passage of a law which will make it a penal offense for any tax-collector to take the note of a taxpayer for taxes due. The injustice and dangers attendant upon the State's money remaining in the bands of the surety upon the tax-collector's bond, and upon a system which permits a tax-collector to increase his popularity by extending credits to the taxpayers, are too obvious to require any further statement from me, that you may see the necessity for the legislation which I recommend.
People have become so much opposed to going upon bonds of <:ounty officers, that many of our best officers are compelled to resort to some one of the organized surety companies, in order to .make the bonds required, before they can enter upon the duties

wEDNESDAY, OciOBER 28, 1896

19

()f the office to which they have been elected. These companies have no assets in this State, and are, so far as I know, residents of other States. In case of default, we must rely upon voluntary payment on their part, or we are compelled to go into the courts of other States, to enforce our claim. That this evil may be corrected, I recommend that no surety company be authorized to do business in this State until it has deposited with the State Treasury sureties worth not less than~$25,000, to be there held subject to any default for which it may be liable in this State.
ELECTION LAWS.
The decided ad,ance taken by our State in the passage of the Registration Law, recently enacted, has met with the hearty approval of the people of the State, and they hope for such ad,ancement in the reformation of our election laws, that no honest man's vote can be neutralized by a dishonest or fraudulent ballot. I earnestly urge upon you a thorough study of the election systems of other States, that such election laws that may be passed by you will be in harmony with the best methods of the day, and sene to secure honest elections and a government wherein the ballots of honest men will certainly control.

LYNCHINGS, PUXISH:IIENT OF CRDIINALS, SPEEDY TRIALS AXD COURT PROCEDURE.
Since the last session of the General Assembly the courts have been permittt>d to try several cases in which the offense committed aroused to their depths the passions of the outraged community, and when the temptation to resort to "lynch law" was strong. In each instance the courts have justified the confidence of the people, a~d law has been administered in a way to increase respect for and fear of its decrees. In a number of cases lynch law has been resorted to, where the

20

JOUllNAL OF THE !:5ENATE.

offense committed was upon women. !n one of these casE's the party accused was in court on trial. He was taken from the court, while in session, by a mob, and hung in the streets of one of our principal cities, where the arm of the law is supposed te> be strongest. To say that, on account of this, the character oi our people and of our civilization suffered greatly in the estimation of the civilized world, tells the truth but mililly. I am firmly of~he opinion that to check such lawlessness new legislation is needed, and that it is your duty to enact it. Innocent men have suffered at the hands of lyncher.:;, and, unless lynchings are stopped, other innocent men will suffer. Guilty men, it is true, have suffered at the hands of lynchers; but these sameguilty men would have suffered at the hand of the law, and the punishment inflicted by the law would have been far more. effective in preventing similar crimes.
I am of the opinion that it would be better for us to amenit the law providing for the punishment of assault with intent te> rape, and make it punishable with death, just as rape is punished, leaYing it to the jury to recommend imprisonment in the penitentiaries for a term of years, if, in their judgment, such punishment is adequate. Death is not too severe a penalty for the fiend who deliberately makes an assault upon a woman; and the knowledge that the criminal cannot be bung for this offense has, doubtless, often aroused that indignation, which has led the outraged community to take the law in their own hands, anti inflict the punishment.
After a trial of some years, I am, after careful consideration~ led to the conclusion that the law passed several years sincP, which abolished public hangings in this State, of which I approved at the time, was a mistake. I am still of the opinion that the impulse which leads people to eagerly seek to see oneof their fellow beings hanged upon the gallows is not a nohie one. But we must deal with people as they are and not as they

wEDNESDAY, OcTOBER 28, 1896.

21

10hould be. I believe that ten private hangings are not so effective in deterring evil-doers and in comru~nding fear of and re.-spect for the law as one in public. To return to the old law, which left it to the di~cretion of the circuit judge to provide for -either private or public hanging, would, I think, be a proper -()Ourse. This can safely be left to the discretion of our judges. In my opinion public hanging will aid in the suppression. of crime and have some effect in discouraging mob law. In order :that the officers of the law and the substantial citizens of a -county may have material and. personal interest in securing a JJubmission to the law and the courts, in eYery case, I recoru .mend the passage of an act which will authorize the Governor to remove fioru office any arresting officer from whose custody any defendant is taken by a mob whenever, in the opinion ot' the Executive, the arresting officer did not use due diligence or resort to the necessary force to protect the prisoner and keep him in custody; and that, in e\"ery instance where a "prisoner is taken from the custody of an officer and lynched, the administrators of the deceased shall have the right to recover from the -county, in whose service the officer is, the full value of his life, which in no case should be less than $1,000.
Our laws which proYide for more expeditious trials of criminal cases have been of great value, but what we need to secure prompt justice to all and inspire the people with confidence in -<>ur courts is the speedy trial of all cases civil and criminal.
I desire to say to you, in perfect candor and frankness, that I <lo not believe that confidence in the speedy administration of the criminal law in our courts can be established by the expeditious trial of' that particular class of cases only. The people will not discriminate in this way, as they view it, the courts are -either slow or prompt. Our entire judiciary system needs overhaul'ng. Justice should be more speedy, trials more prompt :in every class of cases. Justice should not permit, nor public

JoURNAL OF THE SENATE.
sentiment tolerate, the continuance of a case for six months (from one term of court to another), because at the moment the case is called some reason exists why the case cannot be tried, which can be removed by taking it up at a subsequent time. One of the first steps to be taken to accomplish this needed reform, is to .equalize the work of the judges of the Superior Courts. Their pay is the same, yet some of them do four or five times the work done by others.
CONVICT LEAEE SYSTEM.
The present lease contract with the present lessees of the penitentiary convicts will expire on the first day of April, 1899. The number of convicts has grown from 1,230 at date of lease to 2,357. To permit the necessary arrangements to be made for .the protection, care and employment of this large number we should de_cide, considerably in advance of the expiration of this lease, what diposition is to be made of them. I advise that such steps be taken by you at your present session as will enable you to secure all needed information to act upon this question at your session of 1897.
The people of this State will not and should not tolerate there-enactment of the lease act now in force. Under whatever plan that is adopted the young criminals should not be confined with the older and more desperate ones, but should be placed in a reformatory, where punishment may be inflicted upon them under circumstances which will bring to bear such moral and Christian influences, that we may reform their characters and restore them to society as good citizens. As this question can not be disposed of at the present time I do not think it advisable that I enter upon an elaborate discussion of suggested plan at this time.

-WEDNESDAY, OcTOBER 28,_ 1896.

23.

COUXTY CHAIN-GANGS,
It is unquestionably true that under the present system, the-
convicts in the penitentiary are, as a rule, better fed, better-
clothed , better housed, better preached to, and more humanely treated than the convicts in the county chain-gangs. I call your
attention to this class of convicts, and respectfully suggest that
you authorize the appointment of an additional officer in the
Penitentiary Department, whose duty it shall be to look after
the misdemeanor convicts of the State, and see that they ar&
justly and humanely treated. Attached hereto is a copy of a report made to me by Hon. R.
F. Wright, in 1895, to which I invite your attention. In transmitting that report to your predecessors, I said :
"In my communication to you in 1894 I recommended that provision be made for State supervision of misdemeanor convicts. After the adjournment of the General Assembly reports reached me touching the management of these convicts, which indicated such a state of affairs that I felt it my duty as the Chief Executive of the State, charged with the obligation to see to the proper enforcement 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 upon by you. "To perform this important work, I engaged the Hon. R F. Wright, who had faithfully and efficiently performed the duties .of Assistant Keeper of the Penite~tiary during the term of my immediate predecessor, to visit each camp in the State wher& mi8demeanor convicts were worked, and make a thorough investigation and report to me.
"This task he has partially completed, and I herewith hand 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.

24.

JouRNAL OF THE SENATE.

"There is but one remedy for the deplorable conditions now existing, and that is through State supervision, by which uniform treatment can '!Je required under one set of rules enforced by our Penitentiary Department. I ask that yon give this valuable report, which I now submit to your careful consideration, and to the subject upon which it bears, that attention which its importance demands. The special report made to me upon each eamp visited gives in detail result of Mr. Wright's investigation and is subject to inspection by such committee as may have in charge legislation upon this subject."
ST.A.TE MILITIA.
In the past the State has made meager provision for the equipment and encouragement of the militia. I sincerely hope that this branch of the State government will receive the proper consideration and more liberal encouragement than has heretofore been extended to it by our General Assemblies. No civilized government has existed, or can long exist, which does not sustain a military force adequate for its own protection and for the enforcement of law. During my administration we have frequently called upon the military to support the civil authorities, and in every instance the State troops have conducted themselves admirably, and proven that they were worthy of your aid and encouragement.
THE SCOTT AND H.A.YES BONDS.
I am in receipt of a letter from Hon. Charles C. Kibbee in behalf of the payment by the State of the bonds known as the Scott and Hayes bonds. The letter to which I refer statE's briefly the case in behalf of the holders of the bonds, and is attached hereto that you may read and consider its contents. These claims have been presented to the General Assembly frequently heretofore, and no definite action has as yet been taken upon them. I suggest that your body thoroughly investigate the

\VEDXESDAY, OcTOBER 28, 1896.

25

merits of these claims and take definite action either for or against them. If any reason can be found why they should not be pai<i that reason should be known, declared to be true by your body, and this controversy brought to an end. If no such reason can be found we should promptly arrange for their payment, and not longer permit this cloud to hang over the State. The people of Georgia are not opposed to paying their honest debts, and 'viii not censure, but applaud, their representatives who aid them in the maintenance of their honor as a people.

REPORTS FROJ\I VARIOUS DEPARTJ\IENTS AND STATE INSTITUTIONS.

I herewith transmit to you reports froin the public institutions

of this State, to which I invite your attention. I also lay

before you reports from the various departments of the State

government, all of which coutain interesting information and

valuable suggestions, which I trust will recehe that considera-

tion to which they are entitled. These efficient, faithful and

able public servants have devoted themselves unselfishly to the

intHests of the State, and have considered thoroughly the

recommendations which they have made. I respectfully ask

that you take suitable action upon the recommendations made

by each of them.

W. Y. ATKINSON,

Govemo;,

26

JouRNAL oF THE SE~ATE.

REPORT
OF
R. F. WRIGHT
On the Condition of the Misdem~anor Convicts of the State.
To His Excellency, W. Y. Atkinson, Governor: Sm :-Having been requested by you to report on the 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 chain-gangs, located in the following counties: Oglethorpe, Coffee, Dooly, wilcox, Lowndes, Echols, Laurens, Baldwin, Putnam, \Vill~es, Newton, Jasper, Morgan, Berrien, Lee, Irwin, Pulaski, \Vashington, \Yare, Thomas, Emanuel, Jeffer3on, and Greene, and to the best of my ability, investigated each thoroughly and conscientiously, with the single idea <>f ascertaining and reporting the true condition of each, and of the system 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 bas recently held to be illegal, and of the remaining seven, five are regularly organized county chain-gangs, and two. are worked jointly by county and municipal authorities.
The total number of convicts impr:soned in these gangs is

wEDNESDAY, OcTOBER 28, 1896.

27

seven hundred and ninety-five (795), of which there are twentyeeven white males, no white females, seven hundred and fortynine (74n) 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.
ThesB convicts are employed in farming, saw-milling, brickmaking, turpentine farms, and a few on public roads.
In the private gangs wherP the convicts are leased or hired to private individuals, the hire per month ranges from three to six dollars per capita, the average being about five dollars 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 quarters.
There are among this number many convicts still under their majority, and I found eleven under the age of fourteen.
Very little attention is given to the comfort or eanitary condition of the sleeping quarters; some sleep in rude houses with no floors, some in tent~ 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 preventing escapes, comfort and sanitary conditions being entirely ignored.
With few exceptions, I found no hospital buildings for the sick, and no preparation for their care, comfort, or medical treatment.
In fact, it seems to be expected that misdemeanor conv"ct;; never get sick, or require no treatment if they do; one superintendent having boasted that in his gang, which averages twentyfive convicts, "he had not had a physician in fi\e 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

28

JOURNAL OF THE SENATE.

camps, I found physicians 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 fed, but gener-

ally the food, which consists of cornbread and fried meat, with

no change from day to day, is scant and meager, and really in-

sufficient to sustain health and strength.

The clothing is generally scant and filthy, some convicts go-

ing weeks without a change ; hence vermin of all kind are not

infrequent.



At some camps, only cotton clothes are used winter and sum-

mer, and at a number of camp3, the convicts had no clothes

except what they were then wearing.

I found female prisoner;; working side by side with their male

confederates, dressed in full male attire, the authorities claiming

that "this mode of dress was less in the way, and besides it

seemed to be the tendency of the 'new woman."'

'Vitb 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 cJnvicts have

been held beyond the term imposed by the courts; but, t'rom

my observation, taken in connection with other facts which will

hereafter be mentioned, I am satisfied such cases occur not in

frequently.

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 has doubled without indictment, trial,

or authority of law, as I was reliably informed. The act of 1884

allows a convict commutation of four days off of each month for

good behavior, or forty-eight days off of a twelve months' sentence.

I find that 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 camps I found no regular whipping-boss, but all

-WEDNESDAY, OcTOBER 28, 1896.

29

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 visible 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 barbarous. :Many similar cases came under my observation.
The de:tths for the past twelve months, so far as could be ascer tained, 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 which this data or any other could be ascertained.
Escapes are very frequent, there having been ninety-eight reported to me at the camps visited during the past twelve months, or more than twelve per cent. of the whole number confined therein.
'Vith this report I send in to Your Excellency the details of my investigaticn of each camp, upon which this general report is based, and which will give some idea of the scope of the in ves tigation 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 Excellency for endeavoring to procure some legislation which will bring this system into order ami regularity, properly punish the unfortunate criminals, but at the time afford them protection and humane treatment. It is a cli~grace to civilization that, when most of the misden1eanor con\icts go from the courts to the chain-gangs, they are sold bodily for the term of their sentence, often to private parties who are respon~ible tu no one for their treatment.
Many of the lessees I found to be g.1od business men, intelli-

30

JOURNAL OF THE SENATE.

gent 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 powerless 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 comprehensive report, going more in detail, and gi\'ing 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 honor of sub3cribing myself, Yery truly yours, R. F. WRIGHT.

WEDC\ESDAY, OcTOBER 28, 1896.

31

JUDGE KIBBEE'S LETTER.
'To His .Excellency, TV. Y. Atkinson, Atlanta, GeoTgia :
GoYERXOR :-For the past ten or twelve years I have presented to the General Assembly of the State of Georgia bills which had in view the recognition and payment of certain bonds of the State. These bonds, for which payment has been sought, -are as follows:
FiTst. Bonds which were part of an issue made in behalf of the State Road, and are signed by Charles J. McDonald, Go,-mnor, and J. Crawford, President of the Commissioners of the \Vestern and Atlantic Rail wad ; they bear date January, 1840--!1 {and became due respectively in 18/0-71), bearing interest at the rate of six per cent. per annum. Authority for the issue of these bonds is given in section 6 of an act approved in 1837, page 210. Interest coupons were attached to said bonds, but no coupons now remain, all having been paid.
The second class of these bondd are known as conYention bonds. There are sixteen of these, each of the denomination -of $500. They are signed by Charles J. Jenkins, Governor, -dated February 1, 1866, and due five years after date.
All of the aboye recited bonds appear to be regular, and have the great seal of the State affixed thereto; a record of each one of them appears on the books of the Treasury Department as -outstanding and unpaid, and the same books disclose the fact that the coupons representing the interest on said bonds \Yere regularly paid until their maturity. Amongst the documentary -evidence supporting the yaJidity of theoe bonds and the fact that they are genuine, outstanding, unpaid obligations of the State, I have the original certificates of the following Treasurers, to wit:
First. That of Hon. D. N. Speer, dated August 22, 1881. Second. That of the Hon. J. \V. Henfroe, as ex-Treasurer 1>f the State, dated August 28, 1889.

32

JouRNAL OF THE SENATE.

,
Third. That of the Hon. R. U. Hardeman, dated August 29,. 1889.
Each and all of said Treasurers certify, that these bonds ap- pear upon the records of the State as being outstanding, past. due, and unpaid bonds. Hon. J. 1rV. Renfroe, in his certificate,. states as the reason for his non-payment of said bonds that he had been informed that they had not been presented for registration within the time prescribed by the General Assembly, iu an act approved l\Iarch 2, 1875. He adds, however, as above stated, that they appear on the record of bonds in the treasury as outstanding, past due bonds, unpaid.
Doctor J. T. Bozeman, who was the fiscal agent of the State and the act\ng treasurer, having reported that the Convention bonds were not presented for registration within the time fixed by law was the occasion of ex-Treasurer Renfroe's declination to pay the Convention bonds. A subsequent examination of the treasurer's books, however, showed absolutely and conclusively that Dr. Bozeman not only receipted for these bonds, describing them by number, denomination, and date, but that he recorded them as having been registered on the book prescribed by law for their record. In addition to these records, I hold Dr. Bozeman's original receipt for the bonds, his certificate that he placed them on record and that he turned them over to the agent of the owner prior to the time fixed by law for registration.
In the matter of the McDonald bonds, the documentary evidence shows that these were lodged with the Executive Department by C. A. Nutting, who was then the chairman of the Finance Committee of the House, and by whom the same was presented to the Governor and Treasurer long prior to the expiration of the time fixed for registration. This evidence is supported by the affidavit of Mr. Nutting; by the affidavit of l\Ir. Scott, the owner of the bonds; by the affidavit of R L. Briggs, tracing continued ownership from about November 27, 1868, to the time they were purchased by 1\Ir. E. P. t::icott on July 1st and 8th, 1874; and the further affidavit of Mr. Scott that he had held said bonds up to the present time from the date of his purchase, as afoesaid. As in strict law these bonds should

\VEDNESDAY, OCTOBER 28, 1896.

33

have been placed with the Treasurer before August 1, 1875, one of the questions presented to the then Attorney-General, Ron. \Vm. A. Little, was, as per extract from his report:
" Do the affidavits and evidence presented by Scott, the originals of which are on file in the Executive Department, rebut the presumption created by the non-compliance with the act of 1815, in relation to p1esentation for recotd before August 1, 1875, that prima facie sai<l b~nds wete paid and fraudulently reissued? " I think so.
A non-compliance with the terms of the act was not conclusiye but prima facie, and simply put upon the holders the burden of removing this presumption. If there be any truth in the witnesses, the bonds were sent for record before the time expired, together with the proof of ownership of $8,500 for se\eral years, and that before August 1, 1875, this information was in fact conveyed to the Governor and also to the Treasurer.
I am of the opinion, therefore, that the presumption rai;;ed by a non-compliance with the terms of the act of 1875, being only prima facie, is rebutted by the evidence of good faith, intention, and effort to comply with the law by holders and that the bonds should be relieved of this presumption and be further considered on their merits.
The next question which would atise is, are either of these two classes of bonds within the description of those against the payment of which a constitutional bar is imposed?
A reference to par. 1, sec. 2, art. 7 of the Constitution of 1877. and to the constitutional amendment, declaring bonds void, discloses that neither of these two classes of bonds are within the prohibited descriptions. In this connection, counsel for E. P. Scott & Co. has called my attention to a letter from Hon. T. J. Simmons, dated July 25, 1879, in response to an inquiry whether the bonds held by E. P. Scott & Co. were before the Finance Committee of the Constitutional Convention in 1877, Judge Simmons being chairman of that committee. In his reply the following information was given : " The original report of the Committee on Finance prescribed what bonds were legal and valid and declared all others not enumerated void. This report was subsequently modified and REsumed its present constitutional
3s

34

JOUHNAL OF THE SENATE.

form because the attention of the Committee on Finance wM called to the fact that the bonds then held by E. P. Scott & Co. were outstanding and unpaid, had not been included in any act or resolution of the General Assembly declaring bonds of the State illegal, null and void, and were thought to be valid bonds. The bonds were beforE' the committee and the discussion upon their merits gave rise to the above change."
Without makin~ further reference to the report of the Attorney-General, I briefly submit to Your Excellency a summary of his conclusions.
"1st. They are certainly genuine and the State teceived value for them. 2d. They were authorized to be issued by law. 3d. They were duly entered on the books of the Treasury which show the coupons to have beeri paid. 4th. They were preseutetl for registration or satisfactory vroof made of an effort to present them in good faith in compliance with law. 5th. They were not in the class of outlawed bonds. 6th. If the evidence of men presumed to be credible is to be taken as true, they could not have been taken up and;reissued at the time and by the person suggested. 7th. Because it nowhere appears that the State has given credit to any agent or officer for the amount of these bonds as having been paid by him. 8th. They are promises of the State of Georgia to pay, and these promises stand good until .clear proof be made of fraud and invalidity of the promise."
The Attorney-General, having stated that he had failed to find any reasons indicating that the bonds were ill\alid, closes his report with these worJs: " It is my opinion that all the .bonds referred to are legal and valid obligations of the State."
Permit me to add to this presentation of the claim of the -owners of these bonds, that every Finance and sub-Finance Committee of the House, to whom the question has been submitted, has approved the payment of these bonds. No adverse report llpon them has ever been made; and in addition to the favorable report of the Finance and sub-Finance Committees of 1893, a special committee was appoiuted by Your Excellency, of one from each Congressional district, not only to review the favorable action of the Committee and a sub-Committee on Finance of that year, but also the report of the Attorney-General, and this committee unanimously reported in favor of these bonds.

WEDNESDAY, OcTOBER 28, 1896.

35

I respectfully call your attention to the report of this special committee, because they had before them not only the documentary evideuce heretofore referred to, and also the report of the Attorney-General, but said committee entered upon new lines of investigation. They had Mr. Scott appear bsfore them in person, and examined not only the records of the treasury, but also those of the Executive Department, and verified the facts set out in the Attoruey-General's report
The conclusions of the special committee are summed up in the following extract, taken from their report, which may be found on pages 419 and 420, Journal of the House, 1893:
"For nPw, nearly twenty years the holders of these bonds have been pressing them f'or payment. They have been subjected to the scrutiny and examination of the State in every department of the g1nernment under the pressure of the demand for payment by the owners, and nothing has been lmmght to light affecting their genuineness or the validity of their issue. The records of the State show them to be outstanding and unpaid. They are not included in any of the bonds declared in valid by constitutional or legislati\e enactment
"Your committee have carefully examined the opiuion of Hon. W. A. Little, Attorney-General, on the validity of these bonds, made October 26, 1892, under resolution of the General Assembly of 1890 and 1891. The facts concemiug these bonds are therein fully set forth and have been verified by your committee, and they concur in the opinion expressed, that these bonds are 'legal, valid obligations of the State. '
'' 1L seem l to your committee that there is no reason lungar to delay an adjustment of these bcmds with the holders, and that justice, as well as the credit of the State, demands it.
"The terms of adjustment as proposed by the owner.;; and set forth in the bill referred are fair and reasonable, and should be accepted by the State in its enactment."
In order that Your Excellency may have before you the specific number of each class of bonds sought to be paid, I herewith submit them:

36

JOURSAL OF TilE ~EXATE.

CONVENTION BONDS.

Numbers 43; flO to 72, both inclusive; 80 and 260. They were issued by authority of an ordinance passed at a convention of the people in 1865, and all of these bonds be:1r date February 17, 1871. That neither these nor tho;;e known as McDonald bonds are ineluded in any the list of invalid bonds. ~ee amendment to State Constitution, page 132!), Code of 1882; Acts of 1S75, pages 13, 14, and 29; Acts 18/G,
page 9; Acts 1887, rage 2-!; Acts 1872, pages 5, 6, 7, and o.

lll'DONALD OR W. & A. R. R. BONDS.

These bonds, as heretofore stated, are dated January 18-!041; matured January, 1870-71, and are as follows:

Numbers 10, 12, 13, 14, 44, 49, .

$1,000.00 each.

" 54, 59, 01,

$iJ00.00

"

24,23,;~; 6.:69, , I""'' I ,

~4, 178,5214,2~3, ~91,
I , , J, 0 ,

4491:,
,

1f

$250.00

"

I have only outlined in this communication the character of the evidence supporting these bonds, and a summary of legi,o;lative action thereon. The question may be asked, howe\"er, why, with this mass of evidence, there was any delay in applying to the Legislatu1e for payment? The an:'wcr is, first: Every well-informed Georgian knows that at the tlate of tl,e maturity of these bonds the State was not only without funds to pay its past clue bonded debt, but had to borrow money by pledging the revenues ot the \V. & A. Ibilroad until it coultl make provision by law to fund the old debt autl pay current expemes.
Nu permanent provision for the payment or funrling of any bill was made until 187J, when the Le~isbtnre p:t.~sed what is commonly known as the Nutting Bond Bill, authorizing the funding of old bonds in new 8 per cents. This bill, however, furni8hed. no relief, because Treasurer Jones, on the 2oth day of ::'.Iay, 1873, i8sued a circular letter of that date notifying holders of these bonds "th:1t no old oc.nds would be taken up with cash or currency until the entire iesue of new bonds was disposed of." ~re ~t)PY of Treasurer';; circular letter accompanying "Audit of City Bonds," page 13.

\VED:ESDAY, 0CTOBint 28, 1896.

37

Early in 1875 the treasurer aj!;aiu notified the holders of old bonds that payment would be made upon certain proofsubmit ted, aud on March 2, 1815, the Legislature suspeuded all payments until presentation for record. The bonds I hold have been year after year submitted to the Legislature. The State has not only had .value received for them, but petitioners bought them before maturity in open n1arket and without notice of any defect in form or substance, if any there be.
I respectfully submit that the ~t.ate should pay every obligation that one citizen would be bound to pay another undet similar circumstances; and the fact that the right of appeal to the courts is denied to creditors of the State is based upon the idea that she will always be ready to do justice to the creditors to the fullest extent, and meet and pay all obligations for which she is legally or equitably liable. Under the facts submitted I respectfully ask that in your message to the General Assembly the claims of the holders of these bonds may receive such recognition or recommendation a:s Your Excellency may think they are entitled to.
I am respectfully yours,
CHAS. 0. KmnEE.

38

J OUR~AL OF THE SENATE.

On motion of Mr. Batt.le, five hundred. copies of the foregoing annual message were ordered to be printed for the use of the Senate.

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

JJ!r. President:
I am directed by the Honse of Representatives to inform the Senate that the House has perfected an organization by the election of the Hou. H. A. Jenkins, of the county of Putnam, as Speaker; the Hon. \V. A. Dodson, of the county of Sumter, as Speaker pro tern., .Y1. A. Htudin, Esq., of the county of Fulton, as Clerk; Hon. J. A. Boothe, of the county of Cobb, as Messenget; Mr. W. H. Williford, of the county of Fayette, as Doorkeeper, and are uow ready to proceed \Yitl1 the regular business of the session.

The House has adopted the following joint resolution, to wit:
A resolution that the House and Senate conYene in joint session to-morrow, Thursday, 29th inst., at 11 o'clock a.m., for the purpose of opening the returns of the State election and declaring the result.

Also, a resolution,
Resolved, by the House, the Senate concurring, That a committee of three from the Senate and five from the House be appointed as a Joint Committee on Inaugural.

The House has concurreu in the following resolution of the Senate, to wit :
A resolution appointing a committee of tlHee from the Senate and five ftom the House, to notify the Gov-

THURSDAY, OctoBER 29, 1896.
ernor of the organization of the General Assembly, and has named on the part of the House, Messts. Fogarty, chainuan, Hew let Hall of Coweta, S. A. Reid of B~bb,
vV. A. Chartets of Lumpkin, and Felder of l!"'ulton.
A joint resolution of the Honse ptoviding that the General Assembly shall convene in joint session at 11 o'clock to-mottow, to open, count and declare tile vote of the last State election, was on motion taken up and COnCUl'l'ed in.
The resolution from the House, providing a committee of thtee ftom the Senate and five ftom the House on inaugtual ceremonies, was also taken up, read aml concurred in.
The Senate having disposed of all business on the desk of the Sectetary adjou1ned, on motion, until 10 o'clock a. m. to-morrow.

Senate Chamber, Atlanta, Georgia, 'l'hursday, October 29, 1896, 10 O'clock a.m.

The Senate met pursuant to adjoumment, and was called to order by the President, the Hon. Robert L. Bel'ller.

Prayer was oftered by the Chaplain.

On the call of the roll the following Senators ans"'ered to their names :

Atkinson, Allen, Brooke, Battle, Brinson,

Geiger, Goldin, Gray, Golightly, Ham,

Starr, Stewart, 27th, Stewart, 34th, Strother, Thomson,

40

J Ol:H;\AL OF TilE SEN ATE.

Bl~lock,
Comas, Cook, Culver, Carter, Castleberry, Dunwody, Everett, Flewellen, Flynt,

Hopkins, Hudson, Kemp, Kilpatrick, McFarland, 1\:Iann, Redwine, Sheffield, Stevens, Shropshire,

Turner, Van Buren, Wooten, Walker, 13th, Witcher, Wilcox, \Vestmoreland, Walker, 40th, Mr. President.

Mr. Hopkins offered the following report :.

Mr. President:
'rhe Special Committee to whom was refel'l'ed the resolution by Mr. Battle of the Twenty-fourth, pro,iding for the appointment of six pages and three gallery keepers by the President of the Senate, and fi,e porters by the Secretary of the Senate, have had the same under consideration, and have instructed me to report the same t,o the Senate, with the recommendation tl1at the resolution be adopted.
H. W. Hopkins, Chairman.

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

The following communication was received from the

Secretary of State :

Office of Secretary of State,

.Atlanta, Ga., October 29, 1896.

Hon. President of Senate :

.

I here,vith transmit, in accordance with law, the elec-

tion returns fot Governor and State House officers, which

was held at the general election in this State on the

7th inst.

Very respectfully,

.A. D. Candler,

Secretary of State.

THUUSDAY, OCTOBER 29, 1896.

41

:\Ir. Battle introduced the following resolution which was read and agreed to :
Re.~olved, That the election returns for Governor anti State House ofiicets, which ha,e been tnlllsmitted by the Secretary of State to this body, be immediately transmitted to the House of Hepresentatives as provided by law.

At the hour of 11 o'clock a.m., the President announced tl1at the time had al'l'ived for the Seuate and House to meet in joint session by joint resolution adopted yesterday.
Whereupon, the Senate, in a body, preceded by the Presideut and the Secretary, proceeded to ~he House of Hepresentatives.
Being announced by the Doorkeeper, they were received by the House of Representatives standing.
The President took the chair and called the Generttl Assembly to order.
The Secretary read the joint resolution under which the joint session was con,eued, showing the purpose being to count and declare the election retums for Goy-el'llor and State House officers.
Tellers were then appointed, and the General Assembly proceeded to open and count the votes.
At the hout of 12:30 p.m. the General Assembly was -dissohed to meet again at 3 o'clock p.m., to continue the work of the moruiug session.

The Senate retmnecl to its chambet and was called to <)tder by the President.

42

JOURNAL OF THE SENATE.

:Mr. Dunwody, chairman of the special committee to notify GovertJot Atkinson of the orgatJization of the Senate, submitted the following report:

Jir. President :
The committee app-ointed undet~ tlJEl resolution offered by SetJatot Dunwody to notify His Excellency, Governor W. Y. Atkinson, that the Senate was organizetl tor business, beg leave to teport:
That the Senate committee, with the committee appointed from the House, notified the Governor that the General Assembly was organized, and he requested the committee to rep01t that he had no communication to make at the present time, but would do so in writing later on in the session.
Respectfully submitted, H. I!~. Dunwody, Chaitmau.

The Senate adjoumed, on motion, until 10 minutes before 3 o'clock p.m.

Senate Chamber, Atlanta, Georgia, 2:50 O'clock p.m.
The Senate met pursuant to adjournment, and was called to ordet by the President.

On the call of the roll the following Senators were present and answeted to their names :

Atkinson, Allen, Brooke, Battle, Brinson, Blalock, Comas,

Everett, Flynt, Geiger, Goldin, Gray, Golightly, Ham,

Ma11n, Redwine, Sheffield, Stevens, Shropshire, Starr, S ewart, 2ith,

THuRSDAY, OcTOBER 29, 1896.

43

Cook, Culver, Carter, Castleberry, Dunwody,

Hopkins, Hudson, Kemp, Kilpatrick, l\fc Farland,

Those absent were :Messrs.-

FleweHen, Stewart, 34th, Strother,

Thomson, Walker, 18th, Witcher,

Turner, Van Buren, 'Vooten, 1Valker, 40th, Mr. President.
Wilcox, Westmoreland.

A quorum was found present.

The Ptesideut annouucecl that the time had arrive(l for reconveuiug in joint session; wheteupon, the Senate in a body, pr~ceded by the President and Secretary, repaired to the House of Representatives, where, being received by the House, the Ptesident took the chait and ealled the General Assembly to order.

The business of the morning session was resumed:

At the close of the count the following declaration of the result was made by the President, viz.:
For the office of Governor, the Hon. W. Y. Atkinson received 120,827 votes; the Hon. Seaborn Wright received R5,832 votes. 'l'he Hon. W. Y. Atkinson having received a majority of all the votes cast was declared. duly elected Governor for the ensuing term.
For the office of Secretary of State, the Hon. A. D.
Candler reeeived 132,000 votes; the Hon. J. A. Parsons
received 76,453 votes. The President declared the Hon. A. D. Candler duly elected Secretary of State for the ensuing term, he having received a majority of all the votes cast.

44

.luL'lt:'iAL OF THE SENATE.

For Compttoller-Genetal, the lion. "Wm. A. Wright received 132,022 votes; tl1e lion. S. J. Bell received 75,468 votes. 'fhe lion. Wm. A. Wright having recei,ed a majority of all the votes cast was deelured duly elected Comptrollet-General for the eusuiug tem1.
For the office of 'freasurer, the Hon. \V. J. Speet received 132,632 votes; the Ron. W. C. Sibley recei,erl 76,136 votes. The Rou. W. J. Speet ha,iug received a majority of all the votes cast was declared by the President duly elected Treasure1 of the State for tl1e ensuiug term.
~,or the office of Attorney-General, the Ron. Joseph M. Terrell received 131,113 votes; the Hotl. D. II. Clark recehed 73,602 ,otes. The Hon. Joseph ~1. Terrell having received a muj01ity of all the votes cast was {leclated by the Ptesilleut duly elected Attorney-Geneml for the ensuing term.
For the office of Commissionet of Agticnlture, the Hon. Robert '1'. Nesbitt received 131,942 votes; the Hon. \V. E. Smith received 76,433 votes. The Ron. Robert T. Nesbitt having teceived a majol'ity of all the votes cast, was declared by the Presi<lent duly elected Commissioner of Agricnltme fot the eusuing term.

The President then announced that the business for which the joint session of the General Assembly ha<l been convened was completed, wheteupon, on motion of Mt. Turner of the Senate, the joint session was dissolved.

The Senate retnmed to its chambe1 an<l being called to order by the President, adjoul'lled, on motiou, until 10 o'clock n. m. to-monow.

FHIDAY, OCTOBER 30, 1896.

45

Senate Chambel', Atlanta, Geotgia, Ftiday, October 30, 1896, 10 O'clock a.m.

The Senate met pursuant_ to adjournment, the President presiding.

Ptayet was oflel'ed by the Chaplain.

On the call of the roll the following Senatol's answered to tlJeit names:

Allen, Atkinson, B:tt.tle, Blalock, Brinson, Brooke, Carter, Castle berry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Gei~er,
Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffielt.l. Shropshire, Starr,

Stevens, Stewart., 2ith, Stewart, 34tb, Strothe, Thomson, TnrnE-r, Van Buren, Walker, 18th, Walker, 40th. Westmoreland, Wilcox, Witcher,
'Vooten, l\1 r. President.

Mr. Gray inttoduced the following joint resolt1tion :
Resolted by the Senate, the House concurring, That the General Assembly meet in joint session at the hour of 11 o'clock a.m., this date, for the purpose of electing Judges and Solicitol's-Geneml.

This resolution was tempor~wily withdtawn to await tlte repol't of the committee ou officers to be elected at this session.

The following message was receiYed ftom the House thl'Ough Mt. Hardin, the Clerk thereof:

46

J OUlt~ AL OF THE SEN ATE.

Jl1r. Pres-ident:
The House has adopted the following joint resolution iu which the concurrence of the Senate is asked, to wjt:
A re~olution providing for a recess of the General Assembly from November 1st to Novembet 5th; also, ptoviding for the election of Judges and Solicitors- General, and to convene the General Assembly in joint session.

Also, a resolution, ditecting the Sectetary of the Senate and Clerk of the House to prepare and disttibute a manual of the General Assembly.

This resolution was taken up and concuned in.

The following message was received from the House tltrough ~h. Hat<.! in, the Clerk thereof:

'l'he Honse has concuned in the following resolution of the Senate, to wit:
A resolution appointing a committee from tlte Senate and House of Representatives to iuquire what pnhlic officers are to he ele!!ted at this session of the Genetal Assembly. 'l'he committee on the patt of the House me, Messts. Slaton of Fulton, Mcldl'im of Chatha111, an<l \Vest of Lowndes.
The joint resolution from the Honse prodding fot a l'eccss of the General Assembly fl'Om Nov. 1st to .Xov. 5th, 1896, on account of the national elections, and t'uttlwt providiug to take up the election of Jndgcs and Solicitots-Geneml on Nov. 5th, 1896, in joint :>esswn, was taken up on motion.

FRIDAY, OcTOBER 30, 1896.
Mr. Turner moved to divide the question so as to net fitst ou the proposition of adjournment, and mmed to amend by sttiking "four" in the 8th line and insetting "three." Also, by striking "and fout'th" in the 9th line; also, by striking "Thursday, the 5th" and inserting "\Vednesday, the 4th" in the 11th line; also, by striking "font" whereyer it occurs and insert "three."
The amenclmeuts offered by Mr. Tumet wete adopted.
:\11-. Gray offered as a substitute for the last section, the following:
Resolred, by the Senate, the House concurring, That the General Assembly meet in joint session at the hout of 3 o'clock p. m., this date, for the purpose of electing Judges and Solicitots-Geueml.
This amendment was adopted, but subsequently reconsidered.
Mr. Dnnwody mo,ed to adopt the last clause of tlte resolution by sttiking out "Thursday" and insettiug "\Vednesday, the ..J:th inst."
The amendment was adopted, and tlte joint resolution of the House as amended was concutTed in.
Lea,e of absence was gmnted Mr. Walket of the Eighteenth District, until Satutday, the 7th inst.; to Messts. Golden, Cat'tet aud Kemp for to-monow.
The Senate, on motion, adjourned until 10 o'clock
~1. Ill., tOIllOITO\\'.

48

JOURNAL OF THE SE:S ATE.

Senate Chamber, Atlanta, Ge01gia, Saturday, .October 31, 1896, 10 O'clock a. m.

The Senate met putsuaut to adjournment, the Ptesident in the chair.

Prayer was offered by the Chaplain.

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

A lien, AtkinEon, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Slwffield, Shropshi e, Starr,

Stevens, 'Stewart, 27th,
Htewart, 3-Ith, Strother, Thomson, 'furoet, Van Buren, Walker,"18th, Walker, 40th, Westmoreland, Wilcox, Witcher, Wooten, Mr. President.

The J ourual was read and appro,ed.

The following message was received from the Hon;:e th1ough Mr. Hardin, the Clerk thereof:
JJJr. President:
The Honse has concurred in the Senate amendments to the following House resolution, to wit:
A resolution pi'Oviding fot a recess of the General Assembly f1om November 1st to 5th, as amended, antl
fnrther providing for a joint session of the Geneml As-
sembly.

: SATURDAY, OcTOBER 31, 1896.

49

Also, a joint resolution in whieh the concurrence of the Senate is asked.

A resolntion that the General Assembly meet in joint session at 11:30 a.m. for the purpose of inaugurating the Governor.

Mr. Dunwody, by consent, offered the followiug bill, which was read the first time and referred to the General Judiciary Committee, to wit:

A bill to establish a Boanl of Dental Examiners, presctibe its powers and duties, and to regulate dentistry,. etc., etc.

Mr. Hopkins, by general consent, introduced the following bill, which, being read the first time, was referred to the General Judiciary Committee, to wit:

A bill to amend pars. 2 and 3 of sec. 3 of art. 6; par. 1 of sec. ~ of art. 6 of the Constitution of this State, so as to provide for the election of Judges of the Snperior Courts and Solicitors-General by the electors of their respective circuits.

:ro..fr. Battle made the following report :
Mr. Presidfmt:
The special joint committee appointed to ascertain what public officers are to be elected at the present session of the General Assembly beg leave to submititbe following report:
United States Senator.
Judges and Solicitors as follows :
4s

50

Jo~RNAL OF THE SENATE..

ALBANY CIRCUIT.
Judge to be elected for unexpired term. Judge to be elected fot full term. Solicitor-General to be elected for unexpirell term Solicitor-General to be elected for full term.

ATLANTA CIRCUIT.
Judge to be elected fot full term. Solicitor-General to be elected fot full te!'m.

AUGUSTA CIRCUIT.
Solicitor-General to be elected for full term.

BLUE RIDGE CIRC"CIT.
J ndge to be elected fot full term. Sulicitot-Genenll to be elected fot unexpirell term Solicitor-Genetal to be elected for full term.

BRUNSWICK CIRCUIT.
:Solicitor-Gencml to be elected fot unexpired tern :Solicitor-General to be elected for full term.

CHATTAHOOCHEE CIRCUIT.
Judge to be elected for .full term. Solicitot-General to be elected for full term.

CHEROKEE CIRCUIT.
Judge to be elected for full term. Solicitor-General to be elected for full term.

COWETA CIRCUIT.
Judge to be elected for full tetm. Solicitor-General to be elected for full tenu.

SATURDAY, OcTOBER 31, 1896.

51

EASTERN CIRCUil'.
Judge to be elected for full term. Solicitor-General to be elected for full term.

FLINT CIRC"GIT.
Solicitor-General to be elected for full term.

MACON CIRCUIT.
Judge to be elected for unexpired term. Judge to be elected for full term. Solicitor-General to be elected for unexpired term. Solicitor-General to be elected for full term.

MIDDLE CIRCUIT.
Judge to be elected for full term. Soiicitor-General to be elected for full term. Solicitor-General to be elected for unexpired term.

NORTHERN CIRCUIT.
Judge to be elected for full term. Solicitor-General to be elected for unexpired teJ'nJ. J3olicitor-General to be elected for full term.

OCMULGEE CIRCUIT.
Solicitor-General to be elected for full term.

OCONEE CIRCUIT.
.] mlge to he elected fot full term.

PATAULA CIRCUIT.
Judge to be elected for full term. Judge to be elected for unexpired tetm. Solicitor-General to be elected for uuexpired terlll . .Solicitor-General to be elected for full term.

52'

JOURNAL OF THE SENATE.

ROME CIRCUIT.
Judge to be elected for unexpired term. Solicitor-General to be elected for full term.

SOUTHERN CIRCUIT.
Solicitor-General to be elected for full term.

SOUTHWES'ERN CIRCUIT.
Judge to be elected for full term. Solicitor-General to be elected for full term.

STONE MOUNTAIN CIRCUIT.
Judge to be elected for nnexpiled term. Judge to be elected fot full term. Solicitor-General to be elected for unexpired tetm. Solicitor-General to be elected for full term.

WESTERN CIRCUIT.
Solicitor-General to be elected for full term.

The foregoing report is respectfully submitted.
C. E. Battle, Chairman. H. F. Dunwody,
Senate Committee.
John .M. Slaton, Chairman,
'V. S. 'Vest,
P. W. Meltltim, House Committee.

The joint resolution of the House, conveuing the General Assembly in joint session at 11:30 o'clock this. day, for the purpose of inaugurating the Governor, was. taken up, read and coucurred in.

SATURDAY, OcTOBER 31, 1896.

53

The Senate, on motion, took a recess for fifteen mlllutes.

The Ptesident pro tem. called the Senate to order at the expiration of the recess, when, on motion of Mr. Battle, the recess was extended to 11:20 o'clock a.m.

At 11:20 o'clock a.m. the Seuate in a body, preceded by the President pto tem. and the Secretnty, repaired to the House of Representatives, and being received by that body, the President zno tem. took the chair and called the General Assembly to order.

The General Assembly having been informed that the inaugmal ceremonies would take place at the westem pottico of the capitol, withdrew to that point whete, they met the Governor and the long concoutse of distinguished citizens and soldiets who attended him on his maJch from the mansion to the capitol.

Aftet pmyer by the Rev. I. S. Hopkins, acting fot the Chaplain of the Senate, the Governor proceeded too deliYet his inangnml adcltess. At its conclusion he took the oath of office, which was administered by Chief Justice Simmons of the Supreme Comt of Georgw.

Ptesident Bernet announced that the SeCtetary of State would deliver to the Governor the gteat seal of the State. Secl'Ctaty Candler handed the gl'eat seal of the State to the Go,etnot, wl10 retumed it to him with the charge that he keep it safely.

Aftel' benediction Ly the Chaplain of the House, tl1e Govel'nor retired, the Genel'al Assembly on motion was (lissolved, the Seuate retumed to its chamber, and hav-

54

JOURNAL OF THE SENATE.

ing been called to order by the President, adjoumed under a joint resolution until "'\Vednesday, NoYembee 4, at 10 o'clock a.m.

Senate Chambee, Atlanta, Georgia.
Wednesday, Novembee -, 1896.

The Senate met pursuant to adjournment allll was called to order by the Peesident.

Pmyer was offeted by Senator W. vV. Turnet' of the Thirty-seventh Distl'ict.

The roll of the Senatots was called and the follo\\'ing answered to their names.

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Comas, Cook, Dunwody, Everett, Flewellen, Flynt,

Geil(er, Goldin, Golightly, Gray, Hudson, Kilpatrick, Mann, McFarland, Redwine, Shropshire, Starr, Stewart, 27th,

Stewart, 3-lth, Strother, Thomson, Turner, Yan Buren, Walker, -lOth, W' estmorelallf', Wilcox, Witcher, \Vooten, :\Ir. President.

Those absent were l\1essrs.-

Ct\rter, Castleberry, Culver,

Ham, Hopkins, Kemp,

Sheffield, Stevens, Walker, 18th.

The Journal was read and approved.

The call of the Senate was ordered for the introduction of bills and resolutions.

\VEDNESDAY, NovE:\fBER 4, 1896.

55

Mr. Kilpatrick, of the Twenty-eighth District, introduced the following joint resolution, which was read and refetted to the Committee on Penitentiary, to wit :

A joint resolution, to ptovide fot the appointment of a Joint Comr11ittee from the Senate aud Honse to inYestigate and report upon a suitable plan for the disposition of the convicts of the State after the expiration of the tetm of the present lease.

RefetTe<l to Penitentiary Committee.

Mr. Turl!et, of tlw Thirty-seventh District, intl'Odnced the following bill, which was read the fit-st time and referred to the Committee on Temperance, to wit:

A bill to be entitled an act to amend section -!28 of the third volume of the Code of 1895, by inserting after the word "sell," in the second line of said section the words " con tract to sel I, take 01ders for," so as to prohibit the making of contmcts ot taking onle1s for the sale of intoxicating liqnots iu counties whete the sale of the same is now prohibited by law.

Mt. Starr, of the Forty-third DistLict, introduced the folloYving bill, which was read the first time and referred to the Committee on General Judiciary, to wit:

A bill to be entitled "an act to repeal the third section of an act approved Decembet 16, 1895, entitled au act to amend an act to ptovide for the appointment of auditors, prescribe their duties, fix their compensation, etc., etc.," and to provide in lieu theteof that all exceptions of fact to the report of the auditor shall be tried by a jury.

,JomtNAL OF THE SENATE.
The President laid before the Senate the following resolutions adopted by the Osceola County Democratic Club of Kissimmee, Florida, expressing the regrets of the Club at the death of ex-Speaket Charles F. Crisp.
The resolutions were read, and on motion of Semttor Battle they were ordered spread upon the Journal of the Senate; and that the Sectetary acknowledged receipt of the resolutions and convey to the Club our appreci,!ltion of the tender sympathy expressed at the loss of our distinguished fellow citizen.
C. E. Franklin, Chaitman.
"Resolutions adopted at the weekly meeting of the Osceola County Democratic Club, Kissimmee, Flotida, Friday, Octobet 30, 1896.
"Whereas, The Almighty, in his wisdom which is 'inscrutable and past finding out,' has called from earth away the spirit of Hon. Chas. F. Crisp, ex-Speaker of the National House of Representatives and prospective United States Senator; and whereas, we recognize the love and mercy of God even in his bitterest dispensations; therefore be it
"Resolved lst, That we bow in humble submission to the divine will.
" Resolved 2d, That in the death of Speaker Crisp the nation has lost one of its wisest counsellors, the South one of its ablest statesman, Democracy one of its greatest leaders and the cause of the people one of its boldest champions.
" Resolved 3d, That as American citizens we will wear down deep in our hearts the badge of mourning fot the illustrious dead, and in our memories give place to his virtues as a man and his deeds as a patriot.

WEDNESDAY, NovEMBER 4, 1896.

57

"Resolted 4th, That a copy of these resolutions be handed our home papers aud the Atlanta Constitution, with a request fot theit publication; that a copy be transmitted to the Georgia Legislature, now in session, and a copy, together with an expression of our heartfelt sympathy, be forwarded the beteaved family.

The Ptesident anuouncecl the following as the Comnlittee on Rules: President of tlie Senate, ex o_f!icio Chairman; Senators: Battle, Kilpatrick, Dunwody, Stewart of the Twenty-seveuth Distl'ict.

By unanimous consent Senatot Dunwody offered the following resolution, which was read and agteed to:
Resolved, That the Sectetary be and is hereby insti'Ucted to al'l'ange the seats in this chamber in the same manner in which they were artanged during the last session of the Senate.

The hour fixed by joint resolution for convening the General Assembly in joint session for the election of Judges and Solicitors-General having arrived, the President so announced, and the Senate repaited to the hall ot' the Honse of RepresentativeR. Being recei,ed by the House of Representatives, the Ptesident took the chait and called tl1e General Assembly to otder, and ordeted that the Secretary read the joint resolution conveying the joint session.

The resolution was reacl.

The report of the Joint Committee on offices to be filled by the present Genetal Assembly was also reall.

The President announced that the fitst in ordet was the election of a Solicitor-General for the Bruns\Yick

58

JouRNAL oF THE SE~ATE.

citcuit caused by the resignation of Hon. w. G.
Brantley.

Representative Dickerson placed in nomination W. M. 'l'oomer, Esq., of the county of vVnre.
'l'here being no othet nominations the roll was called and 1\fr. Toomer received 135 votes. This being a majority of all the votes cast he was declare<l elected Solicitor-General of the Bmnswick Citcuit for the unexpired term ending Jauuary J, 1897.
The President twnounced as next in onler the election of a Solicitor-General fot the Btuns,vick Citcuit ftw the term of four years beginuing .Jannmy 1, 1897.

:VIr. C. C. Thomas, of vVate, placed in nomination the Hon. J. W. Bennett of the county of Wayne.
There being no othet nomination, the roll was called and Mr. Bennett received 122 votes, the entire Yote cast. He was declurecl elected Solicitor-General of the Bl'Unswick Circuit for the term of four years beginning January 1, 1897.

The next election ordered was that for a ,Judge of the Chattahoochee Circuit.

Mr. John D. Little, of the county of l\.fuscogee, placed in nomination the Hon. \V. B. Butt of Mnscogee county.

There being no other nomination the roll was called
and upon counting the votes the Hon. ,V. B. Butt receiYed
128 votes, the entire vote cast, and he was declared
elected as Judge of the Chattahoochee Circuit for the
term of four years from January 1,1897.

\VED~ESDAY, NovE;\IBER 4, 1896.

59

The President announced as next in order the eleetion of a Solicitor-Geneml for the Chattahoochee Circuit fot the ensuing term.

Mr. Chapman, of Muscogee placed in nomination the Hon. S. Price Gilbett.

There beiug no othet nomiuation the roll was called and l\fr. Gilbert received 121 votes, the entire vote cast. This being a majority of the General Assembly, he was declared electe1l as Solicitor-Geneml of tlle Chattahoochee Oitcuit for the term of four years ftom January 1, 1897.

The next electiou ordered was for Judge of the Atlanta. J udical Circuit.

:Mr. Slaton, of Fultou couuty, nominated Hon. J. H. Lumpkin of the county of Fultou.
Th~re being no othet noniination, the roll was called aucl Mr. Lumpkin received 151 votes. This beiug a majotity of the vote cast he was declated elected J ndge of the Atlanta Oitcuit for the term of foUl' years from January 1, 1897.

The next election in ordet was for Solicitor-General of the Atlauta Oitcuit.

Mr. Knowles, of Fulton, plaeed in uomiuation the name of lion. Charles D. Hill, of the county of Fulton.

'l'here Lei ng no othet nomination, the roll was called, and Mr. Hill receiYed 13-! votes, the entire vote cast, and he was declarell elected Solicitot-General of the Atlanta Circuit for the term of four years from January 1, 1897.

-60

JourtNAL OF THE SE~ATE.

The President at!uounced ns .next in order the election of a Judge for the Albany Circuit for the unexpired term eudiug January 1, 1897, to fill vacancy caused by the resignation of the Hon. l3. B. Bower.

Mr: J. B. Bussey, of the county of Rallllolpb, placed in nomination the lion. william N. Spence of the -county of Mitchell.

There being no othet nomination, the roll was called
and Mr. Spence received 125 Yotes, the entire Yote cast, .and being a maJority of the Generitl Assembly, he was declared elected Judge of the Albany Circuit fot the unexpired temt ending January 1, 1897.

At 1 p. m. the joint session was, on motion of Representative Felder of Fulton, dissoh,ed until 3 o'clock p.m., and the Senate witl1drew from the ball of the House to the Senate chamber, and was there called to order by the President.

On motion of Senator Battle the Senate adjoul'l!ed lllltil 2:55 p. m.

Senate Chambet, 2:55 p.m.
The Senate reconvened at 2:55 p.m., pursuant to a<ljoummeut, and was called to order by the President.
On motion of .Mt. Hudson of the Thirteenth District, the roll-call was dispeused with.
The hout fot the reassembling of the Genetal As-sembly in joint session to continue the election of .Judges and Solicitots-Geneml having anhed, the Pres-

\YED~ESDAY, NovEMBER 4, 1896.

61

ident made announcement thereof, and the Senate in a body repaired to the hall of the House of Representatives. Being received by the House, the President assumed the chair and called the General Assembly to order.

The unfinished busiuess of the morning session was resumed, and the President announced as next in order the election of a Judge for the Albany Circuit for the full term.

Mr. Johnson, of Hall, placed in nomination the Hon. \Yilliam N. Spence of the county of Mitchell.

There being no other nominatioti, the roll was called and he received 120 votes. Being a majority of all the votes cast, the Hon. \Villiam N. Spence was declared elected as Judge of the Albany Circuit for the term. of four years from January 1, 1897.

The next in order was the election of a SolicitorGeneral of the Albany Circuit for the unexpired term ending January 1, 1897.
Mr. \Yight, of Dougherty, nominated the Hon. W. E. Vvooteu of the county of Dougherty.

There being no other nomination, the roll was called
and .Mr. \Yooten received 126 votes. This being a ma0
jority of all the votes cast, the Hon. \Y. E. Wooten was
declared elected Solicitor-General of the Albm.1y Circuit
for the unexpired term ending January 1, 1897.

The next election in order was for Solicitor-General of the Albany Circuit for the full term.
Mr. -wight, of Dougherty, nominated Hon. W. E_ Wooten.

62

JouRNAL OF THE SENATE.

There being no other nomination, the roll was -called and he received 125 votes. This being a majotity of all the votes cast, Hon. W. E. vVooten was declared elected Solicitor-General of the Albany Circuit for the term of four years from January 1,1897.

The President announced as next in order the election of a Solicitor-General fot the full term of four yems from January 1, 1897, for the Augusta Circuit.

Mr. Brinson, of the Seventeenth District, nominated the Hon. vVm. H. Davis of the county of Burke.

There being no other nomination, the roll was called and he received 128 votes. This being a majority of all the votes cast, the Hon ..\V m. H. Davis was declared elected Soiicitor-General of the Augusta Cin:nit for the full term beginning January 1, 1897.

The next election ordered was for J utlge of the Cherokee Circuit for full term beginning .January I, 1897.

Mr. Vincent, of Battow, placed in nomination the Hon. Augustus \V. Fit.e of the county of Bmtow.

Thete being no othel' nomination, the 1'011-call was onlered, and Mr. Fit,e received 126 votes. This being a majority of all the votes cast, the Hon. Augnstns \V. 0 Fite was declared elected Judge of the Cherokee Citcuit for the term of four years from January 1, 1897.

The next election in order was for Solicitor-General of the Cherokee Circuit for the full term, ftorn January, 1897.

Mr. Berry, of Whitfield, placed in nolllination the Hon: Sam P. Maddox of the county of Whitfield.

WEDXESDAY, NoYEMBER 4, 1896.

63

There being no _other nomination, the roll was called, and Mr. Maudox haYing 120 Yotes, a majority of all the votes cast, was declared elected Solicitor-General of the Cherokee Circuit for the term of four years from January 1, 1897.

The next election ordered was for a Judge of the Stone Mountain Circuit for the unexpired term ending January 1, 1897, to fill the vacancy caused by the death of the lion. Richard H. Clark.

Mt'. B. H. Hill, of Troup, nominated the Hon. John S. Canuler of the county of DeKalb.

There being uo other nominatiou, the roll-call was ordered, aml he recei,ed 122 Yotes. Being a majority of all the votes cast, the lion. John S. Candlet was declared duly elected as Judge of the Stone Mountain Circuit for the nnex'pired tP.t'm ending January 1, 1897.

The next in order was the election of a Judge for the full term for the Stone Mouutaiu Circuit.
:Vir. Hendersou, of DeKalb, placed in nomination the lion. John S. Camllet of the county of DeKalb.
' There being no other nomination, the roll "as called and he received 126 Yotes. Being a majority of all the Yotes cast, the Hon. John S. Candler was declared elected Judge of the Stoue Mountain Circuit for the term of four years fl'otn January 1, 1897.
On motion of Senator Hudson of the Thirteenth District, the joint session of the General Assembly dissohed until 10:30 a. m. to-morrow.

64

JOURNAL OF THE SENATE.

The Senate withdrew to the Senate. chamber where it was called to oider by the President.

On motion of Senator McFarland, the Senate adjourned until 10 a.m. to-morrow.

Senate Chamber, Atlanta, Georgia, Thursday, November 5, 1896.

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

Prayer was offered by Seuator A. Atkinson of the Twenty-sixth District.

The roll of the Senate was called, aud the following Senators answered to thei t names:.

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen,

Flynt, Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarlanu, Redwine, Sheffield,

Those absent were Messrs.-

Stevens,

Walker, 18th.

Shropshire, Starr, Stewart, :2ith, Stewart, 34th, Strother, Thomson, Turner, Yan Buren, walker, 40th, 'Vestmoreland, Wilcox, Witcher, Wooten. :Mr. Presiuent.

The J ournal~was read and approved.

THURSDAY, NOVEMBER 5, 1896.

65

The call of the Senate was ordered for the introduc tion of bills and resolutions.

~ir. Gray, of the Twenty-third District, offered the following bill, which was read the first time and refened to the Committee on General Judiciary, to wit:

A bill to be entitled an act to define and punish the crime of stealing hogs, cattle, sheep and other domestic animals of less value than ($20.00) twenty dollars, and provide penalties therefor.

Mt. Culver, of the Twentieth Distl"ict, oft'eted the following privilege resolution, which was read and adopted, to wit:

A resolution inviting the Hon. Patrick walsh of the county of Richmond to a seat on the fl.oot of the Senate during his stay it~ the city.

The hour ha\'ing anived for the re-convening of the joint session of the General Assembly for the election of Judges and Solicitors-General of the various circuits, the Senate proceeded to the hall of the House of Representatives, aml were received by the members of the House standing.

The Ptesident of the Senate called the joint session of the General Assembly to otder, and announced that nominations were in order for the unexpired term of Solicitor-General of the Stone ~fountain circuit.
Ml'. Nisbet, of Clayton, placed in nomination for the nnexpited tem1 of Solicitor-General of the Stone Moun-
tain circuit, the Hon. vV. T. Kimsey of the county of
Clayton.
5s

66

Jot:nXAL oF THE SE~ATE.

There being no other nominations, the roll was ordered called, and Mr. Kimsey received 162 ,otes.
This being the enti1e vote cast, the Hon. ,V. T. Kimsey
of the county of Clayton, was declared duly elected for the unexpired term of Solicitor-General of tlw Stone Mountain circuit, ending Janua1y 1, 1897.

1\fr. Nisbet, of Clayton, placed in nomination fol' the full term of Solicito1-General of the Stone 1\Iou ntai n circuit, beginning January 1, 1897, the Hon. Wm. T. Kimsey of the county of Clayton.

There being no other nominations, the call of the roll was ortlered, and Mr. Kimsey received 1-!6 ,otes. This being the et!tire vote cast, Ml'. Kimsey was declared duly elected for the full tetm of Solicito!'-Gcneral of the Stone 1\fountain eitcnit, beginning January 1, 1897.

Mt. Mozley, of Uobb, placed in nomination tl1e lion. Geo. Ji'. Gobe1, of the county of Cobb, fot tbe full tetm of Judge of the Blue Ridge cil'cuit beginning January 1, 1897.

There being no other nominations, the roll was called anu Mr. Gobet, having received 154 votes, was declared duly elected Judge of the Blue Ridge cil'cnit beginning January 1, 1897.
The next election was for the full term of SolicitorGenel'al of the Blue Ridge circuit beginning Jaunary 1, 1897.
Mr. 'Vebb, of the county of Cberokee, l'lacell in nomination the lion. 'l'hos. Hutchinson of tl1c county of Cherokee.

THURSDAY, N OVEl\iBER 5, 1896.

67

There being 110 other 11ominations, the roll was called and the Hon. Thos. Hutchinson, having received 152 votes, was declared duly elected Solicitor-General of the Blue Ridge circuit for the full term beginning January 1, 1897.

Mr. Atkinson, of the Twenty-sixth District, placed in nomination the Ron. 0. H. B. Bloodworth, of the <;Ounty of Monroe, for the full term of Solicitor-General ofthe Flint circuit beginning January 1, 1897.

There beiug no other nominations, the roll was called .and Mr. Bloodworth, having received 148 votes, was declared duly elected Solicitor-General of the Flint <;ircuit for the full term beginning January 1, 1897.

l\le. \Vest, of Lowndes, placed in nomination for the full term of Solicitor-General of the Southern circuit beginning January 1, 1897, the Hon. vVm. E. TIIOI11as, -of the county of Lowndes.

There being no other nominations, the roll was ordered called aml l\Ir. Thomas, haviug received 14:3 votes, \Yas declared duly elected Solicitor-Geueral of the Southern circuit for the full term beginning January 1, 1897.
Mr. Hopkins, of the SeYenth District, placed in nomi:uation for the uuexpired term of Solicitor-General of the Southern circuit ending January 1, 1897, Hou. 3. L. Hall of the county of Colquitt.

There being no other nominations, the roll \Yas ordered called and Mr. Hall, haYing received 148 votes, was -declare duly elected Solicitor-General for the unexpired tenn ending January 1,1897.

68

JOURNAL OF TilE SENATE.

The next election announced was that of the unexpired term of the Rome Circuit Judgeship.

Mr. Shtopshire, of the Forty-second District, plaeed in nomination the Ron. \V. M. Henry, of Floyd connty, for the unexpired term.

There being no other nominations the roll was called and Mr. Henry, having received 141 votes, was deelal'ed duly elected Judge of the Rome circuit for tl1e unexpited term.

The next election announced by the President wasthnt of Solicitot-General of the Rome circt-tit for the full term beginning January 1, 1897.
::Vfr. McFarland, of the Forty-fotuth _District, nominated the Hon. Moses 'Vright, of Floyd, fol' the full term of Solicitor-GeneJ"al, beginning Januaty 1, 1897.
Thete being no othetnominations, the roll was onleted called and Mr. Wright, having received 146 ,otes, was declared elected Solicitor-General.
;;:,_The next election auuou need was that of J ndge of the Southwestetn citcuit for the full term begiuuing January 1, 1897.

Mr. Dodson, of Sumter, nominateJ the Ron. Wm. H. Fish for Judge of the Southwestern circuit for the fnll term.

There being no other nomiuatious, the roll was called and Mr. ]'ish recei,ed 146 votes. This being the entire vote cast, l\Ir. Fish was declared duly electe<l .Judge of the Southwestern circuit.

TuuRsDAY, NovEMBER 5, 1896.

69

l\Ir. Hudson, of the Thi1teenth Distl'ict, placed 111 nomination the Hon. T. A. Hoope1, of the county of Sumter, for Solicitor-General of the Southwestern cit<:nit, full tetm, beginning Janumy 1, 1897.

There being no other nominations, the 1'011 was called HIHl l\II'. Hooper receiYed 146 votes. This being the {'Jltire Yote cast, 1\fr. Hoopm was declared duly elected Solicitor-Geucral of the Southwestem citctdt for the fnll tenn beginning January 1, 1897.

~It. Longley mo,ed that the joint session be dissohed.

1\II'. Slaton, of Fulton, moYed to amend by adjourning nntil 2:55 p.m., wl1ich motion was adopted.

The Senate l'ctnmed to the Senate chambe, and were <:alletl to orde1 by the President.

The following commn11ication was received f1om His Excellency, the Governor, through his Sec1etary, lVll. \\'nl'l'ell, to wit:
Jib. President:
I a1n di1ecte1l by the Go,eno to delive to the SenHte a commnnicatiou in Wl'iting:
Executive Department, Atlauta, Ga., K ov. 5, 1896. To t!tc General Assembly: I ha,e the l1onm to infonu you that a vacancy exists in tl1e office of Solicitor-Geuctal of the Blue Ridge cicnit, occasioned by the death of George R. BI'O\Yn, Esq. W. Y. Atkinson, Governor.

On motion of Mr. Stewart of the Thirty-fomth distiet, the Senate adjourned until 2:55 p. m.

70

.Jomc.;.n oF TilE SE:'\ATP..

Senate Chamber, 2:55 p. m.

The Senate met at 2:55 p. m., pursuant to adjournme.nt, and was called to onlet IJy the President.

On motion of Mr. Hudson of the Thirteenth District, the call of the roll was dispensed with.

The Ptesideut announced that the hour for the joint session of the General Assembly having arrivetl, the Senate would proceed to the hall of the House of Representatives, where they were received by the membet'S of the House, standing.

The first election announced was for the unexpired term of Solicitor-General of the Blue H.idge citcnit, caused by the death of the Hon. George R. Brown.

Mt'. \Vebb, of Cherokee, nominated Hon. T hos. Hutchinson.

On the call of the ro11 Hon. 'rhos. Hatchmsnn was declared elected, having received 157 votes.

T.he President announced the next eleetion that for the full term of the Coweta circuit Judgeship, beginning Januaty 1, 1897.

Mr. McLaughlin, of Meriwether, placed in nomination Hon. S. W. Harris.

There being no other nominations, the call of the roll was ordered, and Mr. Harris, having received 157 votes, was declared elected.

Mr. Hill, of Troup, placed in nomination Hon. Thos. A. Atkinson of the county of Troup, for the full term

THURSDAY, NovEMBER 5, 1896.

71

of Soficitor-General of the Coweta circuit, beginning January 1, 1897.
On the call of the roll Mr. Atkinson, having received 157 votes, was declared duly elected Solicitor-General of the Coweta circuit.

The next election announced was that of the Eastern circuit Judgeship for full term.
Mr. Stewart., of the Twenty-seventh District, nominated Hon. Robert Falligant of Chatham.

On the call of the roll :\Ir. Falligant, having received 145 votes, was declared elected.

The next election announced was that of the Solicitor-General of the Eastern circuit for the full term beginning Jam1ary 1, 1897.

:Mr. Mansfield, of Mcintosh, nominated the Ron. Wm. W. Osborne of the county of Chatham.

'!'here being no other nominations, the call. of the roll was ordered and 1\fr. Osborne, having received 156 votes, was declared duly elected Solicitor-General of the Eastern circuit for the full term commencing January 1, 1S97.

The next election announced was for Judge of the Northern circuit for full term.
1\fr. Burwell, of Hancock, nominated the Hon. Senborn Reese of the county of Hancock.

There being no other nominations, the roll-call was ordered, and 1\fr. Reese was declared duly elected, having received 160 votes.

72

JOUIDlAL OF THE SJ.::"ATF..

The next election announced was for the unexpired term of Solicitor-General of the Northem circuit, ending January 1, 1897.

lVh. Smith, of Hancock, nominated the Hon. Frank H. Colley of Wilkes county.

There being no other nominations, the call of the roll was ordered and Mr. Colley, having received 162 votes, was declared duly elected Solicitor-General of the Northern circuit for the unexpired term ending January 1, 1897.
Mr. Smith, of Hancock, placed in nomination for the full term of Solicitor-General of theNorthern Circuit Hon. Hobert H. Lewis of the county of Hancock.

There being no other nominations, the call of the roll was ordered and the Hon. Robett H. IJewis, having receive<l163 votes, was declared duly elected SolicitorGeneral for the full term commencing January 1, 1897.

The next election announced was for the Judgeship of the Oconee circuit, full term, beginning January 1, 1897.

Mt. Brown, of Pulaski, placed in nomination the Hon. C. C. Smith of the county of Pulaski, fot Judge of the Oconee circuit, full term, beginning January 1, 1897.

There being no other nominations, the call of the roll was ordered, and Mr. Smith was declared duly elected, having received 155 votes.

On motion of Mr. Turner, of the Thirty-seventh District, the joint session of the General Assembly was adjourned until 10.30 a. m. to-morrow.

FRIDAY, NovEMBER 6, 1896.

73

The Senators returned to the Senate chamber and were called to order by the Ptesident.

On motion of Senator Hopkius of the Seventh Dic;ttict, the Senate adjourned until 10 o'clock a.m. tomonow.

Seuate Chamber, Atlauta, Georgia, Frillay, N O\Tember 6, 1896.

The Senate met pnrsuaut to adjourument, with President pto tem. Gmy presiding.

Pmyer "as oftere<l by Prof. G. H. Glenn, State School Commissiunet.

On the call of the l'Oll, the following Seuatots answered to theit names:

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Cl\t'ter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Goldin, Goli)!htly, Gray, Ham, Hopkins, Hudson, Kemp, Ktlpatrick, 1\Iann, 1\I cF a r l a n d , Redwine, Sheffield, Shropshire,

.:\fr. 'Valket of 18th absent.

Starr, Ste,ens, Stewart, 27th, Stewart, 34th, Strother, Thomson, Turner, Van Buren, Walker, -lOth, 'Vestmoreland, ''Vilcox, Witcher, 'Vooten, Mr. President.

The Journal was read and approved.

74

,JOURNAL OF THE SENATE.

The President announced that the hour for the reconvening of the joint session having arrived, the Senate proceeded to the Hall of the Honse of RepresentatiYes and were received by the members of the Honse, standi11g.

The first election announced was that of the unexpired term of the Patanla citcuit Judgeship, endi11g January 1,,1897.

:\It. Hightower, of Early, placed in nomination for the unexpired tetm of the Pataula circuit Judgeship, the Hon. H. 0. Sheffield of Early.

There being no other nominations, the call of the roll was otdered and Mr. Sheffield, having recei\-e!ll65 Yotes, was declared duly elected Judge of the Patanb ci tcuit for the unexpired term ending J auumy 1, 1897.

The next election in ordet was that of the full tmm of the Pataula circuit Judgeship, commeucing .January 1, 1897.

:Mr. Hightower, of Early, nominated the Hon. H. 0. Sheffield of the county of Early, for the full term of the Pataula Circuit Judgeship.

There being no other nominations, the call of the roll was ordeted and the Hon. H. 0. Sheffield, having received 158 votes, was declared duly elected Judge of the Patanla circuit.

The next election announced was that of the unexpired term of Solicitor-General of the Pataula citcuit.

Mr. Boifeuillet, of Bibb, nominated the Hon. J. R. Irwin, of Clay, for Solicitor-General of the Patanla circuit for the unexpired term ending January 1, 1897.

FRIDAY, NoVEliBER 6, 1896.

75

Mr. Irwin, haYing received 161 votes, was declated dnly elected Solicitor-General for the unexpited term.
Hon. John 'l'. Boifeuillet, of Bibb, placed in nomination fot the full term of Solicitot-General of the Pataula circuit the Hon. John R. Inviu, of the county of Clay.
There being no other nominations, the roll was called and :Nit-. Irwin, having recei\ed 164 votes, was declared duly elected Solicitor-General of the Pataula circuit fot the fnll term commencing Januaty 1, 1897.

1ft-. Reid, of Bibb, nominated the Hon. vVm. H. Felton, of Bibb, fot the unexpired term of the Macon Judicial citcuit.

:Mr. Felton, having received 160 votes, was declared dnly elected Judge of the Macon Judicial circuit, etHling January 1, 1897.

:Mr. Reid, of Bibb, nominated Hon. "\V. H. Felton fot Judge of the :Macon circuit for the full term commenciug January 1, 1897.

Mr. Felton, having received 157 votes, was declared duly elected Judge of the Macon circuit.
:Mr. Craig, of Bibb, nominated the Hon. A. ,V. Lane.
of the county of Bibb, for the unexpired term of Solicitor-General of the Macon circuit.
The roll was called, and ~Ir. Lane, having received 167 votes, was declared duly elected Solicitor-General fot the unexpited term.

Mr. Reid placed in nomination the Hon. Robert .Hodges, of Bibb county, for Solicitor-General of the

76

JOllllXAL OF TUB SE:>ATE.

Macon circuit for the full term commencing January 1, 1897.

Mt. Hodges, having received 165 votes, was de<:lared duly elected Solicitot-General of the Macon circuit.

Mr. Thomason, of Morgan, nominated the Hon. H. G. Lewis, of Gteene county, fot Solicitot-Geneml of the Ocnmlgee circuit for the full tenn beg4nning Jannmy 1, 1897.
Mt. Lewis, lnwiug receivell 168 YOtes, was dedatetl duly elected Solicitor-Genetal of the Ocnllllgee <.:itcuit.

Senator Stewart, of the Thirty-fourth District, nominated the Hon. Chal'les H. Brallll, of the collltty of Gwinuett, for the full tel'm of Solicitot-General of the "\Vestern circuit.
Ml'. Bnmd, having tecein3d 175 \'Otes, was tleclaretl <luly elected Solicitor-General of the 'Vestem circuit.

On motion of Mt. Feldet of Fulton, the joint session {)f the Geneml Assembly was adjonrne<l until 3 o'clock
p.m~

The Senators 1etnrned to the Senate Chamber and
were called to onlet by President pro tem. Gl'lly.

Leaves of absence were granted Senntots Kilpatrid;: .and Van Bu teu.

8euatot Redwine gave notice of ill\itation to hear Ron. J. "\V. Robertson address the Geuetal Assembly this evening at 8 o'clock.

FRIDAY, NovEMBER 6, 1896.

77

On motion of Senator Culver of the Twentieth District, the Senate adjourned till 2:40 p.m.

Senate Chamber, 2 p.m.
The Senate met pursuant to adjournment, with President pro tem. Gray presiding.
On motion of Senator Ham of the Sixth District, theroll-call was dispensed with.
The PresiLlent announced that the hour for the reconvening of the joint sessiou having arrived, the Senate would repair to the hall of the House of Representati,es, where they were received by the members of the House standing.
The :fitst election announced was for the full term of Solicitot-Geneml of the :Middle circuit.
Mr. ~'laun, of the Second Distriet, nominated the lion. B. T. Rawiings, of the county of \Vashington, who, having received 170 votes, was deelated elected.
On motion of Senator Mann, the joint session adjomned and the .Senators returned to their chatnber.
The Senate was called to ordet by President p1o tem Gray.
Senator Hopkins, of the Seventh District, offered the following privilege resolution, which was read and adopted:
A resolution inviting the Hon. T. G. Cranford, of the county of Lowndes, to a seat on the floor of theSenate during his stay in the city.

78

JouHsAL OF TllE SENATE.

The following message was received from the House through ~'11-. Hardin, the Clerk thereof:
Mr. President :
The House has agreed to the following resolution, in which the concurrence of the Senate is askeu, to "it:

A resolution authorizing the Speaker of the House to appoint an extra Doorkeeper for the House of Representatives.
On motion of Senator Kilpatrick, the resolution just t'eceived ftom the House was taken up and concurred
Ill.
Senator Md'arland, of the Forty-fourth District, was granted leave of absence.

On motion of Mr. Carter of the Thitty-first District, the Senate adjonrued until 10 o'clock to-monow mo!'lling.

Senate Chamber, Atlanta, Georgia, Saturday, November i, 1896.
The Senate met plll'suant to adjo!lrnment at 10 o'clock a. m. with President in the chait.

Prayer was oftiwed by Sen tot Atkinson of the Twentysecond District.

On the call of the roll the following Senators responded to their names.

Allen, Atkinson, Battle, Briuson,

Geiger, Goldin, Golightly. Gray,

t";tevens,
Stewart, 27th, Stewart, 34th, Strother,

SATURDAY, NovEl\IBER 7, 1896.

79

Brooke, Carter, Castleberry, Comas, Cook,
Culv~r,
Dunwody, E\erett, Flewellen, Flynt,

Ham, Hopkins, Hudson, Kemp, Mann, Redwine, Sheffield, Shropshire, Starr,

Those absent were :Jiessrs.-

Blalock, Kilpatrick,

l\IcFarland,

Thomson, Turner, Walker, 18th, Walker, 40th, Westmoreland, Wilcox, Witcher, 'Vooten, 1\ir. President.
Van Buren.

The journal was read and approved.

Senator Battle, Chairman p1o tem. of the Committee on Rules, submitted the following report, which was read and adopted.
JJir. President :
The Committee on Rules have had under considetation the matter of submitting rules fot the government of the present Senate, and beg leave to submit the following teport.
First. "\Ve recommed the adoption of the rules govel'lliug the last Senate and the rules governing the Joint Session of the General Assembly in use by the last General Assembly for the government of the present body except as heteafter set forth.
Second. We recommed the creation of a Committee to be known as the Appropriation Committee, to-which shall be refened all bills or resolutions which provide for an expenditure of the public money and all appropl'iation bills genemlly.
Thit(l. vVe recommend that the duty of the Finance Committee shall be to provide the ways and means of

80

Jou~AL OF THE SENATE.

raising revenue for the State government by taxation and of providing funds for such matters of appropriations as shall be recommended.
Fourth. vVe recommend the creation of a new committee to be known as the Committee on Pensions, to whom shall be referred all bills and resolutions relating to pensions.
Fifth. vVe recommend that the committees now known as the Committee on Public Property and the Committee on Halls and Committee Rooms be consolidated to one committee, to Le known as the Committee on Public Property and Halls and Committee Rooms.
Sixth. We recommend generally that all committees as provide-d under the rules of the Senate of 1894-5 be continued of force, except as herein provided.
Hespectfully submitted, C. E. Battle, Chairman pro tem.

The President submitted a Jist of committees for the present session of the Senate, as follows, to wit :

, SATURDAY, NovE:IiBER 7, 1896.

81

STANDING COMMITTEES
OF THE SENATE.

GEXERAL JUDICIARY.

Shropshire, Hopkins, Kilpatrick, Dnnwody, Golightly, Walker of 18th, Starr,

BATTLE, Chairman.
Redwine, Brinson, Turner, Thomson, \V estmoreland, Mann, Brooke.

FIXANCE.

BLALOCK, Chairman.

Sheffield, Stewart of 34th, Flewellen, Hopkins, Redwine, Kilpatrick, McFarland, Dunwody, Geiger, Battle,

Comas, Everett, \Vitcher, Wilcox, 'Vooten, Ham, Stevens, Carter, Flynt, Allen.

Culver, McFarland,
6s

PE~ITENTIA RY.
CooK, Chairman. Dunwody, Atkinson,

82

JOURNAL OF THE SENATE.

Kilpatrick,

Witcher,

'Vooten,

Thomson,

Battle,

Flewellen,

Rhropsbire,

Carter,

Walker of 40th,

Flynt,

Ewrett,

Allen.

Geiger,

SPECIAL JUDICIARY.

SHROPSHIRE, Chairman.

Golightly, Walker of 18th, Brinson,

Redwine, Turner.
RAILROADS.

KILPATRICK, Chairman.

Battle,

Turner,

Brinson,

Stat-r,

Cook,

Stewart of 34th,

Everett,

Blalock,

Flewellen,

McFarland,

Hudson,

Kemp,

.Stewart of 27th,

Carter.

APPROPRIATIOXS.

STEYExs, Chairman.

Gray, Dunwody, Blalock,

Cook, 'Vilcox, Witcher,

Culver,

Wooten,

Stewart of 27th, Battle, Hudson,

\Ve::;tmoreland, Kilpatrick, Goldin,

Walker of 40th,

Sttother.

Golightly,

SATURDAY, N OVEi\fBER 7, 1896.

83

TEMPERANCE.

ATKINSON, Chairman.

Sheffield, Shropshire, McFarland, Battle, Turner, Walker of 18th, Comas,

Mann, Witcher, Hopkins, Stewart of 27th, Everett, Goldin, Kemp.

Geiger, Culver, Hedwine, Blalock, Mann, Everett, Hopkins, Atkinson,

PENSIONS.
FLEWELLEN, Chairman.
Stewart of 27th, Turner, 'Vooten, Golightly, Shropshire, Ham, Goldin, Flynt.

JOURNAL.

VAN BuREN, Chairman.

Stewart of 34th, Thomson,

Walker of 40th, Flynt.

_Thomson, Starr, Van Buren,

COHPORATIOKS.
GOLIGHTLY, Chqitman.
Walker of 18th, Hudson, Brooke.

84

JOURNAL OF THE SENATE.

LUNATIC ASYLUM.

STEWART of 27th, Chairman.

Hopkins,

Golightly,

Geiger,

Wilcox,

Sheffield,

Everett,

vVooten,

Hudson,

Comas,

Culver,

Walker of 18th,

Goldin,

Battle,

Castleberry.

Atkinson,

EXGROSSING.

Ham, \Vooten,

\VESDlO:RELA~D, Chairman. Statr, Brooke.

PRIVILEGES A:\D ELECTIO~i

Brinson, Ham, Redwi.ne, Everett,

TURNER, Chairman.
Mann, Thomson, Strother, Brooke.

RELIEF SUPREME COURT.

HoPKI~s, Chairman.

Dunwody, Walker of 18th, Battle,

Redwine, Kilpatrick, Brooke.

Everett, Atkinson, Witcher,

AGRICULTURE.
HuDSON, Chairman. Sheffield, Mann, Cook,

SATURDAY, NovKMBER 7, 1896.

8.5

Stevene, Geiger, Ham, Wilcox,
"T ooten,
Cui \'er,
Geiger, Wilcox, Ham, Turner,
Gol!~htly,
E\erett, CnlYer, GrD_,

Flewellen, Van"Buren, \Valket of 40th, Carter, Strother.
PUBLIC ROADS.
l\IcFARLAXD, Chail'man. Van Bnren, Walker of 18th, Flynt, Brooke.
l\IANUFACTOlUES.
REDWINE, Chairman. Hudson, Walker of 11-Hh, Castleberry.

BAXKS.

STEWART of :34th, Chairman.

Gm~,
'Yestmoreland, Comas, Turner,

Thomson, l\Ian n, Castleberry.

MILITARY.

Du1i:WODY, Chairman.

Battle, Geiger, Blalock, 'Valker of 18th,

Ste,ens, Shropsl1ire. Allen.

86

JouRNAL oF THE SENATE.'

PUBLIC SCHOOLS.

Van Buren, Thomson, Shropshire, Walker of 40th,

HAM, Chairman.
McFarland, Allen, Kemp.

EDUCATION.

Walker of 40th, Brinson, Wilcox, 'Vestmoreland, Mann, 'Vooten, Ham, Redwine,

STARR, Chairman.
Culver, Van Buren, Sheffield, McFarland, Flewellen, Flynt, Strother, Allen.

PRIVILEGES OF FLOOR.

THOMSON, Chairman.

Ham, Everett,

Brooke.

ENROLLMENT.

BRINSON, Chairman.

Walker of 40th, Wilcox, Comas,

Witcher, Westmoreland.

Eve"rett,

AUDITJXG. WITCHER, Chairman.
Strother.

SATURDAY, N OVE:VIBER 7, 1896.

ACADEMY OF THE BLIND.

GEIGER, Chairman.

Stewart of 34th, Culver, Turner, Blalock, Starr,

McFarland, Brinson, Stevens, Strother.

Stevens, Battle, Cook,

IXTERNAL IMPROVEMENTS.
EYERETT, Chairman. Kilpatrick, Brooke, Allen.

GEORGIA SCHOOL FOR THE DEAF.

Geiger, Walker of18th, Mann, Ham, Hudson,

CmrAs, Chairman.
'Vest moreland, Atkinson, Sheffield, Van Buren, Kemp.

Blalock,. Culver,

PUBLIC PRINTIXG.
SHEFFIELD, Chairman. Shropshire, Kemp.

Starr, Shropshire,

PUBLIC LIBRARY. WALKER of l8ti1, Chairman.
Golightly.

88

JOUltNAL OF THE ~ENATE.

IMl\UGRATIO:S AND LABOR.

Geiger, Dunwody, Ham,

MANN, Chairman. Hopkins, Wooten, Allen.

McFarland, Witcher,

MINES AND l\UXING.
WALKER of 40th, Chairman. Redwine, Castleberry.

PETITIOXS.

Sheffield, Cook, Golightly,

'VOOTEN, Chairman. Ham, Castleberry.
STATE OF REPUBLIC.

Atkinson, Starr, "\Vestmoreland, Ham,

CULYER, Chairman. Stewart of 34th, Allen, Carter, Strother.

PUBLIC PROPERTY AND HALLS AKD C TEE ROOMS.

Flewellen, Brinson, Redwine,

GRAY 1 Chairman. Kemp, Allen..

HYGIENE AND SANITATIOX.

Stewart of 27th, Geiger, Comas,

'V rLcox, Chairman. Flewellen, Goldin.

Mo~DAY, NoYEliiBER 9, 1896.

89

1\Ir. Battle, of the Twenty-fourth District, moved to adjourn until 12 o'clock Monday, which motion was adopted.

Senate Chambet, Atlanta, Geo1gia, J\Ionday, 12 O'clock m., Xovemucr 9, 1896.

The Senate met Mouday morning, 12 o'clock m., pmsunnt to adjoul'llment, the President presiding.

Prayer was offereJ hy the Clmplain.

On the call of tue roll, the following Senators tesponded to their name;:; :

Allen, Atkins')n, Battle, BlaloC'k, Brinson, Brooke, Curter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Gol<lin, Golightly,
Gra~.
Ham, Hopkins, Hndoon, Kemp, Kilpatrick, Mann, McFarland, Rellwine, Sheffield, Shropshire,

Mr. Starr absent.

Steven~,
Stewart, 2ith, Stewart, 8-lth, Strother, Thomson, Turner, Van Buren, Walker, 18th, \Valker, -lOth, \Vestmoreland, Wilcox, Witcher, \Vooten, :.\Jr. President.

The Jon rna! was read and npproved.

On the call of the roll for the inti'Odnction of uew matte1, the following hills wet'e read first time and tefened:

90

JoURNAL OF THE SENATE.

By Mr. Dnuwo<ly of the Fourth District-

A bill to be entitled an act to direct the title of per-

sons iu possession claiming title by prescription to un-

granted lands, and fot other purposes.



Refel'l'eu to Committee on Genetal Judiciary.

By Mr. Stevens of the Eleventh Disttict-
A bill to be entitled an act to amend section 1305 of the Code of 1882, changing the time of electing members of Congtess from Georgia, and for othet purposes.

Referred to Committee 011 Geneml Judieiaty.

.:Vlt. Battle, of the TwcHty-fourth, offel'ed the following resolution, which was read and adopted, to wit:
A resolution requesting the appointment of two from the Senate and three from the House, fot the purpose of consideting the report of the special attorney of the Western and Atlantic R. R. Committee: Battle and Gtay.

Mr. Battle, of the Twenty-fourth District, offered the following resolution, which was read and adopted:
A resolution requiring the Secretary of the Senate to have one hundred copies of the standing committees of the Senate printed in pamphlet form for use ofthe Senate.

The following House resolution by Mr. Calvin, of Richmond, was concurred in by the Senate, to wit: -
A resolution, directing the appointment of a special joint committee from the Senate and House of Representatives on amending the election laws of this State.

.MoNDAY, NovEMBER 9, 1~96.

91

Committee on the part of the Senate: Hopkins, Turner Walker of Eighteenth, Geiger and Btooke:

The following House bill, by Mr. Felder of Fulton~ was read the first time and ordered engl'Ossed:
A bill to be entitled an act to establish and maintain a local public school system in the county of Fulton, and for other purposes.

'rhe following. message was received from the House through .Mr. Hardin, the Clerk thereof:
JJJr. President :
The House has passed the following bill of the House by the requisite eonstitutional majority, to wit:
A bill to be entitled an act to establish and maintain a local public school system in the county of Fulton, ontside the city of Atlanta and of the town of East Point, and for other purposes.

The House has adopted the following joint reso1utions in which the concurrence of the Senate is asked, to wit:
A resolution directing a special joint committee on amending the election laws of this" State.
The committee on the part of the House are: Messrs. Calvin of Richmond, chairman; Boynton of Calhoun, ~leldrim, Hall, Henderson of Forsyth, Feldet, Craig, Burwell, Charters.
Also, a resolution upon the death of Hon. Charles F. Crisp.
The following resolution of the House, by Mr. Nevin ot Floyd, \vas coucmTeJ in by the rising vote of the Senate and. otdered spteau on the Journal.

JOURNAL OF THE SENATE.
A joint resolution upon the death of Hou. Chal'les F. Crisp ..
A JOINT RESOLUTION.
whereas, On the 23<1 day of October, 1896, God, in his infinite wisdom and mercy, saw fit to remove ftom onr midst out well belo\ed h-iend, lion. Chas. F. Crisp; and,
Whereas, In his death, the State and the Fnite1l States sustain an itrepamble loss; ami,
Whereas, It is fitting that this Assembly take official notice of this great calmity; thetefote,
Resolved 1st. That it is the sense of this General Assembly that the State of Georgia has lost by the death of Ilon. Ohatles F. Cl'isp one of its best and purest statesmen. A man whom it was a- pattiotic pleasure to honot and a man who bas reflected signal ctedit upon his State from the day of his eutrance into public life until the day of his death.
Re.~o.Zred '2d .. That we extend to the family of the late Statesman out deepest sympathy in their distress llnd sorrow.
Re.~olved 3d. Th~t a copy of these tesolntions, ptoperly attested by the President of the Senate and Speaker of the House, be tmnsmitted to the family of the deceased.
Re8olved J,th. That these resolutions be sptead npon the Journal of the House and the J onrnalof the Senate ns a mark of respect to the illustrious dead.
Le:we of absence was gmntetl Seuatot Start fot an in<lefinite tit)le on account of sickness.
.Mr. Witcher, of the Thirtieth District, intioduced tl1e following pri,ilege l'esolntion which wns read nud adopted :

TuEsDAY, NoYEllfBER 10, 1896.

93

A resolution inviting the Hon. william )1. Howard of the county of OglethOIpe, and member-elect of Congtess from the Eighth Georgia District, to a seat on the floor of the Senate during his stay in the city.

On motion of Senator McFarland, Hon. John M. Vandivet, Postmaster of the city of Rome, was extended
the privileges of the floor of the Senate during his stay in the city.
On motion of Senator Culver of the Twentieth District, Hon. Thos. B. Cabaniss was extended the privileges of the floor of the Senate during his stay in Atlanta.

On motion of Senator Stewart of the Thirty-fourth District, the Senate adjourned until 10 o'clock am. to-morrow.

Senate Chamber, Atlanta, Geotgia, Tuesday, N1wember 10, 1896, 10 O'clock a.m.
The Senate met pursuant to adjournment at 10 o'clock a.m., with the President presiding.

Prayet was oftei'ed by the Chaplain.

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

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleherry,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hndson, Kemp,

Stevens, Stewart, 2ith, Stewart, 34th, Strother, Thomson, Turner, Van Buren, Walker, 18th,

94

JouRNAL OF THE SENATH.

Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Kilpatrick, Mann, McFnrland, Redwine, Sheffield, Shropshire,

Mr. Starr absent.

Walker, ~Oth, Westmoreland, Wilcox, Witcher, "Tooten, Mr. I'resident.

Senator Van Buren, of the Twenty-first District, Chairman of the Committee on Journal, tepotted the Journal cortect, which was read and confit-med.

The following bill of the House was read the second time:
By Mr. Felder of Fulton County-
A bill to be entitled an act to establish and maintain a local public school system in the county of Fulton or,tside of the city of Atlanta and of the town of East Point; to provide for the levy and collection of a special tax in suppott of same, and for other plll'poses.
The following Senate bills wel'e read fi.tst time and referred as indicated.

By Mr. Culver of the Twentieth District-
A bill to be entitled an act to declal'e null and void all obligations and contracts which may be made payable in any specific character, 'vhether the same be in coin or otherwise.

Heferred to Committee on Finance.

By Mr. Culver of the Twentieth DistrictA bill to be entitled an act to prescl'ibe the time and

'l'uESDAY, N OYEl\IBER 10, 1896.

95

place of filing the official bonds of the county officers in . the various counties of this State, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Shropshire of the Forty-second District--
A bill to be entitled an act to make women eligible to the office of State Lib1arian.

Referred to Committee on Special Judiciary.

Mr. Turner, of the 'l'hil'Cy-seYenth District, introduced the following resolution, which was read and adopted:

A resolution to enter at once into the election of United States Senator.

The Secretai'J' of the Senate then read the section of the Code of 1882 prescribing the mode and time of electing a United States Senator as follows, to wit:

Section 1335 ( 1363) (1282). United States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was elected to rep1esent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Cong1ess in the place of such Senator so going out of office.] (a)
Section 1336. Election, how conducted. Said election for such Senator shall be conducted in the followiug manner: Each IIous'3 shall openly, by a l.'iw wee of each member present, name one person f'OI' Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of Yotes cast in each house, shall. be enteted on

96

Joua~AL oF THE SENATE.

the Joumal of each house hy the Clerk or Seeretary thereof; but if either house shall fail to giYe such majority to any person on said day, that fact shall be entered on the Journal. At 12 o'clock, meridian, of the day following that on which proeeedings ate re(1uired to take place, as aforesaid, the members of the two houses shall convene in joint assemhly, and the Journal of each house shall then be read, and if the same person shall ha,e receiYed a majority of all the votes in each house, such petson shall be duly declared eleetecl Senator to represent said State in the Congress of the Unite(l States. But if the same per.son shall not ha\'e receiYed a majotity of the Yotes in each house, ot if either house shall ha,e failed to take proceedings as t'e(1uired in this section, thejoint assembly shall then proceed to choose, by a riNt coce Yote of each membet present, a person for the purpose aforesaid; antl the petson having a majority of all the votes of the said joint assembly, a majority of all the members elected to both house3 being present and voting, shall be declare!l duly elected; and in ease no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'elock, meridian, of each sueceeding day during the session of the Legislature, and take at least one vote until a Senator shall be elected.

On the call for nominations for United States Senator, the following nominations were made:

Mr. W. Y. Carter, of the Thirty-first District, nominated Hon. Wm. Phillips of Cobb.

Mr. \Valker, of the Fortieth District, nominated lion. A. B. Queen of Union.

TuESDAY, NovE:\mER 10, 1896.

97

Mr. Allen, of the Forty-fhst District, nominated Hon. J. F. Hanson of Bibb.

On the call of the roll the following Senators cast their votes for lion. 'Vm. Phillips of the county of Cobb: Bl'Ooke, Carter, Castlebel'l'y, Flynt, Goldin, Strother, Kemp.

Those voting for Hon. J. S. Boynton of SpaldingAtkinson, Flewellen.

Those voting for Hanson of Bibb-Mr. Allen.

Those voting fot Hon. L. F. Garrard of MuscogeeMr. Battle.

Those voting fot Hon. A. J. Munday of Clayton-Mr. Blalock.
:J. Those voting fot Hon. J. Jones of Burke-:\11-.
Brinson.

Senator Comas voted fot~Hon. John W. Johnson of

Appling.

"'

Senatot Cook voted for Hon. E. B. Martin of Lee.

~ rsenator Culver voted for Hot1.~Seaborn Reese of Hancock.
Senator Dunwody voted for Hon. Spencer R. Atkinson of Glynn.

Senator Geiget voted!for Hon. Thos. M. Norwood of Chatham.

Senator Golightly voted for Hon. A. D. Freeman of Coweta..
7s

98

JOURNAL OF THE SENATE.

Senator Gray voted for Hon. C. C. Duncan of Houston.

Senator Ham voted for Henry Peeples, Esq., of Berrien.

Senator Hopkins voted for lion. R. G. J\litchell of Thomas.

Senator Hudson voted for Ron. Allen Fort of Sumter.

Senator Kilpatrick voted for Ron. F. C. Foster of Morgan.

Senator Mann voted for Ron. vVm. Clifton of McIntosh.

Senator McFarland voted for Ron. F. \V. Copeland of Walker.

Senator Redwine voted for Ron. \V m. I. Pike of Jackson.

Senator Sheffield voted for lion. \V. A .Jordan of Early.

Senator Shropshire voted for the Hon. Joel Branham of Floyd.

Senator Stewart, of the Twenty-seventh, voted for Ron. Robt. C. Hardeman of.Newton.

Senator Ste"art of the Thirty-fourth, voted for lion. Jno. B. Gordon of DeKalb.

Senator Thomson vote<l for Hon. D . .M. Roberts of Dodge.

TuESDAY, NovEMBER 10, 1896.

99

Senator Turner voted for Hon. P. G. Awtrey of 'Troup.

Senator Van Buren voted Hon. J. W. Lindsey of "'Wilkinson.

Senator Walker, of the Eighteenth District, voted for ihe Hon. Patrick Walsh of Richmond.

Senator Walker, of the Fortieth District, voted for -the Hon. A. B. Queen of Union.

Senator Westmoreland voted for Hon. B. B. Bower .of Decatur.

Senator Wilcox voted for Hon. C. A. word of Coffee.

Senator -Witcher voted for Hon. Jno. P. Shannon .of Elbert.

Senator " 7ooten voted for John McRae of Mont_gome1y.
-Senator Bel'ller voted fot Hon. B. H. Zellner of 1\:Ion.roe.

Those not voting, Starr, Steveus-2.
There being 4~ votes cast and no name having re.cein~d a majority, the President declared no election.

On motion of Senator Blalock of the Thirty-fifth District, the Senate adjonmed until 10 o'clock_a.m. toJnorrow.

100

J OUlt:\'AL OF THE SEX ATE.

Senate Chamber, Atlanta, Georgia, "'Wednesday, November 11, 1896,10 O'clock.

The Senate met pursuant to adjournment at 10' o'clock a. m., with the President presiding.

Prayer was offered by the Chaplain.

On the call of the roll, the following members oi. the Senate responded to their names:

Allen, Atkinson, Battle, Brinson, Brooke, Carter, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt, Geiger,

Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, l\fann, :McFarland, Redwine, Sheffield, Shropsbin', Stevens,

Those absent were :Messrs.-

Blalock, Castleberry,

Goldin,

Stewart, 27th, Stewart, 3-lth, Strother, Thomson, Turner, Van Buren, walker, 18th, Walker, 40th, '"" e s t m o r e l a n d , "Wilcox, Witcher, Wooten, Mr. President.
Starr.

The Journal was read and confirmed.

On the call for reports by the President, 1\Ir. Gray, of the 'fwenty-thitd District, chairman of the Committeeon Public Property, Committee Rooms and Halls, submitted tha following repott:

-WEDNESDAY, NovEMBER 11, 1896.

101

~EPOR1' OF COMMITTEE ON P"GBLIC PROPERTY, COMMITTEE ROOMS AND HALLS.
The Se11ate Committees have been assigned to rooms :as follows :
.Room 8, Second Floor-Relief Supreme Court, General J ud icimy, Special Judiciary.
Room 1, Thi1d Floor-Military, Pensions, Railroads.
Room 2, Third Floor-Education, Public Schools, Privileges and Elections, Public Roads, Hygiene and Sanitation.
Room 3, 'fhi1d Floor-Temperance, Banks, Corporations, Manufactures.
Room 4, Thittl Floor-Penitentiaty, Lunatic Asylum, AgL"icnl ture.
Room 5, Thitd Floor-Finance, Apptopriations. Room 14, Third Floor-Academy fot Blind, Deaf and
Dumb, Immigtation and Labor, State of Republic, Intemal Improvements, Mines and :Mining. :Secretary's Office-Auditing, Enrollment, Engrossi-ng.
Messenger Room-Public Library, Public Printing.
:Senate Chambe1-Public Property,Journals. C. G. GRAY, Chairman.

On the call of the roll for the introduction of new -matter, the following bills were introduced and read the litst time fot reference:

.By Mr. Hudson of the Thirteenth District-
A bill to be entitled an act to establish a Board -or'Deutal Examiners for the State of Georgia; to define its duties and powers; to protect the people from illegal

102

JOURNAL OF THE SEN ATE.

and unqualified practitioners of dentistry, and for other purposes.

Referred to Committee on General Judiciary.

By Mr. }fann of the Second District--
A bill to be entitled an act to prescribe the moue and authorize the collection of State, county and municipal taxes of inuividuals, and for other purposes.

Referred to Committee on General Judiciary.

By Mr. Turner of the Thirty-seveuth District--
A bill to be entitled an act to amend paragraph 2d of section 2d, of article 7th of the constitution.

Referred to Committee on General Judiciary.

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

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

A bill to amend an act approved Sept. 26, 1883, entitled an act to incorporate the Georgia Loan and Trust Company.

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

A resolution upon the death of Ron. Ohas. F. Crisp.

The following bill of the House was read and referred.. and was ordered engrossed :

wEDNESDAY, NovEMBER 11, 1896.

103

By Mr. Reid of Bibb-
A bill to be entitled. an act to amend an act approv~d Sept. 26, 1883, entitled ap act to incorporate the Georgia Loan and Trust Company.

On motion of Senator Battle of the Twenty-fourth District, House bill No. 9, by Mr. Felder, was committed to the Special Judiciary Committee.
On motion of Senator Battle of the Twenty-fourth District, the Senate took a recess of thirty minutes.
At the expimtion of thirty minutes the Senate reconvened.

On motion of Senato1 Dunwody, the Senate took a recess uutil 11:55 a.m.
Mr. Briuson, chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The Committee on Enrollment report as duly enrolled, signed by the Speaker and Cle1k of the House, and ready for the signatures of the President and Secretary of the Senate, the following House resolutions, to wit:
A joint resolution directing the Secretary of the Sen. ate and the Clerk of the House to prepare and distribute a manual to the members of the General Assembly.
Also, a joint resolution authorizing the Speaker of the Honse to appoint a Doorkeeper for the House.
Respectfully submitted, E. L. BRINSON, Chairmnn.

104

JOURNAL OF THE SENATE.

The hour having arrived for the reconvening of the joint session of the General Assembly, the Senate proceeded to the House of Represeutatives, and were received by the members of the House standing.

The Journal of the previous day was read, so far as it related to the election of a United States Senator.

The Secretary of the Senate then read the section of the Code of 1S82 prescribing the mode and time of electing a Fnited States Senator as follows, to wit:

Section 1335 (1363) (1282). rnited States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress in the place of such Senator so going out of office.] (a)
Section 1336. Election, how conducted. Said election for such Senator shall be conducted in the following manner: I<:ach house shall openly, by a viva 'fO("t' of each member present, name one person for Senator in Congress from said Statk', and the name of the persori so Yoted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the Journal of each house by the Clerk or Secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall he entered on the Journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall conYene in joint assembly, and the Journal of each l10nse shall then be read, and if the same person shall haYe recciYed a majority of all .the YOtk's in each house, such person shall be duly declared elected Senator to repre-

vVEDNESDAY, NovEMBER.ll, 1896.

105

sent said State in the Congress of the L nited States. But if the same person shall not haYe received a majority of the Yotes in each house, or if either house shall have failed .to take proceedings as rcqnire<.l in this section, the joint assembly shall then proceed to choose, by a rim roce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members electe<.l to both houses being present and Yoting, shall be declared tlnly elected; and in case no person shall receive such majority on the first clay, the joi1i.t assembly shall meet at t.welYe o'clock, meritlian, of each succeeding day during the session of the Legislature, and take at least one Yote until a Senator shall be elected.
On the call of the roll the following votes were cast:

Those voting for the Hon. Wm. Phillips of Cobb were, Brooke, Carter,Castlebeny, Flynt, Kemp, Strother, Boyd, Baggett, Bennett of Jackson, Calhoun, Deakins, Edge, Edenfield, Leard, Lott, Walden, Hogan, Hawes.

The following gentlemen cast their votes for Seaborn \Vright of Floyd: Branch, Boswell, Davidson, :Meadows, Cook of Oconee, Salter.

The following gentlemen cast their votes for Logan E. Bleckley of Fulton : Felder, Knowles, Slaton.

The following ger1tlemen' cast their votes for W. G. Charlton of Chatham: Duncan of Chatham, Meldrim.

iGThe following~gentlemen voted for John J. Jones: Burke, Brinson, Herrington, Oliver.

106

J oun.iAL OF TIIE SENATE.

The following gentlemen cast theit votes fot V{. C. Cleveland of Monroe: Ptesident Berner, Rutherford, Worsham.
The following gentlemen cast theil' votes f01; H. D. McDaniel of walton : Stewart, J. A., Stone, Felker.

The following gentlemen cast theiL Yotes fol' B. B. Bower of Decatur: Westmoreland, Paulette, Bush.
For A. D. Candler of Hall; Johnson of Hall, Quillian.
Fot L. F. Livingston of Newton: Hardeman.
For Jos. B. Cummings of Richmond: Phinizy, Calvin.

Fot T. M. Notwood of Chatham: Geiget, Rawls.

For W. G. Btantley of Glynn : Duuwody, Bennett of Glynn.
For J. Y. Allen of Upson : Flewellen, Adams.

ForM. P. Reese of Wilkes: Callaway.

For Hamilton Me Whotter: Mt. Arnold.
For Wm. Clifton of 1\Iclntosb: Senator Mann and Atkinson.
~.,or Allen Fort of Sumter: Senator Hudson, Black and Dodson.
Mr. Awtty voted for J. B. Foster.

Mt. Bates voted for C. M. King.

WEDNESDAY, NovEMBER 11, 1896.

lOT

Mr. Bond voted for David W. Meadow.

Mr. Berry voted for J. E. Shumate.

Mr. Brown voted for J.D. 'Valker.

Mr. Burke voted for Ludsey.

Mr. Bussey voted for W. D. Kiddoo.

Mr. Bowden voted for Cbas. Bass.

Mr. Bartlett voted for Spinks.

Mr. Blalock voted for Hollinsworth.

Mr..Brannen voted for Stubbs.

Mr. Bedgood voted for J. E. Howell.

Mr. Boifenillet voted for W. H. Felton, Jr.

Mr. Boynton, of Calhoun, voted for J. ,J. Reagan.

Mr. Boynton, of Spalding, voted for P. R. Ogletree_

Mr. Craig voted for J. H. Blount, S1.

Mr. Cole vote for S. W. Harris.

Mr. Cook, of Decatur, voted for C. J. Munlin.

Mr. Collum voted for W. D. Drewery.

Mr. Cannon voted for Jobn Maddox.

Mr. Clement voted for W. E. Simmons.

Mr. Chapman voted for J. E. McNeal.

108

JoUR~AL OF TUE SKNATE.

Mr. Copeland voted for T. F. McFarland.

Mr. Duffy voted for Samuel Brown.

Mr. Durham voted for J. M. Neal.

Mr. Dickerson voted fo1 F. B. Surmons.

Mr. Duncan, of Houston, voted for C. R. Mann.

Mr. Duncan, of Lee, voted for Joe F. Johnson. Mr. Ellis voted for J. J. Thomason.

Mr. Ennis, of Flvyd, voted for J. H. Reese.

Mr. Ford voted for J. W. Walters.

Mr. Foga1ty voted for J. R. Lamar.

Mr. Freeman voted fot Jno. W. Arnold.

M1. Gri:ffi.u voted for W. R. Rankins.

Senato1 Allen voted for J. F. Hanson of Bibb.

Senator Atkinson voted for A. 0. Blalock of Fayett'

Senator Battle voted for Jno. D. Little of Muscogee,

Senator Brinson voted for John J. Jones of Burke.

Senato1 Comas voted fot Jas. Johnson of Appling.

Senator Culver voted for Seabon1 Reese.

Senator Everett voted for F. S. Singer.

Senator Golightly voted for .A. D. Freeman.

..WEDNESDAY, NovEMBER 11, 1896.

1091

Senatot Gray voted fot \V. C. Davis of Houston.

Senator Ham voted for vV. S. \Vest of Lowndes.

Senator Kilpatrick voted fur H. A. Jenkins.

Senator Mcl!'al"land voted fot T. C. Napier of \Valker.

Senator Redwine voted for Wm. I. Pike of Jackson.

Senator Shropshire voted for Martin King of Bartow.

Senator Stevens voted for J. B. Parks.

Senator Stewart, of the Thirty-fourth District, voted fot Chas. S. N orthen.

Senator Thomson voted for Pope Barrow of Pulaski.

Senator Turner voted for P. G. McCutchen.

Senator Van Buren voted forT. R. Ross of Jones.

Senator Walker, of the Eighteenth District, voted for Pat Walsh.

Senator Walker, of the Fortieth District, voted forM. L. Leonard.

Senator Wilcox voted for C. A. vVord.

Senator Witcher voted for John P. Shannon.

Mr. Hendrix voted for J. G. Parks.

Mr. Little voted fot T. W. Grimes.

no

JOURNAL O:b' TUg tli>NATE.

Mr. Longley voted for R. W. Smith.

Mr. Law voted for J. R. Allen.

Mr. Moore voted for J. J. Henderson.

Mr. Maduox voted fot W. A. Longley.

Mr. Mansfield voted for R. II. Knox.

Mr. Morrison voted for H. C. Jones.

Mr. McLaughlin voted for W. T. Reville.

Mr. McMichael voted for P. L. Campbell.

Mr. McConnell voted for W. T. Kimsey.

:Mr. McCook voted for C. R. Howell.

:Mr. McCranie voted for Mr. Fulwood.

J\Ir. Hall voted for H. C. Fisher.

:Mr. Hill voted for W. vV. Turner.

i\Ir. Hitch voted for R. C. Mcintosh.

1\Ir. Harrell Yoted for J. F. DeLacy.

.!\Ir. Henderson, of Colquitt, voteu for R L. Sl

.Mr. Henderson, of DeKalb, Yoted for J. B. Go

~Ir. Henuersou, of Irwin, Yotet1 for D. ~L Hag
}fr. Heudetson, of 'Vasbington, vote<l for J. J 1:her.

WEDNESDAY, NOVEMBER 11, 1896.

111

~Ir. Jordan voted for T.-D. Walker.

~Ir. Johnson, of Appling, voted for P. H. Comas.

Mr. Kiser voted fot L. L. Roan.

l\Ir. Kaigler voted for Mr. Sibley.

~1r. l\IeLarty voted for Joe S. James.

Mr. l\IcGehee voted for Joe Mansfield.

l\Ir. Nisbet voted for J. J. Hunt.

l\Ir. Niles voted for E. B. Lewis.

l\Ir. Nevins voted fot J. W. Rease.

l\Ir. Ogletree voted for vV. D. Dozier.

l\Ir. Patten voted for A. H. Hansel.

l\Ir. Parker voted for J. J. Bnll.

l\Ir. l'almet Yoted for .T. A. Bush.

)Jr. Pearce voted for \V. C. Davis.

l\Ir. Heid voted for B. L. Jones.

l\Ir. Reece voted for R. T. Fouche.

l\lr. Roberts \'oted for J.D. Smith.

l\Ir. Hawlings voted for \Y. H. Barbee.

l\Ir. Hedding votcll for J. H. Baker.

112

JOURNAL OF TilE t;t;XATE.

Mr. Rudicil voted for Thos. J. Anderson.

Mr. Swift voted for C. M. Seymore.

Mr. Smith, of Crawford, voted for Mr. Harrison

Mr. Taylor voted for J. H. Williams.

Mr. Turner voted for L. F. Garrard.

Mr Thomason voted for Josh Hill.

Mr. Timmerman voted for J. R.:Stapleton.

Mr. Thomas, of Clark, voted for W. B. Burnett.

Mr. Thomas, of Pierce, voted for H.. G. Mitchel:

Mt. Vaughn voted for W. 0. Daniel.

Mr. Vincent voted for Bill Arp.

Mr. West voted for B. F. Pel'l'y.

Mr. Wright voted for Jas. Young.

Mr. Watkins voted fot M. N. Osborne.

Mr. Whipple voted for Juo. E. Howell.

Mr. Whitaker voted for Wm. A. Blair.

Mr. Wilcox, of Telfair, voted for J. D. McLeod.

Mr. Wilcox, of Wilcox, voted for Peter Coffee.

Mr. Yates voted for J. M. Combs.

THURSDAY, NovEMBER 12, 1896.

113

Mr. Speaker voted for Jos. S. Tnmer.

There being 181 votes cast and no name voted for having teceived a constitutional majority, the President declared no election fot United States Senator.

On motion of Mr Carter, of tl1e Thirty-first District, the joint session of tbe General Assembly was dissolved.

The Senate was <.!ailed to order by the President on theit retntn to the t!hamber.

Under operation of law, the Senate a(1jonrned until 10 o'clock a.m. to-monow.

Senate C'hamber, Atlanta, Georgia, Thursday, ::XoYember 12, 1896, 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:

Allen, Battle, Blalock, Brinson, Brooke, Darter, Da.stleberry, Comas, Cook, Dunworly, Everett, Flewellen, Flynt, -Geiger,
Ss

Goldin, Golightly, (-fray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire, Stevens,

Stewart, :?7th, Stewart, 34th, Strother, Thomson, Turner, Yan Buren, Walker, 18th. walker, 40th, \:V estmorelanrl, Wilcox, Witcher, Wooten. 1\fr. Pre3ident.

114

JOURNAL OF THE SENATE.

Those absent were J\1:essrs.-

Atkinson,

Culver,

Starr.

The J onrnal was read and approved.

J\h. Shropshire, Chairman of Special Judiciary Comr mittee, submitted the following report:

Jl-r. Prcsidcnt:

The Committee on Special Judiciary have had the oF lowing House bill under consideration, and recommend: that it do pass, to wit:

A bill to be entitled an act to establish and maintain a local public school system, in the county of Fulton, outsideof the city of Atlanta and of the town of East Point, to. provide for the levy and collection of a special ta..'l: in sup. port of san1e, and for other purposes.
Respectfully submitted.
\VESLEY SHROPSHIRE, Chairman,
Mr. Atkinson, Chairman of the Committee on Temperance, submitted the following report:

Mr. President:
The Committee on Temperance have had under. consid.:. oration Senate bill No; 3, being a bill enti1led an act to anH'Pd :ocction 428 of the thll.d volume of the..Oode of 1895, i y >'Ptiing, after the. word "sell," in the second line of said section, the words "contract to selll take orders for," :;,o as tv prohibit the making of contracts or taking orders. for tlw sale of intoxicating liquors, in counties where the sale of the same is nmv prohibited by:law; which they direct~

THu~DAY, NovEMBER 12, 1896.

115

me to report back, with the recommendation that the same: -do not pass.
Respectfully submitted.

A. ATKINSON, Chairman.

The foregoing report was taken up.

.On the question of agreeing thereto, the ayes and nays were required to be recorded.

Those voting in the affirmative were :M:essrs.-

Allen, Atkinson, Battle, Castleberry, _ Comas, Cook,

Geiger, Goldin,Redwine, Sheffield, Shropshire,

Stevens, Stewart, 27th, Strother,Walker, 18th, Wilcox.

Those voting in the negative were :M:essrs.-

Blalock, Brinson, Carter, Dunwody, Everett, Flewellen, Flynt,Golightly,

Gray, Ham, Hopkins, Hudson, Kemp,_ Kilpatrick, Ma11n, McFarland,

Stewart, 34th, Thomson, Turner, Van Buren, Walker, 40th, Westmoreland, Witcher, Wooten.

Those not voting were J\{essrs.-

Brooke,Culver,

Starr,

Mr. President.

Ayes 16. Nays 24. Not voting 4.

So the adverse report was disagreed to, and the bill was passed to a third reading.

:M:r. Culver was granted unlimited leave of absence, on ::crount of death in his family.

II

116
:Mr. Berner, the President, introduced the following j)rivileged resolution, which was agreed to:
Resolved, That Hon. ,V. D. Stone, of the c-ounty of
Monroe, beinvited to a seat in the Senate, duri~g his stay in the city.
At the hour of 12 meridian, the President announced that the time had arrived for the General Assembly to meet in. joint session for the purpose of proc~ding to ballot for a l'"nited States Senator.
The Senate, preceded by the President and Secretary, were rec-eived biY the House stand!ng.
The P1esident took the chair, and called the General Assembly to order.
The Secretary of the Senate then read the section of.the Code of 1882 prescribing the mode and time of electing a "Cnited Stat.es Senator as follows, to wit:
Section 1335 (1363) (1282)~. U1;1ited States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was electe? to represent said ~tate in Congress, shall, on the second Tuesday after the meeting and organization thereof,. proceed to elect a Senator in Congress in the place of such Senator so going out of office.] (a)
Section 1336. Election, how conducted. Said election for such Senator shall be conducted in the following manner: Each house shall openly, by a viva -voce of each member present, name one person for Senator in Congress from said State, and the name o the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the Journal of each

THU.RSDAY, NovEMBER. 12, 1896.

117

house by the Clerk or Secretary thereof; but if either house shall fail to give snt:h majority to any person on said day, that fact shall be entered on the Journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly, and the Journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be duly declared elected Senator to represent said State in the Congress of the United States. But if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required in this section, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes o the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one vote until a Senator shall be elected.

The following gentlemen received 1 vote, each, to wit:

1fr. Day,
Ron. -w. C. Beek of Spalding,

Ron. J. E. Chapman of :M:uscogee,

:Mr. Johnson,

Ron. J. F. Johnson,

Hon. Spencer R. Atkinson of Glynn,

118

JOURNAL OF THE SENATE.

:Mr. Turner,

:i\ir. Wallace,

Hon. W. S. West,

Hon. R. G. .Mitchell,

1\Ir. Preston,

~Ir. Copeland,

lion. A. D. Candler,

Hon. J. 0. Perry,

Hon. J. J. Andrews,

:l\Ir. Sterling,

Hon. John B. Gordon,

Hon. C. L. Bartlett,

Hon. T. J. Harralson, Sr.,
'V Hon. arren Lott,

Hon. J. L. Day,

Ron. R. C. Irwin,

Hon. Chas. W. Rembert,
Hon. vV. vV. Scott,

l\fr. Carlton,

Ron. J. T. 'Vest, Ron. Edward Vv. Schaefer,

THURSDAY, NovEMBER 12, 1896.

119

Ron. T. J. Foster,
Ron. w. E. Harris,

Ron. G. S. Rountree,

Ron. Samuel C. Atkinson of Glynn,

Ron. Joseph B. Cummings, Hon. R. P. Tilley,

Hon. John Fitzpatrick,

Hon. Richard Johnson,

Hon. AJbert Strickland,

Hon. F. H. Smith,

Ron. J. C. Foster,

Hon. H. H. Little,

Ron. Boykin Wright,

Ron. H. D. :McDaniel,

Ron. Felder Lang, Ron. Frank M. Ridley, Ron. \V. W. Ashburn,

Hon. Howell C. Blalock of Rabun,

Ron. J. B. Lane, Hon. 0. S. Porter, Ron.T. T. Hall.

120

JOURNAL OF TilE ~E:\,\Hc.

Hon. J. \V. vVarren,

Hon. \Yalker K ewman,

Hon. J. H. Lovejoy,

Hon. J. G. A.nderson,

Hon. Hudson A. J enkins1 Hon. J. R. Delagall,

Hon. S. P. Lindley,

Hon. \V. H. Luttrell,

Hon. Sarge Plunkett,

Hon. \Vm. T. Reville,

Hon. vV. H. 1\falone,

Hon. A. E. Buck.

Hon. Dr. Twiggs,

Hon. John Silvey,

Hon. John T. Wilkes,

Hon. Lavander R. Ray,

Hon. J. C. C. Black,

Hon. A. C. Newell,

Hon. J. J. Kimsey,

Ron. George \V. Collier,

Ron. Augusten H. HameU,

THuRsDAY, XovEliiBER 12, 1896.

121

Hon. J. J. Penyman,

Hon. I. A. Bush,

Hon. A. C. Riley,

Ron. J. R. Lamar,

Ron. R. E. Lester,

Ron. \Y. J. Neal,

Ron. T. C. Ham,
"r Ron. \Vorthen,

Hon. E. F. Dupree,

Ron. \V. H. Penn,

Ron. E. B. Heard,

Ron. J. \Y. Arnold, Sr.,

Ron. Ben Langford,

Ron. J. H. Williams,

~Ion. J. N. Garrison,

Hon. A. S. Erwin,

Ron. A. P. Brantley,

Ron. \Y. ).I. Wilson,

Ron. H. ~f. Griffin,

Ron. D. J. I.yle,

Ron. 0. K. J one:::,

1.22

JOURNAL OF THE SENATE.

Hon. S. vY. Newman,

lion. S. J. Erwin,

Hon. T. J. Long,

Hon. J. L. Triplett,

l-Ion. A. B. Brown,

l-Ion. J.D. :McCloud,

Hon. Pete Oliver,

Hon. J.D. Calhoun,

Hon. J. J. Elder,

Hon. \Ym. Phillips received 23 votes.

1lon. Allen Fort, of Sumter, received 11 votes.

Ron. Robt. J. Lowry, of Fulton, received 4 votes.

Ron. J. J. Jones, of Burke, received 4 votes.

Hon. Thos. N Ol'Wood, of Chatham, received 3 votes.

Hon. W m. Clifton, of Mcintosh, received 3 votes.

Hon. \Villiam D. Kiddoo, of Randolph, received 3 voteE

Ron. P. Vv. :Meldrim, of Chatham, received 3 votes.

Ron. \V. G. Charlton received 3 votes.

Ron. James :M. Smith, of Oglethorpe, received 3 votes.

Ron. William D. Stone, of Monroe, received 3 votes.

Ron. A. I .. Hawes, of Decatur, received 3 votes.

THURSDAY, NoVEl\IBER J2, 1896.

12:3

Ron. Louis F. Garrard, of Muscogee, received 3 votes.

Hon. Mr. Sandwitch received 2 votes.

Hon. B. A. Sharpe received 2 votes.

Hon. Patrick Walsh, of Richmond, received 2 votes.

Ifon. F. W. Gilbert received 2 votes.

Ifon. John H. Martin received 2 votes, Hon. Seaborn Reese, of Hancock, receiv~ 2 votes.

Hon. Marion Harris received 2 votes.

Hon. Wm. C. Glenn, of Fulton, received 2 votes.

Hon. J. H. Martin, of Muscogee, received 2 votes.

Ron. Fleming G. DuBignon received 2 votes.

Hon. "\\r. A. Turner received 2 votes.

Hon. Samuel C. Dunlap, of Hall, received 2 votes.

Upon casting up the vote, i1: appeared that no one had re-ceived a majority, and the President so announced.

The General Assembly was, on motion, dissolved.

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

In obedience to a form&r order, the report of the Special
..;rudiciary Committee was taken up on the bill of the House
'to establish and maintain a local public school system in
the county of },ulton, outside of the city of Atlanta and of
the town o East Point; to provide for the levy and collec-

124

do,tu~:><~:kO.FTnE SE:><ATE.

tion of a spec.ial tax; i11;: support of same, and for other purroses."

The report was agreed to.
The bill_ w~s rea~ the third time, and passed by the requisite constitutional majority; ayes 29, nays 0.

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

Senate Chamber, Atlanta, Georgia,
Friday; November i3, 1896, 10 O'clock a.m.
The Senate met pu:i-suant to adjournme11t, the President pro tem. in the chair.

Prayer was. offered by the C~aplain:

On the call of the .roll, tl),e following .Senators answered

to their names:



.

.

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Dunwody, Everett, Flewellen, Flynt,

Gelger, ::
Goldin, Golightly,:
Gray, _: Ham,
.Hopkins, Hudson,
K~mp,
Kilpatrick, Mann, :McFarland, Red win~:~, . Sheffield,

Shropshire, l::>tevens, r Stewart, 27th, Stewart; 34th, StrothPr, Thomson, Turner, Van Buren, Walker, 40th, WestmOi'eland, Wilcox, Witt-her, Mr. President

Those absent.we're Messrs.-

CulvPr, Starr,

Walker, l'Sth,

Wooten.

FRIDAY, NOVEMBER 13, 18~6.
:Mr. Y an Buren, Chai11nan of the' Committee on Journals, reported the Journal correct.
It was then read and approved.
The roll was called for the introduction of new matter, when J.lr. Geiger introduced a bill "to provide for the elec tion, by' the people, of the county ~chool commi_ssioners of the Yarious counties in this State.;-;to prescribe their term of office, a1id for other purposes."
i'
This bill was read the first ti~e, -~i1cl -1;eferred to the Com-
mittee on Education.
. '.
J.Ir. Flynn Hargett, Jr., _Messenger of the Senate, wa< _granted leaYe of absence until 'fti'e1cli{y next, on aceom1t of the extreme illness of _}lis father.
By general consent, the Senate to9~ up the report of the committee of the whole, on t11C bill of the Senate to amend .section 428 of the third volume of the Code of 1895, b~ inserting, after the word "sell," in the second line of t:aid S(ction, the \Yords "contract to sell, take orders for," so as to prohibit the making of contracts,. OL' taking orders for 1he sale of intoxicating liquors in counties where the sale (lT the same is now prohibited by law'.
J.lr. Battle proposed to amend, by adding after the \Yord ''otherwise," in the 25th line, the following:
"Or shall, by contract to buy, or order, any spirituous, malt or intoxicating liquors, in any county where the sale Df such liquors is prohibited by law, high license, C?r otheJ:wise." .
On the question of adopting this amendment, the ayes and nays were required to be recorded.

126

JouRNAL OF THE SENATE.

Those voting in the affirmative were Messrs.-

Battle, Comas, Cook,

Gei~er,
Redwine,

Sheffield, Stewart, 27th.

Those voting in the negative were Messrs.-

Allen, Atkinson, Blalock, Brinson, Brooke, Carter, Castleberry, Dunwody, Everett, Flewellen, Flynt,

Goldin, Golightly, Gray, Ham, Hopkins, Kemp, Kilpatrick, ;\'lann, :McFarland, Shropshire, Stevens,

Stewart, 34tb, Strother, Thomson, Turner, Van Buren, Walker, 40th, Westmoreland, Wilcox, Witcher, Wooten.

Those not voting were :Messrs.-

Culver, Hudson,

Starr, Walker, 18th,

Mr. President.

Ayes 7. Nays 32. Not voting 5.

So the amendment was lost.

The report of the committee was agreed to.

The bill was read the third time, and on the question ( its passage, the ayes and nays were 1-equired to be recorde<

Those voting in the affirmative were Messrs.-

Allen, Blalock, Brinson, Carter, Dunwody, Everett, Flewellen, Flynt, Goldin, Golightly,

Gray, Ham, Hopkins, Kemp, Kilpatrick, 1\'Iann, :McFarland, Stevens, Stewart, 34th,

Strother, Thomson, Turner, Van Buren, WalkPr, 40th, Westmoreland, Wilcox, Vtitcher, Wooten.

FRIDAY, NOVEMBER 13, 1896.

12T

Those voting in the negative were :Messrs.-

Atkinson, Bat.tle, Brooke, Castleberry,

Comas, Cook, Geiger, Redwine,

Sheffield, Shropshire, Stewart, 27th.

Those not voting were Messrs.-

Culver, Hudson,

Starr, Walker, 18th,

Mr. President.

Ayes 28. Nays 11. Not voting 5.

So the bill was passed by a constitutional majority.

The Senate, on motion, took a recess until 5 minutes of 12 o'clock, when it was called to order by the President.

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

Mr. President:

The House has passed the following bills of the Houseby the requisite constitutional majority, to wit:

A bill to define the powers of the recorder of the city of Augusta, as to fines and penalties to be imp9sed.

Also, a bill to amend the charter o the city of Augusta,. authorizing the city council to impose license taxes on resident and non-residents doing business in saia city.

Also, a bill providing for census of cities to be taken under supervision of the Secretary of State.

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

1.28

JOURNAL OF THE SENATE.

A resolution in reference to the relinquishment of the -claims of the State in and to the Blue Ridge and Atlantic llailroad, to the bondholders, as provided by an act approved December 16th, 1895.

The committee on the part of the Honse are: }fessrs. .,Johnson of Hall, Hardeman, and Kno,des.

Also, a resolution substituting the name "Georgia School for the Deaf," for Deaf and Dumb.
On motion qf 1\lr. Blalock, the resolution of the House relating to the relinquishment of the State to her claims to the Blue Ridge and Atlantic Raihvay, was made the special -order after the joint session is dissolved.

1\fr. Battle, Chairman of the General J ucliciary Committee, submitted the following report:

.llfr. President:

The General Judiciary Committee have had under con~ideration Senate bill X o. 5, being a bill to be entitled ru1 .act to define and punish the crime of stealing hogs, cattle, sheep, and other domestic .animals of less value than ($20.00) twenty dollars, and provide penalties therefor, which they direct me to report ba<:k, with the rceommen-<lat~on that the same do not pass ae amended.
H.cspcctfully submitted.

C. E. BATTLE, Chairman.

At the hour of 12 o'clock meridian, the President annol.mced tl1at the time had arrived for the joint session.

The Senate, preceded by the President and the Secretary, proceeded to the House of Hepresentatives in a body.

FRIDAY, NoYE)IBER 13, 1896.

129

Being receiwcl hy the House stamling, the President took the chair, and called the General Assembly to order.

The section of the Code of 1882 prescribing the mode and time of electing a "Cnit~d States Senator was read as follows, to wit:
Section 133;) (1363) (1282). United States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator \Yas elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress in the place of such Senator so going out of office.] (a)
Section 1336. Election, how conducted. Said election for such Senator shall be conducted in the following manner: Each house shall openly, by a 1:iva wee of each member present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the J our;:al of each house by the Clerk or Secretary thereof; but if either house shall fail to giYe such majority to any person on said clay, that fact shall be entered on the Journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall conyene in joint assembly, and the Journal of each house shal~ then be read, and if the same person sl1all haYe receiwd a majority of all the votes in each house, such person shall he duly declared elected Senator to represent said State in the Congress of the t"nited States. But if the same person shall not haYe received a majority of the Yotes in each house, or if either house shall have failed to take proceedings as required in this section, the joint assembly shall then proceed to choose, by a vir(t voce vote
9s

130

JouRNAL OF THE SENATE.

of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being prsent and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at le.ast one vote until a Senator shall be elected.

The President then announced that the balloting for a United States Senator, to succeed the Hon. John B. Gordon, was in order.

The following vote was cast:

Hon. vVm. Phillips, of Cobb, received 20 votes.

Hon. Allen Fort, of Sumter,.received 16 votes.

Hon. J. J. Jones received 4 votes.

Hon. vVm. Clifton, of 1\iclntosh, received 4 votes.

Hon. Thos. JH. :Norwood, of Chatham, received 4 votes.

Hon. R. L. Berner, of l\ionroe, received 4 votes.

Hon. Bloodworth received 3 votes.

Hon. Hoke Smith, of Fulton, received 3 votes.

Hon. L. F. Garrard, of ~Iuscogee, received 3 votes.

Hon. I. S. Hopkins receind 3 votes.

Hon. R. D. Smith received 2 votes.

Hon. Ridley received 2 votes.

FRIDAY, NovEMBER 13, 1896.

131

Hon. R. U. Thomason received 2 votes.

Ron. Alf. Herrington, of Emanuel, received 2 votes.

lion. I. A. Bush received 2 votes.

Ron. Jno. T. Boifeuillet, of Bibb, received 2 votes.

Ron. J. H. Estelle, of Chatham, received 2 votes.

l-Ion. Felix Corput received 2 votes.

Ron. R. D. Cole, Sr., received 2 votes.

Hon. B. B. Bower, of Decatur, received 2 votes.
Hon. S. vV. Harris received 2 votes.

Ron. J. l\L Mobley received 2 votes.

Hon. T. B. Felder, of Fulton, received 2 votes.

Ron. A. H. Hansell received 2 votes.

Hon. H. G. Turner, of Brooks, received 2 votes.

The following named gentlemen received one v9te each:

l\fr. Craigo,

l\ir. Beck,

l\fr. Grimes,

l\fr. DeFore,

:Mr. Long,

l\fr. Brantley,

:M:r. Cole,

132

Joum<AL OF THE SENATE.

:Jir. :Jiitchell,

:Jir. J acowa,r,

:Jlr. Stark,

Hon. R. D. Jones,

:Jir. Rainey,

:Jir. O'Farrell,

Hon. J no. B. Gordon,

lion. C. L. Bartlett,

:Jir. Christopher,

Hon. H. :Jic\Yhorter,

Hon. Tom Eason,

Hon. J. J. Gilam,

Hon. Jno. L. Edmunson,

Hon. A. L. Hawes,

Hon. J. P. Glaston,

Hon. J. \\r. Lindsay,

lion. \V. D. Kiddoo,

Hon. J. P. Jones,

lion. I. L. Kemp,

Hon. \\'. S. 1\Iilner,

Hon. J. L. Hardeman,

FRIDAY, NovE:IIBER 13, 1896.

};33

Hon. Henry Turner,

Hon. IV. C. Beeks, Hon. S. R. Atkinson,

Hon. J. A. B. ~Iehaffey,

Hon. T. L. Sewall,

Hon. Enoch Phillips,

Hon. J. P. Elder,

Hon. J. B. Cumming,

Hon. E. H. Hallman,

Hon. J. :M. Jackson,

Hon. P. L Irwin,

Hon. J. C. Hart, Hon. R. W. 1\Iurphey,

Ron. S. \\T. Richardson.

Hon. \\1. A. Thomas,

Ron. Chas. Estes,
0
Hon. IV. l\1. Howard,
Hon. "~- ~1. Toomer,
H on. G. \Y. Edmunson,

Hon. Z. B. ~Iilner,

Ron. \V. C. Scruggs,

134

JOUR~AL OF THE SENATE.

Hon. A. D. Singleterry,

Hon. J. M. Pace,

Hon. F. J. \Yalker,

Hon. Mark Newman,

Hon. E. L. Raney,

l\{r. :McCaldwell,

Hon. J. R. Delagall,

Hon. J. B. Malone,

Hon. S. P. Kemp,

Hon. Gilbert Voss,
Hon. vV. J. Brown,

Hon. F. l\1:. Dougherty,

Hon. W. S. Falkner,
Hon. J. B. vVatson, Hon. vV. S. Stewart,

Hon. S. T. Loftey,
0
Hon. J. D. Coody,

Hon. 0. D. Gorman,

Hon. \Y. 0. Willingham,

Hon. R. E. Lester,

Hon. J.D. Smith,

FRIDAY, NovEliiBER 13, 1896.

135

Hon. J. C. Beacham,

Hon. J. C. Clements,

Hon. W. P. Adams,

Hon. Seaborn Reese,

Hon. Chas. R. Crisp,

Hon. J. K. Ohl,

Hon. W. G. Mason,

Hon. C. C. Thomas,

Hon. J. S. \Villiams,

Ron. J. \V. Harris,

Ron. H. F. Dunwody,

Hon. R. Vv. Everett,

Ron. W . .T. Davis,

Hon. J. H. Dodson,

Ron. G. C. Carmichael, Ron. J. ~I. :Meadows.

Total number of votes 163.

No one having received a majority of all the votes cast, the President declared that there had been no election.

The General Aseembly was, on motion, dissolved.
The Senate returned to its chamber, and was called to order by the President.

136

JouR~AL OF lHE SENATE.

The Senate took up, in accordance with previous order, the joint resolution of the House relating to the relinquishment of the State's claim to the Blue Ridge and Atlantic Railroad.
The resolution was concurred in, and the President appointed as the committee on the part of the Senate, ::\fessrs. Gray and Shropshire.
::\fr. Kemp w'as granted lea,e of absence until Tuesday morning next, on account of sickness.
11Ir. Golden was granted leaw of absence until ::\Ionday morning, on account of sickness.
~Ir. Allen was granted lcaYe of absence until 10 o'clock ::\londay.
}Ir. Atkinson was granted leaYe of absence, indefinitely, on account of sickness in his family.

'Mr. Thompson \Yas granted leave of absence until ::\Ionday morning.
}fr. Geiger was granted leaYe of absence for three clays on important business.

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

Senate Chamber, Atlanta, Georgia, Saturday,Xovember 14, 1896, 10 O'clock a.m. The Senate met pursuant to adjournment, and was called to order by the President pro tem.
Prayer was offered by the Chaplain.

SATURDAY, NOVEMBER 14, 1896.

137

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

Those present were :Messrs.-

Battle, Blalock, Brooke, Carter, Castleberry, Comas, Cook, Dunwody, Flewellen, Flynt, Golightly,

Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, Redwine, Sheffield, Shropshire, Stevens,

Stewart, 27th, Stewart, 34th, Strother, Tnrner, Walker, 13th, Walker, 40th, "\Vestmoreland, "Witcher, "\Vooten, Mr. President.

Those absent were Messrs.-

Allen, Atkinson, Brinson, Culver, Everett,

Geiger, Goldin, Kemp, l\IcFarland,

Starr, Thomson, Van Buren, Wilcox.

The J onrnal was read and approved.

).Ir. Yan Buren, Chairman of the Committee on Journals, ";as excused from attendance on account of sickness.

The following message was received from the House through :Jir. Hardin, the Clerk thereof:
Jlr. President:
The Honse has passed the following bill of the House by the requisite constitutional majority, to wit:

..:\.bill amending an act approved October 10th, 1891, to proYide for the renewal of paYements in cities of 20,000 population.

The Honse has passed the following joint resolution, m which the concurrence of the Senate is asked, to wit:

JOURNAL OF THE SENATE.
A resolution to provide for the payment of teachers in this State.
Also, a resolution appointing a committee to visit the State University.
The committee on the part of the Honse are: ~fessrs. Thomas of Clarke, Chairman; Rawlings, Atkinson, Brannen, Copeland, Collum, Little, :McDonald, Griffin, :Meldrim, Brown, Sell, Bennett, -Whipple, Thomason, Nevin.
The House has concurred in the following joint resolution of the Senate, to wit:
A resolution authorizing the Secretary of the Senate to purchase one hundred chairs for the use of committee rooms.
The fo1lowing bills of the House were read the first time, _and referred as severally indicated, to wit:
A bill "amending an act approved October 10, 1891, with l'espect to renewal of pave~1ents in cities of 20,000 population."
Referred to Committee on Corporations.
A bill "to define the powers of the recorder of the city of Augusta, as to fines and penalties to be imposed by him for violation of ruls, regulations,~> etc.
Referred to the Special Judiciary Committee.
A bill "to amend the charter of the city of Augusta by authorizing the city council to impose license taxes upon all occupations by rSidents or non-residents, and for other purposes."
Referred to the Special Judiciary Committe.

SATURDAY, NovEMBER 14, 1896.

139

A bill "providing for census of cities to be taken unde1 supervision of the Secretary of State."
Referred to the Committee on Corporations.
The Senate, on motion, took up and concurred in a joint resolution from the House, appointing a joint committee to visit the State University.
A joint resolution from the House "to provide for the payment of teachers in this State," was read the first time, and referred to the Finance Committee.
A joint resolution from the House "substituting the name 'Georgia School for the Deaf,' for 'Deaf and Dumb,' " was read the first time, and referred to the Committee on the Deaf and Dumb Asylum.
The following bill of the House was read the second ~ime, and passed to a third reading, to wit:

A bill "to amend an act approved September 26, 1883, entitled an act to incorporate the Georgia Loan and Trust Company."

On motion of ~Ir. Battle, the bill of the Senate "to define and punish the crime of stealing hogs, cattle, etc., of less value than $20.00, and provide penalties therefor," was recommitted to the General Judiciary Committee.

l\fr. Carter, by general consent, introduced the following bill, which was read the first time, and referred to the Gen eral Judiciary Committee, to wit:

A bill "to prohibit railroads, express, telegTaph and telephone companies, or their agents, from tendering or giving any person elected or appointed to any public office in this

140

JOURNAL OF THE SENATE.

State, any free ticket, pass, transportation, franking ptivilege, rebate or discrimination in any railroad, telegraph, tE-lephone or express rate; to prohibit the acceptance of the same by such officer or officers; to make certain witnesses competent and compellable to testify in certain cases; to provide for the enforcement and prescribe penalties for the violation of this act, and to proYide for the removal from office of prosecuting officers who fail to faithfully prosecute persons charged with the Yiolations of this act."

Leave of absence \\as granted ::\Ir. "\Yilcox, indefinitely, on account of sickness in his family.

::\Ir. "itcher was granted leaw of absence for this day's session.

Leave of absence was g"ranted the President, ::\Ir. Berner, until ::\londay n~xt, for providential causes.

::\Ir. Dnnwocly offered the following resolntion, which "as read and agTeed to:

Resolwd, That C. S. X orthen, Assistant Secretary of the Senate, be, and he is hereby, authorized and empowered to sig11 all bills and resolutions as Secretary pro tem., in the absence of the Secretary, and perform all other official acts for him and in his stead.
:Jiaj, R. E. \Yilson, Doorkeeper of the Senate, was ~x cused from duty for ::\Ionday next.

:Mr. Cook, Chairman of the Penitentiary Committee, submitted the following report:

.Jlr. President:
The Penitentiary Committee ha\e had under consideration Senate resolution X o. -!, being a resolution to appoint

SATURDAY, XOVD!BER 14, 1896.

1-!1

a joint committee on the part of the Senate and Honse o Hepresentatives, to inw~tigate aml report upon a suitable plan for the dispo~ition of the convicts of this State after the expiration of the term of the present lease, which they direct me to report haek, with the recommendation that the same do pass as amended.
Respectfully submitted.
PHIL COOK, Chairman.

The resolution referred to in this report was taken up, and the several amemlments were agreed to.

The resolution then went o-ver as unfinished business.

The Senate, on motion, took a recess until 12 o'clock meridian, and ''"as called to order at that time.

The President pro tent. announced that the hour had arrived for the two Houses to meet in joint session, for the purpose of balloting for a l~nited States Senator, whereupon, the Senate, in a body, preceded h:y the President pro tem. and the Secretary, proceeded to the Hall of Hepresentatives, where, being received by the House of Representatives standing, the President pro tem. took the chair and called the General ..:\..ssembly to order.

The Secretary of the Senate then read the section of the Code of 1882 prescribing the mode and time of electing a Fnited States Senator as follo,vs, to ''"it:
Section 13~5 (1363) (1282). "United States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress in the place of such Senator so going out of office.] (a)

142

J OUR~AL OF TilE SEN ATE.

Section 1336. Election, how conducted. Said election for such Senatoi: shall be conducted in the following man-
ner: Each house shall openly, by a t'iva -roce of each
member present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of voted cast in each house, shall be entered on the Journal of each house by the Clerk or Secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the Journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly, and the Journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be duly declared elected Senator to represent said State in the Congress of the Unitoo States. But if the same person shall not have received a majority of the votes in each house, or if either ho'use shall have failed to take proceedings as required in this section, the joint assembly shall then proceed to choose, by a vim voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the :first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the se8sion of the Legislature, and take at least one vote until a Senator shall be elected.

The following vote was cast:

Hon. Wm. Phillips, of Cobb, received 11 votes.

Hon. Robert L. Berner received 3 votes.

SATURDAY, NovEMBER 14, 1896.

143

Hon. Allen Fort, of Sumter, received 4 votes.

Hon. Hoke Smith, of Fulton, received 2 votes.

Hon. Fleming G. DuBignon receiv,ed 3 votes.

Hon. "William J. J'\Iallard, Jr., of Fulton, received 5 votes.

The following gentlemen received 1 vote each, to wit:

H on. I. E. Branch,

Hon. E. D. Graham,

Hon. C. E. Battle, Hon. Jl.f. J. Abbott,

Hon. D. G. Rose,

Hon. S. :11. Carter,

Hon. J. \Y. Bennett,

Hon. J. A. Donaldson,

Hon. T. L. Tysinger,

Hon. Paul B. Trammell,

Hon. \Varner Hill,

Hon. J. H. :Martin,

Hon. A. J. Williams,

Hon. Jl.fr. Wright,

Hon. \V. T. Green,

Hon. 1Ir. West,

144

JOURXAL OF THE SENATE.

Hon.. Robt. G. Mitchell,

lion. J. S. Boynton,

Hon. H. R. :JicGhee,

Hon. D. J. Hughes,

Hon. A. D. Candler,

Hon. I. E. Patterson,

Hon. J. S. :Mimms,

Hon. J. H. Smith,

Hon. \Y. T. Lewis,

Hon. J. B. Cummings,

Hon. J. :i\f. Pace,

lion. HughY. 1fcCord,

Hon. Harry F. Dunwody,

Hon. K athaniel Hutchins,

Hon. .T. :F'. ~filler,

lion. 1\Iarion G. Bayo of Lumpkin,

Hon. J. E. Donalson,

Hon. Thos. W. Grimes of :Muscogee, Hon. :M. J. Abbott,

Ron. John Barnes,

ITon. F. H. Colley,

SATURDAY, NovEMBER 14, 1896.

14.5

Hon. :Miles Browning, Hon. A. W. Fite, Hon. T. R. Whitley,

Hon. \Vest, Hon. J. H. Estille, ~on. H. 11. Hitch, Hon. Alfred Blalock, Hon. A. S. ~filler, Hon. 11:. L. Smith, Hon. John Smith, Hon. Harper Hamilton,

Hon. J. W. }faddox,
Ron. .:rohn E. Goodwin,

Ron. G-oodwin,

Hon. A. P. Brantley,

Ron. J. \V. Brooks,

Ron. John \V. Akin,

HoP. Hill,

Hon. W. E. \Vooten,

Hun. J. J. Smith,
10 s

146

JOURNAL OF THE SENATE.

Ron. C. G. Janes,
Ron. vVm. A. Dodson,

Ron. Mr. Haralson,

Ron. S. M. Rich,

Hon. Mr. Johnson,

Ron. Wright,

Hon. :Mr. Gardner,
Ron. vV. A. Candler,

Ron. :M:r. Henry,

Ron. E. L. Brinson,

Ron. John F. Fuller,

Ron. J. L. Hall,

Hon. Gordon,

Ron. G. J. Holton,
Ron. vV. E. Candler,

Ron. J. H. DeVeaux,

Ron. Thos. W. Glover,

Ron. J. H. Estille,.

Ron. W. T. R~ville,
Ron. :Moses 1fartin, 2 votes. Upon casting up the vote, it appeared that no one had received a majority of the entir~ vote cast.

MoNDAY, NovEMBER 16, 1896.

147

The President pro tem. announced that there was no election.
The General Assembly was, on motion, dissolved.
The Senate returned to its chamber, and was called to order, and adjourned, on motion, until 10 minutes of 12 o'clock, meridian, }\fonday next.

Senate Chamber, Atlanta, Georgia, .\[onday, X oYember 16, 1896, 11:50 O'clock a.m."

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

Prayer was offered by Hon. Senator Atkinson.

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

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Flewellen, Flynt,

Golil!htly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, l\I cFarland, Redwine, Sheffield, Shropshire, Starr, Stevens,

Stewart, 2itb, Stewart, 3-ltb, Strother, Thomson, Turner, Van Buren, Walker, 18th, walker, 40th,
"'estmoreland, Wilcox, Witcher, 'Vooten, lllr. President.

Those absent were l\fessrs.-

Everett,

Geiger,

Goldin.

:M:r. Van Buren, Chairman of the Committee on Journals, reported the Journal correct.
It was then read, and confirmed by the Senate.

148

JOURNAL OF TUE SENATE.

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

Jfr. President:
The House has adopted the following joint resolutions in which the concurrence of the Senate is asked, to wit:

A resolution to appoint a committee to attend the commencement of the Georgia X onnal and Industrial College in 1807.

Also, a resolution to appoint a committee to attend the commencement exercises of the Georgia School of Technology.

_I\Ir. \Vestmoreland, Chairman of the Engrossing Committee, submitted the following report:
Jfr. Prn;idcnt:

The Committee on Engrossing haYe examined the following Senate bill, 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 428 of third Yohnne of Code of 18D5.

Respectfully submitted.

G. F. \rEST1IORELAXD, Chairman.

:\Ir. Comas, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
M1. President:

The Committee on Enrollment report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for

Mo.:mAY, NoYE!fBER 16, 1896.

149

the signatures of the President and Secretary of the Senate, the foliowing House hill, to wit:

An act to establish and maintain a local public school system in the county of Fulton, outside of the city of Atlrulta and of the town of :East Point; to provide for the levy and collection of a special tax in support of same, and for other purposes.

Respectfully submitted. P. H. CO~IAS, Chairman pro tem.

At the hour of 12 o'clock, meridian, the President announced that the time had arriYed for the two Houses to meet in joint session, for the purpose of balloting for a United States Senator.

The Senate, in a bod,Y, lweccded by the President and Secretary, proceeded to the Honse of Representatives, where, being received by the House, standing, the President took the chair, and called the General Assembly to order.

The Secretruy of the Senate then read the section of the Code of 1882 prescribing the mode and time of electing a l.Tnited States Senator as foll0ws, to wit:
Section 1335 (13G3) (1282). United States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Con; gress in the place of such Senator so going out of office.] (a)
Section 1336. Election, how conducted. Said election for such Senator shall be conducted in thefollowing man-

150

JOUHNAT. OF TilE SENATE.

ner: Each house shall openly, by a vi'Ga roce of each
member present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes
the cast in each house, shall be entered on Journal of each
house by the Clerk or Secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the Journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly, and the J ou.rnal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be duly declared elected Senator to represent said State in the Congress of the United States. But if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required in this section, the joint
assembly shall then proceed to choose, by a viva voce vote
of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one vote until a Senator shall be elected.

The President o:rdered the ballot to proceed.

On casting up the vote, it was as follows:

Ron. Willis E. Ragan, of Fulton, received 36 votes.

Ron. Allen Fort, of Sumter, received 15 votes.

MoNDAY, NovEMBER 16, 1896.

151

Hon. J. C. C. Black, of Richmond, received 5 votes.

Hon. R. G. Mitchell, of Thomas, received 6 votes.

Hon. E. P. Padgett, of Appling, received 2 votes.

Hon. Rufus E. Lester, of Chatham, received 2 votes.

The following named gentlemen rec~ived one vote each:

Hon. R. T. Cunningham,

Hon. Willis Gillam, Ron. L. Moore,

Ron. "\V. T. Walker,

Hon. C. Z. Gordon,

Ron. Jno. C. Dell,

Ron. C. L. Bartlett,

Ron. C. E. Battle,

Hon. R. G. Dickerson,

Ron. Seaborn Reese,

Ron. D. W. Meadow,

Ron. Henry Persons,

Ron. Mr. Tysinger,

Ron. Warner Hill,

Ron. Mr. Shackleford,

Ron. T. G. Crawford,

152

JouRNAL oF THE SENATE.

Hon. Mr. Haraldson, Hon. H. J. :McGehee, Hon. :Mr. Gregory,
~
Hon. A. T. Hatchett, Hon. Jno. \V. Maddox, Hon. F. G. Davis, Hon. :Mr. Kennebrew, 2 votes, Hon. J. F. Jones, Hon. 0. N. Starr, Hon. Cartr Tate, Hon. Gus Fite, Hon. :Mr. Crew, Hon. J as. Bishop, Hon. :Mr. Bayetton, Hon. :Marcus Beck, Hon. 3.fr. Brewer, Hon. ~fr. Jones, Hon. Mr. Wilson, Hon. ~fr. Vvorley, Hon. l\fr. Perry,

MoNDAY, NovEliiBER 16, 1896.

153

Hon. H. :Jic\Yhorter,

Hon. ~Ir. \Yalker,

Hon. Judge X e\YSOme,

Hon. H. F. Dunwody,

Ron. Sam P. Jones,

Hon. Mr. Tinley,

Ron. :Jir. Haralson, Sr.,

Ron. :Jir. Bird,

Ron. J. H. DeYeaux,

Ron. 1Ir. :JIunnerlyn,

Ron. 1Ir. Hines,

Ron. )Ir. :Jiell,

Ron. ::\Ir. Tucker,

Hon. ::\Ir. Day,

Ron. ::\Ir. Hutchins,

Hon. ::\Ir. Hutchinson,

Ron. ::\Ir. Johnson,

Hon. ::\Ir. Reville,

Hon. ::\Ir. Foley, Hon. ~Ir. Kelly, Hon. l\Ir. Culverson,

154

JOURNAL OF THE SENATE.

Ron. Mr. Quillian,

Ron. Mr. Middlebrooks,

Ron. Mr. Gibson,

Ron. :Mr. Harris,

Ron. Mr. Bussey,

Ron. Mr. Bradshaw,

Ron. Mr. Duncan,

Ron. Mr. Brown,

Ron. J. S. Boynton,

Ron. :Mr. Lang,

Ron. 1fr. Greene,

Ron. Mr. Pearson,

Ron. Mr. Hanson,

Ron. Mr. Cunningham, Ron. L. F. Garrard,

Ron. 1fr. Mozley,

Ron. 1fr. Marshall,

Ron. A. D. Candler, Ron. N. J. Hammond,

Ron. :Mr. Featherson, Ron. 1fr. white,

MONDAY, NOVE111BER 16, 1896.

155

Ron. Mr. Faber, Ron. Mr. Hill,

Ron. Mr. Henderson,
Ron. Mr. Thomas,
Ron. Mr. DuPree,
Ron. Mr. Young,
Ron. W m. Phillips,
Ron. Mr. Atkinson,
Ron. Mr. Sutton,
Ron. Mr. l\fann,
Total number of votes 157.
It appearing that no one had received a majority of all the votes cast, the President announced that tl}ere had been no election.
The General Assembly was, on motion, dissolved.
The Senate returned to the Senate Chamber, and was called to order by the President.
The unfinished business of to-day, viz., a resolution on the subject of the lease of convicts, was made the special order for tcrmorrow, immediately after the reading of the Journal.
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:

156

JOURNAL OF TilE ::5EXATE.

By :Mr. Brinson-
A bill "to permit defendants, bona fide in possession of land under claim of title, to set off the value of permanent improvements, and to recoYer the value of same m excess of mesne profits, and for other purposes."
Referred to the General Judiciary Committee.

By l\Ir. Comas-
A bill "to prohibit the practice of law, dentistry, medi cine, etc., in this State, without haYing the special tax as required by law."
Referred to the General Judiciary Committee.

By :Mr. ~Iann-
A bill "to provide for the payment of State witnesses, in criminal prosecutions in the Superior Courts of this State, who are residents of the county in which said Superior Courts are held."
Referred to the General Judiciary Committee.
The Senate adjourned, on moti01:, until 10 o'clock a.m. to-morrow.

Senate Chamber, Atlanta, Georgia, Tuesday, November 17, 18DG, 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.

TrESD.\Y, XoYE)rBEn 17, 1896.

ll'i7

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

Allen, Atkinson, Battle, Blalock, BrinsoP, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, <_.;oJdin,
Goli~htly,
tiray, Ham,
Hopkin~,
Hudson, Kilpatrick, :\lann, :McFarland, Redwine, 8heffield, ::-:hropshire, Starr,

Rtevens, St~wart, 27th, Stewart, 34th, Strother, Thomson, Turner, Van Buren, Walker, 18th, Walker, 40th, \Vestmoreland, Wilcox, Witcher, wooten, Mr. President.

:Mr. Kemp absent.

~fr. Yan Buren, Chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Senate.
The special order of this morning was taken up, to wit:
.A resolution of the Senate "to appoint a joint committee on lease of co1wiets, etc."
The following amendments recommended by the Committee on the Penitentiary were adopted on Saturday:
Amend 1 by adding at the end of the caption of the resolution the following: '..:\nd providing for the attendance of the Principal Keeper of the Penitentiary upon said committee; for the payment of the per diem and ejXpenses of the cornmittee and the expenses of the Principal l(,eeper of the Penitentiary, and for other purposes."

158

JomtNAL OF THE S"NATE.

Amend 2 by adding at the end of the resolution a new section to be known as section 3, the following:

"That. it shall be the duty of the Prinl'.ipal Keeper of the Penitentiary to accompany this committee in its visits to other prisons and reformatories, and to furnish to said committee such inforination and advice as may be required and necessary."

Amend 3 by adding at the end of said resolution a new section to be known as section 4, the followin2': "That the members of the committee be allowed their per diem for such days as they may be in actual serYice and that their traveling and other necessary expenses be paid, and that the necessary expenses of the Principal Keeper of the Penitentiary be likewise paid, such per diem and expenses to le paid out of any funds in the treasury not otherwise appropriated upon the warrant of the Governor."

1\fr. Gray moved to amend by striking out the word "three" in the second line of section 1 and inserting the word "two," and by striking out the word "five" and inserting the word "three" from line 2, section 1, so that the second line of section 1 will read ''two from the Senate and three from the House."

This amendment was adopted.

:;\fr. Hopkins moved to amend b;v striking out of the fifth line of the second section the words "to visit such prisonE and reformatories in the United States."

This amendment was adopted.

l\fr. Rattle moved to reconsider this amendment, but the motion was lost.

TuESDAY, NovEMBER 17, 1896.

159

:Mr. Strother moved to amend section 3, as amended, by adding, "Said committee shall not receive compensation for a longer period than one month in discharging duties imposed by this resolution."

This amendment was lost.

}fr. Sheffield proposed to amend by adding to section 2, '~A competent civil engineer to be appointed by the Gov<lrnor."

This amendment was lost.

The question recurring on the adoption of the resolution, as amended, }fr. Battle required the ayes and nays to be recorded.

Those who voted in the affirmative were Messrs.-

Battle, Blalock, Brinson, Brooke, Castleberry,

Dunwody, Flewellen, Flynt, Gray, Ham,

Stewart, 34th, Turner, Westmoreland, Witcher, Wooten.

Those voting in the negative were Messrs.-

Allen, Atkinson, Cnrter, Comas, Cook, Culver, Geiger, Goldin, Golightly,

Hopkins, Hudson, Kilpatrick, Mann, McFarland, Redwine,
~heffield,
Shropshire, Starr,

Stevens. Stewqrt, 2ith, Strother, Thomson, Van Buren, Walker, 18th, Walker, 40th, Wilcox

Those not voting were l\{essrs.-

Everett,

Kemp,

1\fr. President.

Ayes 15. Nays 26. Not voting 3.

So the resolution, as amended, was lost.

160

, JOURNAL OF THE SENATE.

Mr. Battle gave notice that he should move a reconsideration to-morrow.

The leaw of absence heretofore granted to )Ir. Flynn Hargett, Jr., was indefinitely extended on account of sickness in his family.

The President appointed under joint resolution of the House to appoint a committee to visit the State "Cniversity, )lessrs. Starr~_ Battle, \Yalker of the Fortieth District, )lr. ~Iann, and ~fr. }'lynt.

By resolution of )Ir. Hudson, the privileges of the :floor of the Senate were extended to Mr. Albert S1t1nmer, Colonel George \Y. Jordon, Judge L. C. Ryan, aml Captain J. W. Hightower.

By resolution, Colonel K. J. Ha,Ykins was invited to a seat in the Senate.

The following message was received from the Hou::>e through l\Ir. Hardin, the Clerk thereof:

Jlr. President:

The Honse has passed the following bills of the House by the requisite constitutional majority, to wit:

A bill to amend section 1288 of the Code of 1882 to provide for the payment to managers and clerks of eleetions.

A]so, a bill to provide for the paymen.t of a salary to com1ty school commissioners in lieu of a per diem in certain instances.

Also, a bill to regulate the business of building and loan associations in this State.

TuESDAY, :KovE~IBER 17, 1896.

161

At the hour of 12 o'clock, meridian, the President announced that the time had arrived for the General Assembly to meet in joint session to elect a United States Senator.

-Whereupon, the Senate, in a body, preceded by the President and Secretary, repaired to the Representative Hall, where, being received by the House of Representatives, standing, the President took the chair and called th0 General Assembly to order.

The Secretary of the Senate then read the section of the Code of 1882 prescribing the mode and time of electing a United States Senator as follows, to wit:

Section 1335 (1363) (1282). United States Senators, when elected. [The Legislature of each State, which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress in the place of such Senator so going out of office.] (a)

Section 1336. Election, how conducted. Said election for such Senator shall be conducted in the following manner: Each house shall openly, by a viva voce of each member present, name one person for Senator in Congress from said State, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house, shall be entered on the Journal of each house by the Clerk or Secretary thereof; but if either house shall fail to g-ive such majority to any person on said day, that fact shall be entered on the Journal. At 12 o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the
Us

162

JOURNAL OF THE SENATE.

two houses shall convene in joint assembly, and the Journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be duly declared elected Senator to represent said State in the Congress of the United States. But if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required in this section, the joint assembly shall then proceed to choose, by a vivct 1/0Ce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes o the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one: Yote until a Senator shall be elected.
X ominations were declared in order.

The 11ames of the lions. A. S. Clay, William H. Phillips, and J. F. Hanson were placed in nomination.
The ballot was ordered and resulted as follows:
General \Yilliam H. Phillips received 34 Yotes.

Hon. J. F. Hanson received 3 votes. Hon. A. S. Clay receivecl161 Yotes.

Those Yoting for lion. A. S. Clay of Cobb, were: 1[essrs.-
.'\ tkinson,
Battle,

TuESDAY, NovEMBER 17, 1896.

163

Blaloek,

Drinson,

Comas,

Cook,

CnlYer,

Dunwody,

Flewellen,

Geiger,

Golightly,

Gray,

Ham,

Hopkins,

Hudson,

Kilpatrick,

Mann,

2\IeFarland,

Redwine,

Shefiield,

Shropshire,

Starr,

Stevens:

164

J OUl~NAL OF THE SENATE.

Stewart of the Twenty-seventh District,

Stewart of the Thirty-fourth District,

Thomson, Turner,

Van Buren,

\Yalker of the Eighteenth District, \\Talker of the :Fortieth District,

\Yestmoreland, \'{ilcox,

Witcher, \Yooten,

l\fr. President,

Adams,

Arnold, Awtry, Armstrong,

Atkinson,

Bates,

Bush, Bond,

Berry,

TuESDAY, NovEMBER 17, 1896.

165

Burke,

Bussey,

Black,

Bowden,

Bmwel~

Bartlett,

Brannen,

Boifeuillet,

Boynton of Calhoun,

Boynton of Spalding,

Bennett of Glynn,

Craig,

Cole,

Cook of Decatur,

Calvin,

Collum,

Cannon,

Clement,

Charters,

Chapman,

Copeland,

166

JOURNAL OF TilE SENATE.

Callaway,

Dodson,

Dnffy,

Durham,

Dickerson,

Duncan of Chatham,

Duncan of Houston,

Duncan of Lee,

Ellis,

Edwards,

Faust,

Ford,

Fogarty,

:Felder,

Felker,

Freeman,

Hall,

Hill,

Hitch,

Hamby,

Hightower,

TUESDAY, NOVEMBER~17, 1896.

167

Hardeman,

Herrington,

Henderson of Colquitt,

Henderson of DeKalb,

Henderson of Irwin,

Henderson of \Vashington.

Jordan,

J olmson of Hall,

Johnson of Baker,

.Tohnson of Appling,

Kiser,

Kendrick,

Lance,

Little,

I.ongley,

Moore,

Mozley,

Morgan,

1faddox,

Mansfield, Jl.f o rriso n,

168

JOURNAL OF THE SENATE.

McDonald,

:McLaughlin,

:Mc:1iichael,

McConnell,

McCook,

:ll1:cCranie

McLarty,

:llicGehee,

Nisbet,

Niles,

Nevins,

Oliver,

Oakes,

Ogletree,

Patten,

Paulette,

Parker,

Pierce,

Phinizy,

Quillian,

Rawls,

TuESDAY, NovEMBER 17, 1896.

Hi9

Reid,

Heece,

Roberts,

Rawlings,

Redding,

Rudicil,

Rutherford,

Slaton,

Swift,

Simpson,

Smith of Hancock,

Taylor,

Turner,

Thomason,

Timmerman,

Thomson,

Thomas of Clarke,

Thomas of Pierce,

Thomas of Ware,

Vaughn,

Vincent,

170

J OUl~~AL OF THE SENATE.:

\Vest,

Webb,

Wright, watkins,

Whipple, \Vilkes,

Whitaker,

\Vorsham,

Wilcox of Telfair,

Wilcox of \Vilcox,

Yates,

:Mr. Speaker, Total161.

Those voting for Ron. William Phillips, of Cobb, were Messrs.:

Brooke,

Baggett, Bennett of Jackson,
Carter~

Castleberry,

Flynt,

TuESDAY, NoYEliiBER 17, 1896.

171

Goldin,

Cook of Oconee,

Calhoun,

Deakin,

Edge,

Edenfield,

Ennis of Baldwin,

Foster,

Gowen,

Grice,

Hogan,

Hawes,

Johnson of Taliaferro,

Kaigler,

Leard,

Lott,

lleadow,

~fontfort,

Nicholas,

Sell,

Strother,

172

JOURNAL OF THE SENATE.

Walden.
Total 29.
Those voting for the Ron. J. F. Hanson, of Bibb, were Uessrs.-
Allen,
Law,
McDaniel.
Total 3.
The lion. A. S. Clay, having received a majority of all the votes cast, the same being a majority of the General Assembly, was declared by the President duly elected TJnited States Senator for the term commencing :March 4, 1897.
The General Assembly wa.o, on motion, dissolved. The Senate retumed to its chamber and was called to order by the President.
The following bills of the House were read the first time, and referred as indicated, to wit:
A bill to amend section 1288 of the Code of 1882.
Referred to the General Judiciary Committee.
A bill "to provide for the payment of a salary to county school commissioners in lieu of a per diem in certain instances, and for other purposes."
Referred to the Committee on Public Schools.

TLTESDAY, NovEl\IBER 17, 18!)6.

173

A bill "to amend an act to regulate the business of building and loan associations incorporated or hereafter to be incorporated under the laws of this State," etc.

Referred to the Commitee on Banks.

The following joint resolution from the House, "to appoint a committee to nttend the commencement exercise.,; of the Georgia School of Technology," was taken up and concurred in.

Also, n joint resolution "to attend the commencement of the Georgia Normal and Industrial College in 1897," was taken up and concurred in.

The Senate took up the report of the committee of tho whole on the bill of the House "to amend an act approved SeptembE'r 26, 1883, entitled an act to incorporate the Georgia Loan and Trust Company."

The report was agreed to.

The bill was read the third time and passed, ayes 30, nays 0.
:Mr. Battle offered the following resolution of condolence~ which was read and unanimously agreed to:

Resolved 1. That the Senate has just heard with sorrow of the death of the father of Hon. Flynn Hargett, the worthy Messenger of the Senate.

Resolwd 2. That we extend our sincere sympathy to our bereaved friend, the :Messenger of the Senate, and the family of his deceased father.

The SenatE., on motion, adjourned until 10 o'clock a.m_ to-morrow.

174

JouRNAL OF THE SENATE.

Senate Chamber, .Atlanta, Georgia, "'Wednesday, November 18, 1896, 10 O'clock a.m.
The Senate met pursuant to adjournment, the President in the ehair.

Prayer was offered by the Chaplain.

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

Allen, .Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, l<'le well en, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart, ~ith, Stewart, 3-!th, Strother, Thomson, Turner, Van Buren, Walker, 18th, Walker, -!Oth, Westmoreland, Wilcox, Witcher; vVooten, Mr. President.

Mr. Kemp absent.

:?o.Ir. Van Buren reported the Journal correct. It W<1S then read and confirmed.

:Mr. Hudson offered a resolution inviting to seats in the
Senate Dr. ,V. P. Burt, Colonel C. R. }IcCrary, and Ur. W. D. :Murray during thei! stay in this city.

:Mr. Battle moved a reconsideration of the resolution of the Senate "to appoint a joint committee on lease of conYicts," etc., which was amended ~esterday and lost.

L"pon the motion to reconsider, :?o.Ir. Hopkins required the ayes and nays to be recorded.

"WEDNESDAY, NOVEMBER 18, 1896.

175

Those Yoting in the affirmative were J'lfessrs.-

Battle, Brinson, Brooke, Carter, Comas, Cook, Culver, Vunwody, Everett, Flewellen,

Flynt, Geiger, Goldin, Gray, Ham, Hudson, Kilpatrick, Mann, McFarland, Redwine,

Shropshire, Starr, StP.wart, 2ith, Stewart, 3-lth,
Turn~;>r,
Van Buren, Walker, 18th, Wilcox, Witcher, Wooten.

Those Yoting in the negative were :Messrs.-

Allen, Atkinson, Rlalock, Castleberry,

Golightly, Hop kim, Sheffield, Stevens,

Strother, Thomson, \Yalker, 40th, Westmoreland.

Those not voting were :Messrs.-

Kemp,

Mr. President.

Ayes 30. Nays 12. Not voting 2.

So the motion to reconsider prevailed.

On motion of ::\fr. Battle, the reconsidered resolution was recommitted to the Committee on the Penitentiary.

::\fr. Battle, Chairman of the General Judiciary Committee, submitted the following report:

Jfr. Prcsidc-11 t:

The General Judiciary Committee have had under consicleration Senate bill X o. 7, being a bill to be entitled an act to amend section 1305 of the Code of 1882, changing .the time of electing members of Congress from Georgia, and for other purposes, and I am directed to report the same back with the recommendation that Senator Stev-em, the introducer, be allowed to withdraw the same.

176

JOURNAL OF THE SEN ATE.

The committee have also had under consideration Senate bill No. 17, being a bill to be entitled an act to provide for the payment of State's witnesses in criminal prosecutions in the Superior Courts of this State who are residents of the county in which said Superior Courts are held, and for other purposes, and I am directed to report the same back with the recommendation that the same do not pass.
Respectfully submitted.
C. E. BATTLE, Chairman.

Mr. Comas, chairman of the Committee on Deaf and Dumb .Asylum, submitted the following report:

Mr. President:

Your committee have had under consideration House resolution No. 29, substituting the name "Georgia School for the Deaf" for "Deaf and Dumb," and instruct me to report the same favorably.
Respectfully submitted.
P. H. COMAS, Chairman.

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

Mr. President:

Your committee report as duly enrolled, signed by the Speaker and Clerk of the House, and ready for the signatures of the President and Secretary of the Senate, the fotlowing resolution, to wit:

A resolution in regard to the death of the Hon. Charles F. Crisp.
Respectfully submitted. E. L. BRINSON, Chairman.

WEDNESDAY, NOVEMBER 18, 1896.

177

:llr. ~\fcFarland, chairman pro tern. of the Committee on Public Schools, submitted the following report:

Mr. President:
The Commit~ee on Public Schools have had under consideration the following bill of the House, to wit, and direct me to report the same, with recommendation that the same do pass:

A bill to be entitled an act to provide for the payment of a salary to county school commissioners in lieu of a per diem in certain instances, and for other purposes.
Respectfully submitted. T. F. ~Ic:FARLAKD, Chairman pro tern.

l!Ir. Starr, chairman of the Committee on Education, submitted the following report:

Mr. President:
The Committee on Education have had under consideration Senate bill No. 14, a bill to be entitled an act to provide for the election by the people of the county school commis1~ioners of the various counties in this State; to prescribe their term of office, and for other purposes, which they report back, with the recommendation that the same do not pass.
Respectfully submitted. 0. N. STARR, Chairman.

llh. Blalock, chairman of the Finance Committee, suba mitted the following report:

111r. President:
The Finance Committee have had under consideration
12 s

178

JOllllNAL OF TilE SENATE.

House resolution No. 31, being a joint resolution to provide for the payment of teachers in this State, which they direct me to report back to the Senate with the recommendation that the same be concurred in by the Senate.

Respectfully submitted.

A. C. BLALOCK, Chairman.
Senator Golightly, chairman of the Committee on Cor~ porations, submitted the following report, to wit:
11fr. President:

The Committee on Corporations have had unde1 consideiation the following bill of the House, and direct me to report same, with recommendation that the same do pass, to wit:

li. bill providing for census of cities to be taken under supervision of the Secretary of State.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

'The Senate, on motion, took up the joint resolution from the House "to provide for the pay of teachers in this State."

1\fr. Carter moved to amend by striking out the "fourth quarter" and inserting "third quarter.

This amendment was adopted.

:lfr. Battle moved to lay the resolution on the table. The motion was lost.

The resolution, as amended, was agreed to.

'VEDNESDAY, NOVEMBER 18, 1896.

179

The following .message was received from the Houstl through l\fr. Hardin, the Clerk thereof:

.i.lfr. President:

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

A resolution appointing a joint committee to consider
the report of the special attorney of the 'Vestern and At-
lantic Railroad, and has appointed on the part of the Hom:e ~fei3srs. :Meldrim, Slaton, and Patten.
~ . .
- On the call of the roll for the introduction of new mat-
ter, the following bills were introduced, read the first tin1e,
and refened as indicated, to \Vit:

13y l\fr. Hopkins-

To amend the charter of the town of Quitman so as to authorize the mayor and aldermen of said town to maintain a dispensary for the sale of ardent spirits, malt liquors, cider and all other intoxicating liquors in said town.
Referred to the Committee on Corporations.

By :J.fr. Redwine-

A bill to provide for the transfer of corporate stock when med as collateral security, and to provide for the protection of the holders thereof.
Refened to the General Judiciary Committee.

By Mr. Strother-

A bill to authorize the Governor to appoint a SchoolBook Board, etc.
Referred to the Committee on Education.

180

JOURNAL OF THE SENATE.

Leave of absence for to-morrow was granted the committee to visit the State University and State K ormnl School.

Senators Gray and Shropshire were granted leaves of absence for to-morrow to attend to special committee work.

The privileges of the floor of the Se1_1ate were granted by resolution to :M:essrs. Richard D. Wyley, F. H. :JicFarland, D. Munroe Dunwoody, Hon. \V. \V. Graham, J. \Y.
Tippan, P. A. Parker, Hons. J. :M:. Denton, \\T. \Y. :Me-
Donald, Judge \V. F. Dart, and Hon. James H. Skelton.

lVIr. Strother offered the following resolution of sympathy, which was read and unanimously adopted:

"Whereas, God, in his providence, has bereaved the esteemed Senator of the Forty-third District, Hon. 0. N. Starr, and his dear family by removing by death from his home circle his dear little son; therefore, be it

"Resolved, That his body exte1;1q to the bereaved Senator and his family their profound sympathy in this hour of their great sorrow."

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

Senate Chamber, Atlanta, Georgia, Thursday, November 19, 1896, 10 O'clock a.m. The Senate met pursuant to adjournment, and was called to order by the President.
The roll call was, on motion, dispensed with.

THURSDAY, NovEMBER 191 1896.

J 81

)fr. Van Buren, from the Committee on Journals, reported the Journal correct. It was then read and confirmed.

)Jr. "Witcher was granted leave of absence for to-day on account of sickness.

. Mr. \Yestmoreland was granted leave of absence on account of his attendance upon the State Convention.

Leave of absence was granted Mr. Stevens inde-hnitely on account of sickness in his family.

)Ir. \Valker, of the Eighteenth District, offered a resolution to appoint a special joint committee of three from the Senate and five from the House to confer with the Principal Keeper of the Penitentiary, etc.

This resolution was read the first time and referred to the Committee on the Penitentiary.

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

Jfr. President:

The House has passed the following bill of the House by the 1eqnisite constitutional majority, to wit:

A bill to prohibit the municipal authorities of any in<:<trporated town from levying or collecting any tax or license from traveling salesmen, and for other purposes.

The House has also adopted the following resolutions of the House, in which the concurrence of the Senate is asked, to wit:
..
A resolntion authorizing the Governor to pay the Trus-

182

JOUltNAT. OF TilE SENATE.

tees of the University of Georgia a balance due on the appropriation made by the last General Assembly.

Also, a resolution to pay the committee and clerk of the Penitentiary Committee appointed to investigate the convicts, etc.

The joint resolution from the House substituting th.~ name "Georgia School for the Deaf" for "Deaf and Diunb."

The resolution was taken up and concurred in.

The bill of the Senate to amend section 1305 of the Code of 1882, changing the time of electing members of Congress, which was reported back to the Senate with the reeommendation that the introducer be allowed to withdraw the same, was taken up and laid on the table.

The bill of the Senate to provide for the election by the people of county school commissioners of the various connties in this State, etc., was taken up under adverse report of the Committee on Education, and, on motion of l\fr. Geiger, recommitted to said committee.
)Ir. Turner, under general consent, introduced a bill to abolish barrooms; to prohibit manufacture, sale and keeping for sale of intoxicating liquors for beverage purposes, and to provide for its manufacture and sale for other pur-. poses; to prescribe penalties for the violation of this act, and for other purposes.
This bill was read the first time and referred to the Committee on Temperance.
)fr. Comas introduced a bill to authorize the ordinary of Appling county to issue jail bonds and the manner and method of issuing the same.

THURSDAY, NovEMBER 19, 1896.

183

This bill was read the first time and referred to the Committee on Corporations.

The bill of the Senate to provide for the payment of State witnesses in criminal cases in the Superior Courts of this State who are residents of the county in which said Superior Courts are held, which was taken up under adverse report of the General Judiciary Committee, was taken up and lost by agreement with said report.

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

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

A RESOLUTIOX

'Vhereas, The Governor, in his message to the General Assembly, reconm1ends an appropriation for the Middle Georgia J\Iilitary and Agricultural College,

Resohed, That the Committee on the Lunatic Asylum, or a subcommittee therefrom, be requested to visit and inspect and report upon said college.

)fr. Sheffield introduced a bill, which was read and referred to the Committee on Finance, to require the taxcollectors of this State to make weekly reports under oath of all taxes collected, and to pay the same into the State and county treasuries, or into banks designated by the Governor as State depositories; to prescribe penalties for failure to do so, and for other purposes.
The following bills of the House were read the second time and passed to a third reading, to wit:

184

JOURNAL OP THE SENATE.

A bill to provide for the payment of a salary to the county school commissioners in lieu of a per diem in certain cases, and for other purposes.
AJso, a bill providing for census of cities to be taken under supervision of the Secretary of State.
The bill of the House to prohibit the municipal authorities of any incorporated town from levying or collecting any tax or license from trayeling salesmen engaged in taking orders for sale of goods where no delivery is made flt th~ time of taking such orders.
This bill was read the first tim~ and referred to the General Judiciary Committee.
A joint resolution of the House to pay the clerk of the Pardons Commission was read the first time and referred to the Committee on Appropriations.

A joint resolution of the House authorizingthe Governor to pay to the Trustees of the University of Georgia a balance due on the appropriation made by the .tast General Assembly of Georgia to the State Normal School was reau the first time and referred to the Committee on Appropriations.

A joint resolution providi:Q.g for the appointment of a committee to visit the ~fiddle Georgia Military and Agricultural College at :Milledgeville was taken up and concurred in.

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

FRIDAY, NovEMBER 20, 1896.

185

Senate Chamber, Atlanta, Georgia, Friday, November 20, 1896, 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:

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen,

Geiger, Goldin, Gray, Ham, Hudson, Kemp, Kilpatrick, Mann, :McFarland, Redwine, Sheffield, Shropshire, Starr,

Stewart, 27th, Stewart, 34th, Strother, Thomson, Turner, Van Buren, walker, 18th, walker, 40th, ~r e s t m o r e l a n d , Wilcox, Witcher, Wooten, Mr. President.

Those absent were llfessrs.-

Flynt, Golightly,

Hopkins,

Stevens.

Mr. Van Buren, 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 ::\fr. Hardin, the Clerk thereof:

Mr. President:

The House has passed the following House bills by the requisite constitutional majority, to wit:

186

JOURNAL OF THE SENATE.

A bill to create a Board of Commissioners of Roads anrl Revenues for the county of Walton, and for other pu:-poses.

Also, a bill to repeal an act to make permanent the site of public buildings in the county of Walton.
The House has concurred in the Senate amendment to the following joint resolution of the House, to wit:
.1\- resolution to provide for the payment of teachers in
this State, and for other purposes.

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

A resolution appointing a committee to visit, the Girls' Normal and Industrial College at JYiilledgeville, and has appointed on the part of the House llt(essrs. Armstrong, McGehee, Worsham.

On the call of the roll for the introduction of new matter, Mr. Comas introduced the following bill, which was read the first time and refeiTed to the Committee on General Judiciary, to wit:

.A bill to make counties liable for damages where prisoners are taken from the custody of an officer and violence or injury is inflicted upon them, and for other purposes.

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

A bill to repeal an act to make permanent the site of the public buildings of the county of vValton at Monroe and to incorporate the same, approved November 30, 1821,

FRIDAY, NoVEMBER 20, 1896.

187

etc., so as to repeal the charter of said town, and for oth-~r purposes.
Referred to the Special Judiciary Committee. _

Also, a bill to create a Board of Commissioners of Road;; and Revenues for the county of \Yalton.
Referred to the Special Judiciary Committee.

:Jfr. Battle, chairman of the General Judiciary Committee, submitted the following report:

l.Ir. President:

The General Judiciary Committee haYe had under consideration Senate bills K os. 1 and 11 in reference to establishing a Board of Dental Examiners, etc., which they eli rect me to report back with the recommendation that the same be read the second time and recommitted.

Said committee haYe also had under consideration Senate bill R o. 18, being a bill to be entitled an act to prohibit the practice of law, medicine, etc., in this State without having paid the special taxes as required by law, etc., which they direct me to report back with the recommendation that the same do pass as amended.

Said committee have also had under consideration House bill No. 15, being a bill to be entitled an act to prohibit the municipal authorities of any incorporated town from levying or collecting any tax or license from traveling salesmen engaged in taking orders for sale of goods where no delivery is made at the time of taking orders, which they direct me to report back with the recommendation that the same do pass.
Re_spectfully submitted. C. E. BATTLE, Chairman.

188

JOURNAL OF THE .SE~ATE.

The joint resolution of the House providing for the appointment of a committee to visit the Girls' Normal and Industrial College at Milledgevi1le was, on motion, taken up and concurred in.

The bill of the House providing for census of cities to be taken under supervision of the Secretary of State was taken up under favorable report of the Committee on Corporations.

The report was agreed to.

The bill was read the third time and passed, ayes 34, nays 0.

The Senate took up the report of the Committee on Public Schools on the bill of the House to provide for the payment of a salary to county school commissioners in lien of a per diem in certain cases, and for other purposes.

The report was agreed to.

The bill was read the third time and passed, ayes 34, nays 0.

The following bills of the Senate were read the second time and recommitted to the General Judiciary Commi1t.ee, to wit:

A bill to establish a Board of Dental Examiners, prescribe its duties, etc.

Also, a bill to establish a Board of Dental Examiners for the State of Georgia, to define its duties, etc.
On motion of Mr. Dunwody, the House bills passed this day were ordered to be immediately transmitted to the Honse.

FRIDAY, NOVEMBER 20, 1896.

189

The bill of the Senate to prohibit the practice of law, medicine, dentistry, etc., in this State without having pai.cl the special tax required by law, etc., was read the second time and passed to a third reading.

The bill of the House to prohibit the municipal authorities of aJ)y incorporated town from levying or collecting any tax or license from traveling salesmen engaged in taking orders for sale of goods where no delivery is made at the time of taking such orders, was read the second time and passed to a third reading.

l\fr. \Valker, of the Fortieth District, was granted leave of absence until wednesday next; :Mr. Flynt until Tuedday next; ).Ir. Walker of the Eighteenth District, for :Monday next; Mr. Hopkins until Monday next; I\fr. Wooten until \Vednesday next, and Mr. Cook until Tuesday morning next.

The committee of the Senate to visit the Girls' Normal and Industrial College at Milledgeville are :Messrs. \Valker of the Eighteenth and Stewart of the Thirty-fourth Di>:itrict.

Mr. Atkinson, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

The Committee on Temperance have had under consideration Senate bill No. 22, known as the anti-barroom bill, and direct me to ask that one hundred copies be printed for the use of the committee and Senate.

A. A. ATKINSO~, Chairman.

The report was taken up and adopted.

190

JolilllNAL oF THE SE~ATE.

By resolution of :Mr. Everett, the privileges of the floor were granted to the Hon. Graham Forater and Hon. Euge11e Winn during their stay in this city.

The Senate took a recess for fifteen minutes. At the expiration of this period it was called to order, when, on motion, a further recess was taken until ten minutes oi 12 o'clock m.

The Senate was called to order.

The following message was received from his Excellency, "the Governor, through Mr. \Varren, his Secretary: '

Afr. Presiden,t:

I am directed by the Governor to deliver to the Senate a sealed communication in writing, to which he respectfull;r invites the consideration of your honorable body in exeCHtive session.

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

Mr. Hudson introduced a bill to enlarge the powers of the Hailroad Commission of Georgia so as to require railroads to receiYe, receipt for and deliver cars and freights, and to prevent discriminations.

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

Mr. Berner introduced a bill to amend an act to incorporate the )fonroe Banking, Loan and Guarantee Company, and for other purposes.

This bill was read the first time and referred to the Committee on Banks.

FRIDAY, NOVEMBER 20, 1896.

191

~fr. Blalock introduced the following bill, which wa,; read the first time and referred to the Committee on Railroads, to wit:

A bill to authorize the Railroad Commission of Georgia to compel the shipper or consignee or officer, agent or employe of a common carrier to give evidence on certain co~l ditions, touching complaints of violations of the la'.Y against granting or giving rebates and underbidding bY common carriers and to exempt such persons so compelled to testify from indictment or prosecution for his connection with any such transactions, to make such persons thereafter competen.t and compellable to testify in the courts of this State and for other purposes.

Mr. Comas introduced a bill to authorize the ordinarie:;
of the counties of Appling, vVayne, and Pierce to fonn
chain-gangs for misdemeanor convicts, etc., which was read the first time and referred to the Committee on Corpora tions.

l\Ir. Brinson, chairman of the Enrollment Committee, submitted the fo1lowing report:

.Mr. President:

Your Committee on Enrollment have examinedthe following act and find it properly enrolled and ready for the signatures of the President and Secretary of the Senate, to wit:

An act to proYide for the payment of a salary to county school commissioners in lieu of a per diem in certain instances, and for other purposes.
Respectfully submitted. E. L. BRINSON, Chairman.

192

JOURNAL OF THE SENATE.

The Senate adjourned, on motion, until 12 b'cloc~ m. :M:onday next.

Senate Chamber, Atlanta, Georgia, :M:onday, November 23, 1896, 12 O'clock m.
The Senate met pursuant to adjournment, the President in the chair.

Prayer was offered by Hon. William Turner, Senator from the Twenty-seventh District.

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

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Culver, Everett, Flewellen, Geiger,

Goldin, Gray, Ham, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stewart, 27th, Stewart, 34th, Strother, Thomson, Turner, Van Buren, W e!ltmoreland,
Wilcox,
Witcher, Mr. President.

Those absent were 1\fessrs.-

Comas, Cook, Dunwody, Flynt,

Golightly, Hopkins, l:ltevens,

Walker, 18th, Walker, 40th, Wooten.

:M:r. Van Buren, from the Committee on Journals, reported the Journal correct.
It was then read and approved by the Senate.

MoNDAY, NovEMBER 23, 1896.

193

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 incorporate the city of Monroe, in the county of walton.
Also, a bill to amend an act incorporating the American Trust and Banking Company.
Also, a bill to authorize the Supreme Court to appoint three additional shorthand writers.

Also, a bill to incorporate the city of Fitzgerald, and for other purposes.

Also, a bill to provide for the election of clerks of Boards of Commissioners of Roads and R.evenues, and for other purposes.

Also, a bill to amend the charter of the Georgia Empire Mutual Insurance Company.
The House has also adopted the following joint resolutions, in which the concur11ence of the Senate is asked, to wit:

A resolution to invite Dr. Wm. Boggs, Chancellor of the State University, to address the General Assembly on the 24th inst.

Also, a resolution providing for the indexing of the Journals of the Senate and House of 1896 and 1897.
ISs

194

JOURNAL OF THE SENATE.

Also, a resolution to appoint a committee to visit the State Industrial College for Colored People.

Also, a resolution for the appointment of a School-Book Commission, and for other purposes.

Mr. Battle, Chairman of the General Judiciary Committee, submitted the following r~port:
1Jfr. President :
The General Judiciary Committee have had under consideration the following bills, which they direct me to report back, with the recommendati()n that the same do not pass, to wit:

Senate bill No. 2, being a bill to be entitled an act to amend paragraphs 2 and 3 of section 3 of article 6, and paragraph 1 of section 11 of article 6 of the Constitution of this State, so as to provide for the election of Judges of the Superior Courts and Solicitors-General by the electors of their respective judicial circuits.

Also, Senate bill No. 5, being a bill to be entitled an act to define and punish the crime of stealing hogs, cattle, :sheep, and other domestic animals of less value than ~$20.00) twenty dollars, and to provide penalties therefor.
Also, Senate bill No. 12, being a bill to be entitled an act to prescribe the mode and authorize the collection of State, county and municipal ta..xes, of individuals or corporations, on property which has been placed in the hands of receivers by the courts.
Also, Senate bill No. 25, being a bill to be entitled an act to make counties liable for damages where prisoners are taken from the custody of an officer and violence or injury is inflicted upon them, and for other purposes.

MoNDAY, NoVElllBER 23, 1896.

195

The committee have alsohad under consideration Senate. bill No. 16, being a bill to permit defendants bona fide in possession of land under claim of title, to set off the value of permanent improvements, and to recover the value of the same in excess of mesne profits, and for other purposes, which they direct me to report back, with the recommendation that the same do pass, as amended.

The committee have a~so had under consideration Senate bill No. 4, being a bill to be entitled an act to repeal the t~ird section of an act approved December 16, 1895, entitled an act to provide for the appointment of auditors, prescribe their duties, fL>: their compensation, etc., and to provide in lieu thereof, that all a"\:ceptions of fact to the report of the auditor shall be tried by the jury, which they direct me to report back, with the recommendation that the same do pass.

Respectfully submitted. C. E. BATTLE, Chairman.

::\fr. Brinson, Chairman of the Committee on Enrolling, submitted the following report:

1lfr. President:

The Enrolling Committeehave had under consideration the following bill of the House, and direct me to report the same as duly enrolled, properly signed by the Speaker of the House and Clerk of the House, and ready for the signatnres of the President of the Senate and Secretary of the Senate, to wit:
An act providing for census of cities to be taken under superYision of the Secretary of State.

196

JOURNAL OF THE .SENATE.

Also, a resolution substituting the name "Georgia School for the Deaf," for Deaf and Dumb..
Also, a joint resolution to provide for the payment of teachers in this State.
Respectfully submitted.
E. L. BRINSON, Chairman.

:M:r. Brinson, Chairman of the Enrolling Committee submitted the following report:
jJ;Jr. President:
The Enrolling Committee have examined and direct me to report the following bill of the House as properly enrolled, duly signed by the Speaker and Clerk of the House of Representatives, and ready for the signatures of the President and Secretary of the Senate, to wit:
An act to amend an act approv~d Septem"ber 26, 1883, entitled an act to incorponte t~e Georgia Lo~ and Trust Company.
Respectfully submitted.
E. L. BRINSON, Chairman.

::M:r. Stewart, of the Thirty-fourth District, Chairman of the Committee on Banks, submitted the following report:
~Vr. President:
The Committee on Banks have had under consideration the following Senate bill, which they recommend be read the second time and be recommitted to the Committee on Banks, to wit:

MoNDAY, NovEMBER 23, 1896.

r97

A bill to be entitled an act to amend an act incorporating the Monroe Banlring, Loan and Guarantee Company.

Respectfully submitted. T. D. STEWART, Chairman.

Mr. Dunwody was excused from attendance upon this day's session of the Senate.

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

To provide for the election of their clerks by the Boards of Commissioners of Roads and Revenues, in the varioUs counties of this State, to define their duties, etc.

Referred to the Committee on Corporations.

A bill to incorporate the c!ty of Monroe, in the county of
'Valton, etc.

Referred to the Special Judiciary Committee.

A bill to incorporate the city of Fitzgerald, in Irwin county.

Referred to the Special Judiciary Committee.

A bill to amend the charter of the Georgia Empire Mutual Insurance Company.

Referred to the Committee on Corporations.

A bill to amend an act to incorporate the American Trust and Banking Company, approved August 29, 1889, and also an act amendatory thereof, approved December 20, 1890, etc.
Referred.t~,-~ Comritittee on Banks.

JouR~AL O"F THE SENATE.
}fr. Gray introduced a bill, which was read the first time, and referred to the Committee on Temperance, to wit:
A bill to prohibit the sale of any intoxicating, fermented or distiJled liquors, in less quantities than one pint, and prohibit the drinking or use of the same on the premises where sold; prescribe punishment for violating, and for other purposes.
The Secretary, Hon. Wm. Clifton, was granted leave of absence for several days on business.
.A resolution of the House, to appoint a committee to
visit the State Industrial School for Colored Persons, was taken up, read and concurre<l in.
A resolution from the House, inviting Dr. Boggs, Chancellor of the University of Georgia, to address the General Assembly at 11 o'clock, Tuesday next, was taken up, read and concurred in.
The following joint resolution of the House, relative to the appoi.D.tment of a School-Book Commission, etc., was read the first time.
Referred to the Committee on Education.
A resolution providing for the indexing of the Journals of the House and Senate for the sessions of 1896 and 189'7, was read the first time.
Referred to the Committ.ee on Appropriations.
A bill of the House to authorize the Supreme Court to appOint three additional shorthand writers, and for other purposes.

TuESDAY, NovEMBER 24, 1896.

199

Referred to the Committee for the Relief of the Supreme Court.

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 incorporating the Monroe Banking, Loan and Guarantee Company.

A bill to repeal the third section of an act approved December 16, 1895, entitled an act to an1end an act to proYide for the appointment of auditors; prescribe theix duties, fix their compensation, etc., and to provide in lieu thereof that all exceptions of fact to the report of the auditors shall be tried by a jury.

Also, a bill to permit defendants bona fide in possession of land under claim of title, to set off the value of permanent improvements and to recover the value of ~me in excess of mesne profits, and for other purposes.

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

Senate Chamber, Atlanta, Georgia, Tuesday, November 24, 1896, 10 O'clock a.m. The Senate met pursuant to adjournment, aml was cnllccl. to order by the President pro tern.
Prayer was offered by the Chaplain.
On the call of the roll, the following Senators answ.:red to their names.

200

JouRNAL OF THE SENATE.

Those present were Messrs.-

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Everett,

Flewellen, Flynt, Geiger, Goldin, Gray, Ham, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine,

Sheffield, Shropshire, Starr, Stewart, 27th, Stewart, 34th, Strother, Thomson, Turner, VanBuren, Walker, 18th, Wilcox, Witcher.

Those absent were Messrs.-

Dunwody, Golightly, Hopkins,

Stevens, Walker, 40th, Westmoreland,

Wooten, Mr. President.

Mr. Van Buren, chairman of the Committee on Jour nals, reported the Journal correct. It was then read and confirmed by the Senate.

Mr. Stewart of the Thirty-fourth, chairman of the Committee on Banks, submitted the following report:

Mr. President:

The Committee on Banks have had under consideration the following bills, which I am instructed to report to the Senate that they do pass, to wit:

A bill to be entitled an act to amend an act incorporating the Monroe Banking, Loan and Guarantee Company.

Also, a bill to be entitled an act to amend an act to regulate the business of building and loan associations heretofore or hereafter incorporated under the laws of this State

TUESDAY 1 NOVEllfBER 24, 1896.

201

which do business outside of this State, etc., and for other purposes.

Respectfully submitted.

T. D. STEWART, Chairman.

Mr. Battle of the Twenty-fourth District, chairman of the Committee on General Judiciary, submitted the following report:
Mr. President:
The Committee on General Judiciary have had under consideration the following bill of the Senate and direct me to report the same back to the Senate with recommendation that the same do not pass:
A bill to be entitled an act to prohibit railroad companies and other companies from giving to public officers of the State free passes, franking privileges, and for other purposes.
Respectfully submitted. C. E. BATTLE, Chairman.
Mr. Kilpatrick asked until to-morrow to furnish and file a minority report on the foregoing bill.
Mr. Blalock, chairman o the Committee on Finance, submitted the following report:
Jfr. President:
The FinanceCommittee have had under consideration the following bill, which they direct me to report back to the Senate with the recommendation that the same do pass as amended, to wit:

202

Jourt~AL OF TilE SE8ATE.

A bill by J\fr. Sheffield, of the Ninth District, to be en titled an act to require tax-collectors of this State to make weekly reports under oath of all taxes collected; to pay the same into the State and county treasuries or into banks designated by the Governor as State depositories; to prescribe penalties for failure to do so, and for other purposes.
Respectfully submitted.
A. C. BLALOCK, Chairman.

The following bills of the Senate, adversely reported, were, on motion, laid on the table for the present, to wit:

A bill to amend paragraphs 2 and 3 of section 3 article 6; paragraph 1 of section 11 of article 6 of the Constitution of this State so as to provide for the election of Judges of the Superior Court and Solicitors-General by the electors of their respective circuits.

Also, a bill to define and punish the crime of stealing hogs, cattle, sheep and other domestic animals of less value than twenty dollars.

The following bills of the Senate were taken up under adverse report of the General Judiciary Committee, to wit:

A bill to make counties liable for damages where prisoners are taken from the custody of an officer and violence or injury is inflicted upon them, etc.
Also, a bill to prescribe the mode and authorize the collection of State, county and municipal taxes which has been placed in the hands of receivers.
The Senate took up the report of the General Judiciary

TuEshAY, 'NovEMBER 24, 1896.

203

Committee on the bill to repeal the 3d section of an act approved December 16, 1895, entitled an act to amend an act to provide for the appointment of auditors, prescribe their duties, fix their compensation, etc., and to provide
or in lieu thereof that all exceptions of fact to the report
the auditor shall be tried by a jury.

The report was agreed to.

The bill was I'ead the third time and passed, ayes 31, nays 0.

The following message 'vas received from the House through Jl.fr. Hardin, the Clerk thereof:

M" Pres-ident: The House has passed the following bills of the House
by the requisite constitutional majority, to wit:

A bill to establish a city court in the city of Eiberton, .and for other purposes.

Also, a bill to authorize the town of Royston to issue 8Jlll sell bonds for school purposes.
0
Also, a bill to incorporate the town of Yatesville, in Up-
son county.

Also, a bill to incorporate the town of Plains, in Sumter county.

Also, a hili to make penal the collecting or receiving

fees for obtaining pensions for Confederate soldiers in

Georgia.



.Also, a bill to incorporate the city of Elberton, in Elbert cou~ty; to change the name of the town of Elberton to the
city of Elberton.

204

JtitrnzUL- OF THE BENATE.

The bill of the Senate to pennit defendants bona fide b possession of land under claim of title to set off the value o! pennanent improvements and to recover the value of the same in excess of mesne profits, and for other purposes.

On motion of :Mr. Battle, this bill was ordered to lay <m the table for the present and one hundred copies thereo-:, with the amendments reported by the General Judiciary Committee, be printed for the use of the Senate.

The Chaplain of the Senate was granted leave of absence for a few days to attend the North Georgia Conference.

The bill of the Senate to prohibit the practice of law, medicine, dentistry, etc., in the State without having paid the special ta...x, etc., was made the special order for :Monday next.
The following communication was received from his Ex-cellency, the Governor, through his Secretary, :Mr. W arren7
to wit:

I am directed by the Governor to deliver to the Senate a ealed co~nication, to which he respectfully invites the .consideration of your honorable body in executive session.

:Mr. Goldin, by general consent, introduced the following bills, which were read the first time and referred to the Committee on }'inanoo, to wit:

A bill to reduce, fix and regulate the salaries of the Treasurer, Secretary of State, Compt:J,"Oller-General, Commissioner of Agriculture, and the per diem of the members of the General Assembly.

Also, a bill to reduce,. fix and regulate the salaries d

TuEsDAY, NovEMBER 24, 1896.

201>

-the Governor of this State, the Judges of the Supreme Court, the Judges of the Superior Courts, and the Attorney-General of this State.

Mr. wilcox offered a resolution extending sympathy tv the Cubans, etc., which was read and referred to the Committee on the State of the Republic.

The Senate took up the report of the Gene1.al Judiciary Committee on the bill of the House to prohibit the municipal authorities of any incorporated town from levying or collecting any tax or license from traveling salesmen engaged in taking orders for sale of goods where no delivery is made at the time of taking such orders.

The report was agreed to.

The bill was read the third time and passed, ayes 2'7,. nays 0.

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

A bill to incorporate the city of Elberton, m Elbert. county, etc.

Referred to the Committee on Corporations.

A bill to authorize the town of Royston, in Franklin county, to issue and sell the bonds of said town for the purpose of erecting public school buildings, etc.

Referred to the Special Judiciary Committee.

A bill to incorporate the town of Yatesville, in the county of Upson, etc., and for other purposes.
Referred to the Committee on Corporations.

206

J ouk~A.L oF -ruE SENATE.

. A bill to make penal the collecting or receiving of fees for obtaining pensions.

Referred to the Committee on Pensions.

A bill to establish a city court in the city of Elberton. Referred to the Special Judiciary Committee.

A bill to incorporate the town of Plains, in the county of Sumter.

Referred to the Committee on Corporations.
At 'the hour of 11 o'clock a.m. the President pro tern. announced that the time had arrived to meet in General Assembly for the purpose of hearing the annual address of the Chancellor of the State University.

Wher-eupon the Senate, in a body, preceded by the Pre'lident pro tern. and the Assistant Secretary, proceeded to the House of Representatives.

Being received by the House, standing, the President pro tern. took the chair, called the General Assembly to order, and introduced Dr. Boggs, the Chancellor, who proceeded to deliver his annual address. At its conclusion, the General Assembly was, on motion, dissolved.

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

The Senate took up the report of the Committee on Banks on the bill of the Senate to amend an act incorporating the Monroe Banking, Loan and Guarantee Company, and for other purposes, adopted October 22, 1887, aml which was afterwards amended by changing the name of

TUESDAY, NOVEMBER 24, 1896.

207

said bank to the Bank of Forsyth, approved-- 1895, by giving the said corporation additional powers, and for other purposes.

On motion of :Mr. Berner, the title was amended by filling the blank therein with the words "December 4th."

The report, as amended, was agreed to.

The bill was re.ad the third time and passed as amended, ayes 25, nays 0.
On motion of )fr. Berner, it was ordered to be immediately transmitted to the House.

The bill o-f the Senate to require the tax-collectors o-f this State to make weekly reports under oath of all taxes collected, and to pay the same into the State and county treasuries or into banks designated by the Governor as State depositories; to prescribe penalties for failing to do so, and for other purposes, was read the second time and passed to a third reading.

The bill of the House to amend an act to regulate business of building and loan associations heretofore or here after incorporated by the laws of this State which do business in this State, w~s read the second time and recom mitted to the Committee on Banks.

Leave of absence was granted the Committee on Lunati!: Asylum, :Messrs. Stewart o-f the Thirty-fourth and walker of the Eighteenth Districts, until Friday to Yisit the Gnls' Xormal and Industrial College at )IilledgeYille.

Lea,Te of absence was grant.ed l\Ir. Strother for Friday, Saturday, ancl J[onday morning.

'208

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, wednesday, November 25, 1896. JO O'clock a.m. The Senate met pursuant to adjournment and was called to order by the President.
The call of the roll was, on motion, dispensed with.
lfr. Van Buren, chairman of the Committee on Journals, reported the Journal correct. It was then read and ~onfinned by the Senate.
Mr. Westmoreland, chairman of the Committee on Engrossing, submitted the following report, to wit:
Mr. Presid.fip,t:
The Committee on Engrossing have examined the following Senate bills and direct me to report the same duly engrossed and ready to be transmitted to the House of Representatives:
A bill to be entitled an act to amend an act to incorpo rate the }.fonroe Banking, Loan and Guarantee Company, and for other purposes.
Also, a bill to be entitled an act to repeal the third section of an act approved December 16, 1895, to amend an act to provide for the appointment of an auditor, and fot other purposes.
Respectfully submitted. G. F. WESTMORELA}..T]), Chairman.

vVEDXESDAY, NovEMBER 25, 1896.

209

J.fr. Dunwody, of the Fourth District, chairman pro tem. of the Committee on Helie of Supreme Court, submitted the following report:

Jir. President:
Your Committee on Helie of Supreme Court have had under consideration the following House bill, to wit:

.~ bill to he entitled an act to authorize the Supreme Court to appoint three additional shorthand writers, and :t'(Jr other purposes, and they direct me to report the bill back with the recommendation that the same do pass.

Respectfully submitted. HARRY F. Dl'X\VODY, Chairman pro tem.

On the call of the roll for the introduction of new matter. the following bill was introduced, read the first time, and referred to the General Judiciary Committee, to wit:

B.Y J\Ir RechYine-
~l bill declaring express companies operating and doing hminess in this State common carriers, and proYiding for their regulation and control hy the Railroad Commission.

The -fol]o,Ying message was receiYed from the Hou;;e tlnm1gh J.fr. Hardin, the Clerk thereof:

Jlr. President:

The Honse has passed the following Honse hill by the nqnisite constitntional majority, to wit:

..:\bill to anthorize the cit~' of Angnsta to grant the use of the streets of Augnsta to any railroad company or cor-
l'Ol'Fl tion.
14 s

210

JIJt:lt:\AL OF TilE SE:'\:ITE.

~Ir. nra:, of the Twenty-third District, Chairman pro tcm. of the (\mnuittce on _\ppropriations, snlnnittcd the following report:

Jb-. President:

The Committee Oil Appropriations haYo ha!l nuder eonl'idPJ'ation the following joint rcBolutions of the House, which they direct me to report back to the Senate with the rerommemlation that the same be read the scron(l time and n<cmnuittcd to the Committcc 011 ~\ ppropriatiom;, to wit:

Xo. 2-l-, a re~nlntion )H'o\idiup: for the imltxiug of the ~lournals of the Honse of HcpreBentatiws and Senate for the scst:ions of 18!Hl-1 S!)l.

Abo, Xo. 1-l-, n joint rcsolution authorizing tho Gonrno.r lo pa: to the Trustees of the rniYersit.r of Georgia a ba1Hll.:"<' due Oil the appropriatiolls made by the last General .Assemhl: of Georgia to tlw State X ormal St'hool.

Al~o, X o. ]1, a joint re::;olution anthoriziHg tho ( ;<w:t'rnor to draw his ,\arrant upon the Trcasmpr of the State -'r the amount of the per diem of the eounuittPe appointed by the Jast neneraJ _\.t;SCll!bJ.' to inYestigate into the rec~Wt!s of the penitPutimy, and al,:o for elerk hire for said committe c.
HcsrPetf11lly submitted. C. (;. (; IL\.Y, Chairman pro tcm.

Til(' Sruatc, 011 uwtiou, Wl'Ut iuto CXPenti\'C :,;(s:;ion an l, hn1ing ~p<nt ;;nnw tinte tlteJcin, rdmuc<l to open sc~Riou.

l'n<l>r a ;.n,-pPm<ion of the rule,:, the hill of the llon,:e to authorize the Snprrmr ( 'onrt to appoint three a!l<litional shorthand \\Titer,:, and for otlwr pnrpo:;e:;, was taken up, read t.hr se<oll<l time, aml pas...;ed to a third reading.

"rEDNESDAY, NovE:UBER 2-5, 1896.

2ll

ruder further suspension of the rules, a bill to authorize the eity <'OUIH'il of Augusta to grant the use of the street-:; of the city of Augusta, to any railroad company or corporation, by steam locomotive or other power, etc., was read the :tirst time, and referred to the Committee on Corporations.
:r'he President announced the following as the committee to visit the Georgia Sehool of Technology during the commencement exercises, in 1897, viz.: ~Iessrs. Blalock, 2\Ic:Farland, Wilcox, Hopkins, and Brooke.

The following joint resolutions from the House were read the second time, and recommitted to the Committee .on Appropriations, to wit:
. _\. joint resolution to pay the clerk of the Pardon Commisswn .

\.lso, a joint resolution authorizing the Governor to pay the Trustees of the rniversity of Georgia a balance due on the appropriation made by the last General .Assembly of Georgia to the State X ormal School.
Also, a joint resolution providing for the indexing of the Journals of the House of Representatives and Senate for the sessions of 18!)(3 and 1897.

The Senate took up the report of the :Finance Committee on the bi]] of the Senate to require the tax-collectors of this State to make weekly reports, under oath, of ali taxes collected, and to pay the same into the State and c-ounty treasuries, or into banks designated by the Governor a~ State depositories; to pres<'ribe penalties for failure to -do so, and for oth<>r purposes.

212

JOURNAL OF THE SENATE.

The committee reported in favor of the passage of the bill, with amendments, which were adopted.

The report was agreed to.

The bill was read the third time, and on the question of its passage, as amended, there were ayes 18, there were nays 6.

So the bill, not having received a constitutional majority, was lost.

)[r. Sheffield gave notice that he would move a reconsideration of the same.

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

A bill to amend the charter of the city of Augusta, by . anthorizing the city comH'il of Augusta to impose lieem;e ta..'H'S upon all occupations, etc., by residents or non-residents, and for other purposes.

A bill to define the powers of the Hecorder of the city of Augusta, etc.

A bill to create a Board of Commissioners of Roads and
Rewnucs for the county of 'yalton, etc.

"r Also, a bill to repeal an act to make permanent the site
of the public buildings of the county of alton, at }[onroe, etc.

::\Ir. Shropshire, Chairman of the Committe on Special .Judiciary, submitted the following report:

.1/r. Pn'sident: Your committee have had under consideration the fol-

"WEDNESDAY, NOVEMBER 25, 1896.

213

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

A bill to be entitled an act to create a Board of Commissioners of Roads and Rev-enues for the county of \Valton.

~\. bill to define the powers of the Recorder of the city of .:\.ngnsta, as to fines and penalties to be imposed by him for Yiolation of the rules, regulations, etc.

~\. bill to be entitled an act to amend the charter of the the city of .Angusta, by authorizing the city council of ~\.ngnsta to impose license taxes upon all occupations, etc., hy residents or non-residents, and for other purposes.

A bill to be entitled an act to repeal an act to make permanent the site of the public buildings of the county of \\ralton, at ~Ionroe, and for other purposes.

Hespcetfully submitted.

wESLEY SHHOPSHIRE, Chairman.

~Ir. Gray offered a joint resolution authorizing the appointment of two Assistant Doorkeepers, which was read, and referred to the Committee on Appropriations.
The hill of the Senate to prohibit the granting of passes to public officers by railroads, etc., was taken up, under adYerse report of the General Judiciary Committee, and on motion of ~Ir. Carter.
On the question of agreeing to the adverse report of the committee, ~Ir. Carter required the ayes and nays to be recorded.

21-!

.JOUHXAL OF TilE SEXATE.

Those Yoting in the affirmative were ~Iessrs.-

Allen, Atkinson, Battle, Brinson, Dnnwody, Hopkins,

Mann, i\IeFarland, Redwine, Sheffield, Shropshire, Starr,

Van Buren, Walker, -!Oth, Westmoreland, Wilcox, 'Vitcher.

Those Yoting in the negative were )Iessrs.

Brooke, Carter, Flewellen, Flynt,

Golightly, Gray, Ham, Kemp,

.Kilpatrick, Strother,
Tnrn~r.

Those no.t voting were :Messrs.-

Blalock, Castleberry, Comas, Cook, Culver, Everett,

Geiger, Goldin, Hudson, Stevens, Stewart, 2ith.

Stewart, 3-!th, Thomson, Walker, 18th,
"'ooten. 1\ir. President.

Ayes 17. Nays 11. Not voting 16.

So the report was agreed to, and the bill lost.

The joint committee appointed to investigate the question of the Blue Ridge and Atlantic Railroad, submitted the following report:

Mr. PTesident:

The joint committee from the House and Senate having had under consideration the joint resolution to investigate the question as to whether the Blue Ridge and Atlantic Railroad Company had complied with the conditions of the act approved December 16, 1895.
1. \Ye find all taxes, State, county and municipal, were paid within the time prescribed by said act.

FRIDAY, NovE)IBER 27, 1896.

2'15

'2. \Ve fin<l that a daily schedule was put on, within the tiuw pre>scribc<l hy said ad, aml has been in operation since.

il. "\\'e find that t.h< hridg-es, trestle:<, amlroad-hed of said railroad han~ bcen put in, and are now .in safe awl good cmHlition.

He:::pectfully submitted.

FLETCIIEH ~f. JOIIXSOX, Chairman, On the part of the House.

C. G. GHAY, Chairman, On the part of the Senate.

The report was read, and, on motion, adopted.

The Senate, on motion, adjourned until Friday next, at 11 o'clock a.m.

Senate Chamber, Atlanta, Georgia, Friday, NowmLcr 27, 18!)6, 11 O'dock a.m.
The Senate met pursuant to adjournment, and was called to order by the President of the Senate.

Prayer was offered by the Ron. l\Ir. Atkinson.

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

Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas,

Geiger, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick,

Starr, Stevens, Stewart, 34th, Thomson, Turner, Yan Buren, Walker, 18th, 'Valker, 40th,

216

JouRNAL oF THE SENATE.

Cook, Dunworly, Everett, Flewellen, Flynt,

Mann, McFarland, Redwine, Sheffield, Shropshire,

Westmoreland, Wilcox, Witcher, Mr. President.

Those absent were :Messrs.-

Allen, Culver,

Goldin, Stewart, 27th,

Strother, Wooten.

Mr. Van Buren, Chairman of the Committee on Journals, reported the Journal correct.

It was then read and confirmed by the Senate.

Leave of absence was granted Mr. Allen and the Doorkeeper of the Senate, on account of sickness.

Mr. Sheffield moved a reconsideration of a bill of the Senate to require the tax-collectors of this State to make weekly reports, under oath, of all taxes collected, and to pay over the same into the State and county treasuries, etc.

The motion to reconsider prevailed.

:Nir. Battle, of the Twenty-fourth District, Chairman of the General Judiciary Committee, submitted the following 11eport:

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

~<\bill to be entitled an act to establish a Board of Dental Examiners, prescribe its powers and duties, and to l'egulate dentistry and the practice thereof, and to repeal existing laws regulating the same, and for other purposes.

FRIDAY, NovE)IBER 27, 1896.

217

Also, a bill to be entitled an act to amend section 1288 of the Code of 1882.

The committee have also had under consideration Senate bill ~o. 11, by l\ir. Hudson, of the Thirteenth District, lJeing a bill to be entitled an act to establish a Board of Dental Examiners for the State of Georgia, to define its duties and powers, to protect the people from illegal and unqualified practitioners of dentistry, to regulate the issuing and recording of licenses, etc., which they direct me to report back, with the recommendation that the author be allo"ed to withdraw the same.
Respectfully submitted.
C. E. BATTLE, Chairman.

On the eall 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. Brinson-

A bill to authorize the :Mayor and Council of the town of ].Iillen to issue bonds to the amount of $8,000, for the purpose of constructing and equipping an academy or academies for said town, and for purchasing a lot or lots upon which to erect the same, to provide for the payment of th~ principal and interest on said bonds by local taxation, etc.

RPferred to the Special Judiciary Committee. J3,v ].Ir. :Mann-

A bill to proYidc extra compensation for County Commissioners, Ordinaries, or County Judges, in counties operating under the Hoad Laws, and for other purposes.
Referred to the General Judiciary Committee.

218

JouiC\AL oF TilE SE:"'ATE.

B; :Jlr. Helhriue-
~\ bill to (reate a Commissioner of Roads awl ReYenues for the county of Jackson, etc.
Hderre1l to the Special .Tll<liliary Committee.

The Senate took up the report of the Special .Tmliciary ( 'ommitt('e on the hill of the I fonse to amend the eharter of tlw <ity of A ngnsta, hy anthorizing the City Council of .\ ngnsta to impose license taxeii upon all orenpations, hy resi1leuts or uon-resi1lents, and for other purposes.

The committee reported in faYor of its passage with an mnPndmcnt, "hieh was agreed to, and the report "as adopted.

Proof of legal notice was submitted.

The bill was read the third time, and passed, as amended, ayes 30, nays 0.

The bill of the House to define the powers of the Rec-order of the rity of Augusta, as to fines and penalties to be imposed by him, etc.

The report was agreed to.

Proof of legal notice was submitted.

The bill was read the third time, and passed, ayes 32, nays 1.

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 \Yalton, etc.

The report was agreed to. Proof of legal notice was submitted.

FRIDAY, ~OYE)IBER 27, 1896.

21~

The bill "as read the third time, and passed, ayes 24:, nays 0.

The Senate took up the report of the Committee for Re]ipf of the Supreme Comt, on the bill of the House to authorize the Supreme Court to appoint three additional shorthall<l "TitPrs, and for other purposes.
The report was agTeecl to.
The hill was read the third time, and passed, ayes 26~ nayg 0.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to create a Board of Vcntal Examiners, preseribe its powers and duties, etc., and for other J1lll1)0ses.
The committee reported in favor of its passage by substitute.

Pending aetion on the report of the committee, the bill was laid on the table.

It was ordered that one hundred copies of the substitute he printed for the use of the Senate.

The following bills of the House were read the second time, and passed to a third reading, to wit:
To amend section 1288 of the Code of 1882.
Also, a bill to repeal an act to make permanent the site of the public buildings of the county of Walton, at Monroe, etc.

220

JoUHNAL OF THE SENATB.

~fr. Shropshire, Chairman of Special Judiciary Committee, submits the following report:

1ll1. P.resident:

Your committee have had under consideration the following House bill, which they instruct me to report back, with the recommendation that the same be read the second time, and recommitted to the Special Judiciary Committee, to wit:

A bill to be entitled an act to incorporate the city of Fitzgerald, in Irwin county, and for other purposes.
Respectfully submitted, WESLEY SHROPSHIRE, Chairman.

The bill o-f the Honse to incorporate the <"ity of Fitzgerald, in Irwin county, and for other purposes, was read the second time, and recommitted to the Special Judiciary Committee.

On motion of )Ir. Sheffield, the Senate took up the report of the Finance Committee on the reconsidered bill of the Senate to require the tax-collectors of this State to make weekly reports, under oath, of all taxes collected, and to pay the same into the State and county treasuries, or into the banks desig11ated by the GoYernor as State depositories, to prescribe penalties for failnre to do, and for other purposes.

The committee reported in faYor of its passage, with .amendments, which were adopted.

The report was agreed to.

The bill was read the third time, and passed, as amended; :ayes 34, nays 0.

FRIDAY, NOVEMBER 27, 1896.

221

On motion of :Mr. Hopkins, the following bill of the Senate, adnrsel~ reported by the General Judiciary Committee, \Yas taken from the table, and made the special order for \\'edne:-<lay next, immediately after the reading of the ,] ournaL to wit:

A hill to ameJHl paragraphs 2 and 3 of section 3 of article G, paragraph 1 of section 11 of article G of the Constitu-
tion of this State, so as to proYide for the election of Judges of the Snperior C'onrt.:; and Solicitors-G e~eral, by the electors of thf'ir respeetiYe einnits.

On motion of ::.Ir. (~ray, the bill of the Senate, which was a<lYersPly reported by the General Judiciary Committe-e, and laid on the table, was taken from the table, and the qnestion of agwf'ing to the repmi of the committee wa:- taken np. to \\it:

~\ hill to dC'fiHe aJI<l pn11ish the <"rune of stealing hogs, <"attl<'. etc-. alHl other domestic animals.

The allwrse report was agreell to, and the bill was, therefor(', lo~t.

The following lf'aYes of ah,-eJHe were grantell, to wit:

::\Ir. (;ray, for to-morrow; ::\Ir. Ham, for a few days; ::\fr. ::\[eFarlaH<l, nntil ::.ron<la~; ::.Ir. Sheffield, until Thnrsday morning Pext, and to ::.Ir. Kf'mp nntil Tuesday.

B." resolution of }fr. (;piger, the Hon. E ..A. \Yeil was tenderpd a seat in the Se11ate.

The Senate, on motion, adjonrned until 10 o'elock a.m_ to-morrow.

222

JoUrtXAL OF TilE SENATE.

Senate Chamber, Atlanta, Georgia, Saturday, November 28, 18U6, 10 O'elock a.m.
The Senate met pursuant to adjournment, and was ealled to order by the Presillent.

Prayer was offered.

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

Atkinson, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Dunwody, Everett, Flewellen, Flynt,

Geiger, Golightly, Hopkins, Hudson, Kilpatrick, Mann, l\1 cFarland, Shropshire, Starr, Stevens,

Stewart, 27th, Stewart, 3-Hli, Thomson, Turner, Van Buren, Walker, 40th, Wilcox, Witcher, 'Vooten, Mr. Prt>sident.

Those absent were Messrs.-

Allen, Battle, Blalock, Culver, Goldin,

Gray, Ham, Kemp, Redwine,

Sheffield, Strother, 'Valker, lHth, 'Vestmoreland.

~Ir. Y an Buren, from the Committee on Journals, reported the Journal correct.

It was then read a.ncl confirmed by the Senate.
~Ir. Stewart, of the Thirty-fomth Distriet, in behalf of ::\lr. Oray, gaye notiee of a motion to reconsider the bill of the Senate to define and punish the crime of stealing hogs, <Httle, etc., of less Yalue than $20.00, etc.
On motion of ~fr. Stewart, of the Thirty-fomth District, t!Je question of reeonsideration was made the speeial order

SATURDAY, NOYE:~!BER 28, 1896.

223

for Tnes<lay, immediately after the reading of the Jonr1i!tl. the rules being suspended for this purpose.
.2\Ir. Atkiuson, of the Twenty-sixth District, Chairman pro tem. of the Committee on State of the Republic, submittell the following report:

Jlr. l'rc.sidcut:
Your Committee on State of the Hepnblic haYe had under consideration the resolution of ::\Ir. "Wilcox, of the Fifth l >istriet, requesting our RepresentatiYes to use their influ<uee in Congress to obtain belligerent rights for the Cubans, aud iu,-trnet me to report the same back to the Senate, fa,orably, as amended.
Respectfully submitted.
AT.EX.\TKIXSOX, Chairman.
Tlw following mes8agc was receiwd from the House through ::\Ir. Hardin, the Clerk thereof

:llr. l'l't'8idcnt:

The Honse has pai'i'ed tiH' following hills of the House, l>,Y the requisite <onstitntionalmajority, to wit:

A hill to estahlish a system of pnblic schools in the town

of Roswell.



Also, a hill to preseribe who are qualified to Yote in the Yillage of SmnmerYille, in Riehmond county.

"\lso, a hill to amend an act approYed September 12,

1,c;:-; 'j, to fix t be time of adjonrnment of Superior and City

Courts in this State.



224

, , JouRNAL OF ruE SENATE.

Also, a bill to change the time of holding !IcDuffie Superior Court.

A.lso, a bill to provide additional method for collecting purchase money notes for personalty.

Also, a bill to change the time of holding the fall term of Pike Superior Court.
Also, a bill to authorize the Commissioners of the village of Summerville to proYide for the reg-istration of voters.

Also, a bill to provide for the payment of costs in cidl ca~es in the County Court;; and J nstice Courts.

Also, a bill to authorize recording bonds for titles to real e;::tate.

Also, a bill to amend section 815 of Yolume 3 of the Code of 1895.
Also, a bill to reincorporate the _\t.lantic, Atlanta and ( ;reat \Yestern Railroad and X aYigation Company, apIrowd September 22, 188i.

Also, a bill to appropriate $2,300 to meet a deficit in<'urred by the Board of Trustees of the Georg-ia School for the Deaf.

. Also, a bill to protect the State and counties thereof when public work is let out by bidding.

Also, a bill to incorporate the Finance Banking Company, of Atlanta, Georg-ia.
Also, a bill to abolish the City Court of ElbE.'rt. count.'
'fhe Honse has also adopted the follmYing rewlution, in which the concurrence of the Senate is a_skecl, to wit:

SATURDAY, KovE~BER 28, 1896.

225

A resolution authorizing the Gonrnor to relinquish all daims of the State against the Blue Ridge and Atlantic
I~ailroad.

11Ir. SteYens, of the EleYenth District, Chairman of the Committee on ..\ ppropriations, submitted the following report:
Jb. Prcsidei1t:
Your Committee on -'"-ppropriations haYe hacl under consideration the follmYing resolutions, which they direct me to report back to the Senate, with the recommendation that the same do pass:

;\.. resolution proYi<ling for the indexing of the Journals of the Honse of HepresentatiYes and Senate, for the sessions of 1fl!.l6 and 18!J7.

.Also, a resolution authorizing the GoYernor to pay to the Trustees of the rniYersit,Y of Georgia, a balance due on the appropriation made b,Y the last General .Assembly of C eorgia to the State X ormal School.
Also, a resolution recognizing the appointment of two a~sistants ma<lc h; the Doorkeeper of the Senate.

Your committee haYe also had under consideration the following resolution, which they direct me to report back to the Senate, with the recommendation that the same do pass, as amended:

A resolution authorizing the Gowrnor to dra" his warrants upon the Treasurer of the StRte, in payment of the per diem of the members of the Penitentiary Committee, appointed under a joint resolution of 1805, and the sum of
)5 s

226

JouRNAL OF TIIE SENATB.

one hundred dollars per month for the clerk of said committee.
Respectfully submitted.
0. B. STEVEXS, Chairman.

1\Ir. Stewart, of the Thirty-fourth District, Chairman of Committee on Banks, submitted the following report:
J[r. President:
The Committee on Banks haYe had under consideration the following Honse bill, which they instruct me, as chairman, to report back to the Senate, with the recommendation that the same do pass:

A bill to be entitled an act to amend an act to incorporate the American Trust and Banking Company, approved August 29, 1889, and also an act amendatory, approved December 20, 1890, etc.

The committee have also had under consideration the following House bill, which they instruct me to report back to the Senate, with the recommendation that the same do pass, as amended:

A bill to be entitled an act to amend an act to regulate the business of building and loan associations, heretofore or hereafter incorporated under the laws of this State, which do business outside the State, etc., and for other purposes.
Respectfully submittec1.
T. D. STEWART, Chairman.

SATURDAY, NovE~IBER 28, 18!:16.

227

'The following leaves of absence were granted, to wit:

To ~Ir. Goldin for a few days on account of sickness; to 1Ir. Geiger for a few days on account of sickness; to 11:r. \Yalker indefinitely, on account of sickness; 1Ir. Castleberry until \Yednesday next, on important business.

By resolution of :Mr. Thomason, the Ron. D. B. Nichol:son was tendered a seat in the Senate.

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

A bill to protect the State and counties thereof where public work is let out by bidding'.

Referred to the General Judiciary Committee.

A bill to amend section 815 of volume 3 of the Code of 1895.

Referred to the General Judiciary Committee.

A bill to amend an act approYed September 21, 1891, to fix the time for adjournment of Superior and City Courts of this State, so that the same shall not apply to any City <Court haYing. as many as six terms per year.

Referred to the General Judiciary Committee.

A bill to abolish the City Court of Elbert county, and for other purposes.

Referred to the Special Judiciary Committee.

A bill to change the time of holding ::YicDuffie Superior
1(\)lll't.

Tiefcrred to Special Judiciary Committee.

228

Joutt~AL OF THE SENA'rE.

A bill to provide an additional method of collecting purchase money notes for personalty, where the title to personalty is reserwd by the vendor.
Referred to the General Judiciary Committee.

A bill to re-enact an act to incorporate the Atlantic, Atlanta and Great \Vstern Hailroad and X avigation Company, approved September 22, 1887, and to amend said act.

Referred to the Committee on Corporations.

A bill to change the time of holding the Superior Court of Pike county.
Heferred to the Special Judiciary Committee.

A bill to authorize the recording of bonds for titles to real estate.
Referred to the General Judiciary Committee.

A bill to appropriate $2,500 to meet a deficit ineurred hy the Board of Trustees of the Georgia School for the Deaf for the year ending September 30, 1896, etc.

Referred to the Committee on Appropriations.

A bill to amend an act to incorporate the Finance Banking Company, of Atlanta, Georgia, approved X ovember 13, 1889.

Referred to the Committee on Banks.

A bill to make certain and provide for the payment of t:osts in civil cases in the County and the Justices' Courts of this State, etc.
Referred .to the Generai Judiciary Committee.

SATURDAY, NovEMBER 28, 1896.

229

A bill to authorize the commissioners of the village of Sunnnenille, in Hichmoml county, to provide for the registration of the qualified Yoters in said village.

Referred to the Special Judiciary Committee.

A bill to prescribe who a~e qualified to vote in all elections in the village of Smmnerville, in the county, of Richmoml.

Referred to the Committee on Corporations.

A bill to ameml an act to establish a system of public :schools iu the town of Hoswcll. Cobb county.

Referre<l to the tipecial ;Judiciary Committee.

The resolution of the Honse authorizing the Governor to relinquish all rlaims of the State against the Blue Ridge and Athmtie Railroad.

Heferre<l to the Committee on Hailroads.
The foll~wing ronnmmication \\'as received from his Excellency, the Governor, through :Jir. \Yanen, his Secretary, to wit:

I am directed by the Governor to cleliYer to the Senate a sealed rommnnication, to which he respectfully invites the eonsi<leration of your honorable body, in executiYe
SeSSIOn.
The Senate, on motion, went into executive session, and having spent some time therein, returned to open session.
:l\Ir. Starr, of the Forty-third District, Chairman of the

230

J UUltNAL OF TilE SENATE.

Committee on Education, submitted the following report,. to wit:
JJfr. President:

The Committee on Education have had under consideration the following joint resolution of the House, and direct me to report the same, with recommendation that the same do pass, as amended:

A joint resolution, relative to the appointment of a School Book Commission, etc.
Respectfully submitted.
0. X. STARR, Chairman.

Mr. Starr, of the Forty-third District, Chairman of the Committee on Education, submitted the follmYing. report,. to wit:

Mr. Prcsiden t:

The Committee on Education haYe had under consideration the following Senate hill, which they direct me to report hack, with the recommendation that the author be allowed to withdraw it:

A bill to be entitled an act to provide for the election, by the people, of the County School Commissioners of the various counties in this State, to prescribe their term of office, and for other purposes.

Respectfully submitted. 0. N. STARR, Chairman.

SATURDAY, NovEUBER 28, 1896.

231

~fr. Shropshire, Chairman of the Special Judiciary Com mittee, submitted the following report:

11Ir. President:

Your committee have had under consideration the fol . lowing House bills, and recommend me to report back that they do pass, as amended, to wit:

A bill entitled an act to incorporate the city of :Monroe, in the county of \Yalton, and define its limits, and for other purposes.

A bill to be entitled an act to incorporate the city of Fitzgerald, in Irwin county, and for other purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

l\fr. Brinson, of the Committee on Enrollment, sub mitted the following report:

1Jf1. President:

The Committee on Enro11ment have examined the fol lowing Senate resolution, and.direct me to report the same as duly enrolled, and ready for the signatures of the Presi dent and Recretary of the Senate:

A resolution requesting the appointment of a joint committee of two from the Senate and three from the House, :for the purpose of considering the report of the special attorney of the \Vestern and Atlantic Railroad, and for other purposes.

Respectfully submitted. E. L. BRINSOX, Chairman.

232
!Ir. Battle, Chairman of the General Judiciary Committee, submitted the following report:
Jh. President:
The General Judiciary Committee haYe had under consideration the following bills of the Senate, to wit, and direet me to report the same baek, "ith directions, as indieated:
.A hill to he entitled an act to quiet the title of persons in posse!'i.Sion, claiming title hy prescription to nngTanted lands, and for other purposes, which tlH':'" direct me to report do pass, b~ ~uhstitute.
Also, a bill to he entitled an aet declaring express compcynies, operating and doing business in this State, eommon earriers, and providing for their regulation and control by the Hailroad Commissioners, 'vhich they direct me to report back, with the request that the same he read the second time, and recommitted to the General J mliciary Committee.
Also, a bill to he entitled an act to proYide extra compensation for County Commisstoners, Ordinaries or County .Judges in counties operating under the new road law, and for other purposes, which they direct me to report, with the recommendation that the introdueer he allowed to "ithdraw the same.
Respectfully submitted.
0. E. BATTLE, Chairman.
}Ir. Redwine was excnsecl from this day's session.

SATURDAY, NovE~fBER 28, 1896.

233

The resolution of the Senate extending sympathy to the Cubans, was taken up, under the report of the Committee on the State of the Republic.
The said committee reported in favor of its adoption, "ith certain amendments, which were agreed to.
The report was agreed to, and the resolution, as amended~ was adopted.

A joint resolution of the House, relatiYe to the appointment of a School-Book Commission, was reall the second time.
The bill of the House to ameml an act to incorporate .tho American Trust and Banking Company, approYed August 2!J, 188D, etc., was read the second time, and passed to a third reading.

A joint resolution of the Senate, proYiding for the appointment of two a<hlitional .Assistant Doorkeepers, was read the second time, aml passed to a third reading.
l~mler a suspension of the rules, }fr. Turner introduced a bill to amend seetion OG7 of the Code of 1882, etc.
This bill \\"as read the first time, and referred to the General J udieiary Committee.
On motion of l\Ir. Shropshire, the report of the Special Judiciary Committee on the bill of the House, to incorporate the eit.y of Fitzgerald, in Irwin county, Georgia, was taken up.
The committee reported in faYor of its passage, with certain amendments.

234

JOURNAL OF THE SENATE.

The amendments were adopted, and the report wa::; agreed to.
The bill was read the third time, and passed, as amended; ayes 25, nays 0.
Proof of legal notice was submitted. On motion of :Mr. Shropshire, the bill, as amended, was ordered to be immediately transmitted to the House.

The Senate took up the report of the Committee on Appropriations, on the resolution of the House authorizing the Governor to pay to the Trustees of the "Lniversity of Georgia, a balance clue on the appropriation made by the last General Assembly of Georgia to the State Normal School.

The report was agreed to.

The resolution was read the third time, and on the qu~s tion of concurring in the same, the ayes and nays were recorded.

Those voting in the affirmative were }fessrs.-

Atkinson, Battle, Blalock, Brooke, Carter, Comas, Cook, Dnnwody,

Everett, Flewellen, Flynt, Golightly, Hopkins, Kilpatrick, Starr, S ewart, 27th,

Stewart, 34th, Turner, Van Buren, Walker, 40th, Westmoreland, \Vooten. Mr. President.

Those not voting were Messrs.-

Allen, Brinson, Castleberry, Culver,

Ham, Hudson, Kemp, Ma11n,

Shropshire, Stevens, Strother, Thomson,

SATURDAY, NOVEMBER 28, 1896.

235-

Geiger, Goldin, Gray,

McFarland, Redwine, Sheffield,

Walker, 18th, Wilcox, Witcher.

So the resolution was concurred in.

The Senate took up the report of the Committee on Appropriations on the joint resolution from the House pwviding for the indexing of the Journals of the House of Representatives and Senate for the sessions of 1896 and 1897.

The report was agreed to.

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

Those who voted in the affirmative were :Messrs.-

Atkinson, Battle, Blalock, Carter, Cook, Dunwody, Everett, Flewellen,

Flynt., Golightly, Hopkins, Kilpatrick, Mann, Shropshire, Starr, Stewart, 27th,

Stewart, 34th, Thomson, Turner, Van Buren, Walker, 40th,
"'estmoreland, Wilcox, Wooten.

Those not voting were 1\fessrs.-

Allen, Brinson, Brooke, Castleberry, Comas, Culver, Geiger,

Goldin, Gray, Ham, Hudson, Kemp, McFarland, Redwine,

Sheffield, Stevens, Strother, Walker, 18th, "Witcher, Mr. President.

So the resolution was concurred in.

The bill of the House to incorporate the city of :Jlonroe. etc., in 'Walton county, was read the second time, aml passed to a third reading.

"236

Jou1t=--AL oF THE SE:'IATE.

)fr. Everett was granted leave of absence for a few dayi', ou important business.

)fr. Stewart, of the Thirty-fourth District, was granted leaw of absence until Tuesday at noon.

Tlle Senate, haYing disposed of all business on the desk of the Secrtary, adjourned, on motion, until 10 o'clock a.m. )fonday.

Srnate Chamber, Atlanta, Georgia, ~Ionday, X oYember 30, 18DG, 10 O'clock a.m.
The' Senate met pursuant to adjournment, and was called to order b3' the President.
Prayer "'as offered by Senator Turner, of the ThirtyseYenth District.
The call of the roll was, on motion, dispensed with.
)fr. Y an Buren, Chairman of the Committee on Journals, reported the Journal correct.
It was then read and confirmed by the Senate.
The special order for this morning, immediately after rcading the J omnal, was taken up, and, on motion of .}fr. Stewa1i, of the Twenty-sewnth District, laid on the table, to wit:
A bill to prohibit the practice oi law, medicine, dentistry,
etc., in this State, without having paid the special tax, etc.

MoNDAY, NovE:~IBER :~o, 1896.

2;37

:Jfr. Brinson, Chairman of the Committee on Enrollment, submitted the following report:

llfr. President:

Your Committee on Enrollment have examined the following acts, and find them properly emollecl and ready for the signatures of the President and Secretary of the Senate, to "it:
An act to prohibit the municipal authorities of any incorporated town from leYying or collecting any tax or license from traYeling salesmen engaged in taking orders for sale of goods, where no dcliwry is made at the time of tl'king such orders.

Respectfully submitted.

E. L. BRINSOX, Chairman.

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

By ~fr. Carter_:_

A bill to equalize the burden of taxation, by proYiding means for assessing taxes on real estate held under bonds for titles, and for other purposes.

Referred to the General Judiciary Committee. By ~Ir. Cu!Yer-

A bill to proYicle for establishing public roads, and for other purposes.

Referred to the Committee on Public Roads.

238

JOURNAL OF THE f::lENATE.

By :Mr. Walker of the Fortieth District-

A bill to provide where the stock law shall go into effect where any militia district in the future may adopt the stock law, and for other purposes.

Referred to the Special Judiciary Committee.

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

J/r. P1esident:
The House has concurred in the Senate amendment to the following House bill, to wit:

A bill to amend the charter of the city of Augusta, authorizing the city council to impose license taxes upon all occupations.

Also, a bill to incorporate the city of Fitzgerald.

The House has passed the following House bills by the constitutional majority, to wit:

A bill to appropriate the proceeds of the hire of convicts, in the counties of the Northern Judicial Circuit, to the payment of costs.

Also, a bill to repeal an act approved February 28, 1876, providing for the payment of costs from the hire of misdemeanor convicts.

Also, a bill to repeal an act to require Spalding county to pay the officers of court the costs now allowed from the hire of convicts in said county.

Also, a bill 'to amend an act approved December 1, 1886, to define the powers of the Commissioner of Pilotage.

MONDAY, NOVEllfBER 30, 1896.

239

Also, a bill to amend an act incorporating the town of DaYisboro, in \Yashington county.

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

A resolution to appropriate fifty dollars to the Atlanta Electric Railway Company.

::\Ir. Starr, Chairman pro tcm. of Committee on EngrossiHg, snhmitted hte following report:
Jl!?-. President:

Your committee have examined the following engrossed hill, and find it correct and ready to be transmitted to the House, to wit:
A bill to be entitled an act tD require the ta..'{-collectors of this State to make monthly reports, under oath, of all taxes collected, and for other purposes.
Respectfnlly submitted.
0. N. STARR, Chairman protem.

::\Ir. ::\Iann was permitted to withdraw a bill introduced b: him to provide for additional compensation for County Commissioners, Ordinaries or County Judges, etc., in connties operating under the new road law, and for other purposes.

The following bill of the Senate 'vas read the seconf time, and passed to a third reading, to wit:
A bill to quiet title of persons in possession, claimin~ title by prescription to ungranted lands, and for other purposes.

240

JoUitNAL oF TilE DE:\'ATE.

The following bill of the- Senate was read the seconl time, aml recommitted to the General J mliciary Cou~ mittee, to wit:

A bill declaring express companies operating and doin~I business in this State, cOllllllOll carriers, aJI(l proYiding for their regulation aml control by the Hailroad Commis sioners.

1~ndcr a s11spension of the rules, the Senate took up the report of the (i eneral Judic-iary Committee on the bill of the House, to amend section 1:288 of the Code of 1S82.

The comn:ittee reporte<l in faYor of its passage, by substitute, which was adopted.

The report was agreed tc.

The bill was read the third time, and passed, as amended by substitute; ayes 25, nays 2.

On motion of ::\Ir. Stewart of the Twenty-seYenth District, the rules "ere suspende<l, and the Senate took up the report of the Special Judiciary Committee on the bill of the House to incorporate the c-ity of :Jionroc. in \\ralton county, etc., and for other purposes.

The committee reportc<l in favor of its passage, with amenchuent,;, ,\hic-h were adopted.

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the third time, and passed, as amended, ayes 26, nays 0.
The Senate took up the report of the Committee on

MoNDAY, NovEMBER 30, 1896.

241

Banks, on the bill of the House, to amend an act to incorporate the American Trust and Banking Company, approved August 29, 1889, and, also, an act amendatory thereof, approved December 20, 1890, etc.
The report was agreed to.

The bill was read the third time, and passed; ayes 23, nays 0.

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

The House has passed the following House bill, by the requisite constitutional majority, to wit:
A bill to amend an act incorporating the Monroe Banking, Loan and Guarantee Company.

The bill of the House, which was taken up for a third reading, under the report of the Committee on Banks, after being read the third time, was, on motion, laid on the table, to wit:

A bill to amend an act to regulate the business of building and loan associations, heretofore or hereafter incorporated under the laws of this State, etc.

The joint resolution of the Senate, providing for two additional Assistant Doorkeepers of the Senate, which was taken up for a third reading, was, on motion, laid on the table.

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

242

JouRNAL oF THE SE:>o~ATE.

A bill to repeal an act approved Februruy 28, 1876, providing that the insolvent costs of the Solicitor, mentioned in said amendatory act, shall be paid from funds realized from hiring out convicts of said County Court in Wilkes county.

Referred to the General Judiciary Committee.

A bill to appropriate the hire of misdemeanor convicts, in the Northern Judicial Circuit, to the payment of costs accruing to officers, approved October 15, 1887, so as to exempt 'Vilkes county from the provisions of that act.
Referred to the General Judiciary Committee.

A bill amending the charter of the town of Davisboro, in the county of vVashington.

Referred to the Committee on Corporations.

A bill to repeal an act to require Spalding county to pay the officers of court the costs now allowed by law in each .cnse convicted and worked in the chain-gang of said county.

Referred to the Special Judiciary Committee.

A bill to amend section 1 of an act approved December 1, 1886, to prescribe and define the powers of Commissioners of Pilotage for the ports of this State, etc.
Referred to the General Judiciary Committee.
By general consent, :Mr. Comas introduced a bill to repeal an act to establish a county court in and for the county of Appling, approYed December 13, 1893, which was read the first time, and referred to the Committee on Corporations.

TUESDAY, DECEMBER 1, 1896.

243

By general consent, Mr. Stevens withdrew a bill to amend section 1305 of the Code of 1882.

A joint resolution of the House to appropriate fifty dollars to the Atlanta Electric Railway Company was read the first time, and referred to the Committee on Appropriations.
By resolution of ~fr. "\Vilcox, Mr. J. F. Hinson was invited to a seat in the Senate.

J\fr. Flewellen was granted leave of absence until 11 o'clock a.m. Wednesday next.

Mr. Blalock was granted indefinite leave of absence, on important business:

The Senate, having disposed of all business on the SeCletary's desk, adjourned, on motion, until10 o'clock a.m. tonwrrow.

Senate Chamber, Atlanta, Georgia, Tuesday, December 1, 1896, 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:

Atkinson, Battle; Brinson, Brooke, .Carter, .Castleberry,

Golightly, Gray, Hopkins, Hudson, Kemp, Kilpatrick,

Stewart, 27th, Stewart, 34tb, Thomson, Turner, Van Buren, Walker, 40th,

244

JOURNAL OF THE SENATE.

Comas, Cook, Culver, Dunwody, Flynt,

Mann, McFarland, Starr, Stevens,

Wilcox, Witcher, Wooten, Mr. President.

Those absent were Messrs.-

Allen, Blalock, Everett, ll'lewellen, Geiger,

Goldin, Ham, Redwine, Sheffield,

Shropshire, Strother, Walker, 18th, Westmoreland.

:Mr. Van Buren, Chairman of the Committee on Journals, reported the Journal correct.

It was then read and confirmed by the Senate.

The special order of the morning was taken up, to wit:

The motion to reconsider the bill of the Senate to define and punish the crime of stealing hogs, cattle, etc., of less value than $20.00.

The motion to reconsider prevailed.

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

lJ[t. Ptesident:

The General Judiciary Committee have had under consideration the following bills, which they direct me to report to the Senate, With the recommendation that the same do pass, to wit:

A bill to be entitled an .act to amend section 4067 o the Code of 1882, prescribing for the disposition of writs of certiorari by the Superior Courts, so as to require the

TuESDAY, DECEMBER 1, 1896.

245

judges of said courts to specify the error committed by the trial court when the case is sent back for a rehearing.

Also, a bill to be entitled an act to amend an act approved September 21, 1887, to fix the time for adjournment of the Superior and City Courts of this State, so that the same shall not apply to any City Court having as many as six terms per year.

A. bill to be entitled an act to protect the State and counties thereof, where work is let out by bidding.

Also, a bill to be entitled an act to authorize the recording of bonds for titles to real estate.

They direct me to report the following bills, with recommendation that the same do not pass, to wit:

A bill to amend section 815 of volume 3 of the Code of Georgia of 1895.

Also, a bill to be entitled an act to provide an additional method for collecting purchase money notes for _personalty, "-here the title of personalty is reserved by the vendor.

Also, a bill to be entitled an act to equalize the burdens of taxation by proYiding means for assessing taxes on real e~tate held under bond for title, and for other purposes.

They direct me to report the following bills back to the SPnate, \\'ith request that they be recommittd to the Special Judiciary Committee, to wit:

~\._ bill to be entitled an act to appropriate the proceeds from the hire of mis<lemeanor conYicts, in the X orthern .Tudicial Circuit, to the payment of costs accruing to officers, approved October 15, 1887, so as to exempt \Yilkes county.

246

JuUitNAL OF THE SENATE.

Also, a bill to repeal an act approved February 28, 1896, providing that the insolvent costs of the Solicitor, mentioned in said amending act, shall be paid from funds realized from hiring out convicts of said County Court in Wilkes county.
Respectfully submitted.
0. E. BATTLE, Chairman.

)Ir. Kilpatrick, Chairman of Committee on Railroads, submitted the following report:

JJr. J>1'f:sidcut:

Your committee have had under consideration the following Senate bills, which they instruct me to report back, with the recommendation that the same be read the second time, and recommitted to the Committee on Railroads, to wit:

A bill to be entitled an act to enlarge the powers of the Railroad Commission of Georgia, and for other Plll1)0ses.

Also, a bill to be entitled an act to authorize the Railroad Commission of Georgia to compel the shipper or consignee, and others, to give evidence touching the violation of the law against granting or giving rcbat.es, and for other purposes.

Also, House resolution K o. 23, with recommendation that it do pass, to wit:

A resolution authorizing 'the Governor to relinquish all claims of the State against the Blue Ridge and Atlantic Railroad.
Hespectfully submitted.
J. D. KILPATRICK, Chairman.

TUESDAY, DECEl\IBER 1, 18!)6.

247

The following bills of the House, which were referred to the General Judiciary Committee, were recommitted to the Special Judiciary Committee, to wit:

A bill to repeal an act approved February 28, 1876, providing that the insolvent costs of the Solicitor, mentioned in said an1enclatory act, shall be paid from the funds realized from hiring out comricts of said County Court of -Wilkes county.

Also, a bill to appropriate the proceeds from the hire of convicts in the X orthern Judicial Circuit, to the payment of costs accruing to officers, approved October 15, 1887, so aa to exempt \Yilkes county from the provisions of that act.

Also, a bill to amend an act to establish a system of public schools in the town of Roswell, in Cobb county, etc.
The follo"ring message was received from the House through ~fr. Hardin, the Clerk thereof:

jJJr. President:

The House has passed the following House bills, by the requisite constitutional majority, to wit:
A bill to amend section 943(a) of the Code of 1882.

Also, a hill to establish a system of publie schools for the city of Moultrie.

Also, a bill to require Judges of the City and County Courts to write their charges in certain cases.
Also, a bill to amend an act providing for the registration of voters in this State.

248

JOURNAL OF THE SENATE.

Mr. Stewart, of the Twenty-seventh District, Chairman of the Committee on the Llmatic Asylum, submitted the following report, which was adopted and one hundred copies thereof were ordered to be printed:

Mr. President:
Your committee on the Lunatic Asylum have visited that institution, and after a careful survey of the same, beg leave to report:
The buildings and grounds of the Asylum are in a good state of preservation. The internal condition of the walls and wards throughout the entire building are kept in perfect style, and are perfect in cleanliness, of which we cannot speak too highly. The order, system, and perfect control of the inmates speak in terms that are unmistakable of the ability and faithfulness of the employees to whose care the details of the establishment are necessarily to a large extent entmsted.
We find that the accommodations are now ample to accommodate the patients applying for admittance, which has not been so until within the last year. The trustees have erected a large additional building which has supplied additional room for the inmates that was badly needed; they have done so with the last appropriation for building more room; they have done so with the one hundred thousand dollars appropriated in 1893, and we think they deserve the commendation of the General ARsembly for the economical way in which they have managed the appropriation for said building.
'Ve examined into the finances of the institution, and are satisfied that the same have been administered during the past two years faithfully and economically. The system of bookkeeping is thorough, minute, exact, and easily understood, and every item of receipts and expenditures is prop-

TuESDAY, DECEMBER 1, 1896.

249

erly verified by duplicate vouchers, which were exhibited to a sub-committee of our number, and their examination was perfectly satisfactory. A re-examination can be had at any time by going through the accounts and vouchers on file in the office of the Governor in the capitol building.
The accounts show a balance on hand on the 1st of SPptember, 1896, of $7,781.10.
This balance has been accumulated by reason of the fact that the expenses are less during the summer months, owing to a smaller consumption of fuel and lighter clothing, both for wearing and bedding, while the subsistence department is greatly aided by the vegetables from the farm and garden, so that the monthly outlay is considerably less than during the winter. But this balance will be entirely absorbed by the incteased expenses of the winter months now upon us.
'Ve believe that the amount of insurance carried on the property of the State at the Asylum is entirely too small for the value of the property, and we recommend that the amount of the policy of insurance be increased to such an amount as may be deemed proper by the Finance Committee, simply stating that the present policy, which we learn is $260,000, is not equal to one-fourth of the value of the property insured, which is over $1,000,000.
The farm, garden and dairy connected with the Asylum, we believe to be a fine adjunct for the same. Large quantities of beef, pork, milk, butter, potatoes, and vegetables are produced and furnished to the inmates and employees of the institution, adding much to the health and comfort of all. We are sorry to state that the supply of pork will be greatly diminished this winter by reason of the loss of a latge number of hogs this year by cholera.
We find the medical staff of the State Lunatic Asylum to consist of a physician in charge and superintendent, Dr. T. 0. Powell, aided by a capable and efficient staff of five

250

JOURNAL OF THE SENATE.

assistant physicians, viz.: J. M. \Vhittaker, M.D., first assistant phy~ician; L. M. Jones, M.D., J. C. Pa_tterson, M.D., W. A. O'Daniel, M.D., and T. E. Oertel, M.D., pathologist. The services of these physicians are so divided as to equalize the enormous duties imposed upon them, and at the same time to permit them to render the most efficient aid to those unfortunates directly placed under their charge. These assistant physicians ate required to visit their patients twice daily, and as often in addition as the necessity of any case may require, at the same time to respond to any extra calls which may be made upon them at night.
The number of inmates at present in the institution is 2,013. It would seem, therefore, that even by an equal division of the work, all of them would be overtaxed in the discharge oftheir duties. But when it is remembered that a very large number of the inmates do not require other treatment than such moral treatment as may be suggested generally by the superintendent and his associates, it will be observed that there is no neglect of the sick~
The recent addition of a Bacteriological Department under the direction and control of Dr. T. E. Oertel, an experienced and skilful mimoscopist, has added greatly to the general welfare of the institution. Daily examinations of the sputa of patients, the urine excreted as to quantity and condition, as well as the examination and postmortem specimens, will greatly add to the proper diagnosis and treatment of cases requiring treatment for diseases other than those arising from mental and nervous derangement. This department, although but recently established, the committee feel assured will greatly add to the better care of the inmates of the institution.
The Dispensary your committee found presided over immediately by a skilful and competent apothecary, Dr. A. G. North, upon inquiry of whom your committee

TuEsDAY, DEcE~IBER 1, 189_6.

251

learned was called upon daily to dispense about sixty prescriptions. The expense of this department, your committee were informed, is about $5,000 per year, which is a per capita of about five and one-half cents per diem.
Y onr committee made personal inspection of the food furnished,. and are gratified to report that it was good in quality, well prepared, well cooked, and in every way satisfactory and wholesome. In addition to our personal inspection, repeated inquiries of the rnany inmates confirmed the accuracy of the opinion. The universal satisfaction of the inmates of the institution as expressed by themselves attest to their care and welfare, and your committee is pleased to l'epot't that they discovered no ground for complaint in any manner as to the management and care of these unfortunates, and we cannot close without commending in the highest terms the administrative and executive ability of the superintendent, Dr. T. 0. Powell.
We recommend that the following appropriations be made:
For support. and maintenance of the institution for the year 1897 __________________ ... . $280,000
For support aud maintenance of the institution for the year 1898. ______ -------------- _ 290,000
For duplicate water main _. ____ . ____ .... ___ . _ . 5,000 All of which is respectfnlly submitted, J. A. STEWART, Chairman Senate Committee.

}lr. Cook, from the sub-Committee of the Lunatic Asyhuu to inspect the Georgia ::\[ilitary and Agricultural College, submitted the following report:

.1/r. Prc8itlcut:
The committee appointed to inquire into the claims of the }Iiddle Georgia }lilitary and Agricultural College, beg

252

. JOURNAL OF THE SENATE.

leave tO report that they have performed the duties imposed upon them, and beg leave to submit the following report:

1. The College was created under an act of 18'79, and organized regularly under the terms of the act. Said organization being perfected by local Board and Trustees of State University, by a department of the State University.

2. That there was an implied agreement by the Trustees of the State University, under the terms of the act of 18'79, that if the city of )\filledgeville donated two thousand dollars ($2,000) per annum for the payment of teachers, that there should be a department of the State University maintained by the State at )filledgeville. \Ye :find that the city has complied with said contract, and in addition erected a twelve thousand dollar ($12,000) dormitory, which will have one hundred cadets.

3. We find that the property committed and lent by the State to the Trustees of the University was assessed and Yalued at fifty-five thousand dollars ($55,000) at the time the Capitol was moved from J\lilledgeYille, and that said property has been kept in good repair, the State having expended since said time :five thousand dollars ($5,000) in repairing the same, and that said property is now in better condition for school purposes tl1an before.

Your committee is not able to determine the present market value of said property.

4. \Ye :find that since the old Capitol building was destroyed by fire, the same has been rebuilt and remodeled, and is now in splendid condition for school purposes.
\Y.e find said college is effieient in its branehes, and said c9llege is now in a better condition to do efficient senice to the State than ever before.

TUESDAY, DECEMBER 1, 1896.

253

'Ve also find that there is now between three and four hundred students in said college; a large number of said students being from the lower section of the State.

'Ve therefore recommend that the State make an appropriation of three thousand dollru'S ($3,000) per annum, in order to maintain said college, believing this sum is necessary, in connection with the annual appropriation from the city of :Milledgeville.

Respectfully submitted.

PHILIP COOK, Chairman.

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

A bill to amend section 943(a) of the Code, and acts amendatory, etc.

Referred to the Committee on Banks.

Also, a bill to establish a system of public schools for the city of :Moultrie.

Referred to the Committee on Education.

Also, a bill requiring Judges of the City Courts and County Courts of this State to write out and read their charges to jurors in certain cases, etc.

Referred to the General Judiciary Committee.

Also, a bill to amend an act to provide for the registration of voters in this State, etc.

Referred to the General Judiciary Committee.

The Senate took up the report of the Committee on Edu-

254

JOURNAL OE TJIE SENATE.

cation on the joint resolution of the House relative to the appointment of a School Book Commission, etc.

The committee reported in favor of concurring therewith, with amendments, which were adopted, and the report was agreed to.

The resolution was read the third time, and concurred in, as amended; ayes 24, nays 1.

The Senate took up the report of the General Judiciary Committee, on the bill of the Senate to prohibit the practice of law, medicine, dentistry, etc., in this State, without having paid the special tax required by law, to prescribe punishment for the same, and for other purposes.

The committee reported in favor of its passage, with an ame11dment, 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 1\:fr. Dunwody, the bill of the Senate to quiet the title of persons in possession, claiming title by prescription to ringTanted lands, and for other purposes, was laid on the table for the present.

The following bills of the Senate were withdrawn by the introdu~rs thereof, to wit:

A bill to equalize the burden of taxation, by providing means for assessing ta.-..::es on real estate held under bond for title, and for other purposes.

Also, a bill to establish a Board of Dental Examiners for

the State of Georgia.



TuESDAY, DECE:IIBER 1, 1896.

255

The following bills of the House were taken up under adverse report of the General Judiciary Committee, and lust, by agreement with said report, to wit:

A bill to proYide an additional method for collecting purchase money notes for personalty where the title to personalty is resened by the yendor.

Also, to amend section 815 of volume 3 of the Code of Georgia.

By general consent, the following bills were introduced, read the first time, and referred as imlicated, to wit:

By Mr. Gray-

A bill to amend the last paragraph of section 918 of the Code, etc.

Referred to the General Judiciary Committee.

By :Yir. Starr-

A bill to authorize the town of Calhoun, in Gordon county, Georgia, to establish and maintain a system of pub lie schools.

By ~fr. witcher-

A bill to require the nature of alcoholic drinks and narcotics, and their effects upon the human system, to be t:mght in the public schools.

Referred to the Committ.ee on Education.

A bill of the Senate to amend section 4067 of the Code, was read the sceond time, and passed to a third reading.

The bill of the Senate to authorize the Railroad Com-

256

JOURNAL OF THE SENATE.

mission of Georgia to compel shippers, consignees, etc., to give evidence in certain cases, etc.

Also, a bill to enlarge the powers of the Railroad Commission.

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

A bill to authorize the recording of bonds for titles to real estate.

Also, a bill to protect the State and counties thereof when public work is let out by bidding.

Also, a bill to amend an act approved September 21, 1887, to :6..." the time for adjournment of Superior and City Courts of this State, so that the same shall not apply to any City Court having as many as six terms per year.

Also, a resolution of the House authorizing the Go:vernor to relinquish all claims of the State against the Blue Ridge and Atlantic Railroad.

The reconsidered bill to define and punish the crime of stealing hogs and other domestic animals of less value than $20.00, was taken up, and, on motion of Mr. Gray, laid on the table.

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, DECEMBER 2, 1896.

257

Senate Chamber, Atlanta, Georgia, Wednesday, December 2, 1896, 10 O'clock a.m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was offered by Senator Turner, of the Thirtyseventh District.

On the call of the roll, the following Senators answered

to their names.

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett,

Flynt, Goldin, Golightly, Gray, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Starr, Stevens,

Stewart, 2ith, Stewart, 34th, Strother, Thomson, Turner, Van Buren, Walker, 40th, \Vestmoreland, Wilcox, Witcher. Wooten, :\<Ir. President.

Those absent were J\fessrs.-

Flewellen, Geiger, Ham,

Redwine, Sheffield,

Shropshire, Walker, 18th.

l\fr. Van Buren, Chairman of the Committee on Journals, reported the J onrnal correct.
It was then read and confirmed.
The following message was received from the House through :Mr. Hardin, the Clerk thereof:

Jlr. Presicknt:
The Honse has passed the following bills of the House, by the requisite constitutional majority, to wit:
17 s

258

JOURNAL OF 'filE SENATI~.

A bill to appropriate twelve hundred dollars to fit up additional rooms for the Supreme Court.

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

A resolution providing for the appropriation of one hundred and thirty dollars to pay the expenses of the inauguration.

:Mr. Brinson, Chairman of the Enrolling Committee, submitted the following report:

Jlr. President:

The Committee on Enrollment have examined and direct me to report as duly enrolled and ready for the signatures of the President and Seeretary of the Senate and Speaker and Clerk of the House of Representatives, the following bill of the Senate, to wit:

A bill to be entitled an act to amend an act to incorporate tbe Monroe Banking, Loan and Guarantee Company, and for other purposes, adopted OehJber 22, 1887, and which ll'as afterwards amended by changing the name of said hank to the "Bank of Forsyth," approved December 4, 1895, by giving said corporation additional powers, and for other purposes.
H.espectfnll~ submitted.

E. L BRIXSOX, Chairman.

I.eaYe of ahseme was gianterl ~rr. ".ilcox on account of the si<kness of his wife.

The special order of the morning was taken up, to wit:

WEDNESDAY, DECEMBER 2, 1896.

259

The adverse report of the General Judiciary Committee to the lJill to amend paragraphs 2 and 3 of section 3 of article 6, paragraph 1 of section 11 of article 6 of the Constitution of this State, so as to provi~e for the election of Judges of the Superior Courts and Solicitors-General by the electors of their respective circuits.

t"pon the question of agreeing to the adverse report of the Judiciary Committee, Mr. Hopkins demanded that the yeas and nays be recorded.

Those who voted in the affirmative were :Messrs.-

Battle, Brinson, Cook, Dunwody,

Kilpatrick, Bhropshire, Ste,ens, . Thomson,

Van Buren, Walker, 40th, Westmoreland,

Those who voted in the negative were :Messrs.-

Allen, Atkinson, Blalock, Brooke, Carter, Castleberry, Comas, Culver, Everett,

Flewellen, Flynt, Goldin, lioligb tly, Gray, Hopkins, Hudson, Kemp, Mann,

McFarland, Starr, Stewart, 2ith. Stewart, 3-Ith, Strother, Turner, "'itcher, Woo.ten.

Those not voting were nfessrs.-

-Geiger, Ham, Redwine,

SbE>ffield~
W11lker, 18th,

Wilcox, Mr. President.

Ayes 11. Kays 26. Kot \'oting 7.

So the adn'rse report was disagreed to, and the bill was pa:;:sed to a third reading.

1Ir. Battle offered the following resolutions, which were read the first time aml referred to the Committee on Railroalls, to wit:

260

Joun~AL oF THE SENATE.

A resolution requesting the General Assembly of the State of Tennessee to ena~t appropriate legislation author-
izing the filing of certain official maps of the "'yestern and
Atlantic Railroad, in. Hamilton county, Tennessee, and giving to the san1e, when so filed, the force and effect of a
record of deeds to lands.

Also, a resolution authorizing the Atlanta, Knoxville and Northern Railway Company to acquire certain rights of way of the \Vestern and Atlantic Railroad, in and near the city of Marietta.

Also, a resolution concurring in and adopting certain
additional terms proposed by the city of Atlanta, affecting
wall Street, and certain property as the '~triangle."

A resolution continuing in existence the Special Com-

mission allowed under a joint resolution approved Decem-

her 18, 1894, relative to the interests of the State in the

\Vestern and Atlantic Railroad.



Also, a resolution directing proceedings to be instituted for the recovery of part of the original depot grom._1ds belonging to the State at Chattanooga, Tennessee.
..Jir. \Yestmoreland, Chairman of the Committee on Engrossing, submitted the following report:

Jlr. Pr('sid('nf:

The Engrossing Committee have examined and direct me to report as duly engrossed and ready to be transmitted to the Honse of Reptesentatives, the following Senate bill, to wit:

A bill to be entitled an act to prohibit the practice of ]a,\T' medicine, dentistry, etc., in this State, without having

WEDNESDAY, DECEMBER 2, 1896.

261

paid the special tax as required by law, and for other purposes.

Respectfully submitted.

G. F. \VESTMORELAND, Chairman.

:llr. Golightly, Chairman of the Committee on Corporations, submitted the following report:
Mr. Pres-ident:

Your committee have had under consideration the following bills, which they direct me to report back, with the recommendations hereinafter specified, to wit:

House bill X o. 8, to amend the charter of the Georgia Empire ::\Iutual Insurance Company, with recommendation that the same do pass.

Also, House bill X o. 101, to incorporate the to"\\'Il of r~lains, with recommendation that the same do pass, as amended.

Also, House bill No. G, to provide for the election of their clerks by the Boards of Commissioners of Roads and Hewnues, with recomnwndation that the same do not pass.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

)Ir. Stewart, of the Thirty-fourth District, Chairman of the Committee on Banks, submitted the following report:

Mr. President:

Your Committee on Banks have had under consideration the following House bill, which they instruct me, as

262

Joun.~i\I, OF TilE SJ~'NJTE.

Chairman, to report back to the Senate, with the recommendation that the same do pass:

A bill to be entitled an aet to amend an act entitled an act to incorporate the Finance Banking Company, of Atlanta, Georgia, approved NoYeri1her 13, 1889.
Respectfully submitt~d.

T. D. STE\VART, Chairman.

)Ir. Brinson, Chairman of the Enrolling Committee, mbmitted the following report:

Jlr. P1esident:

The Committee on Enrollment haYe examine(l, and direct me to report the following- bill of the Senate as duly enrolled, and ready to he signed hy the President and Secretary of the Senate and Speaker and Clerk of the House of HepresentatiYes, to wit:

A bill to amend an act incorporating the :;\Ionroe Loan ami nuarautp.p ('ompany, ami for other purposes.

Hespectfnlly submitted.

E. L. BRINSON, Chairman.

)Ir. .Briuson, Chairman of the Enrolling Committee, submitted t.he following report:
Jfr. Pn~ident:

The Committee on Enrollment direct me to report the following House hill as dnly enrolled and l'eady to be signed by the President and Secretary of the Senate, to wit:

"WEDNESDAY, DECF.)fHER 2, 1896.

263

House bill X o. 32, being a bill to be entitled an act to inco11)orate the city of Fitzgerakl, in Irwin county, and for other purposes.

Hespcctfully submitted.

E. L. BIUNSON, Chairrnan.

:Jir. Shropt;hin', Chairman of the Committee on Special J ndieiary, sn bmittcd the :following report:
Jfr. P1esident:

Your committee have had under consideration the following House and Senate bills, and instruct me to report baek as follows, to \Yit:

A hill to he entitled an act to authorize the :Jfayor and Council of the town of ::\Iillen to issue bonds to the amount of $8,000, for the purpose of constructing and equipping an academy, or academies, for said town, and for other pnrposes.

That this bill be read the second .time, and recommitted to the Special Judiciary Committee.

~\lso, a bill to be entitled an act to authorize the Commissioners of the village of Summerville, in Richmond county, to provide for the registration of the qualified voters in said village.

That this hill do pass, as amended.

Your committee also instruct me to report back that the following bills, which they have had under consideration, do pass, to wit:

A bill to be entitled an act to repeal an act to require

264

JOURNAL OF THE SENATE.

Spalding county to pay the officers of the court the costs now allowed by law in each case convicted and worked in the chain-gangs of said county.

Also, a bill to change the time of holding 1fcDu:ffie Superior Court, and for other purposes.

Also, an act entitled an act changing the time of holding the fall term of Pike Superior Court, and for other purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

:Mr. Starr, Chairman of the Committee on Education, submitted the following report:

Mr. President:

Your committee have had under consideration the fol. lowing House bill, and instruct me to report back that it do pass, as amended, to wit:

A bill to be entitled an act to amend an act to establish a system of public schools in the town of Roswell, Cobb county, and for other purposes.

Respectfully submitted.

0. N. STARR, 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. Blalock-

A bill to authorize the State School Commissioner to

WEDNESDAY, DECE:IIBER 2, 1896.

265

grant permanent license to such normal gTaduates of the Normal and Industrial College, at Milledgeville, as in the judgment of the State School Commissioner may be entitled to the same.

Referred to the Committee on Common Schools.

By J\Ir. Brinson-

A bill to require claimants of real estate levied on under execution or seized under other legal process to file with the claim affidavit and damage bond, an abstract of the title upon which said claimants rely, etc.
RefeiTed to the General Judiciary Committee.

By J\Ir. Thomson-

A bill to amend section 2385 of the Code of 1882, etc.

Referred to the General Judiciary Committee. By l\[r. Comas--

A bill to establish the City Court of Baxley, in Appling county.
Heferred to the Special Judiciary Committee.

Also, b;v )[r. Comas-

A bill to amend the charter of Baxley, and provide a free school system therefor.
Referred to the Committee on Corporations.

The bill of the House to appropriate the sum of $1,200 to be used in furnishing additional rooms for Justices and officers of the Supreme Court, was read the first time, and referred to the Committee on Appropriations.

266

JOUR~AL OF THE SENATE.

'J;'he joint resolution of the House providing for the appropriation of $130.00 to defray the expenses of the recent inaugural ceremonies, was read the first time, and referred to the Finance Committee.

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

Senate Chamber, Atlanta, Georgia, Thursday, December 3, 18!16, 10 O'clocka.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:

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunworly, Everett,

Flewellen, Flynt, Goldin, Golightly, Gray, Hopkins, Hudson, Kemp, Kilpatrick, Mann, :McFarland, Shropshire, Starr,

Stevens, Stewart, 27th, Stewart, 34th, Strother, Thomson, Turner, Yan Buren, Walker, 40th, Westmoreland, Witcher, Wooten. Mr. President.

Those absent were Messrs.-

Geiger, Ham,

Redwine, Sheffield,

Walker, 18th, Wilcox.

~Ir. Van Buren, from the Committee on Journals, reported the Journal correct.

It was then read and confirmed by the Senate.

THURSDAY, DECEllfBER 3, 1896.

267

By resolution of )Jr. Cook, the ex-Senator, Hon. "\Vm. \V. Osborne,was imited to a seat in the Senate during his stay in this city.
:Mr. Blalock, of the Thirty-fifth District, Chairman of the Committee on Finance, submitted the following report~

Mr. Pre8iclent:
Your Committee oi1 Finance have had under consideration the following House resolution, which they in..c;;truct llle, as Chairman, to report back to the Senate, with the recommendation that the same do pass:

A joint resolution providing for the appropriation of the snm of one hundred and thirty dollars to defray the expenses of the recent inaugural ceremonies.

Your Committee on Finance ha;e had under consideration the following Senate bills, which they instruct me, as Chairman, to report back to the Senate, with the recommendation that the same do not pass:

A bill to be entitled an act to reduce, fix and regulate the salaries of the GoYernor of this State, the Judges of the Supreme Court, the Judges of the Superior Courts, and the Attomey-General of this State, and for other purposes.

Also, a bill to be entitled an act to reduce, fix and regulate the:> salaries of the Treasurer, Secretary of State, Comptroller-General, Commissioner of Agriculture, and the per diem of the members of the General Assembly of this State.

Also, a bill to be entitled an act to declare null and void all obligations and contrads whieh may be made payable

268

JoUitNAL oF THE SENATE.

in any specific character of money, whether the same be in eoin or otherwise.

Respectfully submitted.

.t\.. C. BLALOCK, Chairman.

)Ir. Blalock, of the Thirty-fifth District, Chairman of the :Finance Committee, submitted the following report:

The committee to which was referred the question of the delayed payment of teachers' salaries, beg leave to report that an inYestigation of the condition of the State Treasury discloses the fact that within a week or ten days (by reason of the receipts-based on last year's returns-which averaged at this time over $10,000 per day), the Treasurer will be in a position to enable him to pay the amount due teache1s, which is $310,000.

The present condition of the Treasury is as follows:

Halame in Treasury . . . . . . . . . . . . . . . . . ~ $-07 000

Due hmatic Asylum . . . . . . . . . .. $ 20 000

Due outstanding bonds. . . . . . . . . . 35 000

Due advances to civil estimates. . . . . . 15 000

l>ue advances to legislation. . . . . . . . 25 000

Interest due. . . . . . . . . . . . . . . . . . 5 000

Other cxpen!"es ..

4 000--104 000

Actual aYailable balance. . . . . . . . . . . . . ... $303 000 Amount due on Teachers' \Vanant ........ 310 000
Deficit . . . . . . . . . . . . . . . . . ... $ 7 000

THURSDAY, DECEllfBER 3} 1896.

26!1

In consequence of this condition, which insures the early payment of this amount, the committee deem it inexpedient to 1ecommend any action whatever.
Respectfully submitted.

A. C. BLALOCK, Chairman.

l\Ir. Battle, Chairman of General Judiciary Committee, submitted the follo,ving report:
Mr. P1esident:
The Senate General Judiciary Committee have had under consideration the following Senate bill, which they direet me to report, with recommendation that the same do pass, to wit:

A hill to be entitled an aet to amend the last paragraph of seetion 918 of the Code of 1882, so as to reduce the amount of the bond required of Ta.x-Receivers in this State, to one fourth of the amount of the State ta.x of the county for which he receives tax returns.

They direet me to report the following House bill, with re<'onmwndation tl1at the same do pass, by substitute, to wit:
A hill to be entitled an aet to make certain ami provide for thP pa;nnent of eosts in civil eases, in the County Courts and the .Justices Courts of this State, and for other purposes.

nespectfull;. submitted.

C. E. BATTLE, Chairman.

270

JOURNAL OF TJH; SENATK

:M:r. Stevens, of the Eleventh District, Chairman of the Committee on Appropriations, submitted the following report:

.illr. President:

Your Committ-ee on Appropriations have had under consideration the following House bills, which they instruct me, as Chairman, to report back to the Senate, with the recommendation that the same do pass:
An act to appropriate the sum of twelve hundred dollars to be used in furnishing additional rooms for the accommodation of the Justices and officers of the Supreme Court.

Also, a bill to be entitled an aet to appropriate twentyfhe hundred dollars to meet a deficit incurred hy the Board of Trustees of the Georg;a School for the Deaf, for the year ending SE:>ptember 30, 18!.16, hy reason of a large inc~rease in the number of pupils.

Abo, a resolution to appropriate fifty dollars to the Atlanta Eleetrie Hailway Company.
Respectfully submitted. 0. B. STEVENS, Chairman.
)lr. Starr, Chairman of the Committee on Education, submitted the following report:
Mr. Ptcsident: Your committee have had under consideration the fol-
lowing Senate hills, which they iustrnd me to report ha(k, with the recommendation that they do pass, to wit:
A hill to he entitled an act to authorize the town of Calhoun, in Gordon eonnty, Georgia, to establish and main-

THURSDAY, DECEMBER 3, 1896.

271

tain a system of public schools for said town, and for other purposes.
Also, a bill to be entitled an act to require the nature of alcoholic drinks, and narcotics, and their effects upon the human system, to be taug-ht in public schools of this State, and for other purposes.

Respectfully submitted.

0. N. STARR, Chairman.

:Mr. Golightly, Chairman of Committee on Corporations, submitted the following report:
J/1'. President:
Your committee haw had under consideration Hon~e bill Xo. 1:36, to presc:rihe who are qualified to vote in all elections in the village of Snnnnerville, and I am instructed by the committee to report the same back, with the recomlllPIHlation that it do pa~;;, a;; amended.
He,;peetfnlly submitted.
J. F. GOLIGHTLY, Chairman.

::\Ir. Atkinson, Chairman of the Committee on TemperaneC', submitted the following report:
Jlr. President:

The Temperance Committee have had under consideration the following- Senate hill, which they direet me to report hack to the Senate, ~with the recommendation that the same do pass:

A bill to he entitled an act to aholish bar-roomR, to pro-

272

JoUR~AL OF THE SENATE.

hibit th!'l manufacture, sale and keeping for sale of intoxicating liquors for beverage purposes, and for other purposes.
They direct me to report the following Senate bill back, with recommendation that the- same do pass, as amended:
A bill to be entitled an act to prohibit the sale of any intoxicating, fermented or distilled liquors in this State, m less quantities than one pint, and for other purposes.
Respectfully submitted.
A. ATKINSON, Chairman.

The Senate took up the report of the General J udici~ry
Committee on the bill of the Senate to amend section 4067 of the Code of 1882, providing for the disposition of writs of certiorari by the Superior Courts, etc.
The report was agreed to.
The bill was read the third time, and passed, ayes 25~ nays 0.
On motion of )fr. Hopkins, the bill of the Senate to amend paragTaphs 2 and 3 of section 3 of article 6, paragraph 1 of section 11 of article 6 of the Constitution of this State, etc., was laid on the table.
The following minority report, from the Committee on Temperance, was submitted:
J1fr. President:
The Committee on Temperanee have had under consi(leration the following Senate bills, to wit:

THURSDAY, DECEMBER 3, 1896.

273

A bill to be entitled an act to abolish ban-ooms, to prohibit the manufacture, sale and keeping of intoricating liquors, for beverage purposes, etc.

Also, a bill to be entitled an act to prohibit the sale of any intoxicating, fermented or distilled liquors in this State, in less quantities than one pint, and prohibit the drinking or use of the same on the premises where sold, etc.
\Vhich said bills were reported back to the Senate, with the recommendation that the same do pass.

\Ve, the undersigned, members of the Committee on Temperance, beg leave to suumit this, a minority report, and recommend that the Senate bills above referred to do not pass.
Respectfully submitted.
C. E. BATTLE, WESI_,EY SHROPSHIRE, P. H. COMAS, C. H. MANN, W. F. GOLDIN.
The following bills of the House were taken up for a third reading, under favorable reports of committees.
The reports were agreed to.

The bills were read the third time, and passed, by constitutional majorities, as severally indicated, to wit:
A bill to protect the State and counties thereof whfln public work is let o:ut by bidding.
Ayes 24, nays 0.
18 s

274

JOURNAL OF 'filE SENATE.

A bill to amend an act approved September 21, 1887, to :fix the time for adjournment of Su~rior and City Courts of this State, so that the same shall not apply to any City Court having as many as six terms per year.
Ayes 27, nays 0.
A bill to authorize the recording of bonds for titles to real estate.
Ayes 24, nays 0.
A resolution from the House was taken up, under favorable report of the Committee on Railroads, to wit:

A resolution authorizing the Governor to relinquish all claims of the State against the Blue Ridge and Atlantic Railroad.

The resolution. was read the thi'rd time, and concurred in, ayes 30, nays 0.

By resolution of Mr. Everett, Hon. T. R. Fort was in"l'ited to a seat in the Senate.

The following message was received from his Excellency, the Go\ernor, through his Private Secretary, ~Ir. Callaway:
Jlr. President:

I am directed hy the Governor to deliver to the General Assembly a commnnieation in writing.

The following message was received from the House through }Ir. Hardin, the Clerk thereof:
Jfr. President: The House has passed the following 'bills of the House,
hy the requisite constitutional majority, to wit:

THURSDAY, DECEl\IBER 3, 1896.

275

A bill to amend the charter of the city of J\iacon.

Also, a bill to amend -the charter of the city of Dalton.

The following message was received from his Excelkncy, the Governor, through his Secretary, J\ir \Vanen, to wit:
illr. President:

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

The Senate took up the adverse report of the General Judiciary Committee on the bill of the Senate to declare null and void all obligations and contracts which may be made payable in any specific chruacter of money, whether the same be in coin or otherwise.

On the question of agreeing to the report of the committee the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Battle, Blalock,. Comas, Cook, Iunwody, Everett, Golightly,

Gray, Ham, Hop kine, Hndson, Kilpatrick, Starr, Stevens,

Stewart, 27th, Stewart, 3-!tb, Thomson, Van Buren, 'Valker, 40th,
" 'e s t m o r e l a n d , 'Yitcher.

Those voting in the negative were Messrs.-

Allen, Atkinson, Brinson, Brooke,- Carter, Castleberry, -

Culver, Flewellen, Flynt,-Goldin, --: Kemp, -

::VIann, McFarland, Strother,. Turnf>r, 'Vooten.

276

JounNAL oF THE SENATE.

Those not voting were Messrs.-

Geiger, Redwine, Sheffield,

Shropshire,
Walker, 18th,

Wilcox,
Mr. President.

Ayes 21. Nays 16. Not voting 7.

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

Executive Department, Atlanta, Georgia, December 3, 1896.

'l'o the General Assembly:
It becomes my melancholy duty to inform the General .Assembly that Hon. R. U. Hardeman, member of the House of Representatives from the county of Newton, died at his home in Oxford, Georgia, at 3:30 o'clock yesterday afternoon. His funeral will take place to-morrow at 12 o'clock. This information is communicated to the General Assembly in order that they may take such action in reference to the sad event as they may desire.
W. Y. ATKINSON, Governor.

The foregoing message was taken up, and read.
The following message was received from the House through J\fr. Hardin, the Clerk thereof:
J.1Ir. Pres-ident:

The House has adopted the following joint resolution, in which the concurrence of the Senate is asked, to wit:
A re~olution upon the death of the Hon. R. U. Hardeman, of Newton county, That the General Assembly ad-

THURSDAY, DECEMBER 3, 1896.

277

journ on Friday, December 4th, out of respect for the lamented member of the House.

The resolution from the House on the death of the Ron. R. U. Hardeman, of the county of Newton, was taken up, read and concurred in by a rising vote.

The President appointed as the Committee of the Senate to attend the funeral of the l-Ion. R. U. Hardeman: :Messrs. J. A. Stewart, Gray, Battle, Dunwody, Flewellen, Cook, Stewart, Kilpatrick, Stevens, and Kemp.

:Mr. Stewart, of the Twenty-seventh District, offered the following resolution, which was read and agreed to, to wit:

A joint resolution, by :Mr. Stewart, of the Twentyseventh District:

vVhereas, Our heavenly Father, in the dispensation of his providence, has removed from this life the J!onorable Hobert U. Hardeman, Representative from the county of Newton, in the General Assembly of this State, therefore, be it
Resolved, by the Senate, the House of Representatives concurring, That in the death of Representative Hardeman GeorgiA. has sustained an irreparable loss, and each member of the General Assembly a true and tried friend.

ResolYed further, That we recall with admiration and pride the ability, the zeal and the loyalty with which our distinguished deceased friend served the commonwealth in the high and responsible position of State Treasurer.
Resolved further, That we refer with melancholy interef't to the record of usefulness to the State our beloverl friend had begun to make in the term of Representative so recently conferred on him by an admiring constituency.

278

JOURNAL OF THE SENATE.

Resolved further, That in every walk in life, in the quietude of a happy home, and in the midst of the busy
throng, Robert u. Hardeman proved himself worthy of
the confidence of the people, and demonstrated, in an unostentatious manner, that he was by title a Christian gentleman, apatriot and a friend.

HesolveJ further, That we tender to his stricken and sorrowing family our heartfelt sympathies in the sad affiiction which has come to them.

But they need not sorrow as those without hope.

Leave of absence was granted, for Saturday's session, on
account of sickness in his family, iiir. Everett until :Monday
next; Mr. Comas, for Saturday, on important business; :Mr. rlynt, for Saturday; Mr. Kilpatrick, for Saturday, and ~ir.
wooten, for the balance of this week.

Under permission of the Senate, the following bills were introduced, read the first time, and referred as indicated, to wit:
By ::Jir. Brinson-

A bill to change the time of holding the Superior Court of Burke county, etc.

Referred to the Special Judiciary Committee.

By Mr. Thompson-

A bill to require all claimants of land sold under transferred wild land tax fi. fas., or under insufficient advertisement of transferred or untransferred wild land ta.." :6.. fas., prior to the first day of J anua.ry, 1880, to bring suit for

THURSDAY, DECE!IIBER 3, 1896.

279

such land within twelve months, and to provide for the manner of bringing stt'ch suits, etc.

Referred to the General Judiciary Committee.

By !Ir. Golightly-

A bill to repeal an aet to fix the compensation of the County Treasurer of l\Ieriwether county, approved February 19, 1876, and to provide for the compensation of the County Treasurer of 1leriwethcr county, and for other purposes.

Referred to the Special Judiciary Committee.

~Ir. Brinson, Chairman of the Enrolling Committee, submitted the following report:

Mr. President:

Your Committee on Enro11ment have examined the following acts, and find them properly enrolled, and ready for the signatures of the President and Secretary of the Senate, to wit:

All' act to repeal an act to make permanent the site of the public buildings of the county of "\Yalton, at Monroe, and for other purposes.

Also, an act to create a Board of Commissioners of Roads and Revenues for the county of "\Valton, etc.

Also, an act to incorporate the city of :Monroe, in the county of \Yalton, and for other purposes.

Respectfully submitted.

E. L. BRINSON, Chairman.

280

JoURNAL OF THE SENATE.

Mr. Kilpatrick, Chairman of the Committee on Railroads, submitted the following report:
Mr. President:
The Committee on Railroads have had under consideration the following Senate resolutions, which they direct me to report back, with the recommendation that the same be read a second time, and recommitted to said committee, to wit:
Resolution No. 14, requesting the General Assembly of Tennessee to enact appropriate legislation authorizing the filing of certain official maps of the \Vestern and Atlantic Railroad, etc.
Also, a resolution authorizing the Atlanta, Knoxville and Northern Railway Company to acquire certain rights, etc.
Also, a resolution concurring in and adopting additional terms proposed by the city of Atlanta affecting Wall Street, etc.

Also, a resolution directing proceedings to be illiltituted for the recovery of part of the origillal depot grounds belonging to the State, at Chattanooga, Tennessee.

Also, a resolution continuing in existence the Special Commission, allowed under a joint resolution approved December 10, 1894.
Respectfully submitted.
.T. D. KILPATRICK, Chairman.
The 11esolutions set forth in the foregoing report were read the second time, and recommitted.

THURSDAY, DECEMBER 3, 1896.

281

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

Mr. President:

Your committee have had under consideration the following House bill, and instruct me to report back that same be read the second time and recommitted to Committee on Corporations, to wit:

A bill to re-enact an act to incorporate the Atlantic, Atlanta and Great \Vestern Railroad and Navigation Company, and for other purposes.
Respectfully submitted.
J. F. GOLIGHTLY, Chairman.

The Senate took up the report of the Committee on Appropriations on the resolution of the Senate recognizing the appointment of two Assistant Doorkeepers of the Senate.
The Ieport was agreed to.
The resolution was read the third time, and agreed to; ayes 26, nays 0.
The Senate took up the report of the Appropriations Committee on th'e joint resolution of the House to pay the Clerk of the Pardons Commission.
The committee reported in favor of concurring therein, with an amendment, which was adopted, and the report was agreed to.
The ayes and nays were recorded.

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JOURNAL OF THE SENATE.

Those voting in the affirmative were 1-fessrs.-

Atkinson, Battle, Brinson, Comas, Cook, Everett, Flewellen, Flynt, Goldin, Golightly,

Gray, Ham, Hopkins, Kilpatrick, Mann, McFarland, Shropshire, Starr, Stevens,

Stewart, 27th. Stewart, 3-!th, Strother, Thomson, Turner, Van Buren, "Westmoreland, Witcher, \Vooten.

Those voting in the negative were 1\Iessrs.-

Carter, Castleberry,

Kemp,

Walker, -!Oth.

Those not voting were Messrs.-

Allen, Blalock, Brooke, Culver,

Dunwody, Geiger, Hudson, Redwine,

Sheffield, Walker, 18th, wilcox, 1\'Ir. President.

Ayes 28. Nays 4. Not voting 12.

So the resolution was concurred in.
The bill of the Senate to fix and regulate salaries of thE Treasurer, Secretary of State, Comptroller-General, Com missioner of Agriculture, and the per diem of members o: the General Assembly, was taken up, under adverse repor of the Finance Committtee.
On the question of agreeing to the adverse report, llfr Goldin required the ayes and nays to be recorded.

Those who voted in the affirmative were Messrs.-

Atkinson, Battle, Blalock, Brinson,

Flewellen, Flynt, Golightly, Gray,

Stewart, 2ith, Stewart, 3-!th, Strother, Thomson,

THURSDAY, DECEJ)IBER 3, 1896.

283

Brooke, Carter, Comas, Cook, Culver, Dunwody, Everett,

Hopkins, Hudson, Kilpatrick, Mann, McFarland, Shropshire, Starr,

Turner, Van Buren, walker, 40th, west moreland. "Witcher, wooten,

Those who voted in the negative were l.fessrs.-

Allen, Castleberry,

Goldin,

Kemp,

Those not voting were Messrs.-

Geiger, Ham, Redwine,

Sheffield, Stevens, Walker, 18th,

Wilcox, Mr. President.

Ayes 32. Nay'> 4. :Xot voting 8.

So the adverse report was agreed to, and the bill was lost.

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 Georgia Empire 11utual Insurance Company.

Also, a bill to amend an act to incorporate the Finance Banking Company, of Atlanta, Georgia, approved N ovember 13, 1889.

Also, a bill to make certain and provide for the payment of costs in civil cases, in the County Courts and the Justices Courts of this State.

Also, a bill to incorporate the town of Plains in the county of Sumter.

Also, a bill to amend an act to establish a system of public schools in the town of Roswell, Cobb county.

284

JOURNAL OF THE SENATE.

Also, a bill to appropriate the sum of $1,200 in furnishing additional rooms for the Justices and officers of the Supreme Court.

Also, a bill to prescribe who are qualified to vote in all .elections in the village of Summervill!'l, in Richmond county.

Also, a bill to authorize the Commissioners of the village of Summerville, in Richmond county, to provide' for the registration of the qualified voters in said village.

Also, a bill to appropriate $2,500 to meet a deficit incurred by the Board of Trustees of the Georgia School for the Deaf, for the yeax ending September 30, 1896, by reason of a large increase in the number of pupils.

Also, a bill to change the time of holding the fall term -of Pike Superior Court.

Also, a bill to change the time of holding }IcDuffie Superior Court.

Also, a bill tQ repeal 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 of said county.

Also, a bill to re-enact an act to incorporate the Atlantic, Atlanta and Great \Vestern Railroad and Navigation Company.

Also, a resolution to appro_IJriate $50.00 to the Atlanta Electric Railway Company.

Also, a resolution providing for the appropriation of :$130.00 to defray expenses of recent inaugural ceremonies.

THURSDAY, DECEllfl:lER 3, 1896.

285

The follo-wing bill of the House to amend the charter of the city of :Macon was read the first time, and referred to the Committee on Corporations.

The Senate took up the report of the Committee on Banks on the bill of the House to regulate the business of hnilcling and loan associations, etc.

The committee reported in favor of its passage, with amendments, which were adopted.
The report was agreed to.
The bill was read the third time, and passed, as amended; ayes 39, nays 0.

The adverse report of the Finance Committee was taken np, and agTeed to, on the bill to reduce and regulate the salaries of the GoYernor, the Judges of the Superior Courts, and the Attorney-General.
The ucherse report was agreed to, and the bill was, therefore, lost.

The following bills of the Senate were read the second time, and passed to a third reading, to wit:
A bill to abolish barrooms, and for other purposes.
Also, a bill to authorize the town of Calhoun, in Gordon county, to establish and maintain a system of public schools.
Also, a bill to require the nature of alcoholic drinks, etc., to be taught in the public schools.
Also, a bill to amend the last paragraph of section 918 of the Code of 1882.

286

JOURNAL OF THE SENATE.

Also, a bill to prohibit the sale of any intoxicating, fermented or distilled liquors in this State, in less quantities than one pint.

Also, a bill to authorize the J\ayor and Council of the town of J\l[illen to issue bonds to the amount of $8,000, etc.

The Senate, on motion, adjourned until 10 o'clock a.m. J\fonday next.

Senate Chamber, Atlanta, Georgia, J\Ionday, December 7, 18D6, 10 O'clock a.m.
The Senate met pursuant to adjournment, the President pro tem. in the chair.

Prayer was offered.

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

Allen, Battle, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Geiger, Goldin,

Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, 1\Iann, :McFarland, Redwine, Sheffield, Starr, Stevens,

Stewart, 27th, Strother, Thomson, Turner, Van Buren, 'Valker, 18th, walker, 40th, Westmoreland, 'Vilcox, Witcher, Mr. President.

Those absent were Messrs.-

Atkinson, Blalock, Everett,

Flewellen, Flynt, Kemp,

ShropshirE>, Stewart, 34th, Wooten.

MoNDAY, DECE:IfBER 7, 1896.

287

Mr. Thomson, from the Committee on Journals, reported the Journal correct.

It was then read and confirmed by the Senate.

:l'lfr. Dunwody moyed a reconsideration of House bill to provide for recording bonds for title to real estate.

On his motion, the proposition to reconsider was made the special order for to-morrow morning, immediately after the reading of the Journal.

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

The House has passed the following House bills, by the requisite constitutional majority, to wit:
A bill to prescribe regulations for conducting the business of the Supreme Court after January 1, 1897.

Also, a bill to amend an act to protect game in this State.

Also, a bill to amend the charter .of the town of Oakland City.

Also, a bill to incorporate the town of Mitchell, in Glascock county.

Also, a bill to amend section 1656 of theCode of 1882, so as to make women eligible to the office of State Librarian.

Also, a bill to amend the charter of the city of Atlanta.

Also, a bill to amend the charter of Battle Hill.

288

JOURNAL OF THE SENATE.

Also, a bill to provide for compensation of election managers.

Also, a bill to amend the charter of Whigham, in Decatur county.

Also, a bill to change the present corporate limits of Americus, so as to exclude Leeton Park.

Also, a bill to enlarge the corporate limits of Albany, in Dougherty county.

Also, a bill to amend an act approved October 3, 1895, to control the convicts of Bibb county, to provide for the control of certain convicts by the Board of County CommiSsioners.

Also, a bill to amend the charter of the town of Barnesville, in Pike county, providing for a system of public schools.

Also, a bill to fix the bond of the Treasurer of Richmond county.

The House has also adopted the following resolutions, in which the concurrence of the Senate is asked, to wit:

A resolution to appoint a committee to visit the Tennes~ee Centennial Exposition.

Also, a resolu.tion to examine into and report the amounts received by the State University from the Federal Government.

Also, a resolution appointing a joint committee to attend the Commencement exercises of the University in 1897.

Also, a resolution that the portrait of General Lee, do-

Mo:NDAY ,-DEcEMBER 7r 1896.

289

11ated by Camp 15H e nited Confeder~te Y eterans, be accepted and appropriately placet~ in the State Library.
Also, a resolution to pay ::\Irs. H. e. HanlPman the per
diem of Hon. R. C Hardeman for the full se.:lSion of 18D6.

The House has <'<HJClliT<<l in the Senate substitute, with au amendment, to the following House hill, to wit:

A bill h> amend sedion 12R8 of the Code of 1882.

:llr. I3riuson, ( 'bairmau of the Committee on Enrollment, submitted the following report:

Jb. President:

Your Committee on E1;rolhneut have examined the following act;;, and find them properly enrolled and ready for the signatures of the President and Seeretar.' of the Senate, to wit:

A joint resolution authorizi11g the Gowmor to pay t the Trustees of the UniYersity of C:eorgia a balance due on the appropriations ;na<le by the last GPneral .:\s..;;embly of GeoPgia to the State Xormal School.

A resolution requestinp: the appointnwnt of a joint committee of two from the Senate aiHl three from the House, for the pnrpose of <onsidering- the report of the Speeial Attorney of the \\~estNn a11<l .:\ tlantic Railroa<l, and for other purposes.

Also, a resolution proYiding- for the indP.xing of the .Tonrnals of the How;e of Rrpresrntatives and Senate for the sessions of 1896 and 1897.

JU;;o, a hill to be entitled an ad to amend the eharter of
19 s

290

JouRNAL oF THE SENATE.

the city of Augusta, by authorizing the City Council of Augusta to impose license taxes upon all occupations, etc., by residents and non-residents, and for other purposes.

Also, a bill to define the powers of the Recorder of the City of Augusta as to fines and penalties to be imposed by him for violations of the rules, regulations, etc.

Also, a bill to be entitled an act to authorize the Supreme Court to appoint three additional shorthand writers, and ior other purposes.

Also, a bill to be entitled an act to amend an act to incorporate the .American Trust and Bru1king Company, approved August 29, 1889, and, also, an act amendatory thereof, approved December 20, 1890.

Also, a bill to be entitled an act to prohibit the municipal authorities of any incorporated town from levying or <Jollecting any ta...x or license from any traveling salesman .engaged in taking orders for goods, where no delivery is made at the time of taking such orders, and for other purposes.

Respectfully submitted.

E. L. BRINSO~, Chairman..

~fr. Starr, Chairman of the Committee on Education, submitted the following report:
j}/1. President:
Your committee have had nuder consideration the following bill, and im,trnct me to report hack, with the recommendation that the same do pass, as amended, to wit:

MoNDAY, DEcEMBER 7, 1896.

291

A bill to establish a system of public schools for the city of Moultrie, and for other purposes.

Respectfully submitted.

0. N. STARR, Chairman.

. lfr. Golightly, Chairman of the Committee on Corporations, submitted the following report:

Jlr. Pres-ident:

The Committee on Corporations 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:

A bill to be entitled an act to incorporate the city of Elberton, in Elbert county, to change the name of the town -of Elberton to the City of Elberton, and for other purposes.

Also, the following bill of the Senate, which they direct me to report, with recommendation that the same do pass:

A bill to oe entitlecl an act to authorize the Ordinary of the county of .Appling to issue bonds, and providing for the issuing of the same.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.
By resolution of l\Ir. C'omas, the Hon. S. H. Har:ris, of the count;'\ of "'IYayne, was invited to a seat in the Senate.
l\Ir. Geiger, b~ general consent, withdrew a bill to provide for the election by the prople of County School Comnnsswners.

292

JOURNAL OF THE SENATE.

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

By ~Ir. Carter-
~\. rrm requiring to name election managers and clerks
at the voting precincts of this State, each political party that has a ticket in the field to be Yoted for, etc.
Heferred to the General J wliciary Committee.

By )fr. Redwine--
..:\. bill to establish a City Comt in the county of Jackson, etc.
Heferrecl to the General J u<lieiary Committee.

.Also, a bill to allow land condemned for road purposes to be paid for.

Heferred to the General Judiciary Committee.

~\. bill to rep<:>al an ad to e:;tablish City Comts in conn-. ties haYing a population of 15,000 or more, etc., and act.:; anwndatory thereof, so far as the same affects the county of .Jackson, and for other purposes.

Heferred to the General Jmliciary Committee.

By )fr. Stewart of the TwentyseYcnth District-

~\. bill to a~neml the A<ts of lfiFW (page 58), section 2, 'Trustees and Officers State I.nnatic Asylum."

Referred to the General Jn<li<'iar,v Committee.

MoNDAY, DECE:YBER 7, 1896.

293.

By )Ir. \Yalker of the :Fortieth District (by request)-
A bill to rcg11late aHd authorize city nnmicipalities to grant the use of stre.ets to any railroad or other corporation.

H.eferred to the Committee on Corporations.

By resolution of )Ir. Dunwody, Capt. Duncail \Yright, of Bruns"ick, and Capt. T. S. DaYis of Fernandina, Florida, were inYit.ed to seats in the Senate.

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

A bill to prescribe regulations for conducting the lmsiness of the Supreme Court on and after th('l first day of January, 1897, etc.
Referred to the CommittN' on Helie of the Supreme Court.
Also, a bill to amend an a<>t for the protection of game.
Referred to the General J udieiar~ Committee.
Also, a bill to amend the <>harter of Battle Hill, etc.

Heferred to the Committee on Corporation&.

Also, a bill to proYide compensation for election managers and clerk:> in the county of \Yilkes.
Referred to the Special Judiciary Committee.
Also, a bill to amend the charter of the city of ~.\.tlanta.

Referred to the Committee on Corporations.

294

JOURNAL OF THE SENATE.

Also, a bill to incorporate the town of l\litchell, in the county of Glascock.

Heferrecl to the Special Judiciary Committee.

Also, a hill to awend the charter of the town of Oakland City, and for other purposes.
Referred to the Committee on Corporations.
Also, a bill to amend, revise and alter the seYeral acts incorporating the town of 'Whigham, in the county of Decatur.
Referred to the Special Judiciary Committee.
Also, a bill to amend the charter of the city of Dalton~ approved October 5, 1885, and for other puq)oses.
Referred to the Special Judiciary Committee.

Also, a bill to fix the bond of the Treasurer of Richmond county.
Referred to the Special Judiciary Committee.
Also, a bill to alter and amend the charter of the town of Barnesville.
Referred to the Committee on Corporations.

Also, a bill to amend an act approved October 30, 1885, entitled an act to control certain convicts in the county of Bibb, etc., and for other purposes.
Referred to the Committee on Public roads.

MONDAY, DECEMBER 7, 1896.

295

A bill to change the present corporate limits of the city of Americus, etc.

RefetTed to the Committee on Corporations.
A bill to enlarge the corporate limits of the city of Albany.

Referred to the Committee un Corporations.

Also, a bill to amend section 1656 of the Code of 1882,. etc.
Referred to the Special Judiciary Co~mittte.

The joint resolution from the House to pay )frs. R. U. Hardeman the per diem of Ron. R. U. Hardeman, deceased, for the year 1896, was taken up, on motion of :Mr. Stewart, of the Twenty-seventh District, and concurred in.

The resolution of the House relating to the presentation of a portrait of General Robt. E. Lee, etc.

This resolution was read and concurred in.
A resolution of the House to appoint a committee to visit the Tennessee Cent,ennial Exposition, at X as~ville, Tenn.

The same was concurred in, and the following were appointed as the Committee on the part of the Senate, to wit: Honorables H.. L. Berner, President, Blaloc.k, Shropshire,. Stewart of the Thirty-fourth Dil:'trict, :Flewellen.

The tesolution of the House providing a committee of
seven from the House and three from the Senate, to ex-
amine into and report upon the amounts received by the
r nhe1-sity from the Federal government., was read and re-
fenecl to the Committee on Education.

296

. JOURNAL OF THE SENA'rE.

Tlw resolution of the House providing for a eommittee to attend the Commencement exereises of the Cnive1sity in 1SIJ7 was rea<l the first time, and referred to the ComHlittee on Education.
~lr. \YestmoJplaml, Chairman of C'ommittcC' on Engrossing, submitted the following report:

Jl r. President:
Your committee have examined, and find properly engrossed and ready to bE' transmitted to the House, the following bill, to wit:
A bill to be entitled an act to amend section 40G7 of the Code of 1882,and for other purposes.
Also, the following resolution:

A resolution proYiding for the appointment of two As ;;;istants b~- the Doorkeeper for the floor of the Senate.
Respectfully submitted.
G. F. \VEST:MORELAXD, Chairman.

)fr. Golightly, Chairman of the Committee on Corporations, submitted the following report:
Jfr. President:

Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the introducer be allowed to withdraw the same, to wit:
A hill to amend the charter of the town of Quitman, so as to authorize the )layor and Aldermen of said town to

MoNDAY, DECEMBER 7, 1896.

297

maintain a dispensary for the sale of ardent spirits, amf for <>ther 1n~rposes.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

The following bills of the Honse were read the second time, and passed to a third reading, to "it :
A bill to incorporate the city of Elberton, m Elbert -county, etc.
Also, a hill to E:>st.ablish a system of public schools for the -city of ~\Iouli:rie..
The bill of the Senate to authorize the Ordinary of Appling count;'~ to issue jail bonds, etc., was read the second time, and passed to a third reading.
:Mr. Hopkins, hy general consent, withdrew a bill to amend the charter of the town of Quitman, etc.
The joint resolution of the House providing for the appropriation of one hundred and thirty dollars to defray the e~jJenses of the recent inaugural ceremonies was read the third time, and, on motion of )Ir. Dunwody, laid on the table.
The joint resolution of the House to appropriate fifty .dollars to the Atlanta Electric Railway Company.
The report \vas agreed to.
The resolution was read the third time, and on the question of its passage, the ayes and nays were recorded.

298

JOURNAL OF THE SENATE.

Those who voted in the affirmative were ~Iessrs.-

Allen, Atkinson, Battle, Brinson, Brooke, Carter, Castleberry, Comas, Culver, Dunwody, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, Redwine, Starr,

Stewart, 27th, Strother, Thomson, Turner, Van Buren, Walker, 18th, Walker, 40th, Westmoreland, Wilcox, Witcher,

Those not voting were :Messrs.-

Blalock, Cook, Everett, Flewellen, Flynt,

Kemp, McFarland, Sheffield, Shropshire,

~tevens,
Stewart, 34th, Wooten. Mr. President.

Ayes 31. Nays 0. Not voting 13.

So the resolution was concurred in.
The Senate took up the report of the Committee on General Judiciary on the bill of the House to make certain and provide for the payment of costs in civil cases in th& (;ounty and Justice Courts of this State, etc.

The committee reported in favor of its passage by substitute.
The substitute was adopted, and the report was agreed to.
The bill was read the third time and passed, as amended,. by substitute, ayes 24, nays 0.

The Senate took up the report of the Committee on Hanks on th~ bill of the House to amend an act to incorporate The Finance Banking Company, of Atlant.a, Georgia, approved November 13, 1889.
The report was agreed to.

MoNDAY, DECEMBER 7, 1896.

299

The bill was read the third time, and passed, ayes 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 Georgia Empire ~Iutual Insurance Company.

The report was agreed to.

The bill was read the third time, and passed; ayes 23, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to incorporate the town of Plains.
Proof of legal publication was submitted.

The committee reported in favor of its passage, with amendments.

The report was agreed to.

The bill was read the third time and passed, as amended, ayes 27, nays 0.

The Senate took up the report of the Committee on Education on the bill of the House to amend an act to establish a public school system for the town of Roswell, in Cobb county.
Proof of legal notice w~s submitted.
The report was agreed to.

The bill was read the third time and passed, ayes 29, nays 0.
On motion of ~Ir. Turner, the bill of the Senate to abol-

300

JOURNAL OF THE SENATE.

i::-h barrooms, etc., was made the special order for Thursday next, immediately after the reading of the ,Joumal.

On further motion of :Jfr. Turner, the bill of the Senate to prohibit the sale of any intoxicating, fermented or distilled liquor, in this State, in le~ quantities than one pint, ete., was made the special order innnetliately following the ~\.nti-Barroom bill.

The follo"ing Senators "ere granted leaYe of absence, to wit: :Jfr. Hudson, for to-morrow; :Jir. Brinson, for Tuesday, \\Tednesday and Thursday; 1Jessrs. Atkinson and
w itcher, for two days, to Yisit a penitentiar~- camp.
Senators Starr, Hopkins, Ham, Dunwody and Battle, introduced the following priYileged resolution, "hich was read, amended by inserting the ''"ords "in writing," after the "or~l "body," in the seYenth line from tbe last, and agreed to, as amended:

\YhereasJ Heretofore, to "it: On the 2d da: of Decemher, while the bill of Senator Hopkins, seeking to so amend the Constitution as to require the election of Judges and S.olicitors-General by the people, was under discussion, Senator Carter, from the Thirty-first District, in discussing the bill said, in substance, as follows: "Some of t.he men who haYe been elected to the office of Judges of the Swperior Court, are a disgrace to the people," and did also say, in substance, as follows: "There are men on the bench today who are worse than the com:icts whom they have sentcncecl to the penitentiary, and le~ not the Senators call on me for name,:; lest I giYe them"; and
\Yherea::;, On the 7th day of December, Senator Carter, of the Thirty-first District, in explaining what he said before the Senate on December 2tl, in substance reiterated

TFESDAY, DECE)!BER 8, 1896.

:~01

the charges aboYe mad<>, aJHl stated that he would, if called upon in the proper mami<'J', fumish the name or names of the parties or jmlges ht> ha1l reference to; and

\Yhereas, Stwh dwrges are a serious reflection upon the judiciary of til<' State', ami <a11se a suspicion to arise as to the integTity of cmh ,J u<lgc of the Superior Conrt in the State; and

Whereas, The StatP <'llllllot affortl to haYe corrupt judges administering the laws of 1he State, hut such j11dges should be inte1lige11t and honc~t awl free from suspicion of corruption; and

\Yhereas, It i~ the ,.;<n;;P of the Senate that the eharges hereinbefore made should he fully inYestigated;

Therefore, he it rPsolw<l, That SPnator Carter he, and he is hereby, reque;;tecl to furni:>h to thi;; body, in writing, the mmtes of the jwlges whom he has charged with corruption, and sueh eYideJH'C' a;; he lila.' ha,e to sustain such charges, so that the s('lJate may take such action in the premises as it. in it,; wi,;dom tle<>ms propPr and just.

The Senat.e adjoHnwd, 011 motion, until 10 o'clock a.m. to-morrow.

Senate Chmuber, Atlanta, Georgia, Tue;;day, 1k<emblr S, H:iDG, 10 O'eloek a.m. The S(nate m<'t pnrsuaut to adjollJ"JlllH'nt, the Pre~ident iu t!H ehair.
Pray<'r was offC're<l hy the Chaplaiu.
On the eall of the roll, the following S!.'nators answered to their names:

302

J OUltN AL OF THE SEN ATE.

Those present were Messrs.-

Allen, .Battle, Blalock, Brooke, Carter, Castleberry, Comas, Cook, Dunwody, Everett, l<'lewellen,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Kemp, Kilpatrick, Mann, McFarland, Redwine,

Sheffield, Stevens, Stewart, 27th, Stewart, 3-!th, Thomson, Turner, Van Buren, Walker, 18th, Walker, 40th, 'Wilcox, Mr. President.

Those absent were J\1:essrs.-

.Atkinson, Brinson, Culver, Flynt,

Hudson, Shropshire, Starr, Strother,

West moreland, witcher, Wooten.

Mr. Van Buren, Chairman of the Committee on Journals, reported the Journal correct.

The special order of the morning, after the reading of the J onrnal, to wit, the motion to reconsider a bill of the House to authorize the record of bonds for title to real e;tate, was taken up, and, on motion of }fr. Gray, made the special order for to-morrow after the reading of the Jomnal.
}h. Golightly, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:

The Committee on CoqJOrations haYe had under consideration the following bill, "hich they direct me to report, with recommendation that the same clo pass:

A bill to be entitled an act to amend the charter of Baxley, and for other purposes.

TuESDAY, DECEJ\IBER 8, 1896.

303

'y Also, a bill to be entitled an act to re-enact an act entitled
an act to incorporate the Atlantic, Atlanta and Great estern Railroad, and for other purposes.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

Mr. Golightly, Chairman pro tem. of the Special Judiciary Committee, submitted the following report:

Atr. President:
The Committee on Special ,l ncliciary haYe had under consideration the following House bill, which they direct me to report to the Senate, with recommendation that the same <lo pass.

A bill to he entitled an act to amend the charter of the city of Dalton, apprond October 5, 1885, and Jor other purpose;;.

Respectfully submitted. J. F. GOLIGHTLY, Chairman protem.

Mr. Battle, Chairman of the General J ucliciary Committee, submitted the following report:

Aft. President:

The Committee on General Judiciary han had under eonsideration the following Senate bills, which they direct me to report back, with recommendation that the same do pass, as amended, to wit:

A bill to he entitle<l an act to amend section 23!-\5 of the Code of 1SR2, in reference to processioning lands, b:-; m-

304

JouRNAL OF THE SENATE.

serting certain words therein, so as to make it necessary tc smTey and mark only such lines as are uncertain or in dispute.
Also, a bill to be entitletl an act to require all claimants of land sold under transferred wild land tax .ti. fas. or under iusnffieient adYertisement, prior to Jannary 1, 1880, to Lring suit within twehe months, and for other Plll1)0ses.
They direct me to report the following bill of the Senate baek, \Yith reeommendat.ion that the introrlncer he permitted to ,,-ithdra\\ the bill, to wit:
..:\. hill to he entitle<l an act declaring expre,;..;; eompanies operating and doing business in this State em11mon carriers, and for other purposes.
They also direet me to report the following bill of the Honse, with recommendation that the same do not pass:
A bill requiring jndges of City and County Courts to ~:nhmit their eharges in writing to jnries, wh~n requested hy either party, or counsel for either party.
Hespectfnll,v snlnnitted.
C. E. BATTLE, Chairman.

::\fr. Kilpatrick, Chairman of the Committee on Hailroads, submitted the following report:
J!r. President:
Yonr eommittee haYe had nJHler eonsitleration the follrming Senate bill, which they instruct me to report back, with the rerommendation that the same dopa!'.."-, to wit:
..:\. bill to he entitle<l an art to authorize the Railroad

TuESDAY, DECE)JBER 8, 1R96.
Connui~sion of Georgia to compel the shipper or consignee, or officer, agent or employee of a common carrier to give evidence, on certain conditions, touching complaints of violations of the law against or giving rebates and underbilling by common carriers, and to exempt such persons so cc.mpelled to testif:\ from indictment or prosecution for his connection with any such transaction, to make such persons thereafter cmupetell t aml c01 npellahlc to testify in the courts of this State, and for other Jmrpo;;es.
The ('OJlllHittec al,;o n'eOliLIHend that the following resolutions do pass, to wit:
A resolution cmi<'mTing m and adopting certain addi-
''rtional terms propose<l hy the eity of Atlanta, affecting all street, and eertain property designated as the "triangle."
A I:esolution requesting the neneral ;\.ssemhly of the State of Tennessee to enact appropriate legislation authorizing the filing of eertain official maps of the \\'estern and .Atlantic Hailroad in Hamilton ('Ollll(Y, Tennessee, and giving to the same, \\hen so filed, the force an<l effect of a !'('Cord of deeds to lam!t<.
..:\ joint resolution <lirclting pro<cedings to he instituted for the recovery of part. of the original depot grounds belonging to the State, at Chattanooga, Te1messce.
Also, a joint resolution continuing in existence the Special Commission allowed umler a joint resolution approvell December lS, lS!J-J., for the purpose of hearing, l'Onsidering and finally <letC'rmining any and all matters of controversy, and issues, both of law and fact, affecting or relating to the \\'est<'rn and ;\.tlantic Hailroad, its rights,
~0 s

306

JOURNAL OF THE SENATE.

ways and properties, that may be submitted to it, etc., and for other purposes.

Also, a joint resolution authorizing the Atlanta, KnoxvilJe and N orthem Railway Company to acquire certain rights, in the use of the right of way of the "\Yestern and Atlantic Hailroad in and. nP..ar the city of )farietta.
Respectfully submitted.
J. D. KILPATRICK, Chairman.
~fr. Kilpatrick, Chairman of the Committee on Raill'Oads, submitted the following report:
Jfr. President:

The Committee on Railroads have had under consideration the following bill, which they direct me to report back, with the recommendation that the same do pass, as amended, to wit:

A bill to be entitled an aet to enlarge the po"ers of the Railroad Commission of Georgia, so as to require railroa{ls to receiYe, receipt for, and deli;-er cars and freights, and to prevent discriminations, and for other purposes.

Respectfully submitted. J. D. 1\:ILPATHICK, Chairman.

The following message was received from the Honse through :Jlr. Hardin, the Clerk thereof:
Mt. Pres-ident:
The House has concurred in the Senate amendments to tl1e following hills of the Honse, to wit:

TUESDAY, DECEMBER 8, 18!)6.

307

A bill to regulate the business of Building and Loan Associations in this State.

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

A resolution to pay the members of the Pardoning Committee and their clerk.

The House has also passed the following House bills, by the requisite constitutional majority, to wit:

A bill to authorize the appointment of a Commissioner ()f Pensions, to prescribe the powers and duties of the same.

Also, a bill to authorize the Superior and City Courts of this State to hold courts at places other than the courthouses, and for other purposes.

Also, a bill to authorize sohent Guarantee Companies. Fidelity Insurance Companies and Fidelity Deposit Companies to become :mrcty upon attachment bonds, and bonds ()f city, county and State officers.

Also, a bill to prescribe the terms of admission into the Georgia School for the Deaf.

Also, a bill to prescribe and define scholastic months.

Also, a bill to change the time for holding the Superior Court of Burke county.

Also, a bill to pro.-idc for additional compensation for Sheriff of the Supreme Court.

Also, a bill to change the time of holding the fall term ()f Henry Superior Court.

308

JOURNAT, OF TilE DENATB.

Also, a bill to amend the charter of the Commercial J"3ank, of Albany.
The Honse has also adopted the following- joint resolutions, in which the concurrence of the Senate' is asked, to wit:
A resolntion to appropriate $~7H.'I- to :JI. .J. \\~alkcr for repmting the e\idence in the conYict imestigation.
~\.lso, a resolution to pay pensions to certain widows and minor children of certain Confe<_lerate soldiers.

:Jir. Flewellen, Chairman of the Committee on Pensions, submitted the following report:

J/r. Prcsidcn t:

The Comlllittce on Pen:3ions haYe ha(l umler consideration the following- bill, which they direet me to report back to the Senate, with the reconnm'JHlatioH that it do pass, to wit:

Honse bill I\o. 1:22, to be entitled an aet to make penal the collecting of fees for obtaining pensiom.
Het>pectfnlly submitted.
E. A. FLE\YELLEX, Chairman.

:Jir. Stewart, of the Thirty-fourth l )istriet, Chairman of the Committee on Banks, submitted thP following report:

Jlr. President:
Your committee han' ha<l under consideration the following bill, and instruct me to report back, with recommemlation that same do pass, to \\it:

TuESDAY, DECE:YBER 8, 1896.

309

A bill to amend section 943(a) of the Code of 1882, and acts amendatory thereto, proYiding for State Depositories, so as to add thereto Statesboro, Toccoa, :Moultrie, Colquitt, and Eastman.

Respectfully submitted.

T. D. STE\YART, Chairman.

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

A bill to authorize the Superior and City Courts to be held at place or places other than their respective courthouses, when it is impracticable to hold the same in such court-houses.

H.eferred to the General Judiciary Committee.

A bill to authorize solYent Guarantee Companies, Fidelity Insurance CompaHies, and Fidelity Deposit Companies to become surety upon attachment bonds and upon the bonds of city, county and State officers.

Referred to the General Judiciary Committee.

A bill to authorize the appointment of a Commissioner of Pensions, and for other purposes.

Referred to the Committee on Pensions.

Also, a bill to prescribe and define a school month.

Referred to the Committee on Education.

Also, a bill to prescribe the terms of admission into the Georgia School for the Deaf.

Referred to the Committee on Asylum for the Deaf.

310

JOURNAL OF THE SENATE.

Also, a hill to change the time of holding the fall term of Henry County Superior Court.

Referred to the General Judiciary Committee.

Also, a bill to provide additional compensation for the Sheriff of the Supreme Court.

Referred to the General Judiciary Committee.
Also, a hill to change the time of holding the Superior Court of Burke county, and for other purposes.

Referred to the Special Judiciary Committee.

Also, a bill to amend the chartet of the Commercial Bank of Albany.

Heferred to the Committee on Banks.

l\Ir. Stewart, of the Thirty-fourth District, submitted the following report:
Mr. President:
Your committee appointed to Yisit the Georgia N onnal and Industrial College, at :Jfilledgeville, beg leave to submit the following report:

\Ve visited and carefully examined the various departments of this great school. Ewry department is ably presided over by talented teachers, and it is the opinion of your committee that neYer, in the history of our State, has such thorough work been done. The pupils are being trained in the various avocations that the good women of our State may follow; they are thoroughly taught in the arts of cooking, dres~mwking, telegraphy, bookkeeping and typewriting, in addition to the fine arts.

TuESDAY, DECE'iiiBER 8, 1896.

311

'Ve find the dormitory conveniently arranged, and a model of neatness and good taste, but not large enough to accommodate the needs of the college, as we are informed that about 200 girls were turned away this year for want of accommodations. The college is in sore need of a chapel large enough to seat the school comfortably during devotional and commencement exercises. The courses are divided, in a general way, into five departments, to wit: Normal, Industrial, Collegiate, Domestic, :Music and Fine Arts. The library contains over two thousand volume..'!, treating of the subjects sought to be learned of, and is conveniently arranged.

There are !:It present about 350 young ladies and girls in attendance upon the college, and they are being thoroughly taught in the various branches, and we feel that they will not only be equipped to go out into the world and earn a living for themsehes, hut they, having been blessed by (JUl' grand old State, will, in turn, bless those with whom they come in contact.

"\Ve think the State has a most efficient President of this college in the person of Dr. J. Harris Chappell, and is to be congratulated in having secured his services for this important work.

Respectfully submitted.

T. D. STEWART, B. 1<'. WALKER,
Committee.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend the last paragraph of section 918 of the Code of 1882, etc.

The report was agTeed to.

:)12

JOURNAL OF THE SENATE.

The bill was read tl1e third time and passed, ayes 24, uays 0.
The Senate took up the report of the Committee on Edu(.'ation on the bill of the Senat-e to authorize the town of Calhoun, in Gordon county, to establish and maintain a system of public school:,;, etc.

Proof of legal notice was submitted. The report was agreed to.

The bill was read the third time and passed, ayes 24, nays 0.
The Senate took up the report of the Committee on Railroads on the following resolutions, which report was agreed to, and the several resolutions having been read the third time, \vere agreed to, as indicated, to wit:

A resolution requesting the General Assembly of the State of Tennessee to enact appropriate legislation authorizing the filing of certain official maps of the \Vestern and Atlantic Railroad, in Hamilton count~, Tennessee, and giving to the same, when so filed, -the force and effect of a record of deeds to lands.

Ayes 25, nays 0.
A re.solution concurring in and adopting certain additional terms proposed by the city of Atlanta, affecting \Yall street and certain property designated as the "triangle."
Ayes 25, nays 0.
A resolution authorizing the Atlanta, Knoxville and Northern Railway Company to acquire certain rights in the

TUESDAY, DECE)fBER 8, 1896.

313

''r me of the right of way of the estern and Atlantic Rail-

road in and ncar the city of :Jlarietta.

Ayes 25, nays 0.

A resolution directing proceedings to be instituted for the recovery of part of the original depot grounds belonging to the State at Chattanooga, Tennewee.

Ayes 25, nays 0.

Also, a re,;ol11tion continuing in existence the Special Commission allowed under a joint resolution approved Deuember 18,1!30-, in regard. to claims of the \\'estern and Atlantie Hailroacl, etc.

Ayes 25, nays 0.

On motion of :.\Ir. Battle, ordered immediately transferred to the Honse.

:Mr. \Yilcox, by general consent, introduced a bill to repeal an act incorporating the town of HomerTille, in the -county of Clinch, etc., which was read the first time a...11d Teferred to the Special Judiciary Committee.

The following communication was received from his Excellency, the Governor, through his Secretary, J\Ir. \YarTen, to wit:

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

314

JOURNAL OF THE SENATE.

Executive Department, Atlanta, Georgia, December 8, 1896.
To the General Assembly:
I have the honor to inform yon that Hon. \Y. H. Fish, in a communication to this Department, dated the 7th of December inst., declines to accept the office of judge of the Superior Oomis of the Southwestern circuit, for the term beginning January 1, 1897, to which he was elected by the General Assembly. This declination will create a vacancy in said office on the 1st of January prox., to fill which provision should be made at your present session.
W. Y. ATKINSON, Governor.

The Senate took up the report of the Committee on Education on the bill of the House to establish a system 0f public schools for the city of ::\Ioultrie.
The committee reported in favor of its passage, a& amended.
The amendments were adopted, aml the report agreed to.
The hill was read the third time and passed, as amended, ayes 27, nays 0.
This hill was ordered to be immediately transmitted to the House.
The following resolutions from the House were read the first time, and referred, as indicated, to wit:
A resolution to pay a pension to the widmYs or mmor children of certain deceased Confederate veterans.
Referred to the Committee on Appropriations.

TuESDAY, DECE)IBER 8, 1896.

315

Also, a resolution to appropriate money for ::\I. J. \Yalker
for reporting the evidence in the c01wict investigation.
Referred to the Committee on Appropriations.

The bill of the Hon~e to amend the rhart~r of the city of Dalton was read the second time and passed to a third reading.

Mr. Hedwine withdrew, by general consent, a bill declaring express companies common carriers and subject to regulation and control by the Hailroad Commission.

The Senate took np the report of the Committee on Railroads to authorize the Hailroad Commission of Georgia to compel the shipper or consignee, or officer, agent or employee of a common carrier to give eYidence on certain conditions touching complaints of violations of the law against granting or g1nng rebates, etc., by common carriers, etc.

The report was agreed to.

The bill was read the third time and passed, ayes 24, nays 0.

A bill of the Senate to enlarge the powers of the Railroad Commission, so as to require railroads to receive, receipt for and deliver cars and freights, and prevent discrimination, was made the special order for December 15.

The bill of the Senate to authorize the Ordinary of Appling county to issue jail bonds, etc., was temporarily laid on the table.

The bill of the Senate to require the nature of alcoholic clrinks, etc., to be taught in the public schools was made the special order for Ttlesday, December 15.

316

JouRNAL oF THE SE~ATE.

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 Baxley and provide a free school system therefor.

A bill to amend section ::;38;") of the Code of 1882, etc.

Also, a bill to require all cla!mants o~ lands sold under transferred wild lands anll transferred "ild land tax fi. fas., etc., to bring suit in twelYe months.

~Ir. Golightly, Chairman of the Committee on Corporations, submitted the following: report:

Jlr. Pre8idcut:

Your committee ha,e had under consilleration the following bill, which I am instructed to report back, with recommendation that the same do pass:

Home bill Xo. 2+8, to amend the charter of the town of Oakland City, and for other purposes.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

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

A bill to make penal the collecting or receiYing of fees for obtaining pensions.

Also, a bill to amend section 943(a) of the Code of 1882, etc.

Also, a bill to amend the charter of the town of Oakland City, and for other purposes.

TUESDAY, DECE)IBER 8, 1896 .

317

..c\lso, a bill to repeal an act to require Spalding county to pay the officers of <'<llll't the co~ts allowecl by law in each case conYictecl aml \mrke<l in the chain-gang of said county.

The )Jill of the Senate a<hersely reported by the General Judiciary Committee, to amend seetion 1:288 of the Code of 1i:-18:2, \ras taken np and lo~t, by agreement with said report.

The bill of the Senate to require Ordinaries to name election managers and dcrks of each political party that has a ticket in the field, whieh was referred to the General .fudieiary ( 'ommitter, \nts, on motion ot ].Ir. Carter, referrecl to the joint :')1P<ial <<mlmittee on o:nch snbjeets.

The following bill" \\en introdnee<l, read the first time, and referred as imlieated, to wit:
Hy ].Jr. Berner, Pre~idcHt-

A bill to prmicle for a ('Jerk for the Supreme Court Reporter.

HefeiTe<l to Committce fo1 Helid of the Supreme Court. By ].Jr. :JkFarland-

A resolution proYiding for a ]lension to :JI rs. Sarah Powers.

Referred to the Committee on Pensions.

By :Jfr. Oeiger-

~\ bill to prmide for the uniform amemln.Hnt of bank <"harters.

Hf>ff'rre<l to the Committee on Banks.

318

JOURNAL OF THE SENATE.

By Mr. \Yalker of the Eighteenth District-

A bill to require the Ordinaries of this State to collect a fee of three dollars for issuing marriage certificates, and for other purposes.

Referred to the General Judiciary Committee.

The Senate took up and concurred in the amendment of the House to the substitute of the Senate to the bill of the House, with an amendment, to wit:

A bill to amend section 1288 of the Code of 1882.

The Senate took up the report of the Committee on Appropriations on the bill of the Honse to appropriate $2,500 to meet a deficit incurred by the Board of Trustees of the Georgia School for the Deaf, for the year emling SeptemlPr 30, 18UG, by rea:::on of a large increase in the number of pupils.

The rPport was agrePcl to.

The bill "a:-> read the thinl timP, and on the question of its p::ts<'age the ayes ancl nays ,,ere recorded.

Those Yoting in the affirmatiYe were ~Iessrs.-

Allen, Battle, Brooke, Castleberry, Comas, Cook, Dunwody, Everett, Flewellen,

Geiger, Golightly, Gray, Ham, Hopkins, 'Kemp, Maitn, McFarland, Redwine,

Steven~,
Thomson, Turner, Van Buren, walker, 18th, walker, 40th, Westmoreland, Wilcox,

TuEsDAY, DEcEMBER s, 18\:lo.

319

Those not voting were Jl.fessrs.-

Atkinson, :Blalock, Brinson, Carter, Culver, Flynt,

Goldin, Hudson, Sheffield, Shropshire, Starr, Stewart, 2ith,

Stewart, 34th, Strother, Witcher. 'Yooten. llir. President.

Mr. Kilpatrick voting in the negative.

Ayes 26. Nays 1. :Sot voting 17.

So the bill was pa8sed by a constitutional majority.

The Senate took up the report of the Committee on Appropriations on the bill of the Honse to appropriate twelYe hundred dollars to be nsed in furnishing additional rooms for the J nstices aucl officers of the Supreme Court.

The. report was agreed to.

The bill was read the third time, and on the question of its passage, the ayes and nays were reconlecl.

Those who Yoted in the affirmatiYe were :Messrs.-

Battle, Brooke,Castleberry,Comas, Cook, Dunwody, Flewellen, Geiger,

Golightly, Gray, Ham, Hopkins, Kilpatrick, 1\Iann, :\IcFarland, Redwine,

Stevens, Stewart, 2ith, Thomson, Turner, Van Buren, Walker,. 18th, 'Yestmoreland, Wilcox,

Those \dlO Yoted in the negati'n were ::\Iessrs.-

Allen, Carter,

Kemp,

Walker, 40th,

JouRNAL OF TllE SENATE.

Those not voting were Messrs.-

Atkinson, Blalock, Brinson, Culver, Everett, Flynt,

Gol<.lin, Hudson, Sheffield, Shropshire, Starr,

Stewart, 34th, Strother, Witcher, Wooten. :Mr. President.

Ayes 24. :Says 4. Xot voting 16.

So the bill was passed hy a constitutional majority.

The following bills of the Honse were re<Hl the third time, the reports of committees thereon were agreed to, and the bills passed, by constitutional majoritie,.;, to wit:
A bill to change the time of holding ~lcDnftie Superior ('onrt.

Also, a bill to elumg0 the fall term of Pike Snperior Conrt.

The following bills of the Honse were taken np for a third reading, under reporL.;; of committees, aml read the third time. The committees rc>ported in faYor of the passage thereof, with amendments, ~whieh were agreed to, and thP reports were adopted. Proof of legal uoti<P of pnbliultion was, in each case, ,-ulnuittc><l. The hills were read the third time, an<l passe<!, as indieatPd, to wit:

"\ hill to" ineorporate the <ity of Ellwrto11, m Elbert (uunty, and for other purpose,;.
"\yes 2G, nays 0.

:\ hill to anthorize the Commissioners of the Yillage of SmnmerYi11e, in HielunoH<l emmty, to prmide for the regi,.;tratiou of tl1e cpwlifie<l Yoter~ in said Yillage.
~\yes 24, nays 0.

'VED~ESDAY, DECEMBER 9, 1896.

321

Also, a bill to prescribe who are qualified to YOte in all elections in the Yillage of Summerville, in the county of Hichmond, and for other purposes.

The Senate took up the report of the Committee on Corp0rations on the bill of the Honse to re-enact an act to in_corporate the Atlantic, Atlanta and Great "Testern Railroad and X aYigation Company, approYecl September 22, l SS i, and for other purposes.
The committee reported in favor of its passage, with amendments, \vhich were adopted, and the report was agreed to.
The bill wa..:; rea<l the third time, aml pas~ecl, as amended, ayes 2f1, nays 0.

Leave of absence was granted ::Jir. Shropshire from the se::sion of to-day.

The Senate adjourned, on motion, nutil l 0 o'clock a.m. to-morrow.

Senate Chamber, Atlanta, Georgia, 'Yedne::day, December H, 1896, 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:
21 8

322

JOURNAL OF THE SENATE.

Those present were Messrs.-

Allen, Atkinson, Blalock, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwony, Everett, Flewellen, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stevens, Stewart, ~ith, Strother, Thomson, Turner, Yan Buren, Walker, 18th, 'Valker, -lOth, \Vestmorelan1l, Wilcox. Mr. President.

Those absent were :Messrs.-

Battle, Brinson,

Flynt, Stewart, 34th,

Witcher, Wooten.

!Ir. Van Buren, Chairman of the Committee on Journals, reported the J onrnal correct.

It was then read and confirmed by the Senate.
The special order of this morning, to wit, the moti~n t.o reconsider the bill of the House to authorize the recording of bonds for title to real estate, was taken up.

The bill was reeonsidend, and on motion of )lr. Shropshire recommitted to the (; eueral Judiciary Committee.

On motion of :Jfr. Stewart., of the Twenty-seYenth District, the bill of the Honse requiring- Judges of the City Courts and County Courts of this State to write out and read their charge;; to juror;; in certain eases, etc., was reconsidered, and on his motion, recommitted to the General Judiciary Committee.

On motion of :Jfr. Starr, the report of the Special Judiciary Committee, on the hili of the House to amend the

WEDNESDAY, DECEMBER 9, 1896.

323

charter of the cit;' of Dalton, approYed October 5, 1885, and for other purposes, was taken up.

The report was agreed to.

The bill was reall the third time, and passed, ayes 26, uays 0.
..
Proof of legal publication was submitted.

The bill was ordered to be immediatel.'T transmitted to the House.

Leave of absence "as granted )fr. Battle.

:Mr. Golightly, Chail'man of the Committee on Corporations, submitted the following report:

.Mr. Pre.<Jideut:

Your committ('e haw had undt>r consideration the following Honse bill, whieh they instruct me to report back, with recommendation that same be read the second time and be reeommi.ttecl, to wit:

A bill to amend the charter of the eity of .Jiacon, and for other purposes.

Respectfully snlnnitte~l.

. J. F. GOI.IGHTLY, Chairman.
:Mr. Kilpatrick, Chairman pro tem. of the General Judiciary Committee, submitted the following report:
J/1". P1e.<Jident:

The General Judiciary Committee have had under consideration the following Honse bills, which they direct me

324

JOUR~AL OF THE SENATE.

to report to the Senate, with recommendation that they <lo pass, to wit:

A bill to provide additional compensation for the Sheriff of the Supreme Court.

...:\lso, a bill to authorize the Superior and City Courts of this State, to be held at place or places other than their ~e spectiYe court-houses, when, for causes, it is impracticable t0 hold the same in such court-house.

Also, a bill to change the time of holding the fall term of Henry County Superior Court.

Also, the following Honse hill, which they direct me to report do pass, by substitute:

A bill to amend an act for the protection of game.

They direct me to report the following Senate bill, with recommendation that the same do pass, by substitute:

A bill to be entitled an act to proYide for the transfer of corporate stock, when used as collateral security.

They direet me to report the following Senat hill, with recommendation that the same do not pass:

A bill requiring and authorizing the Ordinaries of this State to collect three ($3.00) dollars for marriage licenses, one half of which to go to the party performing the marriage ceremony.

Respectfully submitted.

J.D. KILPATRICK, Acting Chairman.

'WEDNESDAY, DECEMBER 9, 1R96.

325

Mr. McFarland, Chairman of the Committee on Public Hoads, submitted the following report, to wit:
Mr. Ptes-ident:

The Committee on Public Roads have had under consideration the following bills, which they direct me to report to the Senate, with the recommendation that the same do pass, to wit:

A bill to be entitled an act to provide for the establishing of public roads, and for other purposes.
A.lso, a bill to amend an act of the General Assembly of Georgia, approved October 3, 1895, entitled an act to regulate and control certain convicts in the county of Bibb, and for other purposes.
Respectfully submitted.

T. F. 11fcFARLAXD, Chairman.

:Mr. Golightly, of the Thirty-sixth District, Chairman of the Corporat.ions Committee, submitted the following report:

illr. P1esident:

Your Committee on Corporations have had under consideration the following Senate bill, which they instruct me to report back to the Senate, with recommendation that the same do lJas.;:
A bill to be entitled an act to repeal ru1 act entitled an act to establish a County Court in and for the county of Appling, approYecl December 13, 1893.

326

JOURNAL OF THE SENATE.

The committee recommend the following Senate bill do pass, by substitute:

A bill to be entitled an act to authorize the Ordinaries of the counties of Appling, "\Yayne, and Pierce to form chain-gangs of the misdemeanor conYicts, and work them on the public roads.

Also, they recommend the following House bills do pass:

A bill to be entitled an act to enlarge the corporate limits of the city of Albany, etc.

Also, a bill to be entitled an act to incorporate the town of Yatesville, in the county of l'pson, etc.

Also, a bill to be entitled an act to change the present corporate limits of Americus.
Respectfully submitted. J. F. GOLIGHTLY, Chairman.

The hill of the Honse to amend the charter of the city of l\Iacon, and for other purposes, was read the second time, and passed to a third reading.

Under the call of the roll for the introduction of new matter, :Jfr. Golightly introduced a bill to amend the charter of the .Atlanta and "\Yest. Point Railroad Company, which was read the first time, aud referred to the Committee on Corporations.

The Senate took up the report of the Committee on Corporations on the bill of the Senate to amend the charter of l3axley, and provide a free school system therefor.

Proof of legal notice was submitted.

The report was agTeed to.

WEDNESDAY, DECEMBER 9, 1896.

327

The bill was read the third time and passed, ayes 27, nays 0.

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

Jlr. President:

The Honse has passed the following Honse bills, by the requisite constitutional majorities, to wit:

A hill to proYide for the- enforcement of the rights of a trustee in a deed to real property, made to secure a not~ owing to one or more persons.

Also, a hill to repeal an act to create a County Court for
thP COlmty of walton.

Also, a hill to create the office of Commissioner of Public \Yorks for the city of Sayaunah.

Also, a bill to amend the charter of the city of Y aldosta.

Also, a bill to !'Stablish a City Court for the city of )fonroe, in 'Yalton county.

Also, a bill to fix the salaries of County School Commisswnel'S.

The Honse has also concurred in the Senate amendment:; to the following bills of the Honse, to wit:

A bill to prO\ide for a system of public schools for tlw town of Roswell.

Also, a hill to incorporate the town of }Ioultrie, in Colquitt county.

328

JoURNAL OF THE SENATE.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to amend section 23S5 of the Code of 1882, in reference tp processioning lands, etc.

The committee reported in favor o_f its passage, with ame1idments, which were adopted, and the report was agTeed to.

The bill was read the third time and passed, as amended, by ayes 28, nays 1.

The Senate took up the report of the General Judiciary Committee on the bill of the Senate to require all claimants of land sold under transferred wild land tax fi. fas., or under insufficient advertisement of transferred or untrans:ferred wild land ta.."X fi. fas., prior to the first clay of J anuary, 1880, to bring suit for such land within twelYe months, and to provide for the manner of bringing such suits, and for other purposes.

The committee reported m favor of its passage, with amendments, which were aclopterl, and the report was agreed to.

The bill was read the third time and passed, as amended: ayes 31, nays 0.

The bill of the Senate to enlarge the powers of the Rail road Commission of Georgia, etc., which had been made the special order for Tuesday next, was, by general consent, taken up for a third reading, and on motion, laid on the table.

'VEDNESDAY, DECEl\IBER 9, 1896.

329

~Ir. Golightly, Chairman pro tem. of the Committee on Special Judiciary, submitted the following report:

Jlr. P1esidcnt:

Your committee haYe had under consideration the following bill, which they instruct me to report back, with recommendation that the same do pass, as amended, to wit:

A bill to be entitled an act to amend section 1656 of .the Code of Georgia for 1882, so as to make women eligible to the office of State Librarian, and for other purposes.
Respectfully submitted.
J. F. GOLIGHTLY, Chairman.

:Jir. Shropshire, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. Ptcsident:
Your committee haYe had under consideration the following bills, and instruct me to report back, with the recommendation that the same do pass, to wit:
A bill to be entitled an act to fix the bond of the Treasllrer of Richmond county, and for other purposes.
A bill to repeal an act approved February 28, 1876, providing that the insolvent costs of the Solicitor, mentioned in said amendatory act shall be paid from funds realized from hiring out convicts of said County Court in 'Vilkes eounty.

A bill to be entitled an act to appropriate the proceeds :from the hire of misdemeanor comicts, in the Northern

300

JOURNAL OF THE SENATE.

Judicial Circuit, to payment of costs accruing to officers, and for other purposes.

Respectfully submitted.

"WESLEY SHROPSHIRE, Chairman.

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 Oakland City, and for other purposes.

The report was agreed to.

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

Proof of notice of publication was submitted.

The Senate took up the report of the Committee on Pensions on the bill of the Honse to make penal the collecting or receiYing of fees for obtaining pensions.

The report was agreed to.

The bill was read the third time and passed, ayes 25, ltaYS 0.

The Senate took up the report of the Committee on I~anks on the bill of the Honse to amend section fl-13(a) of the Code of 1882, and amendatory acts, etc.

The report was agreed to.

The bill was read the third time and pas~ed, ayes 23, nays 0.

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

WED.NEBDAY, DECE:IIBER 9, 1896.

331

A bill to establish a City Court for the city of ):[onroe, in "\\'"alton county.

Referred to the Special Judiciary Committee.

Also, a bill to repeal an act to create the offic~ of Commissioner of Public "\Yorks for the city of SaYannah, etc.

Referred to the Committee on Corporations.

.Also, a hill to amend the charter of Y aldosta, approYed October 2-l, lSSi, and for other pnrpo::.es.

Referred to the Committee on Corporations.

Also, a bill to repeal an act to create a County Court for tl1e county of "\Yalton, etc.

Referred to the Speeial .Tudiciary Committee.

.Also, a bill to proYide for enforcing the rights of a trustee in a deed to real property made to secure a note or notes, or other debt owing to one or more persons, etc.

Referred to the General Judiciary Committee.

Also, a bill to pay the <'Onnty school commissioners of tlw State of Georgia a fixed salary of not less than $100 nor more than $1,:WO.

Heferred to the Committee on Education.

)Ir. "\Yalker, Chairman pro tem. of the Committee on }:nrolling, submitted the following report:

J/r. Prc8idcnt:

The Committee on Enrolling haw examined and direct me to report as dnl:y enrolled and ready for the signatures

332

JouRNAL oF TUE SE~ATE.

of the President and Secretar; of the Senate the following rewlution, to wit:

A resolution authorizing the GoYernor to relinquish all claims of the State against the Blne Ridge and Atlantic }{ailroad.

Respectfully submitted.
J. Y. \\~..:\_LKER, Chairman pro tem.

J\:[r. \\restmoreland, Chairman of the Committee on Engrossing, submitted the following report:

Jfr. President:

The Engrossing Committee han examined the following bills, which they direct me to report as dnly engrossed and ready to be transmitted to the Honse of Representatives, to wit:

A bill to be entitled an act to authorize the H.ailroad Commission of Georgia to compel the shipper or consignee or officer, agent or employee of a common carrier to giYe evidence, on certain conditions, and for other purposes.

Also, a bill to be entitled an act to amend the last paragraph of section 918 of the Code of lfl82, so as to reduce the amount of the bond required of tax-receivers in this State to one--fourth of the amount of the State tax of the county for which he receiYes tax returns.

Also, a bill to be entitled an act to authorize the town of Calhoun, in Gordon county, Georgia, to establish and maintain a system of public schools, and for other purposes.

Also, the following resolutions, which they direct me to report as duly engrossed:

WED:NESDAY, DEc:KMBER -9, 1896.

333

A resolution reque,..ting- the General Assembly of the
'r State of Tennessee to ennet appropriate legislation autllOr-
izing the filing of C{'rtain otlieial maps of the estern and Atlantic Railroad.

Also, a resolutim1 authorizing the Atlanta, Knoxville and X orthern Railroad Company to acquire certain rights in the use of the right of way of the W'estern and Atlantic Uailroad, in and ncar the city of )farietta.

Also, a resolution ton<mring- in and adopting certain additional terms propo::cd by the eity of Atlanta affecting 'Vall street, and certain property designated as the triangle.

Also, a joint resolntion directing proceedings to be instituted for recowry of part of original depot grounds at Chattanooga, belonging to the State.

Also, a joint resolution continuing in existence the Special Commission of the "\Vestern and Atlantic Railroad.

Respectfully submitt<>tl.

G. F. W ES'DIOHELAND, Chairman.

The bill of the Senate to require and authorize Ordinaries to collect a fee of three dollars for issuing marriage licenses, e.>tc., was taken up, under adverse report of the General Judiciary Committee, and lost, by agreement with said report.

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

A bill to provide for establishing public roads, and for other 1mrposes.
Also, a bill to repeal an act to establish a County Court

334

JOURNAL OF THE SENATE.

in and for the county of Appling, approYed December 13, 1893.

Also, a bill to authorize the Ordinaries of the counties of Appling, '\'\"ayne and Pierce to form chain-gangs of the misdemeanor convicts, and work them on the public roads.

Also, a bill to provide for the transfer of corporate stock 'd1en used as collateral secnrit~, and to proYide for the protection of the holders thereof.

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

A bill to repeal an act approwd February 28, 1876, providing that the insohent eosts of the Solicitors, mentioned in said amendatory act, shall be paid from fnn<l,; realized from hiring out conYicts of said County Court of \\' ilkes.

Also, a bill to amend an act for the protection of game.

Also, a bill to authorize the Superior and City Court:; of this State, to be held at place or places other than their respect.ive court-houses, et<'.

Also, a bill to appropriate the proceeds from the hire of misdemeanor conYicts, in the :Xorthern J ndicial Circuit, to the payment of ('Osts accruing to officers, approYed October 15, 1887, so as to exempt '\\"ilkes eounty from the provisions of that act.

Also, a bill to proYide additional compensation for the Sheriff of the Supreme Court.

Also, a bill to change the present corporate limits of .Americus.

WEDNESDAY, DECF.MHER 9, 1896.

335

Also, a bill to -fix the bond of t.hc Treasurer of Richmond <'cunty, and for other purposes.
Also, a bill to change the time of holding the fall term of t.he Superior Court of Henry county.
Also, a bill to enlarge the- corporate limits of the city of .Albany.
Also, a bill to am~nd section 1656 of the Code of 1882, so as to make women eligible to the office of State Libra- . nan.
This bill was made a speeial order aftt>r the previom special orders for to-da~ are disposed of.
Also, a hill to amend an act to control ce1iain convict:; irJ the county of Bibb, and for other purposes.
Also, a hill to incorporate the town of Yatesville, in the county of F pson.

On motion of ~Ir. Atkim:;on, the Senate took np the repmi of the Committee on Finance ou the !Jill of the House to repeal an act to require Spalding county to pay the officers of court the costs now allowed by law in each case conYicted and worked in the chain-gang of said county.
Proof of legal notice was submitted.
The report was agreed to.
The hill was read tlw third time and passed, ayes 27, nays 1.

The joint resolution of the House proYicling for the appropriation of $130.00 to defray the expenses of the recenj, inaugural ceremonies, the report. haYing he-en previously

336

JOUR~AL OF THE SENATE.

agreed to and the resolution read the third time, the ayes and nays were recorded.

Those who voted in the affirmative were :Messrs.-

Atkinson, Blalock, B.rooke, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Geiger,

Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, l\IcFarland, Redwine, Shropshire,

Starr, Stevens, Stewart, 27th, Stewart, 3-tth, Turner, Van Buren, Westrnoreland, wilcox, Witcher.

Those who voted in the negative were :Messrs.-

Allen, Carter, Castleberry,

Goldin, Kemp,

Strother, Walker, 40th.

Those not voting were :M:essrs.-

Battle, Brinson, Flynt,

ShPffield, Thomson, Walker, 18th,

Wooten, i\Ir. President.

Ayes 29. Nays 7. Not \"oting 8.

So the resolution was concurred in by a constitutional majority.

~Ir. Shropshire, Chairman of the Committee on Special Judiciary, submitted the following report:

Jfr. President:

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

A bill to authorize the mayor and council of the town of ~Iillen to issue bonds to the amount of $8,000, for the pur-

"WEDNESDAY, DECEllBER 9, 1896.

3:l7

pose of constructing and <>qmppmg an academy, and for other purposes.

Hespectfnlly ;mbmitted.

WESLEY SIIHOPSIIIRE, Chairman.

The St>nate took np the r<'port. of the (~eneral .Tndieiar.r Committee on tlw hill of tlw Senate to establish a Board of Dental Examiners, ]ll'{'serihP its powers, et<'.

The committee report<'{l in favor of it;; pa:-:sa~<', hy snlr stitute.

)Ir. Carter propo:-:<(l to Hlll<'JHl th<' snhstitnt<', ln strikiug out seetion 113.

On the (Jll<'stiou of 1Hloptin~ t.l1i;; Hlii<'IHllll<'llt the ayPs llHd nays were rPeor<l<'<L

Tliose voting in the affirmative were :Messrs. -

Allen, Blalock, Brooke, Carte1, Castleberry, Cook,

Everett, Flewellen, Geiger, Goldin, nray, Ham,

Hudson, Kemp, Redwine, Sheffield. Stewart, 27th, Witcher.

Those voting in the negative were :Messrs.-

Atkinson, Comas, Culver, Dunwody, <Tolightly, Hopkins, Kilpatrick,
~2 s

::\Iann, :\IeFarland,
~hropshire,
Starr, Stewart, 34th, Strother, Thomson,

Tnnur,
Yan Buren, Walker, 18th, Walker, 40th,
'v est.moreland,
Wilcox .

338

JoUKNAL OF TilE SENATE.

Those not voting were }[essrs.-

Battle, Brinson,

Flynt, Stevens,

Wooten. l\Ir. President.

Ayes 18. Nays 20. Not yoting 6.

So the amendment "as not adopted.

The question recurred on the adoption of the substitute reported by the committee.

The substitute was adopted.

The report \Yas agreed to.

The bill was read the third time, and on the passage of the same, as amende<.l by substitute, the ayes aml nays were reconled.

Those voting in the affirmative were l\fessrs.-

Atkinson, Comas, Cook, Culver, Inmwody, Flewellen, Golightly,

Gray,
Hopkin~,
Klpatrick, l\icFarland, Redwine, Shropshire,

Stevene, Strother, Thomson, Turnt?-r, Yan Buren, 'Vest moreland.

Those voting in the negatiYe were :Messrs.-

Allen, Blalock, Brooke, Carter, Castleberry, Everett, Geiger,

Goldin, Ham, Hndeon, Kemp, .:ITann, Sheffield, Starr,

StPwart, ::!lth, Stewart, 3-!th, Walker, 18th, Walker, -!Oth, \VilP.OX, Witcher.

Those not voting were ::\Iessrs.-

Battle, Brinson,

Flynt, 'Vooten,

l\Ir. President.

Ayes 19. Xays 20. Kot yoting 5.

WEDNESDAY, DECE:\IBER 9, 1896.

339

Before the announcement of the Yote ::\Ir. Kilpatrick mowd to table the bill.

On this proposition the ayes and nays were recorded.

Those who Yoted in the affirmatiYe were ::\Iessrs.-

Atkinson, Comas, Cook, Culver, Dunwody, Flewellen, Golightly,

Gray, Hopkins, Kilpatrick, l\I cFarland, Redwine, Shropshire, Stevens,

Thomson, Turner, Yan Buren, 'Vestmoreland, Witcher, l\Ir. President.

Those '''ho Yoted in the negative were :Messrs.-

Allen, Blalock, Brooke, Carter, Castleberry, Everett, Geiger,

Goldin, Ham, Hudson, Kemp, .l\Iann, f'heffield,

Starr, Stewart, 2itb, Stewart, 3-!tb, 'Valker, 18th, Walker, 40th, Wilcox.

Those not voting were :MesE!rs.-

Battle, Brinson,

Flynt, Strother,

Wooten.

Ayes 20. NaY'> 19. Xot \'oting 5.

So the motion to table the bill preYailed.
::\Ir. Berner, the Prc~ident, (by request) introduced the following bill, which was read the first time, and referred to the General Jmliciary Committee, to wit:

A bill to p:iYe parties in all City Courts in this State, stablished upon the reeommenclation of gTand juries, under and b:- Yirtue of acts of the General Assembly, approYed October 10, 1801, and published on page 96 of the Acts of 1891, and an act apprond December 23, 18D2,

3-!0

Jouu~AL OF TUE SENATE.

on aml published pa~e 107 of the .:\<-ts of 1:-IH:2, the right
of app<>al to the Superior ( 'onrt.

The Senate, haYin~ 1lispot:P1l of all busine:::s on the de>~-;k of the Seeretary, adjonrncd, on motion, to 10 o'eloek a.m. to-morrow.

Sc>nate Chamber, Atlanta, Georgia, Thmsdn.", De<'ember 10, 18Uu, 10 O'eloek a.m.
The Senat( mPt pursuant to alljonrmuent, and was ealled tc onler b~ the Prc>sident.

Praye>r was offerPd by th' Chaplain.

On the <'all of the roll, tlw following Scnator,.; answered to tlu:>ir name>,;:

Allen, Atkinson, Battle, Blalock, Brooke, Carter, Castleberry, Comas, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, Redwine, Sheffield, Shropshire,

Starr, Stevens, Stewart, 21th, Stewart, 34th, Strother, Tnrner, Yan Buren, Walker, l81h, Walker, -lOth, Wilcox, Witcher, \footen, l\ir. President.

Those absent were :Messrs.-

Brinson, Cook,

::\IcFarland, Thomson,

"'est moreland.

::\Ir. Yan Buren, ( 'hairman of the Committee on .Journals, reported the J onrn_al eorre<'t.

It. was the>n rea1l and confirnw<l by the Senate.

THURSDAY, DECEMBER 10, 1896.

341

:Mr. "~alker, of the Eighteenth District, gaYe notice of a motion to reconsider the bill of the Senate to amend section 2385 of the Code of 1882, in relation to processioning lands, and on his motion, the proposition was, by general eonsent, made the special order for )Ionday next, inunediately after the reading of the Journal.

By resolution of :Jir. Stewart, of the Thirty-fourth District, Hon. J. L. Smyzer, of LouisYille, was inYited to a seat in the Senate.
By resolution of lir. Berner, Capt. \Y. E. Sanders, of Monroe county, was inYited to a seat in the Senate.
The following message was received from the House through lfr. Hardin, the Clerk thereof:

JU1. P1esidcnt:

The House has passed the following House bills, by the requisite constitutional majority, to wit:

A bill to eet apart half the day of Saturday as a legal half holiday.
Also, a bill to regulate the practice m the Supreme Court.
Also, a bill to amend the charter of the town of Boston.
Also, a bill to incorporate the town of 'Baldwin, in the eounties of Banks and Habersham.

The House has also concurred in tke Senate amendments to the following House bill, to wit:
A bill to incorporate the town of Plains.

342

JOURNAL OF THE SENATE.

Also, a bill to prescribe who are qualified voters in the village of Summerville.
Also, a bill to incorporate the city of Elberton.
.A.lso, a bill to proviue for the payment of costs in civil cases in eoun ty and justices' courts.
Also, a bill to provide for the registration of Yoters in the village of Summerville.
Also, a bill to reincorporate the ..Atlantic., ..Atlanta and Great \\,.estern Railway and X avigation Company.
The Honse has concmred in the following Senate resolution, to wit:

A resolution extending sympathy 'vith Cubans and requesting our RepresentatiYes in Congress to use their inrluenee in securing belligerent rights for Cuba.
)Jr. lTlewellen, Chairman of the Committee on Pensions, submitted the following report:

Jb. Presidcllt:

The Committee on Pensions have had under considera tion t.he following bill, which they direct me to report hack, with recommendation that it do pass, to wit:
House bill No. 2, to be entitled an act to authorize the appointment of a Commissioner of Pensions, to prescribe the powers and duties of such Commissioner, and for other purposes.
Respectfully submitted.
E. A. FLEWELLE~, Chairman.

THURSDAY, DECK\IBER 10, 1896..

;343

By general consent, }fr. Comas withdrew a hili to authorize the Ordinary of Appling county to issue jail bonds.

The special order of this nwrning was taken up, to wit:

The bill to abolish barrooms, etc.

}lr. Turner mowd to make this bill the special order for. \\'ednesday, the eighth day of the next session.

On this proposition the ayes and nays were ordered.

Those who voted in the affirmative were :Jiessrs.-

Allen, Atkinson, Brooke, Carter, CulvE>r, Everett., Flewellen, Flynt,

Golightly, Gray, Ham, Hopkins, Kemp, Btarr, ::;tevens,

Stewart, 2ith, Stewart, 34th, Turner, Walker, 40th, Westmoreland, Witcher, Wooten.

Those who voted in the negative were )Jessrs.-

Battle, Blalock, Castleberry, Comas, Cook, Dunwody,

Geiger, Goldin, Kilpatrick, ::uann, Redwine, Sheffield,

Shropsbirf', Strother, Van Buren, Walker, 18th, Wilcox,

Those not voting were ~Iessrs.-

Brinson, Hudson,

):[cFarland, Thomson,

Mr. President.

Ayes 22. Nays 17. Not voting 5.

So the motion prevailed, and the bill was made the special order for \Yednesday, the eighth day of the next
SCSSlOn.

344

JounNAT, oF THE SENATE.

The "bill to prohibit the sale of any intoxicating liquors, te., in less quantities than one pint, which was also a special order for this morning, was, on motion, made the sijecial order for \Yeclnesday, the eighth clay of the next St'f'sion.

The follo\\ing conmnmication was received from his }~xcellency, the Governor, through his Secretary, ~lr. \Vanen, 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 sesswn.

J.Ir. Shropshire, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Prcsid('llf:

The Special Judiciary Committee have had uncle!_ consideration the following bills, which they direct me to report back to the Senate, with the recommendation that the same do pass, to wit:

A bill to be entitled an act to change the time of holding the Superior Courts of Burke county, and for other purposes.

Also, House bill No. 209, a bill to be entitled an act to authorize and empower the town of Royston in the county of Franklin, to issue and sell bonds for the purpose of erecting public school buildings, to provide for the levy of a tax upon the property of said town, to meet the principal and

THURSDAY, DECEMBER 10, 1896.

345

interest on said bonds as they become due, and for other purposes.

Also, House bill X o. 60, a bill to be entitled an act to abolish the City Court of Elbert county;transfer the pending cases therein and all unfinished business, etc., thereof, to the Cit~' Court of Elberton, and for other purposes.

The committee haYe had under consideration the following bills, which they direct me to report back to the Senate, with the recommendation that the same do pass, as amended, to wit:

A bill to be entitled an act to establish the City Court of 13axley, in Appling county, and for other purposes.

Also, a bill to be entitled an act to repeal an act to fix the compensation of the County Treasurer of :Meriwether eonnty, and to JWOYide for the compensation of the County Treasurer of J[erhYether county, and for other purposes.

Also, House bill No. 59, a bill to be entitled an act to establish a City Court in the City of Elberton, and for other purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

Mr. Starr, Chairman of the Committee on Education, submitted the following report:
Jlr. President:
Your committee have had under consideration the following Dills, which they instruct me to report back, with the recommendation as follows, to wit:

346

JOURNAL OF TilE DE;s"ATB.

A bill to be entitled an act to authorize the GoYernor to appoint a School Book Board, and for other purposes.

That the author of this bill be allowed to withdraw same.

Also, a bill to be entitled an act to pay the county school commissioners of the State of Georgia a fixed salary of not less than $100, nor more than $1,200.

That this bill do not pass.

Also, a bill to prescribe and define a scholastic month.

That this bill do pass.

Respectfully submitted. 0. N. STARR, Chairman.

)Ir. Shropshire, Chairman pro tem. of the Committee on General Judiciary, submitted the following report:

J/r. President:
The General Judiciary Committee han. had under consideration the following Honse bill, which they direct me to report, with recommendation that the same do pass, by substitute:
A bill to be entitled an act to amend section 1 of an act approved December 1, 1886, entitled an act to prescribe and define the powers of Commissioners of Pilotage.

They direct me to report the following bill, with request that it be read the second time and recommitted:

A bill to be entitled aJI. act to amend an act providing

for the reg-istration of Yoters in this State.

..

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman pro tern.

THURSDAY, DECDIBER 10, 1896.

3-!7

~Ir. Hopkins, Chairman of the Committe on Relief of the Supreme Court, submitted the following report:

J/r. Prcsidulf:

The Committee for Relief of the Supreme Court have had uiHler consideration Senate bill X o. 62, by ~Ir. Berner, of the Twenty-second District, entitled a bill to provide for a clerk for the Supreme Court Reporter, etc., and haYe instructed me to report the same to the Senate, with the request that it be read the second time and recommitted to this committee.
Respectfully suhmi tteli. H. \Y. HOPKIXS, Chairmal'1.
~Ir. Hopkins, Chairman of the Committee for the Relief of the Supreme Court, submitted the following report:
Jfr. Presideut:
The Committee for Relief of the Supreme Court haYe had under consideration Home bill X o. 33, by ~Ir. Boynton of Spalding, entitled a bill to prescribe regulations for conducting the business of the Supreme Court on and after the 1st clay of Januar;-, 18Di, etc., and haYe instructed me to report the same to the Senate, with the recommendation that the same do pass.
Respectfully submitted. H. W. HOPKIXS, Chairman.
~Ir. Stevens, of the Elennth District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Yolll' Committee on Appropriations haYe had under con-

348

JOURNAL OF TilE SENATE.

sideration the following House resolution, which they instruct me to report back to the Senate, with the recommendation that the same do pass, as amenJ.ed:

A resolution to pay a pension to the widows or minor children of certain deceased Confederate veterans.
Respectfully submitted.
0. B. STEYEXS, Chairman.
:Mr. Comas, Chairman of the Committee on Deaf and Dumb Asylum, submitted the following report:

liJr. President:

The Committee on Deaf and Dumb Asylum haYe had under consideration the following House bill, which they direct me to report, with recommenJ.ation that the same do pass:

A bill to be entitled an act to prescibe the terms of admission into the Georgia School for the Deaf.

Respectfully submitted. . P. H. COliAS, Chairman.

Mr. \Valker, of the Fortieth District, Chairman pro tem. of the Enrolling Committee, submitted the following report:
.Mr. President:
The Enrolling Committee haYe examined the following bills, which they direct me to report as properly enrolled and ready for the signatures of the President and Secretary of the Senate:

THURSDAY, DECE)IBER 10, 1896.

349

..:\. bill t(J be entitlPd an ad. to amend an aet approYed September :21, j:...;:...;j, teo fix tlw time for adjournment of Superior and City ( 'onrt,:.
A bill to he <ntitled an act to amend the charter of the Georgia Empire }Intnal Insurance Company.

Also; a bill to he entitle<l an ad to proteet the State and counties thereof when pn bli< \\ork is let ont by bidding.

Also, a hill to he <ntitbl an ad to amend an act entitled an aet to inl'orporat< ~lw Finanee Banking ( 'ompany, of Atlanta, neorgia, apprOYP<l X onmher 1:3, 18Rn.

Also, a hill to he entitlt<l au ad. to amellll an act to establish a sy~t.Pm of pnbli< ,.:diOo],: in the town of Hoswell.

Also, a hill to e,;;tahli;;h a sy:<tem of pnh1ie :>ehool:5 for the <'ity of ::\Ionltrir.

Also, a joint rc>,:o}ntion to appropriat< fifty 1lollars to the Atlanta Eleetri<' Haih,a~ Company.

Also, a resolution to pay }In>. H. 1. Hardeman, for the
r. year 1S!IH, thC' JlPr diPIll of Hem. H. Harcleman .

.Also, to pay the pPr diem aJHl thl' l'lerk of the joint Committee on PPnit<ntiary, appointP<l nnrlpr a n;;olntion of the (~pmral A,-spmhly, approYed December, 1S!I5.

Also, a hill to be <ntitkd an al't. to amend an aet t(J regulate tlw lm:;ine~,; of Building au1l Lmm ~\,;sociatimls.

;r. Y. 'L\LKER Chairman protem.

3fi0

JOURNAL OF THE SENATE.

The following message was reeeiwd from the House through ).Ir. Hardin, the Clf'rk thereof:
ilb. P1esident;
The House has passed the fo11owing House bills, by the requisite constitutional maj orit~, to \rit:
A bill to prohibit the poisoning of any spring, "ell, or reserYoir of water, and prescribe punishment for same.
Also, a bill to define the liahility of receiYcrs, trustees, assignees, and other like officers.

The bill of the House to amend section 1656 of the Code of 1882, so as tn make women eligible to the offire of State' :Librarian, and for other purpo>'e:>.

The same was a special order for this morning, and was reported, with amendment:>, whieh were adopted, and the report was agreed to.
The bill was read the third time' and passed, as amended,
a~es :w, nays 5.
On motion of :Jlr. Shropshire, this bill was ordered to be immediately transmitted to the House.
}fr. Battle, Chairman of the General Jucliei~wy Committee, submitted the follmYinp: report:

J! 1. Pn8ido1t:
The Committee on Oeneral .T ndieiary haw had under
consideration the follm,ing Senate bill, whiPh they direct me to report, with request that the' ,-:ame he rPad the secoml time and recommitted to the General Jnclieiary Committee:

THURSDAY, DECEMBER 10, 1896.

351

A bill to be entitled an act to giYe parties in all city <onrts in this State, established upon the recommendation of grand juries under and b;v Yirtue of acts of the General Assembly approYed Oetoher 19, 1891, the right of appeal to the Superior Court.

Respectfully submitted. C. E. BATTLE, Chairman.

This bill was read the second time, and recommitted.

The Senate, on motion, went into executiYe session, and returned again to open scs._;;;ion.

)Ir. Atkinson, by general consent, introduced a hill to preYent hunting with dogs, firearms, and other implement;; in or through the lands of another in counties where t1~e stock law, as embodied in sections 1449, 1450, 1451, 152, 153 and 1+:>, of thi." Code of 1882, etc., which was J'ead the first timP aml rpferretl to the Committee on the Special ,1mlicimy.

)Ir. Berner offered a resolution authorizing the Secre-
tary to corre<t certain elerical errors in bill of the Senate
X o. 27, whieh was read and agreed to.

The following bills of the Honse were read the first time nnd referred as imlieated, to wit :

A bill to regnlat{' the praeticc in the Supreme Court in <>ertain cases.

Heferred to Committee on Helie of the Supreme Court.

Also, a bill to amend the charter of the town of Boston, iH Thomas county.

Referred to the Special Judiciary Committee.

352

J OUltNAL OF TilE SENATE.

A bill to incorporate the town of Baldwin, in the counties of Banks and Habersham.

Hefcrred to the Committee on Corporations.

A bill to pr_ohibit the poisoning of any spring, well, 01 resenoir .of water, to proYide a penalty, etc.

Heferred to the ( 'onnnittec on Hygiene.

Al:-1o, a hill toset apart half thP day of Satnnlay in eaeh week as a legal holiday.
Hefcrr<'d to the Ueneral Judiciary Committee.

Also, a hill to defin<' the liability of ret'einrs, tnJstePs, n~~ig-mPs, et<-., and for otlwr purposes.

Hcferred to the ('omm.ittec on Hailroads.

The Senate took np the report of the General .Jndiciary ( 'onnnittee on the hill of th<' S<'nate to proYid<' for the transfer of eorporate stoek, when use1l a,; eollatt>ral seeurity, aml to proYide for the protPetion of the hohlei'l< thereof.

The eommitt('e reporte1l in fayor of its pas:-1agc, h.' snb~tit.nte, which wa,; a1loptt.>d, aiHl the rPport "a~ agreed to.

The bill \Yas r<'all tlw third tim<' an<l pas:wd. ns amended, ly ;:nbstitut<', ayes ~7, nays 0.

Tlw Se>natP tonk np the rrport of the C'mmuittce 011 Pnhlie Hoads on the bill of th<' S<nat.e to pro,ill<' for estahli;:hing pnhlit' road::;, and for otlwr pnrposes.

Thl' rPport was agreP1l to.
The bill \Ya;: read tll<' third tiuw and pa,.:spd, ayes ~G, uays 1.

THURSDAY, DECE.:IIBER 10, 1896.

353

The Senate took up the report of the Committee on Corporations on the bill of the Senate to repeal an act to establish a County Court in and for the county of Appling, arr proved December 13, 1893.

The report was agreed to.

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

The Senate took up the report of the Committee on Corporations on the bill of the Senate to authorize the Ordinaries of the counties of Appling, \Vayne and Pierce to organize chain-gangs of the misdemeanor convicts and work them on the public roads.

The committee reported in favor of its passage, by substitute, which was adopted.

The -report ;vas agTeed to.

The bill was read the third time and passed, as amended, by substitute, ayes 28, nays 0.

Proof of legal notice in the last two bills was submitted to the Senate.

11Ir. Golightly, Chairman of the Corporations Committee, submitted the following report:

J!T. P1csidcnt:

The Corporations Committee have had under consideration the follow-ing House bill, which they direct me to report, with recommendation that the same do pass, as amended:

23s

354

Juutt~AL oF THE SENATE.

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

Respectfully submitted.

J. F. GOLIGHrr:LY, Chairman.

The following bills of the House were taken up, under reports of committees; the reports were agreed to; the bills were read the third time, and passed, by the Yotes seYerally iudicated, to wit:
A bill to proYide additional compensation for the Sheriff of the Supreme Comi, and the manner in which he shall be paid.

Ayes 23, nays 0.

Also, a bill to appropriate the proceeds from the hire of misdemeanor conYicts, in the X mihern Judicial Circuit, to the payment of costs accruing to officers, approYed October 15, 1887, so as to exempt wilkes county from the provisions of that act.

Proof of legal notice was submitted.

Ayes 27, nays 0.

Also, a bill to authorize the Superior and City Courts of this State to be held at other place or places than their respectiYe court-houses, etc.

The report was agreed to.

The bill was read the third time and passed, ayes 24,
nays 0.

Also, a bill to repeal an act approYecl February 28, 1876, proYiding that the insolwnt costs of the Solicitor, men-

THURSDAY, DECEMBER 10, 1896.

355

-tioned in said amendatory act, shall be paid from funds realized from hiring out convicts of said County Court in \Yilkes county.

Proof of publication was submitted.

The report was agreed to.

Ayes 24, nays 0.

Also, a bill to incorporate the town of Y atesYille, in Upson county.

Proof of publication was submitted.

Ayes 24, nays 0.

Also, a bill to enlarge the corporate limits of the city of Albany.

Ayes 24, nays 0.

Proof of publication was submitted.

The Senate took up the report of the Committee on General J ucliciary on the bill of the House to amend an act for the protection of game.

The committee reported in fayor of its passage, by substitute.

On motion of :Jir. Hopkins, the substitute was amended as follows:

1...\mend section 1 of the substitute by striking the word "first," in the fifteenth line, and inse1iing the word "'fifteenth."

2 . .:\mend section 1 of the substitute by striking the

356

JOUltNAL OF 'l'l!E S~iNATE.

word "fifteenth," in the twenty-fourth line, and inserting instead .the word "first," and striking the word "August," in the same line, and inserting the word "September."

3. Amend section 1 of the substitute by striking out the word "snipe," from the seYenth line thereof.

The substitute, as amended, was adopted.

The report of the committee was agTeed to.

The bill was read the third time and passed, as amended, by substitute, ayes 24, nays 0.

The Senate took up the report of the Committee on Corporations on the bill of the House to amend the charter of the city of :Macon, and for other purposes.
The committee reported in favor of its passag!'l, with amendments, which were adopted.
Proof of publication was submitted.

The report was agreed to.

The bill was read the third time and passed, as amended, ayes 23, nays 0.

On motion of l\fr. Berner, this bill was ordered to he immediately transmitted to the House.

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

Jlr. President:
Your committee have had under consideration the following bill, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted, to wit:

o, THURSDAY, DEC'El\IBER 1 1896.

357

A bill to be entitled an act to amend the chart.er of the Atlanta and \Vest Point Hailroad Company, and for other purposes.
Respectfully submitted.
J. :F. GOLIGHTLY, Chairman.

:i\Ir. \Valker, of the Eighteenth District, was granted leave of absence for Satttrday next.

The following minority report was submitted:

Jfr. Preside-nt:
The Committee on Railroads having had under consideration Senate bill No. 26, to be entitled an act to enlarg;e the powers of the Hailroad Commissioners of Georgia, so as to require Railroads to receiYe, receipt for, and deliver cars and freights, and to prewnt discrimination, and for -other purposes, and having reported the same back to the "Senate, with the recommendation that the same do pass, we, the undersigned, members of the Committee on Railroads, being dissatisfied with the report of said committee, beg leayc to submit this their minority report, with the recommendation. that said bill do not pass.

Respectfully submitted.

C. E. BATTI..E,
E. A. FLK\YELLEN, PHIL COOK, J. A. STE\YART.

)fr. Brooke, Chairman pro tem. of the Committee on "Engrossing; submitted the following report:

Jl r. Pres-ident: Y0ur committee have examined the following Senate

358

JOURNAL OF TlJI~ f:5l'="~n:.

bill, and find it properly engrossed and ready to be tra!!~ mitted to the House of Representatives, to wit:
A bill to be entitled an act to amend the charter of Baxley, and provide a free school system therefor, and for other purposes.
Respectfully submitted. J. P. BROOKE, Ohairmau pro tern.

The bill of the Senate to amend the charter of the Atlanta and \Vest Point Railroad Ooinpany was read the second time and recommitted.

The following bills of the House were read the second

time and recommitted, to wit:

-

A bill to amend an act to proYide for the registration of voters in this State, etc.

Also, a bill to authorize the appointment of a CommiS; sioner of Pensions, etc.

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

A bill to establish a Cit.y Court in the city of Elberton.

A bill to amend section 1 of an act approved December 1, 1886, to prescribe and define the powers of Commissioners of Pilotage, etc., and for other purposes.

Also, a bill to authorize the town of Royston, in Franklin county, to sell bonds, etc.

Also, a bill to abolish the City Court of Elbert county,. etc.
The Senate, on motion, adjourned until 10 o'clock a.m_ to-morrow.

FRIDAY, DEQEliiBER 11, 1896.

359

Senate Chamber, Atlanta, Georgia, Friday, December 11, 18!!6, 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 motion, the roll-call was dispensed with.

:Mr. \Yalker, of the Fortieth District, reported the JourHal correct.

It was then read and confirmed hy the Senate.

1h. '\Valker, Chairman pro tem. of the Committee on Enrollment, submitted the following report:
Jlr. President:

The Committee on Enrollment haYe had under considel'ation the following acts, which they report duly enrolled and ready for the signatures of the President and Secretary of the Senate, to wit:

An act to re-enact an act entitled an act to incorporate the Atlantic, Atlanta and Great \\~estern Railroad and Navigation Company, approved September 22, 1887, and to validate the acts and deeds done under and in pursuance of said original act.

Also, an act entitled an act to change the time of holding the fall term of Pike Superior Court, and for other purposes.

Also, an. act to change the time of holding 1IcDuffi.e Superior Court, and for other purposes.

360

JoUit:"AL OF TilE SENATE.

Also, an act to appropriate the sum of twelve hundred dollars, to be used in furnishing additional rooms for the accommodation of the Justices and officers of the Supreme Comi..

Also, an act to a'ppropriate twenty-five hnnchecl dollars to mee.t a deficit incurre<l by the Board of Trustees for the Georgia School for the Deaf, for the year emling September 30, 1896, by reason of a large increase in the number of pupils.
Respectfully submitted.
J. Y. \Y.ALKER, Chairman pro tem.

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

Mr. President:
The Honse has passed the following House bill, by the requisite constitutional majority:
A bill to create a Board of Commissioners of Hoads and Revenues for the county of DeKalb.

The House has also adopted the following joint l;esolution, in which the concurrence of the Senate is asked, to wit:
A resolution to pay a Doorkeeper of the Honse.
The House has concurred in the Senate amendment to House amendment to the following House bill, as follows:

A bill to amend section 1288 of the Code of 1882, pro viding for the payment of managers of elections.

FRIDAY, DECE)fBER 11, 1896.

361

L nder suspension of the rules", on motion of )fr. \Yitcher, the Senate took up the report of the Special Judiciary ComJ~Jittee, on the bill of the House to establish a city court in the city of Elberton, etc.

Proof of legal notice was submitted.

The committee reported in favor of its passage, with amendments, which were adw)ted.

The report was agreed to.

The bill was read the third time and passed, as amended., ayes 25, nays 0.

The Senate took up the report of the Special Judiciary Committee on the hill of the House to abolish the city <ourt of Elberton, etc.

Proof of publication was submitted.

The report was agreed to.

The bill was read the third time and passed, ayes 23, nays 0.

)fr. Battle, Chairman of the General Judiciary Committee, submitted the following report:

Jlr.Prcsidcnt:

The General Judiciary Committee have had under consideration the following bill of the Senate, and direct me to report the same, with recommendation that it do pass:

A bill to be entitled an act to give parties in all city <>onrts in this State, established upon the recommendation of grand juries, under and by virtue of ac-ts of the General

362

J OUlt~AL OF 'fill~ SENATE.

Assembly approved October 19, 1891, and published on page 96 of the Acts of 1891, and an act approved Decemhe-r 23, 1892, and published on page 10i of the acts of 1892, the right of appeal to the Superior Court.

They direct me to report the following bills, with recommendation that they do pass, as amended:

A bill to he entitled an act to authorize the recording of bonds for title to real estate. 'fl

They direct me to report the following bills, with recommendation that the same do not pass:

A bill to be entitled an act to require claimants of reai estate levied on under C!Xecution, or seized nnder other legal process, to file with the claim affidaYit and damage bond an abstract of the title upon 'which said claimants rely, and for other purposes.

Also, a bill to set apart half the day of Saturday of each week as a legal holiday, to be known as "Saturday half
holiday.~'

They direct me to report the following bills, ~with request that they be read the second time, aml recommitted.

A bill to allow land condemned for public road purposes, to provide payment therefor, and for other purposes.

Also, a bill to he entitled an act to authorize solvent Guarantee Companies and }'idelity Companies and Fidelity Deposit Companies to become surety upon attachment bonds, and upon the bonds of city, county and State officers.
Also, a bill to be entitled an act to amend an act entitled an act to provide_for the registration of voters in this State, and for other purposes.

FRIDAY, DECEl\IBER 11, 1896.

36~.

Also, a bill to be entitled an act tQ provide for enforcing the rights of a trustee in a deed to real property.

Respectfully submitted. C. E. BATTLE, Chairman.

Mr. Dunwody, by general consent, introduced a bill to alter and an1end an act to provide for the establishment and government of a State X aval Militia, and for other purposes, etc.

This bill was read the first time, and referred to the Committee on :Military Affairs.

By general consent, :i\fr. Turner introduced a hill, which was read the first time and referred to the General Judiciary Committee, to wit:

A bill to amend an act approved December 17, 1894, entitled an act to provide for the registration of voters in this State, and for other purposes.

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

M1. President:
Your committee have had under consideration the following hill, which they instruct me to report back, with the recommendation that the same be read the second time and recommitted to the Coinmittee on Hailroads, to wit:

A bill to be entitled an act to fix and define the liability of receivers, trustees, and other like officers, operating railroads in this State, approYed December 16, 1895, and for (\ther purposes.
Respectfully submitted. J. D. KILPATRICK, Chainnan.

.:364

JouttSAL oF TILE SEsATE .

.:\Ir. Stewart, of the Thirty-fourth District, Chairman of Committee on Banks, submitted the following report:

Jfr. PTesideut:

Your committee have had under consideration the following bills, which they instruct me to report back, with recommendation as follows, to wit:

A bill to be entitled an act to provide for the uniform amendment of bank charters.
That this hill do pass.

Also, a bill to be entitled an act to amend the charter of the Commercial Bank of Albany.
That this bill do pass, as amended. Respectfully submitted.
T. D. STEWART, Chairman.

:Mr. Golightly, of the Thirty-sixth District, Chairman of the Committee on Corporations, submitted the following report:

Mr. P1esident:
Your Committee on Corporations have had under consideration the following Senate bill, which they recommend do pass:

A bill to be entitled an act to amend the charter of the Atlanta aml \Yest Point Railroad Company.
Respectfully submitted.
J. F. GOLIGHTLY, Chairman.

FRIDAY, DECEMBER 11, 1896.

365

:Mr. Starr, Chairman of Committee on Education, submitted the following report:

Mr. P.rcsident:
Your committee have had under consideration the following resolution, which they instruct me to report back, with the recommendation that the same be concurred in~ to wit:

A resolution providing for the appointment of a committee to examine and report upon amounts received by the lTniversity from the federal government.
Respectfully submitted.
0. N. STARR, Chairman.

Under a suspension of the rules, the Senate took up the report of the Special Judiciary Committee on the bill of the Honse to authorize the town of Royston, in Franklin county, to issue bonds, etc., and for other purposes.
Proof of publication was submitted.
The report was agTeed to.
The bill was read the third time and passed, ayes 25, nays 0.

Under a suspension of t.he rules, the Senate took up the report of the General Judiciary Committee on the bill of the House to amend section 1 of an act approved December 1, 1886, entitled an act to prescribe and define the powers of Commissioners of Pilotage for the ports of this State, etc.

.'366

JOURNAL OF THE SENATE .

The comlllittee reported in favor of its passage, by substitute, which was adopted and the report agreed to.
The bill was read the third time and passed, as amended, by substitute, ayes 23, nays 0.
l\lr. Shropshire, Chairman of the Special Judiciary Committee, snbmitted the following report:
Jlr. Presidcut:
Your committee haYe had under consideration the fol lowing bill, which they instruct me to report back, with the recomlllendation that the same be read a second time and be recommitted to the Special Judiciary Committee, to wit:
A bill to be entitled an act to create a Commissioner of Roads and HeYenues for Jackson county, and for other pur l)Oses.
Res!Jectfnll.Y submitted.
\YESLEY SHHOPSHIRE, Chairman.

The following bills of the House were read the first time and referred, as indicated, to wit:
A bill to create a Board of Commissioners of Roads and. Revenues for the county of DeKalb, and for other purposes.
Referred to the Special Judiciary Committee.
Also, a resolution to pay the Doorkeeper of the House. Referred to the Committee on Appropriations. On motion of .Mr. Dnnwocly, the bill to amend the law

FRIDAY, DECE)lBER 11, 1896.

367

of pilotage was ordered to be immediately transmitted to the House.

:Jir. Battle, Chairman of the General Judiciary Committee, snbmitted the following report:

Jl r. President:
The General J ncliciar: Committee ha.-e had nuder consideration the following Senate bills, which they direct me to report back, with the recommendation that the same be read a second time, and recommitted to the General Judiciary Committee, to wit:

An act to repeal an art to establish courts m counties haYing a population of 15,000 or more, etc.

.Also, an act to establish the city court of Jefferson, and in the county of Ja<"kson, ck.
Hespedfull:y submitted. C. E. D.\TTLE, Chairman.

The Senate took up tl1e repmi of the General Judiciary Committee on the reconsidered bill of the House to authorize the recording o bonds for title::; to real estate.

The eouunittcc reported in fa.-or of its passage, "ith an
amendment, which "as adopted, and the report was agreed to.

The hill "as read the third time, and, on motion of :Jir. Oolightl:, \ras laid on the table.

)lr. Dnnwody, Chairman of the Committee on :Jiilitar:y, snbmittPcl the follo1Ying report:

Jfr. President: Your committee han' had under consideration tlw fol-

368

JOURNAL OF THE SENATE.

lowing bill, which they instruct me to report back, with the recommendation that same be read the second time and recommitted to Committee on 1Iilitary, to wit:

A bill to Le entitled an act to alter and amend an act entitled an act to pro,,ide for the establishment ~d gonrnment of a State Xaya] ~Iilitia, aml for other purposes.
Hespectfnlly submitted.
HEXRY F. DD.X WODY, Chairman.

The Senate took np the report of the General J ndiciary Committee on the bill of the Senate to provide for the right of appeals to the Snpreme Court from city courts established under recommendation of the grand juries.
The report was agreed to.
The bill was read the third time and passed, ayes 2!.l, nays 0.
The bill of the Honse to create a Board of Commissioners of Roads and Revenues for the county of JJeKalb was transferred from the Special Judiciary Committee to the General Judiciary Committee.
The following message was received from the House through J'llr. Hardin, the Clerk therP-of:

Jir. President:
The House has adopted the following resolution, m which the concurrence of the Senate is asked:
A resolution petitioning the President of the U nitec1 States to suspend the sentences of revenue violators.

FRIDAY, DECEIIIBER 11, 1896.

;369

~Ir. ( ;o]ig-htly, (']wimwn of the Committee on Corporation~, sulnuitttd the fullo\\ing report:

.1/r. Prc8idcnt:

om connnittl'<' han had under eon:;ideration the following- Honse hill, \diilh thl'." in::;tnwt lilt' to report hack, with the relomiilt'IHlation 1hat the same llo pa,:.,;, to ,,it:

~\_ hill to hP entitlel an aet to imorporate tll(' eit.Y of nalllwin, in the ('mmtie,.; of Bank:o ancl Habersham, aml fm other pnrpo,;e,:.
He~pectfnlly ~nbmittrd.
J. F. GOLIGIITL, Chairman.

The Senate tonk up the report of the Special Judiciary Committee on the hill of the Senate to authorize the mayor and couneil of the town of ~lillcn to issue bonds, etc.

The report was agrecll tn.

The l1i1l \\'as rcall the thinl time aml passell, ayes :2-, nays 0.

The hill of the lion:-;c to ineorporate the tom1 of Balclwin, in the counties of Bank::; aml Habersham, was reall the r,eeolHl time, and pa"><ed to a third reading.

The following bills of tlw Senate were read the seeoml time, aml reemmnittell, to wit:

A bill to create a Conuuis::;ioner of Roads and ReYenues of J aekson county.

Also, a hill to repeal an act to establish city courts in
counties haYing a population of 15,000, so far as applies to the county of Jackson, etc.
24 s

~370

JOUHNAL OF THE SENATE.

Also, a bill to allow paymeut for laud condemued for puhlie roads, ek.

..:\Jso, a bill to estahlish the city eonrt of Jefferson, in the eounty of Jackson.

Abo, a bill to pro,ille a clerk for the Supreme Court Reporter, to proYille for a i<alary, aml for other purposes.

The 8enate took 11p the report of the Committee on Corporations on the hill ot the Sem1te to amend the eharter of the Atlauta and \Yei't Point Hailroall Company.

The nport was agreed to.

The hill was reml the third time, and, on motion of :Mr. Turuer, laid on the table.

LeaYe of ah-euce for to-monow was granted to :Mr. Geiger.

}fr. Shropshire, Chairman of the Speeial Judiciary Committee, :onlnnittcd the following report:

Jfr. President:

Yonr (ommittcc haYc had under consideration the following hill, which they instruct me to report back, with the recommendation that the same be read a second time and recommitted, to wit:

A Lill to be entitled an act to proYille when the stock law shall go into effect in certain loealities, and for other purposes.

Respectfully submitted.

-.,,TESLEY SHROPSHIRE, Chairman.

FRIDAY, DECE)IBER 11, 1896.

371

re- ::\Ir. Carter, of the Thirt~-first District, submitted his
ply to a re:::olntiou altopte<l on the 7th inst., relating to certain charge,:: made by him, which reply was ordered to be .spread on the Journal of the Senate.

Dn lllotion of ::\fr. 13attle, the order to spread this reply
.of ::\lr. Carter to the resolntion of the 7th of December, on the Jonrua1, was reeonsiLlered.

The following bills of the Seuate were read the second time, nml pa,-sed to a third reading, to wit:

A bill to proYide when the stock law shall go into effect, -etc. Heemnmittet1.

Also, a bill to establish the City Court of Baxley, m Appling county.

Also, a bill to chang-e the time of holding the Superior Courts of Burke county.

..:\.ho, a bill to repeal an act to fix the compensation of the County Treasurer of :Meriwether county, etc.

Also, a bill to pro\ide for the uniform amendment of bank charters.

::\lr. Strother, by general consent, withdrew a bill to authorize the Governor to appoint a School-book Board, etc.

1Ir. Ste\Yart, of the Thirty-fourth District, was granted leave of absence until ::\Ionday.
J\Ir. wooten, by general consent, introduced a bill to amend section 26Sl of the Code, relating to constructive possession of lands.
This bill was read the first time and referred to the Gen.cral J ucliciary Committee.

372

Joun~AJ. OF TilE SE~ATE.

"JI r. Herner, the President, hy g-eneral <'On>'Pnt, intrulhHell a hill to proYide for the rt'organizatiou of tlw Boanl
of Trnstees of the r ni\'('l'~ity of (;porg-ia, and to proYide
for the p)e<'tion of the :;oamP h.' the qnnlifietl Yoter::< of :-'aid State, aml for otlwr pnrpo"e,;.
Thi;; hill "as reatl the first timP, and refPn'tl to tht> <:encral ,J mlieiary Committee.

The following hill,; of the House wert> re!Hl the ,:eeoml time, aml reeommittetl, to wit:
"'~ bill to anthorize sohPnt g-narantec compnni<,:, thlPlity insurance eompanies, and fidelity hauki11g <'OlllpaBics tp become snrety upon attaelnnent bonds, and upon the bonds of eity, eo un ty and State utlieers.

Also, a hill to proYide for enforcing the rig-ht,: of a trustee in a deed, to seenre a note or notes, or other tleht owing to one or more persons, etc.

Also, a bill to amend an aet to fix aml define the liability of reeeiYers, trustees, etc., approYe<l Deeember 1li, 1HU5.
The following bills al}(l resolutions of the llou,:e were read the second time, and passed to a third reading-, to wit:
~~ bill to change the time of holding- the SnpPrior Conrt of Bnrke county.
~~!so, a bill to incorporate the town of )Iitehell, in (Hascock county.

.Ah;o, a bill to prescribe :md define a scholasti<' month.
Also, a bill to provide compensation for election manaagers and clerks in wilkes county.

SATURDAY, DECEMBER 12, 1896.

373

~\l~o. a hill to presc-ribe regulations for conducting the lmsilH'>'~ of the Supreme Court.

~\1:-n, a hill to pre~crihe the terms of admi~sion into the (;enrgia Sc-hool for the Deaf.

Al:::o, a hill to amend the chartei of the Commercial Bank, of .\1 ba11y.

~\lso, a rp:,;olnrion to pay pensions to certain "idows and minor chi!Jren.

.\lso, a resolntion to appoint a committee to examine and report U)lOll the a!liOlllltS reeeiYed by the euiYersity from the federal goYf'rnmpnt.

The ~en ate acljonrned until 10 o'clock a.m. to-morrow.

Senate Chamber, Atlanta, Georgia, SatnrLlay, December 12, 1896, 10 O'clock a.m. The Senate met pmstutnt to adjout'llment, and was ,callecl to otcler by the President.
Prayer was offered by the Chaplain.
The call of the roll was, on motion, dispensed with.
::\h. Van Buren, ehairman of the Committee on Journals, rel'ortecl the Jonmal correct. It was then read and contirllled by the Senate.
::\h. Callaway, Secretary of the GoYernor, submitted the following message:
lllr. Prcsiden t: The Go\ernot has approYe!l the follmYing act of the
General A~seml>ly, to wit:

374

JouRXAL oF TIIE SE:---ATE.

An act to amend an act to incorporate the Monroe Banking, Loan and Guamntee Company, aml for other purposes, adopted October 22, 1887, and which was afterwards amended by cltauging the uame of said bank to the "Bank of Fotsyth," approved December 4, 1895, by giving the said corporation additional powers, and for other purposes.

Senator Golightly, chairman of Committee on Corporations, suLmitted the following report:

Mr. President:
Yout committee have had under cousidemtion tlte following bill, which they instruct me to report back, with recommendation that same do pass as amended, to wit:
A bill to be entitled an act to amend the charter of city of Atlanta, and for other plll'poses.

Respectfully submitted. J. F. GOLIGHTLY, Chai rman.

Mr. Comas, of the Third District, Chairman pro tem of the Committee on Hygiene and Sanitation, submitted: the following report:
Mr. President:

Your Committee on Hygiene and Sanitation ha\e had under cousidemtion the followiug Honse bill, which. they recommend do pass:

A bill to be entitled an act to prohibit the poisoning of any spring, well or reservoir of water, to pro\ide a

SATURDAY, DECEMBER 12, 1896.

375

penalty for the Yiolation of the same, and for other purposes.

Respectfully submitted.

COMAS, Cbairman pro tem.

Mr. Golightly, Chairman of Committee on Corporations, submitted the following report:
Mr. President:
Yom committee have had under consideration the following bills, which they instrnct me to report back, with recommendation that same do pass, to wit:

A bill to be entitled an act to amend the charter of Valdosta, approved October 24, 1887, and for other purposes.
A bill to be entitled an act to alter and amend the charter of the town of Barnesville, in Pike county, and for other purposes.

Also, the followiug bill, which they recommend do not pass :

A bill to be entitled an act to provide for the election of theit clerks by the board of commissionets of roads and revenues, and for other purposes.
Hespectfnlly submitted.

J. F. GOLIGHTLY, Chairman. I\h. Stevens, of the Eleventh District, chairman of

.376

JOURNAL OF THE SENATE

the Appropriations Committee, submitted the following report:

Mr. President:
Yo111 Committee on Appropriations have had under -consideration the followiitg House resolution, which they instruct me to report favorably to the Senate:

A resolution to pay for the services of two a<ltlitional (loorkeepers of the Honse.

Respectfully submitted.

0. B. STEVENS, Chairman. l\fr. Hopkins submitted the following report:

Mr. President:
The Committee on Helief of Supreme Cotll't have had under consideration Senate bill :No. 62, by l\It. Berner of the Twenty-second, being a bill to pto,ide foi "a clerk for the Supreme Coutt RepOt'tet," etc., which they instruct me to return, with the recommendation that the same do pass as amended.

Also, House bill No. 336, by Mr. whipple of Dooly, entitled an act to regulate the JWactice in the Superior Court, etc., which I am instmcted to retul'll, with the recommendation that the same do not pass.
II. W. HOPKINS, Chairman.

A resolution from the Honse, petitioning the President of the "Cnited States to snspen(l the"scntences of revenue ,iolatot;;, was taken np, on motion of 1\Ir. \Valker of the Fortieth Distl'iet, rea<l aiHl coJH~utTc<l in.

SATURDAY, DECEMBER 12, 1896.

377

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

A bill "to amend the charter of the city of Atlanta."

A bill "to alter and amend the charter of the town of Barnesville, in Pike county."

A bill "to amend the charter of Valdosta, approved October 24, 1887," etc.

A bill ''to prohibit the poisoning of any spring, well

()L' reservoir of 'vater," and

'

A resolution "to.pay the doorkeeper of the House."

1\Ir. Battle, chaitman of the General Judiciary Committee, submitted the following report:

Mr. President:

The General Judiciary Committee have had under consideration the following Senate bills, which they diiect me to report, with recommendation that the same do pass:

A bill to be entitled an act to repeal an act to establish City Courts so far as the same applies to the county ()f Jackson.

Also, tlJe following Senate bills, which they direct me to report, with recommendation that the same pass as amended.

A bill to be entitled im act to establish tlJe City Court of .Jefferson.

378

JOURNAL OF THE SENATE.

A bill to amend au act appL'oved December 17, 189-!, entitled an act to provi1le fot the registration of voters in this State.

Also, a bill to be entitled an act to authotize solvent guarantee companies and fidelity insurance companies to become surety on certain bonus.

They direct me to report the followillg bills, with recommendation that they do not pass:-

A bill to amend section 2681 of the Code relating to constructive possession of lands.

Also, a bill to ptovide for enforcing the rights of a tmstee in a deed to real property.

They direct me to report the following bills, with request that they be read second time and recommitted.

A bill providing fot the reorganization of the Board ofTrnstees of the State University, and for other putposes.

Also, a bill to create a Board of Commissioners ot Roads and H.evenues fot DeKalb county.

Respectfully submitted.

C. E. BATTLE, Chairman.

~h. wilcox was gmnted leave of absence ftom this day's session.

The following message was received ftom the House tluough Mr. Hardin, the Cletk theteof:

SATURDAY, DECEliiBER 12, 1896.

379:

;l/r. President:
The House has passed the following Honse bill uy
the requisite constitutional majority, to wit:

A bill to make appwpriations for the onlinary expense of the State Govemment for the years 1897 and 1898, and for other purposes.

Mt. Golightly, chairman of Corporation Committee, submitted the following repott:

Mr. President:

The Committee on Corporations have had under consideration the following bill, which they llirect me toreport, with recommendation that the same do pass:

A bill amending the chart<w of Davisboro, in \V"ashington county.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

The bill of the House "amending the charter of the town of Davisboro, in the connty of \Vashington," wasread the second time and passed to a third reading.

The bill of the Senate "to amend an act approved December 17, 1894, entitled an act to pwvide for the registration of votets in this State," etc., was read the second time and passed to a third reading.

The bill of the House "to create a Board of Commissioners of Roads and Revenn~s for the county of DeKalb," etc., was read the second time and recommitte<L

380

JOURNAL OF TUE 8E~ATE.

The following bills of the Senate were read the second time and recommitted:

A bill "to ptovide for the reotganization of the Board of Tl"Ustees of the U uiversity of Geotgia, and for the election of the same by the q nalified votets of this State, and for other ptuposes," and

A bill "to alter and amend an act to pwville fot the establishment and govemment of a State Naval Militia, and for ot,her purposes."

Mr. Gray, by genetal consent, introduced a bill" to authOL"ize the Commissioner of Agticultnre to establish .a special depattment of horticulture and pomology, and fot othet purposes," which was read the fixst time and rcfened to the Committee on Agriculture.

The bill of the House "to make appropriations for the ordinary expenses of the State Govemment for the years 1897 and 1898, and fot other purposes," was tearl the fitst time and referred to the Committee on Appropriations, and one hundred copies thereof were ordered to be printed.

.Jir. Shropshire, Chairman of Special Judiciary Committee, submitted the following report:

Mr. President:
YoUL' committee have had under consideration the following Senate bills, which they instruct me to report back, with recommendation as follows, to wit:

A hiP to be entitled an act to pr~scl"ibe the time and place of filing the official bonds of county officers, and for other purposes. That this hill do not pas,;.

SATURDAY, DECE:~IBER 12, 1896.

381

A bill to be entitled an act to make women eligible to the offiee of State Libral'ian, and fot othet purposes. That inttoducet be allowed to withdraw same.

A bill to be entitled an act to preYent hunting with dogs, firearms, etc., where the stock law is in force, and for other purposes. That this bill do pass by substitute.

Also, a bill to be entitled an act to repeal an act incorporating the town of Homerville, in Clinch county, antl for other purposes. That this bill do pass as amended.
They also recommend that the following House bill do pass, to wit:

A bill to amend, revise and alter the several acts incorporating the town of Whigham, in the county of Decatur, and for other purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

The Senate took np the report of the Committee on Corporations on the bill of the House "to incorporatethe town of Baldwin, in the counties of Banks and Habersham."
The report was agteed to.
The bill was read the third time and passed; ayes 2~,. nays 0.
Proof of notice of publication was submitted.
The Senate took up the report of the Special Judi-

382

.JounNAL oF TIIE SEKATE.

ciary Committee ou the bill of the Senate "to establish a City Conrt of Baxley, in Appling county, and for other purposes." The committee reported in favor of its passage with an amendment, which was adopted, and the report was agreed to.

The bill was read the third time and passed as amended; ayes 2-!, nays 0.

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

Mr. President:
Yonr committee have examined, and find properly engrossed and ready to be tmnsmittecl to the House, the following bills, to wit:

A bill to be entitled an act to provide for the transfer of corporate stock when used and transferred as collateral security, and to provide for the protection of the holder thereof, and to provide a penalty for the violation of this act, and for other purposes.
Also, a bill to be entitled au act to authorize the Ordinary of Appling county to organize chain-gangs of the misdemeanor convicts and work them on the roads in said county, and for other purposes.

Also, a bill to be entitled an act to provide for establishing public roads, when landowners consent thereto and donate land for same, and to avoid delay and cost of advertising, and for other purposes.
Also, a bill to be entitled an act to repeal an act entitled an act to establish a County Court in and for the -county of Appling.

SATURDAY, DECK\IBER 12, 1896.

383

Also, a bill to be entitled an act to give parties in all City Courts in this State, established upon the recommendation of Grand Juries, under and by virtue of acts of the Ger,eral Assembly approved October 19, 1891, and published on page 96 of the acts of1891, and an act approved Decemuer 23, 1892, and published on page 107 of the acts of 1892, the right of appeal to the Superior Court.

Respectfully submitted.

G. }~. WESTMORELAND, Chairman.

On motiou of l\Ir. Atkinson, the bill of the Senate "to pre\ent hunting with dogs, firearms, etc., on lands of another in stock law districts," etc., was, without being read the second time, recommitted to the Special Judiciary Committee.

Mr. Shropshite was permitted to withdraw a bill "to make women eligible to the office of State Librarian."

The bill of the Senate "to repeal an act incorporating the town of Homerville, in Clinch county," etc., was read the second time and passed to a third reading.

The bill of the House "to amend, revise and alter the several acts incorporating the town of Whigham, in the county of Decatur," was read the second time and passed to a third reading.

Mr. \Vestmoreland, chairman of the Committee on Engrossing, submitted the following report:

JJfr. P1esident:

Your committee have examined, and find properly

384

JouRNAL oF THE SE:o;ATE.

engrossed and ready to be tmnsmitted to the House, the following bill, to wit:

A bill to be entitled an act to authorize the mayor nnd council of the town of Millen to issue bonds to the amount of eight thousand dollars ($8,000) for the purpose of constructing academy ot academies, and for other purposes.

Respectfully submitted.

G. F. WESTMORELAND, Chairman.

The Senate took up the report of the Special ,Judiciary Committee on the bill of the House "to incorporate the town of l\Iitchell, in the county of Glascock."
Proof of publication was submitted.
The report was agteed to.
The bill was read the third time and passed; ayes 23~ nays 0.
The Senate took up the report of the General Judiciary Committee on the bill of the House "to change the time for holding the fall term of the Superior Comt of Henry county."
The report was agreed to.
The bill was read the third time and passed; ayes 24, nays 0.
The Senate took up the report of the Special Judiciary Committee on the bill of the House "to provide

SATURDAY, DECEl\IBER 12, 1896.

385

-compensation for election managers and clerks in the ~ounty of Wilkes."

Proof of legal notice was submitted.

The report was agreed to.

The bill was read the thir<l time and passed; ayes 23, nays 0.

The bill of the Senate "to pL"Ovide for a clerk for the Supreme Court Reporter, and for other purposes," was taken up for a tl1ir<l reading under report of the Committee for the J{elief of the Supreme Court.

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

The bill was read the third time and passed as amended ; ayes 2-!, nays 0.

The Senate took up the report of the Committee on Banks ou the bill of the House "to amend the charter of the Commercial Bank of Albany."

The committee reported in favor of its passage, with an amendment which was adopted, anrl the report was agreed to.
The bill was read the third time and passed; ayes 29, naye 0.

The following bills of the House, repo1-ted favorably by committees, were read the third time and passed as indicated, to wit:
25 s

386

JOURNAL OF THE SENATE.

A bill "to authorize the appointment of a Commissioner of Pensions, to prescribe the powers and duties of such Comm-issioner, and for other purposes."

Ayes 23, nays 1.

A bill "to prescribe and define a sc~1olastic month."

Ayes 26, nays 0.

A bill "to chauge the present corporate limits of Americus," etc.

Proof of publication was submitted.

Ayes 24, nays 0.

A bill "to amend an act approved October 3, 1875, to regulate and control certain convicts in the county of Bibb, etc., and fot other purposes."

Proof of publication was submitted.

Ayes 24, ~nays 0.

A bill "to fix the bond of the Treasurer of Richmond county.

Proof of publication was submitted.

Ayes 24, nays 0.

l\Ir. Shropshire, chairman of Special Judiciaty Committee, submitted the following report:

M1'. President:

Your committee have had under considemtion the

SATURDAY, DECEM.BER 12, 1896.

38'7

following bill, which they instruct me to report back, with recommendation that same do pass, to wit:

A bill to be entitled an act to amend the charter of the town of Boston, in Thomas county, and for other purposes.

Also the following bills as amended:
A bill to be entitled an act to establish a City Colll't for the city of :Monroe, in Walton county, and for other purposes.

Also, a bill to be entitled an act to repeal an act to create a County Cout't in the county of 'Valton, and fot other purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

The Senate took up the report of the Special Judiciary Committee on the bill of the Senate "to repeal an act to fix the compensation of the County Treasurer of l\Ieriwether county, approved February 19, 1876," etc.

Proof of notice by publication was submitted.

The committee reported in favor of its passage, with an amendment which was adopted, and the report was agreed to:_
'.fhe bill was read the thitd time and passed as amended; ayes :l5, nays 0.

The Senate took np the repott of the General Judiciary Committee on the bill of the Senate "to repeal an

388

JOURNAL OF THE SENATE.

act to establish City Courts in the counties haYing a population of 15,000 or more, so far as the same applies to the county of Jackson," etc.
The report was agreed to.

The bill was read the third time and passed; ayes 24, nays 0.

A bill of the Senate "to change the time of holding the Superior Court of Banks county" was laid on the table, a Senate bill from the House pending in the Senate.
The Senate took up the report of the Committee on Banks on the bill ofthe Senate "to provide for the uniform amendment of bank charters."
The report was agreed to.
'fhe 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 Senate "to establish a City Court of Jefterson, in the city of J efl:erson, Jackson county."
Proof of publication m~s submitted.

The committee reported in fa,ror of its passage, with amendments which were adopted, and the report was agteed to.

The bill was read the third time and passed as amended; ayes 23, nays 0.

SATURDAY, DECEliBER 12, 1896.

389

The Senate took up the report of the Gene1al Judiciary Committee on the bill of the House "to authorize solvent Guarantee companies, Fidelity Iusumnce companies and Fidelity Deposit companies to become security upon attachment bonds and upon the bonds of city, county and State officers."

'l'he committee repotted in favor of its passage, with amendments which were adopted, and the report was agl'eed-to.

The bill was read the third time and passed as amended ; ayes 25, nays 0.

The Senate took up the resolution from the House "to pay a pension to the widows or minor children of certain deceased Confederate veterans."
The committee reported in favor of concuning therein, with amendments which were adopted, and the report was agreed to.

The resolution was read the thiid time, and on the c1uestion of concurrence therein, as amended, the ayes and nays we1e recotded.

Those who voted in the affirmative were :Messrs.-

Atkinson, Battle, Brinson, Castleberry, Comas, Culver, Everett, Flynt, Golightly, Gray,

Ham, Hopkins, Kemp, Kilpatrick, Mann,
~fcFarland,
Redwine, Sheffield, Shropshire,

Starr, Stewart, 27th, Strother, Turner, Van Buren, Walker, 40th, \Vestmoreland, \Vooten, Mr. President.

390

JouRNAL oF 'filE SENATE.

Those not voting were l\fessrs.-

Allen, Blalock, Brooke, Carter, Cook, Dunwody,

Flewellen, Geiger, Goldin, Hudson, Stevens,

8tewart, 34th, Thomson, Walker, 18th, Wilcox, Witcher.

Ayes 28. Nays 0. Not voting 16.

So the resolution, as ameuded, was concurred in.

Ml'. Battle offered a resolution providing fol' a committee of three from the House and two from the Senate to report. on the adjournment.

The resolution was read and agreed to.

Mr. Gmy introduced a resolution inviting the Hou. '\V. J. Bryan to visit the General Assembly of Georgia, "hich was agl'eed to unanimously by a rising Yote.

Mr. Hopkins introduced a resolution providing tlwt from and after Monday next no leave of absence shall be granted except for providential cause.

, The resolution was adopted.

On motion of Mr. Battle, the response of Mr. C:uter to a resolution adopted by the Senate on the 7th inst. was ordered to be spread on the Journal, and is as follows, to wit:

THE RESOLUTION.

Mr. President:
"On December 7th the following resolution was passed by this body :

SATURDAY, DECEMBER 12, IR96.

391

"'\Vhereas, Hetetofore, to wit, on the 2d day of December, while the bill of Senator Hopkins, seeking to so amend the Constitution as to require the electious of judges and solicitors-general by the people, was under discussion, Senator Carter, from the Thirty-first District, in discussing the bill, said in substance as follows: "Some of the men who have been elected to the office of judges of the Superior Court are a disgrace to the peopie," and did also say in substance as follows: "There are men on the bench to-day wlio are worse than the con\icts whom they sentenced to the penitentiary, and let not the Senators call on me for names, lest I give them;" and
"' \Vhereas, On the 7th day of Decem bet, Senator Darter, of the 'l'hirty-fiest District, in explaining what he said before the Senate on December 2d, in substance reiterated the charges above made, and stated that he wonhl, if called upon in tl1e proper manuer, furnish the name or names of the parties or judges he had reference to; ancl
"' vVheteas, Such charges aee a -serious reflection upon the judiciary of the State, and cause a suspicion to arise as to the integtity of each judge of the Superior Comt in the State; and
"' \Vhereas, The State cannot afford to have corrupt judges administering the laws of the State, but such judges should be intelligent and honest and free from suspicion of conu ption ; and
"' \Vhereas, It is the sense of this Senate that the charges hereinbefore made should be fully investigated; therefore, be it
"' Hesolved, That Senator Carter be and is hereby 1equested to furuish to this body, in writing, the names of the judges whom he has charged with corruption, and such evidence as he may have to sustain such

392

Joun.~AL OF Tim' SENATE.

charges, so that the Senate may take such action in the premises as it may, in its wisdom, deem proper aucl just.'
"I call your attention to my statement embodied in the above resolutions, where I declare that the names would be fumished when I was called on in a propet manner. At that time I suggested that the resolutions contain a provision for the appointment of a committecftom this holly, before which I might appear with witnesses and substantiate the charges nutde.
"One of the Senatots who iuttoduced the resolution said: 'Vie have introduced it with the utmost good faith. It is our duty to the citizens of Georgia to ascertain the facts.'
"Yet my suggestion, which provided the ouly way in which this matter could be propetly consilleretl, was not acterl upon, the resolution as passed simply requesting me to give the names and testimony in \\Titing. Under that provision the testimony wonhl necessatily he voluntary, and, though doubtless sufficient for certain cases, would not make it possible to consider this matter as thoroughly as the gentlemen who signed the resolution might wish ot the people of this State demand.
"The people want the whole truth, not a part of it. They want the commission of every unworthy senant revoked, not that of oue scapegoat.
"That this mattet be ntHlertakeu in no half-handed manner, I will give you some iusight as to tl1e probablescope of the investigation.
"Not only have the statements of Senators receiYetl no cousideration, but it is a mattet of record that statements made by a Govertwt, reflecting severely on our courts, also receives uo cousidemtiou. vVhether we are living in a purer atmosphere than two years ago, ot~ whether it is because out representatives and judges are:

SATURDAY, DECEMBER 12, 1896.

393

nearet to each other than f01merly, ot whethee it is believed that a Senatoe is mOI'e capable of fumishing evidence than a tetieing Govemor, I do not know. The people of this State must decide.
"Yet the fact remains that aftet' the reading of Go,emor N oethen's last message to the General Assembly, impugning as it did the judges and solicitoes of this State, no one was heard to cry out: 'Govemor, do you intend to reflect on my own judge?'
" Govemor N orthen says : " 'It is a question worthy of yon r consideration as to whether the common public should bear the expense for the maintenance of a criminal in the county jail, aJtee conviction, unless, because of some physical infirmity, he may be unable to bear heavier penalties undet severer and more disgmcefnl metho<ls. "<The1e are many grave objections to the alternati,e penalty impose<l by fines. ~1y candid jllllgment compels me to believe that this system would be greatly abridged. In some cases I have reason to know that penalties would not have been inflicted at all were it not for the fine to be disteibnted in final settlement. "'As the executive of the State I have been asked, time an<l again, to fix altemative penalties in tines, when the innocence of the patty was partially, if not wholly, conceded. It is dangerous to trnst tho liberties and the rights of the veople to such a powerful temptation on the part of the officets of the law. "'Again, the social conditions that exist in our State make it possible for the fines to be paid by innocent parties. 'l'his system, n-uder such policy, amounts practically, in some sense, to compounding a crime. The officees of oue courts should be paid salaries, so that they may be relieved feom the temptation to wrong-doing

394

JourtNAL OF TilE SE.-;ATE.

toward unfortunate citizens who can be convicted for a price.'
" The extracts I have just read to you are taken from Goveruor N orthen's last message to the General Assembly of this State, written when his successor was 'already elected to office; written when he had no political ax to grind; written apparently attacking a system, but with such an avowed knowledge of corruption that I must believe it was done with the hope that the body to whom it was addressed would not only correct the evils of the system, but investigate and punish those who had profited by it, and, with the evidence that he could produce,-then and there shatter.the unholy combination of judicial officials that at that time was rejoicing in its complete triumph ovet the people of this State.
"I declared that there we!'e judges \vho were worse than some of the ctiminals they had sentenced to the chain-gang. Governor Northen declared that. innocent men could be convicted for a price. Hea1 him:
"'In some cases I have reason to know (he does not say believe) that penalties would not have been inflicted at all we1e it not for the fines to be disttibuted in final settlement.'
"vVho but the judges of the State can inflict penal ties?
"He declared that innocent men were sentenced for the money that was in it for final distribution, but no man raised his voice to help this Govemor in what would have been the gl'andest act of his administration-the purging of the jndicial'y of the State.
"Senators, there are men on the bench to-day who were judges then. There were representatives in that Genera! Assembly who are Senators now.
"In conclusion, I say if yon create the machine1y

SATURDAY, DECF.:c\IBER 12, 1896.

'395

necessary for a thorough investigation of this matter; if you inaugurate an investigation th.at can embrace the whole State if necessary, I shall u0t ouly eo-operate, but take the initiative, no matter how thaukless the task may prove. There should be an investigation of these matters. They make a blot on the fair name of Georgia. Let it be iuaugurated in the pmper way and in the utmost good faith by the Legislature, and the good people of the State will lend their aid, and the work will not be a fl'llitless fiasco. I staud ou the statement made to the Senate on the 2tl. I will speci(y charges and furnish names of witnesses when it can be done in a proper manner.
"And now, Mr. President, in conclusion, I request that this be sptead upon the Joumal."

:Mr. Battle, in behalf of himself and Senators Starr, Hopkins, Ham and Kilpatrick, inti'Oduced the following resointion which was read and adopted, to wit:
"vVhereas, On the 2d day of December, 1896., Sen a- . tot Carter, of the Thitty-first District, did, on the floor of the Senate, attack the integrity of the judiciaty of the State and stated that he would furnish the names of such judges if demanded by the Senators; and
" Whereas, On the 7th day of December, 1896, Senator Carter, of the Thit-ty-first District, stated in open Senate that he would furnish the names of the judges whose integrity he had attacked with evidence to sustain such charges if C<tlled upon in the proper manner; a11d
"\Vhereas, The Senate did, on the 7th day of December, 1896, pass the following resolutions, to wit:
"'Whereas, Heretofore, to wit, on the 2d day of December, while the bill of Senator Hopkins seeking to

396

Joun;-;Ar. OF THE SEXAT8.

so amend the constitution as to requite the elections of Judges and Solicitors-Genetal by the people, was nndet discussion, Senatot Carter, from the Thirty-fitst Disttict, in discussing the bill, said in substance as follows: " Some of the men who have been elected to the office of Judges of the Superior Court ate a disgntce to the people," and did also say in substance as follows: '' Thete are men on the bench to-day who are worse than the convicts whom they sentenced to the penitentiary, and let not the Senators call on me for names lest I give them ;" and
"vVhereas, On the 7th day of December, Senator Carter, of the Thirty-first District, in explaining what he said before the Senate 011 December 2d, in substance reitemted the charges above made, and stated that he would; if called upon in the proper mannet, fnmish the 11ame or names of the parties ot judges he had refere11ce to; and
"''Vhereas, Such charges are a serious reflection upon the j udiciaty of the State and causes a snspicion to arise as to the integtity of each judge of the Superiot Court i11 the State; and
"Whereas, The State ca11not afl'ord to have corrupt judges administering the laws of the State, bnt such judges should be intelligent and honest and free from suspicion of corruption; and
"Whereas, It is the sense of this Senate that the charges hereinbefore made should be fully investigated; thetefore, be it
"Resolved, That Senator Carter be aml is hereby requested to furnish to this bo(ly in writing the names of the judges whom he has charged with conuption, and such evidence as he may have to sustain such charges,

SATURDAY, DECEMBER 12, 1896.

397

so that the Senate may take such action in the ptemises as it may, in its wisdom, deem proper and just; and
"\VI1ereas, The Senatot from the Thirty-first District, in response to the request made upon him, did, on the 11th day of December, 1896, make a statement to the Senate in writing in which he declined and refused to give the names of the guilty parties ot to furnieh the evidence oftheit guilt to the Senate unless an investigation was inaugumted for that purpose; and
"'Vhereas, It is not the province of or within the jurisdiction of the Senate to in\'estigate charges of this character in view of the fact that the Senate may ultimately Lecome the triLunal to pass upon and determine the truth of said charges; and
"vVhereas, The duty of inaugumting such aninvestigation is lodged Ly the constitution in the House of Representatives; and
" Whereas, The Senate has exhausted all methods consistent with its power ntHlet the constitution with respect to said chatges, in an effort to ascertain the names of the parties and the evidence of their guilt; therefore, be it
"Resolved by the Senate, Tbat it is the sense of the Senate that the Senator ftom the Thirty-first who claims to know the guilty parties and to possess the evidence of their guilt, should have fnmishecl the same to the Senate, and should now do so in response to the resolution passed by this body on December 7, 1896, and herein set forth, so that the same might be transmitted to the House vf Representatives whose special province it is to investigate charges of this character."
The Senate, on motion, adjourned until 3:30 o'clock p.m.

398

JOUR~AL OF TilE SENATE.

Senate Chamber, 3:30 p. m.
The Senate met pursuant to adjournment and was called to order by the President pro tem.

The L"Oil-call was, on motion, dispensed with.

'l'he Committee on Adjournment, under resolution of Mr. Battle, are Messrs. Battle, Kilpatrick and SteYens.

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

A bill to repeal an act to create a County Court for the county of vValton, etc.

A bill to establish a Uity CoUIt for the city of Momoe in the county of Walton.

Also, a bill to amend the charter of the town of Boston, in Thomas county.

The Senate took a recess for fifteen minutes, and was called to order at the expimtion of this period.

Sil'. Flewellen submitted the following report:
Jfr. President:
The Committee on Pensions has had nudet consideration the following Senate resolution, ~o. 21, and <lirects that it be reported back, with recommendation that the introducer be allowed to with<lraw the resolntion, to wit: A resolution pt"oYiding for the allowance of a pensiou to Mrs. Sarah Powers, and for other purposes.
E. A. FLEWELLEN, Uhainnan.

SA'fURDAY, DECE)IBER 12, 1896.

39!!

Permission was given the introducer of the bill mentioned in the foregoing 1eport to witbdmw the same.

Mr. Shropshire, by general consent, introduced a bill "to amend the act approved December 20, 1893, providing for the filing, hearing and determining election contests."

This bill was read the first time and referred to the General Judiciary Committee.
l\11~ Hopkins intwduced a resolution "providing for a joint session of the General Assembly on Monday next at 4 o'clock p.m., for the purpose of electing a judge of the Southwestem Circuit.

This resolution was agreed to and ordered immediately transmitted to the House.

House resolution providing for a joint committee to inquire in rega1d to Federal appropriations to the University of Georgia was ordered immediately transmitted to the House.

The resolution of the Senate inviting the Hon. W. J. Bryan to visit the General Assembly was also ordered to be transmitted to the Honse.

The follcnYing message was received from the House through Mr. Hardin, the clerk thereof:

JJr. President:
The House has concurred in the following resolutions of the Senate, to wit :

A resolution to appoint a committee of three from

400

JOIJltNAL OF TilE DENATE.

the Senate aud five from the House to investigate aJHl report when the General Assembly shall adjourn.

Also, a resolution extending au invitation to Wm. J. B1yan and a cOL'dial welcome during his Yisit to the State of Georgia.

The Senate, 011 motiou, a<ljonrned until 10 o'clock a.m., Monday next.

Senate Chamber, Atlanta, Georgia, Monday, December 14, 1896, 10 O'clo<.:l>:: it. m.
The Senate met pursuant to adjournment, tl1e President presiding.

Prayer was oftered by the chaplain.

On the call of the roll the following Senators answered to their 1~ames:

Allen, Atkinson, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Dunwody, Everett, Flewellen, Flynt, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart, :?7th, Stewart, 3-!th, Strother, Thomson, Turner, Walker, 18th. 'Valker, 40th, Westmoreland, Wilcox, Witcl;er,
'Vooten, l\'Ir. President.

Those absent were M:essrs.-

Battle,

Culver,

Van Buren.

MONDAY, DECEMBER 14, 1896.

401

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

The special order of this morning, after the reading of the Journal, to wit:

'I.'he motion of Mr. Walker, of the Eighteenth District, to reconsider a bill of the Senate "to amend section 2385 of the Code of 1882, in reference to processioning lands," etc.
The motion to reconsider was lost.

On motion of Mr. Redwine, a bill of the Senate ''to Stablish City CoUlts in cou~1ties having a population of 15,000 or more, so far as the county of Jackson is concerned," etc., was reconsidered, and, on his further motion, was laid on the table.

On motion of Mr. Redwine, the bill of the Senate "to Stablish a City Court for Jefi"erson, in Jackson county," was reconsidered and laid on the table.

Mr. Shropshire, chairman of Special Judiciary Committee, submitted the following report:

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

A bill to be entitled an act to create a commissioner
26 s

402

JouRNAL oF THE SENATE.

of roads and revenues for the county of Jaekson, and for other purposes.

Respectfully submitted.

WESLEY SHROJ?SHIRE, Chairman.

Mr. Golightly, chairman of the Committee on Corporations, submitted the following repo1t:

JJr.. President:
The Committee on Corporations have had under consideration the following House bills, which they direct me to report to the Senate, with request tl{at they be read second time and recommitted:

A bill to authOI'ize the City Council of Augusta to grant the use of the streets of the city of Augusta to any railroad company 01 corporation, by steam locomotive or other power, lougitudinally o1 otherwise.

A bill to amend the chartet of Battle Hill. Respectfully submitted.
J. F. GOLIGHTLY, Chairman.

The following message was received f1om the House through Mr. Hardin, the Clerk thereof:

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

A bill to levy and collect a tax for the support of the State goverument.

MONDAY, DECE:\fBER 14, 1896.

403

Also, a bill to incorporate the town of Rochelle.

Also, a bill to incorporate the town of Homerville.

Also, a bill to establish a sjstem of public schools in the town of Raccoon, in Ohattooga county.

Also, a bill to provide fot the payment of fees of the Clerk of the Superior Court, Sheriff, Solicitor of the County Court al!ll Justice Courts.

Also, a bill to authorize the commissioners of Chatham county to fill vacancies in their board.

Also, a bill to autl10rize the Georgia Security and Banking Company to exchange real estate for stocks, etc.

Also, a bill to amend an act to incorporate the Atlanta Loan and Trust Company.

Also, a bill to establish a City Court of Coffee county.

Also, a bill to confirm a gmnt to the tmstees of Wesley ~fonumental church, for the Methodist Episcopal church of the city of SaYannah.

The House has also adopted the following resolution, in which the concurrence of the Senate is asked, to wit:

A resolution to supply a deficiency in the contingent fu ncl.

The bill of the House "to amend the charter of Battle Hill, and for other purposes," was read the second time and recommitted.

404

JOUHNAL OF 'liE SENATE.

Mr. Turner oft"ered a resolution " that all unfinished business of the present session shall go over to thesession of 1897 and occupy the same position on the calendar as at this session."

The resolution was agreed to.
The bill of the House "to authorize the city council
of Augusta to grant the use of the streets of Augusta to any railroad company ot corporation," etc., was read the second time and recommitted.

1\Ir. Kemp introduced a resolution tendering a seat to lion. Alfted Herrington, of Emanuel county.

'l'his resolution was adopted.

Mr. Walker, of the Eighteenth Distl'ict, offeted a resolution.inviting Ron. Boykin -wright, of Augusta, to a seat in the Senate, which was adopted.

lVIr. 'Vilcox, by general consent, withdrew au act "to repeal an act incorporating the town of Hometville, m Clinch conuty."

'fhe Senate took up the report of the Spechtl Judiciary Committee on the bill of the Senate " to cteate a Commissioner of Roads and Revenues of Jackson county, 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 repott was agteed to.

MONDAY, DECE)fBER 14, 1896.

405

The bill was read the thitd time and passed as amended by substitute; a.yes 24, nays 0.

The Senate took up the report of the Committee on the General J ndiciary on the bill of the Senate " to amend an act approved Decembet '17, 1894, entitled an act to provide for the registration of voters in this State, etc., and for other purposes."

The committee reported in favot of the passage of the same with amendments, which wete adopted and the report was agreed to.

The bill was read the third time and passed as amended ; ayes 25, nays 0.

On motion of Mr. 'umer, this bill was onleted to be transmitted immediately to the House.

Mr. Stevens, chn.innan of the Appropriation Committee, submitted the following report:

Jfr. Prrsidcnt:
The Committee on Appropriations have had under consideration the following House bill which they direct me to report to the Senate, with the recommendation that it be read the second time and recommitted:

A bill to make approptiations fot the otdinary expenses of the val'ious departments of the State government.
0. B. STEVENS, Chairman.

The bill of the House " to provide for enforcing the rights of a trnstee in a deed to real estate made to secure

406

JOURNAL OF THE SENATE.

a note or notes or other debt owing to one or more persons," was taken up under adverse report of the General Judiciary Committee and lost by agreement with said report.

By resolutions Hons. vV. B. Young, M. P. Carroll,
Joseph Lamar of Augusta, Hon. Herman Myers, Geo. \V. Tiedeman and Thos. Screven of the city of s~wan nah, lion. A. T. Mcintyre of ;Thomas county, and Hon. A. L. Hull of the com1ty of Clarke, were invited to seats in tl1e Senate.

The Senate took up the report of the Committee on Corporations on the bill of the House "to amend the charte! of the city of Atlanta."

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 "as read the third time and passed as amended; ayes 25, nays 0.

The following report was made by Mr. Dunwody, chairman of the Committee on Militaty Affairs:

Mt. President:
The Committee on )filitary Affairs have had under consideration the following bill of the Senate, which they direct me to report, with recommendation that the same do pass.

A bill to alter and amend an act to provide for the

Mo~DAY, DECEi\rBER 14, 1896.

407

establishment and gO\ernmeut of a State Naval Militia and for other purposes.

Respectfully submitted,
HARRY F. DUNWODY, Chaimun.

The following message was received from His Excellency, the Govemor, through Mr. Callaway, his Private Sectetai'Y:

Executive Department, Atlanta, Georgia, December 14, 1896.

Jfr. President:
I am llitected by the Governot to deli,rer to the General Assembly a communication in writing.

By resolution, the lion. E. E. McGtegor,of the county of \Varren, and the Hon. J. H. Thomas were invited to seats in the Senate.

The Senate took up the report of the Committee on Relief of the Supteme Court on the bill of the House "to presctibe regulations for conducting the business of the Supreme Court on and after the first day of J anuary, 1897."

The report was agteed to.

The bill was read the third time and passed; ayes 28, nays 0.

?dr. Btinson, cltail'man of Committee on Enrollment, submitted the following report :

408

.Juut:~AL OF THE SENATE.

1lJr. President:

Your committee have examined the following act, and :find it duly enrolled and ready for the signatures of theSecretary and President of Senate, to wit:

An act to amend sectiou 1656 of the Code of Georgia, 1882, so as to make women eligible to the office of State Libratian, and fot other plll'poses.

Respectfully submitted.

E. L. BRINSON, Chairman.

The communication of His Excellency, the GoYernor, was taken up, read and refelTed to the Committee on Appropriations, said communication referring to an exhibit of Georgia at theNashville Centennial.

Mr. Hudson, from the Committee on Agticulture, submitted the following report:

Mr. President:
The Committee on Agriculture have had under consideration a bill of the Senate "to establish a Special Department of Horticulture and Pornology in conuection with the Department of Agriculture," and ask that this bill be read the second time and recommitted to theCommittee on Agriculture.

T. G. HUDSON, Chairman.

The bill referred to in this report was read the second time and recommitted.

The Senate took up the report of the Committee on

MONDAY, DECE~lBER 14, 1896.

409

Military on the bill of the Senate "to alter aud amend an act entitled an act to provide for the establishment and govemment of a State Naval Militia, and for other purposes."

The teport 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 Hygiene on the bill of the House "to prohibit the poisoning of auy spring, well or reservoir of water, to provide a penalty," etc.

The report wns agteed to.
The bill was read the third time and passed; ayes 28, nays 1.

The following message was received ftom the House through 1\<h. Hardin, the Clerk thereof:

ilJr. President: The House has passed the following bill of the House
by the requisite constitutional majority, to wit:
A bill to iucotpomte the city of Tallapoosa, in Haralson county.
1\:lr. McFarland, chairman of Committee Oil Public Schools, submitted the following report:
JIr. Ptesiclen t:
The Committee ou Public Schools have had under

410

JouH~AL OF TilE SEC\ATE.

consiJeration the following Seuate bill, which they direct me to report back, with recommendation that it do pass as amended.

Hespectfully snbr11ittecl. T. F. McFARLAND, Uhairmnn.

1\Ir. westmoreland, chairman of the Engtossing Committee, submitted the following repott:

Ji r. President:
The Engrossing Committee have had under cvnsideration t.he following Senate bills, which they direct me to report as duly engrossed and ready to be transmitted to the House of Represeutatives:

A bill to be entitled an act to require all claimants of land sold under transferred willllancl tax fi. fas., ot under insufficient advertisement of transfened or untransferred wild land tax fi. fas. prior to the first day of ,January, eighteen hun(lred aud eighty, to bring suit for such lauu within thirty-six months, and to provide fot the manner of bringing such suits, aud for other purposes.

Also, a bill to be entitled an act to provide for the uniform amendment of bank charters.

Also, a bill to repeal an act to fix the compensation of the County Treasurer of Meriwether county.

Also, a bill to provide for a clerk for the Supreme Court reporter, and for other purposes.
Hespectfully submitted. G. F. WESTMORELAND, Chairman.

MosDAY, DECEMBER 14, 1896.

411

The bill of the House "to levy and collect a tax for the support of the govel'llment and the public institutions, for educational purposes, to pay the intetest on the public debt, to pay the pensions of Confederate soldiet'S, and for other putposes," was read the first time, referted to the Finance Committee, aud one hunclted copies ordered to be printed for the use of the Senate.

On motion, the Senate adjonruetl until 3 o'clock p.m .

. 3 O'elock p. m. The Senate met pursuant to adjournment, aud was called to order by the President.
The roll-call was, on motion, dispensed with.
The following bills of the House were read the fitst time and refened as indicated, to wit :
A bill "to provide fot the payment of the fees of the Clerk of the Superior Court, Sheriti~ Solicitor of the County Court, Justices of the Peace, Notaries Public, a11d Constables in certain cases."
Referred to the General J udiciary Committee.
Also, a bill ''to establish a City Cour-t of Coffee county, and for other pmposes."
Referred to the Special Judiciary Committee.
Also, a bill "to establish a system of public schools in the town of Raccoon, in Chattooga county, and for other purposes."
Referred to the Special Judiciary Committee.

412

JounNAL oF TilE SENATE.

Also, a bill "to incorpomte the town of Rochelle into the city of Rochelle, and for other purposes."

Refetred to the Special J m1iciary Committee.

Also, a bill "to amend an act approved October 2-l, 1887, entitled an act to incorporate the Atlanta Loan and Trust Company."

Referred to the Committee on Banks.
Also, a bill "to confirm a gmn t to the trustees of vVesley Monumental Church fot the Methodist Episcopal Church, South, in Savanuah," etc.
Referred to the Committee on Corporations.
Also, a bill "to repeal an act to incorpomte the town of Homerville, in the county of Clinch, and for other purposes."
Referred to the General Judiciary Committee.
Also, a ..bill "to authorize the Georgia Security and Bank-ing Company to exchange real estate for stock," etc.
ReferreLl to the Committee on Banks.

Also, a bill "to repeal an act incorporating the city of Tallapoosa, in the county of Haralson."
Referred to the Committee on Corpomtions.
Also, a bill "to authorize the commissioners of Chatham county to fill vacancies in their hoard."
Refened to the Committee on Corporations.

MONDAY, DECEMBER 14, 1896.

413

The general appi'Opriation bill was read the second time and recommitted to the Committee on Applopriations.

By resolution of Mr. Golightly, the Ron. W. B. Berry, of the county of Coweta, was invited to a seat in the Senate.

The Senate took up the report of the Committee on Corporations on the bill of the Senate "to amend the charte1 of the Atlanta and West Point Raihoad Company."

The report was agreed to.

The bill was read the thi1d time and passed; ayes 26, nays 0.

M1-. Golightly moved that this bill be immediately transmitted to the House, which motion prevailed.

A l'esolution of the House "to provide for supplying a deficiency in the contiugent fund" was read the first time and referred to the Committee on Appropriations.

The bill of the Senate "to authorize the State School Commissioner to grant pe1manent license to certain gmtluates of the Normal and Industrial College at Milledgeville" was read the second time and passed to a thi1d reading.

Mr. Comas, chairman of the Committee for the Deaf, submitted the following report, one hundred copies of 'vhich were ordered printed for the use of the Senate :

414

JOVRXAL OF TilE SENATE.

Mr. President:
Your committee appointed to visit the Georgia SclJOol for Deaf beg to submit the following report :
vVe find that the finances of the institution have been properly and judiciously expended, and that bills and accounts from September, 1895, to October, 1896, have been properly accounted for, and your committee cannot too highly commend the system of bookkeeping in vogue there, which is perfect in its detail.
\Ve find that the coloretl department is very much in need of a kitchen, as the one in use is entirely inadequate to the present needs of the institution on account of its size, and we recommend that a new one be built.
vVe also recommend that the sum of five thousantl dollars be appropriated to heat the institution with steam, which, when accomplished, will result in a great economy of fuel, amounting to three hundred dollars per year.
vVe also recommend that the sum of two thousand dollars be appropriated to erect and furnish electric lighting, as the present lighting is done by tallow candles, kerosene being dangerous for the children to use, and on that account the management is restricted to the use of candles.
'Ve recommend that fifteen hundred dollars be appropriated for the repair of the buildings antl painting of them, and we think that this should be done as speedily as possible, as it will take an increased amount for repairs the longer it is delayed.
vVe also recommend that the sum of six thousand dollars be given, as soon as it is practicable to do so, to erect and furnish a gymnasium and industrial hall for the girls.

Mo::-mAY, DECE)fBER 14, 1896.

415

We find that tlJe most pressing need of this most worthy institution is an appropriation of two thousand five hundred dollars to equip the excellent shop that has been built at a cost offifty~five hundred dollars ($5,500), with all the modern machinery necessary to instruct these poot nn fortnnates in the various trades or callings, whereby they may be better enabled to become useful citizens wheu they leave this institution. We cannot too strongly urge that this be done, for the following reasons:
\Ve find that on account of the absence of manual training, the pupils, after the long years of stay in the institution, leave there with no trade or occupation, which is very condncive to a condition of professional mendacity, and they then are a charge on communities or individuals for their support and maintenance on this account, which will be very readily corrected by supplying the shop with the apparatus they need, so that they may be taught the various trades, such as harness and shoemaking, painting, wood and iron work of various kinds, so that they may have the opportunity of becoming skilled operatives in the various manual occupations.
\Ve cannot too strongly recommend this to the attention of the members of the General Assembly, as we regard this as the most important addition to this worthy Institution.
\Ve find the buildings and grounds, with the live stock of the institution, all in an excellent condition, with the hygienic and sanitary arrangements simply perfect.
We cam'tot too strongly commend the able and efficient principal, l\fr. Connor, aided and assisted by a worthy stafl' of assistants. Too much cannot be said in their praise when we consitlet the kind and sympathetic care necessary on their part to properly teach and instruct these, "the children of silence."

416

JouRNAL oF Tim SENATE.

The tesults that have been accomplished under Mt. Connor's system of management entitle~; hiru to the highest e~mmendations of the whole people of Geotgia.
Respectfully submitted. P. H. COMAS, Chaitmau.

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

Senate Chamber, Atlanta, Georgia, 'Puesday, Decembet 15, 1896, 10 O'clock a.m. The Senate met pursuant to adjournment, and was called to order by the President~
Prayer was oftered by the Chaplain.
The roll-call was, on motion, dispensed with.
Mr. Van Btll'eu, Chairman of the Committee on Journals, reported the J oul'l1al col'rect. It was then read and confirmed by the Senate.
The following message was received from the House through Mr. Hatdin, the Clerk thereof:
JJJr. President:
'rhe House has passed the following House bills by the requisite constitutional majority, to wit:
~:.zA bill to amend section 3462 of the Code of 1882, that all pleas to the jurisdiction be filed separately.

TuESDAY, DECEMBER 15, 1896.

417

Also, a bill to appropriate twenty-five hundred dollars to pay for publishiug the Code of 1895.

Also, a bill to make clear and define the meaniug of au act to allow pensious to certain Confederate soldiers and widows of Confederate soldiers.

Also, a bill to create a Board of Commissioners of Roads and Revenues of Pulaski county.

Also, a bill to pay for and retire bonds of this State as they mature as provided for in article 7, section 14, paragraph 1 of the constitution of 1877.

Also, a bill to protect the fish, oysters, clams, shrimp, terrapins, cmbs, etc., in Christmas ereek and tributary streams.

Also, a bill to repeal the second section of an act approved March 1, 1875, to fix the compensation of the county treasurer of Jefferson county.

Also, a bill to appropriate two hundred and twentyfive dollars to pay certain pensions.

Also, a bill to prohibit hunting and fishing on the lands of another in DeKalb.

Also, a bill to authorize the sale of the Northeastern Railroad.

Also, a bill to ameud the charter of the Georgia College of Eclectic Medicine.

The House has also adopted the following resolution in which the concurrence of the Senate is asked, to wit:
2i s

418

JOURNAL OF THE SENATE.

A resolution to accept a portrait of Hon. R U. Hardeman to be place<l in the office of the Treasury.

Also, a resolution to relieve the DMien and \Vestern Railway Company.

Also, a resolution to provide for an election of a judge for the Southwestern Circuit.
Also, a resolution making additional appropriation for the contingent fund.

Also, a resolution authorizing the Governor to appoint delegates to the Good Roa<ls Congress.

'rhe House has also concurreJ in the Senate resolution, to wit:

A resolution providing for the appointing of two men for the floor by the Doorkeeper.

The joint resolution of the Honse" to provide for the election of a judge of the. Southwestem Cit"cnit," was taken up, under a suspension of the rules, allll con'curred in.

Mr. Turner, under a suspension of the l"lllt>s, introduced a joint resolution "providing that the keeper of public buildings or other pt"opel" authority be instmcted to at"t"ange for lighting the Senate Chamber witl1 electticity.

This resolution was agl"eed to.

The special ordet" of to-day, whieh had been displaced temporarily, was taken up and put upon its passage.

TUESDAy' DECEllfBER 15, 1896.

419

The hill was reported favorably by the Committee on Hygiene, to who1~1 it was referred.

The report was amended, on motion of Mr. Gray, by striking out all of section third after line" 3."

The report "as further amended, on motion of Mr. \Valkee, of the Eighteeutb, by addiug tl1e followiug peoviso at the close of the fourth sectiou, to wit:

l'rovicled, This act sball apply to no couuty unless first recommentle<l to be carried into effect by the Board of Education of the conuty.

The report was further amended by adding thereto a repealing clause to be section 5.

The report, as amended, was agreed to.

The bill was rea<l the' third time, and on the <Jncstion of its passage as amende<l, the ayes and nays were required to be recorded.

Those Yoting in the affirmati \'e were :Messrs.-

.-Hkinson, Battle, Blalock, Brinson, Brooke, Comas, Cook, Cuher, Everett, Flewellen,

Flynt, Golightly, Gray, Hopkins, Hudson, Kemp, ::\IcFarlaml, Re<iwine, Sheffield, Shropshire,

Scarr,
~te\ens,
Stewart, 3-Hh, StrothPr, Thomson, Turner, \V estmoreland, Witeher, 'Vooten.

Those Yoting in the negative were :Messrs.-

Allen, Castleberry, Dunwody, Geiger,

Goldin, Kilpatrick, Mann, Stewart, 27th,

Van Buren, Walker, 18th, Walker, '-!Oth, Wilcox.

420

JouHNAL OF THE DENATE.

Those not voting were :M:essrs.-

Carter,

Ham,

Mt. President.

Ayes 29. Nays 12. Not voting 3.

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

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

Jlir. President:
The House has passed the following House bills by the requisite constitutional majotity, to wit:

A bill to change the charter of the town of Arabi, m Dooly county.
Also, a bill to appropriate $2,750 for the pmpose of reimbursing the Code Commissioners.
Also, a bill to incorporate the town of Livonia.
Also, a bill to amend an act consolidating the laws governing the analysis and sale of fertilizers, etc.
The House has also adopted the following resolution in which the concurrence of the Senate is asked, to wit:

A resolution to suspend the collection of taxes in the county of Mcintosh for the year 1896.
Mr. Brinson, Chairman of the Committee on Enrollment, madethe following report:

TuESDAY, DECEMBER 15, 1896.

421

Jfr. Prcsid{nt:
The Committee on Enrollment have had under consideration the following acts, which they report duly emolled and ready for the signatures of the President and Sectetary of the Seuate, to wit:

An act to define the powers of the Recorder of the city of Augusta as to fines and penalties to be imposed by him for violations of the l'llles, regulations, etc.
Also, an act to amend the charter of the city of Augusta by authorizing the city council of Augusta to impose license taxes upon all occupations, etc., by residents or non-residents, and fot other purposes.

Also, an act to authorize the Supreme Court to appoint three additional shorthand writets, and for other purposes.
Also, an act to amend an act to incorpotate the American Trust and Banking Compa_ny, approved August 29th, 1889, and also an act amendatory thereof, approved December 20th, 1890.

Also, au act to amend section 943(a) of the Code of 1882, and acts amendatoty thereto, providing for State Depositories, so as to add theLeto Statesboro, Toccoa, Moultrie in Colquitt, and Eastman in Dodge county.

Also, an act to authorize the appointment of a Commissioner of Pensions, to prescribe the powers and duties of such commissioner, and fot other purposes.

Also, an act to amend the charter of the town of Oakland City, and for other purposes.

422

JouRNAL Ob' Till~ S~<:NATB.

Also, an act to prescribe who are qualified to vote in all elections in the village of Summerville, in the county of Richmond, and for other purposes.

Also, an act to amend section 1288 of the Code of 1882.

Also, an act to incorporate the city of Elberton in Elbert county, to change the name of the town of Elberton to the city of Elberton, and for other purposes.

Also, the following joint resolution, to wit:

A joint resolution providing for the approptiation of the sum of one hundred a.nd thirty dollars to defray the expenses of the recent inaugural ceremonies.

Respectfully submitted.

E. L. BRINSON, Chairman.

Mr. Golightly, .Chaitman of Committee on COt"porations, submitted the following teport:

J.lfr. President:
Your committee have had undet' consideration the following bill, which they instruct me to report back with recommendation that same do paRs, to \Yit:
A bill to be entitled an act to authorize the city council of Augusta to gmnt the use of the streets to any rai 1road company or corporation, and for other pntposes.
Also, the following bill, which they recommend do not pass, to wit:

TuESDAY, DECE~IBER 15, 1896.

423

A bill to be entitled an act to repeal an act entitled an act to create the office of Commissioner of Public \Vorks for the city of Savanm,h, and for other purposes.

Respectfully su Lrnittecl.

J. F. GOLIGHTLY, Chairman.

Mr. Golightly, Chairman of the Committee on Corporations, submitted the following repott:

You1 eommittee have had under consideration the following hill, which they instmct me to report back, with recommendation that same do pass as amended, to wit:
A bill to be entitled an act to amend the clHtrter of Battle Hill, and for other purposes.
Respectfully submitted.
J. F. GOLIGHTLY, Chairman.
Mr. Battle, Chairman of the General Judiciary Committee, submitted the following report:
Jb". P1esident:
The General Judiciary Committee have had under consideration the following bill, which they ditect me to repot't back, with the recommendation that the same (lo pass as amended, to wit:
A bill to be entitled an act to provide for the reor-

424

JOURNAL OF THE SENATE.

ganization of the Board of Trustees of the University of Georgia and for the election ofthe same by the qualified voters of the State, and for other ptll'poses.

Respectfully submitted.

C. E. BATTLE, Chairman.

The following minority report was submitted:

Mr. President:
The General Judiciary Committee having had under consideration Senate Bill No. 69, a bill to be entitleJ an act to provide for the reorganization of the Board of Trustees of the University of Georgia, and for the election of the same by the qualified voters of this State, and for other pUI"poses, and said committee haYing reported that said bill do pass, we, the unJersignecl members of said committee, beg leave to submit a minority report, and recontmend that the same do not pass as amended.

Respectfully submitted.
wESLEY SHROPSHIRE, J. D. KILPA THICK.

Mr. Westmoreland, Chairman Engrossing Committee,. submitted the following report:

Mr. President:
The Engrossing Committee have examined and direct me to report as duly engrossed and ready to be transmitted to the House the following Senate bill, to wit :

TUESDAY, DECEMBER 15, 1896.

425

A bill to be entitled nn act to alter and amend an act eutitled an act to provide for the establishmeut and government of a State Naval Militia, and fot othet purposes.

Respectfully submitted.

G. F. WESTMORELAND, Chairman.

Mr. Starr, Chairman of Committee on Education, submitted the following report:

Mr. Ptesident:

Your committee have had undet consideration the following House resolution, which they instruct me to repol't back, with the recommendation that same be concmred iu, to wit :

A joint resolution providing that a committee be appointed to attend the commencement exercises of the University in 1897.

Respectfully submitted.

0. N. STARR, Chairman.

On motion of :Mr. Battle, the Senate reconsidered its action of yestetday on the bill ofthe House "to pl'ovide fot enforcing the right of a tmstee in and to real property made to secure a note or notes or other debt owing to one or more persons."

This bill was recommitted to the General Judiciary Committee.

426

JoUR1~AL OF THE l::lENATB.

Mt. Hudson, Chairman of the Committee on Agl'iculture, made the following report:

Jlr. President: The Committee on Agticultute have had under coHsideration Se11ate Bill No. 70, lJy 1\Ir. Gray, which they recommend do pass with amendments, to wit:
A bill "to require the Commissioner of Agricultme to establish a Special Department of Hot'ticulttue allll Pomology," etc.
Respectfully submitted.
T. G. HUDSON, Chaitman.
The follmvi11g message was received from the House through Mr. Hatdin, the Clerk thereof:
.111'. President: The House has passed the following House bill by
the requisite co11stitutional majority, to wit:

A bill to authorize the City Council of Augusta to improve the sidewalks and streets of said city.
Mr. Blalock, Chairman of Committee on Finance, submitted the followiug report:

Jlr. P1esident:
Yom committee have had uudet considetatioH the following bill, which they insttuct me to rep01t back, with recommendation that same be read a second time and recommitted, to wit :

TuESDAY, DECE.MBER 15, 1896.

427

A bill to levy and collect a tax for the support of the State government and the public institutions, and for other put'poses.

Respedfully submitted.

A. C. BLALOCK, Chaii'DHtn.

Under a suspension of the rules, on motion of Mt. Brinson, the Senate took up the report of the Special Judiciary Committee on the bill oftbe House "to change the time of holding the Superior Conrt of lllllke county."
The report was ngreed to.
The bill was read the thil'd time and passed; ayes 2-t., nays 0.

"\Yhile the special order of this clay was under discus-. sion (~h. Battle having the floor), to wit:
The report of the Committee on Railtoads on the bill of the Senate to enlatge the powers of the Railroad Commission so as to requite railroa<ls to receive, receipt for and deliver cats and freights and to ptevent disctiminations," the time arl'ived for the meeting of the General Assembly fot the election of a Judge of the Southwestern Circuit.

The President so announced, and the Senate, in a body, preceded by the Ptesiclent nncl Secretary, proceeded to the Hall of Reptesentatives, whete, being received by the members of the House of Reptesentatives, standing, the President took the chair and called tlu3 General Assembly to order.

428

JuUlt:.i.-\L OF THE SENA'fE,

1'he Secretary read the resolution under which the joint session was convened.

The Ptesident announced the object fol' which the General Assembly had convened in joint session, viz: the election of a Judge of the l5outhwestern Circuit.

Nominations were declared in on1er, wherenpon :Mt', Whipple, of Dooly, placed in nomination Hon. Z. A. Littlejohn, of the county of Dooly.

The call of the roll was ordered for this election.

On counting up the vote it appeared that the Hon. Z. A. Littlejohn, of the county of Dooly, had received 160 votes. The same being a majo1ity of all the votes cast, he was declared hy the President duly elected Judge of the Southwestem J uclicial Circuit for the term of four years, beginning on the fit-st of Janumy, 1897.

The General Assembly in joint session was dissolved.

The Senate retul'lled to its chambe1, was called to orde1 by the President, and resumed the unfinished business.

Pending the discussion on the pteceding measure, :Mr. Kilpattick having the floot, the Senate adjoul'lled, on m(>tion, until 7:30 o'clock p. m.

7:30 O'clock p.m. The Senate met pul'suant t.o adjoul'llment and was called to order by the President.
The call of the roll was, on motion, dispensed with.

TuESDAY, DECEMBER 15, 18!)6.

429

Mr. Kilpatrick yielded tl1e floor for the purpose of reading a House resolution the first time and the Tax bill the second time.

The resolution referred to, to wit: A resolution "to appropriate $225 for pensions of certain Confederate soldiers," was read the first _time and referred to the Committee on Pensions.

'fhe Tax Bill was read the second time and recommitted to the Finance Committee.

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

.11r. President:
The House has passed the following House bills by the requisite constitutional majority, to wit:

A bill to incorporate the town of Abbeville.

Also, a bill to repeal the charter of Buford and reincorporating the same.

Mr. Kilpatrick further yielded the floor for the reading of the following resolutions, which were read and referred as indicated, to wit:

A resolution for the relief of the Darien and Western Railroad Company.
Referred to the Committee on Railroads.

A resolution "to suspend the collection of State taxes in the county of Mcintosh for the year 1896."
Heferred to the Finance Committee.

430

.JoUH:"AL OF THE SENATE.

Ml'. Kilpatl'ick yielded further to M1. Cartel', of tbe Thil'ty-!il'st District, when he oftered a respollse to resolutions of the Seuate.

Mr. Battle, for himself and Messl's. Hopkins, Start', and Kilpatl'ick, submitted a resolution on the subject pt'esented in the reply of Mr. Cartel', which, on his motion, was read and laid on the table.

The resolution is as follows, to wit:

\Vhereas, Senatol' Yancy Carter, Senator from the Thirty-fil'st District, did on the floOl' of the Senate make serious charges aft"ecting the integl'ity of the jmliciary of the State, and offcl'ed to give the names of tl1e accused if demamlecl; aml
vVhereas, On the 7th clay of Decembel' tlJC Seuator fwm the 'l'hirty-fil'st did reiterate saill charges aml otter to give the names of the accused and fumish the eviclence of tbeit guilt if demanded; and
"\Vhereas, On said day tl1e Senate clid pass a resolution calling on the Senatol' for the information, to which resolution the Senatol' at a late day respomled with a written statement declining to give the names of the parties Ol' the evidence fol' the reasons thel'ein stated, which response was spl'ead upon the Joumal of the Senate; and
vVhel'eas, The Senate, on the 12th day of Decembel', did pass a resolution stating that it was the sense of the Senate that the Senatol' from the Thil'ty-fil'st District should have and should now furnish the Senate with the names of the parties accused and the evidence of thei l' guilt; aml
whereas, The Senator fl'om the Thirty-first, in re-

TUESDAY, DECEMBER 15, 1896.

431

spouse to the second demand, has, on the 15th day of December, responded tlwreto by specif)'ing the names of said parties ; and
whereas, The Senate has exhausted its jurisdiction in reference to said charges; therefore, be it
Resohed, That the statement of the Senator fmm the Thirty-first District, specifying the names of the parties accused, made this the 15th day of Deceri1ber, as well as a copy of the two resolutions heretofore adoptell by the Senate touching the charges against the judiciary of the State, and also the statement of the Senator made ou the 11th day of December, be transmitted to the Honse of Representatives, whose special duty it is to investigate charges of this chamcter, for snch action as it may lleem proper to take touching the said charges.

On motion of Mr. Dun>vody, the foregoing resolution allCl the respouse of :\ir. Cartet, and all matter germane to the subject be the special order of to-monow morning immediately after the reading of the Journal.
:Mr. Kilpatrick resumed the fl.oor, which he had yielded by courtesy.
After discussion of the pending measure, Mr. Ste,eiJS mo,ed that it be postponed until the fifth day of the uext session.
:\Ir. Berner proposell to amend the motion of Mr. Stev-ens hy laying the bill on the table.
On this proposition the ayes and nays were demanded au d reco rcl ed.

432

JOUltNAL OF THE DENATE.

Those who voted in the affirmative were lfessrs.-

Atkinson, Blalock, Brinson, Carter, Castleberry, Comas, Everett, Golightly,

Gray, Hopkins, Hudson, Kemp, , Kilpatrick, Maitn, McFarland, Sheffield,

Starr, Stewart, 2ith, Stewart, 3-!th, Strother, Turner, Van Buren, Wilcox.

Those who voted in the negatiYe were :Jiessrs.-

Allen, Battle, Culver, Dunwody, Flewellen,

Flynt, Redwine, Shropshire, Stevens,

Walker, 18th, Walker, 40th, Witcher, 'Vooten.

Those not voting were lfessrs.-

Brooke, Cook, Geiger,

Goldin,. Ham, Thomson,

Westmoreland, Mr. President.

Ayes 23. Nays 13. Not voting 8.

So the motion to lay on the table prevailed.

Leave of absence for the balance of the session was gmnted Mr. Atkinson on account of sickness.

The following bills and resolutions of the House wete read the first time and referred as indicated, to wit :
A bill to make clear and define the meaning of an act to allow pensions to certain Confederate widows, and for other purposes.
Referred to the Committee on Pensions.

A bill to repeal the second section of an act approved

TUESDAY, DECEliiBER 15, 1896.

433

March 1st, 1875. to fix the compensation of the county treasurer of Jefterson county.

HefeiTed to the Special J ndiciary Committee.

A resolution mnkiug additional appropriation for <!ontingent ftmd, and fot repairs to the public buildings for the year 1896.

Referred to the Committee on Appropriations.

A resolution to accept a portrait of the Hon. R. U. Hardeman to be hung in the Tteasmer's office.

Read and concurred in.

A resolution authorizing the Governor to appoint delegates to the Good Roads Congress at Ol'lando, Flol'ida, February 2d, 1897.

Referred to the Committee on Public Roads.

A bill to amend section 3462 of the Code of 1882.

Heferred to the General Judiciary Committee.

A bill to auth01ize the city council of Augusta to improve the sidewalks of said city, etc.

Referred to the Committee on Corporations.

A bill to appropriate $2,750 to reimburse the commissioners to l!odify the laws of Georgia.
Heferred to the Committee on Appropriations.
2Ss

434

JouRNAL oF THE SgNATE.

A bill to appropriate $35,000 to pay for printing and publishing the Code of 1~95, and to pay for superintending the pl'inting of said Code.

Referl'ed to Committee on Appropriations.

A bill to protect oysters, clams, shrimps, tet'l'apins, and othet' foo<l proclncts in Oheistinna creek and inlets tributary thereto.

Ret'etred to the Committee on State of the Republic.

A bill to authorize the sale of theNortheastern Hailroacl, etc.

Refel'l'ed to the Committee on Railtoads.

A bill to amend an act to amend an act to amend and consolidate the laws governing the inspection and analysis and sale of commercial fettilizers and ch.emi~als, etc.

Referred to the Committee on Agticulture.

A bill to cteate a Board of Commissionets of Roads and Revenues for the county of Pulaski.

Referred to the Committee on Public Hoacls.

A bill to amend the chattet of the Georgia College of l<~clectic Medicine and Stugety.

Heferred to the Committee on Corporations.

A bill to pay for and retite bonds of the State as they mature, in accol'<lance witlt att. 7, sec. 14, par. I

TuESDAY, DECE:IIBER 15, 1896.

435

of the Constitution, by leYying and collecting a ta.x, and for other putposes.

Heferred to the Committee on Finance.

A bill to amend, change and repeal the charter of the town of Arabi, in the county of Dooly, and for other purposes.

Refetred to the Committee on Corporations.

A bill to ptohihit huntiug and fishing on the lauds of another in the county of DeKalb.

Referted to the Special Judiciary Committee.

A bill to reincorpomte the town of Livonia.

Referred to the Committee on Corporations.

A bill to repeal all laws incotporating the town of
Buford.

Refetted to tho Committee on Corporations.

A bill to establish a new charter for the town of AbbeYille.

Refel'!'ed to the Committee on Corpomtions.

~:h. Golightly, of Thirty.sixth Dishict, Chaitman of Committee ou Corporations, submitted the following report:

Mr. President:

Yom Committee on Corpomtions have had under

436

JouRNAL OF nm HENA1'E.

conside.ratiou the following Honse bills, which they instruct me as their chaitman to report back to the Senate, with the recommendation that the same do pass :

A bill to authorize the commissioners of Chatham county to fill vacancies in their board.

Also, a bill to be entitled an act to confirm a grant to 'the trustees of \Yesley Monumental Church, fo1 the Methodist Episcopal Church, South, in Savannah, made by ordinances of the city of Savannah, of ten ( 10) feet from Abercorn street, aud increasing the depth of trust lot, 27 Calhoun ward, ten ( 10) feet.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

.Mr. Stewart, of Thirtyfourth District, Chairman of the Committee on Banks, submitted the following report:

..:lfr. P1esident:
The Committee on Banks ha>e had under consideration the following bills, which they have directed me to repott back, with the recommendation that the Aame do pass, to wit :
House Bill No. 379, a bill to be entitled an act to authorize the Georgia Security and Banking Company to exchange real estate for stock, etc.
Also, House Bill No. 315, a bill to be entitled an act to amend an act approved October 24th, 1887, entitled

TuESDAY, DEcE~IBER 15, 1896.

437

an act to incorporate the Atlanta Savings, Loan and Tmst Company, and for other purposes.

Respeetfully submitted.

T. D. STEWART, Chairman.

Mr. Stevens, of Eleventh District, Chairman of Committee on Appropriations, submitted the following report:

Jfr. Prcsidc11t:

Your Committee on Appropriations have hacl under consideration House Resolution No. 108, to pwvicle for supplying a deficiency in the contingent fund, and for other purposes, which they instruct me to report back to the Senate favorably.

Respectfully submitted.

0. B. STEVE~S, ChaitmmL

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

A bill" to authorize the Ge01;gia Security and Banking Company to exchange real estate for stock."

A bill" to confirm a grant of vVesley Monumental Methodist Episcopal Church in Savannah."

A bill "to authorize the commissioners of Chatham county to fill vacancies in their board."

A bill "to amend an act to incorporate the Atlanta Loan and Trust Company, and for other purposes."

43R

JOUR~AL OF THE SENATE.

A resolution "that a committee be appointed to attend the commeueement exetcises of the University of the State in 1897."

And a resolution "to provide for supplying a deficiency in the contingent fund, and for other purposes."

~ir. 'Vestmoreland, Chairman of the Committee on Engrossing, submitted the following report:

Jh-. Presicknt:

Your committee have examined and fin(l properly engi'Ossed and ready to be tmnsmitted to the Houst', the following Senate bills, to wit :

A bill to be entitled an act to amend the chartet of the Atlanta and West Point Railroad Company.

Also, a bill to be entitled an act to amend section 2385 of the Code of 1882 in reference to processioning lan<ls, and for other puq)oses.

Also, a bill to be entitled an act to amend au act approved December 17, 189-!, entitled an act to lH'OYide for the registration of votets in this State, and fot other purposes.

Also, a resolution that all bills and resolutions left over at the end of the vresent session shall go over as nnfi"nished business to the session of 1897.

Also, a resolution that the keeper of the pnhlic buildings or other proper authority he instructed to arrange for lighting the Senate chamber with electricity.

TuESDAY, DECEMBER 15, 18%.

439

Also, a bill creating a Board of Commissioners of Roads and Revenues for Jackson COU11ty.

Respectfully submitted.

G. F. WEST~IOHELAND, Chairman.

Mt. Kilpatrick, Chairman of Committee on Railroads, submitted the following report:

Your committee have bad under consideration the following bill, which they instruct me to report back, with recommendation that same do pass, to wit:
A bill to be entitled an aet entitled an act to fix and define the liabilities of receivers, trustees, assigns and other like officers operating railroads in this State, appro,ell December 16, 1895.
Respectfully submitted.
J.D. KILPATRICK, Chairman.
~lr. Battle, Chairman of the General Jndiciaty Committee, submitted the following report:
Jlr. President:
'l'be Committee on General Jndiciaty haYe had under ~onsidemtion the following bills of the Honse, which they direct me to report, with recommendation that the same be read a second time and recommitted to the General ,J ndiciary Committee :
A hill to be entitled an aet incorporating the town of

440

JOURNAL OF THE SENATE.

Homerville, in the county of Clinch, approved February 15, 1869, and for other purposes.

Also, a bill to provide for the payment of the fees of the clerk of the Superior Court and certain other officers in certain cases.

They direct me to report the following Senate bill~ with recommendation that the same clo pass :

A bill to pro,Tide for the filing, hearing and determining of election conte:>ts.

They direct me to report the following House bill,. with recommendation that the same do not pass :

A bill requiring Judges of City and County Courts toreduce to writing their charges, etc.
Respectfully submitted.
C. E. BATTLE, Chairman.

:Jfr. Battle moved to take from the table the bill laid on the table to-night, known as :No. 26, which is a bill to increase the powers of the Railroad Commission of Georgia, etc.

The following bills of the H()use were read the second. time and recommitted, to wit:
A bill "to repeal an act incorpomting the town of Homerville."

A bill "to provide for the payment of the fees of the Clerk of the Superior Court, Sheriff, Solicitor of the County Court, Justices of the Peace, Notaries Public, and Constables in certain cases."

WEDNESDAY, DECE~fBER 16, 1896.

441

A bill "to amend an act of December 20, 1893, in relation to election contests, etc., and for other purposes."

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

Senate Chamber, Atlanta, Georgia. vVeduesday, December 16, 1896, 10 O'elock a.m.
The Senate met pursuant to adjoumment, the President in the chair.

Pmyer was oftere(l by the Chaplain.

01,1 the call of the roll the following Senators answered to their names:

Allen, Atkinson, Battle, Blalock. Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwocty, Everett, Flewellen,

Flynt, Geiger, Goldin, Golightly,
t~ray,
Hopkins, Hu<lson, Kemp, Kilpatrick, :\Iann, :\IcFarland, Redll'ine, Sbeffield,

Starr, Stevens, Stewart, :!7th, Stewart, 34th, Thomson, Turner, Yan Buren, Walker, 18th, \Valker, -lOth, Wilcox, Witcher, \Vooten, :\lr. Pre;ident.

Those absent were :Jiessrs.-

Ham, Shropshire,

Strother,

Westmoreland.

::\11'. Van Buren, Chairman of the Committee on Journals, reported the Journal correct. It was then read and confirmed by the Seuate.

4!2

JoUUXAL OF THE SENATE.

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

Jlr. President:
The House has concurred in the Senate amendments to the following Honse bills, to wit:

A bill to establish a City Comt 111 the city of Elberton.

Also, a bill to amend the charter of the Commercial Bank of Albany.

The Honse has also adopted the following resolution, in "hich the concnrrence of the Senate is asked, to wit:
to A resolution to appropriate tl1e sum of $60 pay
the pension of Delia Owens.

The House lws also concnLTed in the Senate amendment, with an amendment, to the following Honse resolution, to wit:

A resolution relati,e to the appointment of a Schoolbook Commission.

The House has also coneunecl in the Senate amellllments to the following Honse re:;olntions, to wit:

A resolution to ~)ay pensions to widows or minot children of certain decea:;ed Confederate Yeterans.

Also, a resolution to appoint a committee of se,cn ftom the House and thtee ftom the Senute to examine into ai1d report upon the amounts 1eceived by tl.c LniYersi ty from Federal Go,ern ment.

"WEDNESDAY, DECE:\IBER 16, 1896.

443

The House has also concnnell in the follo\~'iug Senate resolntious, to wit:

A resolutiou that the keepet of public buildings be anthOI'ized to arrange for lighting the Senate clwmber with electricity.

Also, a resolution that all bills and resolntions left oYer at the end of the session shall go OYer as unfinished bu;;iness.

Also, a bill to prescribe and <lefine the powers of Commissioners of Pi!'otage for the ports of this State.

The Hou;;e has also pas,;e<1, by the requisite constitutional majority, the following Honse bills, to wit:
A hill to abolish the City Court of Coffee county.

Also, a hill to <leclare nnlawfnl all trusts and combinations in rcstmint of tmde anll pro<lnction.

Also, a bill to repeal an act amen<ling the li(1uot laws for Hart county.
Also, a bill to fix the salary of the Commissioner of Hoads aml ReYenucs of Ir\\'in connty.
Abo, a bill to amend an act to establish a Board of Connty Commissioners of Bihb couuty.

Also, a hill to amend au act crcatiug the f;ity Court of DeKalb connty.

Also, a bill to amend au act incorporating the town of Bowers\illc, in Hart county.

444

JouR~AL oF THE SENATE.

Also, a bill to amend the chartet of the town of Colquitt.

.Also, a bill to amend an act creating a Park and Ttee Commission for the city of Savannah.
Also, a bill to authorize J. C. K. Cotter to peddle without license.

Also, a bill to amend an act to prohibit the sale of liquors in Irwin county.
Also, a bill to provide for issuing bonds for school purposes for the town of Notcross.
Also, a bill to provide for the payment of costs of court in the trial of misdemeanot cases.
Also, a bill to amend the charter of tb e town of J efferson.
Also, a bill to establish chain-gang farms or other enterprises in this State.
Also, a bill to crente a Board of Commissionets of Roads and Revenues for the county of Lee.
Also, a. bill to create a. Board of Commissioners of Roads ancl Revennes for Charlton county.

'rhe special order of the morning hour was taken up, to wit:
A resolution ofi'Ened by Mr. Battle and the response of Mr. Carter to the resolutions of the Senate conceming certain charges made by him.

WEDNESDAY, DECE~IBER 16, 1896.

445

On motion of Mr. Dnnwody, the special order was discharged until to-morrow immediately after the read~ng of the Journal.

The bill of the House "to regulate the practice in the Supreme Court in certain particnlars," was, on motion of Mr. Hopkins, recommitted.

A bill of the Hvnse "to declare unlawful all trusts and combinations in restraint of trade and production, to prescribe penalties, and for other purposes," was read the first time and referred to the Committee on Corporations.

Mr. Kilpatrick, Chairman of the Committee on Railroads, submitted the followiug report:

Mr. President:

The Committee on Railroads haYe had under consideration the following House bills, which they direct me to report, "ith request that they be read the second time and recommitted:

A bill to authorize the sale of the Northeastern Railroad.

Also, a resolution for the relief of the Darien and \Vestern Railway Company.

Respectfully submitted.

J.D. KILPATRICK, Chairman.

The Senate took up the report of the Committee on Public Schools on the hill of the Senate "to authorize

446

JouRNAL o:F 'HE SENATE.

the State School Commission<;)r to grant permanent license to such graduates of the Normal and Indust1ial College. at Milledgeville as in the judgment of the State School Commissioner may be entitled. to the same."

The committee reported in favor of its passage with an amendment.

The report was amended as follows on motion of l\Ir. Tu mee, viz. :

Insert after the word "Milledgeville," in the first section, fifth line, "or full gmduates of any other clJaiteeell college in this State."

The repoet, as amended, was ageeed to.

The bill was read the thinl time and, on motion, was laid 011 the table.

Mr. Sbeopshiee, Chairma11 of the Special Jutliciary Committee, submitted the following repott:

JIr. President:

Your committee have hatl under consideration tiJe following Lills, which they instmct me to report ba<:k, with recommendation tlwt they be read a second time and recommitted, to wit:

.A biil to he entitled an act to establish a ,.;ystem of public schools in the town of Haccoon, in the county of Chattooga, and. for other pmposes.

A hill to be entitled an act to establish the City Couet of Coffee county, and for other pntposes.

WEDNESDAY, DECK\IBER 16, 1896.

-!47

X bill to be entitled an act to repeal the second sec- tion of an act approved March 1, 1875, to fix the compensation of ,Jefferson county treasurer, and for other
purpos~s.

A bill to be entitled an ad to prohibit hunting ot fishing on the lands of another in the county of DeKalb, and for other purposes.
Also, a bill to be entitled an act to incorporate the town of Rochelle into the city of H.ochelle, and for othet purposes.

Respectfully submitted. WESI~EY SHROPSHIRE, Chairman.

Mr. \Vestmoreland, Cnairma n of the Engrossing Committee, submitted the following repol't:
Mr. President:
The Engrossing Committee direct me to repott the follmving Senate bill as propel'ly engwssed and ready to be transmitted to the Honse, to wit:
A bill to be entitled an act to requiL"e the natme of alcoholic drinks and narcotics to be tauglt in the public scl10ols of this State.
Respeetfnlly submitted.
G. F. WEST~lORELA.ND, Chairman.

4-!8

JounNAL OF THE SENATE.

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

JJr. President:

The Committee on Corporations have had nuder eonsideration the following House hills, which they direet me to report to the Senate, with the request that tbey be read the second time aud recommittell to the Corporation Committee :

A bill to authorize the city council of Augusta to improve the side,Yalks of the city of Augusta, am~ for other purposes.

Also, a bill to be entitled an ac;t to amend the charter of the Georgia College of Eclectic :Medicine.

Also, a bill to amend, change and repeal the charter of the towu of Arabi, in Dooly county.

A bill to repeal an act incorporating the city of Tallapoosa, in the county of Haralson.

A bill to reincorporate the town of Lavonia, and for other purposes.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

Mr. Brinson, Chairman of the Enrolling Committee, submitted the following report:

Jlfr. President:

The Enrolling Committee have examined and direct

-WEDNESDAY, DECEMBER 16, 1R96.

449

me to report as duly enrolled and ready foe the signatures of the President and Secretary of the Senate, and the Speaket and Clerk of the House, the following bills and resolutions, to wit :

A resolution extending sympathy to the Cubans, and for other purposes.

Also, an act to incorporate the city of Elberton, in Elbert coUttty, to ehange the name of the town of Elberton to the city of Elberton, and for other purposes.

Also, an act to make penal the collecting or receiving of fees for obtaining pensions.

Also, an act to make certain and peovide for the payment of costs in civil cases in the County Courts and the Justices Courts, and for other purposes.
Also, an act to incorporate the town of Plains.
Respectfully submitted.
E. L. BRINSON, Chairman.
Mr. Cook, Chairman of the Committee on the Penitentiary, submitteJ the following report:

1vir. President:
Your Committee on the Penitentiary have had under consideration the following resolution, which they dieect me to eeport back, with the recommendation that the same do past~ as amended, to wit:

A resolution peoviding for the appointment of a joint
29 s

450

.Joutt:-:AL oF TilE SE:\"ATE.

committee from the St.Jnate and House to investigate and report upon a suitable plan for the disposition of the conviets of this State after the expiration of the term of the present lease, etc.

Also, the following resolution, to wit:

"'A resolution indorsing the application for pardon of Hany Hill and Lord Beresford.
. Respectfully submitted. PHIL COOK, Chairman.

The following message was reeeived from the House through ~fr. Hardin, the Clerk thereof:

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

A bill to amend the public school system of Madison, Ga.

A joint resolution pmviding for btinging np the unfinished business of the present session, introduced uy Mr. ""Witcher, was read, adopted imd ordered to be immediately transmitted to the Honse.

The report of the Committee on Agriculture on the bill of the Senate to require the Commissioner of Agricultme to establish a speeial department of Horticulture and Pomology, and for other purposes.

The committee tepottetl in favor of its passage with an amendment, which was acloi1te<l, and the report was agreed to.

WEDNESDAY, DECE)IBER 16, 1896.

451

The bill was read the thitd time and passed as amended; ayes 24, nays 4.

This bill was ordered to be immediately transmitted to the House.

~fr. Blalock, Chairman of Committee on Finance, submitted the following report:

Jlr. President:

Yonr committee have had under consideration the following bill, which they instn1et me to repcnt back, with the recommendation that same do pass, to \Vit:

A bill to be entitled an act to pay fot< and retire bonds of the State as they mature, and for othet purposes.
Also, the following resolution :

A joint resolution to snspend the collection of State taxes in the county of Mcintosh.

Respectfully submitted.

A. C. BLALOCK, Ch,airman.
}.lr. ~Vestmoreland, Chairman of the Committee on Engrossing, submitted the following repott:

Jlr. Prc8iclcnt:

The Committee on Engrossing have had uuder consideration the following bill, which they report ptopetly engrossed and ready to be tnmsmitted to the House, to wit:

452

JoURNAL OF THE SENATE.

A bill to be entitled an act to establish the city court of Baxley, in Appling county, and for other purposes.

Respectfully submitted. G. F. WESTMORELAND, Chairman.

Mr. Comas introduced a resolution authorizing the Secretary to make certain conections of clerical errots iu the bill of the Senate, to establish a City Court of Appling county,. caused by imperfections in the typewritten copy of the original bill.

Judge G. S. Rountree, by resolution of Mr. Kemp, was tendered a seat in the Senate.

The Senate took up the rep01t of the Genetal Judiciary Committee on the bill of the Senate, to amend an act approved December 20, 1893, entitled an act to p1ovide fm the filing, hearing and determining of contests in contested elections in this State, and for other pULposes.

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

The bill was read the third time and passed as amended; ayes 27, nays 0.

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

Jfr. President:

The Enrolling Committee have examined and direct me to report as duly enrolled and ready for the signa-

WEDNESDAY, DECEMBER 16, 1896.

453

tures of the President and Secretary of the Senate the following bills, to Wit :

An act to change the ptesent corporate limits of Ameticus, so as to exclude f'tom the corporate limits lands known as the Leeton Patk Laud Company.

Also, an act to incorporate the town of Baldwin, in the counties of Banks and Habersham, and for .other purposes.

Also, an act to pL'escribe l'egu1ations for conducting the business of the Supreme Coutt on and after the 1st day of January, 1897, etc.
Respectfully submitted.
E. L. BRINSON, Chairman.

The following bills of the House wete read the first time and refened as indicated, to wit:

A bill to amend the title of an act to entitely pro-' hibit the sale of intoxicating liquol's within the county of Irwin, apptoved Octobet 15th, 1879, and for othet purposes.

Referred to the Committee on Temperance.

A bill to amend the chartet of Bowersville, in Hart county.

RefetTed to the Special Judiciary Committee.

A bill to amend an act to create a park and tree commission for the city of Savannah.
Referred to -the Committee on Corporations.

454

JOURNAL OF THE SENATE.

A bill to fix a salary for the Commissioner of Roa!ls and Revenue of Irwin county.

Referred to the Special J ucliciary Committee.

A bill to abolish the city comt of Coffee county, and for other purposes.

Refened to the Special Judiciary Committee.

A bill to authorize J. C. K. Cotter to peddle without license.

Referred to the Finance Committee.

A bill to repeal an act amending the liquot law for Hart county, and for other purposes.

Refened to the Committee on Temperance.

A bill to amend an act creating the city court of DeKalb county, approved December 13, 1893, by creating the office of Solicitor of said city court of DeKalb county.

Referred to the Special Judiciary Committee.

A bill to create a Board of Commissioners of Roads and Public Buildings and Public Property and Finance for the county of Lee.

Refet-red to the Special J ucliciary Committee.

A bill creating a Board of County Commissioners of Roads and Revenue for Charlton county.

Referred to the Special Judiciary Committee.

\VEDXESDAY, DECEMBER Hi, 1896.

455

A hill to amctHl charter of the town of Colquitt, <~ntl for other purposes.

Refel'l'ecl to the pommittee on Corpomtions.

.A bill to authorize the establishment of chain-gang farms or other enteq11'ises in this State, and fo1 other purposes.

Refened to the Committee on tl1e Penitentiary.

A bill to provide for the issuing of bonds by the town of Xorcross, etc.

Refet'I'ell to the Special Judiciary Committee.

A bill to amell(l the County Commissioners law of Bibb county, etc., and for other purposes.
Referred to the Special J udieiary Committee.

A bill to amend. an act ineorporating the town Jefferson, in the county of Jackson, and for other purposes.

Refel'l'ed to the Special J uuiciary Committee.

A bill to ameud the public school system of Madison, Georgia.
Referred to Speeial J udiciaty Committee.
A bill to provide for the payment of costs of court in the trial of misdemeanor cases in this State.
Referred to the Geneml J udiciaty Committee.
And a resolution to appropriate sixty dollars to pay the pension of Mts. Delila Owens, of Rabun county.
Referred to the Committee on Pensions.

456

JouRNAL oF THE SENATE.

Mr. Kilpattick moved to take from the table a resolution of the Senate to appoint a joint committee on lease of convicts.

Mr. Thomson moved to lay this motion on the table, which prevailed.

Mr. Kilpatrick again moved to take the resolution from the table, and the motion prevailed.

The Committee 011 the Penitentiary, to whom this resolution was refened and recommitted, repotted in
of favor its passage with amendmelltS, which were
adopted.

Mr. Hopkins proposed to amend the repott of the committee as follows:

Amend sectio11 2 by striking out all after the 4th li11e of said section.

This ame11dment had the effect to deny the committee the right of visiting such prisons and reformatories in the United States as they might deem necessary.

On the adoptio11 of this amendment the ayes and nays were demanded and recorded.

Those who voted in the affirmative were Messrs.-

Allen, Atkinson, Brinson, Brooke, Castleberry, Culver, Flynt, Goldin,

Golightly, Gray, Hopkins, Kemp, Redwine, Sheffield, SLropshi e,

Starr, Strother,
ThOl}lSOn,
Van Buren, walker, 18th, Westmoreland, Witcher.

WEDNESDAY, DECE~BER 16, 1896.

457

Those who voted in the negative were Messrs.-

Battle, Carter, Comas, Cook, Everett,

Flewellen, Geiger, Hudson, Kilpatrick, Mann,

Stewart, Z7tb, Turnet, Walker, 40th. Wilcox, Wooten,

Those not voting were Messrs.-

Blalock, Dunwody, Ham,

McFarland, Stevens,

Stewart, 34th, Mr. President.

Ayes 22. Nays 15. Not voting 7.

So the amendment of Mr. Hopkins was adopted.

Mt. Shropshire moved to reconsider the amendment of the comt:nittee, to be added at the end of section 2 of the resolution, assuming that this amendment was m direct conflict with the amendment of Mr. Hopkins.

The amendment referred to in the motion of Mr. Shropshire is as follows, to wit:

"Amend the resolution by adding at the end of section 2 the following words: 'Provided, that said committee shall not visit any pl'isons and reformatories of othet States until they have fully exhausted all the sources of infomuttion; and provided further, that in no event shall said committee so visit said prisons and reformatories unless, in the opinion of a majority.of the committee, it be absolutely necessaty for the acquisition of the information sought; ptovided further, that the total amount to be expended by said committee shall not exceed the sum of three thousand dollas.' "
Pending action upon the motion of Mr. Shropshire to reconsider the adoption of the foregoing amendment,

458

JOUlt~AL OF TilE ~El\ATE.

Mr. 'l'nl'llet rose to a point of 01der, assuming that there being a direct conflict between the amendment of the committee and that of Mt. Hopkins, the act of the Senate in adopting the latter was nugatoty. The President ovenuled this point of otder, stating that it was not made before the action of the Senate in adopting the amendment of Mr. Hopkins;. that he would not now say what his ruling would have been had the point of order been made in time.

Pending the question of reconsidering' the amendment of the committee, specified by :M:t. Shropshite in his motion, the Se1utte adjoul'lled until 7:30 o'clock tonight, leaving the motion of Mt. Shropshite as unfinished business.

Mr. Gray, of the T.wenty-thitd Distti.ct, Chaitman pro tem. of the Committee on Appropriations, submitted the following report:

.ilfr. President:
Your Committee on Apptopriations have had undet considetation the following House bills, which they recommend do pass:

A bill to be entitled an act to appropriate thitty-:five thousand dollars to pay for prit~ting and publishing the Code of 1895, etc.

Also, a bill to be entitled an act to appropriate twenty-s~ven hundred and fifty dollats for the purpose of reimbursing the commissioners to codify the Laws of Georgia fot certain expenditmes, .etc., etc.
Also, they instl'Uct me to repott the following resolution fav01ably:

WEDKESDAY, DECEMBER 16, 1896.

459

A resolution making an additional appropriation for con ti ngen t fund and fot repai t'S to the pu blie buildings for the year 1896.

Respectfully submitted.

C. G. GRAY, Chaitmau pro tern.

Upon motion, the Scn.ate adjonmed until 7:30 o'clock p.m.

7:30 O'clock p.m.
The Senate met pmsuant to adjoumment and was called to order by the President pto tem.
The roll-call was, on motion, dispensed with.
Mr. Flewellen submitted the following report:
1lf1. President: The Committee on Pensions have had under consider-
ation the following resolution and bill, which they ditect me to report back, with the recommendation that they do pass, to wit:
House Resolution No. 56, "to appropriate two hundted and twenty-five dollars for pensions of' certain Confederate soldiers."
Also, House Bill No. 31, to be entitled "an .act to make clear and define the meaning of an act entitled an act to allow pensions to certain Confederate widows, and for ot!Jer purposes."
E. A. FLEWELLEN, Chairman.

460

JOURNAL OF THE SENATE.

The following bills and resolutions of the Honse were read the second time and passed to a thitd reading, to wit:

A bill "to appwpriat"e $2,750 for the purpose of reimbursing the commissioners to codify the laws of Georgia appointed under the acts of the General Assembly, approved December J 9, 1893, for certain expenditures incutred by them in the matter of performing the duties as such codifiers."

A bill "to make clear and define the meaning of an act to allow pensions to certain Confederate widows, and for other purposes."

A bill "to appwpriate $35,000 to pay for printing and publishing the Code of 189.5, and to pay for superintending the printing of said Code."

A resolution to appropriate $225.00 for pensions of certain Confederate soldiers.
And a resolution ''making additional appropriation fot contingent fund and for repairs to the public buildings for the year 1896."

The following message 'vas received from the House through l\h. Hardin, the Clerk thereof:

Mr. President:

The House has passed the following House bill by the requisite constitutional majority, to wit:
A bill to establish a dispensary in the town of Fort Gaines.

"WED.NESDAY, DECEliBER 16, 1896.

461

Mr. Brooke, Chairman pro tem. of the Committee on Engrossing, submitt~d the following report:

Jir. President:
Your committee have had under consideration the fo1lowing bill, which they find properly engtossed.aucl ready to be transmitted to the House, to wit:

A bill to be entitled an act to require the Commissioner of Agriculture to establish a special department of Horticultute aud Pomology, and for other purposes.
Respectfully submitted.
J. P. BROOKE, Chairman pro tern.

Mr. Brooke, Chairman pro tern. of the Engrossing Committee, submitted the following report:

Jfr. P1esident :

The Committee on Engrossing have examined and direct me to report as duly engrossed and ready to be tmnsmitted to the House, the following Senate bill, to wit:

A bill to amend an act to provide for the filing, hearing and determining of contests in contested elections.

Also, a resolution autho1izing the President and Secretary of the Senate and Speaker and Clerk of the Honse, and certain other officers of the General Assembly, to remain aftet the adjournment to bring up unfinished business.
Respectfully submitted.
J. P. BROOKE, Chairman pro tern.

462

JouR~AL OF TIIB SE:"ATE.

Tbe unfinishe!l business of the momiug sesswn was resumed, to wit:

A ref'olution of the Senate to provide for a joint committee on the convict lease system, the motion of l\fr.. Shropshire to reconsider the ameudmcnt of the committee which is spread in full on the Journal of the 11lOl'n.lllg seSS.IOn.

The motion to reconsider did not prevail.

'l'he motion to reconsider the amendment of ~fr. Hopkins, also sptead on said Joumal, was reconsidered.

'l'he report of the committee was agreed to.

The resolution was read the third time, and on the c1uestion of agreeing thereto, the ayes and nays were demanded.

Those who voted in the affirmative were :l\Iessrs.-

Battle, Carter, Culver, Dunwody, Everett, Flewelhm, Flynt,

Geiger, Goldin, Gray, Hudson, Ktlp:1trick, ill ann, ?II eFarland,

Stewart, 27th, Stewart, 3-!th, 1'urner, Walker, 40th, Wilcox, Wooten.

Those who voted in the negative were :Messrs.-

Allen, Blalock, Brooke, Castleberry, Golightly,

Hopkins, Kemp, Reuwine, Shropshire, Strother,

Thomson, Yau Buren, walker, lStb, "\Vestmorelanu, Witcher.

'VED~ESDAY, DECEliiBER 16, 1896.

463

Those not voting were Messrs.-

Atkinson, Brinson, Comas,

Cook, Ham, Sheffield,

Starr, Ste\ens, J\Ir. President.

Ayes 20. ~ay'> 1il. Xot voting 9.

So the resolution was agreed to as amended.

Mr. Golightly, Chairman of the Committee on Corpomtious, submitted the following report:

Jfr. P1esident:
The Committee ou Corporations have had the following bills under consideration, and direct me to report back that sai1l bills be read the second time aud recommitted to said committee, to wit:
A House bill to be entitled au act to repeal tbe la.ws incorpomting the town of Buford and enacting a new charter for the same.

Also, a House bill to be entitled an act to establish a ue" eharter for the town of Abbeville, in the county of Wilcox.
Respectfully submitted.
J. F. GOLIGHTLY, Chairman.

On motion of Mr. Walker, of the Eighteenth District, the Senate took up the repott of the Committee on Corpomtions on the bill of the House "to authorize the City Council of Augusta to grant the use of the stteets

464

JouRNAJ, OF 'riiE SENATE.

of the city of Augusta to any rail wad company ot cotporation uy steam locomotives Ol' other power," etc.

The repott was agreed to.

The bill was tead the third time and, on motion, laid on the table.

The Senate took up the report of the Committee on Cotporations on the bill of the House "to amend the charter of Battle Hill, and fot other ptHposes."

Proof of legal notice was submitted.

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

The bill was read the thitd time and passed as aniended; ayes 24, nays 0.

Mr. Battle, Chairman 0f General J tH.liciary Committee, submitted the following report:

Mr. President: The Committee on General Judiciary have had under
consideration the following Honse bill, which they direct me to report, with recommendation that it pass:
A bill to repP-al an act incorporating Homerville, iil Clinch county.
Also, the following House bill as amended:
A bill to provide for enforcing the rights of a trustee. Respectfully submitted.
C. E. BATTLE, Chairman. :

'VED::\'ESDAY, DECEl\IBER 16, 1890.

-!65

:Mr. :McFarland, Chairman of the Committee Oil Public Roads, submitted the followiug report:

Jlr. Prcsidcut:
The Committee Oil Public Roads have ha<l nuder cousideration the followiug House bill, whicli they instruct me to report back, with the recommenclatiou that the same he reacl the secoud time and recommitted to the Committee on Special Judiciary, to wit:

Honse Bill No. 3-!8, a bill to be entitled an act to create a Board of Commissiouers of Hoads and ReYeunes for the county of Pulaski, and for other purposes.
'l'he committee have also had nnller consideration a joint resolntion from the House, which they direct me to report back, with the recommemlntion that the same do pass, to wit:

A joint resolution, No. 107, authorizing the Govemor to appoint delegates to the Good Roads Congress at Orlando, Fla., February 2, 1897.
Respectfully submitted.

T. F. :\1cFARLA:XD, Chairman.
Mr. Cuher, Chairman of the Committee on the State of the Republic, submitted the following report:

Mr. Prc8idcnt:
The Committee on State of the Hepublic have had under consitleration House Bill No. 301, entitled an act. to protect fish, oysters, clams, tenapins, cmbs, prawns
30 s

466

JOURNAL OF TOE SENATE.

and other food products in Christmas cteek and inlets tributaty thereto, and fot other pnrposes, which I am instructed to repott back to the Senate, with the recommendation that the same do pass.
Respectfully submitted.
JOHX L. CULVER, Chaitman.

::\Ir. Sttother, by general consent, introduced a hill "to ametHl section 2 of au net of 1890 and 1891 providing fot examining pension rolls by the gmnd juries of the State, and to sttike thetefrom all names of all Confeclemte soldiers or widows whose taxable property amouuts to sixteen hundted dollars or more."

This bill was read the first time and refened to the Committee on Pensions.

The following bills of the House were laid on the table until the next session, to wit:
A bill "to establish a City Court for the city of Monroe, in \Valton county."

Also, a bill "to repeal an act to create a Couuty Court for the county of Walton."

'I'he Senate took up the report of the Committee on Appropriations on the resolution of the House "to pay the Doorkeeper of the House."

This resolution was read and concurred in by ayes 26, nays 3.

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

WEDNESDAY, DECEl!IBER 16, 1896.

-167

A bill "to pay for and retire bonds of the State as they mature."

Also, a bill "to protect fish and oystel"s, etc., in Christmas creek and its tl"ibutaries."

A resolution "to appoiut delegates to the Good Roads Cong!"ess at O!"lando, Fla."

Also, a resolution "to suspend the collection of State taxes in the county of Mcintosh for 1896."

The following billo; of the House were read the second tiP1e aud recommitted, to wit:

A bill "to repeal an act inco!"porating the city of Tallapoosa."

Also, a bill "to authorize the sale of the :Northeastern Raill"oad."

Also, a bill "to amend the charter of the College of Eclectic ~1.ediciue anJ Surgery."
Also, a Li ll "to incorporate the town of Rochelle."
Also, a bill "to incorpol"ate the town of Livonia."

A bill to repeal the charter of the town of Arabi.
A bill to repeal all laws incorporating the town of Buford.
A bill to establish a new charter for the town of Ab.beville.

468

J o umaL OF THE SENATE.

A bill to authorize the city of Augusta to improvethe sidewalks.

A bill to create a Board of Commissioners of the county of Pulaski.

A bill to establish a system of public schools for the town of Raccoon.

A bill to prohibit hunting and fishing on the lands of anotbet in DeKalb county.

A bill to fix the compensation of the County TreasUI'er of J e:fl'erson.

A bill to establish a City Court in Cuffee county.

And a resolution for the relief of the Darien and 'Western Railroad.

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

Senate Chamber, Atlanta, GeOLgia, Thursday, Decembet 17, 1896, 10 O'clock a. m.
The Senate met pursuant to adjournment, and was called to order by the .President pro tern.

Prayer was offered by the Chaplain.

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

Alleu, Atkinson, .Battle,

Flynt, Geif!er, Goldin,

Stevens, Stewart, 34th, Strother,

THURSDAY, DECEMBER 17, 1896.

469

Blalock, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, l<'lewellen,

Golightly, Gray, Hopkins, Hudson, Kemp, Kilpatrick, 1\IcFarland, Redwine, Starr,

Thomson, Turner, Van Buren, \Valker, lHth, Walker, 40th, vVestmoreland, Witcher, \Vooten, Mr. President.

Those present were ::Jiessrs.-

Brinson, Ham, 1\1ann,

Sheffield, Shropshire,

Stewart, ~itb, Wilcox.

Mr. Van Buren, Chairman of the Committee on Jom~ nals, reported the Journal correct.

It was read and confirmed by the Senate.

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

J.ll r. President:

The House has concurred 'in the Senate amendments two and four, and refuses to concur in amendments 111 Dne and three, to the following House bill, to wit:

A bill to authorize solvent Guarantee companies, Fidelity Insurance companies and Fidelity Deposit -companies to become surety upon attachment bonds, and upon the bonds of City, County and State officers.

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

A bill to amend the charter of the city of Atlanta.

470

.JouRNAL OF THE SE~ATE.

The House has passed the following House bill~ by the requisite constitutional majority, to wit :

..A bill to amend an act to revive the office of State
Geolog-ist, approved Novembet 12th, 1889.

Also, a bill to create the office of Commissioner of Pardons, to provide for his appointment, and define his duties.

Also, a bill to pwvide for the compensation of the Ordinary of Twiggs county for extra services.

Also, a bill to prevent the adulteration of candy.
Also, a bill to amend an act approved December 16, 1895, to regulate the retums fot consigned goods and farm products.

Also, a bill to regulate the takiug of fish 111 the streams of Whitfield county.

Also, a bill making it unlawful fot Fire Insurance Companies, not incOl'porated by the laws of Georgia, but legally licensed to transact business of fire insurance, except under such regulations.
The House has also adopted the following resolutions in which the concurrence of the Senate is asked, to wit:
A resolution to suspend the collection of taxes fM the county of Charlton for the year 1896, untill<'ebruary 1st, 1897.
Also, a resolution to pay the pension of Sarah ,J. SelL

THURSDAY, DECKMBER 17, 1896.

471

Me. Hopkins mo,ed a reconsidemtiou of the action of the Senate of yestetday on the resolution of the Senate "to appoint a joint committee on lease of convicts,'' etc.

The point of otder was made that the resolution had once been reconsitlere<l, and consequently the motion of ~fr. Hopkins was not admissible undet the rules of the Senate.

The President reviewed the history of the resolution in detail and sustained the point of onle1, atHl declared that the resolution could not again be reconsidered.
)ft-. Bel'ller ptoposetl the following onler of business, which was adopted:

1st-Reading of Honse bills fitst time fot reference.
2<1-Reading of House bills second time favombly repoJtetl.

3tl-This is to be subject at all times to the consideration of the appl'Optintion bill and tax uill.

The following messnge was received ftom the House tlll'ongh )lt-. Ilal'tlin, the Clerk theeeof:

Jfr. President:
The Honse has passe<! the following House bills by the requisite constitutional majority, to wit:

A Lill to regulate the Lnsiness of Ftatel'llal Beneficiary orclers, and fot other purposes.

472

J OUltN AL OF TilE SEN ATE.

Also, a bill to amend an act to give the Commissioners of Roads and Revenues ot the Ordinaries of each conn ty the authority to lay out, open and continnue public roads and to levy tax fot same.

Also, a bill to regulate the business of all Debenture Redemption Companies.
Aiso, a bill to create a Board of Pension Commissioners for each county and provicle for their appointment.
The House bas also adopted the follo"ing resolutions in which the coneunence of the Senate is asked, to wit:
A resolution authorizing the Public Printer to print the acts and resolutions of the General Assembly.

Also, a resolution authorizing M. A. Hardin, Clerk of the House, and \Vm. Clifton, Secretary of the Senate, to prepare, publish and mail to each member a statement of the unfinished business of the session at the time of adjournment.

The Honse l1as concurred 1n the Senate amendment to the following House bill, to wit:

A bill to amend the chartet' of Battle Hill, in the county of Fulton.

::\fr. Brinson, Chairman of the Committee on Enrollment, submitted the following report:
M1. President:
The Enrolling Committee haYe examined and direct

THURSDAY, DECE)IBER 17, 1896.

473

me to report as duly enrolled and ready for the signatnre of the Ptesident. and Secretary of the Senate, the following bills a!.lcl resolutions, to wit:

An act to authorize the Superior and City Conets of this State to be held at place or places other than thtair respecti\'e court-hottses, when fot causes it is impmcti<:able to hold the same in such court-house, and for other purposes.

Also, an a.ct to repeal an act to reqnire Spalding <:ounty to pay the officets of court the costs now allowed by law in ench case convicted and worked in the <:hain-gang of said county.

Also, an act to appropriate the ptoceells ftom the hite of misdemeanor conYicts in the N orthem Judicial Circuit to the payment of costs accrning to ofiicets, approved October 15, 1887, so as to exempt Wilkes county ftom the pl'Ovisions of that act.

Also, an act to prescl'ibe anu define a scholastic month.

Also, an act to enlarge the corporate limits of the city of Albany, in Dougherty county, and fot othet purposes.

Also, an act to amend an act of the General Assembly of Georgia, apptoved October 30th, 1885, entitled an act to regnlate and control certain convicts in the con nty of Bibb, approved ~'ebtnaty 27, 1887, anrl for other purposes.

Also, an act to abolish the City Court of Elbert <:ounty; to provide that all cases pending therein and

474

J OUR~AL OF TilE SEN ATE.

all unfinished business, b\10ks, papers and records thereof be tmnsfetTed to the City Court of Elbett.on, and for other purposes.

Also, an act to incorporate the town of YatesYille, in the county of Upson, to gmnt certain powers and priYileges, and for othet purposes.

Also, an act to authorize the Commissionets of the village of Summerville, in Richmond county, to provide for the tegistration ~f the qualified voters of said ,-illage.

Also, an act to provide additional compensation for the sheriff of the Supreme Coutt and in the llltlllner in which it shall lie paid.

Also, an act to change the time of holding the fall term of Henl'y County Snpeeiot Court, and for othee ptll'posef'.

Also, a resolution petitioning the President of the United States to suspend the sentences of tevenue violators.

Also, an act to fix the bond of the Treasutet of Richmond county, and for othet pULposes.

Also, an act to repeal an act approved Febtuary 28, 1876, providing that the insolvent costs of the Solicito1 mentioned in said amendatol'y act, shall he paid from tunds realized from hil'ing convicts of said county colll't in \Vill..:es county.
Also, an act to provide compensation for Election )fanagers and Clerks in the county of Wilkes, and for other purposes.

THURSDAY, DEC'E:\IBER ] 7' 1896.

-!7 &

Also, an ~ct to authorize the town of Royston, in the county of Franklia, tluough and by its officers, to issue aQd sell the bonds of said town, not to exceed in amount the constitutional limit, for purposes of ereeting in and for said town public school buildings, to provide for payment of the 11rincipal and interest on said bon.cls as the same may pecome due, by the levy of a tax upon the property of said town, ancl for other purposes.

Respectfully submitted. E. L. BRINSO~, Chairman.

Mr. Golightly, Ubairman of the Corporations Committee, submitted the following report :

.111-. President:
Your committee have had nuder consideration the following bills, which they instruct me to report back, with recommendation that same do pass, to wit:

A bill to amend a11 ad to create a. Park and Tree Commission fol" the city of Savannah.

A bill to amet>tl the chartel" of the Georgia College of Eclectic Medicine.

Also, the following to be !"ead the second time and recommitted, to wit:

A bill to amend the charter of the town of Colquitt, and fol" othel" purposes.
A bill to declare nnlawful all trusts and combinations in restraint of trade, and for other purposes.
Respectfully submitted. J. F. GOLIGHTLY, Chairman.

476

J OUR~AL OF THE SEN ATE.

Mr. Stevens, of Eleventh District, Chaim1an of Committee on Appropriations, submitted the following report:

Jlfr. P1esident:
Your Committee on Appropriati.ons have had under -consideration the following House resolutiou, which they recommend do pass, as amended :

A resolution to pay M. J. Walker for reporting stenographically the evidence in the convict investigation.

Respectfully submitted. 0. B. STEVENS, Chairman.

The bill of the Honse, to establish, maintain and regulate a dispensa'Y in Fott Gaines, was read the first time and referred to the General Judiciary Committee.

The special otdet of this morning was taken up, to wit:

A resolution relating to the response and charges of Mr. Carter, of the Thirty-first District, togethet with said response and all matters germane theteto.

The resolution was adopted and was ordered immediately transmitted to the House of Representatives.

Mr. Battle, chairman of the joint committee on the part of the Senate to ascertain and report at what time the ptesent General Assembly will adjourn, submitted the following report:

THURSDAY, DECEl\IBER 17' 1896.

..j. 7 7

,lfr. Prcs-ide11t:
The joint committee appointed on pat-t of the SE:nate and House to ascertain and repot;t at what time the preseut General Assembly would adjourn, beg leave to submit the following report:

The constitutional limit of fifty days will expite on Sunday next, the 20th inst., but as the General Assembly cannot sit in session on the Sabbath, the committee is of the opinion tlutt the General Assembly will have to adjoum on Saturday, the J 9th inst., which will make forty-nine days that the General Assembly will have been in session.

The committee is further of the opinion that as the General Assembly will only have been in session fot forty-nine Jays, that the members of the General Assembly should only (h-aw per diem for forty-niue clays.

The committee recommends that the General Assem, bly adjourn on Saturday next, and further recommend that pel' diem sb~ll only be dmwn for forty-nine days by the members.

Respectfully submitted.

C. E. BATTLE, Chairman Senate Committee.

P. vV. MELDRIM, Chairman House Committee.

The resolution mentioned in the foregoing report was taken up, read, ~greed to, and ordered to be transmitted to the House.

478

JounxAT, Ol!' THE S!<!NATE.

1'he Senate took up the report of the Committee on Corporations on the bill of the House ''amending the chat-ter oftlie town of Davisboro, in \Vasltingtou county, and for other purposes."

Proof of legal notice was submitted.

'l'be report was agreed to.

The bill was read the third timeand passed; ayes 23, nays 0.

A resolution of the Senate from the Committee on the Penitentiary, indorsing the application for panlon made by Harry Hill and Lord Beresf01d, was taken up, read and agreed to.

Mr. Sheffield was gtanted leave of ahsence on important business.

The report of the Committee on Corporations on the bill of the House "to authorize the City Council of Augusta to gtant the use of the stteets of said city to the use of railroad companies," etc.

The report was amended as follows: "Provided, That nothing in this act shall be construed to compel the City Council to consent to the laying of tracks, nor to compel it to consent to the use of passenger street raihoad tracks by steam railroads; but whenever steam railroad tracks are laid along or across any street by virtue of the permission of the City Council of Augusta, all steam railroads now or hereafter to be constructed and entering said city shall ha,e the right to use said .steam railroad tracks upon "equitable terms. Nothing herein contained shall be construed to authorize the

THURSDAY, DECEMBER 17, 1896.

479

said City Council to grant the exclusive use of streets for tracks to any one or more corporations."

rrhe report was further amended, on motion of ~1r. Golightly, by striking the \Yord "Sauntlersville," in the uineteenth line of section 1, and iuserting the word "Summerville."

The committee reported in favor of its passage, with amendments which were adopted.

The report, as amended, was agreed to.

The bill was read the third time and passed as amended; ayes 28, nays 0.

On motion of ~1r. walker, of the Eighteenth, this bill was ordered to be immediately transmitted to the House.

The following message was received from tl1e House through Mr. Hardin, the Clerk theteof:

Jfr. President:
The Honse has passed the following Senate bills by the requisite constitutional majority, to wit:

A bill to authorize the mayor and council of ~1illen to issue bonds for school purposes.

Also, a bill to require the tax-collectors of this State to make monthly reports, under oath, of all taxes collected.

Also, a bill to repeal the third section of an act to provide for the appointment of auditors.

480

JouR~AL OF TIIE SE~ATE.

Also, a hill to authorize the Ordinary of Appling county to organize chain-gangs of the misdemeanor convicts and work them ou the roads in saill county.

Also, a bill to repeal an act to tix the eompeusation of the eoniJty treasurer of Meriwether county, and to provide for his compensation.

A !so, a bill to amend seetion 428 of the tl1ird volume of the Code of 1895.

The House has also passed the following Senate bills as amended, to wit :

A bill to authorize the Atlanta, Knoxville and Xorthern Railway Company to acf!uire certain rights iu the use of the tight of way of the Western and Atlantie railroad.
Also, a bill to prohibit the practiee of law, medicit~e, dentistry, etc., in this State without having paid the special tax as required by law.

The House has also adopted the following Senate resolution, to wit:
A resolution to authorize the President of the Senate and Speaker of the House, atHl other officers of the General Assembly, to remain after adjoumment and finish np the unfinished business.
The following message was received from the House through Mr. Hardin, the Clerk thereof:
JI r. President:
The House has concurred in the Senate substitute as amended for House bill, to wit:

THURSDAY, DECE)fBER 17' 1896.

481

A bill to amend au act for the protection of game in this State.

The House has also auopted the following Senate resolution, to wit:

A resolution requesting the General Assembly of Tennessee to enact appropriate legislation authorizing the filing of certain official maps of the vVestem and Atlantic Hailroau, giving the same the force and effect of a record of deeds to lands.

The Senate took np the report of the Committee on Corporations on the bill of the House "to alter and amend the charter of the town of Batnesville, in the couuty of Pike, aml for other purposes."

Proof of publication was submitted.

The report was agreed to.

The uill was read the third time and passed; ayes 28, nays 0.

Mr. Atkinson was granted leave of absence foe the remainder of this day's session on account of sickness.

Mr. Slnopshi re, Chai tman of the Special J ucliciary
Committee, submitted the following report:

:111. President:

The Special J udieiary Committee have had under consideration the following House bills, which they direct me to report with recommendation that they do pass.
31 s

482

JOURNAL OF THE SENATE.

A bill to establish,'maintain and regulate a dispensary in the town of Fort Gaines, Clay county, and for other purposes.

Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Pulaski.

Also, a bill to amend an ad incorporating Bowersville, in Hart county.

Also, a bi 1l to amend an act to establish a Board of Commissioners of Roads and Heveuues of Bibb county.

A bill to create a Board of Commissioners of Roads and Reven nes for Lee county.

Also, the following bill as amemled:

A bill to provide for the issuance of bonds for the town of Norcross.

Also, a bill to provide when the stock law shall go into effect where any militia district in the future may adopt the stock law, do pass by substitute.

Respectfully submitted.

"WESLEY SHROPSHIHE, Cl1airman.

Mr. Stevens, of the Eleventh District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:

Your Committee on App1opriations have had under consideration the following House bill, which they

THURSDAY, DECEl\fBER 17, 1896.

483

instruct me, as their chairman, to report back to the Senate with the recommendation that the same do pass as amended :

A bill to be entitled an act to make appropriations for the ordinary expenses of the Executive, Judicial and Legislative Departments of the government; payment of the public debt and interest thereon, and for the support of the public institutions and educational interests of the State for each year of 1897 and 1898, .and for other purposes.

Respectfully submitted.
0. B. STEVENS, Chairman.
The amendments of the House to the bill of the Sen:ate "to prohibit the practice of law, medicine, dentistry, etc., without having paid the special tax as required .by law,'' etc., was taken up and concurred in.

The bill of the House "to repeal an act to create the <rffice of Commissioner of Public \Vorks for the city of Savannah," was taken up under adverse report of the Committee on Corporations and lost by agreement with said report.

The following bills of the House were read the second time and recommitted, to wit:

A bill "to declare all trusts and combinations m restraint of trade and production," etc.

Also, a bill "to amend the charter of the town of <Colquitt."

484

JOURNAL OF THE SENATE.

The following hills of the Honse were read the second time and passed to a third reading, to wit;

A bill "to amend an act to create a park and tree commission for the city of Savannah."

Also a bill "to appropriate money forM . T. Walker for reporting stenographically the evidence in the convict investigation."

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

A bill to give the Commissioners of RoaLls and Revenues and others the authority to lay out, open, change and discontinue public roads, etc.

Referred to the Committee on Public Roatls.

A resolution providing for payment of peusiou to Sarah J. Snell.

H.eferred to the Committee on Pensions.

A bill to create a Board of Pension Commissiouers for each county, and for other purposes.

Referred to the Committee on Pensions.

A bill to regnbte the benefits of all Debenture Redemption companies, etc.
Referred to the Committee on Banks.

A bill to regulate the business of Fraternal Beneficiary Orders, and fol' other purposes.
Refel'red to the General Judiciary Committee.

THURSDAY, DECEliBER 17, 1896.

485

A bill to regulate retnl'lls for consigned goods and farm products.

Referred to the General Judiciary Committee.

A bill to regulate the takiug of fish in the streams of Whitfield county.

Referred to the Special Jndicia1y Committee.

A bill to create the office of Commissioner of Par-dons.

Referred to the Committee on the Penitentiary.

A hill to amend an act to revive the office of State Geologist.

Referred to the Committee on Appropriations.

A bill to provide compensation fo1 the Ordinary of 'Twiggs county for extra services.

Refened to the Committee on Special Judiciary.

A bill to preveut the adulteration of candy.

Referred to the Committee on Manufactures.

A bill to make it uuhrwfnl for Fire Insurance Com-panies not incorporated to do certain things.
Referred to the General Judiciary Committee.

A resolution to proviJe for the suspension of the collection of taxes of Uharlton county.
Referred to the Committee on Finance.

486

JOURNAL OF THE SENATE.

A resolution providing for the printing of the Acts and Resolutions of this session.

Referred to the Committee on Public Printing.

And, a resolution authorizing the Clerk and Secretary to furnish each member of the General Assembly a statement of unfinished business.
Referred to the Committee on Public Printing.

On motion of Mt'. Stevens, Chairman of the Committee on Appropriations, the general appropriation bill was taken up for a third reading and was read.
l\Ir. Berner, the President, to reguhtte proceedings in relation to this bill, introduced the following resolutions :

1st. Resolved, That the Appropriation bill shall be considered by pamgmphs, and when each paragmph is read it shall be consi~ered as adopted, if there be no objection, withont taking a vote thereon.

2d. Hesolved, That section 4 and other contested portions of the bill shall be made the special order forto-morrow morning immediately after the reading ancl confirmation of the Journal.

The resolutions were adopted.
The Appropriation bill was pending as unfinished business when the Senate, on motion, adjourned until 7:30 o'clock p.m.

THURSDAY, DECE)lBER 17, 1896.

487

7:30 O'clock p. m.
The Senate met pursuant to adjournment and was called to order by the President.

The roll-call was, 011 motion, dispensed with.

The Senate took up the report of the Committee on Pensions on the bill of the House "to appropriate $225 for pensions of certai 11 Confederate soldiers."

The report was agreed to.

The bill was read the third time, and on the question of its passage the ayes aml nays were tecorded.

Those who Yoted in the aftlrmative were :Messrs.-

Blalock, Brinson, Brooke, Carter, Castleheny, Cook, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick,

Redwine, Stevens, Stewart, 27th, Stewart, 3-!th, Turner, 'Valker, 40th, 'Vestmoreland, Wilcox, Witcher.

Those not voting were :Messrs.-

Allen, Atkinson, Battle, Comas, Uulver, Dunwody,

:\Iann, l\1 c F a r l a n d , Sheffield, Shropshire, Starr, Strother,

Thgmson, Van Buren, Walker, 18th,
"'ooten, l\:Ir. I'resident.

Ayes 27. Nays 0. Not voting 17.

So the bill was passed by a constitutional majority.
"
The Senate took up the report of the committee on

488

JOURNAL OF THE SENATE.

the bill of the House to amend the charter of Boston, and for other pUIposes.

The report was agreed to.

The bill was read the third time and passed; ayes 25, nays 0.

The Senate resumed consideration of the appropriation bill, which, under the order of the P1esident, adopted by the Senate, was to be considered by paragraphs, and all contested portions of the bill were to .come up as unfinished business of to-morrow, immediately after the reading and confirmation of the Journal.

The bill was read by paragraphs under this order, and all paragraphs were adopted except those to which amendments were oflEned and such as are embraced in section 4. These were made the special order for this moming immediately after the reading and confirmation of the Journal.

The Senate took up the following bills of the House,

which were read the second time and passed to a third

reading, to wit:



A bill 'to amend an act to establish a board of commissioners for the county of Bibb, and to define their duties, and for other purposes."

!Also, a bill "to create a board of commissioners of roads and public buildings and public prope1ty for the .county of Lee."
ny Also, a bill "to prOYide foi the issuance of bonds
the city of Norcross."

THURSDAY, DECE:\IBER 17, 1896.

489

Also, a bill "to repeal an act amending the liquor law for Hart county."

Also, a bill "to provide for the payment of costs of court in the trial of misdemeanor cases in this State."

Also, a bill "to amend section 5 of an act approved Septembet 16, 1891, to amend an act incorporating an act to incorporate the town of Bowersville, in Hart county."

Also, a resolutiou "to approptiate $60 to pay the pension of Mts. Deliah Owens, of Rabun county."

Also, a bill ''to provide for the payment of the costs of court for the trial of misdemeanor cases in this State."

Also, a bill "to authorize J. 0. K. Cotter to peddle without license."

Also, a joint resolution to pay a pension to the widows ot minot children of certain deceased Confederate vetetaus.

Also, a resolution for the appointment of a committee of seven from the Honse and three horn the Senate to examine and report upon the amounts received by_ the University fl'Om the Federal government.

Also, a resolution to accept a portrait of the l-Ion. R. U. Hardeman, to be hung in the Treasurer's office.

Respectfully submitted.

E. L. BRINSON, Chairman.

490

JOURNAL OF THE SENATE.

Mr. Brinson, Chairman of the Enrolling Committee, submitted the following report:

Jfr. President:

'rhe Committee on Enrollment have examined and clitect me to report as dnly enrolled and ready for the signatrites of the President and Secretary of the Senate the following, to wit :

An act to incorporate the town of Mitchell, in the county of Glascock, to grant certain powers and privileges to the same, and for other purposes.

Also, an act to change the time of holding the Superior Court of Burke county.

Also, an act to prohibit the poisoning of any spring, well or reservoir of water, to provide a penalty for a violation of the same.

Also, an act to amend the general pilotage laws of this State, approved December 1, 1886, so as to reduce the number of pilots at St. Marys from eight (8) to four (4).

Mr. Golightly, Chairman of the Committee on Corporations, submitted the following report:
Jfr. President:
The Committee on Corporations have bad under consideration the following bill, which they direct me to report back with the recommendation that the same do pass, to wit:

THURSDAY, DECE)fBER 17} 1896.

491

House Bill No. 43:3, a bill to amend the charter of the town of Colquitt, and for other purposes.
Respectfully submitted. J. F. GOLIGHTLY, Chairman.

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

Mr. President:
The Committee on Corporations haYe had under consideration the following bill, which they instruct me to report back with the recommendation that the same do pass, to wit:

: House Bi_ll No. 417, a bill to be entitled an act toreincorporate the town of Lavonia, etc.
Respectfully submitted. J. F. GOLIGHTLY, Chairman.

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

Jlfr. President:

Your committee have had under consideration the following resolution, which they instruct me to report back with recommendation that the same be concmred in, to wit:

A resolution for the relief of the Darien and \Vestern Railroad.
Respectfully submitted. J. D. KILPATRICK, Chairman.

492

JOURNAL OF TUB SENATE.

Mr. W estmot'eland, Chairman of the Committee on Engrossing, submitted the following report:

Jf r. President:
The Committee on Engrossing have had under consideration the following resolution, which they direct me to report as regularly and correctly engrossed, and ready to be transmitted to the House, to wit :

A resolution to appoint a joint committee on lease of convicts, and for other purposes.
Respectfully submitted. G. F. -WESTMORELAND, Chairman.

Mr. Golightly, of Thirty-sixth District, Chairman of Corporation Committee, submitted the follo~ing report:

Jlfr. President:
Your committee have had under consideration the following House bill, which they recommend do pass:

A bill to be entitled an act to declare unlawful all trusts and combinations in restraint of trade and production, to prescribe penalties therefor, and for other purposes.

Your committee also have had under consideration the following House bill, which they recommend du pass, as amended:

A bill to be entitled an act to repeal an act incorporating the city of Tallapoosa, in the county of Haralson.
Respectfully submitted. J. F. GOLIGHTLY, Chairman.

THURSDAY, DECEMBER 17, 1896.

493

Mr. Battle, Chairman of the Gene1al Judiciary Committee, submitted the following report:

Mr. President:
The Committee on General Judiciary have had under consideration the following bills of the House, which they direct me to report, with recommendation that they do pass:

A bill to provide for the payment of costs of court in the trial of misdemeanor cases in this State, and for othe1 purposes.
Also, a bill to be entitled an act to amend an act approved December 16, 1895, to regulate the returns for consigned goods and farm products.

'fhey direct me to report the following House bills, with recommendation that they pass, as amended:

A bill to be entitled an act to create a Board of Commissioners of Roads and Revenues for the county of DeKalb, to deft ue their powers and dnties, and for other purposes, approved December 8, 1886, and for other purposes.
Also, a bill to be entitled an act to provide for the payment of the fees of the clerk of superior court, sheriff, solicitor of the county comt, justices of the peace, and for other purposes.
They direct me to report the following House bill, with recommendation that the same do not pass:
A bill to be entitled an act to amend section 3462 of

494

JounNAL OF TIIE SENATE.

the revised code of 1882 by adding a certain proviso, and for otLer pu tposes.

Respectfully submitted.

C. E. BATTLE, Chairman.
l\Ir. Flewellen, Chairman of the Committee of Pensions, submitted the following report:

Mr. President:

The Committee on Pensions have had under consideration House Resolution No. 71, to appropriate sixty dollars to pay the pension of Mrs. Delila Owens, of Rabun county, for the yeat 1895, and direct me to report it back, with recommendation that it do pass.

Also, tlenate Bill No. 72, to be entitled an act to amend section 2 of an act of 1890 and 1R91, providing for examination of pension rolls by the grand jmies of the State, and to strike therefrom all Confederate sol-diers or widows whose taxable property amounts to sixteen hundred dollars, or more, which bill I am direC'ted to report back, with recommendation that it be laid on' the table till next session.

Also, House Resolution No. 22, providing for payment of pension to Sarah J. Snell, which I am directed to report back, with recommendation that it do pass.

Respectfully submitted. E. A. FLEWELLEN, Chairma~.

THURSDAY, DECEMBER 17, 1896.

495

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

J/r. President:
The Committee on Finance have had under consideration the following House bill, which they instruct me to report back, with the tecommendation tl1at the same do pass, to wit:
House Bill No. 441, a bill to authorize J. C. K. Cotter to peddle without license.

Respectfully submitted. A. C. BLALOCK, Chairman.

::\11-. Golightly, Chairman of the Committee on Corporations, submitted the following report:

Jfr. Prcsidcut;
The Corporation Committee direct me to report the following bills, \vith recommemlation that they do pass :

A bill to authorize Augusta Uity Council to improve the sidewalks of said city.

Also, a bill to repeal all laws incorporating the town of Buford, and enacting a new charter for the same.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

496

JOURNAL OF TllE SEX ATE.

The following message was receiYed from the House through Mr. Hanlin, the Clerk thereof:

Jfr. President:

The House has concurred in the Senate ametlllments to the following House bill, to wit:

A bill to authorize the city of Augusta to grant the use of the streets of the city of Augusta to any mil road company and other corporations.

The House has adopted the following resolution, in which the concuLTence of the 8enate is asked, to wit :

A resolution that the Senators and Representatins in Congress to support House Bill No. 3273, for classification of clerks in first and second class post-offices.

The House has also passed the following Senate bills by the requisite constitutional majority, the following bills, to wit:

A bill to amend the charter of Baxley to provide for a free school system.

'l'he Senate took up the report of the Special Judiciary Committee on the bill of the Senate to proville when the stock law shall go into effect in militia districts which may adopt the stock law.
The committee reported in favor of its passage Ly substitute, which was adopted, and the report was agreed to.
The bill was read the third time and passed, as amenclell, by substitute; ayes 23, nays 0.

Tm:RSDAY, DEcmmER 17, 1896.

..J-97

A joint resolution from the Honse "to provide fo1 supplying a deficiency in the contingent fund," was read the third time anlllaid on the table.

The Senate took np the report of the General Jndicim-.r Committee ou the bill of the House'' to repeal au act to create a Board of Commist:>ioners of Roads and Herenue of DeKalb county.

Proof of legal notice was submitted.

The committee reporte<l in faYor of its pa:osage with
amendments, which were a<lopted, and the report was agreed to.

The bill was read the third time and passed as amended; ayes 25, nays 0.

The following bills and resolutions of the House were taken np under faYorable reports of con1mittees, the reports were agteed to and the bills were read the third time and pasoed, as indicated, to wit:

A bill "to repeal an act incorporating the town of Homerville, in Clinch county."
Ayes 23, nays 0.

A bill "io amend the chm-tel' of the Georgia College ofEclectic Medicine and Surgery."
Ayes 23, uays 1.

A bill "to amend, revise and alter the acts incorporating the town of whigham, iu Decatur county."
Ayes 24, nays 0.
3:1-5

498

JOURNAL OF THE SENATE.

A bill ''to repeal all laws incotporating the town of Buford and enacting a new charter."

Amended and passed; ayes 23, nays 0.

A bill to authorize the city council of Augusta to improve the streets of said city.

Ayes 23, nays 0.

A joint resolution "to appoint a committee to atten<l the commencement exercises of the UniYersity in 1897."
Ayes 2:3, nays 0.

A resolution "authorizing the GoYernor to appoint delegates to the Good Roads Congress, at Orlando, Fla."
Ayes 24, nays 0.

Also, a resolution "to suspend the collection of State taxes in the county of Mcintosh for the year 1896."
Ayes 23, nays 0.

Proofs of publication were submitted in the case of e~ch local bill in the foregoing classification.

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

Senate CLamber, Atlanta, Georgia, Friday, December 18, 189fl, 10 O'clock a.m. The Senate met pursuant to adjournment, the President in the cbair.
Prayer was offered by the Chaplain.

FRIDAY, DECE~IBER 18, 1896.

489

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

Allen, Atkinson, Brinson, Brooke, Castleberry, Comas, Culver, Flewellen, Flynt, Geiger, Goldin, Golightly,

Gray, Ham, Hopkins, Hudson, Mann, ::\IcFarland, Redwine, Shropshire, Starr, Stevens, Stewart, 21th,

Strother, Thomson, Tnrner, Van Buren, 'Valker, 13th, Walker, .JOth, 'Vestmoreland, Wilcox, "ritcher, 'Vooten, Mr. President.

Those absent were Messrs.-

'Battle, Blalock, Carter, Cook,

Dunwody, Everett, Kemp,

Kilpatrick, Sheffield, Stewart, 34th.

Mr. Van Buren, Chairman of the Committee on Jour.nals, reported the .Tonmal correct.

It was then read and confirmed.

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

JJ r. President:
The House has concurred m the following Senate resolutions, to wit:

A resolution concurring in and adopting certain additional terms proposed by the city of Atlanta affecting Wall street and certain property designated as the -"triangle.''

. 500

JoUH:'\AL oF THE SE:\.nE .

Also, a resolution directing proceedings to be instituted for recovery of the original depot grounds belonging to the State at Chattanooga, Tenn.

Mr. Redwine, Chairman Committee on Manufactures, submitted the following report:
Jlr. Pres-ident:
The Committee on Manufactures have had nuder consideration the following House bill, which they direct me to report, with recommendation that the same pass as amended, to wit:
A bill to prevent the adulteration of candy.
Hespectfully submitted.
J. E. HEDWINE, Chairman.

Mr. Stevens ofFered a resolution limiting the speeches: upon all questions during the consideration of the appropriation bill and the tax bill.

Upon the question of adopting the resolution the ayes and nays were recorded.

Those who voted in the affirmative were 111:essrs.-

Battle, Rlalock, Brinson, Culver, Everett, Flynt, Gray,

Ham,
Hopkin~,
Hudson, Kemp, Kilpatrick, :\iann,

Stevens, StP.wart, 27th, Turner, Van Buren, Walker, 40th, Westmoreland.

FRIDAY, DECE~IBER 18, 1896.

501

Those who voted in the negative wel'e Messrs.-

Allen, Brooke, Carter, Castleberry, Comas, l>unwody, Flewellen,

Geige, Goldin, Golightly, Redwine, Shropshire, Starr,

Stewart, 34th, Strother, walker, 18th, Wilcox, \Vitcher, \Vooten.

Those not voting were :M:essrs.-

Atkinson, Cook,

McFarland, Sheffield,

Thomson, Mr. President.

Ayes 19. Nays 19. Not voting 6.

So the resolution was not agreed to.

The general appropl'iation bill was taken up as the special order of this morning, the paragraphs not contested having been adopted last night.

All amendments to the paragraphs of the first section offered last night were put to a vote of the Senate and severally lost by a viva voce vote, except the proposed amendment of Mr. Cartet to sttike off lines 30 and 31 of the first section, on which he demanded a vote by yeas and nays.

Those voting in the affirmative were :Messrs.-

Allen, Brooke, .

Carter, Castleberry,

Kemp, Walker, 18th.

Those voting in the negative were :Messrs.-

Blalock, Brinson, Comas, Culver, Dunwody, Everett,

Hopkins, Hudson, Kilpatrick, l\'Iann, McFarland, Redwine,

Stewart, 27th, Strother, Turner, Van Buren, Walker, 40th, \Vestmoreland,

502

JouRNAL OF TilE SE~ATE.

Flynt, Golightly, Gray, Ham,

Shropshire, Starr, Stevens,

Wilcox, Witcher, Wooten.

Those not voting were :Messrs.-

Atkinson, Battle, Cook, Flewellen,

Geiger, Goldin, Sheffield,

Stewart, 3-lth, Thomson, Mr. President.

Ayes 6. Nays 28. Not voting 10.

The amendment was, therefore, lost.

The first section was adopted.

The following amendmeu t of Mr. Hudson was adopted~. to wit:

Amend section 2, line 8, by striking $1,500 and mserting $1,000.

Mt-. Carter proposed to amend section 3, twelfth line,. by striking out "sixty" and i11 serting "forty," and on. this he demanded the ayes and nays.

Those voting in the affirmative were :Messrs.-

Allen, Brooke, Carter,

Castleberry, Goldin,

Kemp, Strother.

Those voting in the negative were ::iHessrs.-

Blalock, Brinson, Comas, Culver, Dunwody, Everett, Flewellen,

Gray, Ham, Hopkins, Hmlson, Kilpatrick, 1\fann, Redwine,

Stewart, ~7th, Stewart, 3-lth . Turner, Van Buren, 'Valker, 18th, walker, 40th,
\Vestmoreland~

FRIDAY, DECEliBER 18, 1896.

503

Flynt, Geiger, Golightly,

Shropshire, Starr, Stevens,

'Wilcox, Witcher, 'Vooten.

Those not voting were Messrs.-

Atkinson, Battle,
Cook,
Ayes 7.

McFarland, Sheffield,
Nays 30. Not voting 7.

Thomson, Mr. President.

So the amendment was lost.

The Senate, on motion, reconsidered the amendment striking out from the 12th line of section 2 the figures $1,500 and inserting $1,000.

This amendment was withdrawn.

Section 2 was adopted without amendment.

Section 2 was read and amended in the 24th line by striking out the word "one" and insetting the word "two," which provides for two assistant doorkeepers of the Senate.

The amendment of the committee to section 1 was adopted: "Fot salary of Commissioner of Pensions, $2,000," said amendment to come in at the end of said section.

The first section, as amended, was agteed to.

Section 3, line 37, was amended, on motion of the committee, by striking. out "one" and inserting "two" assistant doorkeepers of the Senate.

The committee amended section 3, in the 39th line,

50

JouRNAL oF TDE SENATE.

by adding "and one additional porter in the Senate, for the year 1896, at two dollars per diem."

This amendment was adopted.

The committee proposed to amend section 3, line 31, by adding at the end thereof: "For two ~1dditional pages in the Senate, for the year 1896, two dollars per diem each."

This amendment was adopted.

The committee proposed to amend by adding the following at the end of said section 3: "For the payment for one hundred chairs for use of committee rooms, $100.70."

This amendment was adopted.

Section 3 was agreed to as amended.

Section 4 was amended, on motion of the committee, by inserting in line 14, after the words "ExecutiYe Committee," the following: "For steam beating, $5,000; for electric lighting, $2,000; for shop equipmeuts, $2,500; for painting tin deck roofing, comice, window frames, etc., to all buildings, $1,500, or so much thereof as may be necessary."

This amendment was adopted.
The committee proposed to amend ~ection 4, in the 3_d line of page 6, by striking out "$270,000" and inserting "$280,000 for the lunatic asylum fot 1897." Strike "$280,000 for 1898" and insert "$290,000."
This amendment was adopted.

FRIDAY, DECEJ\IBER 18, 1896.

505

The committee furthe1 proposed to amend section 4 by adding, in the next line to the last line in engrossed copy, the following words: "And the additional sum of $6,391.06 for furnishing and equipping the dormitories of said Georgia Normal and Industrial College."

On the adoption of this amendment the ayes and nays were demandecl and recorded.

Those voting in the affinnative wel'e Messrs.-

Battle, Blalock, Brinson, Comas, Culver, Dunwody, Flewellen, Flynt, Geiger,

Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, Redwine, Shropshire,

Starr, Stevens, Stewart, 27th, Stewart, 3-!th, Thomson, Van Buren. \Vestmoreland, "'ilcox, Witcher,

Those Yoting in the negative were :Messrs.-

Allen, Brooke, Carter, Castleberry,

Everett, Goldin, Kemp, Strother,

Turner, Walker, 18th. \Valker, 40th,

Those not voting were :Messrs.-

Atkinson, Cook,

McFarland, Sheffield,

\Vooten, 1\Ir. President.

Ayes 27. Nays 11. Not voting 6. So the amendment was adopted.

Upon the adoption of pa-ragraph 6 of the 4th section; the ayes and nays were recorded.

506

JOUR~AL OF THE SENATE.

Those voting in the affirmative were 1\fessrs.-

Atkinson, Battle, Blalock, Brinson, Brooke, Castleberry, Comas, Culver, Dunwody, Flewellen,

Flynt, Geiger, Goldin, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann,

McFarland, Starr, Stevens, Stewart., 27th, Van Buren, walker, 40th, westmoreland,
"'ilcox, iVitcher,

Those who voted in the negative were :M:essrs.-

Allen, Carter, Everett, Golightly,

Kemp, Redwine, Shropshire, Stewart, 34th,

Strother, Turner, Walker, 18th,

Those not voting were 1\fessrs.-

Cook, Sheffield,

Thomson, wooten,

Mr. President.

Ayes 28. Nays 11. Not voting 5.

So the 6th paragmph of the 4th section was adopted.

Mr. Shropshire, Cha~rman of the Special Judiciary Committee, submitted the following report:

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

A bill to establish a system of public school:> in the town of Haccoon, in Chattooga county, and for other purposes.

FRIDAY, DECEMBER 18, 1896.

507

Also, a bill to regulate the taking of fish in the streams of Whitfield county, and fot other putposes.

Also, an act creating a Board of County Commissioners of Roads and Reyenues for Charlton county.

Also, the following bill, which they recommend do not pass:

A bill to proh_ibit hunting or fishing on the lands of another in the county of' DeKalb, and for othet purposes.

Also, the following bills, which they recommend be read a second time and recommitted, to wit:

A bill to amend an act incotporating the town of J efierson, in the county of Jackson, and for other purposes.

Also, a bill to create an act to-provide for compensation of Ordinary of Twiggs county for extra services.

Also, a bill to be entitled an act to amend the public school system of Madison, Ga., and for other purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

Mr. Turner, Chaitman protem. of the Committee on Temperance, submitted the following report:

Jlfr. President:

The Conunittee on Temperance have had under consideration House Bill No. 332, entitled an act to repeal

-508

JoURNAL OF THE SENATE.

-an act amending the liquor law for Hart county, and for -other purposes; and instruct me to report the same back with the recommendation that it be returned to the House, that the introduce!' of the bill may have an opportunity of withdrawing the same.

Respectfully submitted.

\V. W. TURNER, 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 Senate bills by the constitutional majority, to wit:
A bill to require all claimants of land sold under transferred wild land tax fi. fas. prior to the first day of January, 1880, to bring suit for such land within six months, and to provide foe the manner of bringing suits.
Also, a bill to amend the charter of the Atlanta and West Point Railroad Company._

Also, a bill to anthotize the Railroad Commission to compel witnesses to testify and to relieve such witnesses from prosecution.
The House has also concurred in the following Senate resolution, to wit:
A resolution continuing in existence the special commission allowed undel' a joint resolution approved De-

FRIDAY, DECEMBER 18, 1896.

509

cember 18, 1894, concerning the western and AtlanticRailroad.

Mr. McFarland, Chairman of the Committee on Public Roads, submitted the following report:
JJir. P1esidcnt:

The Committee on Public Roads have had underconsideration the following bill, which they direct me to report with recommendation that the same do pass :

A bill to amend an act to give the Commissioners of Roads and Revenues or the Onlinary the authority to lay out, open, change, discontinue pnblic roads, to levy tax for same, an~ for other purposes.

T. F. ::\fcFARLAND, Chairman.
The consideration of the gener-al appropriation bin
was temporarily suspended to allow the second reading and recommittal of certain bills of the House.

l\fr. Atkinson during his indisposition was excused from attendance upon the Senate.

The Senate adjourned, on motion, until 3 o'clock p.m.

3 O'clock p.m. The Senate met plusuant to adjournment, the President presiding.
The call of the roll was, on motio,n dispensed with.

510

JOURNAL OF THE SENATE.

The bill of the House, to repeal an act amending the liquor law of Hart county, was, on motion of }lr. Turner, returned to the House with the request that the introducer be allowed to withdmw the same.

Mr. Blalock, Cbairmau of Committee on Finance, submitted the following report:

:lfr. Pres-ident:

Your committee have harl under consideration the following resolution, which they instruct me to repott back, with recommendation that same be read a second time and recommitted, to wit:

A resolution proYiding fot suspension of collecting taxes in the county of Chat"lton for the year 1896.

Respectfnlly submitted.

A. C. BLALOCK, Chairman.

Mr. Kilpatrick, Chairman of the Committee on Hailroads, submitted the following report:

Jfr. Presidc1tt:

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

A bill to authorize the sale of the Northeastern Railroa<l, and for other purposes.

Respectfully submitted.

J.D. KILPA'l'IUCR, Chairman.

FRIDAY, DECE:\IBER 18, 1896.

511

The joint resolution of the Honse, relatiYe to the appointment of a School-Book Commission, which was passed by the Se0nate, with an amendment, which amendment was amended in the House, was taken up and the House amendment was concurred in.

The following message was received fwm the House through Mr. Hanlin, the Clerk thereof:

Jfr. President:

The Honse has passed the following Senate bill by the requisite constitutional majority, to wit:

A bill to provide for the uniform amellClment of bank chat-ters.

The Honse has adopted the followit,g joint resolution in which the concurrence of the Senate is asked, to wit:

A resolution relative to pensions of the veterans of the war with Mexico by the geueral government.

'l'he following message was received from the House through ~fr. limdin, the Clerk thereof:

Jfr. President:
The Honse has concurred in the Senate amendments to the following House bills, to wit:

A bill to repeal the chat-ter of the town of Buford and enacting a new charter for the same.

Also, a hill to repeal an act to create a Board of Commissioners of Roalls and Revenues for DeKalb county, approYed December 8th, 1886.

512

JOURNAL OF 'HE SENATE.

'fhe House has also passed. the following Senate bill
by the requisite constitutional mujotity, to wit:

A bill to amend an act to provide for the establish-
ment of a State Naval Militia.

The Senate, on motion, adjourned until 7:30 p. m.

7:30 O'clock p.m. Tho Senate met pursuant to adjournment, the Ptesident in the chair.
. The roll-call was dispensed with.
The following bills were taken up, read. the second time and recommitted:
A bill to authorize t"be establishment of chain-gaug farms and other enterptises in this State.
Also, a bill to create an act to provide for compensation. of Ordinary of Twiggs county for extra services.
Also, a bill amending an act incorporating the town of Jetl:'ersou, in the county of Jackson.
Also, a bill to amend the public school system of Madison, Ga.
Also, a bill to create the office of CommiE'.~ioner of Pardons, and for othet purposes.
The following bills were taken up, read the second time and passed to a third reading, to wit:

FRIDAY, DECEMBER 18, 1896.

513.

A bill to amend au act to regulate the returns of consigned goods and farm products.

Also, a bill to amend an act to give the Commissioner of Roads and Revenues, and others, the power to lay out, open, change and disqontinue public roads.

Also, a bill to regulate the taking of fish in the stJeams of Whitfield county.

Also, a bill to establish, maintain and regulat~ a dispensary in the town of Fort Gaines, and for other purposes.

Also, a bill to regulate the benefits >f all debenture redemption companies, etc.

Also, a bill to create a Board of Commissioners of Roads and Revenues for Charlton county.

Also, a bill to prevent adultetation of candy.

Also, a resolution providing for paying of pension of Sarah J. Snell.

Also, a resolution providing for suspension of collection of taxes for Charlton county fot year 1896.

The Senate resumed consideration of the general appropriation bill.

The committee proposed to amend the 4th section, in line 21, page 9, by adding the following proviso: "Provided, that the commission, or local board of trus- tees, be authorized to expend such part of the said appropriation as they may think proper for building and
33s

514

J OUR:8AL OF TilE SENATE.

furnishiug the State Normal School at Rock College, at Athens .

.Mt'. Gtay moved to amend by stl'iking out "ftom $22,500," in the 52Ll line of section 4, and inserting "$1 0,000" in lieu thereof.

On this proposition the ayes and nays were recorded.

Those vot\ng iu the affirmative were l\lessrs.-

Allen, Battle, Blalock, Castleberry, Culver, Everett,

Flewellen, Geiger, Gray, Ham, Redwine,

Shropshire, Stewart, 34th, Strother, Turner, 'Valker, 18th,

Those voting in the negative were Messrs.-

Brinson, Brooke, Comas, Dunwody, Flynt, Golightly, Hopkins,

Hudson, Kilpatrick, Mann, :YicFarland, Starr, Htevens,

Stewart, 27th, Thomson, Van Buren, Wilcox, 'Vitcher, Wooten.

Those not voting were :Messrs.-

Atkinson, Carter, Cook,

Goldin, Kemp, Sheffield,

Walker, 40th, \\' estmoreland, Mr. President.

Ayes 16. Nays 19. Not voting 9.

So the amendment was lost.

1\ft-. Shropshire moved to amend section four by striking from the same lines 51 and 52.

On this proposed amendment the ayes and nays were required to be recorded.

FRIDAY, DECE:\IBER 18, 18%.

515

Those Yoting in the affirmatiYe were :Jiessrs.-

Allen, Battle, Blalock, Culver,

Everett, Flewellen, Gray, Ham,

Redwine, Shropshire, Stewart, 3-!th, Walker, 18th.

Those Yoting in the negatiYe were :Messrs.-

Brinson, Brooke, Castleberry, Comas, Dnnwody, Flynt, Geiger, Golightly,

Hopkins, Hn(bon, Kilpatrick, Jlann, ?lie Farland, Starr, Stevens, Stewart, 2itb,

Strother, Thomson, Turner, Yan Buren, Walker, 40th, Wilcox, Witcher, \Vooten.

Those not Yoting were ~Iessrs.-

Atkinson, Carter, Cook,

C<oldiu, Kemp, Sheffield,

\Yestmoreland, l\ir. President.

Ayes 12. Xays 2-!. Xot voting 8.

So the amendment was lost.

This paragraph was adopted.

The paragraph ending with the 56th line was adopted.

3h. Starr moved to amend section four by striking $1,000,000 and inserting $800,000 at the end of line 57.

On this motion the ayes and nays were required to be recorded .

Those who voted in the affirmative were Messrs.-

Battle, Brooke, Castleberry, Culver, Flewellen,

Kilpatrick, l\Ic Farland, Redwine, Shropshire, Starr,

Stewart, 3-!tb, Thomson, Turner, Witcher.

516

JouRNAL OF TilE SENATE.

Those who vot.ed in the negative were Messrs.-

Allen, Blalock, Brinson, Comas, Dunwody, Everett, Flynt, Geiger,

Goldin, Golightly, Gray, Hopkins, Hudson, Ma11n, Stevens,

Stewart, 27th, Strother, Van Buren, Walker, 18th, Walker, 40th, Wilcox, Wooten.

Those not voting were Messrs.-

Atkinson, Carter, Cook,

Ham, Kemp, Sheffieid,

Westmoreland, Mr. President.

Ayes 14. Nays 22. Not voting 8.

So the amendment was lost.

Mr. Battle moved to stl'ike from the 57th line the fourth section $1,000,000 and insert $750,000.

Ou this the ayes and nays were recorded.

Those who voted in the affirmative were Messrs.-

Battle, S:arr,

Stewart, 34th, Thomson,

Turner, Witcher.

Those who voted in the negative were :Messrs.-

Allen, Blalock, Brinson, Brooke, Castle berry, f'omas, Cul\er, Dunwody, Everett, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Mann, McFarland, Redwine,

Shropshire, t:;tevens, Stewart, 2ith, Strother, Van Buren, Walker, 18th, Walker, 40th, Wilcox, Wooten.

FRIDAY, DECEMBER 18, 1896.

517

Those not voting were Messrs.-

Atkinson, Carter, Cook,

Flewellen, Kemp, Kilpatrick,

Sheffield, Westmoreland, Mr. President.

Ayes 6. Nays 29. Not voting 9.

So the amendment was lost.

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

~ltr. President:
The House has passed the fo1lowing House bill by the requisite constitutional majority, to 'vit:

A bill to make Stafford's Office Oalendat legal evidence coveritig aH dates between the years 1490 and 2000, both old and new style, in all the courts of this State.

The House bas also passed the following Senate bill by the requisite constitutional majority, to wit:

A bill to authorize the town of Calhoun to establish aud maintain a system of public schools.

Also, a bill to amend the last paragraph of section 918 ofthe Code of 1882.

The committee to draft memorial resolutions on the death of lion. R. U. Hardeman consists of Messrs. Stewart of the Twenty-seventh District, Turner, Starr and Van Buren.

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

518

JoUitNAL oF Till: Sg~ATE.

lJfr. President:
The Committee on Engrossing have had nuder consideration the follo\ving bill, whi<.:h they direct me t'o report back as properly engrossed and ready to be transmitted to the House, to wit :
l."
A bill to be entitled an act to repeal section 1455 (a) of the Code of 1882, which requir~s such tribunals as have jUJisdiction over county matters to build fences around militia districts adopting the State law; also, to repeal section 1455 (b) of said Code, and for other purposes.

Respectfully submitted.

G. F. WEST:\10RELAND, Chairman.

The committee"proposed to amend the 2d paragraph of the 6th section by adding at the end thereof the following:

"And tbe sum of three thousand dollars, of which amouut one thousand dollars shall be paid out of the money remaining in the State.treasuty of the direct tax refunded under the act of Congress of 1891, and two thousand dollars out of the money now in the hands of the Governor eal'lled by the Northeastern Railroad while being operated by the State, which the board appointed by the resolution of December 12, 1894, providing for a State exhibit at the Cotton States and International Exposition in 1895, is authorized to expend in the same matmer, as set forth in said resolution, in making an exhibit of the agricultural and material wealth and progress of the State at the Tennessee Centennial and Internatioi1al Exposition at Nashville, in 1897,

FRIDAY, DECE:IfBER 18, 1896.

519

and for such pmpose the said bo:ml is directed to use the permanent and dumble part of the exhibit at said Exposition of 1895, now on exhibit in the Capitol building, and supplement same with such agricultural prodnets as the said board may deem advisable. All of the provisions and terms of said resolution of 1894, are hereby made to apply as far as practicable to the exhibit herein contemplated, and the money set apart fol' same.
"Also, the further sum of one thousand dollars to be paid out of the mouies in the hands of the Governor arising from the operation of the X ortheastern Railroad Company before the same "as leased, or out of auy money in the hands of the Goveruor, or in the treasury uot otherwise appropriated, fot the proper representation of the women of Georgia, and the exhibition of woman's "ork at the Tennessee Centennial, to be expended under the supervision of the board created by the act of 1895, for the Exposition of Atlanta, and to be used for the purposes hereinbefore stated in the space allotted to Georgia in the \Voman's building."

On this amendment the ayes aml nays were recorded.

Those who Yoted in the affirmative were 1Iessrs.-

Battle, Blalock, Brinson, Castleberry, Comas, Culver, Dunwody,

Flewellen, Geiger, Golightly, Ham, Hnuson, ?ITann, Shropshire,

Starr, Stevens, Stewart, :?7th, Strother, Thomson, Van Buren, Witcher.

Those who ;-oted in the negative were 1\Iessrs.-

Allen, Brooke, Everett, Flynt,

Goldin, Hopkins, Redwine, Turner,

walker, 18th, Walker, 40th, wooten.

520

JoURNAL OF THE SENATE.

Those not voting were ~Iessrs.-

.Atkinson, Carter, Cook, Gray,

Kemp, Kilpatrick, McFarland, Sheffield,

Stewart, 34th, Westmoreland, Wilcox. Mr. President.

Ayes 21. Nays 11. Not voting 12.

Sothe amendment was agreed to.

Mr. vValker, of the Eighteenth District, moved to amend by striking out $20,000 in line 34 of section 6, and inserting $15,000.

On this the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Allen, Brooke, Carter, Castleberry, Flewellen, Flynt,

Goldin, Redwine, Starr, Stewart, 34th, Strother,

'l'bomson, Walker, 18th, walker, 40th, Witcher, Wooten.

Those voting in the negative were Messrs.-

Battle, Blalock, Brinson, Comas, Culver, Dunworly, Everett,

Geiger, Golightly, Gray, Ham, Hopkins, Hudson, Mann,

McFarland, Shropshire, Stevens, Stewart, 27th, Turner, Van Buren.

Those not voting were Messrs.-

Atkinson, Cook, Kemp,

Kilpatrick, Sheffield, Westmoreland.

Wilcox, Mr. President.

Ayes 16. Nays 20. Not voting 8.

So the amendment was lost.

FRIDAY, DECEl\IBER 18, 1896.

521

Mr. Brooks moved to amend line 41 of section 6 by striking out $30,000 and inserting.$15,000.

The ayes and nays were recorded on this proposition.

Those who voted in the affirmative were :Messrs.-

Allen, Brooke, Carter, Castleberry, Everett, Flewellen,

Flynt, Goldin, Kemp, McFarland, Redwine, Shropshire,

Starr, Stewart, 34th, Strother, Walker, 18th, Walker, 40th, Wooten.

Those who voted in the negative were Messrs.-

Battle, Blalock, Brinson, Comas, Culver, Dunwody, Geiger,

Gray, Ham, Hopkins, Hudson, Mann, Stevens, Stewart, 27th,

Thomson, Turner, Van Buren, Westmoreland, Wilcox, Witcher.

Those not voting were Messrs.-

Atkinson, Cook,

Golightly, Kilpatrick,

Sheffield, Mr. President.

Ayes 18. Nays 20. Not voting 6.

So the motion was lost.

Mr. Walker, of the Eighteenth District, moved to amend by striking out lines 38, 39, 40 and 41 of section 6.

On this motion the ayes and nays were recorded.

Those who voted in the affirmative were Messrs.-

Allen, Carter, Castleberry,

Flynt, Kemp, Shropshire,

Strother, Walker, 18th.

522

.JouRNAL oF THE SENATE.

Those who voted in the negative were Messrs.-

Battle, Blalock, Brinson, Comas, Culver, Dunwody, Everett, Flewellen, Geiger, Golightly,

Gray, Ham, Hopkins, Hudson, lHann, i\JcFarland, Redwine, Starr, Stevens,

Stewart, 2ith, Thomson, Turner, Yan Buren, "'alker, 40th, 'Vestmorelaml, Wilcox, 'Vitcher, Wooten.

Those not voting were :l\fessrs.-

Atkinson, Brooke, Cook,

Goldin, Kilpatrick, Sheffield,

Stewart, 34th, Mr. President.

Ayes 8. :Xays 28. ~ot voting 8.

So the amendn1ent was lost.

Mr. Stewart, of the Thirty-foul'th District, moved to amend by striking in line 41 of the 6th section the words "thirty thousand" and inserting in lieu thereof the words "twenty thousand."

On this amendment the ayes and nays were recorded.

Those voting in the affinnative were :Jiessrs.-

Allen, Brooke, Carter, Castleberry, Everett, Flewellen, Flynt,

Goldin, Golightly, Kemp, McFarland, Redwine, Shropshire, Starr,

Stewart, 34th, Strother,
Turner, Walker, 18th, 'Yalker, 40th, Wooten.

Those voting. in the negative were ~Iessrs.-

Battle, Blalock,

Gray, Ham,

Stewart, 2/th, Thomson,

FRIDAY, DECE)IBER 18, 1896.

523

Brinson, Comas, Culver, Dunwody, Geiger,

Hopkim,
Ht~<lson,
I\.i Ipat rick, :\Iann, Stevens,

Yan Buren. Westmoreland, Wilcox, Witcher, 1\Ir. President.

Those not Yoting \\ere :Jiessrs.-

Atkinson,

Cook,

Sheffield.

Ayes 20. Says 21. Xot voting :3.

So the amendment was lost.

1\Ir. Stewart moved to amend by striking from line 41 of the 6th section $30,000 and inserting in lieu thereof $25,000.
On this the ayes and nays were recorded.

Those voting in the affirmati,e were :Jiessrs.-

Allen, Brooke, Carter, Castleberry, Culver, Everett, Flewellen, . Flynt,

Goldin, Golightly, Kemp, Kilpatrick, JicFarlaml, Redwine, Shropshire, Starr,

Stewart, 3-!th, Strother, Turner, Walker, 18th, walker, -!Oth, westmoreland, \Vitcher, wooten.

Those who Yoted in the negati.-e were :Messrs.-

Battle, Blalock, Brinson, Comas, Dunwody, Geiger,

Gray, Ham, Hopkins, Hudson, )!ann,

Stevens, Stewart, 2ith, Thomson, Yan Buren, \Vilcox.

524

JoURNAL OF THE SENATE.

Those not voting were :Messrs.-

Atkinson, Cook,

Sheffield,

Mr. President.

Ayes 24. Nays 16. Not voting 4.

So the amendment was adopted.

The various sections of the bill were adopted.

The report as amended was agreed to.

The bill was read the third time, and on the question of its passage as amended the ayes and nays were recorded.

Those who voted in the affirmative were Messrs.-

Batile, Blalock, Brinson, Brooke, Comas, Culver, lunwody,

Flynt, Geiger, Golightly, Ham, Hopkins, Hndson, Mann,

Shropshire, Stevens, Stewart, 27th, Thomson, Van Buren, 'Vestmoreland, Witcher.

Those who voted in the negative were ~:fessrs.-

Carter, Castleberry, Goldin, Kemp,

McFarland, Redwine, Starr,

Strother, Walker, 18th, Walker, 40th.

Those not voting were ~:fessrs.-

Allen, Atkinson, Cook, Everett, Flewellen,

Gray, Kilpatrick, Sheffield, Stewart, 34th,

Turn('r1
Wil~ox,
wooten,
Mr. President.

Ayes 21. Nays 10. Not voting 13.

FRIDAY1 DECEMBER 18, 1896.

52l)

Before the announcement of the vote on this hill it was, on motion, laiu on the table.

Mr. Turner was, ou his application, excused from voting on the bi II.

Mr. Blalock, Chairman pro tern. of the Printing Committee, submitted the following report:

Mr. President:
The Committee on Printing have had under consideration the following resolutions, which they direct me to report back, with the recommendation that the same do pass, to wit :

A joint resolution a\1thorizing the Public Printer to print the acts and resolutions passed at this session at the earliest possible date.

Also, a resolution instructing the Secretary of the Senate and Clerk of the House to publish and mail to each member of the General Assembly a statement and the status of the unfinished business of the session at time of adjournment.

Respectful}y submitted.

A. C. BLALOCK, Chairman.

Mr. Shropshire, Chaitman of the Special Judiciary Committee, submitted the following report:
ilfr. Presideut:

The Special Judiciary Committee have bad under consideration the following House bills, which they

526

JoURNAL OF THE SENATE.

ditect me to report with the recommendation that they do pass:

A bill to repeal the second seetion of an act approved March 1, 1875, to fix the compensation of the county tteasuret of Je:fi'erson county.

Also, a bill to amend the public sehool system of ~lncl ison, Ga., and for other ptuposes.

Also, a bill to ameml an act to incorporate the town of Rochelle, and for othet puqwses.

Also, a bill to amend an act incorpomting the town of Jefferson, in Jackson county.

Also, a bill to create an act to provide for the compensation of the Otclinaty of Twiggs county, and for other purposes.
Respectfully submitt~d.
WESLEY SHROPSHIRE, Chaitman.

On motion of Mt. Tumer, the resolution from the House requesting our Senators and Representatives in Congress to give their support to House Bill X o. 3273 in furtherance of the classification of clerks in the fitst and second class post-offices, was taken up and concurred in.

The amendments of the House to the bill of the Senate authorizing the Atlanta, Knoxville and Northern Railway Company to acquire certain rights in the use of the right of way of the Westem and Atlantic Railroad in and near the city of Marietta, was taken up and concurred in.

FRIDAY, DECE:IIBER 18, 1896.

527

The resolution to appropriate sixty dollars to pay the pension of :Mrs. Della Owens, of H~rbun county, was taken np under a faYorable report of the Committee on Pensions.

The report was agreed to.

The resolution was read the third time and the ayes and nays "ere recoded.

Those voting in the affirmative were MeEsrs.~

Blalock, Brinson, Brooke, Castleberry, Culver, Everett, Flewellen, Flynt, (;oldin,

Golightly, Ham, Hopkins, Hudson, Kemp, McFarland, Shropshire, Stevens, Stewart, 27th,

Stewart, 34th, Thomson, Tnrner, Van Buren, walker, 13th, \Valker, 40th, \V e s t m o r e l a n d , \Yitcher.

Those not Yoting were :l\fessrs.-

Allen, Atkinson, Battle, Carter, Comas, Cook,

Dunwody, Geiger, Gray, Kilpatrick, Mann, Redwine,

Sheffield, Starr, Strother, Wilcox, Wooten, Mr. President.

Ayes 26. Xays 0. Xot voting 18.

So the resolution was passed.

The following bills were read a second time and re-
~ommitted:

A bill making it unlawful for Fire Insurance Companies, not incorporated in this State, to do certain things.

528

JOURNAL OF THE SENATE.

A bill to amend an aet to entirely prohibit the sale of intoxicating liquors in Irwin county.

The following bills were read a second time and passed to a third reading:

A .bill to fix the compensation of the county tl'easurer of Jefferson county.

Read the third time and passed; ayes 24, nays 0.

A bill decla1ing unlawful all trusts and combinations in restraint of trade and production.

Read the thil'd time and passed; ayes 31, nays 0.

A bill to amend an act to 1evive the office of State Geologist.

A resolution authol'izing the Secretary of the Senate and Clerk of the House to furnish a statement of unfinished business to each and every member of the General Assembly.

A resolution pl'Oviding fol' publishing of acts and resolutions of this session.

The fqllowing bill was taken up and passed as amended:
A bill to iucol'pOL'ate the city of Tallapoosa, in county of Haralson.
The following bill was taken up a11cl tabled, npon motion of Senator Kilpatrick:

SATURDAY, DECEMBER 19, 1896.

529

A bill to authorize the sale of the Northeastern Railroad, and for other purposes.

Mr. Turner gave notice that he would in the morning move a reconsideration of the amendment of the general appropriation bill, which appropriates $4,000.00 for the Georgia exhibit at the Nashville Centennial.

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

Senate Chamber, Atlanta, Georgia. Saturday, December 19, 1896, 10 O'clock a.m.
The Senate met pursuant to adjournment, the President in the chair.
Prayer was ofi'ered by the Chaplain.
The roll-call was, on motion, dispensed with.
Mr. Van Buren, Chairman of the Committee on Journals, reported the Jonmal correct. It was then read and confirmed by the Senate.
The following communication was received ftom his Excellency, the Govemor, through his Sectetary, Mr. 'Vanen, to wit:
Mr. P1esident:
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.
H4 s

530

JOURNAL OF THE SENATE.

The Senate wetft into executive session, and returned to open session.

The following message was received from the Honse through )fr. Hanlin, the Clerk thereof:

Mr. President:

The House has adopted the foliowing resolution, in which the concunence of the Senate is asked, to wit:

A resolntion providing fot a recess of General Assembly until 10 a.m. on first vVednesday in February, 1897.

Mr. Turner moved to reconsider all pamgraphs of the geneml approptiation bill which were acted upon yesterday.

Mr. Berner moved to lay this motion on the table, and the yeas and nays were recorded thereon.

Those voting in the affirmative were :Messrs.-

Atkinson, Battle, Blalock, Brinson, Comas, Culver, Dunwody, Flewellen,

Flynt, Geiger, Golightly, Gray, Ham, Hopkins, Hudson, Mann,

Stevens, Stewart, 27th, Thomson, Van Buren, 'V estmoreland, Wilcox, Witcher.

Those voting in the negative were :i\{essrs.-

Allen, Brooke, Carter, Castle berry, Everett,

Goldin, Kemp, McFarland, Redwine, Shropshire,

Starr, Strother, Tnrner, Walker, 18th, Walker, 40th.

SATURDAY, DECE)IBER 19, 1896.

531

Those not voting were Messrs.-

Cook, Kilpatrick,

Sheffield. Stewart, 3-Ith,

wooten, Mr. President.

Ayes 23. Nays 15. Not voting 6.

So the motion to lay on the table prevailed.

Mr. Battle o:fi'ered the following resolution fixing the -order of business for this day:

Resolved, That the following shall be the order of ;business for to-day's session:

1. Completion of Appropriation act a11d Code appropriatiou.

2. All bills to concur, insist or recede from amend:ments.

3. Tax bill.

4. Other business.

The resolution was adopted.

The general appropriation bill was taken up under the order of busmess.

'rhe report having been agreed to yesterday and the bill read the third time, the~vote by ayes and nays was ~taken thereon this day.

Those voting in the affirmative were Messrs.-

Battle, Blalock, .Brinson, JBrooke,

Flynt, Geiger, Golightly, Gray,

Stevens, Stewart, 27th, Thomson, Van Buren,

532
Comas, Culver, Dunwody, Everett,

JoURNAl, OF TilE SENATE.

Hopkins, Hudson, Mann, Starr,

"\Vestmoreland, Wilcox, Witcher.

Those voting in the negative were :Messrs.-

Allen, Carter, Castleberry, McFarland,

Redwine, Shropshire, Strother,

Turner,
"'alker, 18th, Walker, -lOth.

Those not voting were Jlfessrs.-

Atkinson, Cook, Flewellen, Goldin,

Ham, Kemp, Kilpatrick, 8heffield,

Btewart, 3-lth, \Vooten. Mr. President.

Ayes 23. Nays 10. Not voting 11.

So the bill was passeu, as amended, by a constitu-tional majority, and on motion of Mr. Stevens, orderetl to be immediately tmnsmitted to the House.

Mr. Golightly, Chairman of the Committee on Cor-porations, submitted the following report:

Mr. President:

The Committee on Corporations have had under consideration the following bill, which they instrnct me toreport back, with the recommendation that the same do pass, to wit:

House Bill No. 397, a bill to be entitled an act to amend, change and repeal the chartet of the town of Ambi, in the county of Dooly, approved September 14, 1891, so that the term of the Mayor and Aldermen shall be two years instead of one. Also, granting cet-

SATURDAY, DECEMBER 19, 18~6.

533

tain tmmroad pl'ivileges through the streets of said town, and for othet purposea.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

Mr. Golightly, Chaitman of the Committee on Corporations, submitted the following report:

i.lfr. Presideut:
The Committee on Corporations have had under consideration the following bill, which they direct me to report back, with the recommendation that the same .do not pass:

A bill to be entitled an act to regulate and authorize .city municipalities to- grant the use of streets to cotpor.ations.

Respectfully subrnitted. J. E. GOLIGHTLY, Chairman.

M1. Hudson, f1om the Committee on Agriculture, :made the following repoet:

ilb. President:
The Committee on Agticulture have had under consideration Honse Bill No. 340, by Mr. McGehee, a bill to be -entitled an act to amend the fertilizer laws of Georgia. They instruct me as their chairman to report back with recommendation that the same be carried over to the ::fifth day of next session and be recommitted.
T. G. HUDSON, Chairman.

534

JOURNAL OF THE SENATE.

Mt. Stewart, of Thirty-fomth District, Chaitman of Committee on Banks, submitted the following report:

Mr. President:
Yout committee have bad under consideration the following bill, which they instl'llct n1e report back, with recommendation that same do pass as amended, to 'vit:

A bill to regulate the benefits of debenture redemption companies, etc.
. Respectfully submitted.
T. D. STEWART, Chaitman.
Mr. Blalock, Chairman of the }'inance Committee, submitted the following report:

Jlfr. President:
The Committee on Finance have had under consideration the following bill, which they direct me to repott back, with the recommendation that the same do pass as amended, to wit:
House Bill No. 167, a bill to levy and collect a tax for the support of the State government and the public institutions; for executive purposes; to pay the interest on the public debt; to pay the pensions of Confederate soldiers, and for other purposes.
Respectfully submitted.
A. C. BLALOCK, Chairman.

The Senate took up the report of the Committee on

SATURDAY, DECEMBER 19, 1896.

535

Appropriations on the bill of the House to appl'opriate $35,000.00 to pay fol' ptinting and publishing the Code of 1895, and to pay i'ot superintending the pl'inting of said Code.

The report was agreed to.
The bill was read the third time, and on its passage the ayes and nays were recorded.

Those who voted in the aftlrmative were :Messrs.-

Allen, Battle, Brooke, Carter, Castleherry, Comas, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Hopkins, Hudson, Kilpatrick, 1\Iann, McFarland, Redwine, Shropshire,

Starr, Stevens, Stewart, 27th, Stewart, 34th, Thomson, Turner, Van Buren, \Valker, 40th, \Vestmoreland, Witcher, \Vooten.

Those not voting were :Messrs.-

Atkinson, Blalock, Brinson, Cook,

Ham, Kemp, Sheffield, Strother,

WalkEC'r, 18th, Wilcox, l\Ir. J.'resident.

Ayes 3;1. Nays 0. Not voting.ll.

So the bill was passed.

The Senate concurred in the Honse amendments to the bill of the Senate, to amend the last paragraph of section 918 of the Code of 1882.

The Senate insisted on its amendments to House bill, to authorize sohTent guamntee companies, etc., to be-

536

JOURNAL OF THE SENATE.

come surety on attachment bonds and tbe bonds of city, .county and State officers.

'The following message was received from the House tl1rough Mt. Hardin, the Clerk thereof:

.Mr. President:

The House has concutTed in the Senate amendment to the followieg House bill, to wit:

A bill to repeal an act incorporating the city of Tallapoosa, in Hamlson county.

The House has appointed the following Conference Committee on the part of the House, upon House bill as follows, to wit :

A bill to authotize the Solvent Guatantee Companies, Fidelity Insurance Companies and Fidelity Deposit Companies, to become surety upon attachment bonds, and upon the bonds of city, county and State officers, and has appointed on the part of the House, Messts. Felder, Edwards and West.

The Conference Committee on the part of the Senate are Messrs. Battle and Golightly.
Mt. Hopkins, Ohaitman of the Committee on Relief of the- Supteme Court, submitted the following report:

Jlf.r. President:

The Committee on Relief of the Supreme Omut have had undet consiclemtion House Bill No. 336, being an act to reguhtte the practice in the Supreme Court in <:ertain particulars, and instruct me to repott the same

SATURDAY; DECE~IBER 19, 1896.

537

to the Senate, with the recommendation that the same do pass.

Respectfully submitted.

H. "\V. HOPKINS, Chairman.

Mr. Battle, f1om the Conference C0rumittee, submitted the following report, which was adopted:
Jlr. President:

The Conference Committee appointed on the part of the Senate to concur with a like committee appointed by the House, submitted the following report:

'fhe Conference Committee appointed to confer upon the differences existing between the House and Senate upon House Bill No.4, being a bill to be ent.itled an act to authorize Solvent Gua1antee Companies, etc., to become security upon attachment bonds, etc., beg leave to report as follows :

The committee recommends that the Senate recede from part of the first amendment adopted by the Senate as follows: By st1iking all of said fil'st amendment after the word branch, in the 7th line of said amendment.

The House recede fl'Om its refusal to concur in the thil'd amendment of the Senate.

Respectfully submitted.

C. E. BATTLE, Chairman, J. F. GOI..IGHTLY,
H. F. DUNWODY.

538

JoURNAL OF THE SENATE.

The Senate took up the report of the Committee on Finance oe the bill of the House, to be entitled an act to levy and collect a tax for the support of the State govemment and the public institutions; fot educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt, and to pay maimed Confederate soldiers and widows of Confederates such amounts as are allowed them by law for each of the fiscal yea,ts eighteen hundred and ninety-seven and eighteen hundted and ninety-eight; and to prescribe what persons, profession,;, aliCl property are liable to taxation ; to prescribe the methods of receiving and collecting said taxes; to prescribe the method of ascettaining the property of this State subject to taxation; ptescribe additional questious to be propounded to tax-payers, and to provide penalties and fol'feitures fot' non-payment of taxes, and for other purposes.

It was ordered that all paragrapl1s to whid1 no ameudment is otl:'ered shall, when read, be considered adopted.

Pending consideration of the Tax bill, the Senate adjourned, on motion, until 3 o'clock p.m.

3 O'clock p.m. The Senate met pursuaut to acljoumment, aucl was called to ordet by the Presideut.
The roll-call was, on motion, dispensed with.
The consideration of the tax bill was resume<1.

SATURDAY, DECEMBER 19, 1896.

5391

Mr. Brooke oftered the following amendment:

Amend section t\vo, line 18, by inserting after thoword " artist" in said line, the following: "ten dollars, and tax shall be required of them in only one county, provided this act shall not authorize any tra,eling photographer to do business in any incorpotated town 01~ city where there is located a permanent photographet.''"

This amendment was adopted.

Mt. walker, of the Eighteenth District, oflered toamend by adding at the end of the last line, after the word " soldier," the followi 11 g:

"And this tax shall be rec1nired if selling by orders or otherwise.''

This amendment was adopted.
The amendments of the committee were adopted with the exception of the following, to wit: The 2d, 6th, 7th and 9th as otiginally numbered.
The report, as amended was agreed to.
The bill was read the third time and passed as amended ; ayes 28, nays 0.
On motion of Mt. Blalock, the bill was ordeted to be immediately transmitted to the House.
The following communication was received from:. his Excellency, the Govemor, thtongh 1\Ir. \Vanen, his Secretaty, to wit:

ilfr. President: I am directed by the Governor to delivet to the Seuate-

-540

JOURNAL OF THE SENATE.

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

The Senate went into executive session and returned to open session.

Mr. Battle, Chaitman of the General Judiciary Committee, submitted the following report:
.Mr. President:
The General Judiciary Committee have had under <;onsidetation the following House bill, which they direct me to report back with the recommendation that the same do pass as amended, to wit :
A bill to be entitled an act making it unlawful for Fire Insurance Companies, not incorporated by the laws ot' the State of Georgia, but legally licensed to teansact the business of fi.l'e insurance therein, to do business except through their legal agents, etc.

The committee have also had undet considetation the following bills, which they direct me to report back with the recommendation that the same be laid upon the table as unfinished business, to wit:
.A bill to regulate the business of Fraternal Beneficiary 0l'clet.o, and fot othet purposes.

Also, a bill to be entitled an act to allow land condemned for public road purposes, to provide payment therefor, to provide bo:uds of arbitLation, and for other purposes.

SATURDAY, DECE~IBER 19, 1R96.

5-1-1

Also, a bill to be entitled an act to amend paragraph second of section two of article seven of the constitution, and for other purposes.

Respectfully submitted.

C. E. BAT'rLE, Chairman.

' Mr. Culver, Chairman pro tem. of the Committee on Penitentiary, submitted the following report:

Mr. President:
The Committee on Penitentiary direct me to report the following House bills, with recommendation that they do pass :
A bill to authorize the establishment of chain-gangs farms or other enterprises in this State.

Also, a bill to create the office of Commissioner of Pardons, and for other purposes, which they direct me to report do not pass.
Respectfully submitted.
JOHN L. CULVER, Chairman.
The following memorial report was submitted by the committee of the Senate on the death of Hon. R. U. Hardeman, which was adopted by a rising and unanimous vote:
Mr. President:
The ioint committee of the Senate and House of Representatives, designated to prepare a suitable expression

-042

JOURNAL OF THE SENATE.

-of the sorrow occasioned the General Assembly by the recent death of an honored membe1 of the House, the Hon. Robert U. Hardeman, beg leave to present the following memorial, and recommend the adoption thereof by a standing vote:

MEMORIAL
ROBERT ULLA HARDEMAN,
REPRESEXTATIVE OF NEWTON COUSTY IN THE GENERAL ASSEl\IBLY OF GEORGIA.
Died December 3, 1896.

Death has removed fl'om membet'ship in this body :a noble rnau, a courtly gentleman, a distinguished citi:zen, a wise counsellor, and one who was an aftectionate and cherished friend to each of his fellow members.
A native of this State, he lived a long life of continuous citizenship within its borders, exempli(ying in his private life the stut'diest virtues of its people, and in his public services the most eminent qualities of its statesnlen.
He served the commonwealth gallantly in war; in peace he was foremost among those who guided its policies in lines conformable to its high device-Wisdom, .Justice and Modemtiou.

SATURDAY, DECE:MllER 19, 1896.

543

Keeper of the public funds through many consecutive terms of se1vice, he guarded the honor of the State no less scrupulously than its tteasure, and laid his office downJmt shOttly before the conclusion of his days, conscious and descrYing of the high admiration of his fellow citizens, alike for the spotless integrity with which he kept his trust, and for the fidelity with 'vhich he maintained the unblemished credit of the State.

lie was a godly man, a Christian gentleman in faith and act, and, none may doubt, has gone to the rich reward of the steadfast, the virtuous and the just.

Of the many public services of his long and illustious life, of the many noble traits of his lofty charactet, of the great sotTOW which has come to a multitude of loving heatts by reason of his passing ftom the stage of earthly labor, it is not possible to speak in detail in this memotial.

As simple tribute to his vit'tues and his distinguished public setvices, and in loving testimony of the great gtief his death has brought his fellow citizens, the Gen. eral Assembly 01ders:

1st. That this memorial be entered upon a page of the Journal of each the Senate and the House of Representatives exclusively dedicated thereto.

2d. That the Clerk of the House be instructed to transmit an engrossed copy of this memorial to the family of the honored dead, as a feeble expression of the

544

J OUfu'<AL OF THE SENATE.

respectful sympathy entertained by the General Assembly for them in their gteat bereavement.

Respectfully submitted. W. W. TURNER, Chairman,

J. A. STEWART, J. R. VAN BUREN, 0. N. STARH,

Committee on part of Senate. JOHN D. LITTLE, Chaitman, S. A. REID, J. S. BOYNTON, . P. W. MELDRIM, W. A. CHARTERS,

Committee on pat't of Honse.
Adopted unanimously by a rising vote, Decembet' 19~ 1896.

The Senate took up the repot't of the Committee on Railroads on the bill of the House to authotize the sale of the Northeastern Railroad, and to confer certain powers and duties on the Governor relative thet'eto, and for other purposes.

The report was agreed to.

SATURD~Y, DECF.liBER 19, 1896.

545

The bill was read the third time, and, -on the question of its passage, the ayes and nays were recorded.

Those who voted in the affirmative were :Messrs.-

Allen, Battle, Blalock, Brinson, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett,

Flewellen, Flynt, Geiger, Golightly, Gray, Ham, Hudson, Kemp, Kilpatrick, 0 Mann, Shropshire,

Stevens, Stewart, 27th, Stewart, 34th, Thomson, Tnrner, Van Buren, Walker, 18th, Walker, 40th, Westmoreland, Wilcox, Witcher.

Those not voting were Messrs.-

Atkinson, Brooke, Hopkins, McFarland,

Redwine, Sheffield, Starr,

Sttother, Wooten. Mr. President.

Mr. Goldit(voted in _the negative.

Ayes 33. Nays 1. Not voting 10.

So the bill was!passed by a constitutional majority.

Mr. Bdnson, Chaitman of the Enrolling Committee, submitted the following repot't:

1lf1. President:
The Committee on Enrollment have examined, and direct me to report as duly enrolled and ready for the signatute of the President and Secretary of the Senate, the following Senate bill, to wit:
Sfl s

546

JOURNAL OF THE SENATE.

An act to amend the cha1-tet of the Atlanta and \Vest Point Railtoad Company.

Respectfully submitted. E. L. BRINSON, Chairman.

Mr. Btinson, Chairman of the Enrolling Committee, submitted the following report:

Mr. President:
0
The Committee on Elll'ollment have examined, and direct me to report as duly enrolled and ready for the signatures of the Ptesident and Sectetary of the Senate, the following bills and resolutions, to wit:

An act to amend the chart.er of Battle Hill.

Also, an act to amend an act for the protection of game.

Also, an act to authorize the City Council of Augusta to grant the use of the stteets of the City of Augusta to any railroad company or corporation by steam locomotive or other power, longitudinally or otherwise.

.Also, an act to repeal an act to create a Board of Commissionets of Roads and Revenues for the county of DeKalb, to define their powers and duties, approved December 8th, 1886.

Also, an act to amend the chartet of the Commercial B~m~ of Albany.

.Also, an act to alter and amend the charter of the town of Barnesville, in the county of Pike, and the acts

SATURDAY, DECEliiBER 19, 1896.

547

:amendatory thereof, so as to better provide fol' the main-tenance of the schools of said town, by striking ftom the 29th section of said chartel', which provides for a system of public schools, the word 'fifteen," in the 23d line of said section, and insel'ting in lieu thel'eof the words "twenty-five."

Also, an act to amend the charter of the town of Boston, Thomas county.

Also, a joint resolution relative to the appointment of .a School-book Commission.

Also, a resolution to pay Doorkeeper of the House.

Also, a joint resolution authorizing the Govemor to appoint delegates to the Good Roads Congress at Orlando, Fla., February 2, 1897.

Respectfully submitted. E. L. BRINSON, Chairman.

Mr. Battle inteoduced the following resolution, which was adopted :

Resolved, That a committee of three, to be known as a steering committee, shall be appointed by the President, whose duty it shall be to examine into the vari.ous mattets on the Secretary's desk and arrange the order of business and the order of such bills for passage ,as may be on the Secretary's desk.

The committee, under this resolution, consists of .Messrs. Battle, Turner and Stevens.

The Senate adjourned, on motion, until 7:30 p.m.

548

Joun:li'AL OF THE SENATE.

7:30 O'clock p. m.

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

The following message was received from the Housethrough Mr. Hanlin, the Clerk thereof:

Mr. President:

The House has adopted the following resolutions, in which the concurren_ce of the Senate is asked, to wit:

A resolution that a committee of ten from the House and five from the Senate be appointed to visit the next encampment and report to the next session of the General Assembly.

The House has concurred in the following Senate amendments to the following House bill, to wit:

One, two, three, four, five, six, nine, eltwen, twelve, and refuses to concur in the following Senate amendments, to wit: seven, eight, ten to House bill, to wit:

A bill to make appropriations for the ordinary expenses of the State goverument, and for other purposes.

The House has also adopted the report on the following House bill, to wit:

A bill to authorize solvent guarantee companies, fidelity insurance companies and fidelity deposit companies to become surety upon attachment bonds and upon the bonds of city, county and State officers~ bonds.

SATURDAY, DECElfBER 19, 1896.

549

The Honse has concurred in the following Senate I'esolntion, to wit:

A resolution to direct the wod{ of iudexing the Jour:nals of 1896.

On motion of :Mr. Battle, the Senate: insists upon its amendments to the general appropriation bill, and asks a committee of conference the1eon.

The Senate took up the teport of the Committee on Pensions on the resolution of the House providing for _payment of a pension to Sarah J. Snell.

The report was agreed to.

The resolntion was read the third time, and on the question of concurring thetein, the ayes and nays were .recorded.

Those who voted in the afthmative were Messrs.-

.Allen, Battle, Blalock, Castleberry, Comas, Cook, Culver, Dunwody, .Everett,

Flewellen, Goldin, Golightly, Gray, Hopkins, Hudson, Kilpatrick, :::ltevens,

Stewart, 27th, Stewart, 34th, Thomson, Turner, Van Buren, Walker, 18th, Walker, 40th, Witcher.

Those not voting were Messrs.-

Atkinson, Brinson, Brooke, Carter, Flynt, -Geiger, .Ham,
Ayes 25.

Kemp, Mann, l\lcFarland, Redwine, Sheffield, Shropshire,

Starr, Strother, \V estrooreland, Wilcox, 'Vooten, Mr. President.

Nays 0. Not voting 19.

So the resolution was concuJTed in.

550

JouRNAL oF THE SENATE.

.The Senate took up the report of the Committee onAppropriations on the joint resolution of the House to provide for supplying a deficiency in the contingent fund, and for other purposes.

The report was agreed to.

The resolution was read the third time and the ayesand nays recorded.

Those voting in the affirmative were Messrs.-

Allen, . Battle, Blalock, Castleberry, Comas, Cook, Culver, Dunwody, Everett,

Flewellen, Goldin, Golightly, Gray, Hopkins, Hudson, Kilpatrick, Starr, Stevens,

Stewart, 27th, Stewart, 34th, Thomson, Turner, Van Buren, \Valker, 13th, walker, 40th, Witcher.

Those not voting were Messrs.-

Atkinson, Brinson, Brooke, Carter, Flynt, Geiger,

Ham, Kemp, Mann, McFarland, Redwine, Sheffield,

Shropshire, Strother, westmoreland,. Wilcox, \Vooten, Mr. President.

Ayes 26. Nays 0. Not voting 18.

So the resolution was concurred in.

Mr. Shropshire introduced a resolution to regulate the indexing of the Journals, which was read and agreed to and ordered to be transmitted to the House.
The Senate took up a resolution from the House providing for a recess of the General Assembly, which wasread and concurred in.

SATURDAY, DECEl\IBER 19, 1896.

Ml

The Senate took up the report of the Finance Committee on the bill of the Honse to pay for and retire bonds of the State on theit maturity in accotdance with artiele seven, section fon_rteen, paragraph one of the constitution of 1877 by levy and collection of a tax, and for other purposes.

The report was agteecl to.

The bill was read the third time, and on its passage the ayes and nays wete recorded.

Those Yoting in the affirmative were ].fessrs.-

Allen, Battle, Blalock, Brinson, Castleberry, Comas, Culver, Dunwody, Everett, Flewellen,

Flynt, Goldin, Golightly, Gray, Hopkins, Hudson, Kilpatrick, Mann, Starr,

Stewart, 27th, Stewart, 34th, Thomson, Turner, Van Buren, Walker, 18th, \Yestmoreland, Wilcox, Witcher.

Those not voting were Messrs.-

Atkinson, Brooke, Carter, Cook, Geiger, Ham,

Kemp, :McFarland, Redwine, Sheffield, Shropshire,

Stevens, Strother, Walker, 40th, wooten, Mr. President.

Ayes 28. Nays 0. Not voting 16.

So the bill was passed.

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

552

JOURNAL OF THE SENATE.

ilfr. President:

I am directed by the Governor to deliver to the Sen ate a sealed communication, to which he respectfully invites the consideration of your honorable body in executive session.'

The Senate went into executive session and returned to open session.

The President announced as the committee to visit the State Industrial College for Colored People as Messrs. Redwine and Mann.

The committee announced .to attend the Georgia Normal and Industrial College in 1R97, are Messrs. Culver, Van Buren, Brinson, 'Valker of the Eighteenth District, McFarland, Tumer and Hopkins.

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

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

A resolution authorizing the Governor to borrow money to supply the casual deficiency.

The House has also appointed the following committee to act with a similar committee of the.Senate on the appropriation bill and amendments thereto, to wit :

A bill to appropriate money to run the State government for the years 1897 and 1898, and for other purposes.

SATURDAY, DECEMBER 19, 1896.

553

The committee on the part of the House are Messrs. Little, Hill and "Wight.

Mr. Battle moved the appointment of a Conference Committee on the general appropriation bill, to meet with the House committee thereon.

The Senate took up the report of the Committee on Appropriations on the bill of the House "to approp-riate $2,750 for the purpose of reimbursing the commission to codify the laws of Georgia, appointed under the act of the General Assembly approved December 19, 1893, for certair. expenditures incurred by them in the matter of performing their duties as such codifiers."

The report was agreed to.

The bill was read the third time, and, on its passage, _the ayes and nays were recorded.

Those voting in the affirmative were 1\lessrs.-

Allen, Battle, Blalock, Castleberry, Comas, Culver, Dunwody, Everett, Flewellen,

Goldin, Golightly, Gray, Hudson, Kilpatrick, :Mann, Shropshire, E:ltarr,

Stewart, 2ith, Stewart, 34th, Thomson, 'urner, Van Buren, Walker, 18th, Walker, 40th, Witcher,

Those not voting were Messrs.-

Atkinson, Brinson, Brooke, Carter, Cook, Flynt,

Geiger, Ham, Kemp, ;.\fcFarland, Redwine, Sheffield,

Stevens, Strother, "\\T estmoreland, "Wilcox, Wooten. Mr. President.

Mr. Hopkins voted in the negative.

Ayes 25. Nays 1. Not voting 18.

So the bill was passed.

554

JouRNAL OF Tim SENATE.

The Senate took up the report of the Committee on Appropriations on the resolution of the Honse "to appropriate money to M. J. Walker for reporting for convict investigation."

The report was agreed to.

The bill was read the third time, and on concurring therein, the ayes and nays were recorded.

Those who voted in the affirmative were Messrs.-

Allen, Battle, Blalock, Castleberry, Culver, Iunwody, Flewellen, Flynt, Goldin,

Golightly, Gray, Hopkin!', Hndson, Kilpatrick, Mann, Shropshire, Starr, Stevens,

Stewart, 27th, Stewart, 34th, Thomson, TurnP.r, Van Buren, Walker, 18th, 'Valker, 40th, 'Vestmoreland, Witcher.

Those not. voting were l\fessrs.-

Atkinson, Brinson, Brooke, Carter, Comas, Cook,

Everett,
Gei~er,
Ham, Kemp, Mcl<'arland, Redwine,

Sheffield, Strother, Wilr.ox, .
'Vooten, Mr. President.

Ayes 27. Nays 0. Not voting 17.

So the resolution was concurred in.

The Senate took up the report of the Committee on Apptopriations on the resolution of the House "making additional appropriation for contingent fund and for repairs to the public buildings for the year 1896."

The report was agreed to.

SATURDAY, DECEUBER 19, 1896.

55&

The resolution was read the third time, and the ayes. and nays wete recorded on the question of concuning therein.

Those who voted in the affirmative were :Messrs.-

Battle, Blalock, Brinson, Castleberry, Comas, Culver, Dnnwody, Everett, ]j'lewellen, Flynt,

Goldin, Golightly, Gray, Hopkins, Hudson, Kilpatrick,
~!ann,
Shropshire, Starr, Stewart, 27th,

Stewart, 34th, Strother, Thomson, Turner, Van Buren, Walker, 18th, Walker, 40th, vVestmoreland, Witcher.

Those not voting were :Messrs.-

Allen, Atkinson, Brooke, Carter, Cook,

Geiger, Ham, Kemp, l\IcFarland, Redwine,

Sheffield, Stevens, Wilcox, 'Vooten, 1\Ir. President.

Ayes 29. Xays 0. Not voting 15.

So the resolution was concurred in.

The resolution of the House authorizing the Govemor to borrow money to supply the casual deficiencies was read and concurred in.

The Senate took up the report of the Special Judiciary Committee on the bill of the House, to provide for the issuing of bonds by the city of Norcross, etc.

The committee reported in favor of its passage; with amendments.
The report was agreed to.

556

JoURNAL OF TilE SENATE.

The bill was read the third time and passed as amended; ayes 24, nays 0.

Proof of legal notice submitted.

A resolution of the House to appoint a committee to visit the militaty encampment was read and concurred
Ill.

The Senate took up the report of the Committee on Mauufactures on the bill of the House, to prevent the adulteration of candy.

The committee rep01-ted m favor of its passage as amended.

The rep01t was agreed to.

The bill was read the third time and passed as amended; ayes 23, nays 0.

The Senate took up the report of the General Judiciary Committee on the bill of the House, to provide for enforcing the rights of a ttustee in and to real property made to secute a note or notes Ol' other debt owing to one or more persons, etc.

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

The bill was read the third time, and passed as amended; ayes 23, nays 0.
The follo'~'ing message was received from the House through Mr. Hardin, the Clerk thereof:

SATURDAY, DECEMBER 19, 1896.

557

]lfr. Ptesident:
The House has concurred in the Senate amendments Nos. 1, 2, 4, 5, 7 and 8, and refused to coucut in amendments 3 and 6, to the following House bill, to wit;

A bill to levy and collect a tax for the support of State government and the public institutious.

On motion of Mr. Kilpatrick, the Senate receded from its amendments Nos. 3 and 6 to the general tax act.

Mr. Strother was granted leave of absence for the balance of the session on account of sickness.

The Senate took up the report of the Committee on Public Roads on the bill of the House to amend an act entitled an act to give the Commissioners of Roads and Revenues and others the authority to lay out, open, change, etc., public roads, and for other purposes.

The committee reported in favor of its passage, with an amendment, which was adopted, and the report was agreed to.
The bill was read the third time and passed as amended; ayes 23, nays 0.

The bill of the House, to amend an act to revive the office of State Geologist, was laid on the table.

The Senate took up the report of the General Judiciary Committee on the bill of the House, to provide for the payment of the fees of the Clerk of the Superior Court and others in certain cases.

.558

JOUR~AL OF THE SENATE.

The committee repol'ted in favot of its passage with :amendmeuts, which were adopted, and the report was .agreed to.

The bill was read the third tir,ne and passea, as amended; ayes 23, nays 0.

Mr. Battle submitted the following report:

Jfr. President:
The joint special committee ftom the Senate and House to consider the report of the Special Attorney for the 'Vestern & Atlantic l{ailtoad and recommend appropriate legislation, beg to report as follows:

The committee, consisting of Senators Battle of the Twenty-fourth District and Gray of the Twenty-thitd District, on the part of the Senate, and Representatives Melclt-im of Chatham, Slaton of l!.,ulton anJ Patten of 'Thomas, on the part of the House, has held several sessions, and has given a thorough and exhanstive examination into the aftftirs of the office of the Special Attorney for the Westem & Atlantic Railroad.

The Special Attorney has, upon the most"advantageous terms to the State, made a gteat many settlements of -enctoachments and ttespasses upon the State's ptoperty, and by the careful and efficient discharge of the unties -of his office, much valuable propetty has been saved to the State. 'rhe litigation has been satisfactorily and successfully conducted wherever litigation was necessary to properly protect the State's interest.

It would be a tedious task for your committee to give a detailed account of these settlements of. the liti-

SATURDAY, DECEMBER 19, 1896.

. 559

gated cases that have been disposed of. We therefore

desire to call special attention to the exhaustive report

made by this official. We feel sure that the wol'l{. done

by the Special Attorney is not o11ly of great present

value to the State, but that its value so far as the future

of the Western & Atlantic Railroad is concerned is

much greater than we could possibiy estimate in dollars

at this time. Thete are sevetal important matters that

are yet undisposed of. Two ot three of these involve

considerable litigation, but the Special Attorney feels

sure that all of them may be disposed of within the

next two years. \Ve, therefote, recommend a contin-

uance of the regular appropriation for his salary, which

recommendation was adopted by the General Assembly

in the passage of the general appropriation bill.

Your committee has recommended the following resolutions, which have been adopted by the present General Assembly:

1. Resolution directing proceedings to be instituted against the Nashville, Chattanooga & St. Louis RaihYay for the recovery of part of the original depot grounds at Chattanooga.

2. Resolution to concur in additional terms proposed by the city of Atlanta. affecting Wall stteet and the triangle.
3. Resolutions authorizing the Atlanta, Knoxville & Northern Railway Company to avail itself of the privilege granted the Marietta & North Georgia Hailroad Company in the use of the right of way of the Western & Atlantic Raihoad at Marietta.

560

JOURNAL OF THE SENATE.

4. Resolution concerning official maps, character and value of the work.

5. Resolution requesting the General Assembly of Tennessee to authotize filing of maps in Hamilton county, Tennessee, and give to same when so filed tbe fotce and efl'ect of a recotd to deeds to lands.

Respectfully submitted. C. E. BATTLE, Chail'man, C. G. GRAY, Senate Committee.
P. W. MELDRIM, Chairman, JOHN SLATON, ARTHUR PATTON,
House Committee.

The Conference Committee on the part of the Senate on the General Appropriation bill consists of Messrs. Stevens, Battle and Stewart of the Tweuty-seventh Disttict.
Mr. Stevens, Chairman of Committee on Appropriations, submitted the following report:
Mr. President:
Your committee have had under consideration the following bill, which they instruct me to report back, with recommendation that same do pass as amended, to wit:

SATURDAY, DECEl\IBER 19, 1896.

561

A bill to amend an act to revive the office of State Geologist.

Respectfully submitted.

0. B. STEVENS, Chairman.

Mr. Battle, Chairman of the Committee on General Judiciary, submitted the following report:
Mr. P1esident:
The General Judiciary Committee direct me to report the following bill, with recomq1endation that it be laid on the table until session of 1897, as unfinished business, to wit :
A bill to amend and alter the acts of 1889 (page 58, section 2), trustees and officers State Lunatic Asylum.
Respectfully submitted.
C. E. BATTLE, Chairman.
n Mr. Battle made the following report:
The Conference Committee, appointed on the part of the Senate to meet with a like committee on the part of the House, to consider the difterences existing be.tween the Senate and the House on the General Appropriation bill, submitted the following report:
Mr. President:
The Confetence Committee of the Senate, appointed to confer with a like committee on the part of the House, to consider the dift"erences existing between the
36s

562

JOURNAL OF THE SENATE.

Senate and the House on the general appropl'iation bill, beg leave to submit the following report, to wit:
The committee recommends that the Senate recede from its amendment to the general appropriation bill increasing the appropriation to the Lunatic Asylum from $270,000 to $280,000 for 1897, and from $280,000 to $290,000 for 1898.
The committee further recommends that the House do recede from its refusal to concur in the following Senate amendments, to wit:
Appropriating $6,391.06 for furnishing the dormitories of the Georgia Normal and Industrial College.
Also, appropriating $4;000 for Tennessee Centennial Exposition.
We ask the concurrence of the Senate in this report.
Respectfully submitted.
0. B. STEVENS, Chairman, J. A. STEWART, C. E. BATTLE,
Senate Committee.
J. D. LITTLE, Chairman, B. H. HILL, E. L. WIGHT,
House Committee.

On motJon of Mr. Battle, the Senate refused to adopt the report of the Conference Committee.

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

Mr. Pre8ident:

I am instructed to inform the Senate that the House

SATURDAY, DECEMBER 19, 1896.

563

refuses to adopt the report of the conference committee upon three items of the general appropriation, and ask that a new conference committee be appointed to the following House bill to wit:

A bill to appropriate money to run the State government, and for other purposes.

The committee on the part of the House are Messrs. :Blalock, Hart and Battlett.
The Senate took up the report of the General Judiciary Committee on the bill of the House to make it unlawful for fire insurance companies not incorporated by law to do certain things, and for other purposes.
L The committee reported in favor of its passage with amendments which were adopted, and the report was agreed to.
The bill was read the third time and passed as amended; ayes 24, nays 0.
The resolution of the House relative to pensions of the veterans of the war with Mexico by the general government, was read and concurred i'n.
The committee appointed to visit the military encampment of the Georgia volunteers, are Messrs. Dunwody, Battle, Stewart of the Twenty-seventh District, Hopkins and Kilpatrick.
The following message was received from the House through Mr. Hardin, the Clerk thereof:

Mr. President:
The House has allopted the following resolution in which the concurrence of the Senate is asked, .to wit:

564

JounNAr. oF THE SENATE.

A resolution reconsidering a previous resolution fixing the time of adjournment, and fol' other purposes.

The second committee of conference on the part of the Senate on the general appropriation bi II, consists of Messrs. Stevens, Duuwody and Van Buren.

The resolution ofthe House amending the resolution on adjournment which provides for a recess instead of an adjournment, was taken up and concurred in.

The following bills of the House were, on motion, laid on the table, to wit:

A bill to create the office of Commissioner of Pardons, etc.

Also, a bill to authorize the establishment of chaingang farms, etc.

The bill Of the House to create a Board of Pension

Com missioners for each com1 ty, etc., was read the

second time and recommitted to the Committee on

Pensions.

- ....

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

Mr. President:

The House has concurred in the Senate amendments to the following House bills, to wit:

A bill to provide for the issuing of bonds for school purposes for the town of Norcross.

SATURDAY, DECE~lBER 19, 1896.

565

Also, a bill to provide for the rights of a trustee in a deed to real property made to secure a note or notes owing to one or more persons.

Also, a bill to provide fol' the payment of the fees of the clerk of the Superior Court, sheritl~ solicitor of the county court, and other officers.

.Also, a bill to prevent the adulteration of candy.

Also, a bill to amend an act to gi,e the commissioners of roads and revenues the authority to lay out, open, change OL' discontinue public roads and levy a tax for the same.

Also, a bill proYiding a penalty for fite insurance companies doing business without license.

The House has also adopted the following resolutions, in which the coucn1Tence of the Senate is asked, to wit:

A resolution requesting the Senators and Representatives in Congtess to use all honotable means to secure the passage of the hill to mOL"e fully regulate contempt ptoceedings in Fedeml Coutts.
Also, a resolution providing for arbihatiou between corporations and employees.
The bill of the House to authorize the recording of bonds for titles to real estate was, on motion, laid on the table.
Mt. Duu"ody.submitted the following report:
The Conference Committee appointed upon the part of the Senate to confer with a like committee upon the part of the House, beg leave to report:

566

JouHNAr, oF 'riiE SENATE.

Mr. President:
Your committee having met the House committee in conference to consider the amendments of the Senate to House Bill No. 118, heg leave to say, that after due consideration of the matters referred to them, report back that they are unable to agree upon any of the amendments.

0. B. STEVENS, Chailman, HARRY F. DUNWODY, JAMES R. VAN BUREN.

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

Mr. President:

The House has adopted the report of the Conference Committee on the following bill of the Homle, to wit:

A blll to provide for appropriations for the general State govemment, and fot other purposes.

The following bills and resolutions ~of the House were taken up under the favorable reports of commit tees. The reports were agteed to. The bills were read the third time and passed as indicated, to wit:

A bill to establish, maintain and regulate a dispensary in the town of Fort Gaines, in Clay county.

Ayes 28, nays 0.

A resolution providing for a recess of the General Assembly.

SATURDAY, DECEMBER 19} 1896.

567

A resolution providing for the publishing of the acts and resolutions of this session.

Ayes 25, nays 0.

A resolution authorizing and directing the Clerk of the House and the Secretary of Senate to furnish each and evey member of the General Assembly with a list of unfinished business.

Ayes 23, nays 0.
A resolution for the relief of Darien and Western Railway Company
.Ayes 23, nays 0.
A bill to regulate the practice of the Supreme Court in certain particulars.

Ayes 24, nays 0.

A resolution providing for suspension of collecting taxes for county of Charlton, for year 1896, until February 1, 1897.
Ayes 27, nays 0.
A bill to make clear and define the meaning of an act to allow pensions to certain Confederate widows, and for other purposes.
Ayes 29, nays 0.

A bill to amend, change and repeal the charter of the town of Arabi.
Ayes 25, nays 0.

568

JouRNAL oF THE SENATE.

A bill to provide compensation for the Otdinary of Twiggs county for extra services.

Ayes 23, nays 0.

A bill to amend the public school system of Madison,

Ga.



Ayes 25, nays 0.

A bill to create a Board of County Commissioners of Roads and Revenues for county of Charlton.

Ayes 23, nays 0.

A bill to amend an act iucorporating the Atlanta Loan aud Trust Company.

Ayes 26, nays 0.

A bill authorizing the Commissioners of Chatham county to fill vacancies in their board.

Ayes 25, nays 0.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Pulaski.
l Ayes 2~, nays 0.

A bill to amend an act to establish a Board of County Commissioners for Bibb county.
Ayes 26, nays 0.

A bill to amend the chat"ter of Valdosta. Ayes 25, nays 0.

SATURDAY, DECEMBER 19, 1896.

569

A bill to amend the charter of the town of Colquitt.

Ayes 26, nays 0.

A bill to establish a system of public schools in the town of Raccoon, in Chattooga county.

Ayes 25, nays 0.

A bill to create a Board of Commissioners of Roads and Revenues for the county of Lee.

Ayes 23, nays 0.

A bill to amend an act incorporating the town of Jefferson, in the county of Jackson.

Ayes 23, nays 0.

A hill to amend an act incorporating th~ town of Barnesville, in the county of Hart.

~yes 24, nays 0.

A bill to incorporate town of Rochelle in city of Ro-chelle.

Ayes 25, nays 0.

A bill to amend an act to create a Park and Ttee Commission fot the city of Savannah.
Ayes 23, nays 0.

A bill to prescribe the terms of admission into the Georgia School for the Deaf.
Ayes 23, nays 0..

570

JouRNAL oF TIIE SENATE.

A bill to provide for the payment of costs of court in trial of misdemetmor cases in this State.

Ayes 23, nays 0.

A bill to reincorporate the town of Livonia, etc.
Ayes 23, nays 0.
A bill to :fix and define the liabilities of receivers, trus-
. tees, assigns and others operating raihoads in this State.
Ayes 23, nays 0.
A bill to confitm a grant to the Trustees of Wesley Monumental Church.
Ayes 24, nays 0.
A bill to authorize J. C. K. Cotter to peddle without license.

Ayes 23, nays 0.
A bill to regulate the taking of fish in streams of Whitfield county.
Ayes 23, nays 0.

A blll to regulate the returns for consigned goodsand farm ptoducts.
Ayes 23, nays 0.

A bill to protect fish, oysters, etc., in Christmas creek.

Ayes 24, nays 0.

SATURDAY, DECEMBER 19, 1896.

571

The report of the committee on tbe following bill was taken up and agreed to. The bill was read a third time and passed.

A bill to protect fish, oysters, clams, etc, in Christmas creek and its tributaties, and for other purposes.
Ayes 24, nays 0.

Mr. Dunwody presented the following report:

Mr. President:
Your committee on conference having met the House committee, beg leave to report:

That the Senate recede from its amendment in appropriating the sum of $6,391.06 for the support of the Normal and Industrial School at Milledgeville, and the sum of $4,000 for agricultural department for an exhibit at Nashville, and that the amendment for the support and maintenance of the Lunatic Asylum be agreed to.

Respectfully submitted.
0. B. STEVENS, Chairman, HARRY F. DUNWODY, JAMES R. VAN BUREN.

Mr. Carter rose to a question of personal privilege, and proposed to amend his response to the resolutions of the Senate.

The point of order was raised that the response had been transmitted to the House of Representatives, and

572

JOURNAL OF TilE SENATE.

was not therefore within the power or control of the Senate.

The President sustained the point of otder.

Mr. Cartet was allowed to submit a supplemental report.

This he did, and the report was read, but no action was taken upon it.

Mr. Cook, Chailman of the Committee on the Penitentiaty, submitted the following report :

Mr. Ptes-ident:

Your committee to whom were assigned the work of visiting, inspecting and repot'ting upon the condition of the various convict camps in Georgia, beg to say that they have pel'fol'rued that duty as fully and thoroughly as time and circumstances would admit.

These investigations wete made by sub-committees of this committee, as in no other way could the work be done in the limited time.

Your committee inspected the convict camps located nt Reynolds, Maxwells, and Mc~1illens, in Charlton county, and found 259 convicts, of whom :.!52 ate coloted and 7 white, distributed at said camps as follows:

At Maxwells-111 colored, 1 white.

At McMillens-82 colored, 6 white.

At Reynolds-5~ colored.

SATURDAY, DECE:IIBER 11:1, 1896.

5i3

We find these prisoners well fed, well clothed and reasonably wOI'ketl, and as cheerful and contented as persons in such condition could be expected to be. We found six of the prisoners in hospitals, two of whom h.ad been injured by the recent storm, one slightly wounded by an axe, two sufl:"ering from bilious attacks, and one from general debility fro~ long confinement in jail. The hospitals are under the efficient care of Dr. "\V. H. Hanley, -and seems to be all that could be desired in that line. The sanitary conditions of the camps seem good, and the general condition and tteatment of the prisoners are such that your committee have no suggestions to make looking to their improvement.
We also visited the camp at Smitbsonia in Oglethorpe county. We find the location of the camp and sanitary regulations such as will tend to promote the good health of the inmates, which is indicated by theit general healthy appearance. vVe find only one inmate in the hospital who is suffering from consumption. The hospital is ample, and in good condition, as are also the sleeping quarters, the culinary and subsistence departments. The rations are sufficient, and the inmates are well clad. The discipline seems to be good, and general demeanor cheerful. For statistical information we refet to the office of Principal Keeper of the Penitentiary. What has been said with reference to the camp at Smithsonia applies with equal force to the camp at Heardmont in Elbert county. The inmates of this camp ate composed exclusively of women, und none are one the sick list.
At the camp at Glenwood we find 39 convicts; at the camp at Echo 123; at Ad !'ian 117, and at Pine Luckey 32, all doing as well as we think the managers can under the circumstances provide.

574

JounN,AL: oF THE SENATE.

We also visited the camps n.t Richwood, Kramer, Pitts, and t\v~ camps at Wol'th, and made rea'lonably thotough examination of same, and are pleased to report that we found no abuses or objectionable features at either place. The stockades are all comparatively new and comfortable, and the sanitary conditions are good. The convicts ~ppear to be well feel and clothed, and ftom all appearances we believe them to be humanely treated.

we found very few convicts on the sick list, and heard no complaint from any of them. They all seem to be_ contented with the treatment they receive. We commend the management of each campf and have no criticisms to ofl'er.

\Ve also visited the convict camps known as Cole City, in Dade county, and the Durham Mines camp, in \Valker county, and submit the following:

From a thorough inspection of the sleeping quat'ters of the convicts at both of the above camps, we found them to be satisfactory. The same sanitaty. artangement prevails in both camps, which we believe is good and sufficient. \Ve could detect no bad or foul odors, and we saw no evidence at either camp of filth. We f-ound the bedding at both camps to be as clean as could be expected from the character of wotk the .convicts are required to perform. We cut open many mattresses at both camps, and found them to be filled with bright, clear straw.

.At Cole City we find that each prisoner is provided with a bunk. .At Durham mines we find that two convicts occupy one bunk, and we suggest that this be

SATURDAY, DECEMBER 19, 1896.

575

remedied, so that each convict shall ha>e a separate bunk. Large stoves keep the sleeping department warmed up, and each bunk is supplied with blankets sufficient for the coldest weather.

From our inspection we believe that the convicts at both camps are provided with clothing and shoes as the law directs, and from conversation with and the strong healthy appearance of the convicts, we are forced to believe that they are sufficiently supplied with wholesome food. We found the cooking department at both ~amps in clean coudition and their food as well prepared as any reasonable man could expect.

Your committee had the pleasure of partaking of an -elegant dinner prepared and served by convicts.

We inspected the mines, walking several miles thwugh the tunnels along which the convicts were at work. rrhe gteatet portion of them appeared cheerful and contented. We find that each convict is ghen a daily task, which many of them finish by one and two o'clock, after which they are requirPd to do no more work that day. 'Ve do not believe that any g1eat wrongs or abuses exist at either of these camps, and without going into the merits or demerits of the present convict system, rt:alizing the fact that these convicts are confined for the protection of society, made necessary by their own misdeeds, we are forced to the conclusion that the <!at'e and treatment and condition of these unfortunate creatutes are as good and humane as any good citizen could reasonably expect, and is such as the law contemplates.
Respectfully submitted. PI-IlL COOK, Chairman.

576

JOURNAL OF THE SENATE.

Mr. Brinson, Chairman of the Enrolling Committee, submitted the following report:

Mr. President:
The Enrolling Committee have examined, and direct me to report as duly enrolled and ready for the signatures of the President and Secretary of the Senate and Speaker and Clerk of the House of Representatives, the following Senate bills, to wit:

A joint resolution extending to the Hon. Wm. J. Bryan a cordial invitation to visit our State.

Also, a joint resolution authorizing the Secretal'.Y of Senate to buy one hundred chairs for use of committee rooms.

Respectfully submitted.

E. L. BRL.~SON, Chairman.

Mr. Brinson, Chairman of the Enrolling Committee, submitted the following report:

ilfr. President:
The Enrolliug Committee have examined, and direct me to report as duly enrolled and ready for the signatures of the President and Secretary of the Senate and Speaker and Clerk of the House of Representatives, the following Senate bills, to wit:

A bill to be entitled an act to provide for the uniform amendment of bank charters.

Also, a bill to be entitled an act to ptohibit the pmc-

SATURDAY, DECEMBER 19, 1896.

577

tice of law, medicine, dentistry, etc., in this State with-<>ut having paid the special tax.

Also, a bill to be entitled an act to authorize the Railroad Commission of Georgia to compel the shipper, -or consignee, or officer, agent ot employee of a common -carrier to give evidence, on certain conditions.

Also, a bill to be entitled an act to authorize the town of Calhoun, in Gordon county, to establish and maintain a system of public schools.

Also, a bill to be entitled an act to alter and amend an act entitled an act to provide for the establishment and government of a Stata naval militia, and for other purposes connected therewith, and for other purposes.

Also, a bill to be entitled an act to require all claimants of land sold undet transfetred wild land tax fi. fas., or under insufficient advertisement of transferred or untransfened wild land tax fi. fas. prior to the first day of January, eighteen hundred and eighty, to bring suit for such land within thirty-six months, and to provide for the manner of bringing such suits, and for other pur_poses.

Also, a bill to be entitled an act to repeal an act to fix the compensation of the County Treasurer of M;riwether county, approved Februaty 19, 1876, and to provide for the compensation of the County Treasurer of Meriwether county, and for other purposes.

Also, a bill to be entitled an act to authorize the mayor and council of the town of Millen to issue bonds :to the amount of eight thousand ($8,000) dollars for
37 s

578

JOURNAL OF THE SENATE.

the purpose of constructing academy or academies, anill for other purposes.

Also, a bill to be entitled an act to authorize the ordi-nary of Appling county to otganize chain-gangs of the-misdemeanor convicts and work them on the roads in said county, and for other purposes.

Also, a bill to be entitled an act to amend the chat'ter of Baxley and provide a free school system therefor.

Also, a bill to require the tax-collectors of this State to make monthly reports under oath of all taxes collected, and for other purposes.

Also, a bi.ll to be entitled an act to amend the law ascontained in the last paragraph of section 918 of theCode of 1882, so as to reduce the bond required of taxreceivers.
Also, a bill to direct the indexing of the Joumals of" the House and Senate for the year 1896.

Respectfully submitted. ED\V. L. BRINSON, Chaitman.
Mr. Brinson, Chairman of the Committee on Enroll-ment, submitted the follmving report:
Mr. President:
The Committee on Enrollment have examined, ancl direct me to report as duly enrolled anu ready for the signatme of the President and Secretary of the Senate and Speaker and Clerk of the House of Representa-tives, the following resolutions, to wit:

SATURDAY, DECEMBER 19, 1896.

579

A resolution providing for the appointment of two men for the floor by the Doorkeeper of the Senate.

Also, a resolution requesting the General AHsembly of the State of Tennessee to enact appropriate legislation authorizing the filing of certain official maps of the vVestern and Atlantic Hailroad in Hamilton county, Tennessee, and giving to the same, "hen so filed, the force and effect of a record of deeds to lands, and for other purposes.

Also, a resolution directing proceedings to be instituted for the reGovery of part of the original depot grounds belonging to the State at Chattanooga, Tennessee.
Also, a resolution concurring in and adopting certain additional terms proposed by the city of Atlauta afFecting wall street and certain vroperty designated as the "triangle."

Also, a resolution continuing in existence the special commission allowed under a joint resolution, approved December 18, 1894, for the purpose of hearing, considing and finally determining any and all matters of controversy and issues, both of law and fact, relating to the western and Atlantic Railroad.

Also, a resolution that the Keeper of Public Buildings, or other proper authority, be instructed to arrange for lighting Senate chamber with electricity.

Also, a resolution authorizing the President:and Secretary of the Senate and Speaker and Clerk of the House and certain officers of the General Assembly to

580

JOURNAL OF THE SENATE.

remain after the adjournment of the General Assembly for the purpose of bringing up unfinished business.

Also, a resolution that the Atlanta, Knoxville and N ortbem Railway Company acquire certain rights in the use of the right of way of the vVestern and Atlantic Railroad in and near the city of Marietta.

Respectfully submitted. E. L. BRINSON, Chairman.

Mr. Battle oft"ered the following resolution, which was agreed to by a standing vote :

Resoh'ed, 'l'hat the thanks of the Senate are due to the Hon. Robert L. Bernet, the President of the Senate, for the fair, impartial and able manner in which he has d.ischarged the atduous duties of the honorable aud high office be occupies.
Hesolved further, That the said R. L. Berner has encleared himself to this body, and we shall always regard him with warm emotions, and shall always look forward with pleasure to his advance in the future.

At the hour of 12 o'clock at night, the Senate was d.eclared by the President adjourned, under joint resolution, until the first Wednesday in February, 1897.

WEDNESDAY, FEBRUARY 3, 1897.

581

Senate Chamber, Atlanta, Georgia, Wednesday, February 3, 1897, 10 O'clock a.m.
The Senate met pursuant to adjournment, and was called to order by )fr. Berner, the President.

Prayer was offered by Senator Turner, of the Thirtyseventh District.

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

Those present were Messrs.-

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hudson, Kemp, Kilpatrick, 2\Iann, McFarland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of 2ith, Stewart of 34th, Strother, 'rhomson, Turner, Van Buren, Walker of 18th, Walker of 40th, 'Vestmoreland, 'Vilcox, "Witcher, wooten, Mr. President.

Those absent were Messrs.-

Dunwody,

Hopkins.

)lr. Yan Buren, Chairman of the Committee on Journals, reported the Journal correct.

It was then read and confirmed.

)fr. Battle mowd 1hat )Ir. Dunwody be excused from this day's session on account of speeial business.
This motion preYailed.
The resolution of the House relating to contempt pro-

582

JOURNAL OF THE SENATE.

ceedings in Federal Courts was laid upon the table until the next session.

)fr. Battle offered the following resolution, to wit:

Resolved by the Senate, That this body does not consider and act upon any House or Senate bills Or resolutions now pending on the desk of the Secretary of the Senate, during to-day's session.

On the question of agreeing to this resolution, Mr. Battle demanded the ayes and nays.

Those voting in the affirmative were 1\lessrs.-

Battle, Blalock, Brooke, Culver,

Shropshire, Stevens, Thomson, Van Buren,

Walker of 18th, ':Vestmoreland, Wilcox.

Those voting in tire negative were 1\fessrs.-

Brinson, Carter, Flynt, Geiger, Goldin, Golightly, Gray,

Ham, Kemp, 1\:Iann, McFarland, Redwine, Starr,

Stewart of 21th, Stewart of 34th, Turner, Walker of 40th,
Wi~cher,
'Vooten.

Those not voting were )fessrs.-

Allen, Atkim;on, Castleberry, Comas, Cook,

Dunwody, Everett, Flewellen, Hopkins, Hudson,

Kilpatrick, Sheffield, Strother, l\:Ir. President.

Ayes 11. Nays 19. Not voting 14.

So the resolution was not agreed to.
Mr. Brinson offered a resolution "urging our Senators and RepresentatiYes in Congress to favor protection to

WEDNESDAY, FEBRUARY 3, 1897.

583

-producers of sea island cotton, rice and yell()W pine lumber."

Read and referred to the Q()mmittee ()11 State ()f the Republic.

By general consent, on motion of Mr. Stewart of the 'Thirty-fourth DistJict, the Senate took up the report of the Committee on Banks on the bill of the House to regu late the benefits of all debenture redemption companies,
ete.

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

The bill was read the third time, and, on motion, was laid on the table.

By general consent, the Senate took up the report of the Committee on Bapks on the bill of the House to authorize the Georgia Security and Banking Company to -exchange real estate for stock, etc.

'fhe report was agreed to.

The bill was read the third time, and on the question of its passage the ayes and nays were recorded.

Those voting in the affirmative were Messrs.-

Battle, Blalock, Brooke, Carter, <Julver, Flynt, -Geiger, Goldin, Golightly,

Gray, Kemp, l\1ann, McFarland, Redwine, l:;tarr, Stevens, Stewart of 2ith,

Stewart of 34th, Turner, Van Buren, Walker of 18th, Walker of 40th, 'Vestmoreland, Wilcox, Wooten.

584

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

Allen, .Atkinson, Brinson, Castleberry, Comas, Cook, Dunwody,

Everett, Flewellen, Ham, Hopkins, Hudson, Kilpatrick,

SbeffiE:~ld,
Shropshire, Strother, Thomson, Witcher, Mr. President.

.Ayes 25. Nays 0. Not voting 19.

So the bill was passed by a constitutional majority.

Mr. Hopkins was granted leave of absence for this day's session on account of sickness.

The Senate, on motion, adjourned until 12 o'clock meridian.

12 O'clock m. The Senate met pursuant to adjournment, the President in the chair, and adjourned, on motion, to 2:30 o'clock p.m.
2:30 O'clock p.m. The Senate met pursuant to adjournment, and was called to order by the President.
The roll call was, on motion, dispensed with.
Leave of absence was granted Mr. Stewart, of the Thirty-fourth District, for the remainder of this session.
The Senate, on motion, took a recess for twenty minutes.
At the expiration of the recess the Senate was called to order by the President pro. tern., and took another re-

WEDNESDAY, FEBRUARY 3, 1897.

585

cess for fifteen minutes, at the end of which period it was again called to order.

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

Mr. President:

The House has adopted the following resolution, in which the concurrence of the Senate is asked:

A resolution to pay the expenses of the Investigation Committee.

The bill of the House to authorize the establishment of chain-gang farms, etc., was taken from the table and again laid upon the table until the next session.

The resolution of the House to pay the expenses of the Investigation Committee.

The same was amended, on motion of l\Ir. Battle, by appropriating out of the sum of six thousand dollars mentioned in the resolution, to Senator Carter, of the Thirty-first District, one hundred and eighty dollars.

The resolution, as amended, was concurred in.

l\Ir. Brinson, 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 rresident and Secretary of the Senate, the following act of the House:
An act to authorize the Georgia Security and Banking Company to exchange real estate for stoek, etc.
Respectfully submitted. E. L. BRI~SO~. Chairman.

-li86

JoURNAL OF THE SENATE.

The Senate, on motion, took a recess for fifteen minutes, and at the expiration of this period was again called to order.

The following message received from the House through 1\fr. Hardin, the Clerk thereof:

111r. President:

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

A resolution to pay mileage to the members of the General Assembly for the February session, 1897.

The Senate took up the resolution of the House to pay the per diem and mileage of the members and officers of the General Assembly for the session of February, 1897.

l\fr. Battle offered to amend the resolution by striking therefrom all reference to members, officers and cletks.

Upon the adoption of his amendment he required the ayes and nays to be recorded.

Those voting in the affirmative were )iessrs.-

Battle, Blalock, Carter, Cuher,

Flewellen, Flynt, Goldin, Gray,

Kemp, Kilpatrick, Reciwiue, Walker of 18th.

Those voting in the negative were Messrs.-

Allen, Atkinson, Brinson, Comas, Cook, EYerett, Geiger, Ham,

Hudson, :Mann, .McFarland, Shropshire, Starr, Stevens, Stewart of 27th, Strother,

Thomson, Turner, Van Buren, Walker of 40th, \Vestmoreland, \Vilcox, Witcher, Wooten.

WEDNESDAY, FEBRUARY 3, 1897.

587

Those not voting were Messrs.-

:Brooke, Castleberry, Dunwody,

Golightly, Hopkins, Sheffield,

Stewart of 34tb, :Mr. President.

Ayes 12. Nays 24. Not voting 8.

So the amendment was lost.
Mr. Strother proposed to amend the resolution by adding after the word "mileage," the words "three cents per mile, for the February session."

This amendment was lost.
The resolution was then adopted.
The following message was receiYed from the House through Mr. Hardin: the Clerk thereof:

1llr. President:
The House has refused to concur in the Senate amendment to the House resolution, to wit:

A resolution to pay the expenses of the Investigation Committee.

The foregoing message was taken up, and on motion -of l\fr. Battle, adhered to its amendment to the foregoing resolution.

Mr. Berner rose to a question of pl'ivilege, which, having stated, it was ordered to be spread upon the Journal .of the Senate.

It is as follows:
J1. Presi.dent: I rise to a question of personal privilege, and I ask for
.a few moments the attention of the Senate.

588

JoURNAL OF THE SENATE.

During the Autumn session of the General Assembly I was informed that a report was in citculation which charged that I was responsible fol' the insertion of the name of Judge Reese in the statement of eharges presented by Senator Cartet in response to the demand of the Senate.
It was charged that I had a conYersa.tion with the Senator on the evening he offered his answe1, and that in that conversation I either insisted, requestt>d ot suggested to him the ad'dition of the name of Judge Reese to his report. My informant was ~Ir. J. K. Ohl, of the Atlanta Constitution. 'l'he information came to me under the following conditions: I was p1esiding over the Senate on the second moming following the presentation of the report, when )Ir. Ohl approached the chair and informed me that such a report W<ts in circulation. I then and there denounct:>d it as a falsehood. It so happened that at that monwnt Renatot C'mter was near the desk of the Secretar~-. and I sent for him. In the presence of Mr. Ohl I askE>d him if I was directly or indirectly responsible for the presence of tlw name of Judge Reese in his report. He promptly and emphatically declared that I was not dil'ectl;r or indirectly responsible for it.
I recalled the fact that Senator J. P. Brooke was present at the only conversation I had with Senator Carter in which the matter was referred to, and I sent for that Senator. To him I put the same question that I did to Senator Carter, and he resJjonded with the samP emphasis and promptness that I was in no way responsible for it.
l\Ir. Ohl applied to other sources of infol'mation in order to obtain the truth of the matter. Eddence' accumulated, and it came unsought. He becanw satisfied that the report was a falsehood, and immediately following the adjournmt>nt of the session he deYoted a paragraph to it in the news column of the Atlanta Constitution, in which he stated that inYestigation showed

WEDNESDAY, FEBRUARY 3, 1897.

n89

that the President of the Senate was in uo way connected with the incorporation of the charges against Judge Reese.
Since the revival of this rumor, :Mr. Ohl, at my request, furnished me a letter in which he states the facts connected with his investigation, and I now read that letter for the information of the Senate.
"\Yashington, D. C., January 27, 1897.
Ron. Robt. L. Berner, Forsyth, Ga.:
~1y Dear Sir:-Replying to your request th,at I state what occurred during the session of the legislature concerning a certain report about yourself and my investigation of the same, I have to say: The day Senator Carter submitted to the Senate his charges against certain judges-or perhaps it was the day aftet he made his formal charges-! heard it rumored that Carter had inserted the name of Judge Reese at your suggestion. As soon as I beard that rumor, I went to John Sibley, a close friend of Senator Carter, and told him what I had heard. He said there was no truth in the report, and no ground for it; but determined to go to the fountain head for the facts, I walked into the Senate Chamber, and at a convenient mmnent soon after, took a seat by your side. You were then presiding over the Senate. I told you what I had heard. You expressed the most emphatic denial of the truth of the report, and told me that was the first intimation you had receiYed of the existence of any such story. It happened that Senator Carter walked by at that juncture, and you called him to where we were. You asked him the direCt question, whether you had suggested to him the insertion of Judge Reese's name Oi' the name of anybody else, or whether you had made any suggestion of any nature at all to him. Senator Carter declared emphatically that you had not. Then you called Senator Brooke, who had, it was understood, been in close conference with Senator Carter, and

590

JOURNAL OF THE SENATE.

had aided him in the preparation of the paper embody-

ing his charges, and you asked Senator Brooke if you

had in any way, directly or indirectly, made such a sug-

gestion as the one referred to in the story I had told

you. He declared that there was no truth whatever in

the report. Subsequently I talked with both of these

gentlemen concerning the story, and both reit'erated

what they said in your presence. I could :find absolutely

nothing which seemed to give any warrant for the re-

port connecting your name with the charges.

In view of the fact that there seems to be a revival of

that story, you are at liberty to use this letter as you

may see :fit. I am, yours very truly,
Dear Bob:-Does this cover it?

J. K. OHL. Yours,

JOE OHL.

I had thought that the rigid investigation then made had satisfied every person who was anxious to know the truth, and every enemy whose malice permitted him, even for a moment to exercise his honest judgment. But since the close of the investigation the report has been revived, and commented upon by the press. For what purpose it was revived I do not care to discuss, but I leave the Senate and the public to judge, but I here and now declare that any statement that I either insisted, requested or suggested, directly or indirectly, to Senator Carter the insertion of the name of Judge Reese in his report, is an absolute and unqualified falsehood.
I am satisfied that nothing I said or did influenced the Sell'ator in the conduct of the matter which I then had in hand. As an evidence of that fact, I desire to read to the Senate the following statement given by the Senator from the Thirty-first District:

WEDNESDAY, }fEBRUARY !3, 1897.

59!

State of Georgia, Senate Chamber, Atlanta, Ga., Feb'y 3rd, 1897.
To \Vhom it l\fay Concern:
Certain persons and newspapers of this State having charged or intimated that Ron. Robt. L. Berner instigated or caused the name of Judge Seaborn Reese to be included in the names of Judges recently submitted by me to the Senate of this State as persons unworthy to wear the ermine, in justice to Mr." Berner as well as to myself, I desire to state that Mr. Berner had absolutely nothing to do, either directly or indirectly, with the charges against Judge Reese, and that he did not know that Judge Reese's name would be so presented until the report by me was made in open Senate.
W. Y. CARTER.

In addition to this clear and manly exoneration I offer also the following letter of Senators Battle and Brooke, which explain themselves:

January 25, 1897. Ron. Robt. L. Berner, Forsyth, Ga.:
My Dear Mr. Berner : - I am just in receipt of your letter of the 23d inst., in which you ask if I remember the conversation had between Senator Brooke, you and myself, in reference to the charges made by Senator
vV. Y. Carter against Judge Reese.
In reply, I beg to state that I do remember the conversation you mention, and will here give you a statement of the facts made, as I now recall them:
You had previously, during the same day, stated to me that you had heard that you were charged with having urged Senator Carter to include the name of Judge Reese in the charges that he intended filing with the Senate, in obedience to the resolutions paS>Sed by the Senate. At the time you also stated that the charge was entirely untrue; you stated, furthermore, that your informant

.592

JOURNAL OF THE SENATE

was l\lr. J. K. Ohl, a member of the Constitution's staff, and that at the time Mr. Ohl was giving you tl1is infor mation Senator Carter happened to be near the President's chair, and that you called to him, and in the presence of Mr. Ohl stated what you had just hemd and asked Senator Carter to state if it was true, and that Senator Darter stated that it was not true, that you had nothing to do with his report or causing him to include the name Of Judge Reese, or any one else, therein.
After you had stated these facts to me I r~plied that certainly no one would longer entertain any such idea, if they were made acquainted with the facts. Later I was in the room, with others, assigned to the use of the President of th~ Senate, when you came to the door, and calling to me, stated that you had had a convetsation with Senator Brooke; you then related the substance of the conversation to me, and stated that, as your friend, J'OU desired me to talk with s~nator Brooke, and have him to make the statement tom~. At this juncture, and while we were still talking, Senator Brooke came along .and you called to him and stated that you had related to me the conv~rsation that you and he had, and asked Senator Brooke if he objected to detailing to me the conver:sation. Senator Brooke then stated the. following facts, as I now recall them:
''He said that having heard that Senator Carter was going to file his report, in refe1ence to the Judges, etc., he called to see him at his room at his boarding house with a view to reading the oharges, as he, in common with others, had some curiosity to know what Judges Senator Carter would include in his report, and what .charges would be preferred against them. He stated that he spoke to Senator Carter in reference to his report, who replied that he was just going over to the Cap itol and that he would show it to him on their arrival there: that while the~' were en route to the Capitol &n.ator Carter informed him that several parties, friends of

WEDNESDAY, FEBRUARY 3, 1897.

593

,Judge Reese, had urged him not to include Judge Reese's

name in his report, and that while he really disliked to

do so, yet he had considered the matter fully, and had

within himself determined to include the name of Judge

Reese in his report. He then stated that he had not

drawn up the report a.gainst Judge Reese, and asked me

(Brooke) to 'vrite it out for him when we should arrive at

the Capitol. I promised him that I would do so. When

we arrived at the Capitol I drew up for Senator Carter,

at his request, that part of his report in reference to

Judge ReE>se, and yon will, by reference thereto, find it

in my handwriting. I .am quite sure that President

BernE'r had nothing whatever to do with Senator Carter

including the name of Judge Reese in his report. As

Senator Carter and myself were going up the inner steps

of the Capitol we came upon President Berner who said

something to Senator Carter about his report, but nothing

was said about Judge Reese or any other Judge; in fact,

Senator Carter had stated to me that he had for himself

determined to include Judge Reese's name in his report,

and at the time that he made this announcement he

asked me to draw it up for him, which I did."

The above is, in substance, the conversation had be-

tween Senator Brooke, you and myself, and I am quite

sure that _Senator Brooke, whom I esteem very highly,

will doubtless remember it as I do.

I took occasion afterwards to mention this conversa-

tion to others, and really thought that it was an end to

the rumor that you had anything to do with Senator

Carter including the name of Judge Reese in his report.

No doubt the parties at interest can be easily satisfied of

your entire innocence of the charge, and will be when

the facts He fully stated to them.

" 7ith best wishes and regards, believe me, as ever,

Your friend,

Dictated C. E. B.

C. E. BATTLE.

33s

594

Jouu:sAL OF THE SE~.n1::.

Atlanta, Ga., February 3, 1897.
I take pleasure in saying that ::\Ir. Battle has, in the foregoing letter, substantially quoted my statement made at the time mentioned, and desire to add that the statement was correct. Mr. Berner is in no sense responsible fm the name of Judge Reese being mentioned in :\Ir. Carter's cl1arges.
J. P. BROOKE.

I desire to thank Senators Carter, Brooke and Battle for this rrtanly exoneration of me from all connection with this matter.
Mr. President, the conscientiousness of my own innocence relieves me of any personal pain touching this matter. But the Senate has honored me with the highest trust which, as a body, it had the power to bestow. It would have been a grave violation of this trust if I had, directly or indirectly, sought to influence the Senator in the presentation of charges against members of the Judicimy, the truth of which I might ultimately have been called upon to determine. 'Yith the investigation, its initiation and its results I have nothing now to say. The proceedings haYe passed into history, but I thought it a duty I owed to the Senate which has thus honored me, to thus publicly and officially deny the truth of this report.

.\lr. President, I ask that this statement be placed upon the Journal Olf the Senate.
The following message was received from the House through l\Ir. Hardin, the Clerk:

Jlr. President: ,
The House has adopted the following resolution, in which the concurrence of the Senate is asked, to wit:

'WEDNESDAY, FEBRUARY 3, 1897.

595

A resolution providing for an exhibit by the State at the Centennial Exposition at Nashville, and for other purposes.

The following message received from the House through :\Ir: Hardin, the Clerk thereof:

3fr. Presiclent :

The House has appointed a Committee of Conference upon the disagreement of the two houses upon the Senate amendment to the House resolution providing for the expenses of the Investigating Committee relative to the compensation of Senato-r Carter.

The committee on the part of the House are Messrs. Blalock, Felder and Berry.

'fhe Senate took up the resolution of the House providing for a State exhibit at the Tennessee Centennial.

:\Ir. Berner offered to amend the resolution as follows: Amend by adding the following:

Resolved, That the sum of five hundred dollars be ap-
propriated, to be expended in making an exhibit of wo-
man's work at said Exposition, said sum to be expended in paying for the services of a custodian and making the exhibit, to be paid as provided in the foregoing resolution.

The amendment was adopted.

On the question of concurring in the resolution, as amended, 3Ir. walker of the Eighteenth District required
'the ayes and nays to be recorded.

Those voting in the affirmative were Messrs.-

Battle, Blalock, Cook,

Ham, Hudson, 11:ann,

Starr, Stevens, Stewart of 2/tb,

596

JoURNAL OF THE SENATE.

Cuher, Flewellen, Gray,

l\1<"Farlam1, Redwine, Shropshire,

Strother, Van Buren, Witcher.

Those -roting in the negathe were Messrs.-

Allen, Carter, Comas,

Flynt, Geiger, Kemp,

Walker of 18th, Walker of 40th, ""ooten.

Those not voting were Messrs.-

Atkinson, Brinson, Brooke, Castleberry Dnnwody, Everett,

Goldin, Golightly, Hopkins, Kilpatrick, Sheffield, Stewart of 34th,

Thomson, Turner, \Vest moreland, wilcox, :.Ur. President.

Ayes 18. Nays 9. Not -roting 17.

So the resolution was concurred in as amended.

Mr. Battle, Chairman of Joint Committee to sit in conference upon the differences existing between the House and Senate in reference to the resolution to pay Senator Carter his per diem and expenses incurred in the in-restigation of the charges against Judges Sweat and Reese, beg leave to submit the following repo-rt:
The committee, by a majority vote, has decided that Senator Carter shall be paid his per diem of $4.00 for 15 days and $8.04 mileage, and they recommend the adoption of this report by the Senate.
Respectfully submitted.
CHARLTON" E. BATTLE, Chairman.

The foregoing report was, on motion of :\Ir. Battle, adopted and the House info-rmed of the fact.

"WEDNESDAY, FEBRUARY 3, 1897.

597

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

11/1. President:
The House has concurred in the Senate amendment with an amendment to the following House resolution to wit:
A resolution directing a State exhibit at the Tennessee Centennial.

The House has also agreed to the Conference Committee's report on the following House resolution, to wit:
A resolution to provide for the payment of the expenses of the Investigating Committee.

I am directed to inform the Senate that the House is ready to adjourn sine die.
)fr. Battle offered a resolution to appoint a committee of two from the Senate and three from the House to inform His ExcellenCiy, the Governor, that the General Assembly is now ready to adjourn sine die, and tQ ask whether he has any further communicatiQn tQ submit.

The president appointed as the committee on the part of the Senate 31essrs. Battle and Van Buren.

The committee performed its duty and, through the Chairman, )fr. Battle, reported that His Excellency, the Governor, had no further communication to make. .

The Senate then, on motion of l\Ir. Battle, adjourned sine die, and it was so declared by the President.

INDEX
TO THE
SENATE JOURNAL
FOR 'l'HE
YEAR 1896.

INDEX.

PART I.

SEXATE BILLS.
ADJOURNMENTAdjournment for the recess to February 3, 1897. . . . . . 580

AGRICuLTURE-
A Bill-To e.uthorize the Commissioner of Agriculture to create a special department of horticulture and pomology ......................380 408 450

BANKS-
A Bill-To amend the Charter of the Monroe Banking and Guarantee Company ............ 190 199 206
To provide for the uniform amendment of Bank Charters .......................... 317 371 388

BONDS-Official, Etc., and Stocks-

A Bill-To prescribe the time and place of filing

official bonds of county officers. . . . . . . . . . . .

94

To provide for the transfer of corporate stock,

etc ...................................... 179\334 352

To authorize the Ordinary of Appling County

to issue bonds ...................... 182 297 315 343

To authorize the town of Millen to issue

bonds ................................... 217 286 369

CHAIN-GANG8-
A Bill-To authorize the Ordinaries of Appling and Pierce Counties to form chain gangs .... 191 334 353

602

INDEX.

CODE-Amendments of-
A Bill-To amend section 428 of the third volume Of the Code of 1895 ........................ 551 114 125
To amend section 1305 of the Code......... 90 182 243 To amend section 4067 of the Code ........ 233 2551272 To amend section 918 of the Code ...... 255 285 311 535 To amend section 2385 of theCode .... 265 316 328 341 To amend section 2681 of the Code. . . . . . . . . . . . 371

COMMITTEEs-

On Porters and Gallery Keepers ..................... .

!I

On Rules ............................................ .

57

On Amendment of Election Laws................... .

91

To visit State University ........................... . 160

To visit the Georgia Normal and Industrial School.. 189

To visit the Technological School. .................. . 211

To attend the funeral of Hon. R. U. Hardeman ..... . 277

On Adjournment .................................... . 398

To draft memorial on the death of Hon. R. U. Harde-

man ............................................... . 517

Of Conference on Bill of House relating to solvent

guarantee companies, etc .......................... . 536

On Order of Business .............................. .. 547

To visit Industrial College for Colored People ....... . 552

To visit the Normal and Industrial College .. : ...... . 552

Of Conference on Appropriation Bill ............... . 553 560

To Visit Encampment of Georgia Volunteers ....... . 563

Second Committee on Appropriation Bill ............ . 564

COMMUNICATIONs-

From the Secretary of State........................ .

4C

Resolutions on the death of Hon. C. F. Crisp from

the Ocala Club, Fla............................... .

56

From the Governor in regard to the death of Hon. R.

U. Hardeman ...................................... . 276

Senator Carter's reply to Resolution of the Senate... . 371 390

Mr. Carter's supplemental response ................. . 571 572

CONSTITUTION-Amendments of-
A Bill-To amend paragraphs 2 and 3, section 3, article 6; paragraph 1, section 2, article 6, of the Constitution ...................... 49 202 221 259 272
To amend paragraph 2, section 2, article 7 of the Constitution............................ 102

INDEX.

603

COUNTY COMMISSIONERS-
A Bill-To create a County Commissioner of Roads and Revenue for Jackson county ........ 218 369 104

COUNTY OFFICERs-
A Bill-To provide for election of County School Commissioners ............................... 125 182 291
To provide additional compensation for County Commissioners, Ordinaries or County Judges in certain counties ................. 217 239
To repeal an act fixing the salary of Treasurer of Meriwether county . . . . . . . . . . . . . . . . . . . 279 371 387
To regulate the granting of marriage licenses 318 333
COURTS-county and City-
A Bill-To repeal an act to estBJblish a County Court of Appling county .......................... 242 333 353
To establish a City Court in Baxley, Ga .. 265 371 382 To establish a City Court in the County of
Jackson .............................. 292 370 388 401 To repeal a County Court for the county of
Jackson ............................. 292 369 387 401 To allow appeals from City to Superior Courts. 338
351 368
COURTS-Superior~
A Bill-To change the time of holding the Superior Court of Burke county .................. 278 371 388
COURTS-Supreme and Officers of-
A Bill-To provide a clerk for the Supreme Court Re-
porter...................................317 370 385
CRIMINAL LAWs-
A Bill-To punish hog stealing, etc .... 65 139 202 221 244 256
DENTISTRY-
A Bill-To estBJblish a Board of Dental Examiners. . . . 49 101. 188 219 254 337
'fo prohibit the practice of dentistry without paying license............... 156 189 204 236 254 483

604

INDEX.

EDUCATIONAL-
A Bill-To authorize the Governor to appoint a School Book Board ................................ 179 371
To authorize the State School Commissioner to grant permanent license to graduates of the Normal and Industrial College ....... 265 413 446
To require the nature of alcoholic liquors, etc., to be taught in public schools ....... 255 285 515 419

ELECTIONS AND ELECTION LAWS-

For Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

Secretary of State...................................

43

Comptroller-General. ............ : . . . . . . . . . . . . . . . . . . . .

44

Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

Attorney-General... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

Commissioner of Agriculture. . . . . . . . . . . . . . . . . . . . . . . . .

44

Election of Hon. W. M. Toomer as Solicitor-General of

Brunswick Circuit for unexpired term. . . . . . . . . . . . . .

58

Election of Hon. J. W. Bennett as Solicitor-General of

the Brunswick Circuit for full term. . . . . . . . . . . . . . . .

5S

Election of Hon. W. B. Butt as Judge of the Chatta-

hoochee Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58

Election of Hon. Price Gilbert as Solicitor-General

Chattahoochee Circuit..............................

59

Election of Hon. J. H. Lumpkin as Judg~ of Atlanta

Circuit..............................................

59

Election of Hon. C. D. Hill as Solicitor-General of At-

lanta Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

Election of Hon. W. N. Spence as Judge of the Albany

Circuit for the unexpired term.....................

60

Election of Hon. W. N. Spence as Judge of Albany

Circuit for full term...............................

61

Election of Hon. W. E. Wooten as Solicitor-General

of Albany Circuit for unexpired term...............

61

Election of Hon. W. E. Wooten as Solicitor-General of

Albany Circuit for full term. . . . . . . . . . . . . . . . . . . . . . .

61

Election of Hon. W. H. Davis as Solicitor of Augusta

Circuit................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

Election of Hon. Augustus W. Fite as Judge of the

Cherokee Circuit............................. . .. . . .

62

Election of Hon. S. P. Maddox as Solicitor-General of

Cherokee Circuit...................................

62

Election of Hon. John S. Candler as Judge oftheStone

Mountain Circuit for unexpired term...............

63

IXDEX.

605

ELECTIONS AND ELECTION J...A\YS-Continued.

Election of Hon. JohnS. Candler as Judge of the Stone

Mountain Circuit for full term.....................

63

Election of Hon. W. T. Kimsey as Solicitor-General of

Stone Mountain Circuit for unexpired term.........

65

Election of Hon. W. T. Kimsey as Solicitor-General of

Stone Mountain Circuit for full term. . . . . . . . . . . . . . .

66

Election of Hon. Geo. F. Gober as Judge of the Blue

Ridge Circuit....................... :..............

66

Election of Hon. Thomas Hutcherson as Solicitor-Gen-

eral of Blue Ridge Circuit for the full term........

61)

Election of Hon. 0. H. B. Bloodworth as Solicitor-

General of the Flint Circuit. .. .. .. .. .. .. .. . .. .. .. ..

67

Election of Hon. W. E. Thomas as Solicitor-General

of the Southern Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . .

c:

Election of Hon. J. S. Hall as Solicito1;-General of the

Southern Circuit for the unexpired term. . . . . . . . . . .

67

Election of Hon. W. M. Henry as Judge of the Rome

Circuit for unexpired term. . . . . . . . . . . . . . . . . . . . . . . . .

68

Election of Hon. Moses Wright as Solicitor-General of

the Rome Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

Election of Hon. W. H. Fish as Judge of the South-

western Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

Election.of Hon. T. H. Hooper as Solicitor-General of

Southwestern Circuit...............................

69

Election of Hon. Thomas Hutchison as Solicitor of

Blue Ridge Circuit for unexpired term............

70

Election of Hon. S. W. Harris as Judge of the Coweta

Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .

70

Election of Hon. Thomas A. Atkinson as Solicitor-

General of the Coweta Circuit.......... . . . . . . . . . . . .

70

Election of Hon. Robert Falligant as Judge of the

Eastern Circuit.....................................

71

Election of Hon. W. W. Osborne as Solicitor-General

of the Eastern Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71

Election of Hon. Seaborn Reese as Judge of the North-

ern Circuit.........................................

71

Election of Hon. Frank H. Colley as Solicitor-General

of the Northern Circuit for the unexpired term....

72

Election of Hon. R. H. Lewis as Solicitor-General for

the Northern Circuit for the full term. . . . . . . . . . . . . .

72

Election of Hon. C. C. Smith as Judge of the Oconee,

Circuit.............................................

72

606

I~DEX.

ELECTIONS AND ELE:JTION LA\VS-Continued.

Election of Hon. H. C. Sheffield as Judge of the Pa-

taula Circuit for unexpired term....................

74

Election of Hon. H. C. Sheffield as Judge of Pataula

Circuit for the full term...........................

74

Election of Hon. .J. R. Irwin as Solicitor-General of

Pataula Circuit for unexpired term.............. .

75

Election of Hon. J. R. Irwin as Solicitor-General of

Pataula Circuit for the full term ................... .

75

Election of Hon. W. H. Felton as .Judge of the Macon

Cricuit for unexpired term ......................... .

75

Election of Hon. W. H. Felton as Judge of the Macon

Circuit for the full term .......................... .

75

Election of Hon. A. W. Lane as Solicitor-General of

Macon Circuit for unexpired term ................ .

75

Election of Hon. Robert Hodges as Solicitor-General

of Macon Circuit for the full term .............. .

Election of Hon. H. G. Lewis as Solicitor-General of

the Ocmulgee Circuit...............................

7/J

Election of Hon. Chas. H. Brand as Solicitor-General

of the Western Circuit............................

76

Election of Hon. B. T. Rawlins as Solicitor-General of

the Middle Circuit. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .

77

Election of United States Senator (Senate vote for 172)

95

A Bill-To appoint election managers and clerks of

each political party . . . . . . . . . . . . . . . . . . . . . . . . 292 317

To amend the law relating to election con-

tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 441

Election of Z. A. Littlejohn as Judge of the South-

western Circuit..................................... 428

EXECUTIVE SESSIONS-

190 210 229 351 530 540

JOINT SESSIONS-

To count and declare the vote of the election for Gov-

ernor, etc.......................................... 41 43

To inaugurate the Governor-elect. . . . . . . . . . . . . . . . . . . . .

53

To elect .Judges and Solicitors ............. 57 60 65 70 74 77

For the election of a United States Senator .... 104 116 128 141

149 161

To hear annual address of the Chancellor of the State

University...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

To elect a Judge of the Southwestern Circuit........ 428



lXDEX.

607

LIQUOR LAWS-
A Bill-To abolish barrooms, etc .............. 182 285 299 343 To prohibit the sale of liquor in less quantities than one pint . . . . . . . . . . . . . . . . . . . . . . . 198 286 300 344

LUNATIC ASYLUM-
A Bill-To aml'nd acts relating to Trustees and officers of the Lunatic Asylum. . . . . . . . . . . . . . . . . . . . . 292

MEDICAL-
A Bill-To prohibit the practice of medicine without paying special tax ........... 156 189 204 236 254 483

MILITARY LAWS-
A Bill-To aml'nd an act to provide for a State Naval Militia...................................363 380 409

MESSAGES-House ....................... 38 45 46 48 78 91 102 127 137 148 160 179 181 183 185 193 2~3 209 223 232 241 247 257 276 287 306 307 327 341 350 368 378 399 402 409 416 420 426 429 442 450 460 469 471 479 480 496 499 508 51] 517 530 536 548 552 556 557 562 563 564 566

MESSAGES-Executive ............ 10 37 69 190 204 229 274 275 313 344 373 407 408 529 539 552

MISCELLANEOUS BILLS-
A Bill-To fix and reduce the salaries of the Treasurer, Secretary of State, Comptroller-General, Commissioner o-f Agriculture and the per diem of Members of the General Assembly. . 204 282
To reduce and regulate the salaries of the Governor, Judges of the Supreme Court and Superior Court and Attorney-General. . . . . . . . 204 285

MISCELLANEOUS CORPORATIONs-
A Bill-Declaring Express Companies common carriers, etc ................................. 209 240 315

608

11'\DEX.

MUNICIPAL LAWS-
A Bill-To amend the Charter of Quitman . . . . . . . . . . . . . 179 297 To amend the Charter of Baxley ........... 265 316 326 To allow cities to grant the use of streets to railroads, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 To repeal the Charter of Homerville ....... 313 383 404

ORDER OF BUSINESS-
By Mr. Berner, the President. ....................... . 471 By Mr. Battle ...................................... . 531 By Mr. Battle ...................................... . 547

ORGANIZATION-

Called to order by Secretary......................... .

3

Prayer by the Chaplain of last Senate................ .

3

Senators-elect qualified ..............................3 4 5

Election of President................................ .

6

Election of Secretary................................ .

6

Election of Messenger............................... . 6 7

Election of Doorkeeper .............................. .

7

Election of President pro tern ....................... .

7

PENSION LAWS-
A Bill-To amend the pension laws ................. . 466
PRACTICE-
A Bill-To amend the Auditors Act................... 55 203 To quiet title by prescription to ungranted lands ..................................... 90 239 254 239 254 To declare void contracts made payable in any specific character of money. . . . . . . . . . . . . . . . 94 275 To allow defendants in ejectment to set off permanent improvement .................. 156 199 204 To prohibit the practice of law, etc., without paying the special tax ........... 156 189 204 236 254 To provide for payment of State witnesses in criminal cases.............................. 156 To make counties liable for damages in certain cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 202 To require claimants of real estate levied on to file abstract of title, etc. . . . . . . . . . . . . . . . . . .. 265 To require suit for wild lands to be brought in twelve months ........................... 278 316 328

INDEX.

609

RAILROADS-
A Bill-To prohibit the giving of free passes ........ 139 213 To amend the charter of the Atlanta and West Point Railroad ...................... 326 358 370 413

RAILROAD COMMISSION-
A Bill-To enlarge the powers of the Railroad Commission ............................. 190 256 315 328 427
To authorize the Railroad Commission to compel certain persons to testify, etc .... 191 256 315 427 431 440
REGISTRATION LAWS-
A Bill-To amend the registration laws ............ 363 379 405

REPORTS-

Of Committee to Select a Chaplain................... 9 40

Of Committee to Notify the Governor of Organization

42

Of Committee to Report on Officials to be Elected....

49

Of Committee on Rules...............................

79

Of Committee on Public Property, etc................. 101

Of Committee on Enrollment .............. 103 148 176 191 195

196 231 237 258 262 279 289 331 348 359

407 420 448 452 472 490 545 546 576 578

Of Committee on Military Affairs .............. 367 406 565 571

Of the Special Judiciary Committee .. 114 212 220 231 263 303

329 336 344 366 370 380 386 402 446 481 506 525

Of Committee on Temperance .................. 114 189 271 507

(272 minority)

Of the General Judiciary Committee .. 128 175 187 194 201 216

232 244 269 303 323 346 350 361 367 377 423

(minority report 424) 439 464 493 540 561

Of Committee ot Conference ....................... 537 561 562

Of Committee on the Penitentiary ............. 140 449 541 572

Of Committee on Engrossing ..... 148 208 239 260 296 332 357

383 410 424 438 447 451 461 492 517 532 533

Of Committee on Georgia School for the Deaf ...... 176 348 413

Of Committee on Public Schools .................... 177 409

Of Committee on Education ... 177 230 264 270 290 345 365 425

Memorial report on Hon. R. U. Hardeman............. 541

Of Committee on Finance ................ 177 201 267 268 426

451 495 510 525 534

89 s

610

INDEX.

REPORTS- Continued.
Of Committee on Appropriations .......... 210 225 270 347 375 405 437 458 476 482 560
Of Committee on Corporations .... 178 261 271 281 291 296 302 316 323 325 329 353 356 364 369 374 379 402 422 423 435 448 463 472 475 490 491 492 495
Of Committee on Banks ....... 196 200 226 261 308 364 436 534. Of Committee on Relief of Supreme Court ...... 209 347 376 536 Of Joint Committee to Investigate the Blue Ridge and
Atlantic Railroad................................... 214 Of Committee on State of the Republic ................ 223 465 Of Committee on Railroads ............... 246 280 304 306 357
363 439 445 491 510 Of Committee on Lunatic Asylum. . . . . . . . . . . . . . . . . . . 248 Of sub-Committee to visit Georgia Military and Agri-
cultural College. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 251 Of Committee on Pensions . . . . . . . . . . . . . . . . . 308 342 398 459 494 Of Committee to visit the Normal and Industrial Col-
lege at Milledgeville................................ 310 Of Committee on Public Roads .................... 325 465 509 Of Committee on Hygiene and Sanitation............. 374 Of Committee on Agriculture ...................... 408 426 533 Of Committee on Adjournment.... . . . . . . . . . . . . . . . . . . . . 476 Of Committee on Manufactures....................... 500 Of Committee on Special Attorney for the W. & A. R. R. 558

ROAD LAWS-
A Bill-To provide for establishing public roads . . . . 237 333 352 To allow payment for land used for public roads. . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . 292 3'{0

SCHOOLS-
A Bill-To establi'>h public schools in Calhoun, Gordon county .... ............................... 255 285 312
To reorganize the Board of Trustees of the University of Georgia ....................... 372 380
STATE LmR~RIAN--
A Bill-To make women eligible t01 the office of State Librarittn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 381

ISDEX.

611

"OCK LAW-
A Bill-To provide when stock law shall go into effect in certain districts ...................... 238 371 4!:16
To prevent hunting on lands of another in stock law districts .......................... 351 383

~XES AND TAX LAWS-
A Bill-To prescribe the mode of collecting State, county and municipal taxes ...................... 102 202
To require tax collectors to make weekly reports and payment of taxes collected .. 183 207 211 216 220
To equalize taxation. . . . . . . . . . . . . . . . . . . . . . . . . . 237 254
ITNESSES-
A Bill-To provide for State's witnesses in criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 13

INDEX.

PART II.

SENATE RESOLUTIONS.

A Resolution-Requiring the Secretary to inform

House of organization of the Senate..

7

To provide for selection of a Chaplain. .

8

That the President appoint Gallery-

keepers and Porters. . . . . . . . . . . . . . . . . .

8

To report what officers are to be elected

this session.. . . . . . . . . . . . . . . . . . . . . . . . .

8

Adopting the rules of last Senate tempo-

rarily................................

9

Appointing a joint committee to notify

the Governor of the organization of

the General Assembly. . . . . . . . . . . . . . . .

9

To transmit election returns to the

House...............................

41

To elect Judges and Solicitors.........

45

To appoint a joint committee on future

management of convicts .. 55 141 155 157 159

160 174 456 462 471

As to arrangement of seats...........

57

Tendering a seat to Hon. Patrick

Walsh...............................

65

Tendring a seat to Hon. T. G. Crawford

of Lowndes county...................

77

Appointing a committee to consider the

report of Special Attorney of W. & A.

R. R............................... ..

90

Requiring Secretary to have 101 copies

of the Standing Committees printed..

90

Tendering a seat to Hon. W. M. Howard

93

Tendering a seat to Hon. Jno M. Vandi-

ver..................................

93

Tendering a seat to Hon. T. B. Cabaniss

93

To enter at once upon the election of a

United States Senator . . . . . . . . . . . . . . . . 95 1$0

I~DEX.

613

A Resolution- Tendering seats to distinguished citizens 180

Tendering a seat to Hon. W. H. Stone.. 116

Authorizing the Assistant Secretary to

sign bills in absence of the Secretary. 140

Tenderingseats to distinguished citizens 160

Of condolence with Flynn Hargett...... 173 Tendering seats to distinguished visit~

ors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174

Of condolence to Hon. 0. N. Starr. . . . . 180

To appoint a Committee to confer with

the Principal Keeper of the Peniten-

tiary................................. 187

Extending sympathy to the Cuban pa-

triots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 233

Providing for two Assistant Doorkeep-

ers ................................ 213 233 281

Tendering a seat to Hon. E. A. wei!... 221

Tendering a seat to Hon. D. B. Nichol-

son..................................

227

Tendering a seat to Mr. J. F. Hinson... 243

Requesting the General Assembly of

Tennessee to admit maps of W. & A.

R. R. to record, etc ............... 260 280 312

Authorizing Atlanta, Knoxville and

Northern Railway to acquire certain

rights ......................... 260 286 312 526

Concurring in propositions of Atlanta in

relation to Wall street, etc ....... 260 280 312

Continuing authority of the Commission

in regard to interests of the State in

the W. & A. R. R ................ 260 280 313

Directing pr::>ceedings to recover part

of the depot grounds of the \V. & A.

R. R. at Chattanooga, Tenn ...... 260 280 313

On the> death of Hon. R. U. Hardeman. . 277

Tendering seats to certain distinguished

citizens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293

Calling on Senator Carter for certain in-

formation ............ 300 395 430 431 444 476

Provirling a pension for Mrs. Sarah

Powers..............................

317

Authorizing Secretary to correct an er-

ror in Senate Bill 27. . . . . . . . . . . . . . . . . 351

Providing for a Committee on Adjourn-

ment.................................

390

614

I~DEX.

A Resolution- Inviting Hon. \V. J. Bryan to visit the

General Asscm bly. . . . . . . . . . . . . . . . . . . 390 399

Relating to leave of absence...........

390

Providing for a joint session to elect

a Judge of the Southwestern Circuit 3fl9

Relating to the unfinished business of

this session. . . . . . . . . . . . . . . . . . . . . . . . . . 404

Tendering a seat to Hon. W. B. Berry

of Coweta county. . . . . . . . . . . . . . . . . . . . 413

To provide for lighting the Senate with

electricity. . . . . . . . . . . . . . . . . . . . . . . . . . . .

41 S

Relating to bringing up the unfinished

business.............................

450

Indorsing application for pardon of

Harry Hill and Lord Beresford. . . . . . 478

Limiting speeches while considering

certain bills. . . . . . . . . . . . . . . . . . . . . . . . .

500

To regulate the indexing of the Journal 550

Of thanks to the President............

580

INDEX.
PART III.
HOUSE BILLS.
APPROPRIATIONS-
A Bill-To make appropriations for support of Government 380 413 486 488 501 513 518 525 529 531 549
To appropriate money to reimburse Commissioners to codify the laws ............... .433 460 553
To appropriate money for publishing the Code .................................... 434 460 li35
To appropriate $60 as a pension to Mrs. Delila Owens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 489
To appropriate $2.500 to the School for the Deaf .................................... 228 280 318
To appropriate the hire of misdemeanor convicts in the Northern Circuit ........ 242 247 334 354
To appropriate money to furnish rooms for the Supreme Court. ..................... 265 284 319
To amend the charter of the Georgia Loan ::>.nd Trust Company .................... 103 139 173
To amend an act to regulate the business of B. & L. Associations .............. ,. ..... 173 207 285
To amend the charter of the American Trust and Banking Co ........................ 197 233 241
To amend the charter of the Finance Banking Company of Atlanta .................... 228 283 298
To amend the charter of the Commercial Bank of Albany ......................... 310 373 385
To amend the ch:uter of Atlanta Loan and Trust Co ................................ 412 437 568
To authorize the Georgia Security and Banking Co. to exchange real estate for stock. 412 467 528
BONDS OF STATE-
A Bill-To pay for and retire bonds of the State as they mature ............................. 434 467 551

616

INDEX.

CODE-Amendments of-
A Bill-To amend section 1288 of the Code 172 219 240 307 318 To amend section 815, yolume 3 of the Code .. 227 255 To amend section 943 (a) of the Code ...... 253 316 330 To amend section 1656 of the Code ........ 295 335 350 To amend section 3462 of the Code. . . . . . . . . . . . 433

COMMISSIONERS-County-
A Bill-To create Commissioners of R. & R. for the County of Walton ....................... 187 212 218
To provide for election of their Clerks byCounty Commissioners.......................... 197
Repeal an act to create Commissions of R. & R. for DeKalb county ....................... 366 368 379
To authorize the Commissioners of Chatham county to fill vacancies .......... ....... .412 437 568
To create a Board of Commissioners for Pulaski county ............................. 434 468 568
To fix the salary of Commissioners of Irwin county...................................... 454
To create Commissioners for Lee county ... 454 488 569 To create Commissioners for Charlton
county ................................. 454 513 568 To amend the Commissioners act of Bibb
county . . . . . . . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . 455 488 To give Commissioners authority to change
public roads ............................ .484 513 557

COMMISSIONER OF PARDONS-
A Bill-To create the office of Commissioner of Pardons ..................................... 485 512 56~

CONVICTS-
A Bill-To amend an act to control certain convicts in Bibb county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 335 386

COSTS AND FEES-
A Bill-To make ce>rtain and provide for payment of costs in civil in County and Justice Courts 228 283 298
To repeal an act in relation to costs of Solicitor of the County Court of Wilkes county .. 242 247 334 354
Repealing an act to provide for payment of certain costs in Spalding county...... 242 284 317 335
To provide for costs in misdemeanor cases. 455 489 570

DH.>EX.

617

COUNTY OFFICERS-
A Bill-To provide salaries for County School Commissioners ............................... 172 184 188 331
To fix the bond of Treasurer of Richmond county ................................... 294 335 386
To provide for fees of County Ofiicers in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411 440 557
To repeal an act fixing compensation of the Treasurer of Jefferson county ........... .433 468 528
To create a Board of Pension Commissioners in each county .............................. 484 564
To provide compensation for the Ordinary of Twiggs county . . . . . . . . . . . . . . . . . . . . . . . . . 485 512 568
To provide compensation for Election Managers and Clerks in Wilkes county ....... 293 372 384
COURTS-Superior, County and City-
A Bill-To establish the City Court of Elberton ...... 206 361 To abolish the City Court of Elbert county 227 368 361 To change the time of holding McDufiie Superior Court ............................. 227 284 320 To change the time of holding Pike County Superior Court .......................... 228 284 320 To require Judges of County and City Courts to write and read their charges. . . . . . . . . . . . . . . . 253 322 To authorize Superior and City Courts to be held elsewhere than the Court House ..... 309 334 354 To change the time of holding Superior Court of Henry county ................. oo.. o.. o310 335 384 To change the time of holding Superior Court of Burke county ........................ o310 372 427 To establish a City Court in the City of Monroe ...................................... 331 398 466 To establish the City Court of Coffee county 411 454 468 To create a Solicitor of County Court of DeKalb county. oo.. oo. o. ooo.. o. o.. 0o. oo. o. ooo. 454 Fixing the time for adjournment of Superior and City Courts. ooo.. oo0. 0oooo.. o. o. oo. 0227 256 274
COURT-Supreme and Its Officers-
A Bill-To authorize the Supreme Court to appoint additional stenographers ................... 198 210 219
To prescribe mode of business in Supreme Court ................................ 293 375 445 567

61R

I.KDEX.

A Bill- To provide additional pay for Sheriff of Supreme Court. ............................ 310 334 354
To regulate the practice in Supreme Court in certain cases. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 351 567
lt'E.RTILIZERS-
A Bill-To amend the law in relation to inspection of fertilizers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
HUNTING AND FISHING-
A Bill-To amend the Game Laws ................. 293 334 355 To protect oysters, etc., in Christmas creek.434 467 570 To prohibit hunting and fishing on lands of another in DeKalb county. . . . . . . . . . . . . . . . . . 435 468 To regulate fishing in Whitfield county ...... 485 513
INSURANCE COMPANIES-
A Bill-To amend the Charter of the Georgia Empire Mutual Insurance Company .............. 197 283 299
To make it unlawful for Fire Insurance Companies to do certain things .............. .485 527 5C3
LIQUOR LAWS-
A Bill-To amend the liquor law of Irwin county .... 453 528 To repeal an act amending the liquor law of Hart county ............................. 454 489 510 To establish a dispensary in Fort Gaines ... 476 513 566
MISCELLANEOUS BILLS-
A Bill-To protect the State and counties where con. tracts are let by bidding ................ 227 256 273 To confirm a grant to the Wesleyan Methodist Church of Savan nab ..................... 412 437 570 To authorize the appointment of a Commissioner of Pensions ...................... 309 358 386 To prohibit the poisoning of wells, etc ..... 352 377 4()7 To set apart half of Saturday as a half holiday 352 To regulate returns for consigned goods, etc 485 51,3 570 To prevent the adulteration of candy ..... .485 513 556 To authorize recording of bonds for title to land ................. 228 256 274 287 302 322 367 565 To allow J. C. K. Cotter to peddle without license................................. .454 489 570 To authorize the establishment of chain gangs in this State ............................. 455 512 564

INDEX.

619

MISCELLANEOUS CORPORATIONS-

A Bill-To regulat~ the benefits of all Debenture Re-

demption Companies. . . . . . . . . . . . . . . . . . . . . . . . 484 513

To regulate the busi:r..ess of Fraternal Orders..

481

To amend the Charter of the Georgia Eclectic

College of Medicine and Surgery ......... 434 467 497

MUNICIPAL LAWS-
A Bill-To repeal the Charter of Homerville ........ 412 440 497 To authorize Augusta. to improye sidewalks ................................... 433 468 49S To repeal the Charter of the town of Arabi.435 467 5fl7 To re-incorporate the town of Livonia ..... 435 467 570 To repeal the Charter of Buford ......... .435 467 498 To est:>.blish a new Charter for Abbeville ..... 435 467 To amend the Charter of Bowersville . . . . . . 453 489 569 To amend the Charter of the town of Colquitt ..................................... 455 483 569 To amend an act to create a Park and Tree Commission for Savannah ............... 453 484 569 To amend the Charter of Jefferson in Jackson county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455 512 569 To prohibit the taxing of traveling salesmen by municipal authority .................. 184 189 21)5 To repeal an act to create a Commissioner of Public Works for Savannah ............... 331 483 To authorize Norcross to issue and sell bonds .................................... 455 488 555 To amend the Charter of Davisboro ...... 262 279 478 To amend the Charter of the City of Macon285 326 356 To ~.mend the Charter of Battle Hill ....... 293 403 464 To amend the Charter of Atlanta .......... 293 377 40S. To incorporate the t::>wn of Mitchell ........ 294 372 384 To amend the Charter of Oakland City .... 294 316 330 To amend the Charter of Whigham ....... 294 383 497 To amend the Charter of Dalton ......... 294 315 322 To amend the Charter of Barnesville ....... 294 377 481 To change the corporate limits of Americus 295 334 386 To .enlarge the corporate limits of Albany .... 295 335 To amend the Charter of Valdosta ......... 331 377 568 To amend the Charter of Boston .......... 351 398 488 To incorporate the town of Baldwin ........ 352 369 381 To incorporate the City of Rochelle ....... 412 467 569 To repeal the Charter of Tallapoosa ...... 412 467 528

620

INDEX.

A Bill-To amend an act in regard to renewal af pavements.................. ... . . . . . . . . . . . . . . . . . . 138
To define thE.' powE.>rs of the Recorder of Augusta .................................... 138 212 218
To amend the Charter of the City of Augusta.. 1:18 212 218
To providE.' for the census of cities ........ 139 184 1811 To repeal an act making permanent public
building in Monroe, Walton county ...... 186 212 219 To incorporate the City of Monroe ........ 197 235 240 To incorporate the City of Fitzgerald ..... 197 220 23:1 To incorporate the City of Elberton ... 205 297 320 3513 To authorize the town of Royston to issue
bonds ................................... 205 358 365 To incorporate the town of Yatesville ......... 205 33!\ To incorporate the town of Plains ......... 206 283 299 Ta authorize the City of Augusta to grant the
use of streP.ts to railroads, etc ....... 211 404 463 474 To provide for registration of voters in Sum-
mE.'rville, Richmond county ............. 229 284 320 To prescribe qualification of voters in Sum-
mervill~. Richmond county .............. 229 284 321

PENSION LAWS-
A Bill-To define an act allowing pensions to ConfE.'deratP widows ............................... 432 460 467
Tc create a Board of Pension Commissioners in each county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484 564
To prohibit receiving fees for obtaining pen!:'ions ..................................... 206 316 330

PILOTAGEA Bill-To amend the Pilotage Laws .............. 242 358 363

PRACTICE-
A Bill-To provide additional methods of collecting the purchase money for personalty . . . . . . . . . . . . . . 228 2fA
To provide for enforcing the rights of Trustee in real property to secure debts .. 331 372 405 425 556
To define the liability of Receivers, Assignees, etc ....................................... 352 372 570
To d!!clare trusts in restraint of trade or production unlawful. ....................... .445 483 528

DTDEX.

621

RAILROADS-
A Bill-To re-enact the Charter of the Atlantic, Atlanta and Great Western Railroad ............. 228 284 321
To authorize the sale of the Northeastern Railroad ................................. 434 467 529 544

REGISTRATIONA Bill-To amend the State Registration Law ......... 253 3tiR

SCHOOLs-
A Bill-To est101.blish public schools for Fulton county91 94 123 To amend the public school law of Roswell.. 229 247 283 299 To establish public schools in the town of Moultrie ................................. 250 297 314 To prescribe terms of admission to School for the Deaf . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 373 569 To establish public schools for the town of Raccoon ................................ 466 468 569 To define a school month ..................... 309 372 To amend the public school law of Madison 455 512 56S

STATE GEOLOGIST-
A Bill-To amend an act to revive the office of State Geologist ................................ 485 525 557
TAXES-
A Bill-To levy and collect a tax for the support of Government ..................... 401 429 538 539 557

INDEX.

PART IV.

RESOLUTIONS OF THE HOUSE.

A Resolution-To provide a Joint Committee on

Amendment of Elaction Laws... . . . . .

90

On the death of Hon. Chas. F. Crisp.... 91 92

Relating to the relinquishment of all

claims of the State to the Atlanta and

Blue Ridge Railroad. . . . . . . . . . . . . . . . 128 136

On Inaugur:J.l Ceremonies. . . . . . . . . . . . . . 39 53

To take a recess of the General Assem-

bly for election. . . . . . . . . . . . . . . . . . . . . . 46 48

To provide a Committee to visit the

State University.....................

139

To provide for the payment of Teachers 139 178

To ch:1ngc the name of the Georgia

School for the Deaf. . . . . . . . . . . . . . . . . 139 18'l

To provide a Committee to Attend

Commencement Exercises of the

Georgia School of Technology. . . . . . . 173 188

To attend commencement of the Geor-

gia Normal and Industrial College..

173

To pay Clerk of Pardons Commis-

sion ............................... 184 211 281

Authorizing the Governor to pay a bal-

ance to the Trustees of the University 184

211 234

Providing for a Committee to visit the

Middle Georgia Military and Agri-

cultural College. . . . . . . . . . . . . . . . . . . . . . 184

Providing for indexing the Journals..

198

211 235

To appoint a School Book Commission 198 233

253 254 511

To provide a Committee to visit the

State Industrial School for Colored

Persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

IXDEX.

623

A Resolution- Inviting the Chancellor of State University to address the General Assembly 198
Authorizing the Governor to relinquish all claims to the Blue Ridge and Atlantic Railroad ................... 229 256 274
To appropriate $50 to the Atlanta Electric R3.ilway Company . . . . . . . . . . . . 243 284 297
To pay for Inaugural Ceremonies. . . . . . 266 284 297 3~5
On the death of Hon. R. U. Hardeman 277 To pay the per diem of Hon. R. U. Har-
deman deceased. . . . . . . . . . .. . . . . . . . . . . 29fi Relating to portrait of Gen. R. E. Lee 295 To appoint a Committee to visit the
Tennessee Centennial................ 295 To appoint a Committee to report the
amount received from the Federal Government by the State University 295 373
399 489 Providing a Committee to Attend the
Commencement of State University. . 296 438 498
To pay pensions of widows and children of certain Confederate veterans 314 373 389 489
To pay l\1. J. Walker for reporting in convict investigation . . . . . . . . . . . . . . 315 484 554
To pay the Doorkeeper of the House 366 377 466 Petitioning President for pardons. . . . . . 376 To supply a deficiency in contingent
fund .......................... 413 438 497 550 To convene the General Assembly for
election of Judge of the Southwestern Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 To pay certain Confederate soldiers. 429 460 487 To relieve the Darien and Western Railro3.d Company ............... .429 467 567 To suspend collection of taxes in Mcintosh county ....................... 429 467 49S Making additions to contingent fund for repairing public buildings ........ 433 460 554 To accept the portrait of Hon. R. U. Hardeman . . . . . . . . . . . . . . . . . . . . . . . . . . 433 489 To authorize the Governor to appoint delegates to Good Roads Congress 433 467 498

624

INDEX.

A Resolution- To pay a pension to Sarah J. Snell .... 484 513

527 549

To provide for suspension of taxes in

Charlton county .................. 485 513 567

To provide for printing the acts of this

session . . . . . . . . . . . . . . . . . . . . . . . . . . . 436 523 51)7

Authorizing Clerk and Secretary to fur-

nish members with a report of unfin-

ished business ................... 486 528 567

Relating to classification of clerks in

post offices. . . . . . . . . . . . . . . . . . . . . . . . . . 526

To provide for a recess of the General

Assembly ........................ 550 564 566

Authorizing the Governor to borrow

money to supply casual deficiencies. . 55fi

To authorize a Committee to visit the

Military Encampment...............

556

Relative to veterans of the Mexican war 563

INDEX
To Journal of the Senate for February 3, 1897.

ABSElSCE-Leave of-
Was granted to Messrs. Dunwody, Hopkins and Mr. Stewart of the 3-lth District........................581 584 584

ADJOURNMENT OF SENATE-

Adjournment sine die.

59/

BILLS OF HOC"SE-
A Bill-To regulate the benefits of debenture redemption companies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583
To authorize the Georgia Security and Banking Company to exchange real estate for stock ... 583 584
To authorize the establishment of chain-~g farms, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585

COMMITTEES-
Of Conference on Senator Carter's pay ............... . 596 To inform Go,ernor that the General Assembly is ready
to adjourn sine die. ......... ..... .. ..... ...... .... ...... ...... .597

MESSAGES-From the House ............. 585 586 587 59-l 595 59i

MEETING OF SENATE-

Senate met at 10 o'clock a. m. February 3, 189i

581

PRIVILEGED QUESTION-
Of 1\'Ir. Berner, the President ..... 58/ 588 589 5!10 591 592 593 5!14
~0 s

626

I.:'\'DEX.

REPORTS-
Of Committee on Enrollment . . . . . . . . . . . . . . . . . . . . . . . . i185 Of Conference Committee on Senator Carter's pay...... :)96

RESOLUTIONS OF SE:~ATE-
A Resolution-Providing that no action on matter now pending shall be finally actPtl upon this day. . . . . . . . . . . . . . . . . . . . . . . . . . . . :)82
Urging protection to cerhin Southern industries ........................... i)82 .)S:~
Providing for a joint committee to inform the Governor that the General Assembly is ready to adjourn sine dit>...... 5H7
RESOLUTIONS OF HOUSE-
A Resolution-Relating to contempt proceedings in Federal Courts . . . . . . . . . . . . . . . . . . . . . 581
To pay expenses of the Investigation Committee (Amended in Senate).. . . . 585
To pay per diem and mileage of members, etc .................................. 586 :)87
Providing for a State Exhibit at the Tennessee Centennial (Amended in 8enate) 5!15