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-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 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 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 saiesswn, 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. RefetTeATE. 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 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'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:>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- 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 Gove 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<::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 -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 nr a ;.n,-pPmr 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 finscribcsident. 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, istriet, requesting our RepresentatiYes to use their influ,Y the requisite 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 mis1'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, :\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. 282 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 <' 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 ;naal 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 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 reather 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 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, 1kpectfnlly 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' haff'rre 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 reported in faYor of the passage thereof, with amendments, ~whieh were agreed to, and thP reports were adopted. Proof of legal uoti

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.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 fnnr 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 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 confirnwr, 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 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'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 , 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 correertain 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<' annatP tonk np the rrport of the C'mmuittce 011 Pnhlie Hoads on the bill of th<' Sonrts 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">'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'~ 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:: 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\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 recommentletion, 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 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 lants. 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 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 hatl 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!ioners of Roads and Herenue of DeKalb county. Proof of legal notice was submitted. The committee reporteunwody, 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 Railroaf 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, Ce 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 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, 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 Wd 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