Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, October 27, 1897

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA_,
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY,
At Atlanta, Wednesdav, October 27, 1897
ATLANTA, GA.: Geo. W. Harrison, State Printer, (THE FRANKLIN PRINTING A"D PUBLISHING CO.)
1897.

JOURNAL.

Senate Olmm:ber, Atlanta, Georgia, ""\Yednesday, October 27th, 1897, 10 O'clock A. ~f.

The Sen<a:te met in :aocordlance :with }aw, and w1as called t.o order by the President, Hon. Robert L. Berner.

Prayer w:as offered by the Chaplain, t'he RcY. J. ""\V. G.
\Yatkins.

On bhe call o the roll the :foHowing Senators being preseon't, answered to their names:

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

Geiger, Goldin, Golightly. Gray, Ham, Hopkin!!, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 2ith, Stewart of the :~th, Strother, 'l'homson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, Wilcox, Witcher, "'ooten, ~Ir. President.

~\_ quorum was presen:t and ilho Selllate proceecled with business.

)Jr. Battle offeretl tthe f{)llowing resolultions, which were read and agreed to, to wit:

4

JOUR:-IAL OF TilE :::iEXATE.

Resolved, That the Secr-etary of the Sen~ate inform the House of Representatives th~t the Serra'be ha:s reconvened, ~and is now rea:dy for business.

Resolved, Tha!t, the House concurring, a commift.ee of three from the Senate ~nd five from the House be appointed Ito notify the Governor thl3it tlhe Gen:m;al Assembly has reconvened and is ready to receive any communication he may desire to make.

The commii:tee appointed on t!he pru:1t of the Senate are Messrs. Battle, Kilpatl11ck, rand Kemp.

Leave of absence for a few days on special business was gr,anted }Ir. &he:ffield.

The follmV'ing message \Vias 1eceiYed from bhe House throug'h ::LVIr. Hardin, the Clerk 1Jhm'eof:

J.lit". P1esident:

I am instructed by t.he House of Representatives to inform this branch of the Gene1al Assembly :that bhe House has reconve1red aocording to law, and is ll'()W ready to pr-<oceecl with tJhe regular business of the session.

On the call for the in!troduction of new matter the follo,ving bills were intiodlJ_ced, read tJhe first time, and referred as respeotiwly indic,ated, to wrt:

By :Jir. Thompson-

A hill to am.e-nd, .change and repeal s-ection 4 of the charter of the town of L'll'adilla, and for other purposes.

Tiefcrred ~o General Judiciary Commibtee.

\VEDXESDAY, OCTOBER 27, 1897.
Also, a bill to amend the charter of the town of Unadilla, in the county of Dooly.
Referred to General J udicrary Commi'f.tee.
Also, a bill to amend rbhe chmter of the to>Wn of Unadilla, in Dooly county, and for other purposes.
Referred to Genmal Judiciary Commiltltee.
By :Jlr. Turner-
A hill to amend section 103D of v'Olume 3 of t1he Code of
18D5, so as rto restrict the employment of misdemeanor cGnYicts. to public works.
Referred t'o Genoral Judiciary Oommi!btee.
By :Jlr. Dunrwody-
A bill to quiet the ti'tle o.f lrands in Oamden wtmlty, etc.
Referred to Gcnoral Judiciary Oommi'titee.
:3fr. Bcrn0r, Ol1airrnan of the Oommitbee on Rules, submitted t:he following rcpm't, ""hich was rGad and adopted, and ord<"rcd to be immedialtcly transmitted \to the House:
Mr. President: ~Ir. B0rnE'l, Chairman Committee on Rules, begs leave
to submit the following report: Rcsoln(l, by t.hc SeJJiate, House concurrrng, 'that the
Finance Commi~tecs of the Sen'ate and House shall constitute elw joint standing committ:ees of the Sena:te rand House.
The followinp: me&Sage was receiYed from tlhe House through :Jir. Hardin, 'the Clerk thereof:

6

JoURNAL OF THE SENATE.

Mr. President:

The House <has concurred in the following resolutions of the Sena:te, to wit:

A rC":>olll'ti'on notifying the GoYernor that H1e General Asscmbly 'has I'Cc'OnYene<l and is ready fo~ the business of t:he
scss~on.

Also, a resolution thalt a committee of three from the Scnate and fhc fl'Om the House 'be appointed i:Jo noltify 'the Governor talC Gcueral Assembly has reconYened according to law a'll<l is rcmly for 1dhe business of the session, and Jeady to rcceive any message from his Excellency.

The C'Ommitte on tthe pwt of the Honse 'are :Jiessrs. J)oifcnillot, Longley of Troup, Rutherford, Paul Turner, and Ennis of Floyd.

::\[r. Ba:ttlc, Chairm'an of the committee tJo wait upon the Governor, and inform him 1Jhat the General Assembly has rceonYcnecl, etc., report the performance of tthat duty, and that the Go\crnor would communic;ate with t!hem immediately his annualme&mge to the General Assembly.

'l'ltc following communica'tion '\vUS received from his Exc-ellency, the GoYcrnor, throngh :Jir. \Yarren, his Secretary, to wit:

Mr. President:

I am clircdccl h: the GoYPrnor to ddin'r to taw Sen'ate a commlmication in wr~ting.

On motion of :Jfr. Turner, the annn'al me&5age of tihe GoYcrnor was taken up and rCiacl, and is 'as follows, to wit:

'VEDNESDAY, OCTOBER 27, 1897.
GOVERNOR'S MESSAGE
STATE OF GEORGfA ExECUTIVE 01'FICE,
ATLANTA, GA., October 27, 1897. Gentlemen of the Genaal Assembly:
'During the session upon which you now enter matters of great interest to the people of the State must be considered and acted upon by you. It has been many years since so mauy gtaye questions demanded consideration by a General Assembly.
Before discussing some of thue, I invite your attention
Yv. to the reports of Hon. ,V. J. Speer, Treasurer; Hon. A.
Wright, Comptroller General; Hon. R. T. Nesbitt, Commissioner of Agriculture; Hon. J. S. Turner, Principal Keeper of the Penitentiary; Hon. L. :N. Trammell, T. C. Crenshaw, and Allen Fort, Railroad Commissioners; Hon. A. D. Cand-
ler, Secretary of State i Hon G. R. Glenn, State School Com-
missioner; Hon J. 1\I. Kell, Adjutant General; Hon. Richard Johnson, Commissioner of Pensions; Hon. J. M. Terrell, Attorney Geneml, and of the various State Institutions requited by law to make reports, all of which will be printed and laid before each member.
To thoroughly understand the work -done by, and the <:ondition of, each institution and department of the State government, it is essential that you acquaint yourselves with the contents of these reports.
To the recommendations in the reports from the respective departments I call your attention especially. They are

JOURNAL OF THE SENATE.
made by men whose ability has been recognized by the State and who, by reason of their daily contact with them, understand the questions of which they treat.

NORTHEASTERN RAILROAD.

On the 28th day of 1\Iay, 1896, after advertising for bids as directed in act authorizing a lease, the :Xortheastem Railroad was leased to E. A. Richards & Co. at the sum of eighteen thousand six hundred dollars per annum, payable quarterly, for a term of twenty years, from the first day or June, 1896, and a bond taken in conformity to law.
The rent was paid for two quarters. \Vhen the rent for the third quarter fell due on the first day of l\Iarcb, 1897, it was not paid, and when the two months' time, in which they were permitted under the law to pay this, had expind, the rent was still unpaid.
By virtue of authority vested in me, I then seized the road and have since operated it for the State under the direct management of Hon. R. K. Reeves, who was appointed by me State agent.
I submit herewith a statement showing the net earnings for each month for which report has been made to me : May __________________________ , ________ $ 742 98

June. ------------------------------July __ ------------ __ ------------------August ___________ ------------ __ -- ----
September------------- --------- ------

751 50 1,143 -49 1,:37-! 47
2,000 00

Total. __ ------- --------- ---- 86,012 -l-1

'VEDNESDAY, OcToBER 27, 1897.

9

The months covered by these reports are the hardest of the year, but it is gratifying to be able to state that they show an increase over the earnings in the same period, when previously operated by the State.
Under present conditions we can safely rely upon (the net earnings of) the road earning a good income on the sum at which it was purchased by the State, to wit: one hundred thousand dollars, and it will more than pay interest on the series of bonds issued to retire the two hundred and eighty-seven thousand dollars of bonds on said road, upon which the State of Georgia was endorser.
As this is a short and dependent line, and in view of possible changes in the railroad. situation which might impair and possibly destroy its value, I recommend that an act be passed authorizing the Governor, at his discretion, to offer it for sale whenever, in his opinion, it can be sold for the amount of the bonds issued by the State to cancel the series above mentioned.

RAILROAD COMMISSION.
.Your special attention is called to that part of the report of the Railroad Commissioners in which legislation is recommended to enlarge their powers, and to better enable them to enforce their decrees.
These recommendations, briefly stated, are : Control of issuance of stocks and bonds of raihoads. Removal of all doubt of authority of the Commission to require the erection of depots, and additional power to require the construction of side-tracks. Power to regulate the interchange of freights and cars

10

JOURNAL OF THE SENATE.

in ord.er to secure to shippers the right to route their goods and to prevent discriminations.
Speedier methods of enforcing the orders of the Commission to compel railroads to immediately accord to the public rights which are due them.
After asking for this legislation the Commission adds: "\Ve have exercised, and are now exercising, all the authority that has been granted us. Our expmience, and the complaints continually received from the people, dearly indicate that the additional authority recommended is necessary to their protection. If they expect relief in these particulars they must look, not first to this Commission, but to their Senators and Representatives whom they elect to the General Assembly, and who alone have the power to authorize the Commission to correct the ills complained of.'' Yon cannot be too careful in legislating upon the subject of railroad control. A wise and rigid control of these properties is of the utmost importance to our people, and is essential to the growth of our commerce.

STREET RAILROADS,
I addse that the authority of the Hailroad Commission be so extended as to give them power to regulate charges on street railtoafls, and exercise such control over them as may be needed to gi,e good service to the public, aud adjust disputes between them and the public when made by any party interested, or by the authorities of the city in which such street raihoad may be operated. The sole power to de-

WEDXESDAY, OcToBER 27, 1897.

11

terminethose questions should not vest in the street railroad ()Orporation. The authority to pa.ss upon them should be vel'ted in some tribunal, and that tribunal should not be in the control of, or created by, those directly interested in the questions to be submitted to it.

TELEPHONE SYSTEMS.
The Railroad Commission now has jurisdiction over Railroad, Telegraph and Express Companies.
The same rea.sons which induced the State to gi.ve them .
authol'ity over these, demand that their power be so extended as to bring under their control all Telephone Companies.
The ehargeH ma<le by Telephone Companies should be fixed by the Commission. In my opinion they are now so -exees:-i,e in their charges as to demand the interference of the State in behalf of the citizen.
Each of these companies are what are usually termed natural monopolies, and should be controlled by the gov-ernment.
EDUCATIONAL INTERESTS.
There has been a constant and marked improvement in <>nr common schools. The steady and gradual increase in the appropriations for their maintenance has resulted in multiplying the number of permanent schools, arousing greater interest among the people in education,improving the character of school buildings and increasing the efficiency of teachers.
In this campaign against ignorance our columns should

12

JouRNAL OF THE SENATE.

not retreat, but move steadily to the front until the enemy is vanquished and the banner of light, knowledge and Yirtue floats in triumph over the field.

UNIVERSITY OF GEORGIA.
The people of the State are to be congratulated upon tbe ever increasing prosperity and usefulness of their U ni ,ersity. With the increased room and facilities furnished by your late appropriation thereto, and the purchase of the new farm, if assured of permanency of its incom~, its still greater usefulness can not be doubted.
On the 7th of October last two hundred and sixty-seven students had been regiotered. Of them sixty-five per cent. are members of Yarious churches, to wit: one hundred 1\Iethodi~;ts, eighty-one Baptists, thirty-eight Presbyterians, thirty Episcopalians, five Catholics, six Jewe, three Christians, one Lutheran, and one Unitarian. Of the fathers of those students, seventy-eight are farmers, forty-four lawyers, forty-t\vo merchants, nineteen doctors of medicine, nine bankers, six teachers, six preachers, and eight insurance men, besides various other occupations.
For further details yon are referred to the annual report of the Chairman of the Board of Trustees, ~;ubmitted according to law.
GEORGIA SCHOOL OF TECHXOLOGY.
I am pleased to note the increased attendance at the School of Technology. The two hundred and twenty-five students now there give evidence that practical education

WEDNESDAY, OCTOBER 27, 1897.

13

is receiving the serious attention of our people. The school offers scientific courses of high grade in mechanical, electrical, and civil engineering.
The new dormitory is filled with students who are under wholesome regulations and protected from eyil influences by the supervision of the authorities. A high standard in scholarship and skill in shopwork is required, and the school takes rank with the best technical institutions in the country.
Georgia, being near the center of the cotton growing area of the Union, should provide for the instruction of her sons in the manufacture of cotton goods. New England has taken steps in this direction for the protection and advancement of her manufactures. The textile schools which have been established at the North are bound to militate to the detriment of our own cotton industries unless they are met with similar institutions in the South. A department of Textiles should be added to the School of Technology for the purpose of giving our young men the opportunity of becoming experts in the manufacture of cotton goods. I am assured that such a measure would receive substantial aid from many prominent firms and citizens, and on account of the present excellent equipment of the school, the first cost would be reduced to a minimum.

GEORGIA NORMAL AND INDUSTRIAL COLLEGE,
This institution, whose curriculum embraces a Literary, a Normal and an Industrial course, is doing a great work for the State by supplying its schools with well educated,

14

JOURNAL OF THE SENATE.

trained teachers, developing the brain and increa,ing the culture of her daughters, and rendering them capable of being, when necessary, self-sustaining and independent.
So great is the popularity of this college that bad its accomodations been adequate it would have in attendance six hundred students.
Several hundred applicants were unable to gain admission at this term on account of the limited accommodations.
The course of study in the Normal department is considerably in advance of the examinations giYen applicants for first grade license in our common schools.
Under existing laws the graduates of the North Georgia Agricultural and Medical College at Dahlonega, State Xormal School at Athens, Middle Georgia Agricultural and Mechanical College at Milledgeville, Gordon Institute at Barnesville, are permitted to teach in the common schools without further examination.
I therefore recommend that the same right be accorded the graduates of the Georgia Normal and Industrial College.

STATE NORMAL SCHOOL AT ATHENS.
This school bas become a very valuable part of om educational system and is worthy of your aid and encouragement.
In the management of various public institution:-; it has beeu found of great ad vantage to the institutions and a relief to the officers in charge to have some of the trustees located so as to be accessible to the institution. It is not

WEDNESDAY, OcTOBER 27, 1897.

16

ad,isable to change the personnel of the present excellent Board of Commissioners who are charged with the immediate control of the institution, and as their present number, five, is rather small, I recommend that the Governor be authorized to appoint, from the county of Clarke, two additional members to said board.

NORTH GEORGIA AGRICULTURAL AND MECHANICAL COLLEGE AT DAHLONEGA, GA.
I enjoyed the pleasure of attending the commencement exercises of this very excellent institution, and gladly testify to its usefulness. It is doing a magnificent work for North Georgia aud deserves the encouragement which it has received at the hands of the General Assembly.
TRUSTEES OF STATE INSTITUTIONS.
The Trustees of the School of Technology, Academy for the Blind and School for the Deaf all hold office for life. If by death or resignation there is a vacancy on the Board of Commissioners of the Technology School, it is filled by the remaining members. The Board is selfperpetuating.
Life terms in any position is against the genius of our government. It is certainly not in accord with the views of the people of Georgia.
Institutions maintained on appropriations made by the State should be under the control of men commissioned

Hi

JouRNAL oF THE SENATE.

for a limited term of years, and not for life, and I recommend thar the laws be so amended as to conform to this view.
The trustees of each of these institutions are exce1lent men and are performing their duties with commendable fidelity, but this does not affect the soundness of the policy which I advocate.

PENSIONS.
The appropriations made at your last session were sufficient for the payment of all approved pensions exrept those known as indigent pensions (Act 1894, page 32). After payment in January, 1897, of the rolls for 1896, there was left a balance of $40,380.00. Instead of paying in full each new claim as it was approved, it was thought advisable to pay no new applicant until all pending cases had been passed on by the Commissioner of Pensions. 'Vhen such examination was concluded, twice as many claims were approved as could be paid $60.00 each from the unexpended balance, and the same was prorated, allowing $30.00 to each, just half the amount, harl the appropriation been sufficient. In view of the increase in this class of pensioners, it will be necessary for you to make for their payment in 1898, an additional appropriation of $40,000.00, which does not take into consideration the new claims to be passed on for that year. . I respectfully advise that no special pension be granted except the claim has been approved in due course of law. Many reasons may be urged against this kind of legislation,

WEDNESDAY, OCTOBER 27, 1897.

17

but it is only necessary to refer to the constitution, Art. I.~ Sec. 4, Par. 1, providing that "no special law shall be enacted in any case for which provision has been made by an. existing general law."
Nor shonld any pension be paid for any time prior tothe date of its approval, unless all are so paid, as new claims are continually being placed on the rolls, and, if one be paid, then it seems only just to pay all back to the passage of the original law, or, at least, to the time at which the claimant may have become entitled.
The liberality with which our State has dealt with itsveterans and their widows is a source of pride to all Georgians. I submit to you the following statement, showing what is done this year by each of the States for the soldiers of the Confederacy that you may, by making a comparison, the better appreciate the generosity of the noble people of this State:

1-i
00

GENERAL r~,NsroNs.

SoLDIERs' Ho~n,.

ToTAr ..

I Number. Paid. No.Inmates., Paid.

I Number.

Paid.

Coot

Alabama Arkansas . Florida ..

. .........." ..................

7,105
1,336 600

$ 116,532

None. $ . . . .

35.000 65,000

. ...4.9 . ...7,.10.5 .

7,105 $ 1,385
600

0
116,532 d
Sl 42,105
65,000 >

Georgia .... Kentucky ........

10,437 None.

. .5.7.2,!.18.0.

. . . . . None.
None.



0

.

10,437 None.

. . . .5.72.,!).80

I:"' 0

Louisiana ...... ' ...... None. . .....

Estimated.

70

10,000

70

Maryland . . . . . . . . .
...... . ..... Mississippi . . .. . . . . . . North Carolina . . . , .
South Carolina . .

None. 4,714

......
75,000 105,000
100,000

Estimated.
. . . .75. .
67 None.

10,500

0



. . .8,.50.0 .

Estimated. 75
. .....
4,714

Estimated. 10,000
10,500 75,000 113,.500 100,000

1:1;1
~
t'il
UJ
zt'il
>

Thnoo~~ . . Texas .......

537 None.

. . .59.,9.40.

100

8,500

175

38,258

6~7
175

68,440 3S,258

1-3
!l:!

Virginia .......

3,541

110,800

246

30,000

3,787

140,800

-

Paid by all States . . Paid by Georgia . . . . Paid by all other States

$1,35:l,ll5 . . $572,!1HO
780,135- 1;353,115

WEDNESDAY, 0CTOBF.R 27, 1897.

19

As the old heroes feel more heavily the hand of time, their wounds and infirmities require them to lean more on the helping hand of the State, and I confidently believe that ~ur people will continue to respond to their needs with generous aid.
STATE PURCHASING AGENT.

That the State can make a large saving by advertising for bids on every purchase and on every contract to be .awarded, has been demonstrated during my administration by the low prices at which the Georgia Reports and the -0ode were published, the decreased cost at which contracts were let for improvements to the public property, and the reduction in the price at which stationery was secured, on .{)Ompetitive bids. The saving upon these and other items is ample proof that this is the economic method for the .State to adopt in making purchases and in letting contracts.
In large purchases made by the various departments of .State and by educational and eleemosynary institutions, thousands of dollars can doubtless be saved each year, by ,purchasing for all in one lot, under competitive bids.
Even when the amount needed by one institution is small, :the aggragate amount needed by all is often large, and can .therefore be bad at a much lower price. While it will hardly be practicable to make all purchases through one agent, there is a sufficient number of articles which can be so purchased, and thus enable the State to make a large saving.
I recommend the passage of an Act which will require a bond of the keeper of Public Property, and which shall re-quire that, when so directed by the Governor, he shall

20

JOURNAL OF THE SENATE.

make purchases of such amounts of goods and supplies for the various departments ot State as may be needed and for the public institutions, according to the estimates of the respective Boards of Trustees.
The competitive bids should always be opened in the presence of three of the State House officials, and of such bidders as may desire to be present.

SINKING FUND
The one hundred thousand dollars sinking fund on hand is in the various state depositories, drawing only the tw(} per cent. interest paid by the banks on the state's usual deposits.
It cannot be used for current expenses, and can only be paid on the state debt under restrictions imposed by the Constitutiou.
I recommend that the Governor and Treasurer be authorized to loan said fund on best terms that can be made~ taking as security therefor recognized valid bonds of this state.
A compliance with this request will enable the state t(} secure a considerable sum of money from this source before all the sinking fund is needed to meet the bonds of the state falling due in 1915.

TENNESSEE CENTENNIAL EXPOSITION.
In accordance with a resolution passed by you at the previous session of your body the State has placed, at the Tennesse Centennial Exposition, an exhibit which has been deservedly admired by all who have seen it, and it is a splendid advertisement of our varied resources.
For this I can not too highly commend Hon. R. T. Nesbitt, Dr. G. F. Payne and Prof. W. 8. Yeates, whose

WEDNESDAY, OCTOBER 27, 1897.

21

-energy, intelligence and good judgment have achieved so marked a mccess. The exhibit has been in charge of Commissioner Augustus DuPont, of Clinch County, Ga., whose services have been of great value to the State.
It will be remembered that this work has been done with money expended under a resolution approved Feb. 4th. 1897, one section of which reads as follows:
" That to meet the expenses of the above and foregoing, the Commissioner of Agriculture is authorized and directed to use the sum of fifteen hundred dollars or so much thereof as may be necessary of the annual appropriation made to the Agricultural Department and whatever -deficit may result to the said annual appropriation will be supplied by the General Assembly at its next session by appropriation from the -direct tax fund or some other available fund now in the Treasury."
There is now, of the Direct Tax Fund, an unexpended balance of tourteen hundred and thirty one dollars and three -cents. ($1431.03).
In his annual report to the Governor the Commissioner <>f Agriculture says:
I will call the attention of your Excellency, to the fact that this de partment is in pressing need of the money borrowed from it, to make the exhibit at :Nashville, and I trust that as soon as the Legislature assembles, it will be immediately repaid, otherwise the work of the department will be seriously interrupted, as there are now bills due and falltng due, which can only be met by the reimbursement of this money to the department.

BUCKET SHOPS.
The evil that is being inflicted upon the State by the operation of what is known as Bucket Shops is incalculably great. The possibilities of great wealth with which these places allure their victims are well calculated to mislead

22

JOURNAL OF THE SENATE.

and entrap men eager to grow rich, and is a tempting bait especially to the young. Lives are being constantly wrecked and fortunes squandered by these tempters. The material and moral welfare of the State demand that the Bucket Shops be suppressed.

ELECTION LAWS.
Laws regulating elections should effectually prevent fraud, and so guard the right of the elective franchise that the destiny of our State will be entrusted only to those citizens whose ballot is unpurchasable.
While earnestly desiring our State to follow in the wake of other States, and enact legislation which will guarantee honest elections, controlled by the Yotes of hone~;~t men, I will not now do more than call your attention to the importance of the subject. I would rejoice to see you deal with the entire subject at your present session.
In addition to legislation dealing directly with tbis grave question, the right to use money in elections should be strictly guarded and directions given how, and through what channels, it should pass. The experience of others has led them to make such provisions, and, in my opinion, we should take similar action.
The amount of money which can be used by a candidate before the people or General Assembly should be limited, the purposes specified by law, and the successful candidate should be required, before he assumes the duties of his office, to exhibit and file a sworn itemized statement of expenses which ahould not exceed the amount allowed by law.

WEDNESDAY, OcTOBER 27, 1897.

23

:For a violation of this law he should forfeit his right to the office to which he is elected.
Positions should not be awarded to men on account of the wealth they possess. The power and political influence of men should not, in the smallest degree, be measured by money, but by their moral and intellectual worth. The history of this country gives ample proof that the best service has been rendered the Republic by men whose study or questions affecting the public had so far monopolized their time that their own possessions were small.
The proposed measure should be sufficiently comprehensive to specif)' the purposes for which money can be used in a campaign in a party primary or final election, and free officials from that obligation, which is incurred by personally receiving from others a contribution to aiJ in se curing an election.
If, for instance, candidate2 for the office of Solicitor General, Judge and United States Senator are permitted, by direct contributions, to pla<>e candidates and the party au. thorities, in the respective counties, under direct obligation to them by contribution to campaign fund, it will degrade political life, put capacity and worth at a discount, and make money the test of merit. The influence of money in politics is already too great, and should be promptly reduced to a minimum.
All contributions for political campaigns should be made direct to the party officials, and no man, not a resident of a county, should be permitted to contribute to the county election. To prevent undue influences of money from this source, such contributions should, in Congressional cam-

24

JOURNAL OF THE SENATE.

paigns, be given to the District Committee, and in State campaigns to the State Committee, to be by them expended where they think best.
To encourage worthy men who do not possess wealth, to secure a fair submission to voters of questions involving governmental policy and personal merit, to avoid the debauching of politics by the power of money, to guard the purity of the public service that government may merit the respect and confidence of the people, I earnestly ask that prompt action be taken to avoid the disastrous results which must follow the evils to which I have called your attention.

'rHE INCREASE OF CRE\fE.
The increase of our prison population is a matter for seri.ous consideration. In 1869 there were only 393 convicts in our penitentiary; in 1871, 385; in 137-!, 616; and now there are 2,3.57. This, of course, does not include those in the county chaingangs, numbering about 1,850.
The number in the penitentiary would be even larger but for legislation by your predecessors, under the provisions of which a large number who were convicted of felony has been sent to the county chaingangs.
In 1871, 15 per cent. of the convicts were white, and in 1897 8 per cent. are white. During this period the blacks in the penitentiary have increased 600 per cent.
While the increase in white convicts has been small, our penitentiary has been rapidly replenished ~from the ranks of the colored population. The number convicted in recent

WEDNESDAY, OCTOBER 27, 1897.

25

years 1s much larger than just after they were given their freedom. More were received into the penitentiary in the year 1896 than in the years 1869, 1870 and 1871 combined. The whole number of convicts received from the establishment of the penitentiary, March lOth, 1817, to October 26, 1866, a period of 49 years and 7 months, was 2,029; total number received during the four years, 1894-5-6-7, was 2,307.
The following table will show the commitments to the penitentiary for the last eighteen (18) years.

COMl\IIT:i\IENTS FROM ISiS TO 1S96.

'Two years, from October, 1S7S, to October, 1S80, commitments.. 443

" ""
"
" -<>ne year, "
"
"""

18SO, to " 1882,

1882, to

1884,

1884, to

1S86,

" "

1886, to 18il8, to

..

1888, IS90,

lSIJO, to

:892,

1892, to

181.\3,

" 1893, to

1894,

" 181J4, to

1895.

" 1895, to " 1896,

588 596 777 775 966 1,090 711 638 635 528

Total for IS years....................... ........ ..... ............ ..... .. 7,747

This result has been reached in spite of the fact that in addition to what has been done by towns and cities supporting local t-~chool systems we have spent within that time about four million dollars in an effort to educate the -colored people that they may become better citizens.
I am not ready to admit that this has been a waste, or that the race has retrograded in spite of the effort of the

26

JOURNAL OF THE SENATE.

State and philanthropic individuals to afford them educational advantages.
It is unquestionably true that a large number of the race have made great progress intellectually and morally. While this condition exists among the better element, a considerable percent of them have no regard for law or morals, and, from this element, the penitentiary is being replenished with alarming rapidity. How to correct this demoralization and elevate this people to a better standard of citizenship is a problem which must call into requisition the nobility of character and the wisdom of the AngloSaxon. I cannot discuss this question now further than to make one suggestion.
To educate this element without, at the same time, giving them moral instruction is an injustice to them and to society. It is, therefore, the part of wisdom to look more to character in selecting the teachers who are to receive our money for services in the school-room.
The best of the race intellectually and morally should be selected to teach in public schools. The law should require the school authorities to look closely into the conduct and character of each applicant before license is granted to teach. This provision should apply alike to white and black. In every way possible we should endeavor to improve the morals of the people by imparting, through the school-room, correct principles and pure morality. The teacher should not only train the mind but build noble characters.
This I suggest as one of the factors that would aid m reducing our criminal population.

'VEDNESDAY, OCTOBER 27, 1897.

27

This, however, mnst necessarily be slow in having its effect, while present conditions call for quick and repressive measures.

GOVERNMENT, CRIME AND LYNCHING.
The graver crimes are of alarming frequency and more seriously affect that portion of our population who reside outside the towns and cities. In these sections, the crime of burglary, arson and rape have become more frequent than in the years of disorder which followed the civil war.
The frequency of the offense of rape has become alarming in the extreme, and seriously interferes with the security and comfort of living in the country. There are now in the penitentiary seventy-eight convicts for assault to rape, and eighty-one for rape.
Of all crimes known to our law, these two are the most villanous. Their frequency has terrorized the people residing in rural districts, and so aroused their fear and resentment that it has been impossible in many of these cases to induce them to await the action of the courts.
Since November 1st, 1894, there have been twelve negroes lynched who were charged with rape and assault with intent to rape, and one white man who was charged with rape.
In addition to these, there have been seven negro men, one negro woman and one white man lynched who were charged with other offenses. Total for three years, 22, or a little more ~han 7 per year. These occurred in the following counties: Appling, Clinch, Dooly, Habershamt

28

JoURNAL OF THE SENATE.

Monroe, Montgomery, Spalding, Muscogee, Talbot, Col-

quitt, Twiggs, Jasper, Calhoun and Bibb.

It is the duty of government to protect its citizens, and

to do all that can possibly be done to prevent the commis-

sion of, not only, the offenses which have provoked

the people to resort to such a reprehensible remedy,

but all offenses, and to guarantee to every citizen charged

with crime a trial before an impartial tribunal, as guaran-

teed by the Constitution.

In dealing with this question, the people of the South-

ern States are, of all people, in the most trying position.

Here, a latge per cent. of our population has been clothed

with the rights and privileges of citizenship before receiv-

ing the training necessary to prepare them for the duties

and responsibilities of so important a position.

If the same population bad been placed among the peo-

ple of any other section of the Union, they would have

the same problem to deal with which now confronts us,

and would find just as much human nature among their

people as is exhibited by ours.



Notwithstanding the anomalous condition which exists

here, our people deplore mob violence, but should be more

determined in insisting upon leaving to courts and juries

the punishment of violators of the law.

If defects exist in the law, the remedy is not to ignore

and violate the law, but to amend it. The citizen cannot

be justified in trampling upon law and assuming the func-

tions of judge, jury and executioner.

It is the duty of the citizen to leave to the government,

under which he lives, the righting of wrongs, and the pun-

WEDNESDAY, OCTOBER 27, 1897.

29

ishment of crime. The man who ignores this obJigation and assumes, with his own hand to punish crime, becomes a criminal.
The evil to which I allude is not restricted to this State or section, but is national.
The frequency of such occurrences within the last few years is calculated to alarm every citizen who realizes the dreadful results to which it leads, or the enormity of the crime against human rights, government and civilization. To denominate these offenses lynchings do not make them less lawless or barbarous.
It is an attack upon government itself-a conflict between the forces of anarchy and law. It is fundamentally wrong, because it defies government, ignores law and punishes without law or evidence. Under our government, laws are made and unmade at the will of the majority. If there are unwise laws, the people can repeal, if a need for one, the people can eqact. Any organized effort to set at naught our laws and punish crime without and in defiance of the law is itself criminal. It .is worse than criminal. In its very essence, it is treason against the majority and against government.
In the discussion of lynching, let it be clearly understood that it is not a question as to whether or not those guilty of crime shall be punished, but whether or not the innocent shall escape. Not a question as to whether the guilty shall be punished, but whether or not the act of punishing shall multiply criminals.
In a free government like ours there is no excuse for lynching. If there is evidence to convict the courts will

30

JOURNAL OF THE SENATE.

punish; if there is not, punishment should not be inflicted. The courts of our State can be trusted to punish the guilty and protect our property, our persons, and the honor and virtue of our women.
I am deeply concerned for a remedy for this evil that we may save from guilt the men who engage in it, and protect the innocent, who are too often sacrificed.

TRIAL BY MOB.

The mob is not a safe tribunal to justly determine any

cause.

Not long since in this state it is sltid that a mob, which

had gathered, failed to take action because of a division in

their own ranks

. one portion wishing to hang a

man who had not been tried, and the other, to liberate one

who had been tried, heard in all the courts and sentenced

to be hanged for murder.

The mob judges without a full and complete hearing

from both sides. Its members are not the most capable of

judging. It decides in passion and, too often, in whiskey.

How can it fail to make mistakes and sacrifice the lives of

the innocent ?

I feel the more deeply upon this question because from

the best information I can secure, I believe, that during

my administration there have been in this state several men

lynched who were not guilty of the crimes with which they

were charged. How many, can never be known, for their

tongues are hushed, and they are denied an opportunity to prove their innocence. I am informed that o~e man

WEDNESDAY, OCTOBER 27, 1897.

31

whom the mob believed to he guilty, was shot down. A question then arose as to his identity and he was salted down like a hog, shipped to the location of the crime and found to be the wrong man--:-an innocent man.
when an innocent roan is lynched for a crime it serves to protect the guilty. The members of the mob, their friends, and sympathizers seek to impress it upon the community that the right one has been punished and the guilty goes unsought and unsuspected. Even during this year, evidence has come to light showing that in several States victims of the mob have been innocent men. During my term of office one man, who was rescued from the mob, was accorded a trial which resulted in showing tl1at he was not guilty of the offense with which he was charged. Another fled from the mob to the Executive office, and asked for protection, and a trial by jury. They were given him, and it developed that he was not guilty of the charge for which the mob endeavored to take his life.
To what extent this practice bas been or will be used for purposes other than the alleged reason given to the public will never be known. In one instance, not long ago, it was stated and accredited that a man who had been charged with rape came near being lynched. When the truth became known it brought to light the fact that the purpose in preferring the charge was to have him lynched in order to suppress his evidence against parties who had been violating the prohibition law. In another instance a man, charged with an assault upon a woman, escaped the mob, which was in pursuit, and established the fact that the chaige was made against him to defeat the collectiou.

32

JOURNAL OF THE SENATE.

of a debt. Had the parties been lynched it is not probable that their guilt would have been questioned.
These things serve to emphasize the importance of adhering to law, and of your so legislating as to suppress this evil, and guarantee to eyery one charged with crime a fair and impartial trial.
Responsibility for the crime of lynching rests not only upon actors, but upon the community which shuts its eyes to the crime and permits and tolerates it, and upon legislators who refuse to enact laws to suppress it.
It can and will be stopped when the better element wh() deprecate mob law aggressively condemn and determine to suppress the practice.
It is no excuse to say that the Northern people, wh() have less to provoke them to it, lynch. Let us not take them as a standard, but rather show a higher type of civilization in our State, and erect here a standard t() which they may aspire.

LYNCH FOR WHAT CRIMES.
Lynch law has not been restricted to cases where the charge was an outrage upon a female. In Texas a man was lynched simply to suppress his evidence; in Kentucky because he was objectionable to the neighborhood, and in Indiana five men were lynched for burglary. In our State, in the last three years, seven men have been lynched for murder, and one man and one woman because they were suspected of arson.

WEDNESDAY, OCTOBER 27, 1897.

33

WHEN CHARGE IS RAPE.
Even l.Jad it been confined to offenses committed upon females it could not be justified.
To adopt it, in these cases, is to put the life of every man in the power of any woman who might for any reason. desire his death. 'Vhen such crimes are charged the passion of the people is more deeply stirred than by any other, and the mob is quick to act.
Yet, viewed from the standpoint of reason and not of passion, there is less excuse for lynching in such cases than in any other. Delay cannot be given as a reason, nor a fear that justice will be defeated. At Monticello and Columbus the men were taken out of the court room during the trial and lynched. In most cases they are taken from the custody of officers of the law, when they know that the court will convene and give a speedy triaL For this offense, above all othere, the courts are quick to try, and if guilty, the juries certain to convict.
It is not then that they fear delay or the acquittal of the guilty, but it is a defiance of law. It is a desire to substitute passion for evidence and vengeance for justice.
There being no excuse to be found for fear of either delay or failure of justice, but one reason is left, and that is the objection to the outraged victim having to go into court and relate the horrible story. That this is a terrible ordeal, every one must concede, but human lifa must be valued even above this trial. She should undergo this trial, not as a sacrifice to the guilty, but to conform to the rules of law, which centuries of experience have demon-
3s

34

JOURNAL OF THE SENATE.

strated to he absolutely essential for the protection of the innocent. The truth can not be had S.lVt by having both sides heard before an impartial tribunal.
To remove this objection, however, our law provides that, on such occasions, the Judge may order the courtroom cleared of all save the jurors and lawyers engaged in the case on trial.
There is therefore no justification nor excuse for a resort to lynching, even in this class of cases, when the defendant is charged with the most dastardly and horrible of crimes. No man doubts in these cases that the law will punish the guilty, and if he did, he could not find a remedy by making a murderer of himself. The remarkable fact E-xists that in a majority of instances the party lynched is taken from' the custody of officers. I can understand how a near relative of the victim of the lust of a human brute who sees before him the man whom he believes has committed the outrage, and in the heat of passion, slays him, can enlist the interest and sympathy of a eommunity; but how any one can fail to condemn those who are guilty of the cowatdly act of taking from the officers of the law a man who is disarmed and helpless, and banging him without trial, surpasses my comprehension.

EFFECT OF LYNCHING.
Both capital and worthy immigrants seek places where law is supreme and the frequent occurrences of lynching will advertise ours as a law less State and as a half-civilized people.
It sacl'ifices the innocent, brings law into disrepute, creates

WEDXESDAY, OCTOBER 27, 1897.

35

lawlessness, impedes material growth, and in the eyes of .all the world low.ers the standard of our civilization and .degrades the character of our people.
This barbarous practice does not decrease, hut increases .crime. Having stained their hands in blood, its perpetrators are more easily led to again violate law. Recently a man tried on the charge of murder and convicted of shoot1ng a citizen through the window, as he sat by his own bearthstoue at night, ~onfessed also that he it was who -tied the rope around the necks of the two men who were lynched in Columbus in 1896. I condemn it and will not apologize for such lawlessness. To exterminate the practice it must be made odious and dangerous. The pen:alty should be the scorn of the people and the punishment -of the law.

DUTY OF DEMOCRATS.
There is no room for debate upon this question. If -there is, there is none for Democrats. 'Vith them the .question is settled. There is but one position the members --of that party can take.
In the campaign in which the members of this Geneml _.Assembly were elected, the Democratic party went to the people upon a platform, adopted by the State Convention, in which this declaration is found, to wit:
"Resolved, That we deplore and denounce lynchings and favor the -~n~ctment of such laws as will effectually prevent the same.''
I now ask t!1e men who were elected upon this platform -;to enact into law provisions which will in good faith meet

36

JOURNAL OF THE SENATE.

the requirements of this declaration. I do not believethat you will dally with this question, or pass laws which will be ineffectual.
The Democratic party owes it to the people to live up to the pledges which it made to induce them to entrust it with power, or to come boldly to the front and admit that it. wilfully and deliberately deceived to secure votes, and is unworthy the confidence of the people. Your action is to determine whether or not this condemnation can be truthfully uttered. To be honest is as much the duty of a. political party as an individual.
Let the remedy which you apply be heroic and severe.

THE REMEDY.

In murder cases the complaint is that the cases can be too easily continued and justice unnecessarily delayed. I. am not an advocate of hasty trials, but of prompt ones. No one should be rushed into a trial involving his life, when ""'passion in the county where trial is to be had is at, white heat and a fair trial impossible.
The law should in all cases permit the court, on motion of the defendant, or on its own motion, or on motion of. State attorney, to change the venue to any county in the State. In determining whether or not to order a change of venue, the Judge should be authorized to exercise a. very broad discretion and act upon all knowledge that hemight possess bearing upon the question. If, in his opin-ion, a change of venue is necessary to secure a fair and im~ partial jury, he should order the change~ aiul this decision

wEDNESDAY, OcTOBER 27, 18 97.

37

-should not be reviewed by the Supreme Court. The Authority of the Circuit Judge in such cases should be niade plain and ample, and all doubt removed as to power of the Supreme Court to review his decision.
This change in our Ia w, I believe, the first step necessary to secure, in all cases, prompt and fair trials.
In some instances it is difficult to secure a trial on ac-count of the laws regulating the granting of continuances.
This can be remedied by leaving to the trial judge the ,sole power to pass upon motions to continue, denying to the Supreme Court the power to grant a new trial on account of alleged error in so doing. The citcuit judge who knows the parties, the case, and its history, and has the witnesses on the question before him, can better determine whether the motion is made for delay only, and whether a .fair trial and a just verdict can be had without further delay, than the Supreme Court.
Every practitioner knows that the right of continuance is the most abused of all rights granted by the law in court procedure, and in my opinion the circuit judge will correct the abuse if empowered to do so.
The law which gives the defendant more peremptory strikes than the State should be so amended as to give each party the same number. Under the existing law power is given the defendant to object without cause to so many jurors that he can, in many cases, pack a jury in his own interest.
I have heretofore recommended to the General Assembly, .and again urge upon you, that the law be so amended as to punish assault with intent to rape with death, unless the

38

JuUR~AL OF TilE :SENATE.

punishment he reduced upon the recommendation of th~ jury trying the case, just as it may be done now when the charge is rape.
Those who commit these offenses deserve to be punished under the same law.
It has been insisted by some that the way to stop lynching is to provide for the prompt punishment of all whocommit the crimes which provoke it.
Neither the law's delay nor the failure of justice can begiven as an excuse for lynchings in rape cases.
In dealing with the offense of rape in our comts there has been for the guilty no delay and no escape. Courts are promptly called, trials bad, and justice quickly administered. In such cases the men whose names are in the jury boxes in Georgia cau be relied upon to convict.
The evil will exist for a long time, if not disturbed, until public opinion is educated to the point where the condemnation is sufficiently intense and unanimous to make it im-possible.
It is therefore necessary that, without waiting for this slow process, the majority representing law, order, justiceand civilization, pass such legislation as will repress the lawless element and secure the reign of law. The certainty of prompt trials alone will not end lynchings. The delays of the law is a favorite excuse, but is not the real reason for its existence. Qther legislation is needed to aid in checking it.
The arresting officer is now clothed with authority to take the life of the assailants when resisting their effortsto take a prisoner from his custody~ and it is h.is duty to

"WEDNESDAY, OCTOBER 27, 1897.

39

take life if necessary to protect the prisoner and retain him in custody. This he should be required to do at the hazarcl of his own life, or the prisoner should be unshackled, armed and given an opportunity to defend himself. The knowledge on the part of the mob that this would be done would deter it from pursuing its lawless purpose, and the law would be permitted to protect the innocent and punish the guilty.
That it may be ascertained whether or not the officer having the prisoner in custody does his full duty in every instance, I recommend the passage of a law requiring a thorough investigation in every case and providing adequate punisment when he falls short of the full measure of his duty in ptotecting his prisoner. When this is done he should be ineligible to election or appointment to any office until his disabilities are removed by the General Assembly. The administrator or family of a party taken from the custody of an officer and killed, should be authorized to recovet from the county the full value of his life, which, in no case, should be less than one thousand dollars. This provision will not only, by appealing to self interests, make the stronger influences in each community actiYe in opposition to lynchings, but upon principle, is but doing justice to the family of the Yietim. Wht-n the State takes charge of a prisoner, it is its duty to protect him against all danger saye the penalty of the law inflicted for the crime with which be is charged, and for failure to do so, it is just for damages to be paid. It cannot be seriously contended that the State has a right to disarm a citizen charged with crime, render him powerless to pro-

40

JOURNAL OF THE SENATE.

teet himself, and then surrender him to those who seck his life in violation of law, without justly incurring the obligation to pay damages therefor.
I do not ask that you resh'ict yourselves to the measures suggested by me. All that is asked is a remctly, and upon you rests the responsibility of providing it. If the suggestions herein made do not meet your approval, adopt
Qthers. I assure you that in your efforts to find the proper remedy you will have my hearty co-operation.

MISDEMEANOR CONVICTS.
The modification under recent legislation, ofthe penalties inflicted upon parties convicted of felony has so largely increased the number of convicts held in county chaingangs that the question of proper disposition, treatment and management of them is of greater importance than heretofore.
The State's obligation, while inflicting punishment, to treat with humanity and reclaim to good citizenship those confined in the county chaingangs, is not diminished by reason of the counties' anthotity over them. The county is the creature of the State and for any fai!ure on its part to do its duty by the convicts committed to its care, the State is responsible.
Having received, in 1895, information that led me to believe that the .misdemeanor convicts were not being held and treated as the law and humanity required, I appointed Hon. R. F. wright, of Elbett county, former assistant keeper of the Penitentiary, to inspect the various camps

WEDNESDAY, OCTOBER 27, 1897.

41

-and make report thereon, that the General Assembly might be placed in possession of information which would nable it to take the proper action. He was not able to ()Omplete this work before the convening of the General Assembly, but believing that the information already gathered was sufficient to show the necessity for legislation, and to indnee the application of the needed remedy, I discontinued the inspection and placed before the General Assembly the report of l\Ir. Wright upon his work done up to that time.
This very able report by Mr. Wright will be placed before you and to it I invite your attention.
During this year I had reason to believe that abuses still existed in the management of this class of convicts, and that the publicity gi\en, by the discussion of the Wright report, to the illeRality of hiring them to private parties had not conected the evil. I employed Hon. P. G. Byrd, of Floyd county, to locate and inspect all camps where misdemeanor convicts wete worked, and make report thereon. His clear and comprehensive report has been printed, and will he placed before you.
The facts stated in these two reports leave no room for douht that legislation is needed to properly regulate the care and treatment of this class of convicts, which now numher more than eighteen hundred. After learning from this report that six hundred and thirty-seven of these convicts were held and worked by private parties, who had secured theni from the county authorities in violation of law, I communicated the facts to the Judges and Solicitors. from whose courts they were sentenced. Upon receipt of

42

JOURNAL OF THE SENATE.

this information, these officers acted with comtnendabl~ promptness, and took steps t.o have the convicts worked in compliance with law and the !'lentence of the Court. This refotm has already greatly increased the forces at work on the public roads, and will be of incalculable value in promoting the improvement of our highways.
It is not enough, however, that these men are remanded to the custody of those who are authorized by law to control them. The Wright and Byrd reports will clearly show that this is not the only reform needed. The end to be secured is uniform and humane treatment. This cau best be secured by State inspection and enforcement of rules prescribed by the penitentiary authorities. Under the existing system, there is probably no two camps where the same treatment is given or the same rules go,ern. Certain it is tliat at some camps confinement for three months is worse than for twelve months at others.
This inequality applies not to the private camps only,. about which so much has been said, but to the County camps also. The facts stated in the reports bearing upon this question are so convincing and irresistible that I need only refer you to them.
I earn-estly recommend that the State provide for regular in~pection of these convicts by a State officer whose duty it shall be, while wholesome punishment is being inflicted, to see that their treatment is humane and that the rules provided for their government, and of those in charge of them, are enforced.
Subject to the supervision of the State, all misdemeanor

WEDNESDAY, OCTOBER 27, 1897.

43

convicts should remain in the care, custody and control of the County authorities, as under existing laws.
Now, while we are providing for tbe disposition of our penitentiary convicts, it io best that we al:so supply the legislation needed to properly regulate and direct the management of county chaingangs.

THE PENITENTIARY.
The General Assembly, at its present session, is confronted with the duty of providing for the disposition of the inmates of our penitentiary after April 1, 18!J9, at which time the existing lease will expire. This will be but. three months after the adjournment of the General Assembly, which will convene in October, 1898. If the Stateil to take charge of its own penitentiary, house, care for, control and furnish employment for its convicts, three months will not give sufficient time to make the necessary preparation. On the other hand, if under any plan they are to be housed in part, and only a part are to be worked for others, this time would be too short eit.her to arrange for employment or for quarters. Should action be delayed until the session of 1898, we would find the State utterly unable to make adequate anangements to either hire or work its convicts before the expiration of the lease, and i forced to have others employ them, we would, in their disposal, be entirely at the mercy of the present lessees, who
alone would be prepared to house or give employment ro
them.

44

JouRNAL Oll' THE SENATE.

It is then an imperative duty to meet this question and solve it at your present session.
Our prison population is about 4,100, of which 2,224 are penitentiary convicts. The problem presented is the gravest which has confronted the Stat.e government for many years. \re are not only to direct how the products -<>f industries are to be affected by the direction given the -energy of these workers, but protect taxpayers from a needless burden, and meet the requirements of humanity and Christianity by securing for the convicts merciful treatment, and throwing around them influences which will elevate and reform. \Ye cannot afford to inaugural: a system whi~h will make worse citizens of the inmates of the penitentiary. Such an one will wrong the individual, increase Crime and multiply the dangers which threaten society.
Our civilization, the heart and intelligence of our people, must be exemplified in the law which contains a solution of this great question. The penal system of a country should keep pace with the upward march of a people, and is .generally accepted as evidence of the character of its civilization.
To reach a just conclusion, however, it is necessary to know the precise social conditi<m '''hich exists, and the moral and intellectual condition of the criminal element which the prison system is expected to effect. In agreeing l~pon the plan to be adopted we must keep in view the peeuliar conditions which exist in our State, and the character and capacity of our prison population.
At the very threshold of this discussion, the proposition :Should be accepted by all that the law consigns men to

WEDNESDAY, OcTOBER 27, 1897.

45>

the penit.entiary not to become petted children of the State, but to punish them for wrong-doing.
The purpose of the establishment of a penal system is to deter others from violating the law and to protect and improve society by the punishment and reformation of the criminal. In the accomplishment of this purpose the convicts should be safely kept, surrounded by healthy conditions, humanely treated, confined at hard labor and encouraged by good influences to reform their characters and become law-abiding citizens.
That system which will meet all the requirements of this statement, with least expense to the law-abiding citizens of the State, and come least in competition with free labor, i~ the one to be adopted. When it is remembered that the expense entailed by the confinement and trial of men charged with crime is a heavy draft upon the resources of the honest citizens of the State, it cannot be questioned that it is entirely legitimate that the State secure from the labor of its convicts such income as may be had consistelllt with the conditions and duties above stated.
Before entering upon a detaile.! discussion of the system which I shall hereafter recommend, I desire to gi,e my reason for rejecting some plans which have found advocate;:~ in this State.

PRESENT LEASE RYSTEM.
At. the Democratic State Convention which nominated me for Governor in 1896, I requested the Committee on Resolutions to embody in the platform, to be reported by

46

JOURNAL OF THE SENATE.

it for adoption, a plank placing the party in opposition to the present lease system. \Vhen the platform was read and .adopted, containing not even a reference to this subject, I was uncertain whether or not it meant by this silence that the convention contemplated a re-enactment of that system. If so, I knew that I would not make the race 1Jr Governor. That I might not mislead any one upon thi~ .subject, and give the convention an opportunity to disapprove of my position and name another candidate, I announced in my address to the convention that, if elected, and a bill was passed re-enacting the system, I \vould -veto it. To this announcement I must adhere, because it is my pledge, made to the people, imd because in my opinion now it is the proper position for the State to assurr.e.
Any penal system is fundamentally wrong- and vicious which requires the State to part .with the control of th~ -convict, and gives him into the custody of private parties. I do not care to go further into a discussion of this system, than to make this statement. However many reasons may .exist against it, this one, in my opinion, is sufficient to de.mand its abandonment.

ON PUBLIC ROADS.
To say in general terms that the convicts should be put to work upon the public highways is an alluring and captivating suggestion. Yet a thorough and intelligent study of the questjon leads uniformly to the conclusion that this should not be done.
In considering this phase of the question, I have not

WEDNESDAY, 00TOBER 27, 1897.

47

undervalued the social and economic advantages to be de~ rived fr:>m improved public highways.
'Ve are greatly in need of good roads, and have reached
the point where we must engage in the building of smooth and permanent roadways, but the State should not bear the burden of building them nor should the penitentiary -convicts be employed upon them.
The principle of local self-government is as far-reaching in its application, and as wise a policy of gon~rnment as -ever in the past. The county should do all things which the State cannot do better, and the State all things save those which t.he general government can do better.
The roads within the respective Counties are of local interest, and can be better and more economically attended to by County aut.horities. If the responsibility of build~ ing, repairing and eatablishing local roadways is to be surrendered by the Counties, and assumed by the State, where is this new danger of State centralization to end? when this new obligation is assumed there will necessarily go with it the obligation to build and repair all bridges now built and maintained by the respective Counties. When this step is taken there is no halting place until the State builds all C'Ourt~houses and jaih, pays all court expensesall County taxes are abolished, all County authority over local affairs surrendered, and the General Assembly of. the State becomes the arena where Counties must contest for such a share of State taxes as can be secured for carrying .on their local affairs.
The Sba:te has already gone far enough with its interference in County matters, and the time has arrived when

~8

JOURNAL OF THE SENATE.

the counties should insist upon retaining all puwer now .vested in them by law.
Railroads are now the channels :for :freight and passenger traffic. Dirt roads are only local and not State highways. If this was ever a debatable question, it was when dirt roads 'vere the means of travel and channels of commerce not only from one County.to another, but between States. The advent of the railroad has beyond question, localized the wagon road. It being a matter of local interest, and one which local authorities can attend t.o with greater economy and efficiency, I am unalterably opposed to so extending the power and duty of the State as to ha,e these roads worked by State authorities and at State expense.
If the proposition be not to have the State do this work, but for each County to take charge of its own convicts and work its roads, to this there are also serious and controlling objections. As many counties have not enough convicts to organize and work, and many others, in the flat sandy section of the State, think they do not need to so employ them, such a plan would work an injustice to such counties. I append hereto a statement showing how many are now in the penitentiary from each County, that you may see the impracticability of this plan:

\VEDNESDAY, OCTOBER 27, 1897.

49

SHOWING PRISON POPULATION BY COUNTIES IN 1896. F1om Report Principal Keeper, 1896.

COUNTY.

COUNTY.

COUNTY.

Appling, . . . 12 Fayette

5 Newton

19

BaKer

5 Floyd

50 Oconee.

9

Baldwin.

15 Forsyth

7 Oglethorpe . . .

7

Banks.

4 Franklin.

8 Paulding. . . . 5

Bartow

10 Fulton.

244 Pickens. .

~

Berrien

11 Gilmer . . 1 Pierce.

13

Bibb .

121 Glascock. . . . 10 Pike.

20

Brooks

.. 10 Glynn.

49 Polk.. . . 19

Bryan

12 Gordon

ll Pulaski.

10

Bulloch

20 Greene

15 Putnam . . .

15

Burke.

48 Gwinnett . . . 6 Quitman...

5

Butts

15 Habersham.

7 Rabun..

7

Calhoun.

12 Hall.

10 Randolph .

22

Camden.

7 Hancock.

10 Richmond .

46

Campbell .. 5 Haralson.

3 Rockdale.

8

Carroll. . . 9 Harris.

17 Schley.. . . . .

7

Catoosa..

3 Hart .. 8 Screven. . . . 26

Charlton .

6 Heard

5 Spalding.

18

Chatham.

176 Henry .. 20 Stewart. .

24

Chattahoochee 6 Houston.. . . 22 Sumter

48

Chattooga

2 Irwin

6 Talbot

16

C h e r o k e e.

9 Jackson.

19 Taliaferro. .

5

Clarke

.. 7 Jasper .... 11 Tattnall

22

C l a y. . .

9 .Jefferson . . 18 Taylor

.

2

Clayton 15 Johnson.

4 Telfair. . 13

Clinch . .

8 Jones.

9 TP-rrell . .

6

Cobb .

28 Laurens. 16 Thomas .

19

Coffee.

10 Lee.

6 Towns. .

Columbia .

8 Libertv

25 Troup. . . . 17

Colquitt ...

3 Lincoln .

5 Twiggs. . . . . 6

Coweta..

28 Lowndf!s.. . . 20 Union.. . .

2

Crawford .

7 Lumpkin..

3 Upson.

5

Dade. .

7 Macon.

11 Walker.

11

Dawson .

1 Madison. . . . 10 Walton.

16

Decatur

44 Marion.

12 Ware.

16

DeKalb ..

29 McDuffie ..

13 Warren

1l

Dodge .

20 Mcintosh. . . 18 Washington

39

Dooly . . . 17 Merriwether . 20 Wayne. . . 15

Dougherty . . . 45 Miller .

5 Webster.

4

Douglas ..

3 Milton

.. 2 White.

1

Early.

S Mitchell

19 Whitfield. 10

Echols...

1 Monroe

10 Wilcox.

17

Effingham.

7 Montgomery... 14 Wilkes

15

Elbert ..

14 Morgan

11 Wilkinson .

11

Emanuel. . 41 Murray

Worth

. . 22

Fannin .

1 Muscogee

12.357 55 Total.. . .

4s

50

OF JOURNAL

THE SENATE.

Are the Counties prepared to consent to the increase of tax rate which this will make necessary? It will be more expensive than working misdemeanor conv~ots, and in my judgment the average cost in all Counties will, on account of nhe small number in each, be greate-r than free labor. It is difficult to manage twenty-seven (27) oamps now. What will be the result when we make it possible to have 137 camps, scattered over the State?
If some counties are allowed to take charge of their convicts and work them upon their public roads, it would be unfair to those counties not working theirs, in that the first named would receive not only the benefit. of tb.'l labor of their own convicts, but would share in the profit> accruing to the State from the convicts under State contr.)l.
It has, however, been suggested that, without the State assuming the entire duty of building and repairing the roadways of 1Jhe State, it und_ertake the burden of aiding the respective Counties to the extent of sustaining and working the penibentiary convicts upon the public roads.
It will take a large e~penditure of money, thousands of dollars, to purchase the outfit-stock, machinery, tools, etc., and in addition thereto a considerable sum to repai:r and supply losses and deficiencies. To this you must add the sum of two hundred and seven t1vusand doll.us as the necessary annual cost of guarding, clothing, bedding and feeding the convicts.
Bearing in mind that this large expenditure must be raised by taxation upon the people of the entire State, and nQ!f; upon the people of any particular County or Counties, the questioo arises, in what section of the State are

WEDNESDAY, OCTOBER 27, 1897.

51

the convicts to be worked, and what sections are to be neglooted? What particular 'l"oads are to be worked and which to be omitt-ed? As he:retofore said, in some of the Counties it is claimed that the convicts are not needed upon the highways. Who are to be served first and who are to wait, and how long? What is the justice of taxing all the Counties of the State to work the roads of only a part of the Counties? The elements of cost must be considered in passing upon either proposition looking to working the penitentiary inmates upon the public roads. There are, however, other objections, which to my mind are insuperable. Such a disposition will forbid their safe keeping, humane treatment, benefit of proper influences to encourage reformation of character and increase the dangers to society.
The migratory life required by road work would render it impossible to have the convicts quartered in safe and comfortable buildings, and in suitable localities. To adopt the system of confining these long-term men, winter and summer, year aiter year, in portable cages would be brutal.
Such close confinement in contracted and uncomfortable cages would be bad, but it is not the only objection. The want of proper sanitary conditions and arrangements for privacy and cleanliness must receive due consideration. The crude and inadequate quarters will make it worse upon the convicts, the increase in the number of escapes will make it worse for society. The fact that these escapes will occur in the I"UI'al distriots makes the dangell" to society doubly groot. Work upon the public roads c:an.not be even so much concentrated as it is in railroad building, and the chances for escape will therefore be greater.

52

JoURNAL OF THE SENATE.

The reason for it may not be clear, but it is unquestionably 'and lamentably true thillt a large per cent. of our criminals are more daring and desperate charaoters than ever before. \Ve now have in the penitentiary more of that class than ever, which by reason of persistence in crime, may be denominated professional criminals. To distribute these convicts upon the public roads throughout the State would make the life and property of farmers less secure, endanger their homes and terrorize their wives and daughters.
That you may have some idea of the character of the men proposed to be plaoed upon the public roads, I append hereto a statement showing the number for each offense:

SHOWING NUMBER OF CONVICTS FOR .!!:ACH OFFENSE IN 1896.

F1om Report Principal Keeper, 1896.

Arson. .

69

Attempt to murder. .

25ti

Attempt to rape . . .

78

Aiding escape . . . .

8

Burglary . . . . . . . . . . . . . . . . . . . . . . . 870

Bigamy. . . . . . . . . . . . .

6

Bestiality . . . . . . . . . . . . . . . . . . . . . . . . . 10

Breaking and entering railroad car. . . . . . . . . . . . . 15

Embezzlement . . . . . . . . . . . . . . . . . . . . . . .

Forgery. . . . . . . . .

50

Infanticide. . . . . . . . . . . . . . . . . . . . . . .

2

Incest . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Interfering with railroaJ switch. .

3

Kidnapping . . . .

3

Larceny after trust.

1i

Larceny from house

32

wEDNESDAY, OcTOBER 27, 1897.

53

Larceny from person. . . . . . . . . . . .

3

Mayhem. . . .

2

Manslaughter . .

138

Murder. . . . . . . . . .

373

Obstructing railroad train

Perjury. . . . . . . .

10

Personating another . .

1

Receiving stolen goods . .

4

Rape . . . . . .

81

Robbery . . . . . . . . . . . . . . . . . . . . . 79

Simple larceny . . . . . . . . . . . . . . .

212

Unlawful shooting and stabbing.

24

Wrecking railroad train..

3

Total .....

, 2,357

The conclusion reached by other States, adverse to the proposition to employ felony convicts upon public roads, is a wise one, whether viewed from the standpoint of humanity, or from that which demands protection for so ciety.
In dealing with the question now under consideration, we must keep dearly in mind that the inmates of the penitentiary and of the County chain-gangs cannot be dealt with in the same way. The one is CO'Ilvicted of a felony, a crime-the other a misdemeanor, a misbehavior; the one is under sentence foT terms varying from one year to life, the other under sentence varying from one day to e year. The inducement to escape is greruter to the convicted felon, and as a rule he is a more desperate oharacter, and more dangerous when at large. It is therefore easier and less expensive to manage the Oount.y convicts, :md it is practicable to utilize them upon works where pen-

54

JOUR~AL OF THE SENATE.

itflltiary convicts cannot be properly used. If the parties convicted of misdemeanors are not sufficiently numerous to answer the demands of Counties desiring to use them upon the public highways, it may be well to allow any County on certain conditions, to supplement its force wi,th such convicts which it has sent to the penitentiary for a term of less than two years. T9 prevent Oounty chaingangs securing from this source the custody of desperate chara0ters, the requisition should always be made by the County authorities, who will, before applying, make themselves acquainted with the character of the convicts. Then, before being honored, their application should be approved by the judge who tried the case and the Prison CommisSion. By the adoption of this plan the forces at work upon the roads of the State can be materially strengthened without detriment to the public interest. This provision should not go into effect until experience has demonstrated that, when all misdemeanor convicts are worked by County authorities, in compliance with law, there is not enough of them to do the road work required by the Counties working convict labor.
When this provision is made effective it should be accompanied by a requirement that sufficient compensation shall be paid the State for the hire of the felony convicts to prevent counties having misdemeanor convicts to dispose of being forced to hire them to other counties for less than a fair price. If a county using convict labor can secure penitentiary convicts without cost, it will refuse to pay to secure misdemeanor convicts. Such refusal would seriously embarrass those counties net working their own convicts,

WEDNESDAY, OCTOBER 27, 1897.

55

which desired to dispose of them to other counties. In truth, no felony convicts even of the two years class should be permitted to work upon a county chaingang unless therP. are too few misdemeanor convicts to meet the demands of the counties for public road work.

THE SYSTEM PROPOSED.
Every person sentenced by the courts to penal servitude should remain in the custody and control of the State, and owe obedience to none but officers of the State. If private individuals receive the output of his work they should pay the State a stipulated sum therefor without having control of the convict.
The entire power, subjeet to Legislative resiridi'On and direction, to looate and prepare a penitentiary, build and equip the necessary prisons, hospitals ,and other houses, con trol, care for, work, make oontracts for, the employment. of oonvicj;s, a:nd appoint all needed, officers and employees, should be vested in three citizens to be known as the Prison Commission. This Oommission should be ,appointed immediately upon the passage of the Act, and at once proceed to select and purchase vhe land necessary to conduct t.he work of the penitentiary. Whather the land purchased is in one or more tracts, said Commission should be direcrt;ed to arrange separate quarters for boys, men and women.
The equipment of the penitentiary, under the appropriation to be made by this General Assembly, should only be sufficient to accom~odate the boys, women, men not classed as able-bodied, and such able-bodied men as may be needed

56

JOURNAL OF THE SENATE.

to successfully carry 'OD. the work in which they may be engaged by the Prison Commission. The labor of the other able-bodied convicts should be hired out for a te!ITI1 of five years as iJ:tereafter stated.
It would not be just to the taxpayers of the State to undertake now to make so large an outlay as would be necessary to care for, house, and keep employed two thousand two hundred a:nd twenty-four convicts.
The plan which I advocate contemplates and is capable of growing into a syst.em in which the StaJte maintains upon ills own premises !ll oonvicts. Yet this vast power should not n'Ow be vested in the Prison Commission. The appropriation to be made and the directions given the Commission by you limit ]ts power and authority.
All income from the penitentiary convicts not needed for sustenance should go into the State Treasury, from whence it could not be taken without legislative authority.
It would, therefore, be for the people of the State, speaking through their representaJtives in subsequent General Assemblies, to decide whether to complete this plan, or to permit the able-bodied men, to continue, ~nder the control and direction of State officials, to work for others, the State receiving quarterly stipula:ted hire for their labor.
H in future the system, to which I look forward, be completed, and all convicts cared for upon the State's own premises, it must be a gradual growth. We should adv-ance in this dirootion only as it booomes evident that they can be so employed in the central penitent~ary as to make their labor profitable. They should not be taken from remunerative employment. outside of the penitentiary,

WEDNESDAY, OCTOBER 27, 1897.

57

where they are hu.manely cared for, and placed at unremunemti.ve w-ork in a penitentiary, where thej are to become a burden upon the taxpayers. To what extent they are to be worked within walls at the expiration of the five years contracts is a question which the people can determine in the light of the experience had during that time. Of one thing I am cerbain, and that. is that we should not now place aU within walls oat the enormous cost which would be neces<:.._ary and run the risk 10f saddling upon the taxpayers the heavy burden of paying the loss which might be incurred ion this experiment.

REFORMATORY FOR BOYS.
The departmoot established for t'.he cure of boys s4ould be known as the State Reformatory.
Here should be received all boys convicted of felony, under the age of 17, whom the Judges in their discretion may sentence to a term in the reformatory. In addition to these it should receive all boys under age of 1'l convicted of misdemeanors, when so sentenced by the court, upon receipt from the eount.y where convicted of such sum as will in the judgment orf the Prison Commission cover the cost to the Smte, if any, of keeping them. The female convicts under, 17 years of age should be placed in the woman's department and given the same advantages and surrormded by the same influences as boys in the reformatory.
The inmates of this institution should be employed in farming and such other laoor as the Oommission may select, keeping in view the necessity of preparing them

58

JouRNAL oF THE SENATE.

when discharged for some permanent occupation, and the necessity of, as far as possible, making them self-sl~pporting while in custody of the State.
They should be given the benefit of such educational adVTantages as may be provided, and care taken to impart such moral instructioo. and training as will aid in making them useful citizens. In my opinion this department can and should be made self-sustaining.
WOMEN CONVICTS.
The W()IInen oonviots should 1have a prison separate from all others.
This under the care of 'a matron, subject to the superin tendent, should be occupied by women and girls exclusively.
Those not assigned to camp duty can be employed in mending and making clothing for themselves, the boys, and other convicts. If other em-lloyment is necessary to keep them engaged, 1Jhey may be required to work gardens, or do such other service as the Commission may direct. As the penitentiary is at present constituted, each woman would have to do the sewing for forty-five convicts. If at any time it becomes apparent that more can be done by them or that it is advisable to engage them otherwise, the Commission can determine how they shall be employed.

MEN CONVICTS.
All male convicts not classed as able-bodied, who can be so cared for there, sl;J.ould be kept in the penitentiary to be prepared prior to the expiration of the lease and plaood.

WEDNESDAY, OCTOBER 27, 1897.

59

rut. work. Here also should be sent suc;h able-bodied men a.<; we ~re :then prepared to care for, who may be needed to help carry on successfully the work in which the secondclass convicts are engaged. The remainder, which will probably approximate 1,800 men, should be engaged towork for such persons as might oontract for their labor with the Strute, upon such conditions aii!d limitations as you may direct.
The Prison Commission should be authorized to enter into contracts for the employment of convicts, for terms not to exceed five years, requiring payment to be made quarterly, and taking bond fm. iJhe faithful performance of the contract.
In no instance shall power be giV'en the employers to manage, direot, punish or control the conviCit. This authori.ty should be retained by i!he St.ate and exercised only by its officers. The State should arrange for their being properly housed, bedded, dotJhed, fed, punished and cared for in every respect, and it only should have power to say when and how much they shall work. The Stwte and the employer should be the contracting pal'ties, and noc1omin~on exercised by the employer OV'er !Jhe convicts. Under this system the State has the same control of convicts o!Jhat it. would have were it employing them on its own account, yet it would receive a fi.."ed and cel'tain amount for their labor and not be interested in t.he profit and loss account of the business a;t which they are worked.
As the present lease expires when rthe year is three months advanced, I suggest that the Prison Commission be

60

JouRNAL Oll' THE SENATE.!

empowe'l."cd, if they deem it advisable, to treat with the lessees wibh a view of securing such as. may be needed to begin work for the State by January 1, 1899.

CHARACTER OF WORK TO BE DONE BY CONVICTS.
To determine upon the particular work in which convict labor in this State shall engage and give specific directions within nanow limits to the Prison Commission would, in my opinion, be unwise.
The Prison Commission should be men of high charactoc and recognized ability, who will, in dealing with all matters, act with due deference both to tlhe interest and the sentiment of the people whom they serve.
It need not be anticipated, however, that by some mysterious and inconceivable way the State will be able to take this large force out of all fields of labor and produce with it something that no Qlne else ever has or oon produce. The sentence of the court in evocy oase is that they be oonfined at hard labor, and in complying with this mandate of tbe law they should be required to produce something that. is of value; that will, if possible, make their labor remunerative to the State. This can and should be done without driving free labor from its present employment, and without unnecessarily coming in competition with it. Our convict labor must p'!."oduce something or become a tax upon both the property and "labor of the State, f& he who thinks that the laborer escapes tla.xati:on is sadly mistaken. His name may not be upon the tax books, neV'e11theless he pays.

WEDNESDAY, OCTOBER 27, 1897.

61

It is a difficult task to find employment at all times for two thousand two hundred and twenty-four people, and when not at work they are expensive to maintain and guard. vVe must find work for all these, and for some time we must find employment under the contract system for most of them. It should, in my opinion, be leit to the Prison Commission, after considering the character of the work, the price offered and the extent to which it competes with free labor, to decide what contracts to make, and at what works to have them employed.

REFORMING INFLUENCES.
The legislation to be enacted by you should imperatively exact of the penitentiary authorities that the best possible influences be thrown around the inmates of our penal institutions to induce them to reform and at the end of their terms become useful and upright citizens. Ample opportunity fOO" the encourageme.nt of religious teachings and influences should be given, and every detail of their training and management should be so conducted, oas to impress upon them the value of right doing, and to inculcate cOlToot moral principles.
To a,ocomplish this, care should be taken f,o select as employees, from th~ highest to the lowest, only men whose habits, character and influence are good.
How many of the convicts wil~ improve unde'l" th~ surroundings I eannot portend. My hope is not as strong as I would like, but let us do our duty and fo'l" results trust in God.~ It is cel"tain, however, in our rtreatment of convicts heretofore this feature hru> been boo greatly neglected,

JOURNAL OF THE SENATE.
and the result suggests that .ve make an earnest, honest -effort..
There are now in the penitentiary 1,903 who are serving their first term, 266 who are serving their second, 38 who are serving their third, 10 who are even serving their fourth term, 6 1Jheir fifth, and one the sixth term. How many, who having completed a term in the penitentiary, have subsequently been sentenced to the county chaingangs cannot be known, as no records are kept from which the facts can be ascertsined. We do know, however, hew frequently the men who have beem. in the custody of the State for the purposes of punishment and reformation emerge only to -oommit the most outrageous and shocking crimes-to. become outlaws. Too many of them upon receiving their disclharges are vastly worse men, more dangerous citizens, than when they entered!
It is not right simply because they are criminals to refuse to obey the dictates of humanity, and endeavor to make them better. For the benefit of the individual, moral duty, religion and humanity require us to make an effort to rescue them. The security of society also demands that an effort be made for their refoil"ID'ation. The wocse the man when !he is released, the greater the danger to society, the .more outrageous the crimes which he will commit. \Vhat must be the result to society, if, taking no account 'of those dischged from the coun!Y chain-gangs, four hundred men are annually discJhoarged from the penitentiary worse citizens, readier for crime than when they entered. This suggests the penalty which a failure to do our dut.y will inflict .upoo. the law-abiding people of the State. In obedience to

WEDNESDAY, OCTOBER 27, 1897.

63

the duty which we owe our fellowman, and in behalf o society to which you owe protection, I invoke you to so legislate upon this question as to subserve this high and noble purpose.

BOARD OF PARDONS.
If, in disposing of the convict problem, you provide for the creation of a Prison Commission, I recommend that there be conferred upon it the duties of a Board of Pardons.
While under our Constitution the power to grant pardons can only be exercised by the Governor, this body can be of invaluable aid to him because of their knowledge of the convicts under its control, and by sharing the responsibility, greatly lighten his burden, when undE>rgoing tho~e fearful trials when human life is placed in the power of one man who must decide the issue upon human testimony.

BOARD OF TAX EQUALIZERS.
In my message to the general assembly in 1895, in discussing the need of a new assessment law, I said:
"In reference to the value of property as shown by the Comptroller-General's report, gathered from tax returns, it is my duty to say to you that it does not approximate the real or market value of the property of the citizens of the State subject to taxation. Under the present system of making tax returns, outside of where the returns are affected by local assestment systems of towns and cities, each man is his own tax-assessor and places upon his property such value as he sees fit, even himself in many instances

64

JOURNAL OF THE SENATE.

confessing that the amount at which it has been returned by him for taxes bears no approximate relation to the real value of the property. While the Legislature nominally fixes the tax rate for the State to be collected from her citizens, each citizen has the power to fix his own tax rate, and many of them do fix it. at an unjustly low rate by placing a value upon tJ:!eir property far below its value and on a scale much lower than that by which the property of their neighbors is valued. The man who pays taxes upon property unfairly valued at $500, while on property of the same value his neighbor pays on $1,000, is lowering his own tax rate one-half, depriving the State of itsjust revenue, and placing an unjust burden upon his honest neighbor who values his property correctly.
I most earnestly recommend that some plan be devised by which the State can arrive at something like a just valuation of the property of its citizens subject to taxation, and protect the man who honestly returns his taxes against impositions from those who return their property at an improper valuation. It is well to bear in mind that any plan which you may adopt will, when put in practical operation, prove imperfect, but as these defects appear it will be the duty ofyour successor to correct them and continue to perfect the law. Certain it is that no system which can be adopted can be open to greater abuses or more flagrant injustices than the law under which our property is now returned for taxes. A. proper plan for assessment of property for taxation will not only equalize values but place upon the tax books a vast amount of personal effects which now escape taxation.

WEDNESDAY, OCTOBER 27, 1897.

65

I call your especial attention to the very excellent discussion of this question by the Comptroller-General, in his annual report, which will be placed befote you.

STATE BANKS.
There are in this >:;tate 143 State banks and bankers, and twenty-se\en Xational banks.
The bare recital of this fact gives emphasis to th.e statement that in the interest of the stockholder, borrower and depositot, our banking laws should be the best.
Yon are urged to carefully consider the recommendations in the Treasurer's Report and take action thereon.
If, for any reason, you are not able to deal satisfactorily with this important subject during the present session, I recommend that you authorize the appointment of a commission to be composed of five citizens, to study our banking laws and report to the next General Assembly what legislation is advisable to improve them.
COWPENS MONUMENT.
At the celebration of the Centennial of the Battle of Cowpens, it was determined to erect a monument in commemoration of that event, and a committee appointed to invite the co-operation of the original thirteen States and the State of Tennessee. Each of these States consented to pay their allotted share of cost; Georgia agreeing to it through General A. H. Colquitt, who was at that time governor The monument was erected at Spartanburg, S. C., and on a bronze tablet, along with the names of other Sates, Georgia appears as one of the States contributing to its erection.
5s

66

JOURNAL OF THE SENATE.

All the States except Georgia paid their share of the cost

of the monument years ago. From various causes the pay-

ment of our part of the contribution was delayed from

year to year until 1896, when, to save the State from fur-

ther humiliation, Georgia's talented and patriotic daughter,

Miss Ella M. Powell, sent to South Carolina the $240.00

due.

The position of Georgia in having failed to contribute

for this monument to her revolutionary heroes, while its si-

lent inscription is daily advertising to the \Vorld that Georgia

shared in the hoiJOr of its erection, is a humiliating one,

and I trust you will be able to devise some means to re-

lieve her.

w. Y. ATKINSON,

Governor.

WEDNESDAY, OCTOBER 27, 1897.
CLEMENCY.
The following list contains the names of persons to whom demency has been extended since my message in 1896, together with reasons for action in each case.
Pardons granted by the Governor without the recommendation of the Joint Committee of the Senate and House .of Representatives of the General Assembly of 1894-95.
FELONIES.
Doc Laming-Convicted of assault to murder. October term, 1891, Gilmer Superior Court. Sentence, ten years. Previous good character. Conduct good since confinement. Recommended by judge, grand jury and trial jury. Pardoned November 5, 1896.
Henry Daniel-Convicted larceny from the person. K ovember term, 1893, Cobb Superior Court. Sentence, five years. All money recovered. Recommended by judge. Granted November 17, 1896.
Colonel :Mathis-Convicted of assault to rob. September term, 1894, Floyd Superior Court. Sentence, four years. Evidence entirely circumstantial. Asked for by solicitor-general, county officers and many citizens. Good conduct. Granted November 19, 1896.
Henry Brisco-Comricted of assault to rob. September term, 1894, Floyd Superior Court. Sentence, four years.

JOURNAL OF THE SENATE.
Grave doubt as to guilt. Asked for by solicibn-generai, representatives, county officers and many citi:zens. Granted November 19, 1896.
\Yill Grons-Convicted of assault to murder. October, 1895, Henry Superior Court. Sentence, eight years. Acted in self defense. Recommended by judge, jnry, solicitor-general and prosecutor. Granted December 3, 1886.
Charley \Villiams and Alex Jones-Convicted of burglary. :Jfay, 1894, Screven Superior Court. Sentence, se.-en years. K ew evidence proves them not guilty. Granted December 5, 1896.
John Coleman-Convicted of burglary. October, 1882, Emanuel Superior Court. Sentence, ten years. A great deal of doubt about his guilt. Recommended by judge, solicitor-general, county officers. and citizens. Granted December 10, 1896.
Ernest Kabbe-ConYicted of burglary. Spring term, 1895, Chatham Superior Court. Sentence, two years. Only fourteen years of age at time of conviction. X ow shows marked evidences of reform. Pardon granted December 15, 1896.
John Fox-Convicted of assault to murder. Superior Court of Oglethorpe. Sentence, eight years. Only eleven years of age when convicted and has sened si..~ years. Granted December 15, 1896.
Jim Dean-Convicted of burglary. Spring term, 1893, Superior Court of Bibb county. Sentence, eight years. Only twelve years of age when convicted. Good conduct. Granted December 15, 1896.

WEDNESDAY, OCTOBER 27, 1897.

69

Gus Dixon-Convicted of injnring a railroad switcl1. Fall term, 189-, \Vashington Superior Court. Sentence, four years. Only eleven years old when convicted. Good conduct. Granted December 15, 1896.

J olm Ford-Convicted of voluntary manslaughter. Spring term, 1894, Lowndes Superior Court. Sentence, three ~ears. Conduct good. Term expires on 5th J anuary, lSD7. Released in timeto spend Christmas at home. Granted December 15, 1896.

\\Tm. Cunningham-Convicted of assault to murder. Spring term, 1888, Chatham Superior Court. Sentence, ten years. Term expires January 1, 1897. Released in time to spend Christmas at home. Granted December 15. 189G.

Bob Gibbs-Convicted of assault to murder. Fall term, 1892, ::\Icintosh Superior Court. Sentence, five years. Good conduct. Term expires January 8, 1897. Released in time to spend Christmas at home. Granted De-cember 15, 1896.

Ed Johnson-Convicted of shooting at another. Fall term, 1S93, DeKalb Superior Court. Sentence four years. Good conduct. Term expires January 12, 1897. Released in time to spend Christmas at home. Granted December 15, 1896.
Hiram Sterling-Convicted of assault to murder. Spring te!l'm, 1889, Ch:atham Superi.or Court. Sentence, ten years. Good conduct. Term expires 1st day of January, 1897. Released in time to spend Christmas at home. Granted December 15, 1896.

70

JOURNAL OF THE SENATE.

Island McDowell-Convicted of assault to murder. Fall term, 1893, :Montgomery Superior Court. Sentence, four years. Good conduct. Term expires January 12, 1897. Released in time to spend Christmas at home. Granted December 15, 1896.
John Roebuck-Convicted of assault to murder. Spring term, 1895, Elbert Superior Court. Sentence, two years. Good conduct. Term expires January 22, 1897. Released in time to spend Christmas at home. Granted December 15, 1896.
Ring Betha-Convicted of simple larceny. :Jiarch term, 1895, \Vashington Superior Court. Sentence, three years. At trial turned State's evidence. Recommended by judge and solicitor-general. Granted December 15, 1896.
Charlie \Vheeler-ConYicted of a felony. Cobb Superior Court, July, 1895. Had his leg seYerely crushed while felling a tree. Recommended by the judge. Granted December 15, 1896.
Jessie Giles-Burglary. April term, 1894. Stewart Superior Court. Recommended by trial jury, citizens, senator, representatiYe. Granted December 17, 1896.
Houston Sirmans-Burglary. Brooks Superior Court. Sentence, twenty years. Recommended by juclge and urged by general committee on Penitentiary. Granted December 17, 1896.
Harry \Vashington-Robbery. April term, 1894, Carroll Superior Court. Sentence five years. Evidence circumstantial. Guilt not at all satisfactory. Recommended by foreman of grand jury, judge and solicitor-general. Granted December 22, 1896.

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71

Ella Fasen-1\furder. November teTm, 1890, Ucintosh Superior Court. Sentence, life. Asked for by senator, representative, members of penitentiary committee, several hundred citizens, by every county officer, grand jury and trial jury. Granted December 21, 1896.

Ernest Smith-Turning a switch. Superior Court of DeKalb. Re~ommended by jury. Health very bad. Asked for by judge and solicitor-general. Granted December 22, 1896.

Tom Pitman-Horse stealing. ){arch term, 1895, Butts Superior Court. Strong evidence of an alibi. Urged by judge. Granted December 23, 1896.

Lewis Dooly and John \Yatkins-Burglary. September, 1895, Pickens Superior Court. :Former sentenced for eight years, the latter, five years. Recommended by seYeral hundred citizens, by senator from 41st, the representatiYe from Pickens, the judge and solicitor-general. Granted February 3, 1897.

Churchman Jones-Assault to murder. Superior Court of Elbert. Sentence, ten years. Crime not exaggerated one. Recommended by judge, solicitor-general, the prose<:utor and grand jury. Granted February 4, 1897.

Charles Harris-Assault to !furder. June, 1895, Fulton Superior Court. Sentence, two years. Asked for by solicitor-general and many citizens on ground that he has been sufficiently punished. Granted February 18, 1897.

Albert Strickland-Assault to murder. Spring term:. 1894, Fulton Superior Court. Sentence, five years. Shooting seems to have boon accidental. Prosecution and

72

JOURNAL OF THE SENATE.

solicitor-general ask for pardon. Granted February 26, 1897.
Owen Tyus-1\Ianslaughter. January, 1894, Cobb Superior Court. Sentence, fiye years. Already served three years. Killing t.o certain extent justifiable. The judge, the county officers, the mayor of :\Iarietta and city officers representative from Cobb county and many citizens ask for pardon. Granted April 8, 1897.
Lee :lloncrief-Burglary. September, 1895, Coweta Superior Court. Sentence, two years. EYidence not nry strong. On appeal chief justice dissented from affirmance -of decision of lower court. The judge, the jury, county officers and number of citizens ask for pardon. Granted April 16, 1897.
George Blair-Burglary. N OYember, 1895, l\Iuscogee Superior Court. Sentence, three years. :\Iain "itne::;s for State now makes affidavit that Blair had nothing to do wit~1 crime. Recommended by judge. Granted J nne 15, 1897.

J. E. Clark-Embezzlement. Schley Superior Court. Sentence, three and one-half years. Asked for by grand jury, solicitor-general and many citizens. Sentence will expire in a few days. Granted June 16, 1897.
William Barrett-Assault to murder. Fall term, 1894:, Whitfield. Superior Court. Sentence, eight years. Assaulted party thinks he was mistaken as to identity of Barrett. Recommended by judge, county officers and prosecutor. Granted June 24, 1897.

Bob Dixon-Breaking in a car. January, 1895, Cobb Superior Court. Sen~tence, four years. Recommended

WEDNESDAY, OCTOBER 27, 1897.

73

by judge. Sentence commuted to two years and seven months. June 30, 1897.
John Foster-~Inrder. Superior Court of Screven Count~ Sentence, life. Old man, between sixty and sewnty years of age. Judge urges that the pardon be gran te(l. Previous to conviction had good reputation. Has served eight years. Granted July 8, 1897.

Jep Brawner-Arson. April, 1893, Elbert Superior Court. Sentence, ten years. Evidence circumstantial. Asked for by judge, prosecutor, county officers and eleven memlH:rs of the jury. Grar.ted July 8, 1897.
Henry Dixon-::\Iurder. April, 189'7, Dougherty Superior Court. Sentence, life. Deceased of violent character. Threatened to kill Dixon. ]lad previous trouble with him. Strongly urged by judge. Granted September 2, 1897.

:Jiack Baker-Perjury. August, 1895, ::\Iilton Superior Court. Senence, four years. Asked for by judge, solicitor-general, grand jury and number of citizens. Granted September 2, 1897.

:Mike Freeman-Escape. Sentence, t>vo years. Has already served out original sentence. Suffering with dropsy of the bowels. Recommended by assistant keeper. Granted September 3, 1897.

Byron Dearing-Burglary. August, 1895, Superior Court of :Jieri\vether. Sentence, four years. Dearing -only sixteen years of age. Served two years. Asked for by judge and solicitor-general. Granted September 14, -_1897.

74

JOURNAL OF THE SENATE;

Harve Lackerley-Burglary. Pickens Superior Comt.. Asked for by judge, solicitor-general and many citizens. Granted September 15, 1897.

Josh Strickland-Burglary. September, 1895, Heard Superior C'Ourt. Sentence, three years. Evidence wholly circumstantial. Now app~rs to have only been accessory afterr- the fact. Asked for by judge, solicitor-general, jury and many citizens. September 18, 1897.

0. 0. Buice--Simple larceny. February, 1897, De Kalb Superior Court. Sentence, four years. Received serious personal injuries in the penitentiary causing curva ture of the spine. Recommended by judge. Granted: October 7, 1897.

Pardons granted by the Governor with the recommenda tion of the Joint Committee of the Senate and House o Representatives of the General Assembly, 1894-95.

FELONIES.
Lindsay and Ed Granger-Convicted of assault to murder. October term, 1894, Rockdale Superior Court. The prosecutor broke into a mill house of defendants and wasguilty of menaces toward them. Recommended by the solicitor-general, the grand jury, the trial jury and a large number of citizens. Pardon granted November 2, 1SDG.
Arthur Phelps-Convicted of burglary, January term, 1894, Baldwin Superior Court. Recommended by solicitor-general, the grand jury and many citizens. Granted: November 13, 1896.
Walter Sullivan-Convicted of simple larceny. :March1

WEDNESDAY, OCTOBER 27, 1897.

75

term, 1894, Hart Superior Court. Sentence, ten years. . Evidence against him insufficient. Asked for by judge, grand jury, trial jury. Granted November 19, 1896.

wm Ligon-Convicted o simple larceny. March term,

1894, Fayette Superior Court. Sentence, six years.

Recommend~d by judge, solicitor-general and prosecutor.

Granted November 24, 1896.

,

R. A. Ramsey-Convicted o murder. April, 1894,_ \Vhitfield Superior Court. Sentence, life. Y onng boy. Asked for by judge, solicitor-general, the grand jury, trial jury, county officials and hundreds of citi;;:.Qns. Granted_ December 10, 1896.

Sonny :Milner-Convicted o murder. Superior Court of Calhoun. Sentence, life. Evidence weak, circum!!tantial and insufficient. New evidence of an alibi. Recommended by judge, solicitor-general, grand jury and trial. jury. Granted December 10, 1896.

Freddie Moore--Convicted of manslaughter. April, 1894, Emanuel Superior Court.. Sentence, ten years. Grave doubt as to guilt and as to credibility of main witness for State. Recomended by judge, solicitor-general, prosecuting attorney, father of deceased and prosecutor, commissioners roads and revenues of Emanuel county, two grand juries, county officers. Granted December 12, 1896.

Henry Owens-ConYicted of burglary in several cases. Bibb Superior Court, 1884. Sentences aggregating, fortyone years. \\'hen convicted only fifteen years old. Served.
thirteen years. Grand jury recommends. Grant-ed De-
cember 12, 1896.

16

JouR~AL oF TITE SENATE.

Dennis Taylor-Convicted of murder. October term, 1889, Whitfield Superior Court. Sentence, life. Insane at time crime was committed. Since been in insane asylum. Asked for by widow of deceased, large number of relatives, judge and prosecuting attorney. Granted December 15, 1896.

Bud Heyward-Convicted of burglary. Richmond Superior Court. The main witness for State makes affidavit that he swore falsely. Recommended by judge and solicitor-general. Granted December 15, 1896.

Israel Russell-Convicted of assault to rape. Spring term, 1895, Clayton Superior Court. Sentence, ten years. Only fourteen when convicted. Grave doubt as to guilt~ Recommended by solicitor-general and citizens. Granted December 15, 1896.

Orange Bryant-Burglary. Superior Court Talbot County. Served five years. Good conduct. December 17, 1896.

Charleston Singleton-Forgery. Houston Superior Court. Sentence, three years. Small amount. Only sixteen years of age. Recommended by prosecutor and number of citizens. Granted December 17, 1896.

Sydney Lascelles-Forgery. Superior Court of Floyd County. Sentence, six years. Has only one year and four months t'O serve. Good conduct. Larger number of pe'Ople ask for it than for any other application ever presented. Urged by all camp officials, number of grand jury, eight of trial jury, prosecutor, solicitor-general, Joint Committee -of House and Senate, Subcommittee of Penitentiary, Committee of General Assembly of 1894-95, Subcommittees from the Penitentiary Committee of General Assembly

WEDXESDAY, OCTOBER 27, 1897.

77"

1896-97, endor:"ed by State Senate and Honse of Representatives. Granted December 26, 1896.

Harry Hill-Forgery. February term, 1803, Fulton Superior Court. Sentence, fiye years. .A.sked for by jury, most of the officers of the court, large number of citizens from various portions of th State, subcommitte of Senate of 18%, subcommittee of Honse, 1805, by nearly every member of General Assembly, 1804:-95, camp officials, seYeral grand juries, ministers of the gospel, several judges of Superior Courts, joint committee of House and Senate principal physician of penitentiary, on account of ill health, solicitor-general, almost entire House and Senate, 1896, subcommittees from penitentiary committee of House and Senate, 1896-97, State Senate and House of Representatives, 1896-97. Granted December 26, 1896.

Tom Farm.er-Voluntary manslaughter. February,. 1893, Jackson Superior Court. Sentence, twenty years. Insult to himself and wife cause of homicide. :i\Iitigating circumstances. Lost a leg since confinement in penitentiary. Good conduct. Granted April 15, 1897.

\Y. J. Bush-Voluntary manslaughter. September, 1894, \Yashington Superior Court. Sentence, eight years. The man killed had attempted to kill Bush and shot his wife instead, some time before the homicide. Asked for by solicitor-general, jury and many citizens. Granted April 16, 1897.
\V. J. Thomas-VoluniJary manslaughter. !fay, 1894, Decatur Superior Court. Sentence, fifteen years. Peculiarly strong proYocation for killing. Ordered off his father's place, and force used to carry out order. Asked for by jury and five hundred citizens of county. Granted J\fay 15, 1897.

"78

JOURNAL OF THE SENATE.

1\fiSDEl\fEANORS.
Lewis :Mays-Convicted selling liquor without license in three cases. Sentence, twelve months in each case. May term, 1895, Henry County Court. Already served .eighteen months. Recommended by judge and many citizens. Granted November 16, 1896.
Shelton Dampie.t>-Convicted for four misdemeanors. December term, 1894, City Court of Lowndes Oounty. Served two years of aggregate sentences. Recommended zens. Granted November 16, 1896.
Joe Biggs-Convicted illegal sale of whiskey, County Court of 'Valton Oounty. Had already served twelve months. Over sixty years of age. Recommended by solicitor, number of county officers and many citizens. Par.don granted November 18, 1896.
W. W. Cain-Convicted of canying eoncealed weapons and pointing a pistol at another. October, 1896, Houston .Superior Court. Identity Yery doubtful. Recommended by judge. Granted December 5, 1896.

Ira :Manly-Convicted of selling whiskey without license. June, 1896, City Court of Spalding. Sentence, twelve months. Family in very destitute circumstances. Recommended by judge and solicitor-general. Granted December 10, 1896.
Ben R. Ogles-Two cases selling liquor without license. .January term, 1896, Cob Superior Court. Both sentence3 aggregating two years. Seriously sick with fever. Recommended by judge and many citizens. Granted Decem.ber 16, 1896.

WEDNESDAY, OCTOBER 27, 1897.

79

Wyatt McEllroy-Selling liquor without license. Juno term, 1896, City Court of Spalding. Sentence, twelve months. Only sold half pint. Over seventy years old, ruptured and very feeble. Granted December 18, 1896.

Anna Johnson-Vagrancy. City Oourt of Savannah. :Sentence, twelve months. Recommended by judge and solicitor-general. Granted December 21, 1896.

Bob Colbert-Larceny from the house. June term, 1896, Criminal Court of Atlanta. Sentence, nine months. ProYen innocent. Pardoned December 22, 1896.

Bonaparte Pendley-Selling liquor without license. DeKalb County. Sentence, eight months. .Asked for by ..a nu_mber of good citizens. Granted December 29, 1896.

John Malone-}:[isdemeanor. Walton County. Sentence, twelve months. Critical physical condition. Recommended by solicitor. Granted February 4, 1897.

Godfrey Turner-Assault and battery. December, 1896, City Oourt of Atlanta. Sentence, six months. At the point of death. Granted February 15, 1897.

James Lott-Carrying concealed weapons. Superior -court of )fuscogee. Sentence, twelve months. Precarious state of health. Recommended by judge and solicitor-general. Granted February 17, 1897.

Elias J\f. Cox-Selling liquor without license. Cobb County. Already served nearly twelve months. Pardoned February 19, 1897.

Grant Bird-Assault and battery. August, 1896, Catoosa Superior Court. Sentence, twelve months. Asked

80

JOURNAL OF THE SENATE.

fo:r: by judge, solicitor-general and all county omcers. Granted February 23, 1807.

Jolm Thomas-1lisdemeanor. KoYember, 18fl6, Cobb .Superior Court. Sentence, fiye months. Physical conclition precarious. Asked for by judge. Granted 1Iarch 1, 1SD7.

Ed Peck-Larceny from the house. July, 1SDG, Greene County Court. Sentence, twehe months. Leg broken. Quite young. Asked for by judge, solicitor and prosecutor. Granted l\Iarch 1, 1897.

Snowden Jones-Using obscene language. January, 1897, Paulding Superior Court. Sentenced to pay a fine of $150 and to be confined six months in common jail. He paid fine and has sened three months of six. Judge, solicitor-general and all county officers ask for pardon. Granted April 13, 1897.

Buster Tucker-Fornication. October, 1896, Houston Superior Court. Sentence, twelve months. Terribly treated by the guards of the chaingang. Asked for by solicitor-general. Granted May 11, 1897.

Lizzie Boatright.-Burglary. l\Iarch, 1897, 1IcDuffie Superior Court. Recommended to mercy and sentenced t:o six months. Inhumanely treated at chaingang. Pardoned for this reason l\Iay 11, 1897.

Dan \Yil1.-i.e-Larceny from the honse. September, 1896, Fulton Superior Court. Sentence, tw<"ln' months. Only twelve years of age. Reconunen(le1l by judge, solicitor-general, jury. Good behavior. Granted June 4,1897
..A. W. Wilson-Selling liquor and furnishing it to mi-

WED:YESDAY, OCTOBER 27, 1897.

81

nors. August, 1806, Paulding Superior Court. Sen-
tence, twelve months. In terrible state of health. Granted.
June 8, 1897.

James E. Cox-Burglary. April, 1895, Pickens Supe-
rior Court. Sentence, twelve months. Pleaded guilty and turned State's evidence. Requested by judge aml solicitor-general. Granted June 8, 1897.

Henry )fcOan,ts-Obtaining goods under false writings~two cases. November, 1896, :Uuscogee Superior
Court. Sentenc.e, t"elve months in each case. Recommended by judge and solicitor-general. Already s~rved twelve months. Commuted to fine of $75.00 for rest of
sentence July 1, 1897.

Charles :Jiurray-Larceny from the house. Criminal Court of Atlanta. Sentence, five months. Intoxicat-ed at time of offense. .1\..mount stolen very small Recommended by solicitor and prosecutor. Granted July 8, 1897.

Tom \Yilliams-Assanlt. and battery. County Court of Houston. Sentence, six months. Suffering with syphilis. Granted July 8, 1897.

:Mary Boyd-Two cases, larceny from the house. :Jiarch. 1896, City Court of Atlanta. Sentence, twelve months in each case. Suffering with consumpticm. Recommended by solicitor-general. Granted .July 14, 1897.

John Gray-Assault and battery. ~IarCJ11, 1897, Criminal Court of Atlanta. Sentence, nine months. Suffering with tuberculosis and Bright's disease. Granted August 7, 1897.
6s

JOURNAL OF THE SENATE.
James T. Benton-Pointing a gun at anothe;.. April, 1897, Oconee Oounty Court. Sentence, nine months. In jail six months before trial and already served out five months of his sentence. Recommended by judge, solici tor and jury. Granted September 7, 1897.
Hamlet Griffin-Four indictments, selling liquor with -out license. June, 1896, City Court of Laurens County. :Sentence, six months in ea,ch case. Aggregate sentence two years. Has served over a year. Asked for by solicitor, county commissioners and county officers. Granted :September 18, 1897.
CO:JIMUTATIONS
John Oallaway-Oonvicted of shooting d ano-ther. Superior Court of Fu1ton Oounty. Not bad oase. Previous good character. Recommended by solicitor-general. Sentence commuted to six ~onths, November 2, 1896.
Oharlie White-Oonvicted of simple lareeny. N'oYem ber term, 1896, Early Superior Court. Sentence, eight months. Offense not aggravated. Asked for by trial jury .and many citizens. Commuted t.o pay a fine of $50.00, December 15, 1896.
\'{arren Brinson-Murder. October term, 18!:16, Emanuel Superior Oourt. Sentence, de.ath. Killed a man ior illicit intercourse with his wife. Xew evidence. Recommended by judge, solicitor-general, grand jury and many ~itizens. Sentence commuted to life December 16, 1896.
Bob Giles, alias Jarrell-Burglary. Clarke Superior Court. Sentence three years. Subject to fits. :Mind weak. Recommended by 'trial jury, county officers. Sentence

WEDNESDAY, OcTOBER 27, 1897.

83

(!Ommuted t.o two years and four months, February 11, 1897.
Sam Grant-:llurder. May term, 1895, Sumter Superior Court. Sentence, dea:tih. Asked for by judge, solicitJor-general. Character of man killed very bad. Not known to the jury. Also asked for by hnndreds of cibi.zens. Character of main witness for the State bad. Sentenoo commuted to life imprisonment, February 27, 1_897.

W. R. Parsons-Larceny from the house. February, 1897, )lacon City Oourt. Sellltence, $100 or twelve months. Commuted bo payment of $80.00, May 5, 1897.
J. X. l\fathews-Fornioation and adultery. March, 1897, Crawford Superior Oou:rt. Sentence, .$400 fine or twelve months. Lost his office. Recommended by many -citizens and judge. Fine reduced to $250, June 7, 1897.

J\f. Lowry-MurdeT. December, 1896, Glynn Superior Court. Sentenoe, death. The principal evidence dying <leclarwtion of man killed. No founda:tion laid to prove it to be dying declaration. Deceased's reputation for veracity impeached. Evidence entirely circumsbarutial. Nothing positive. As1.."ed for by jury, solicitor-general, oounty -officers of Glynn, city officers of Brunswick, and by hun-dreds of citizens. Sentooce commuted to life imprisonment July 14, 1897.

Will )fcRay-Oarrying -concealed weapons. January, 1897, County Oom't of walton. &mtenoo, twelve months. Asked for by county officers and number of citizens. Sentence commuted to nine monuhs, September 10, 1897.

84

JOURNAL OF THE SENATE.

RESPITES.

Edmund Parks-Convicted of murder. Superior Court of Oolumbia Oounty. Sentence death. Newly discovered evidence. Respibed to December 11. 1896. Granted November 7, 1896.

Will Deas-Convicted of murder. J e:fferson Superior Oourt. Sentence, dea:th. Respite requested by judge, solicitor-general and number of good citizens. Respited until 29th day of January, 1897.

Gus Fambles-Convicted of murder. Superior Court of Twiggs County. Sentence, death. Respit~d until 29th day of January, 1897, pending hearing of 1frs. Nobles' case. Granted December 14, 1897.
Tom Delk-Murder. Superior Court of Pike. Sentence, death. Respited December 16, 1896, because he is main witness in defense of his father.

Sam Gran.t-:i\furder. SuperiOT Court of Sumter. Sentence, death. New evidence. Respited thirty days, December 31, 1897.

Tom Delk-:i\furder. Pike Superior Oourt. Sentence, death. Respited until February 26, 1897. Granted January 27, 1897.

Sam Gra:nt-Murder. Sumter Superior Court. Sentence, death. Respited until 12th day of February, 1897, Graruted January 27, 1897.
Will Deas-:\Iurder. Supe1ior Court of J cfferson County. Sentence, death. K ew evidence. Respited until 26th day of February, 1897. Grant.ed January 27, 1897.

WEDNESDAY, OCTOBER 27, 1897.

85

Gus Fambles-J\.furder. Twiggs Superior Court. Sentence, death. Respited until February 26, 1897. Granted January 27, 1897.
Sam Grant-~furder. Sumter Superior Oourt. Sentence, d0ath. Asked for by immense number of people. Respited until February 19, 1897. Granted February 12, 1897.
Sam Grant-Respited until March 5, 1897. Granted February 18, 1897.
Gus Fambles-Respited until April 2, 1897. Granted February 23, 1897.
Tom Delk-Respited until April 2, 1897. Granted February 23, 1897.
Gus Fambles--Respit0d until August 27, 1897. Granted April 27, 1897.
Tom Delk-Respibed until June 18, 1897. Grantfled April 2D, 1897.
Terrell Hudson. :Murder. February, 1897, Dekalb Superior Court. Sentence, deauh. l\faterial matters 'bo investigate. Respited until June 25, 1897. Granted June 11, 1897.
]\,f. Lom',Y-~lnrder. Glynn Superior Court. Sentence, deat1h. New evidence. Hespited until July 16, 1897. Granted June 17, 1897.
H. S. Perry-:Murder. Superior Court of Dekalb County. Sentence, death. Time to consider other matters submitted. Respited until September 8, 1897. Granted August 17, 1897.

86

JOURNAL OF THE SENATE.

Gus Fambles-Respited until November 19, 1897.
Grady Reynolds-Murder. Superior Court of Jackson. Sentence, death. Respited until October 22, 1897, so he could be used as a witness in the trial of Bud Brooks, in case the Supreme Court granted a new trial Granted Septembr 24, 1897.
Grady Reynalds-Respited until December 3, 1897, for cihe i'ame reason as formerly. Granted October 13, 1897.

CITIZENSHIP RESTORED.
J. L. Hammond-Convicted of forgery, Superior Court of Jackson County, 1884. Served out his term. Reo quested by county officers. Citizenship restored X ovember 16, 1896.
S. T. }.fize-Cornvicted of larceny fr~m the house. Served out sentence. Since that time, as attested h.'- county officers, has been good citizen. Citizenship restored November 24, 1896.
John ::'IIeeks-Cornvicted of simple larceny. June term, 1883, Macon Superior Court. Sentence, five months. Suffered pernalty.. Good citizen since. Citizenship restored December 3, 1896.
Thomas Golden--Convicted o~ larceny from the house. June, 1888, Cha:tham County. Served out sentnce and has been a good citizen since. Granted December 12, 1896.
Jack Fletcher~Simple larceny. April term, 1893, Telfair Superi<r C()lllrt. Sentenced to pay a fine. Fine paid. Has been upright since. Granted December 15, 1896.

\VED.NESDAY, OcTOBER 27, 1897.

87

Abe Brown-Larceny from the h'Ouse. April, 1896r Th'omas County Court. 'Dhe fine was paid. Since that time been good citizen. Recommended by county officeTS. C-hanted Februa.Ty 3, 1897.

Peter Burge-Larceny from house. July, 1878, Bartow Superior Court. Sentence, twelve months. Served out sentence. Honest and upright since. Asked for by county officeTS. Granted February 9, 1897.

Lewis Lynch-Larceny. Lowndes City Court.. Fine was paid. Good citizen since. Asked for by county offi cers. Granted Uarch 27, 1897.
Herbert Gilbert-Larceny from tth'e house. Dade Superior Court. Paid fine. Good citiz1Jl since. Asked for by county officers. Granted nfarch 27, 1897.
Dennis Bennett-Larceny from thl3 house. County Court of Terrell. Disch'arged his sentence. Good citizen smce. Asked for by solicitor and citizens. Granted April 2, 1897.
D. W. Price-Withholding public funds. Douglas Superior Court, 1885. Grand jury recommended that the matter be se'litled and it was settled as suggested. Disabilities removed SeptembeT 1, 1897.
Guilford Guilford-Simple larceny. l\fay, 1881, Upson Superior Court. Fine wa:s paid. Asked for by county officers. Granted September 11, 1897.

88

J OUR.NAJ, OF THE SENATE.

Jack GoldsmitJh-AccessOTy after the :f>aCJt of murder. April, 1890, Dekalb Superior Court. Sentence, five years. Served out sentence. Asked for by county officers. Disabilities removed October 6, 1897.

Joe Johnson-Burglary. Floyd Superior Court, 1885. Sentence, one year. Asked foT by count.y officers. Granted OCJtober 14, 1897.

RECAPITULATION.

Pardons granted.............................. 96 _Felonies (without recommendation j:oint committee).. 47 :Felonies (with recommendation joint oommittee. . . . . 19 Misdemeanors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Commutation of Sentences.. . . . . . . . . . . . . . . . . . . . . 8 Respites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Disabilities removed. . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Total granted ............................ 138

The :follow[ng message was received from the House through lLr. HaTdin, the Clerk thereof:
.Mr. PresiMnJt: The House ill'as concurred in the foUowiTig Senate resolu-
tion, to wit:
A resoluti.O'IJ. making the Finance Committee of the House and Senate a joinlt stJam.ding Finance Committee of -the General Assembly.
On mlolroO'Il of !fr. Battle, three hundred copies of the Governor's annual message were ordered to be printed full' the use of the Sena:te.
Tihe Sen'ate, on motion, adjourned until 10 o'clock a. m. to-morrow.

THURSDAY, OcTOBER 28, 1897.

89

Senate Ohamber, At}an1ta, Georgia, :Dhursday, Octdber 28, 1897, 10 O'clock A. M.

The Senate met pursuant to adj'ournment, 'the President in the chair.

Prayer by the Ohaplain.

On the eall of the roll the following Sen1ators answered -to their names:

Allen, Atkinson, Battle, Blalock, Brinson, Darter, Castleberry, Comas, Cook, Dunwody, Everett, Flewellen,

Flynt, Geiger, Golightly, Gray, Ham, Kemp, Kilpatrick, J\Iann, McFarland, Redwine, Starr, Stevens,

Stewart of the 27th, Stewart of the 34th, Strother, Thomas, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, Witcher, Mr. President.

Those absell!t were :Messrs.-

Brooke, Culver, Goldin,

Hopkins, Hudson, Sheffield,

Shropshire,
'Vii cox, Wooten.

,}.fr. Yan Buren, from I!Jhe Oommittee on Journals, reported the Journal corredt. It was then read and approved by the Senate.

Le;aye of absence was g1~anted to l\fr. Culver on account Of sickness.

'Dhe fullO'W'ing 'bills of the Senabe, adversely reported, were talren up, l'E'iad 't'he second time, and lost by oagreemen:t with the adverse reports, Ito wit:

90

JouR~AL oF THE SENATE.

A bill to regula!be umd authorize city municipalities to gra:nt the use of stree'ts to ~orpora:tions.

A hill1to require claimants of real estaJbe levied on under execution Qlr seized under 'Other legal process, to file with the c}aim affi:davit and damage bond an abstract of 1Jhe tit1e, eJtc.

The :following bill of 1Jhe Senate was withdral\vn, to wit:

A bill to amend seotion 2681 of tihe Code.

The fullowing bills of :tfue SeniB.te were read the sooond time rand passed to a third reading, to wit:

A bill to amend and alter the ;aots of 1889, page 58, section 2, trustees and officers Sta:te LunaJtic Asylum.

And a bill to prevent hunting with dogs, firearms, etc., in counties where stock-l-aw e:lo.-ists, when the same is orbidden.

Thte Sena1te took a recess until 11 o'clock, ancl at this hour was called t.o order by the President.

Tlhe :following bills were introduced, read it!he first time, and referred as respectively indie.at,ed, to ~t:

By )fr. Comas-

A bill i!o cJhange thte time of :holding t.he Superi01 Court of Appling oounty.

Referred 'to Committee on Corporations.

THURSDAY, OCTOBER 28, 1897.

91

By Mr. Re<Lwine--

A bill to .a;bol,ish the dty oourt of J1ackson, and a bill t!o establish the city court of J.e:fferron, in Jackson county.

Referred to General J l~dicilary Oommitbee.

By l\Ir. S!Jarr-

A bill 'to incorp<H1B:te the 1:1own of Fa<irmount, in Gordon county, and for other purposes.

Referred to Committee on Oo.rporialtions.

By ).fr. Turner-

A bill t!o provide :for the revival of oorporations, and for other purposes.

Referred to General J udidary Oommittee.

On motion, tthe :bill of J:lhe Sen'a!te to permit defen'<lBlllhs
in snit for r~a:lty to sell off claims fur improV'ements, etc.,
was 1-eeommitted to tlhe General Judiciary Oommittee.

The bill of the Honse to regul,a:te the benefits of all debenture benefit companies, etc., was rooomm1ttecl to tlhe Oommittee 'On Bank~.

The bill of !the Sen'ate to establish a Boord of Dental EX!aminers, ~tc., was tahm from the t.able and made the special order for Thursd!ay ne:x~t.

The bill of nhe Senate ll:.o punish 1Jhe orime of hog a:nd cattle ste.1ling was ttaken up on its third reading under favorable rep01t committee of the w:hole.

92

JOURNAL OF THE SENATE.

The report was ag1eed to, and tlhe bill being put to a vote of the Senate, was lost for want rof a cons'tituti:onal majori-
t;r, !there being ayes 15, nays 14.

:Mr. Gr-ay ga-re notice of a m~on to reconsider.

Tihe :following bills ware !Vaken 'Up fur a third reading and laid on tihe table, ito wit:

.A bill to amend tlb.e Ooostitution as to the e1ection of Judges of tJhe Superior Courts arn.d Solicitors-General.

A bill Ito -enlarge the powers of the Railroad Oommis-
Sloo .

.And a bill to authorize 'ilhe Sllalte Scllool Oommission'eT to grant permanent license to gradua:tes of the Normal Industrial Scihool at l\:[illedgeville.

The following bills of the Senate were taken from the table and >V'iltihdmWlll, '00 wit:

A bill to change 1!he time of holding the Super1or Court of Burke county.

.And a bill to quiet title of pen,"'ns in possession claiming
title by p:rescripttion oo ungran!Ved lands.

The Senate adjourn:ed, on mdtion, un:til11 o'clock a. m.
0
to-morrow.

FRIDAY, OcToBER 29, 1897.

93

Sen1ate Ohamber, .Atlanljja, Georgia, Friday, October 29th, 1897, 11 O'clock A. l\L

The Senate met pursuant to a:dj'ournment, 11Jhe PTesi:dent in the chair.

P1ayer was offered by the Chapla~n.

On the oall of the roll ijjhe following Sena:tors answm,ed to their names:

Battle, Blalock, Brinson, Brooke, Carter, Castle berry, Comas, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Kemp, Kilpatrick, Mann, J\JcFarland, Redwine, Starr, Stevens,

Stewart of the 27eh, Stewart of the 34th, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, westmoreland, "Wilcox, Witcher, Wooten, Mr. President.

Those absent Wffi'e :Jfessrs.-

Allen, Atkinson, Cook,

Hopkins, Hudson, Sheffield,

Shropshire, Strother,

}fr. Van Buren, Oha:irman of the Committee on Journals, reported the Journal correclt. It was then 1-ead and app1'oYed by the Senate.

:Jiessrs. wooten, Atkinson, and Walker of the Eig:hteentlh dist.rict, were graiJJted leave of absence. Also l\Ir. Brinson.

By resolution of }fr. Dunwody, the Hon. A. 0. Baoon a11d Ron. G. X. Griggs were invited .to seats in the Senrute.

94

JouRNAL OF THE SE;~~ATE.

'.Dhe bill of 1fue Sen!a1:te to ohlange the. punishment for the crime of ihog and catltle stealing w.as, on mdtion of Mr. Gray, reconsidrered.

''.Dhe bill of tthe Senate 'to authorize %he State Sdhool OommissioneT iJo gmnt permanent license to gradurutes of 1Jhe NOTlllal and Industrial Oollege at Milledgeville was withdrawn.

The Senate ll:ook up the report 'Of 1fu.e eommHtee of the whole on the :reconsidered bill of vhe Senate bo define and punish tlhe crime of stealing hogs, 0attle, a:nd olther domesti<J animals.

The same was w:nended by striking out lllll afrer fbhe word "section" in th.e last line of sootion 1, and inserting instead theret<Y.f "1039 of volume 3 of !the Oode of 1895."

The rej)'OO"'t W'.as agreed Ito.

The bill was rood the third time amd passed as amended by oonstituttional majority, 'liliere being ayes 31, nays 0.

T!he folowing bills weTe introduced, read the fir5t time, and referred -as indicated, to wilt:

By :Mr. Oomas-

A bill to pr<YV'ide for the filing, lh.earing, and determining of coll!tests in elections lheJid :for the remov:a1 of county sites in this State, and foil" otlher purposes.

Referred to Genwal Judiciary Oommitbee.

FRIDAY, O<:TOBER 29, 1897.

95

By )fr. wao'flen-

A l>ill to give misdemeanor .c:onvi.cts the right to make eorutracts for hl,bor.

Referred to General Judiciary Oommi'litee.

By )fr. \Vilcox-
A bill to establish a -city c-ourt :or Douglas, in Coffee county.

Refened tJo Geneml J udie.iary Oommirtitee.

The :following message WlaS received from 'the House through )fr. Hardin, the Clerk thereof:

Tl1e Hause has piassed by the requisite constitutional majority the _:following House bills, to wit:
A bill 'to amend an :act, to amend sootion 4446 of lffue
Oode of 1895, 'a-pproved December 11-tili., 1894.
Also, a bill -to provide for notice to the g1arnishee in any {){ !the courts of -tihis State.
Also, a bill to amend section 1110 of !Jhe Penal Oode of 1895, -to provid-e for oompensaition for Justices of the Peace.
Also, a bill to ame:nld secJti1on 1066 of the Penal Code of 1895 .
.Also, a bill to regulate the sale -of eommercital f-ertilizers in this State.

96

JOURNAL OF THE SENATE.

a Also, bill to provide fot 'the manner of proving the
:fact 'Of oonfinement in the penitenlti'ary 'Or chaingangs upon the trial of convicts for escape.

Also, a bill to PI'eVeont the hunting of opossums in this State hebween othe first day of MarcJh and 1Jhe first day o:f Ocltooor.

By Mr. Everett-
A resoluti'On inviting :\Irs. lfarie Louise 2\Iyrick to a sea:t in the Senate during her stay in the city was agreed to.

Mr .Stewart, of tlhe Twe~rty-Seventh district, offered a resolution to appoint a j'Oiinlt committee to visit and report in reg1ard bo the Sta:te N'Ormal 80hool at Athens.

The same was taken up and lost.

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

A hill to amend section 1110 of tlhe Penial Code of 1895.

Referred ~o Geneml J udidary Commit.tee.

A bill flo p1;ovi.dc for notice to the garnishee when in any of the courts of this Sta:te his answers have been trawr,;ed.

Referred to Genwal J udi<liary Oom:rnititee.

A bill to oamood a:n act to amend section 4446 of the Code of 1895.

Referred to the General J udiciary Committee.

FRIDAY, OcTonEn. 29, 1sn.

97

A bill to regulate the sale of commercial fertilizers in this State.

Referred to Committee on Agriculture.

A bill to amend section 1066 of the Penal Code of 1895.

Referred to the General J ndiciary Committee.

A bill to provide fm and prescribe the manner of proving the fact of confinement in the penitentiary and chaingangs of this State upon the trial of convicts for escape.

Referred to the General J ndieiary Committee.

A bill to regulate the hunting of opossums between certain dates.

RefmTed to the General Judiciary Committee.

And a bill to make Stafford's office calendar legal eVJdence, etc.

Referred to the General Judiciary Committee.

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

7s

98

JouttXAL oF TIJg S};XATE.

Senate Chamber, Atlanta, Georgia, Monday, Nm"elll'ber 1st, 1897, 10 O'clock A. }f.

Th(l Senate met pursuant to adjournment, and ""as ealled tCI order by the Hon. 'Villi-am Clifton, Secretary of the Sen1ate, in tlhe absenee of the P1'esident and Prh>.idC'nt pro tem.

Trhe Secretary read rule Xo. 7 of the Senate'. which requires him, in the abs>ence of the President and President pro 'WID. to cause an election by the Senate of an officC'r t.o preside until one of the absent officers sh'all return.

HaYing read the rule rcferr'Cd to, he declared t.hat nomina:tions for a presiding officer were in order, whereupon t:ho Hon. Charlton E. Battle was nominated -and unanimously elected President pro 't1-p., who -..vas conduced to the chair.

Prayer was offered by the Ohaplain.

On the call of the roll the following SC"llat.ors answered to :their names, to wit:

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

Geiger, Goldin, Golightly, Ham, Hopkins, "Hudson, Kemp, Kilpatrick, l\Iann, Redwine, Sheffield, Shropshire, Stevens,

Stewart of the 2ith, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th, Westmoreland, Wilcox, Witcher, \Vooten, 1\lr. President.

l\IoxnAY, NoYEMBER 1, 1897.

99

Those absent were 3fessrs.-

Brinson, Cook,

Gray, 1\icFarland,

Starr, Walker of the 40th.

The Journal was read and approYed.

)fr. Stcmut, of the T\\enty-Sevcnth district, moYed to l'econsider a resolution lost on F1iday last, "~hich provides fur the appointment of a joint committee to Yisit t:Jhe State X ormal School at ..:\.thens.

T1JC motion to rctonsirler preYailel, and tho rPSolnt.ion "a-s laid on tho table.

By resolution of :J[r. :Jfann, the pri\ileges of the floor were extended to :J[i:;sp..,; Daisy, Rosa, Lena, anll Hattie Lee, from S<'ren'n <"onnty, antl )Iiss Susan Slater, of Bnlloch c~unty. ..\Jso, to )Ir. J. H. J. }[cGee, of Tatnall.

On motion 'l~f )fr. C'om:1s, the bill of the Senate to prescribe rhe moth(}{];; of 1lC"tcrmining conte;t in el(>Ctions for remoral of county >'ites, "as \\ithdrawn from t!hc Gene>ral Judiciary Co'llnnittC<', re.ad the second time, nnd recommitvcd to said eomnrittce.

On motion of )[r. Dnnwody, the bill of the Senatc to quiet :titles to land in Camden county was with<hawn from tho General Judiciary Oommittoo, re'ad the second time, and roconnnittc<l to said committee.
''r ~Ir. odten, Ohairnmn of the Oommittee on Engl'OO&
ing, submitted the following rep01;t:

100

JOUHXAL OF TilE ::lE:\ATE.

ilfr. President:

The Commibtoe on Engrossing have had under consideration the following bill, which they direct me to report back as properly engrossed and ready to be trammittecl to the House, ilo wit:

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

Respectfully submitted.

JOILS A. "\YOOTEN, Chairman pro tom.

The following message was recein~d from the House through ~fr. Hmdin, the Clerk thereof:

.ilfr. Presid-ent:

The House 'has passed ~he following House hills by the requisite constitutional majority, to wit:

A bill to amend section 4118 -of the Code -of 1895, relatiYe to the time of filing suits in J ustioe Courts.

Also, a rbill to fix tl1e fees of constables for executing poSS<)ssory warrants and bail troYer eases.

Also, a hill to proYide a seal :for County BDmds of Education, and requiring all County S(hool Commis;;ioncrs to place same on all teachers' license.

Also, a bill to authorize the paynwnt of pensions to Confederate soldiers and wido\YS of Confederate sol(1iers \dJCn

:\IoxnAY, XoYE:\IBER 1, 1897.

101

the same are now residents of the State; provided that the service as such soldier was rendered as a member of a Georgia regiment, and the applioon:t is otilierwise enti~led und~ the various pensiO'Il laws.

Also, a hill to amend section 981 of the Code of 1895, volume 3, :for taking testimony in criminal crases, to p1ovide for filing records.

The following Senate bills referred to the General Judiciary Committee, were, on motion, withdrew from said committee, mad the second time, and recommitted, to wit:

A bill to amend, ch'a'llge and repeal section 4 of the ch'arter of the town of Unadilla, Dooly county.

A bill to amend tthe dhai'ter of the 'town of Unadilla.

And a bill of simil>ar title.

Mr. Allen, by permission, in'trdduced 'a bill to prohibit the playing of football in this State, whiC:h was read the first time and referred. to 'the General J udici.ary Committee.

The following 'bills of 'the House, adv>ersely reported, were taken up and lost by agreement wi:f:Jh such reports.

A bill requiring judges 'Of city ap:d county courts t.o write out aTid read bheir CJharges to juries.

A bill '!Jo amen'd the .registration laws.

A bill to set aside (half of ea~h Saturday ;as a legal holiday.

A bill to amend section 3462 of the Revised Code of 1882.

102

JoGHXAI. OF TilE SEXATE.

A bill to pay the County School Commissioners of 1Jhis State a fixed salary.

And 'a bill to pPovide for tlhe eleation of clerks by tl1e Board of County Commissioners, etc.

The follo,ving bills of 'the House were read the first time .and refen-ed as indi0ated, to wit:

A bill t'o fix the fees of constables for executing po.<Sessory warrants and hail trover.

Referred to the Genm"al Judiciary Committee.

A bill to amend se.c:tion 4..118 of the Code of 1895. Refe<ITE'd to the General Judiciary Commr~tce.

A bill to crC'atc a seal for County Boards of Education,. etc.

Referred to :nhe Committee on Education.

A bill ro amend section 981 of the Penal Code, etc.

Referred to the General J udicia.ry Committee.

A bill to grant pensions t.o cm'~t,ain Confederate soldier,; and widows, etc.

RefeiTecl to Oommittee 'On Pensions.

'.Dhe bill of tthe Senate to prevent 11fue hunt.inp: with dop:s rand :firearms 'On certain }ands 'where the st.ock-l:aw is in foree was read tJhe second 'time, -and reeommitted to the General
J ll'diciary ,Committee.

The bill of the Se11a1Je 'to proocribe tl1e time and place of

TUEl;DAY, XOVEliiBER 2, 1897.

103

filing o official bonds of county officers, which was adversely rep01ted, wa.s taken up and laid on t.he table.

Lean~ o absence was granted to President Berner and to )fessrs. Stewart o the Tthirty-Fourth, Goligh'tly and Flewellen.

The Sen:a'te lmxing disposed o all business on the desk of the Secretary, adjourned, on m'O'tioo, until 10 o'clock a. m. to-mor:tow.

Senate Chamber, Atlanlta, Georgia, Tuesday, Xo,embcn: 2d, 1897, 10 O'clock A.M.

'Dhe Senate met pursuant to adjournment, :and was 0alled to order by Sen:atto:r Gray, President pro 'tern.

Prayer was offered by .the Chaplain.

On the -call o the roll the following Sena:tors answered to 'their n<ames, to wit:

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

Flynt, Geiger, Goldin, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, Sheffield, Shropshire,

Starr, Stewart of the 27th, Strother, Thomson, Turner, Van Buren, Walker of the 40th, \V Pstmoreland, \Vilcox, Witcher, Wooten.

104

JOUI\:'\AI, IIF TUB ~EXATE.

Those absent were :Messrs.-

Everett, Flewellen, Goli!!htly,

McFarland, Redwine, Stevens,

Stewart of the 34th. Walker of the 18th, Mr. President.

The Journal was read and approved.

Upon motion of Senator Gray he was excused from the chair and Senator Battle was appoin:ted.

The following resolution was adopted:

Resolved, 1'hat the privileges of 'the floor be extended to Ron. G. A. N unwally during ihis stay in the city.

Senator Gray asked for leave of a:bsenee f.or a few days on importan1t business. Leave was granted.

Upon mo:tion of lfr. Bwttle, the following bill was put upon its passage:

A bHl by Mr. Brinson to pernrit defendants bona fide in possession of land under claim of title bo set off t:Jhe value of permanent improvements, and to recover value of same, and for O'tJher purposes.

The following amendment was adopted:

Amend by adding after tlhe word decke, in the sixteenth line of secrfJion 1 as follows: "In all cases in which suoh se~ff of improvements are sought in exoess of mesne profits the jury shall have the right to fix the time from which mesne profits shall be allowed.

Upon motion of lfr. Brinson, the bill was placed upon the table until some future day.

TuESDAY, XovE:IfBER 2, 1897.

105

The following House bills were taken up and read first time, to wit:

A bill by :Mr. Turner of Heury, to require all accusations in the county courts to be signed by the county soHcitors, and for other purposes.

Referred to the General Judiciary Commibtee.

AL;o, a bill by }fr. Cameron, to pl'Oihihit 'bhe IJ;respassing -on public roads, and :Bor other purposes.

Refurred to the General Judiciary Commibtee.

Also, a bill by :::\fr. Freeman to provide for ordinary pro
Jwc vice in case disqualified ordinari8, and for other purposes.

Referred to the General Judiciary Committee.

Also, a bill by :Mr. Feldell.' t<> prohibit die excavtating, tearing up, destl'oying, and injuring maCiadamized roads in this State.

Referred to the General Judiciary Commi:tJtee.

Also, 'a bill by :::\fr. Hamby lbo pay jurors from the county treasury in actions in which the county is interested.

Referred to the General J ud:iciary Commietee.

Also, -a bill by lfr. Felder to more speedily determine lia beas empus cases.

Referred to the General Judiciary Committee.

106

Jot:R~AL OF THE SEXATE.

By unanimous conse!llt, tlhe following privileged resolution was ~dopted, by ~Ir. Geiger:

Resolved, T'hlat iJhc prh-ileges of the floor be extended to Hou. T. D. Rockwell and \\~imam Alpuson, of \Vmihi'I:Jgton, and Hon. Josioah Flebchcr, of Btit.ish Columbia, during uheir sbay in the city.

The following House resolution was read and adopted,
thanking tihe \\T. & A. R. R., the Pullman Sleeping Oar
Company, and 1t:he Exposition Company, and )faj. ::\(cCann :for oonrtesies shown 1tlhem during !:heir stay at t.he exposition.

By unanimons consent, the following hills were introduced and re~ad the first time:

A bill by ::\(r. Carter to amood section 863 of the Oode of 1895.

Referred to Special J ndi:ciary Oommrt.teP.

T'he fuUorwing message was recein~d frO'lll t.he Honse through l\fr. Hardin, the Clerk bhereof:

JJft. Pres-iden.t:

The House hias passed lthe following bills of the House by rthe requisite const:iltutional majority, to wit:

A bill to require all accn~at~ons in counity comts to be signed by the solicitor or prosecuting attorney.

Also, a bill to prohibit the :exelawllt.inp; or tearoing up
ma:eadamized or Oither roads in this State without autihority :from proper 0ounty offieers.

TuEsDAY, KovEMBER 2, 1897.

lOT

Also, a bill to provide for ordinary p1o hM vice.

Also, ta bill to prohibit tresp'assing on public roads in this State.

Also, a bill to more speedily determine 'habca.'$ corpus cases.

Also, a bill to pay jurors in actions in ""'hic;h 1the county i.; irrterested.

The Honse h1as also adopted rt'he ollowing regolntion, in -..vhich the cortcurrenC'e of ~he Senate is askrd, to wi:t.:

A resolution ti11'awking ttihe \\"estern and A:tlantic Railroad authorities and officers of the N:asln-illc Centennial for com'tesies extrndecl 'the General Assembly while in N as:hville OctJobcr 30th, 1897.

11Ir. Starr, Olmirman pro tern. of t.he General Judiciary Committec, submitted tihc following report:

Mr. President:

'.Dhe General Judiciary Committee have had under considera-tion 'tihe following Senate bill, which I am instructed to report back to tJhe Senate with the recommend~tion that t11C same do pass as 'amended, to wit:

A bill lf:o penni't defendants bona fide in possession o lands under claitiUs of title to set off the value of permanent improvements and !to record value of same.

Respectfully submitted.

0. N. STARR, Chairman pro tern..

108

,J.,t;t:XAL OF THE t'E:\ATE.

A.lw, a bill hy :Mr. Battle to regulate the granting of extraordinary reliefs in the courts of this Sbate.
Referred to the General Judiciary Committee.

Also, a bill regula-ting the administration of equitable relief in cases ""here such relief may be sought as against a oorporation at tJhe instance of shareholders or members thereof, and for ocher purposes.
Referred to General Judiciary Committee.
Also, a bill to amend section 2388 of the Ohril Code of 1895, and fo:r other purposes.

Upon motion of Sena1Jor Battle, the Senate took a recess for twenty minutes.

The Senate was called to order by Senator Gray, in the o'hair.

Upon motion of Senlator Battle, the Senate adjourned unitil to-morrow at 10 o'clock.

Sena!te Ohamber, Atlanta, Georgia, \Vednesday, November 3d, 1897, 10 O'cl-ock A. M.
The Sen\ate mat rpursu'an't to adjournment, with 1\fr. Berner in th~ chair.
On the call of the roll the following members answered to their names:

''rEDXEBDAY, NoYE)IBER :3, 1897.

109

Atkinson, Battle, Brinson, Brooke, Carter, Castleberry, Coma,, Cook, Culver, Dunwody, Flewellen, Flynt, Geiger,

Goldin, (ioli)!htly, Gay, Ham, H pkins, Hudson, KemP, Kilpatrick, 1\i nn, 1\lcFnrlnnd, Rdwine, Sheffield,

Shropshire, Btarr, ::lteYens, i"trother, Thomson, Turner, Van Buren, Walker of the 1Sth, Walker of the -lOth, "'itcher, Wooten, 1\lr. President.

Tho.;;e absent were ::\Iessrs.-

Allen, Blalock, Everett,

Ettwart of the 2ith, 'Vestmoreland, Stewart of the 3-lth, Wilcox.

ThC' ,Journal was rC'.ad and approYed. ::\Ir. Battle, Chairman of -the Committee on General Judiciary, submitted the follawing report:

lift-. PnJsiden t:

The General Judiciary Comm:i!ttee have had under considemtion the following bills of the Senate, whic1h they iustruct me to report back to tlhe Senate with the recommendation tha:t tllC same do pass, to wit:

A bill to change and repeal section 4 o! t11e chart('r of l'hc town of Unadilla, in Dooly coulllty, Ga., and for other
Plll'ftOSCS.

Also, a hill to JH'oYidc for the revivor of corpomt.ions, and for other purposes.

110

.JoUBXAL OF Till~ SEXATE.

Also, a bill to amend sectiQn 2388 of the Civil Code of 1895.

The committee have .also had under consideration tihe following House bills, whic'h I mn instructed to report back to tihe Senate witJh the re-commendation that the same do pass, to wit:

A bill to make StafFord's office calendar l<"gal evidence
conring all dates between the yem-a 1490 and :woo.

..:\.lso, a bill to prevent the hunting and catehing of opossums between the first day of :Jiarch and the first day of Oetober of {'lach year, and f'or other purposes.

Al>10, a hill to amend section 4118 vf the Code of Georgia of 1SV5.

The <Qmm~ttce have also had nuder ~~onsidcration the following Senate bills, whiC'h I am instructed to rrport back to tll( Scnate with bhe recomm('nda-tion that the i:lame do pas.-; as amended, t<1 wit:

A bill to amend the dimter of the town of Unacli11a, in the county of Dooly.

Also, a bill to amend the charter of the town of Unadilla, in the county of Dooly, and for other purposes.

Also, a bill to provide or tlhe filing, hearing m1d determining of contests in elections held for the rcmoYal of county si:tes in this State, and for obh'1. purposes.

The committee .have 'also iJTad under eonsidctation the following Senrute 'bills, which I ~am instructed to report

wEDNESDAY, NovE)IBER 3, 1897.

111

back to the Senate with the recommendation tihat the same be read tihe sccond 1time and recommitted to this committee, to wit:

;\_ bill to aboiish the city court of Jackson county, and for other purposes.
~Uso, a bill to establish tJhe city court of Jefferson, m Jackson connty, and for other purposes.

The cdmmittec han' 'also hall unu<'r consideration t:he following ScnntD hills, whieh I am instructed to report back to the IIon:=-c with thr' rr'conJmcndation bhat the same de. not pass, to wit:

..\_ bill to req nirt' orllinarit>:; to mune election HHUIUgcr.s aJ1(l clerks at the diffe.rcnt Yoting precincts of this State, anll for ot:hcr purposes.
Also, a bill to prm~eut t:hc hnnting with dogs, firearms and other implcnwnts in or throngh the lands where the stod~~law is of foree in this State.

~\Jso, a bill to proYicle for the reorganization of rhe Board of Trustees of t.lw l:"niYcrsity of Georgia, and for other purposes.

.Also, a bill to gi\'e misclemcm10r eonYicts the rigiht to make contracts of labor, and for other purposes.

I'he committee haYe also haJ under consideration the following Honse bills, which I am instructed to report back to the Senate with t'he rec-ommendation that the same <P:lo not pass, to wit:

112

Jut;H:'iAL OJ<' TilE :'E:\:\Ti..

A bill to provide for notice to the garnishee when in any of the courts of this State when his answer has been traversed.

Also, a bill to amend section 1110 of the Penal Code of 1895, and for other purposes.

Also, a bill to prescribe the manner of proYing the fact of confinement in the penitentiary and chaingangs of this State, and for other purposes.

Also, a bill to :amend section 981 of the Code of 1895, volume 3, so as to provide for taking down testimony in any criminal case.

Also, a bill to fix the fees of constables for executing possessory w~rrauts and bail trover cases, and for other purposes.

Respectfully submitted.

C. E. B~~~.TTLE, Chairman.

::\Ir. Sluopshire, Chairman of the Special Judiciary Committee, submitted the following report:

Mr. President:

The Special Judiciary Committee have had under <:onside1'ation the following Senate bill, wlhich I am instructed to rcport back to the Senate wit:h the recommendation tl1at the same do pass as amended, to wit:

A hill to be Clltitled as act to quiet the title of lands in Gamd<:>n county, -and prodde for the gTanting of the same,

WEDNESDAY, NOVEMBER 3, 1897.

113

and prescribe the mode o prooeedure by w'hioo the same may be granted, and :for Olther purposes.

Respedtfully submitted.
WESLEY SHROPSHffiE, Ohairman.
The following oommunioo:ti:on was receive'd from his Excellency, the Governor, through 1h1s Soo.retaxy, Mr. Warren, to wit:
Mr. President:
I am directed by the Governor bo deliver to the Sen\llite a sealed communication, to which he respectfully invites the considel'a1tion of your ihonora!ble hody in executive session.
By direction 1() Mr. President, the following letter was read:

Woodbury, Georgi-a, November 1st, 1897.

To tlte President of the Senate, Atlanta, Ga.:

Mr. President:-! haV'e the h'Onor of being requested by 1lhe members of ilhe La!Granlge District Conference I(){ tfu.e Methodist Episo01pal Ohweih South, in session July 3d, 1897, wt Hogansville, Ga., to send resolution on the temperance quesbi'on passed unanli.mously by 1:lhat body.

Resolved, 'Dhat to an alarming exben.'t we believe t'h,at the church is responsibl~ fur the open barrooms in our distri-ct \B.Ild Bta;te. This we consider a shame and disgraoe on our Christian civilization. W.e h:eantily endm-se the anti...ibar-
Ss

114

JouRNAL oF THE SENA'rE.

room bill now pending befo!le the Legislabure, aurd we 'hereby earnestly urge t.lh.at 'body to h'aVle the same enacted into law. '.Dh1s rwe trust you will ihave rerad in the Senate.

Yours :f:aiijjhfully,

ARTHURS. HARRIS,

Secrella:ry La!Grange Distriot.

'llhe :ollowting oommunication "'18S rooeived :from his Excellency, '1:/he Gwernor, through J\fr. Warren, his Secretary, to wit:

Mr. Presidenrt:

I am dirooteid by 1ih.e ffi>VTernor to deliwr to the Senate a seaJ.ed commun!i.ootion, ro which !he invites 1tJhe consideration of your honol"aJble body in executive session.

'!'he fullOIWi.ng message was received :rom the House through :Mir. Hardin, 'bh.e Clerk thereof:

}fr. Preaident:

The House :hl'lS passed the following IfO'Use bills by the requisite constitutional majo'l"ity, 1Jo. wit:

A bill prolhibiting arresting officers advising or procuring dismissals O!I' seVtlementt of criminal oases.

Also, a bill to make 'bhe counJty oouvt of Htan.cook county a court ill .record, and maldng 'llhe clark of 'the Superior Oourt clerk of tlhle oounty court.

A bill 'to reV'ise and consolidate the laJws govel'lring the inspoo'bihn and sale of fertilizers in thJ.s Swte.'

WEDNESDAY, NOVEMBER 3, 1897.

115

The House has oalso a'dopted the following joint resolutions, in which rtlhe concul'l.'en:oo of the Sen.a:lle is aslred, to wit:

A resoluticm 1ftmt Dr. Wl!l!.l"rell A. Candler be requ:ested to :address !tlb.e Genlffi'\al Assembly on 1ih.e subject of education on Tuesday n~ght, November 9tJh.

~lso, a resolution a'Ppropriating eight hundred dollars f-or the republication !Qof 'lfu.e 84>tJh, 85th, 86t!h, and 87-tJh Georgia Reports.

Also, a resolution! to refund to G. "\V. Ohamblee on:e huontdred dollaxs overpa:id "baxes far 1894.

Also, a :resoluitiOn providing for 'lihe election of United S-tates Sena'bors by 1fue people.

'.Dhe special order wras taken up, which IW'as a bill by Yr. Turner 'to pro;hlobit tlhe manufacture and sale of spirits in this State.

Upon mdtiocm of :Mr. Kilpatrick tlhe :follO'Wing a:m:endme1lhs were offered to the lbiH undrer discussion: Amend the caption lby striking from otfu.e same the words "for hever_age purposes, and 1io provide for i'IB manufacture anld sale f-or O'tfuer purpoB'es." The amendment was agreed t-o.

Upon motion of Mr. B~ttle, the Senla!be went into e_.'{ooutive session at 12:30 o'dook.

Upon mobion -of Mr. Battle, the foHowinog bill was read the first time, ito wit:

A bill to repsal section 1010 of the Ood<e '0' lflh'e S!1a:be, approved Dooember 15tfu, 1895.

116

JOURNAL OF THE SENATE.

Referred to General J udic~ary Committee.

Also, a bill to amend secbi!on 974 of 1Jhe Oode o 1895.

Referred to General J udiciary Committee.

Also, a bill to make crimin1al pleadings amendable m this State.

Red:erred to General J udiciary Committee.

Upon motion of Mr. Comas, the :following bill was taken up and put upon its passage, to wit:

A bill to provilde :for 'tJhe filing, hearing and determining of contests in elections ,h,eld for removal o county sites, and for otlher purposes.

Report of committee 'agreed to, and bill passed; ayes 32, nays 0.

Leave o a:bsence was g,TaDJbed to ]\.{r. Stewart o the Tweruty-Sevenilh, for to-d.ay, on important business.

Upon motron o Mr. Gray the Senate adjourned until to-morrow at 10 o'clock.

THuRSDAY, Nov~rnER 4, 1897.

117

Semi:te Oham1ber, Atlanta, Georgia, Tlhursday, November 4tfu, 10 O'clock A. M.

T-he Senate me't pursu:ant to adjournment, and was called to order by 'ffue PII"esident.

Prayer was offered by IJfue Clra!pl1ain.

Upon the call of the roll the following S.enato!l's answered to their nam:es, to wit:

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castle berry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, HudRon, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire, Starr,

!;tevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, Wilcox, Witcher, Wooten, Mr. President.

'I'he Journal of yesterday was read and approved.

Mr. Battle, Olrairman o th'e Generttl Judiciary Committee, submitted the following repont:

Mr. President:

The General J udici:ary Oommrbtee 1bave Jrad under consideration the roll'OWing Senate bill, wh~ch tihey instruct m:e to report lback to 'ffue Serra-te witth the ll"ecommeniclation that tihe same do pass, rto 'Wit:

118

JOURNAL OF THE SENATE.

A bill ifJo amend seccion 1039 of the Code of 1895, arnd for ~tiher purposes.
The oeo:rmnittee 'have .a.Jso ihad under conside~ation the fullowing Rouse bills, wlhieh rthey instruct me to report back to otili.e Sena!te wiiih 1:/he reoomm'endra'l:lion that tlhe same d:o pass, 'bo wit:
A bill to mor-e spoodlly determine habeas cmpus cases7
amd for otlh:er pul"poses.

Also, a bill to pay juTOTS from <eounty treasmy in ac;tions irn whi(!Jh the oounty is d.nteresteld, 1and for ortiher purposes.

Also, a 'bill to prohibit the exmva'ting, tearing up, destroying 0'1" injuring paved, macadamized or ot'her publiC' roads in thls 8tate.
'Dhe comm]ttee fhave also !JJ.lad under conside1~atiQIU the following 8'enlllbe bill, which I am instructed to repo11t back wilJh tlhe r81CO!!Ilmeruda:tion tfuat t:he same do pass as amendedt to wit:

A bill to am'Emd paragraph 2 of section 2 of article 7 of the Constitllltion.

Th:e committee ib.1ave !also lh!ad under oonsideration the
rollowing House bill, whidb. I :am instructed to rerport back
to the Senate witlh iJhe ;recommendatiorn thrut the same do pass by sufbstiturfJe, to IWi.t:

A bill rto amend seCJtion 4446 of 1Jhe Code of 1895.
Tih.e cQillmittre ;bfave also ib.ad under oonsideration the
:f.oUawmg Senate lbills, whioh I am instructed to report

THURSDAY, NOVEMBER 4, 1897.

119

back to ilthe Sen:ate with 'lfhe recommendati'()n 'thlat 1ili.e sam be read seoond :time !all1d recommiltted to '!Jhis committee, to wit:

A bill ll'legul'a:ting tflhe admin~stration oo equitable relief in oases where such relief may be soogM, a:nkl. fur other purposes.

Also, a bill to regula!te bhe grant o exbvaordinary equi-
table reli-ef in OOUI'ts oi ;thds SIJalte.

Aloo, a bill to repeal section 1010 o 1fue Code of iJhis Sta;te, approved Decembm 15th, 1895.

Also, a bill to amend section 974 o the new Code, approved Doo001ber 15th, 1895.

Also, ~ bill to make crimin'al pleadings 'll:mendoablre m this 8-taite.

The. Commilbree 1h1a'Ve also 1ha.d under eonmd'eTa!tion the :6oUorwing House bill, whic!h I am instructed to report back t<> the Sen1ate with 1tlhe reoonunenda'tiQI11. thret the same don:ot p&"'S, to wit:

A hill to prolhibit trespassing on pnblic .rO'ads in this State,. ~md for ot:her~. purposes.

Respe<c1tful1y submitted.

C. E. BATTLE, Cha:irman.

Mr. Starr, Ohlairman pro tern. of tJb:e Committ-ee on Engrossing, submitted the following report:

120

JOURNAL OF THE SENATE.

Mr. Presiilmvt:

The E11oo-rossing Oommittee !have e:x,amined and :find properly engrossoo and ready to be transmitted to the House the following bill, tbo wit:
A bill to be entitled an act to provide fur the :filing, hearing and :d~rrnining of c<>ntests in eledtions held for the remoV!al of oounty sites in ~ State, and for oO'ther purposes.

Respectfully submit:ted.

0. N. STARR, Ohairman pro tern.
Mr. Golightly, Oh'lrirman of 'lhe Committee on Corporatrans, sub'mitted the roU.owing report:

Mr. Pre8idemt:
'Dhe OommittJee 'O'D. Oorpo:rations 1haV1e lha:d under consideration the following Sen-rute bills, which they direc't me to report back with the rooomme~da1Ji.on that the same be read the seoon'd time and referred hack 1Jo said committee:
Senate bill No. '78, by Mr. Comas of Third, to c:hamge the time of holding tihe Supari:or Cour~ ,ex Appling county.

Also, t.ihe following Senate bill, whioh iffu.ey direct me to report back with the recommendation iflhat f!h.e same do pass 'aS amended:
Sena:be bill No. 82, iby Mr. Starr of the Forty-'Dhird, to

THURSDAY, NOVEMBJ<::R 4, 1897.

121

inco-rporate the 1:Jown of Foairmoun't, in Gordon oounty, 13.D.tl ;to prohlb~t the sale o intoxicating liquors th~rein.

Respectfully submitl;ed.

J. F. GOLIGHTLY, Ohairman.

MT. Starr, Oh'aiTIDtan of 'the Oommittee on Eduoa:ti'On,
:tmbmitbed the following report:

Mr. Pres-i.dmut:

'.Dhe Educ,a:bionru Oommittee has 'had unlder consideration 1:1he foUowing House ibill, whic:h I 'am instructed to repOO"t baek tJo the Sena:t:e wioh the recommendation :tihat 'the same -do pass, to wit:

A bill creaJting a seal for Oormty Boards of Education, and requiring 'tlhe Oounty Sdhool Oommissiooers to place ihe same on teachers' licenses.

Respootfully submitted.

0. N. STARR, Chairman.

The unfinished business o y;esberday was tJaken up, whic!h was a bill by MT. Tmn:er to p.r6hibit 'llhe sale of intoxica:ting liquors in this State.

Upon motiO'll of Mr. Kilpatrick, 1:1he rollmv'ing amendment was offered: By striking from third .and :fourth lines the words "exoopt in 1lhe maruner hereiwter provided," .and all o.f said sect~on foUO'Wing tfue words "packages" in lthe sixth line.

Upon t:he adopbion 'Of liliis aiD'endment Mr. Battle called

122

JOUilNAL OF THE SENATE.

fur tl!he ayes and nays, which call was sustained. 'l'he votewas as foll'Ows:

Those V'Oting in the affirmative were MSSrs.-

Atkinson, Brinson, Brooke, Everett, Flewellen, Flynt, Gray,

Kemp, Kilpatrick, McFarland, Starr, Stewart of the 34th, Thomson,

Turner, Walker of the 40th~ Westmoreland, Wilcox, Witcher, Wooten.

Those voting in the nega-tive were :Messrs.-

AlleJ?, Battle, Blalock, Carter, Castleberry, Comas, Cook, Culver,

Dunwody,
Gei~er,
Goldin, Golightly, Ham, Hopkins, Hudson, Mann,

Redwine, Sheffield, Shropshire, Stevens, Stewart of the 27th. Strother, Van Buren, Walker of the 18th.

~ot voting---

Mr. President.

Ayes 19. Nays 24.

The amendmE"'lt not having received the constitution-ar majority, was lost.

l''Pon moti~n of :lLr. Turner, 1:1he Journal of yesterday w1as corrected as to adoption of tihe amen'dmenot offered by Mr. Kilpatrick, whicl1 was declined nugatory.

Upon moticm of J\fT. Kilpatrick, the following amend-men:t was ofFered:

THURSDAY, NOVEllffiER 4, 1897.

123

By strilring out sections 2, 3, and 4 o tJhe bill.

Upon tJhis amendment Mr. Battle called for the ayes and nays, w'hic>h call was sustained. The vote was 'as :f)o.Uows:

'ThQE.c voting in the affirmative were :Messrs.-

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

Flynt, Geiger, Goldin, Golightly, Gray, Ham, Hudson, Kemp, Mann, McFarland, Redwine,

Shropshire, Starr, Stevens, Stewart of the 27th, Stewart of the R4th, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, wooten.

Those Yoting m tJhe negative were 1Iessrs.-

Brinson, Brooke, Culver, Hopkins,

Kilpatrick, Sheffield, Strother,

Thomson, Wilcox, Witcher.

Not Yotint->"'-
Mr. President.

.Ayes 33. Nays 10.

The amendment, :having- received a constitutional majority, was adopted.

Upon motion of 1fr. Kilpatrick, the 'tlhird amendmEmt was agreed to, which is to amend by striking from iJhe third line of section 6 the words "seoond offense" and inserting in lieu thereof the words "snbsequent violation."

UpO'Il. motiO'Il. of :Mr. Ki1patrick, amendment 4 was re'ad

"124

JOURNAL OF THE ::5EN:ATE.

..and ad~, wthieth is. to anmn:d iby striking secticm N'Os. .p, 6, 7, and 8, an:d inserting for same 2,. 3, 4, and 5.

Upon motiorn. of Mr. Turner, the following aniend'memt, which is t-o amend t'he C!aption by str~king from 1ili.e same -the words "fur beverage P11I'Poses" an:d ro provide for its :manufacture and sale for otfu.er purposes.

Upon 1:Jhe amendment, Mr. Battle called or the ayes :and nays, which oall was sustainM. Upon the call the following was ifue vote.

Those vOiting in the affirmative were Messrs.-

.Allen, Atkinson, Brinson, Brooke, <Carter, .Everett, Flewellen, .Flynt,

Gray, Kemp, Kilpatrick, McFarland, Starr, Stewart of the 34th, Strother,

Thomson, Turner, Walker of the 40th, \Vestmoreland, \Vilcox, Witcher, Wooten.

'l'hose voting in the negative were Messrs.-

Battle, Blalock, Castleberry, Comas, Cook, .Culver, Dunwody,

Geiger, Golightly, Ham, Hopkins, Hudson, Mann, Redwine,

Sheffi.eld, Shropshire, Stevens, Stewart of the 27th, Van Buren, Walker of the 18th.

Th'Ose n'<Yt V'Oting were Messrs.-

<Goldin,

Mr. President.

Ayes 22. Nays 20.

THuRSDAY, NOVEMBER 4, 1897.

12,5;.

The amendment, h~aving received a constitu'biQnal majoo-ity, was adopted.

Mr. Battle moved to indefinitely postpone tbhe "bill under
considera!tion.

Motion was withdrawn.

Upon motion of Mr. Turner, the bill under discussion, was carried over until tlo-morrow as unfinished business.

Upon motion orf Mr. Turner, tJhe following House resolu- tion was read and ~dopted:

Resolved, Tha;t Dr. Warren A. Candler be requested to address the General Assembly on ilhe subject Qf education, on Tuesday evening, November 9th.

Upon motion of :Mr. Redwine, the following bills were read second time and recommrvted to Gener.al Judiciary Committee:

.A bill to a!bolish 'the <City court of J:ackson county, and\ for otlh-er purposee.

.Also, a bill to esua:blish 1Jhe city oourt Qf J e:fferson, in
Jackson county.

(Jpon motion of Mr. Blalock, tbhe following 'bill was read: fi.Tst time, to wit:
A bill to authori~e municipal oorpo!I'a:tions to regulateStreet Railway Companies.

Referr-ed to Committee Qn Railroads.

126

JoUJt,NAL OF THE SENATE.

Upon motion of Mr. Wilcox, the following hill was read first time, to wit:

.A_ bill to aboliS'h lbh~ city oourt of Coffee CO'lmty.

Referred to Spooial Judiciary OOmmittee.

Tlhe ih.10ur of adjournment having arrived, Jthe Senate stood adjollTlled. U'lltil to-morrow a!t 10 o'dock.

&mate Olh.am'ber, Atlan'ba, Georgia, Friday, November 51lh, 10 O'clock A. M.

The Senate met pursuant to adjournment. :was called to o!l"der by the President.

Pray~r was offered by the Ohaplain.

Upon the call o the roll the following members answered to their names:

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

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, Wilcox, Witcher, Woot-en, Mr. President.

FRIDAY, NOVEMBER 5, 1897.

127

<Castleberry,

Geiger.

The J ourn'al Oif JSterday .w:as read and approved.

Upon unanimous consent, leave of absen-ce was granted Senat.or Geiger for a few days, on aoccount '0' illness of his .daughter.

Leave 'Of aibsence was also granted Seooroor Kilpatrick until Monday at 12 o'clock.

The unfin:i.sh0. businSS of yesterday was taken up which is a bill by )Ir. Turner to prohibit the sale of int.oxicating liquors in this State.

The qu'estion was upon agreeing to the report of the oommittoo, whicl1 was favorable to the passage '()f the bill.

Mr. Turner morved that furth:er consideration o the pending bm be pos'1Jponed until next Tuesday, which motion was l'ost.

:Mr. Battle called the previous question which call was sustained.

Upon moti:on Oif }fr. Atkinson, the ayes and nays were .called and tJhe vote was as follorws:

Th'oae wting in the affirmative were Messrs.-

Atkinson, Brinson, Erooke, Culver, Everett, Flewellt'n,

Flynt, Gray, Kemp, Kilpatrick, McFarland, Starr,

Stewart of the 34th, Thomson, Turner, Walker of the 40th, Witcher, Wooten.

128

JOURNAL OF THE SENATE.

Tlh'Ose voting in the negative were Messrs.-

Allen, Battle, Blalock, Carter, Comas, Cook, Dunwody, Goldin,

Golightly, Ham, Hopkins, Hudson, Mann, Redwine,
Sheffield, Shropshire,

Stevens, Stewart of the 21th, Strother, Van Buren, Walker of the 18th, Westmoreland, Wilcox .

Tho;;e not voting were :Messrs.-

Castleberry,

Geiger,

l\fr. President.

Ayes 18. Nays 23.

The report o the committee ll'Ot having received a me-jority was disagreed to.

l\{r. Tumer m~:~ved to postpone voting on the bill unJtil next Tuesday. The motion w.as lost.

Upon the passage o the bill JYir. Turner called or t.he ayes and nays which call w:as as :follows .

ThrJJ;e voting in the affirmative were Messrs.-

Atkinson, Brins<m, Brooke, Culver, Everett, Flewellen,

Flynt, Gray, Kemp, Kilpatrick, McFarland, Starr,

Stewart of the 34th, Thomson, Turner, Walker of the 40th, Witcher, Wooten.

Those 'noting in the negative were Messr~.-

Allen, Battle, Blalock, Carter,

Golightly, Ham, Hopkins, Hudson,

Stevens, Stewart of the 27th, Strother, Van Buren.

FRIDAY, NovEMBER 5, 1897.

129

Comas, Cook, Dunwody, GolJin,

l\1ann, Redwine, Sheffield, Sb ropshire,

Walker of the 18th, Westmoreland, Wilcox.

Those not voting were :Me._<;;;rs.-

Castleberry,

Geiger,

:\Ir. President.

Ayes 18. :1\ays 23.

The bill not haing receiYecl 1Jhe constitutional majority w.as lost.
The next special mder was a bill by :Hr. Gmy to pro.:hibit the sale and manufacture of spirits in this St:ate.
Upon mation of )Ir. Gray tlhis bill was ma:de special order for Tuesday, X ov. 16tJh, immedirutely after itJhe reading of -.the Journal.
Upon motion of )Ir. Turner the following resolution was read and adopted.

A resolution, inYiting Dr. G. A. Xunnally president of the Soutihe~11 Female College of LaGrange to address the General Assembly on Tnesd'ay, X.ov. 9th, upon the snbject .of education.

The following message ""as receinm :rom the House 1Jhroug1h )f.r. Hardin, the Clerk :thereof:

.Mr. President:

The House l1as passed, by the requisite comtitutio.nal _majority, the following bills, to wit:
9s

130

JouRNAL oF THE SENATE.

A bill to provide for the procurement 10f a completeroster by companies of all tfue troops furnished by uhe Stateduring t!he late civil war.

Also, a bill to amend section 1047 of tJhe penal Code providing fur t>he trial of conrvicts un'der sentence and who have
beo()me inSialle subsequent ro conviction, S() a.s to make t.he-
question of !insanity triiahle by Superior Court.

The House has also adopted tihe following joint resolution in which the concurrenoo of the Senate is asked, 1Jo wit:

A res()lution inviting Dr. G. A. Nunnally, President of th-e Southern Female College rut :LaGoo'nge, to addre.$the Gen-em.l Assembly on Tuesday evening, NoYember 9th.

Also, a resoluti'On. to authorize tfhe .Speaker of the House to .appoint a doorkeeper for the north side :Eor the remainderof the session.

Also, a r-esolution Directing the State Librl:!rian to deliver to :Miss C. C. Stiles in charge of the C'-.-oorg.ia room of Confederate Museum in Richmond, the last order of the Confederate Go--rernment.

Also, a reso:tution appointing a committee of two from the House and one from 1.1he Senrute to ascertalin. the status. of 11he Supreme Oourt of Georgia prior to Yolume sixtysix (66).

The committee on part of the House are 1\Iessrs. Fogarty,. of Richmond, and Boi~euillet, of Bibb.

FRIDAY, NOVEMBER 5, 1897.

131

Upon unammous oonsent, the following Senate bills wecre read first time:

By Mr. Turner of 371Jh-

A bill to make the we:al'ling or displaying about the person of badges adapted by order or organization as insignia a misdemeanor.

Also, a bill to prohibit the sJhooting of turkeys or chickens or buying t!he privilege of doing the same, and for otlher purposes.

Upon unanimous oonsent, the foJlowri.ng bill was called up to be put upon i'ts passage:
m By Mr. Brinson 17th-

A bill to permit d:efoodants bona, fide in possession of lund;; under claim of title to ~ off 1fu.e value of :pern1anent improv'Illents oand to recover the V'alue 1of S'll:IIle in excess of mesne profits, and for 'O't'hecr purposes.

Leave of .abseiilce was graruted :Mr. Castleberry for a :few days on important business.

Leave of absenoe was also gral1l'ted Mr. Kemp for Saturday and Monday.

~fr. Battle moved ho adjourn until to-morrow at 10 o'clock.

Mr. Dunwody moved as ,a suibstitute that the Senate adjourn until lfonday a:t 10 o'clock.

132

JOURNAL OF THE SENATE.

Mr. Culver moved as substitute bo ~Ir. Dunwody's motion that the Senate ~adjourn until 1fonday at 12 o'clock; the longest time beirng votd upon first, and receiY1ng a majority, was earried.

The Sena:te stands adjourned until :Monday at 12 o'clock.

Senate Ohamb,r, Atlanta, Georgia, 1.11onday, N'ovembm Sbh, 12 O'clock ~L
Tlhe S8'IJ!ate met pursuant 'bo adjournmen't, and was called to order by the Prresident.
Prayer was offered by tJ1e Chaplain.
'Cpon momon of }fr. \Vooten, the !oll-call was dispensed w:iJth.
The Journal of Friday wlaS read and approved.
J\Ir. Turner moved to reconsider thte following bill which wlaS lost Friday for the purpose of wibhd:rmving it.
A bill to prohibit the sale and manufacture of intoxicating liquors in this State.
Upon the motion to reconsider, ~r. Ba:ttle called for the ayes and nays, whieh eall was sustained.
The Yote was as follows:
Tho.:.E- Yoting in the affirmative were :Me&3ro:.-

l\IONDAY, NovE~!BER 8, 1897.

133

Brinson, BrookP., Culver, Everett, Flewellen,

Hopkins, McFarland, Starr, Stewart of the 34th, Strother,

Turner, \Vestmoreland, Witcher, Wooten.

Tho~e Yoting in the negatin were 1\fessrs.-

Battle, Blalock, Carter, Comas,

Dunwody, Goldin, Golightly, Ham,

Mann, Redwine, Sheffield, Stewart of the 2ith.

Those not voting were :3Ies.sr>'.-

Allen, Atkinson, Castleberry, Cook, Flynt, Geiger,

Gray, Hudson, Kemp, Kilpatrick, Shropshire, Stevens,

Thomson, Van Buren, Walker of the 18th, Walker of the 40th, Wilcox, Mr. President.

Ayes 14. Nays 12.

The nmtion having received a maj-ority was carried.

Upon unanimous consent, the following bill was withdrown:

A bill by l\fr. Turner, to prohibit the sale of intoxicating spirits in this Sta,te.

'11he unfinished business of yesterday was taken up, wh.icth is a bill by ~fr. Brinson to pernlit defendants bona fide in po.sses.sion of land under claim of title to set off value permanent improvements, and fm otlher purposes.

Upon unamm'OUS consent the bill was tabled.

134

JoURNAL OF THE SENATE.

'.Dhe ollowing message was received from the House rtfurough Mr. Hardin, 'the Clerk thereof:

M1. Pte&iilenrt:

The Rouse has passed, by the reqnisibe constitutiorual majority, du~ follo-wing bills, to wit:

A bill to proVJide fur the lien of judgments.

Also, a bill to provide fo.r the confinning and Yalidating all bonds wthich may ihereater be issued f.or counties, municipalities Qr divisions.

Also, a bill to autfho:rize the Juclges of the Superior, Oounty and City Oourts of this State to issue attachments without requiring bond.

Also, a bill to repeal an act to amend the ch:arter of Hawkinsville.
Also, a bill oo amend the charter of the city of Hawkins-
Yille.

Also, a bi1l to authorize C'orpo11a.t.ions or indhriduals engaged in ooru;truction of operating plants for generating leotrieity, for furnishing lights to towns and cities.

Also, a bill to amend sect>ion 420 of the Criminal Oode of 1895.
Also, a bill to proh~bit ~l1e manufacture of inboxicating liquors except domStic wine in the county of Harris.

The House has also l:\_dopted the foUo'Wing resolutions, in which the concurrence is asked, .00 wit:

MoNDAY, NovEMBER 8, 1897.

135

A resolution to appoint a committee 1Jo visit the State Narmal School a't Auhens.

The conmrittee on i:lhe P"'rt of the House are 1fess:m, 'Thomas of Clarke, Ohaimnrun; Hogan, Kendrick, Cook o Deootur, Boyruton of Calhoun, FeldeT, Atkinson, )forgan, Bowden, \\"est, Berry, Copeland and Davison.

Also, a l"$olution imiting Ron. J. L. M. Curry to address the General Assembly on Xovember 16th.

Also, a resolution inYiting Ch1ancellor Boggs of the State 1!ni,rm-sity to address the General Assembly.

The following bills were read the first time, 1Jo wit:

By l\lr. }Jian, a bill to abolish tlhe charter of the town of -Lyons, in Ta'tnrall -county, rand to 'EG'l!a:blish a niew dhar1Jer, -and for othe:r purposet>.

R:eferred to Committee on Special Judiciary.

Also, a bill by 1Ir. Golightly to amend sub-section five of section 3355 of the Oode of 1895.

Refe-rred to General J udidary Oommittee.

Also, a bill by }Ir. 1Iann t:O authorize and require the -county authorities pf the '~arious counties of this State -to appoint a detective or suitarble pe11.-son whose duty it shall be to detect and obtain mridence sufficient to oonvict.

Referred to Oommittee on General J udic~ary.

.Also, a bill by Mr. Golightly to reguLate the publication

136

JOURNAL OF THE SENATE.

o verdicts o juries rendered in this State, and for other purpooes.
Referred to Commiuree on Getneral J udieiary.
Ab"<>, a bill by Mr. Wooten, to provide a new system of the registration of voters in this State.
Referred to Finance C-ommittee.
Also, a hill by )fr. WO'oten, to provide for the mal-ing <Yf tax returns for all improved real estate and for n1aking all money invest.ed in life insurance liable for taxation.
Referred to Finance Committee.

Under regular order the following House bills "ere read: the fin;i; time, to wit:

By :\Ir. Felder of Fulton-

A bill to provide for the lien of judgments, and for other purpo.ses.

Referred to General J ndiciary CommitJtee.

Also, a bill by 3Ir. Slaton, of Fulton, to amend se.ction_ 1047 of the penal Code of 1895.

Referred to Oommitooe on Gemeral Judiciary.

Also, a bill by :\Ir. Reid, o.f Bibb, t!o p1ovicle for the con-firming and validating <Yf all bonds which rna;- hereafter be issued for counties, municipalit.ies or divisions under paragrapihs 1 and 2, sMtion 7, article 7 of the Oonstituili:ooL of 1877.

Mo~DAY, NovE)IBER 8, 189i.

137

Referred to Finance Committee.
Also, a bill by !fessrs. Brown and Jordan to repeal an act entitl-ed an act to amend the charte:r of the town of Hawkinsville, approved December 20, 1892.

ReferJ'!ed to Special Judiciary Committee.
Mr. Golightly mon~d that the time o.f adjournment be extended until th-e regular order of business was finished. The motion was carried.

The following House bills were also read first time:
A bill by Mr. )f.addox to prohibit the manufa!Cture of intoxiC'.ating liquors in the county of Harris.

Referred to Committee on Temperance.
Also a bill by )fr. Burwell to amernd an act approYed March 2d, 1875, entitled an act to make the Ooun:ty Court of Haneock county IR Court o. Record, and :for otlher pull."- poses.

Referred to Committee on Special Judiciary.

Also, a bill by l\fr. Reid to autho1,ize the Judges of the Superior Courts and City Oourts of this State to issue attachments without requiring bond and security, and for other purposes.

Referred to .Committee on Gemeral Judiciary.

Also, a bill by 1\fr. Felder to amend section 420 of theCriminal Code of 1895.

138

JouRNAL OF THE SENATE.

Referred 1Jo Committee on Railroads.

Also, a bill by J\fr. Ben-y to re.vi.se and consolidate the laws governing the inspection and sale of fertilizers in this :State.

Referred to Agricultural Oommittee.

Also, a bill by )f.r. Hawes Ito prolhibi-t arreSting officers :advising or procuring dismissal or settlement of criminal cases and t.o provide a penalty of the same.

Referred to Oommittee on General Judiciary.

Also, a bill, 'by :l\fet>Srs. Brown and Jordan, to amend the ~h:arber of tthe town of Hawkinswlle i'll the county of Pulaaki.

Referred to Oommi.ttJee on Special Judiciary.

Also, a bill by J\Ir. J 01hnson to .authori:re cDorpdrations or individuals actually engaged in oonstructing or owning or o()perating or preparing to <Construct any plant or works for .generating electricity by wa:Ler-power -c.erbain powers, and for other purposes.

Referred to Commitroe on :Manufactures.

Also, a bill by }fr. Pearce to pl'ovide for the procurement of a complete roster by companies 'Of all the troops furniahed by the State of Ge'Orgia during the late civil -war .
.Referred to Committee on Militar,y.

MoNDAY, NovEliiBER 8, 1897.

139

"Under regular order the following Senate bills were read -the se.c'ond time:

A bill by :M!r. Turner, rto ,amend pallagrap!h 2 .of section 2 of article 7 of the Constitution.

Also, a bill by :::\Ir. Turner, to prov~de for the revivor of .corpOTations, and for other purposes.

A.lso, a bill by }[r. Battle to repeal section 1010 of the Oode of t.his State.

A.lso, a bill by :::\Ir. Comas to change the time of holding the Superior Court of Appling county.

Also, a biU by )fr. Starr to inC'Orpora:t.e the town of Fairmount, in the county of Gordon.

The following Houoo resolutions were read .and cooourred in, to >viit:

A resolution 'by Ur. Tihomas, of Clarke, in >riting Ohan.cellor Boggs of the L niYersity to address the General As:sembly on Xovember 11th.

Also, a resolution by :::\Ir. Fogarty-

Resolved, that a committee of two from the House and one f1om the Sen.alte he appointed to ascertain the status of the Supreme Court Report.s.

'Dhe following resolution was read and aclopted: ResolYed, that the pri,rileges vf the flov'r be extended to }fr. G. \Y. )I. Tatum during his stay in the -city.

140

JounNAL oF THE St<:NATE.

Leave of absence was granted :Messrs. Gray, Atkinson,. 'Yilcox and Thompson.

Upon motion of :Mr. Battle the Senate adionrned until' to-morrow at 10 o'clock.

Senate Oham:ber, Atlanta, Georgia, Tuesday, November 9th, 10 O'dock A. 2-L
'l'he Sen'ate met pUTsnant to adjournment, and was called" to order by the President.
Prayer was offered by the Chaplain.
Upon motion of 1\fr. Battle, the roll:eall was dispensed' with.
:llr. Oarter moved that the foUowing resolution be reconsidered:
Resolved, Tha<t ifue Ohiancellor of tb'e Universi:ty be invi-ted to address ttl1e General As.;;embly upon the subjoot: of education.
The resolution was reconsidered.
J\fr. Carter moved to l!lmend 1Jhe resolution so that the time of address <be 'l :30 o'clock inste'ad of 11:30 o'clock, which amendment was adopted.
Upon unanimous oonsent, tfue :following House resolu- tion was rerud and tadopted:
Resolved, 'l'hat rhe Sbate Hbrerian be instructed to de-

TuESDAY, NovEMBER 9, 1897.

141

liver to ){iss C. C. Stiles, in clb.arge of 'llhe Georgia room of Confederate :Museum in Richmond, .tfb.e last order of :the Confedern.te go:vernmoot.

The :following was adopted:

ResolYed, 11hat tilre privileges of the :floor be extended to )Ir. Goo. ,V. Parish, of Sa\anna!h, during his sbay in the city.

)[r. Turner moved to suspend othe rules or the Sen'llte for uhe rpurpose of raking up the :follo:wing hill, to be put upon its passage, "'"hidh m'O'tion was caxried:

A bill to provide for 1the revivor of cooporations, and for ot.her purposes.

1)he report 'Of t!he committee was agreed to.
r pon the passage of tlhe bill the ayes were 25, nays 0.

Tlhe bill, 1having received the consf:li:tutional majority, was passed.

The :following message -was received frorm the House through )fr. Hardin, the Clerk thereof:

1111-. Prc8ident:
11h:e House :has passed by the requisite constitutional n1ajority tJhe following bills, to wit:

A bill to repeal an act creating a Board of Fire Oommissroners for 1'he city of Savannah.

Also, a bill to repeal an acrt creating a Board of Water 'Commissioners :for the city of Savannah.

142

JOURNAL OF THE SENATE.

Also, a hill to rep0al an act creating a -Bdard of Police Commissioners for the city of Savannah.

Also, a hill to repeal an act creating a Board of TaxAssessors for ifilie city of SaYannilih.

Also, 'a bill 'fJo 'P1"fll1rihit the playing of prize or match games of football in rl:tis State.

Also, a bill t;o amend section 3704 of the Code of Georgia, to regulate ~otest fees of no!Jaries public.

Also, a bill to amend sMticm 1703 of tJhe Code of 1882, l'egulating tihe returns of marriage License.

Also, a bill to amend section 4641 of the Oocle of 1895, providing for affida"rits in lieu of bond !Jo obtain certiorari.

Also, a bill to amend secticm 3623 o:f t!he Oode of 1882, pl'Dviding for affid,avi'ts forma pauperris.

Also, a bill 'to extend iihe corporillte limits of the town of Dougloasville.

Also, a bill to amood the charter of tJhe 1JO'Wll. of DougTas, in Ooffee county.

Abo, a hill to incorpora:t.e t'he 1Jown of :M:ountville, m Troup county.

Also, a bill to auiJho:rize tihe Treasurer of the State to draw an any funds in tihe treasll!l"y :to am amo'llll!t of $400,000, to he used in paying the teachers, as provided by law.

Also, a hill to inco.rporat.e the torwn 'Of Pepperton, in Butts county.

TuESDAY, NovEl\lB~<;R 9, 1897.

143;

:Mr. Battle, Chairman orf the General Judiciary Oommi'ttee, submittted the follo\\ring ["eport:

Mr. Presifknt:

The General Judiciary Committee ilmve had under con-sidei<ation the following Sell'ate bills, whid1 I am instrueted to report biack t;o the Senate '\vi:tlh tilie recommendation thatthe same do pass, .to wit:
A bill to 1abolish the city court of Jackson county.
Also, a bill to prohibit the wearing of badges or deviceadopted as an insignia of memberShip by any order or organization in this State.

Also, a bill to amend sub---sootion five of section 3355 of" tihe Code of Georgia of 1895.
The. -colll1rli;btee lhave also 1J.iad under oonsidemtion 11he following House bill, which I arm instrU:cted to repmt -back tt lfJhe Senate wi1!h the !recommendation tha:t the same do pass, to wit:

A bill to amend secti:O'll 1047 of 1!he Code of Georgia.

The committee have also had under OO'llsideration i:lhe ful1owi,ng Senl3!te bill, whicili I am ins'truc1.ed -to report lYack to the Sen'ate with the recommendrutiO'll that the same do-pass as 13Jlllended:

A bill to establish the city court of Jefferson, in Jackson county.

The committee have also had under consideration the

JoumlAI. oF THE SE~ATE.
following House bill, whiclh I am instructed 1to report hadk to the Senate with the recammenda:t~<m tJhat the same d<O pass as amended, to wit:
A 'hill to provide for ordinaries pro hoc vice in case dis.qualified ordin13!1"J, and for ot:her pllTposes.
The oommitltee ihave also ihad under consideration the following S:en:ate hills, wihich I am instructed to report back :to the Sen'ai:'e witJh iJhe recommendation thlat t'he same do not .rass, to wit:
..\. .bill to amend and alter llhe acts of 1889, page 58, sec;tion 2, trustees .and officers of 1:lhe State Luna~tic Asylum.
Also, a bill iJo prohibit tfJhe buying of the privilege to ,shoot at or killing or otherwise maltraa:ting any turkey, .chicken, or o~her domestic fowl or animal, in spoilt or any way or mtanner fur. money or otiher t'hing of value, and to .provide a penalty for same.
.Also, :a hill to regulwte the pll'blication of verdicts of juries rendered in the rourts of tJhis &r.ate.
Also, a bill bo authorize and require counoty authorities .of the va.roius <OOUnties of 'this State rto appoint detectives
in certain cases, 'and fur other purposes.
Respootfully submitted.
0. E. BATTLE, Chairman.
'C'pon unanimous consent, the following Honse resoln;tion was read:

TuESDAY, NovEliiBER 9, 1897.

145

Resolution providing a recommendation hy this As~em bly that United States Senators be elected by the people.

Refened to General J udici,ary Committee.

The following House resolution was rood 'and adopted:

A resolution to appoint a doorkeeper for the norfih sirle of the hall during -the remainder of tJhe session.

The following Hou,o.c re.;:.olntion "'as read, to wit:

A resolution to refund to G. "~. Ol1amblee one hnndrccl dollars overpaid by him as special tax in t.he year 18!1-t

Referred to Committee on Finance.

"\lso, a r(',;;olntion appropriating eig,ht 'hundred rlollars for the rcpnblieation of t\\-o lnmdrod C'a<ih of the Georgia Reports, Yolnm<'S 8-!, 8;i, 86, and 87.

Refcl"l'<'<l to Committee on Appropriations.
The follo;wing IIon,o.p resolution was 'rc"ad:
A reaolwtion appointing a committee to visit t:he Georgia Normal Sr"hool at Athen;;. From SC'nate are :Jle:'St'il. Stewart. of 27th, Dunwody, Sheffield, Blalock, and Carter.

l\fr. Golightly mon'd to lay resolntion on table, which motion was lost.

Resolution Wlls arloptccl.
r JWII tlllallilllOHS COTISf'll t. the following hill Wll:' react
fi1~t time:
10

146

JOURNAL OF 'rilE SENATE.

By ::\lr. Stewart of 34th-

Regulating the deposits of securities by Building and Loan ..:\ssociations.
Referred to Committee on Banks.

The following Honse joint resolution was read and concurred in:
A resolution inviting Hon. J. L. ::\I. Curry to address the General Assem'bly on the 16th.

The following House bills were read t.he first time, to wit:

By ::\Ir. ::\Ieltlrim-

...:\.bill to create a Board of \Yater Commissioners for tihe city of Savannah.

Referred -to Committee on Corporations.

lly ::\Ir. ::\Ieldrim-

_.:\lso, a -bill to create a Board of Poliee Comm-i;;;sioners for the city of Sanmnah.

R('ft>rred to Committee on Corporation;;.

J5y :\fr. :\feldrim-

Also, a bill -to Cl'("atc a RJ:;,rd of Tax-Assessors for the dt: of Sanmnah.

R0frtT0Ll to Committee on Corporatiom.

I-3y ::\[r. Cole-

"TUFJSDAY, NOVEllBER 9, 18U7.

147

A bill to prohibit the playing of prize games of football :in thi:> State.

Referred to General J udieiary Committee.

.By 1[r. Swift-

A hill to amC'rnd -;:ection 370 of tl1e Code of Georgia.

RefPrre(l to General Judieiary Commit.tee.

-By 1fr. Cal\in-

A bill to amend S<'etion 1703 of the Code of 1882.

HeferrC'I.l to Gen-eral ,Judieiar.'' Committ.<'<'.

By 1fr. 1felclrim-

.A. hill -to erP'atc and org"~mize a Roarcl of Fire Oommission<'rs for t.lw !'it;v of Sa,annah.

Referr<'<l to Committe-e on Corporations.

By 1fr. WhitakPr-

..:\. hill to aJJWJHl S<"ction 3()23 of the Code of 1882.

R.('ferre<l to General Judjciary Committ<'e.

B.' 1fr. Whitaker-

.AJ~,o. a hill to :mWIHl sw.tion +6-J.l of the Code of 1895.

~\. hill to in<nrporat<> the tm\'11 of Pe-ppPrton, m Butts ..county.
Heferr('<l to Committee on Corporation;;.

148

JOURNAL OF 'l'IIE l5EXATE.

By ~fr. Thomas of "rare--

A bill to amend the aot incorpol'ating <the town of Doug la::>, in the county of Co:ffe.

Refen-ed to Committee on Corporations.

By )fr. Blalock-

A bill to authorize 1:ihe Treasurer to draw on any fundsin State Treasury to the amotmt of $400,000.00 to pay teac1hers, as proYided by law.

Referred to Committee on Finance.

By )[r. McLarty-

..\.bill to extend the corpomte limits of the town of Doug-lasYille, Ga.

HefeiTed to Conunittee on Corporations.

By )fr. Longley-

A bill to incorporate the 'town of :llountYille, m thecounty of Troup.

RcfeiTed to Committee on Corporations.

The following Sena:.te bills were read second time arrd recommitted to Gencral J udi('iary Committee:

By 1\fr. Battle--

A bill regulating tlw administmtion of equitable relief cases, and for other purposes.

TUESDAY, NOVEMBER 9, 1897.

149

l:ly :Mr. Battle-

Also, a bill -to !l:'egulrute tlhe grant of extmordinary equita"ble relief in the <;Our'ts of t'his State.

By }fr. Battle-

Also, a bill to amend section 974 of tl1e new Code.

Under the tegular order, til1e following Senate bills wm-e :I'ead second time:

By :Jir. Turner-

A bill to amend :3ction 1039 of Yolume 3 of the Code of 1895.

A bill to amend section 2388 of the Ci,il Code of 1895. By :Jir. Golightly-
~\: bill to amenJ snh-section 3355 of thc> Code of 1895. B." :Jir. Tnrner-
A bill to prahihit the wParing or displaying hadgc>s nsed hy secrc>t orp:anization,;, an<l for other pmpo,;e,;.
R.' nnanimons c'onsc-nt ,tl1e following S<-natP hill was rr-arl second time and :recommitted to Gc>nPral .Tndiciary Commi-ttee>:
JJy :Jir. Battle--
..:\: hill to make criminal pleadings amendable lll this :State.

150

JOURNAL OF THE SENATE.

By request, House bills Nos. 49 and 163 were recommitted to Genern.l J udioimy Oommittee witihout being read.

By unanimous consent, the following Senrute bill was read first time, to wit:

By l\fr. McFarland-

A bill to prohibirt ohe sale of cigmettes or cigarette papersin this Sta:te.

Referred to General Judidary Committee.

The following privilege resolutions were adopted:

Resolved, Thrut tlw privileges of the floor be extendedtto Mr. F. G. McFarland, of )fcln:tooh county, during his stay in the city.

Resolved, Tha:t the privileges of tlhe :floor be extended to Hon. T. R. Jones, of Whitfield, during his stay in the city.

Lcave of absence wa:s grantecl 'to :l\f.essrs. Gmy and Walker of the 40th, for a few days, on important business.

Upon motion of 1fr. Battle, rthe Senate adjourned untit t<rmorrow oat 10 o'clock.

'

\VEDXESDAY, KOYEMBER 10, 1897.

151

Senate Chamber, Atlanta, Georgia, \Yednosday, Xowmber 10tih, 10 O'clock A. ::'11:.

The Senate met pursnant to adjournment, and was called to ord('r by the PrPsident.

P.rayer was offerPd hy Senator Turner.

1~pon the ea1l of ~he roll the foUowing members answered to their names:

Allen, Blalock, Brinson, Brooke, Carter, Comas, Cook, CulYPr, Dunwody, Everett, Flewellen, Flynt, Geiger, Goldin,

Golightly, Gray, Ham, Hopkins, Hn<lson, Kemp, Kilpatrick, 1\Iann, :\IcFarland, Redwine, Sheflield, Shropshir<:, Starr,

SteYen~,
Stewart of the :?7th, Stewart of the 34th, Strother, Thom~on, Turner, Yan BureP, Walker of the -lOth, \\' estmoreland, \Yilcox, Witcher, \Vooten, :\Ir. Presitlent.

Tho;;p absont werp :J[essrs.-
Atkin~on,
Battle,

Walker of the 18th.

The J onrna1 of y0stenla:v was read and confirmed.

~Ir. Hcchvi11C mo\e<l t.o snsponcl the rn1cs of the Senate for tho purpo;;e of taking np the following bi1ls to be put npon the pa><;:;:1ge, \\hiel1 motion \\"as e:1rriccl:

A bill to abolish the City Cunrt of Jack8on County.

152

JOUitNAL OF THE SENATE.

L pon the pas;;age of 'the bill the ayes wer-e 24, nays 0.

The bill haYing received a constitutional majority was passed.

Also, a bill to establish a City Court of Jefferson, m Jackson county.

Lpon the passage of the bill the ayes were 28, nays 0.

The bill haYing receiYe{l a. ('Onstitutional majority was passed as amended.

The> amendments were as follows:

To ameud section eleYen l>y <Hhliug at the end thereof the following: Prmided, that if this act goes into effect and becomes a law by the first day of December, 18Di, that in that <'Yent the first term of S'3.id City Court of Jefferson, shall he held on the first )fonday in De('emher, 18!.17, and that after the a<ljommHent of said term, said City Court of .Jdfer;:;on shall he lwld quarterly, beginning on the first ).[owlay:; of :January, .\pril, :J nly and October of c\ery year, a:; afonsai1l; JWOYided fnrth<'r, that all pmties witn~cii and juror;; l'('quired awl smumoned to appear at the ])<'('('Jllll('r term, lf.i!JI, of the City Court of Jackson county shall appear awl hP ('Ompetcnt to s<'rYe :mel act at the first ttrm of ,.;aid City Court of .Jpffer;;oll, established nml<r this act.

f'proud anwndm{'n t:

AmeJHl see.tion fir,;t by inse1ting after the word ".Teffer-
son'' in the thinl line t.here'Of thP followi.ng, ''lo<:.ated in the city of J effe1~on."

wEDNESDAY, NovEMBER 10, 1897.

153

~Ir. Brinson, Chairman of the Enrolling Committee, submitted the following. report:

]1 r. President:

Tlw Enrolling Cmnmittee have examined and fonnJ properly enrolled and ready for the Governor the following bill, to wit:

..\ bill tJo provide for the filing, hearing and determining of contests of elections held for the removing of County sites in this State, and for other purposes.

Re-spec:r.fnlly sn bmit1ted.

E. L BIUXSOX, Chairman.

Tlhe :follo,ving mes_;;agc was rerein~d from the Honse tlnoHp,'ll :Jfr. IIanlin, the Clerk the1eof:

ilfr. PnNidcn t: The HoHSC' lmi> pa,;;.-:e1l tlw following Senate hill ll\ the
rcq11isitc c-onstitutional majority, to wit:

-~ hill to provide for filing, l1earing and determining of conte~ts in elec-tion;; hPl1l for the rPmoval of l"nHnh sites in tl1is State.

The Hon:<e has adoph'!l ~lw following rP~nlHtion in \\'hich the roncnrrence of the Senate is asked, to wit:

-~ 1'0-'olntion, peoviding fo-r t h1 c appointment of a Commission to invei'itigate and rq1ort t1l1C best system for thP regulation of the banking lm::.ino.'-" in this Sate.

The following emJmnmi!'ation wa;; rece>ivPtl hom his

154

JOURNAL OF TilE l:iENATE.

Excel1ency the Governor, through 11is Secretary, ~Ir. \Yar ren, to wit..

1111-. P1e8ident:
I am directed by the Governor to deliwr to the Senate a communieition m writing, with accompan~ing documents.
i\Ir. Starr, Ohairnun pro tem. of the CommittPe on Engrossing, submitted the fol1owing report:

11{,-. President:

The Engrossing Oommitt<>f\ haYc examined and direct me to report as duly engrossed and ready to be transmitted to bhe House of RepresentatiYe.'l, the following Srnate bill, to wit:
A bill to be entitled mt act to amPud an act to proYidc for the revivor of corporations, and for other purposes.
0. X. STAHR, Chairman pro tem.
Upon unanimous consent, the following Senate bill was put upon its passage:
A bill to quiet the title of h:t:nds in Camden county.
Upon the paosage of the bill the ayes wPre 27, the nay;; 0.

Tlw bill haYing rceiYt"<l the reqnisite majority was. passed as amended.

The amendments w<>re a;; fo.llo\\s: .Am<:>nd the bill by inserting the following as section fhc of said bill:

'VEDl\"ESDAY, NOYEMBER 10, 1897.

155

Section 5. Be it fmther enacted, that should it appear upon the trial of snch causes that the applicant has a supc-. rior title to that of any other claimant under the now existing laws of this State, a grant under this act slHtll be so decreed under such applicant by the court. Secon<l: and the bill by changing the numbers of sections 5, 6, '7, 8 arnd 9 1Jo sections 6, '7, 8, !) and 10.

Upon motion of :Jir. Starr, tha.t portion of the GoYernor's message \\hich refers to education he refcrre<l to Committee on Education.

Upon motion of :Jir. Dun\\"ocly, that part of the Governor's message referring to the ,,~_ and A. Railroad be referred to Committee on Railrna<k

"Gpon motion of :Jfr. Hed\\"ine, thr Senate \\"ent into eeutive session at 11 o'clock.

By unanimons consent, tilw following re;:;olution \Yas read first time:

By :Jir. Dunwody-

Authorizing the St::llte Librarian to cleli\"er to the jndges of the l~nite<l State Conrt for the northern and southern districts of Georgia certain hooks.

Referred to Committ-ee on General .Tndiciary.

The follo\\"ing Senate hills were read first time:

By :Jir. Comas-

A bill to create a Board of Insurance Commissioners for thi~ State.

156

JouR.NAT. oF THF. SF.NATF..

Referred to Committee on Special Judiciary.
By ~Ir. StarrA bill to regulate the trial of issues of fact and before
jmies in the sev<'Tal eonrts of this State.
Referred to Committee on G("Jleral Judiciary.
)fr. Battle, Chairman Qf the General .Judiciary Committee, .snbmitted t:the following report:
Jfr. Pn:si<l('.nt:
The General Judiciary Committee have had under eonsiderat.ion t.hc following House hills "'hic.h I am instructed to report back to the Senate with the recommendation that the same do pass, to wit:
~\..bill to prohibit arrC'sting officers a:dYising or procuring clismii'-<'al or ;;ett.lC'ment of criminal {'.ascs.

_.\.l,;o, a hill to ameiHl ,;pe.tion -1:n-1-1 of the Code of 1895.

_.\.bn, a bill r.o amen1l sPetion :H;;!:~ of tlw Cmle of 1882.

'PhP <ommittc'(' have abo ha<l nmkr <'llltsi<hrat.ion the following joint rC'solutiou, whieh I am in;;trnete1l to report back to the SC'ItatP with the reconunendatiou that the same do pa;;.~, to wit:

A l'(l:'olution JH'OYidin'g' a rocommendatimt hy thi;; ~\;;sembl.Y that the F nitecl Stat<>,.; S.enators he elected hy t.he people.
The <ommittee have ali!o had nuder consi<leration t.lw fol-

WEDNESDAY, NOVE!IIBER 10, 1897.

157

lowing House bills which I am instructed to report back to the Senate with the recommendation that the same do pass. as amended, to wit:

A bill to am~nd section 3704 o;f the Code of Goorgia.

Also, a hill to prohibit the playing of prize oi match games of football in t!his State.

The committee haYc also had nnd<''l' eon,;ideration t.he following Senate bill wl1ich I am instrnctNl to report back to the Senate with the recommendation that the author be allowed to withdra" same, to wit:

..:\.. hill to prohibit playing the game of football in this State.
The committee haYe also had nudPl' eonsilleration the follo\\ing Senate bill which I am instructed to report back to the Senate with the recommendation that the same do not pass, to wit:
A hill to regnlate the publication of wrdicts of the juriful of this State.
The committee haYe also had under consideration the fol lowing House bill which I am insbucted to report back to the Senate with the recommendation t.hat the same do not pass, to wit:
A bill to proYide for the liens of judgment,;, a.nd f01~ other purpooes.
Respectfully submitted. WESLEY SHHOPSIIIHE, Chairman pro tem..

158

.Joull::>~Ai. oF THE: SE:NATg,

The following joint resolution was read first time:

A resvlution to appoint a couHnis><ion to inYcstigate and 1e~port the hest system for tlw regulation of the business of ba.nking in t;his State.

Hdcrred to Commit.te<> on Bank,:.

By unanimous consent, the fo.Jlowing bill;:; were tableu
without being read: Senate bill;:; Xos. 13, 89 and 99.

The follO\\r:ing bill was taken up for the purpose o-f putting it on its passage:

A bill to prohibit the wearing o-f any badge or insignia -of seeret organizat.ions, and for other purposes.

rpon the pas3agc of tlw bill ::\Ir. 0o1<1in called for thr; ayes ancl nays, \\hich Yote \\'Hi\ snl'tllirw<l. The vote was as follows:

Those voting in the affirmatiYe were ::\Iessrs.-

Allen, Brinson, Comas, Culver, Dnnwody, E\erdt, Flewellen, Flynt, Gray,

ILtm, Hopkins, J ludson, Kemp, )!ann, llcFarland, Redwine, Shl'fliel<l, :;hropshire,

Starr, Strother, Thomson, Turner, Walker of the -lOth, \Vestmoreland, \\'ilcox, Witcher, wooten,

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

Blalock, Goldin,

1-'tHwart of the 27th, \'an Buren, i:;tewart of the 3-Hh,

WEDNESDAY, NovEliiBER 10, 1897.

159

Those not voting were }fessrs.-

.Atkinson, Battle, Brooke, Carter,

Castleberry, Cook, Geiger, Golightly,

Kilpatrick,
!:lteYen~,
Walker of the 18th, Mr. President.

..:\..;res 21. Nays 5.

The bill havi11p: received the 1-equisi.te majority was pas;;ed.

Th<.' foll-owing hill \\'HS also put upon its passage: liy ~Ir. ThomsonA bill to amend the charter of the town of Unadilla in the county of Dooly. . Tipon the pa&..~ge of the bill the ayes were 27, nays 0.

The bill having rec.ein'cl the constitutional majority was passed, as amended.
Tl1e amendments we11e as follows:
_\mend h,\' striking the words "of the Code of Geor.gia Of 18!)5," oc~nrring b<."tween t~he words usection three" and "slw1l be for honcls" in section 1 of the act, and inserting i~ li<.'n tlwrpof the "ords "of this a-ct."

Tlw fGllowing eommnni-cation was I'eccivcd from his E.xr<:ll<:ncy, the (; oYcrnor, 'throngh ~fr. \Yarren, his Secretary, to ";t:

J/r. Pl'lwi.drnt: I am directed by t11C Governor to deliver to the Senate a

160

JOURNAL OF THE SENATE.

sealed communication to which he respc,ctfnlly inYite;; the consideration of your honorable body in exccutin~ .SC"'-"ion.

:Jir. Shropshire, Chairman of the Special .Tndi(iary
Committee, submitted the :following report:

Jlr. Prcsi.dcrnt:
The Spe{ial Judiciary Committee han~ haJ undPr eonsidPration the following Senate hills whic.h they in;.trnct me to report hack with the rocommemlat.ion that the same do pass:

..:\._hill to he entitled an .act to abolish the city court of the count.y of Coffee.

..:\._ bill to be entitled an act to aholi;;h the <.'hart<'r of the town of Lyons, in Tatnall county, and to establish a ucw charter for the same, and for other purposes.

A bill to be entit.led an act to aboli~h the city court. o Douglas, as amended.

The Special J udic.iary CommittC'c haw also had under conside'l:ati-o;u the following House bills which they instruct me to report back to the Senate with the recommendation that same do pass:

A bill to be cnt.itlcd an art to amend the charter of the city of Hawkinsville, amd for other purposes.

A bill to be ent.itlecl an act to amend an act to make the County Court of Hancock COlmty a Court of rec:ord, and for other purposes.

"'WEDNESDAY, NOVEl\IBER 10, 1897.

161

The Special Judiciary Committee have also h'ad under consideration the following Senate bill which they instruct me to report back to the Senate with the reoommenda.tion -that it be read the second time -and recommitted to General .Judici'a.ry Committee.

A bill to amend section 863 of the Oode of 1895.

'\YESLEY SHROPSHffiE, Chairman.

'Cpon motion of Mr. Redwine, the Semate went into .executive session at 11:30 o'clock.

The following message was received from the Governor:

Executive Department, Altlanta, Georgia,
November 9th, 1897'.

"'f.o the General Assembly: I herewith transmit the m'lljority and minority repOI'ts
made by the members of the Sooool Book Commission, .appointed under resolution number 49, of the Geneml .Assembly, approved"December 25th, 1896.
In recommending the creation of tthis Commission in '1896, I said:

"The plan adopted by the State for the printing of th~ Heports of the .Supreme Oou'Jt, .anid of the new Code, is ,yielding results of the most satisfa,ctory chlfl.racter. Geor,gia Reports, whiCJh were sold at $5.50 per volume, when printed by individuals on their own aoCJcounrt, the State is now publishing and selling at a net cost of $2.00 per volume. Th:e additional volumes printed a:ter t.he first edi.-
lls

162

JouRNAL oF TIIE SENATE.

tion is exhausted are printed at a cost of $1.00 per volum1.'l' to the State, and sold a:t $1.50 per V'olume."

Under recent conrtract for additional V'olumes of SupremeCourt Reports, after exhaustion of the first edition, the cost i<> $0.90 per Vlolume, complete and delivered to th-e State.
The Code of 1882, in One VQlume, containing 1482 pages, printed on private account, was sold to the public at. $10 per copy.

Under the act of the General Assembly providing for the printing of the Oode 'Of 1895, on State account, the ub~ volumes, containing 3136 pages, cost something less than $4.00 for the three volumes.
The following statement presents clearly the comparative cost of our Code published upion State's aocourut under the competitiv~ bid system and what we are actually paying for the school~books used by our children in the public schools..

CODE. Tlhree vOilumes,,oon~Ja!ining 1,500,000 .wo;rds, coot $4.00
SCHOOL-BOOKS. Five School-books, e.on.taining 659,000 words,
cost..... . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.88 Fh'l(} Schoo[-booh, corn:tlaining 215,000 words,
cost......... . . . . . . . . . . . . . . . . . . . . . . . 4.00 The cost of priruting the same number of words in
school-books as in the Code, would be. . . . 9.52
In this calculation I have not computed the compensation which must be paid to authors nor other necessary ex=

WEDNESDAY, NOVEliiBER 10, 1897.

163

penses which will readily suggest themselves to you. On the other hand, ]t must be borne in mind that only a few thousand copies of the Code were printed, while SCiho'Olbooks are issued by uhe hundreds of thousarnds and their printing should, 'therefore, cost less.

ANOTHER COM!'ARISON.

At my request, one of the best equipped and reliable publishing houses in the Sta.te has furnished me the following statement showin~ whs.Jt is now being paid or schoolbooks in Georgia, and at W'hat price it would be willing to print ~he same books in lots of one hnndred thousand:

BOOK.

PUB. PRICE

"Wentworth's Practical Arith-

PUBLISHER.

PRICE. BID.

s metic............................. Ginn & Co........... .400 pp.$ .65 .18

Third Reader ...................... Ginn & Co............. 256 pp. .40 .1~

First B0ok in American His-

tory (Egglestonl.. ............ American Book Co...224 pp. .BO .H

Swinton's Word Primer ...... American Book Co.. 96 pp. .15 .04

Sanford's Higher An. Arith-

metic ... ......... ......... .. .... American Pub. Co..160 pp. 1.00 .24

Graves' New Graded Speller..Ginn & Co ............160 pp. .2.) .10

l\fcGufiey's Third Electic

Reader ........................ American Book Uo..208 pp. .40 .14

This company is able and willing to take the contract to publish at the prices named and give bond to comply with their contract.

You can add to these prices a fair royalty to be paid to the author and draw your own conclusions as to whether or not we are being made to pay an unreasoD'able and unjust tribute to a lordly trust.

164

JOUR:\'AL OF THE SENATE.

I submit to you the consideration of the question, discussed in the majority and minority reports wit.h the confident belie that you possess the wisdom to discern and the -courage to apply the remedy.

.RIGHT OF WAY OF THE WESTERN" AND ATLANTIC RAILROAD, AT MARIETTA.
At the session of the General Assembly in 1896, there was passed a resolution entitled " A resolution authorizing the At.lanta, Knoxville and Northern Railway Company to acquire certain rights in the use of the right of way of the Westem and Atlantic Railroad in and near the city of Marietta."
By virtue of authority granted m said resolution I appointed as arbitrator Hon. Dupont Guerry, of the county -of Bibb. His report to me accompanies this message and fully explains the failure to adjust the question submitted.
Since this report of 1\fr. Guerry and the evidence submitted to the arbitrators, which is now in possession of Hon. W. A. Wimbish, Special Attorney for the W. and A. R. R., gives the necessary information as to the value of the use of the property in question, I recommend that there be no further effort made to arbitrate. It is the State's property, and the only thing necessary to he done is for the General Assembly, if it desires to sell, to pass an act fixing the price at which it may be sold. From the best evidence at my command, I am of the opinion that we should keep the property or realize for it at least eight thousand dollars.

WEDNESDAY, NovEMBER 10, 1897.

165

Hon. Dupont Guerry and Ron. W. A. Wimbish will each be pleased to give you in this matter whatever aid they can render.

I hope this can be disposed of at the present session of the General Assembly, as the Atlanta, Knoxville and Northern Railroad Co. is now occupying this right of way and should be required to pay for its use or be removed from its possession.
W. Y. ATKINSON, GovERNOR.

The following communic'ati:on acoompanied the Governor's massage:
~ia:con, Ga., Nov. 8, 1897.

In the matter of arbitra.tioo of due compensation iJo the State for the right of Atlanta, K111o:l\.vrille and Northern Railway Oo. "to perpetually use and occupy a portion of the righit orf rway orf tihe W est'err-n. & .A<t'la.n'ti~ Railro!ad for railroad pm<pooes" a:t 1f,ariebta, Ga., under resolutions of the Genoml Asserrnbly of Georgia, approved by 1lb.e Governor on iJhl:l 9'1Jh day of Ocbo'ber, 1895, and December 23d, 1896.

To His Exccllcm:y, W. Y. A.tkinsan, G01JC1'1lor of Georgia:
S~r:--Tihe undersigned who was selected by yourself as arbitra:bor on behalf of 1:1he Sba:tJe in i:the a!bove ma:tter, begs leave to submit the following raport:

Mr. George 11. BroW'll, of AtlantJa, was selected by the Railway Company, as aribitrator, and so acted.

Owing to several causes of delay, the arbit1a.tors met fo:r the first time art Marietta, on t!he 24!Jh day of M1ay last,

166

JouRXAL OF THE SK'<ATE.

and were duly sworn by ea:ch other as required by law. A. number of witnesses were examined but before much progress had been made it was dis0overed that 1lhe Lessees of of the Western & At.lantic Railmad had consemted that the propose:d right of way might be acquired by the Railway Company down to the norehern margin of J\fill Street, but no farther, and that the Railway Company was occupying two hundred feet further south to Depot Street, it being -suggested at the time by ~fr. \Yillia.m A. \Yimbish, Special Oounsel for the State, th'at this portion of the property was valuable and desirable on the part of t.he Lessees and the :Sta'te ror the probable construction of a depot for the Western & Atlantic Railroad. The arbitrators promptly agreed that without consent of the Rail-way Company and the Strute, they had no power to proceed, and it was thereupon a.greed between ~Ir. Alexander Smith, Counsel :fior the former, a'lld Mr. \Yimbish, Special Counsel for the State, tha.t they would proceed and limit the arbitration to the pmposed rig1ht of way nm1th of :Mill strE>et, being 4401 lineal feet, instead of 4601, as theret.ofore contemplated. The 'hearing thereupon proceeded until all tlhe witnesses present and offered were sworn and examined.

Owing to other causes of delay 1Jhe arbitra:tors did not nveet again until the 20th of September, it haYing been agi,eed between counsGl before the arbitrators upon adjournment 'at :Marietta, on a.ccount of delays anticipated, that the Railway Oompany "should haYe J'easo11able time in which to comply with the terms of the resolutions, and that the Railway Company should not suffer at the hands of the Strute in that regard."

\VEDNRSDAY, NovE:\IBER 10, 1897.

167

On September 20th, 'tfue examination of witnesses was concluded a'lld 1the case set for 11Xgllm&llt on -the 29bh day of :the same month.

The argument was heard on that day and the arbitrators began the 00nsideration and discussion of it between themselves on that day and continued it the next..

It was soon discovered that they were fa:r apart, not only :as to the proper amount to be awarded the St.ate, but upon nearly all questions that had to be considered in reaching a conclusi-on. In ord'er to ascertain how the arbitraJtors dif:ered aJnd what e.ach tJhought was a prop& amount, it .was
-agreJed -that eoach should hand the other a:t the same time 'his figures.

From an ri.nsp:eciion of the property and from a consideration of the evidence i'Il its tonality, I thougilrt the sum of ten thousand dollars a just oomEens:atio-n to be paid the Stare for the perpetual use and occupancy of the proposed -strip of 4401 feet for railroad purposes, unde.T the restric:tions and t-erms of the resolutions, but the only evidence tha't I could receive _a:s specific and as emanating from :a witn'e.ss of requisite kno,dedge and experience, and who testified upon the real issue under thie loaw and tJhe resolutions under which we were acting, was that of ~fr. :\fartin ])ooly, and I yielded to his opini-on that the land fur tihe puryoses intended and on the tlerms imposed, was -of the value of tW'O> dollars per lineal foot, mnd named the sum of ;$8,802.00 as the just and proper amount to be awarded.

-Mr. B~own named the sum of four hundred and fifteen .Qollars.

168

JOURNAL OF THE SENATE.

1\re c0ontinued our discussion but were too far apart to. agree, and never .a:gTeed.

Since thtem. we have submitted to each -other many nominations f{)r third arbitrator as required by the resolutions but never .agreed un'til the members of the Legislature wer~ assembling :f!o!l." the prSem.t session, when we agreed upon thre H0on. Thomas C. Crenshaw.

The tlhree arbitrators had their first meeting on Sa turday, the 6th i.ru>t., in the city of Atlanlta., when it transpired that bOoth Mr. Crenshaw and Mr. Brown were not inclined to proceed .at this time, or until there shall be some authoritative adtion on 1lh~ question of our power to now act,. so long .after the peri'Od 'Orf sL"'{ mooths within which theRlailway Oompany was I'lequired by thre I'lesolutions to comply with their terms, had expired, mrd after the legislatlll."f~ of the St1alte h.ad raassemJbl.ed and the Representatives of th~ people were in position to give the matter their appropriate attention.

Not being myself roo f'l"om doubt .as to whether arr award at this 1Jim!e and und'er 'these circum.stam.ces would be binding upon the State, I said to the Messrs. Crenshaw and: Brown that I would report the present status of the matter to your Excellency, calling attention to th'e question raise& as bef'ore refurred to, '8llld also to the fact that the lessees had not given 1lheir assent as to the entire strip of land as heremoofore set :f.Qrth, informing these gentlemen at the same time 1fulat I felt it to be my duty to bring the matter to the .attenft:i:oo of yourself and the General Assembly while the latter was in session and had time in which to act

WEDNESDAY, NovE:~mER 10, 1897.

169>

in such man.'ner and to such extent as that Honorable body might see fit.

In this suggestion these gem.tlemen concurr~, and I now make this report.

Thanking you for the con:fi:dence reposed and regretting- that the matter has not reached a just and final conclusion,. I am,

J\{ost respectfully,

DUPONT GUERRY.

The following b:illl "~as put upon its passage:

By Mr. Tumer-

.A. bill to amend paragrapih 2 of section 2 of article 7 of tl1e Constitution.

This b'eing a constitutional amendment, the ayS and! nays were called, and the vote was as follows:

Those vating in the affirmatire were Messrs.-

Allen, Blalock, Brinson, Carter, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Flynt,

Goldin, Gray, Ham, Hopkins, Hudson, Kemp, Mann, McFarland, Redwine, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th,. Strother, Thomson, Turner, Westmoreland,. Wilcox, Witcher, Wooten.

170

Joun~AL OF THE SI~NATE.

'Dhose voting in 1ib:e negative were :Messrs.-

Brooke, Sheffield,

Shropshire, VanBuren,

Walker of the 40th.

Th'ose JlJ()t voting were Messrs.-

Atkinson, Battle, Castleberry,

Geiget, Golightly, Kilpatrick,

Walker of the 18th, Mr. President.

The bill, having received a oonstitutional majority, was paased as amended. The a.mend.menhs wm-e as follows:

Amended by adding a:fter 1:lhe word "charity" in tfue 19th
]in-?- of section 1 ifue fullowing: "All propertty used for
purely charitable purposes."

The bill in full was as follows:

A bill to be entitled an act to alter and amend paragraph second of section 2 of article seven of the Constitution of the S.tate of Georgia, so as to enlru-ge the power of exemption. from taxation of all places of relig1ous w~rship or burial, amd also all p1-operty belongi.111g to colleges, incorporated academi~, or other seminaries of learning; to provide for the proper ratification of tbe same by the people; for the promulgation by the Goverrror of the ratification in case o ratification; and :f.or other purposes.

Section 1. Be in enacted by the General Assembly of C'reorgia., That paragraph second of section 2 of article seven o the Constitutionoa of the State of Georgia, which is designated as section 5182 of the Code of 1882, be and the same is hereby altered and amended by strih.-.ing out after Jhle words "public property" in the second line of said sec-

WEDXESDAY, l~OVEl\IBER 10, 1897.

171

tion the words "places of religious worship or burial," and inser.ting in lieu thereof th'e words "all property of any chureh, religious society or sect," and also by striking out after the words "public charity" in tlhe third line of said pa1agraph the following words: "all buildings erected for
and used as a" and inserting in lieu thereof the following words: "all property of any," and also .by striking out the wh'o1e of th-e proviso in th~ three last lines of said section .and inaerting in lieu theroof the following words: "ProTicled t1he proproty so e~eunpted be 'Illolt used :for any oth!er purposes than for the benefit of such nan1ed institutions, Te&pectiYely, and not for private profit or income," so that sa.id paragraph ''"hen amended ~hall read as ~ollows: "Pamgraph 2. Exemptions.--The General Assembly may by law exempt from taX'ation all public p1operty, .all property 'Of any clmrC'h, religions society 'Or sect, all inSII:itutions of purely public charity, all property used :f.or purely charitable purposes, all property of any cJOllege, incorpomted aeademy, or -other seminary of learnimg, the real and personal property of any public library, lilnd that of a,ny ot:Jher literary association u;::ed by or connected with such library; all book;; and philosophical .apparatus, all paiwtings and sr!l.tuary of !'t.nY ~ompa-ny or association kept in a public hall a/)ld n'Ot held or sold as merchandise or for the purposes f.f sale or gain; proYided the property so exempted be not u;;;ed for any other purposes than for the benefit of such named institmtions, respectively, and not for private profit -or mcome.

Section 2. Be it furt:Jhe<r enacted, That whenever the .aboYe proposed amendment to the Constitution shall be

172

JOURNAL OF THE SENATE.

agreed to by two-thirds of the members elooted to each of the two houses of tibe General Assembly, and the same hasbeen eoo:tered on t'heir journals, with the ayes and nays taken theroon, the Governor shall, and he is hereby authorized: and instructed to cause said amendment to be published in at lea9t two newspapers in each congressional district in this State for at least two months neoct preceding the timeof holding the next general elooti'on.

Section 3. Be in furbher enacted, Tblat the aboYe pro-posed amendment shall be submitted for ratification or rejection to the electors of this State at the next gene:ral election to be held, after pUiblication as provided for in the second sectioo. of 1Jhjs a:ct, in the several electioo districts of the St:Jate, at which election every :gerson shall be qualifi,ed to vote whio is entitled tJo vote for members of t.he General Assembly; all peisons voting at said. elee'tion in favor of 1:1dopting t'he proposed amendment to the Constitution shall have written or printed on their ballots the words "for ratification of the amendment to paragraph second of section second of article seventh of tlhe Constitution of this State";: and all persons opposed to the adoption of said amendment shall ib.ave written ~r printed on their ballots the words. "Against the mtifioation of the amendment to paragraph seoond 'Of section send of article seven'fili. of the Oonstitu!tl!on o1f this S'ta;te"; 'll.llld 'i1f a mJajority ,of tfue eJleJctJors qumli:fi.ed 1Jo vote fur members of the General Assembly v'Oting thereon shall vote fotr said amendment, then said paragraph second, as ihe11ein amended, shall beoome a part of trhe Constitution of this Stalte in lieu of tihe present paragraph second of said Constituti'On.

vVED:NESDAY, KoVEi\fBER 10, 1897.

17:3

Section 4. Be in fur!Jher cmacted, Tha:t the Governor be and he is hereby .auth'o:rized and directed to provide for ihe submission of i:lhe amendment proposed i:n the first section of this act to a vote of the people as required by the Constitution of this State in paragraph one of s~.tion one of article thi11teen, and if ratified the GoYernor shall, whPn he ascertains such ratification from the Secretary of state, to whom tihe returns shall be referred in the manner as in c.ases of elc<Ctions for members of the General Assembly, to count and ascertain the result, issue his pmclamation fm one insertion in one of the daily papers of the State, announcing such result, and declaring the amendment ratified.

Section 5. Be it further onacted, That all laws and 'Parts of laws m con:fliCit herewith be, and the same are. hereby repealed.
By unanimous consent Sc.nate bill No. 65 was tabled.

The following bill was put upon its passage: By :Jir. Thomson-
A bill to amend cha111ge and repeal section fom of the charter of the town of Unadilla, in Dooly county.

"Cpon the passage of the bill the ayes were 34 and the nays 0.
The bill, ha.ving receiYcd the reqnisit.e nrajority, was passed.
The following bill was put upon its pas;;;age:

174

JOUl\:\'AL OF THE SEXATE.

By J'dr. Thomson-

A bill to amend the charter of the town of Unadilla, in the couruty of Dooly.

Upon the passage of the bill the ayes were 23; nays 0.

The bill, haYing received the constitutional majority, was passed as amended.

The amendment was <as follows:

"Amend by striking the wol!"ds "of the Code of Ge'orgia of 1895," occurring between the words "section three" and "shall be or bonds" in section one of the act, and inserting in lieu thereof the words "of this act."

The follo'\Ying bill was read tlhe third time and tabled: By :Jlr. Turner-

A bill to amend section 103.9 of vol. 3 of the Oode of 1895, so as to restrict the employment of misdemeanor connets.

The folLowing privileged resolution was read and adopted:

Resolved, That the privileges of the floor be extended to :Mr. A. A. Lawrence of Savannah during his stay in the city.

Upon mO'tion.of Senator St;ewart of the T>"\enty-sen:nth, the Senate adjourned until to-mo-rrow at 10 o'clock.

THUHSDAY, NovEMBER 11, 1897.

175

Senate Chllmber, Atlanta, Georgia, No-vember 1Hh, 10 O'clock A. M.

The Senate met pursuant to adjournment, was ~lled' to order by the President.

Prayer was offered by the Chaplain.

Upon the call of 'the roll the following members answered' to their names:

Allen, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Goldin,

Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, f:ltevens, Stewart of the 34th, Thomson, Turner, Van Buren, Walker of the 40th, Westmoreland, Wilcox, 'Vooten, Mr. President.

'Those absent were 11:essrs.-

Atkinson, Battle, Flewellen,

Flynt, Geiger, Stewart of the 27th,

Strother, Walker of the 18th, Witcher.

'l'he .Tournai of yesterday was read and confirmed.

Senabor Stewart of the 27th moved to reconside~r the following bill, wlhicJh passed yesterday:

A bill to prohibit the wea1ing badges of secret orders. The motion was carried by vote, ayes 19, nays 12.

:Mr. Kilprutrick moved to reconsider the follmving bilL which was passed yesterday:

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JouRNAL OF THE SENATE.

A bill to amend paragraph 2 o section 2 o article 'l -of the Oonstituti'On.

Upon the motion to reconsider, liT. Turner called for the ayes and nays, which call m~B sustained. The vote was .as foll'Ows:

Those voting in the affirmative were Messrs.-

.Allen, Blalock, iBrooke, .Castleberry, .Cook,

Flewellen, Kemp, Kilpatrick, Mann, Sheffield,

Shropshire, Strother, Van Buren, Walker of the 40th.

'l'h'Ose voting in the negative were Messrs.-

.Brinson, Carter, Comas, Culver, Dunwody, _E,erett, Goldin, Golightly,

Gray, Ham, Hopkins, Hudson, McFarland, Redwine, Starr,

Stewart of the 27th, Stewart of the 34th, '.rbomson, 'furner, \Vestmoreland, \Vilcox, Wooten.

Those nfOit voting we:re Messrs.-

.Atkinson, Battle, Flynt,

Geiger, Stevens, Walker of the 18th,

Witcher, l\Ir. President.

The motion, not having received 1lhe requis~te collSititutional majority, was lost.

The following communication was rcooived from his Ex-cf>llency, the Governo'l', through his Secretary, 1\Ir. '\Varren, to wit:

THuRSDAY, NovEMBER 11, 1897. Mr. Presiderut:

177 .

I am directed by the Governor to deliver to 1the Sen1a.te a c;ommunica:tion in writing.

'Dhe :following miSsage was received from the House through Mr. HaTdin, the Clerk 1lhereof:

Mr. President:

Th'e House 'has eon<mrl"ed i:n tf!he Senalbe a.mendm:ent to House resolution, to wit:

A resolu'ti'On iri.vilting. (]l'ancellor B:oggs to addTess the
.Gene:ml Assembly. Upon motion of Mr. Dunrwody, iihe Governor's message
w.as referred to tfh.e Committee on Lwnatic Asylum.

Upon m01tion of Sooa1Jor StEJIWial"t 'Of 1th.e 27tlli, leave <Yf absence was granted !himself ~and Senators Ooonlas, Golden, Culver, and Sheffield, to visit the Asylum on the 15th.

By unanimous consent, the fullowing 'bill was taken up .am.d put upon its passage:
A bill 'ro creaa:te a Board <Of Dental Ex_~amiri.ers iri. this State.

The bill, 'having been read lfihe -third time, wtas not read IB.gain.

Upon the passage of the bill :Mr. Dunwody called for the ayes and nays, which call was sustained, ;and the vote was as follows:
12s

178

J-OURNAL OF THE SENATE.

Those voting in the affu"'nativ:e were Messrs.-

Brinson, 'Comas, Culver, Dunwody, Everett, IFlewellen, -Golightly, Gray, Ram,

Hopkins, Hudson, Kilpatrick, McFarland, Redwine, Sheffield, Shropshire, Starr, Stewart of the 27th,

Stewart of the 34th. Thomson, Turner, Van Buren, Walker of tbe 40th, \Vestmoreland, Wilcox, Wooten.

'I'.hooe vo'ting in the negative were MCSSTS.-

Allen, Brooke, Carter,

Castleberry, Kemp, Mann,

Stevens, Strother.

'Those a~bsent were Messrs.-

Atkinson, Battle, Blalock, <Jook,

Flynt, Geiger, Goldin,

Walker of the 18th, Witcher, Mr. President.

Ayes 26. N'ays 8.

l'he bill, Jraving received the constittrtioo:al maj'O'ri!ty, passed as .amerrded.

First amendmerrt:

Am'end SU'bsti'bute as rollows: By inserting after tihe word "right" in the eighth line o:f section 1, th-e :foll-owing words, "under the hws of Georgia."

Second amendment:

Amen'd second seoti'On by striking from lf:ihe twenty-

THURSDAY, NovEMBER 11, 1897.

179

~ngh'llh line :thereof 1Jhe figures "1897" am.d inseTt in lieu .thereof "18.9.8/'

Third amendment:
Amend secti!on 3 by inserting after the word "moot" in -the third line thel"'O:f tilie fullowing words: "immedi:arely .after the close o 1the commencement o said Dental Ool1ege in 'llhis State," in iJhe place where such C'Ollege may be Joc~ted and also to meet.

Fourth amen:dm>ent:
Amen:d sectron 7 in ilihe seventtih line by striking the -figU'res 13Jl'd 'W'Ords "4310 o tJhe Oode o 1882" and insel'ltingin l!ieu lihereo the figures and W()IJ."ds "1039 <Y.f volume 3 -of the Oode of 1895."

F~:ftih~mendtnent:

Amend sec'tion 8 1by striking the words and figures "4310 o:f tihe Oode o 1882" in >tili.e si.xiJh 'a:Il!d seventib. lines, and -insartting the W'Ol"<ls and figures as fullO'WS: "1039, volume .3 o 11he Oode of 1895."

Six'lih amendment:
Amend section 9 by striking \llhle words an:d figures "4310 of the Oode o Georgia o 188'2" in tJhe fi:ftJh line, and in:serting in lieu tili.'6reo the words and figures "1039 o vol:ume 3 o the Oode o Georgia ott 1895."

SeventJh amendment: ~<Unend by striking '!Jhe words and figures "fifteen dol-

180

JouRNAL OF THE SENATE.

lrurs ($15.00)" in 1:lhe :fi1lth line of secition 10 and insertingin lieu thereof "ten dollars ($10.00)," and striking thewords and figures in the eigfurtih and nin:tili lines of same section as follows, "five dollars ($5.00)" and inserting in. lieu theTeorf ''fuur doHaxs ($4.00)."
Ei~huh amendmenJt:

Amen:d by striking the words and figures in the twelftlh line of section 11 as :follows, "fifteen dollars ($15.00)" and' inserting in lieu thereof t!he words and :figures "ten dollars ($10.00)."

By unanimous consent, Mr. Comas withdre;w Senate bill No. 78.
By unanimorus consent, Senl'ttor Coin.aS introduced a rewluti<an oh<amging 1:ih.e time a ho[ding ilhe Supea-iO!l' Oourt of Appling oounty.

Refen-ed to Special J'udi:ciary Oommittee.

The rollowing bill was rood first time, to wit: By Mr. Starr-
A hill to amend sectJi:on 1030 o.f volume 3 of the Code of 1895.

Referred to General Judiciary Committee.

By unanimous <eoosent, the following bill was put upon its passage:
A bill to permit defendants boPa fide in possession of" lands. undeT claim of title certain powers.

'THURSDAY, NovEMBER 11, 1897.

181

Upon the passage of tffue bill Mr. Brinson called fO'l" tihe :ayes and nays, whieh oa1l was S'UStained. 'Dhe vote Wlas as .:follOIWS:

'Those wting in 'lfu.e affirmrative were Messrs.-

:Allen, Blalock, Brinson, Castleberry, -comas, Culver, Everett, :Flewellen,

Golightly, Gray, Hopkins, Hudson, :Mann, Sheffielci, Starr, Stevens,

St.ewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 40th, Wooten.

Thase vtating in the negative were Messrs.-

$rooke, .Dunwody,

Ham, Kemp,

Redwine, Shropshire.

Those not voting were Messrs.-

.Atkinson, Battle, Uarter, Cook, Flynt,

Geiger, Goldin, Kilpatrick, McFarland, Walker of the 18th,

Westmoreland, Wilcox, Witcher, Mr. President.

Ayes 24. Nays 6.

The bill, Glaving receie\red 1Jhe requisirtle majority, was
passed.

Mr. Booker, Ohairmrun pro Item. of tJhe Committee on :Engrossing, submii:IJI:ed i!he :Dollowing report:

Mr. Presidmut~ Yrour committee have examined am.d find properly en-
;grossed and ready to be !Jransmitted to 1fu.e House, the folaowing J:>iiJ.s, to wit:

182

JOURNAL OF THE SENATE.

A bill to be enJtitled an act to amend the oharter of the-
town of unJadilla, wnd ror ortlher purposes.

.Also, a bill to be enlllitled an act to 'amend, <!hange and' repeal sec!Ji:cm. 4 of the dh!al'ter of the town of Unadil1a, and for other purposes.

Also, a bill to be entith~,d an !Vet rbo amend the {;harter of tJhe town of UDJadiUa, and for other purposes.

Also, a bill t1Jo be entitled ran aot to quiE!t rbhe title of 1ands in Oamden c<Yl.Fruty, and to provide for the granting same, and for other purposes.
Respectfully submitted.
J. P. BROOKE, ChaiTIUan pro tern.
Mr. Stewart of tih'e 341:Jh district, Ohairman of Committee on Hanks, su'bmii:Jted the rollowing report:

Mr. Pre8idemt:
Your committee 'have had under consideration the foJlowing bills and resolution, which they instruct me to report back with rooarnmen'dation as follows, to wi't:

A bill to be enJI:Jitled an a0t to regul'ate the benefits of all debenture Tedemption companies, etc.

'I1ha:t tJhis bill do pass 'as amended.

Also, !a bill to be entitled an act to regulate the depooilar of seC'Urities by Building and Lawn Associrutions,

'I1hat iJhis bill do pass as amended.

THURSDAY, NovEl\IBER 11, 1897.

183

Also, a joint :resolution providing for the mppointment of 'a oommission to investigate and report the best system for the regulation o the husin'8SS o banking in this State.

That this resolution do not pass.

Respectfully subimit:ted.

STEWART, 34oh District, Oba.irmian.

The following bill was read first rtime, to wit:

By Mr. Hudson-

A bill to amend section 1643, volume 1 o uhe Oode of 1895.

Referred to General J udicitary Oommittee.

By unanimous oonsent, !Jfu.e follm.ving bill was rooommitted to tfue Peniten'tiary Oommibtee:
A bill to give misdemeanor tC~onviots tJhe right to make contracts of la:bor.

By un:aimous consent, Senrete bill No. 2 was made special order for Tuesday next.

Upon motion of ~fr. Gray, SenJate bill No. 30 was made special order for Thursd!ay, November 18th, immedia1Jely after rea,ding of Journal

The privileges of the floor were extended to Mr. J as. Swann, of iih:e city 'Orf New York, during h:is stay in 1:he city.
Also, to Dr. :Marshall A. Laine, of the city of Atlanta.

184

Jourr~AJ, OF TilE SENATE.

Leave of [l!bsence was granted :Messrs. Brutille, Brooke, a'II'd Strothe['.

Upon motion of Mr. Turner, rtJhe Senate adjourned until to-night at 7 :30 o'dock.

Senm:te Oh'amber, Atlanba, Georgi'll, Friday, Norvem~ber 12th, 10 O'dock A. M.

The Senate met pursuant 1Jo adjournment, and was called to ord<er by ifue President.

Prayer was o:ffer.ed by .the Ohaplain.

Upon '!Jhe <Ciall of rtJhe l"oll the foUowing 'IIlembers answered '!Jo tilieir names:

Allen, Blalock, Brinson, Ca1ter, Castleberry, Comas, Cook, Culver, Dunwody, Everett, Flewellen, .Goldin,

Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stevens, Stewart oi the 27th, Thomson, Turner, Va.1 Buren, Walker of the 40th, Westmoreland, Wilcox, Wooten, Mr. President.

Those a:bsent were Messrs.-

Atkinson, Battle, Brooke,

Flynt, Geiger, Stewart of the 34th,

Strother, Walker of the 18th, Witcher.

The J ourrnal 'Of yesterday was read and approved.

FRIDAY, NOVEMBER 12, 1897.

185

:\Ir. Comas Qffered <IJhe following resolll!ti.on:
Resolved, That rtJhe priV'iJeges of 1Jhe cfloor be extended
:to l\Ir. M. J. Horton during !his stay in the city.

R.esoluti:on was agTeed to.
..A resolution by Mr. FleweUen-
Resolved, That the PresidenJt of~e Senate appoint five :membel'S and .the Srpealmr of tJhe House appoint ten members 'llo laok into the tax laws of this Sbate.

ResolutJion was tadopted.

Oommittee on part of SenlaJte is :Messrs. Flewellen, Dunwoody, Kilpa;'trick, Flynt, 'and Allen.

:Mr. Blalock, Ohairmil:j.n of tJhe Oommittee on Fina~, submitted <t:Jhe following report:
.Mr. President: Tthe Oommirttee :on F:in!ance .h,aye iha:d under oonsidera-
tion the following bill and join!t J.esolution, wlhich ttllmy in-
struct me to report back to the Senate with he reoommen.drutri.on thla:t same do pass, ro wit:

A bill to he entitled lail fret to provide fur the validatIng all bonds w'hi'Clh may hereafter be issued :for counties, municipalities, or divisions, ~~nd for other plll"ppses.

A joint ll"esolurtion 1Jo refund to G. W. Ohamlblee one hu'Udred doY.rurs ovoevpa:id by him as speci'al tax in tlhe year 1894.
Respectfully sul::Xmitted. A. C. BLALOCK, <Chairman.

186

JouR~AL OF THE SENATE.

'l\he ollowing m1essage was received from the House through Mr. Hardin, the Clerk thereof:

M r. Presiderot:

The House has piaSSed by the requisiJte C'()lnstitutional
majOTity, the fullowing bills, to wit: A bill to estJablish a city ooul'lt fur the city of V:ald-osba..

Also, a bill Ito a.ut!h:orize tJhe Oomrnissioners of Roads and Revooues of Elbffi't county to .-borrow money, and to provide :for taxation 1Jo meet said obligations.

Also, a bill ro oautfulorize ijjhe Mayor and Council to issue bonds for school purposes for the town of Ellijay.

Also, a bill to protect fish in dle waters of Bibb county.

Also, a bill to amend an act to prohibit t-he sale of intoxicruting drinks in the coun'ty of Franklin.

Also, a bill tto abolish the c:iJty OOUI'It of L0'WD.des county.

Also, a bill to p:rolhtbit 1:lhe manufaclmre iOf spirituous. liquors in Elbert county.

Also, a bill to provide for 'fihe :payment of fees of C()nstablS in transmitting prison/l"S to the oeommon jail.

Also, a bill t!Jo provide :!lor the admission of women pihysicia.ris in ifhe W()man's department .00 Sta;te Luua;tic Asylum.

.Also, 18. bill to appropriaJte $1,000.00 'bo repair certain. maps in .the offic.e of Secretary of St~te.

Also, a bill to amend the charter 'of :the city of Rome..

FRIDAY, NOVEl\IBER 12, 1897.

187

The House has also adopted 1fue rollow~ng resolutiron, in which tfue concurrence of the Sen'a:te is asked, to wit:

A resolution bo appropr~ate $500.00 to pl'Ocure a lifesize p011kait of Ron. Ohas. F. Crisp.

1\he committee on the part o fthe House are Messrs. Wight of Dougherty, Dodson of Sumter.

The rollowing bills were read first time, to wit:

By JYir. Kemp-

A bill to change Md ...'\: the time of 'holding the Superior Courts in the oounties of Wa.Shington, Johnson, Ta:tn,all, Bullock, Emanuel, J e:fferson, and Screven.

Referred to Special J udieiary Oommittee.

By J\fr. Shropshire--

A bill to regulrute the sale Mid distributi<on of dynamite, nitroglycerine, and otJher explosiV'e substances, and for otherpurposes.

Referred to General J udici<ary Oommittee.

By Mr. Starr-

A bill to amend seCition 65 of volume 3 of the Code of 1895.

Referred to General J udicrary Committee.

By Mr. W1ooten-

A bill t0 change the time of holding l\fontgomery Superior Oourt.

188

.JouRNAL oF TnE SENATE.

Referred to General Judiciary Committee.

By Yr. Oomas-

A bilJ to exteii'd lffu'e powers of tbhe Rlailroad Commission :in this Sba:te.

Referred tJo Committee <>n Railroads.

Under tlb:e regular <>rder 1fue foll<>wing House bills were rea:d llhe first time:

By Yr. Swifit-

A bill ilo au:th'Orize and empawer tfJhe Commissioners of Roads and Rffinen'll!es of Elbwt oounty to borrow money.

Referred to Special Judiciary Oommittee.

By Mr. Oliver-

A bill to regulate th:e fees of contsta:bles ror t!-ansmit~ting prisoners 1lo common jails of ifihis SflaJte.

Referred to Gen-eral Judiciary Committee.

"By Yr. West-

A bihl to establish a city oourt in ttJhe city o VaMosta, in 1Jhe C'oun:ty of Lowndes.

Referred to Special J u:dioerary Committee.

~By Yr. Calvin-

A bill to 13ipp!'Oprilate the sum '0' $1,000.00 t!Jo repair worn--outt maps, and :60T other purposes.

.Referred to Committee on Corporations.

FRIDAY, NoVEMBER 12, 1897.

189

By uua.nimous oonsent, the foUowing Senate bill was :vead first time.
By Mr. Blalock-

A bill to enl'3l'ge 'tihe .powers of the Railroad Coill.Dlissioners so oas to give them the power and authority to regu-. late the dharges by rtelephone companies.
RefeiTed 1:Jo Oommittee on Railroads.
The :following bills were read tlhe first time: By Mr. Swift-
A bill rto prohibit the manufacture or sale of intoxicatingliquors in Erber't ,oounf,r.
Referred to Committee on Temperance.
By Mr. Underwood-
A bill to prohibit th:e sale of intOxictaJting liquo!I."S in thev'Ounty of Framklin.
Referred to Special Judi:ci'ary OommitJtee.
Mr. westmore1and, Chrairman. of Committee on En-
grossing, submitted t!he foUowing repo'l't:

M'r. Presiden.t:
The CommitJIJee on Engrossing have examined and found' duiy engrossed and ready 1:Jo be transmitted to the House, the following bills, to wit:
A bill to be entitled an aot <to establi~ a Board of Den-
tal Examiners, prescribe its :pOwers and duties, and to regu-

190

JouRNAL OF THE SENATE.

late d:entimry and rtihe pl"actice thereof, 'and to repeal exjs.ting laws regula;ting ilhe same, and for other purposes.

Also, a 'bill iJo be entitled 'an a-ct to p'e'l'mit defendan!f's .bona fide in possessi'()lll of land under dl8im of title iflo set ofT the value of permi!merut improvements and to rooover the value of sam:e in excess of mesne profits, and or other purp!OSes.

Respe<Mully sublmitted.

G. F. WESTMORELAND, Oh!S.irman.

:By Mr. West-

.'

.A. bill to aiboJisih. tlhe city oouTit of Lowndes.

Referred to OonimitJtee on !Special J udicia.ry. ::By Mr. Reid~
A bill 'bo protect lfih.IE} fish m'llhe Walters 'Of Bibb COllllty.
Referred to Ooom:mitJtee on Special J udicia.ry.

::By Mr. Oalv.in.-

A bill to permit women physicians cel'tlain privileges in :the Asylum..

Referred tto Oommittee on Luna;tic Asylum.

By Mr. Reeoo-

A bill to amend tJhe cl:t'8.rber 'Of ifu.e iflown 'Of Rome, in !IJhe <lounty of Froyd.

Referred to Oommittee on Oorporations.

FRIDAY, NOVEliiBER 12, 1897.

191

A bill empowering the city court of Ellijay to crerute a .debt not to exceed $5,000.00.
Refe1Ted to Oommitee OIJl Corporations. Upon motion of Mr. Berner, :tfue follo<wing Senate bill~ were read second time: .By Mr. Stewart o 34th District-
A bill oo regul!a:te the reports of securities by Building
.and Loan Assooia.'tions. By Mr. Wil~ox~
A bill 1Jo esta:blish ra city court in Douglas.
By Mr. WilcoocA bill to ra:bolish tihe city court of Coffee.
By Mr. Mann-
A bill rbo a!bo1ish f:!he .ChaPter of ct!he town rof Lyons, and
ilo establish 'a new one.
'l\he follrorwing Senate bill was read second time and recommitted iJo General J udiciary Oommi.ttee.
By ::\Ir. Oarter--
To amen'd section 863 of th:e Oode of 1895.
}.fr. Ham, Ohrairman pro tern. of tlhe Engrossing Oomcmirttee, submibteed iJhe :fioUowing report:

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JOURNAL OF TUE ~ENA'J'E.

Mr. Presidemt:

The Engrossing OommirfJtee have mmmined and found properly engrossed and ready ilo be transmitted bo the House, the :following bills, to wit:
.A. bill to esbablisih uhe dty court 'Of Jefferson, in Jackson county.
Respectfully submitted.
T. C. RAM, Ohairman pro tern.
Mr. Redwine, Oba:iTm'an of the Committee on Manuactories, submitted the :following report:
Mr. Pres-ident:

The CommittJee O!Il Manufaooories ihave !ha!d under consideration House bill No. 519, by Mr. J'Oihnson of Hall.

A bill granting to oorpora:trons or individuals ~ or operating plan>t:s or works fur generwting electricity certiain powers, and tlhat 1lhe same do pass by substitute.
Respectfully submitted.
REDWINE, Chairman.

Upon moti()lll of Senator Srewart of the 34th, the fol-
lowing bill was taken from !Jihe ta!ble to be put upon its
passage:
A bill to regulate the benefits of all debeniture companies.

Upon the passage of tJhe bill the ayes were 24, nays 6, and passed as amended.

FRIDAY, NOYEJ\lBER 12, 1897.

193

l'he amendments weTe as follO'WS:

Amendmen1t 1. Amend caption by striking out in linethirteen the words "the treasurer of this State," and insert in lieu thereof the following: "with S'Ome one 'Of the legally aubhorized State depositories of this State, or with a legally incorpoi'ated. and duly authorized trust company, to be selected by the Baaxd of Directors o.f sudh .ili!sociati(ln."

Amendment 2. Amend sectio!D. 1 by sbriking out in vhe sixteenbh line the words the "Treasurer of this State,',. and inserting in lieu tlheroof the following words: "some one of t:lhe legally aUJbhorized State depositories of this State, or wit:lh a legally incorpoX!ated and duly authorized trust C'ompany, to be selected by the Board of Directors of such Association."

Amend section 2 in line tJhirty-nine by inse1ting a:6ter the word "compan.ies" the following words, to wit: ''to ascertain whetJlwr said associations haYe deposited ilhe amotmt of money, bo!D.ds or Qither soom'ities required by this aot."

Amend section 3 in the fourl:!h line by striking out after

the woTd "securities" tihe w-ords with the "Treasurer of this

State."

.

Amend section 4 by striking OU!t in the seventh line

after the word "the" the words "State Treasurer," and in-

serting in lieu thereof the following \\"'rds, to wit: "State depository of trust company holding such securities."

Amend section 5 by striking out in the fifth line after the
1:-!s

194

JOURNAL OF 'l'HE t::)ENATE.

word "deposited" the words "with the State Treasurer," and insert in lieu iihe1-eof it'he following words, to wit: '~under this act." Also, amend section 5 by striking out in the eleventh line after the word "bhc" 1Jhe following words: 'Surte Treasurrer of 'tihis Suate," and insert in lieu thereof the following wmus, Jbo wit: "Sta!be depository or trust company holding su'Clh securities."

Amend secti:on 6 by striking out in line fom,teeruth after the word '~tJhe" the '"'oms "Treasurer of the State" and insertti'Ilg in lieu i!hereof Jtihe following words, to wit: ust:alte depository or tl'llst company holding its securitie.s." Also, amend secti'On 6 by striking out in 'tlhe seventeenibh line the words "State TreasureT'' 13lld inserting in lieu thereof .after the word "witlh" in the six.t.eenrtili li'lle It/he fullowing words, 1lo "1\"It: "sueh StJa:tJe depo:.-itocy or trust oompany."

Upon unanimous consent, tfue :foll'Owing H'Ouse bill was taken up to be put upon ~ts passage:
A bill to autihorize 1:Jhe rec01rding {)f bonds for titles to real esbate.

'.Dhe report -of the oommitbee was disagreed to.

Upon moti'()lll 'Of Mr. ~ligh!tly, the bill was tabled.

J3y unanimous consent, 11ha f'Ollowing Senate bill was put ll'pon its passage:

A bill to inoorporate the tmvn 'Of Fairm.'Ount, in Gordon county, a'Il'<l pl'lolhibit the sale of intoxicruting liquors.

Upon the passage of 1Jhe bill 1!he ayes were 28, nays 0.

FRIDAY, NOVEliiBER 12, 1897.

195

The hill, ih1aving reooi~ed the requisite nmjority, wad ]Passed as amendecl.

First amendment: Amend iby adding after the word "age" in tlhe fift!h line of eection 9 rtJhe :f.ollowing words: "and under fif,ty."

Second amendment: Amend by adding after tihe fig-

worn ures "1039" and before the

"of" in 1ihe twelfth line

.of section 13 rtlhe fullowing words: ''wlume 3."

The :following House bill was read secO'D.d time and re.cO'IDmitted to the General Ju.dici:ary .Committee:

A bill to amernd seerti'On 3704 of J:he Code of Geol'gia.

By una:nimous consen!t, tf:lhe roll'O'W'ing House bills were :read second time, to wit:

A bill to make tlhe coun'ty court of Ran~ock county a Court of record.

Also, oa bill to malm StJaffqrd's office calendar legal evi.denee oowri'llg all daves between ube Y'ears 1490 and 2000.

Also, a billto preventt the 'hunting or eatc!hing of opossums bet"'een tihe first of !faroh and the first of October.

Also, a billfu amend sootiO'll 4118 10f tthe Code of Georgia of 1895.

Also, a bill to more speedily determine habeas co-rpus
.cases.

.Aloo, a bill to creabe a seal for County Booarcls of Edu-

196

JOUR~AL OF TUE 8EXATE.

ca:t~on, and require all Oountty ScJhool Commissioners to place the same on teachers' lioonse.

Also, a bill to provide for ordinary p~o hoc vioo in case of disqualified ordinaries.

A.lso, :a bill to prohibit anesting :offi:cers advising or procuring dismissal or settlement of criminal c-ases, and to pro- vide a penalty for 1lhe same.

Also, a bill to pay jurors from the county treasury in: actions in whioh tlhe -oouruty is interested.
Also, 'a bill to prohibit :the playing of match games of football in this State.
Also, a bill to prohibit 1Jhe tearing up or destroying of macadamized roads in this Statte.

Also, 'a bill to amend sootion 4641 of the Code of 1895.. Also, a billbo amend section 3623 of ilhe Code of 1882.

Also, a bill to amend the charter of the city of Hawkins ville, in Pulaski county, and :for other purposes.

Also, a bill to provide for the oonfirming and Yalidruting all bonds ''"hich may hereaf-ter be issued :for connties, and for other purposes.

Also, a bill to amend secti'On 1047 of the Penal Code.

Also, a bill to amend section 4446 of tl1e Code of 1895.

Tlw following joint resolutions were read seC'ond time, to wit:

FRIDAY, NovEliiBER 12, 1897.

197

Resolution providing a vecomrnend!8Jtion by this Assem'bly that United Sbates SenatO'r.S be eloofled by 1lhe people.

Also, a resolution refunding to G. W. Ohamblee one ~undred dollars overpaid iJa...'l: for the year 1894.

The following joint resolutioo. was 'read first time:

A resolution appropriating $500.00 to pl"ocure a lifesize portrai't of Hon. Ohas. F. Crisp.

Referred to Committee .on Appropri1ations.

)fr. Stewa1t of the 34th moved to adjourn until Mon-day at 12 o'clock, whicJh motion WI3.S lost.

:l\Ir. Golightly moY"ed to adjoum Ullltil :Monday a:t 10 o'clock, which motion was lost.

3fr. Stewart of t!he 27th moved to adjourn until to-mo!l"row at 10 o'clock, ""hich motion was lost.

1Ir. Carter moved to !fldjourn until 'to-morrow at 9 o'elock, '\vhich mo,tion was lost.

~Ir. Stewart of the 34th moved to adjourn until2 o'clock this afternoon, whieth motion was lost.

)Ir. Gray mo1~ed to take a recess for :fi:6teen minutes, w'hich m<Ytfon was lost.

:Mr. Kilpatrick moYed to continue the session until the business on the Clerk's desk was disposed of, which motion was carried.

"Gpon motion of Semrt:or Ste'W'art of the 27tJh the following HolL">e hill<> were indefinitely postponed:

198

JouRNAL oF TilE SENATE.

A bill 'to repeal an 'act creating ~a ~county court m the county of \Valton.

Also, a bill to establish a city court in :Monroe, m the county of Walton.

The following House bills were taken up which were advmsely reported from coiD.lllittee:
A bill to pTovide for the lien of judgments, and for other purposes.
The report of the committee was agreed to and bill lost.

Also, a bill to amend section 1110 of the Pennl Cn<le of 1895.

Report of uhe commitee was 'agTeed to and bill was lost.

Also, a bill to amend section 981 of the Oocle of 1895, volume 3.

Report of the committee ''"as agrred to and bill was lost.

Also, a bill to prdl1ibit 1tt'espa.ssing on public roa<ls in this State.

Report of the c'ommibtee ''"as 'agrrecl to and hill wa.~ lost.

The following House bill was r0acl ibhe scrmHl time:

A bill to fix the fees of constables for executing possesgory warrants.

The committee's Jeport >vas acl,crse to the pas.-age of the bill.

FRIDAY, 1\0VEillBER 12, 1897.

199

'I'he rep011t of the committee was agreed to and the bill was lost.
T1he following joint reoolution was tabled:
A resolution to appoint a commission to investigate and report t<he best system for the regulation of the banking business.
The pri,-ileges of rthe floor was extended to :1Ir. A. T. Hackett, of Hinggold, during his stay in the city.
LeaYe of absence "as granted ~[essrs. \'i:alker, Flewellen, Evorett, Allen, and Culver.
LeaYe of ab~encc was ralso granted sub-committee to visit eamps at Bainbridge and DonaldsonYille for and after Monday.
~fr. Stewart of 3cp(1h m1ove<l to adjourn 11ntil ~Ionday at 11 o'clock.
Senator StC\mrt. mo,ecl as snbstitute that tihe Senate adjomn unt;l ~Ionday at 10 o'clock.
Srnator Golightly moYed as snh::.titute tlmt the Senate adjom'n until to-morrow at 10 o'clock
Senator CnlYer monel as a substitute that t:he Senate sdjourn until ~fonday at 12 o'rl<X'k
The longest time "as put first and "as carrie-d.

200

JOURNAL OF THE SENATE.

Senate Oll'amber, Atlanta, Georgia, Monday, November 15tJh, 12 O'clock ::M.

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

Prayer was ofFered by the Olraplain.

Upon motion of Senator Battle, bhe roll-call was dispE"llsed w1 th.

The .Jonrnal of yesterday was read and approved.

~fr. Battle moved to reconsider the foUowing House bill, to wit:

A bill to regulate the benefits of all debenture redemption companies.

~Ir. Battle called for tJhe ayes and n'ays, which call was sustained.

The vote was a~ follows:

Those voting in the affirmative were 1\Ie;;srs.-

Battle, Brooke, Carter, Cook, Dunwody, Flewellen, Flynt, Geiger,

G-ol<lin,
Go~ightly,
Gray, Kemp, Kilpatrick, Mc.Farland, Redwine, Sheffield,

~hropshire, ~tarr,
Stevens, Turner, \\'estmorelnntl, \Yilcox, Witcher.

Those -.oting in tl1c neg-ati,e were ~fc,;:sr:".-

Rialock,

Mann,

f.:tewart of the 34th,

Brinson,

Stewart of the ~ith, Thomson,

Castleberry,

MoNDAY, KovEMBER 15, 1897.

201

Those not voting were J\fessrs.-

Allen, Atkinson, Comas, Culver, Eyerett,

Ham, Hopkins, Hudson, Strother, Van Buren,

Ayes 23. Nays 7.

Walker of the 18th, Walker of the 40th, \Vooten, JHr. Preside'nt.

The motion, having receiYed the requisite majmity, was caiTied .

.J[r. Stewart of the 34bh moYed to recommit to the Oommittcc on Banks bhe bill just reconsidered, which motion was carried.

The following joint resolution was also recommitted to Committee on Banks.

_,:\. resolution to appoint a comm1sswner to investigrute and report the best system for the regubtion of banking business in this State.

Upon moti<Yn of J\[r. Turner, the session was extende<i until 1:30 o'clock for tlhe pnrposc of reading Honse bills nrst time.

The following message was recei-n~d f1om the House through ::\[r. Hardin, the Clerk thereof:

Mr. President:
The House has pai<sc-cl the following hills h:- the requisite-
constitutional majorit,v, to wit:

A hill to mnPncl the ehartN of the town of Homer, m Eank:: c-0nnh.

202

JOURNAL OF THiil SENATE.

.A.lso, a 'bill fu change tlhe town of LawrenceYille to ilhe city of Lawrenceville.
Also, a bill to abolish the city coill't of Calhoun county.
~\lso, a bill to extend the corporate limits of the city of East Rome.

Also, a bill to amend section 428 of the third V'olume of the Code of 1895.
Also, a bill to amend sootion 655 of the CiYil Oode of 18!l5, to p1oyide additional priYileges to miners.
Also, a bill t.o amend section 657 of the Corle, to pro >ide :for a di,'ision of surplus W''9.ter from mills and facto r1es.
A.lso, a bill to authOTize the Trustees of t:hc Houston :Female College to sell 'tJhe house and lot in 1the town of Perry.

Also, a bill to authorize the l\Iayor and Council of J.aGrange to eroct -and ma1ntain a system of waterworks, electric lights, and sewerage :for the city of LaGrange.

The Honse has also adopted the following resolution, in which t'he concurrence of the Senate is ask-ed, to wit:

A r(>Solntion proYiding for a commission t.o c-ommunicate with the LPgi,;J.atnre:> of different Staves looking to the marking and earing for graYes of Confedmatc ,.ohliers in N Ol~~Iwrn S ta tcs.

'11he following commlmicat.ion was recciYe(l f1om his

MoNDAY, NoVEliBER 15, 1897.

203-

Excellency, the Governor, through Mr. Warren, !his Secretary, to wit:

M1. President:
I am dil"e0ted by t'he G-overnor to deliv('r to the Senate a communication in writing, wit.h accompanying document.

Ex(>Cutive Depa11tmpnt, Athu1ta. Ga., Xovcmher 15th, 1897.

Gentz.cn_u'-n of the General .18scmbly:
I am in receipt of a letter from the Chairman of the Board of Trustees of the University, dated Xovemher 13th, 1807, which reads as follows:

"His E.rccllency, 1rn1. r . .-1tkin8ou, .ltlanta, Ga.:
"Governor:-Developmcnts made since t!l1e pr~ent session of :1Jhe General Assembly began, sho\v that the administrab:ion of the trust in charge of the Baard of Trustees of the 'LniYersity of Georgia is being criticized and by some blamed.

Personally, the Board eonld and would ;>tand that, relying upon time for their vindication, hut the.v feel that there is danger uha:t the educational interests of the State will suffer unless they 'have an opportunity, before anytihing is done in the premises, to be heard before the General As sembly. They believc.' that whatever of adwrsc sentiment exists against the 'Lniver;;ity arises from either misinformation or \\"ant of accurate information about the facts. The

204

J OUltN AL OF 'fliB SBNA'l'M.

Board will moot here next week, :and 'hereby a~k your Excellency 1Jo procure fur tJhem a speedy !hearing before the General Assembly.
I have the holl'or 1Jo be Y oors respootfully, N. J. HA1.i1IO:TI),
Chairman Board of Trustees University of Georgia."

In compliance with this request I respectfully ask tthat at an early date you give to 1thcse public servants, charged by law with the administration of tlhe affairs of the Univet"illity, an opportunity to be heard by the represent.aJtives of tthe people to whom they are responsible.

I earnestly hope th:at you will select, for. t!his hearing, a day and time when you c.an reasonably expect a full abtendnnf'e of tlw members of the General Assembly.

"'Y. Y. ATKI::YSON, GoYem'or.

::\(r. Kilpatrick, Ohairrna.n of tilw Committee on Hailroads, submitted the following r<:>port: Jlr. Prcsidcut:
The Committee on Railroad;; ijm>e had under f'Ons.idcration Honse bill )To. 521, hy ::\Ir. Felder, of Fulton, which i:lhc,v instruct me to report back with t!he recommendation that thP same do pass, to wit:

A hill to amend section 420 of the Criminal Code of
1 8 Di5.'
Respectfully submitted. T. D. IULP .\..TRICK, Chairman.

MoNDAY, NovE:~IBER 15, 1897.

205-

~fr. westmoreland, OhairmaJD. of O'Ommittee on Engrossing, submitted t!he fo.llo'Wing report:

The Committee on Engrossing have examined and found duly engrossed :and ready bo be transmit,ted to ohe House rflh.e f'OllO'\ving bill, 1Jo wit:
A bill to be entitled arn act to incorpomte the town of :Fairmount, in Gordon county, and for 'Other purposes.
Respootfully submitted. G. F. wESTMORELAND, Ohairman.
The GoVTernor's message W'as re:f.erl'ed 1io Committee on, Rules.
The following resolution W'as read and adopted:
By Mr. Battle-
A resolution requesting the House of Representatives tol'eturn certain bills to the Senate for the purpose of mak ing certain clerical correctrons.
By unanimous consent, the following House bill was read the second time, to wit:
A bill granting to corporations or individuals engaged iu eonstruc;ting or owning any pl-ant or works for generating eleotricity certain powers.
Under the regular order the following Honse hills wcrerlad first time, to wit:

206

J"OUll~AL Ol!' 'l'llE ~EriATE.

By l\Ir. Longley-

A bill bo autJhiOri.ze and empower ,tfue ~fayor and Oooncil .of LaGrange to purchase and build waterworks 'llnd electric ligMs, and for CJolJher purposes.

Referred to Committee on. Corporations.

By ~Ir. Duncan-

A billoo auflhorize 1lhe Trustees of Houston F'Illale Ool.lege to sell the house 18Jld lot in Perry.

Referred '00 Committee 'On Edueation.

.By Mr. Oakes-

A bill1to ame111d section 655 of the Civil Oode of 1895.

Referred to General J udici,ary Committee.

By Mil'. Hill-
A bill to amend section 428 of the third volume of the Code 'Of 1895.

Referred to General Judiciary Committee.

By )fr. }!cDonaldA bill to clmnge the name 'Of 11he town of Lawrenceville
to i:the crty of Lawrenceville.

Referred to Oommilltee on 'Special Judiciary.

.By :Mr. EnnisA bill to extend tfue corporate limits of East Rome.

Referred bo Committee on Special Judiciary.

MoNDAY, NovEMBER 15, 1897.

207

By lir. BoyntonA bill tJo abolish rhe county court of Calhoun county. Refen-ed bo Oommitltee on Special Judiciary.
By M\1... OakesA bill to amend section 657 of the Code.

Refer1'8d to OO'llilliJttee on Jfanufa0turing.

By liir. Thompson-
A bill tlo create ia new aha:rter fu;r tihe town of Homer, in 1Jhe county of Banks.

The fuUowing House Tesolutioo wos read first time, to wit:
A resolution providing :fm ta communicati:on with the Legisl<a:t.ures oonoerning 't!he unmarked Confederate graves.
Referred to Committee on the State of 1Jhe Republic. By unanimous consent, I!Jhe foUo'Wing House bills were read second time, uo wit:

-~ bill to eX'tend the 'COl".PPra'De limits of t!he town of Douglasville, Ga.
By :Jir. Felder-
A bill to amend secbioon 420 of the Criminal Oode of 1895.
The :following privilege resolution was adopted:

208

JouRNAL oF THE SENATE.

Inviting }fr. T. R. Atkinson, of the county of Troup, to a seat on tlhe floor of tthe Senate during his stay in the city.

Upon motion of Mr. Turner, the Senate adjourned until to-morrow at 10 o'-clock.

Senate Ohamber, .A:tlanba, Georgia, Tuesday, N ovemboc 16tih, 10 O'clock A. M.

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

Prayer w'as offered by the Ohaplaiin,

Upon tthe coal! of tthe roll the fullowing members answered to their n'alll:es:

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Castle berry, Cook, Dunwody, Flewellen,

Flynt, Geiger, Golightly, Kilpatrick, Mann, Redwine, Starr, Stevens, Stewart of the 34th,

Strother, Thomson, Turner, Van Buren, Walker of the 40th, Wilcox, Witcher, wooten, l\Ir. President.

Those a:bsent were Messrs.-

Carter, Comas, Culver, Everett, Goldin, Gray,

Ham, Hopkins, Hn,!son, , Kemp, l\IcFarlanrl,

Sheffield, Shropshire, Stewart of the 27th, Walker of the 18th, 'Yestmorelaud.

TUESDAY, NOVEMBER 16, 1897.

209

The Journal .of yesterday was rood oand approved. ~fr. Battle, Chairman of the General J udiciru:y Committee, submitted the following report:
jfr. P1esiden.t:

Tlhe General Judiciary Committee have had under oonsidera:tion the :following Sooa:be 'bill, wlli.ich 1Jhey instruct me to repOTt back to the .Sen'a"te with the rooommendruti.on llhat the srune do pass, i:Jo wit:

A bill ro ~amend semion 1643 of volume 1 of the Code of
1895.

The committee !have also had undm coD!Siderrution the following House -bills, whidh they instruct me tJo report back with 1J4e recommendation th1aJt the sam:e do pass, to wit:

A bill fu fix tJhle :fees of constables for transmitting prisoners to jai1.

Also, a bill to amend section 428 of the third volume of the Code of 1895.

The committee have 1also had under consideration the follawing Senate bills, which I am instructed to report back to thle Senate with the recommendation that 1the same do pass as oamended, to wit:

A bill to regulate the distribution arrd sale of dynamite, nitroglycerine, and all other explosiYe substances in this St.ate.
148

210

J OUR8AL OF THE SENATE.

Also, a bill to amend section 65 of volume 3 of the Code of 1895.

Also, rtJhe rollowing Senrate resolution, ""hich they in-
struct me to report back with rtJhe l'ecommendation that the same do pass as ramended:

A :resoluti'On autiliorizing tthe State Librarian to deliver to the Judges of the Northern and Southern Districts of the united States Oourts certairn books.

The committee have also brad under eonsideration the following House bills, 'Wihidh they instruct me to report back to the Senate with t'he recommendation tJhat the same be recommitted to Special Judiciary Committee, to wit:

A bill to create a n'ew charter for tJhe town of Homer, in Banks county.

Also, the following House bill, w'hic:h they instruct me to report back to the Senate with the recommendation tlra:t the same be l'eCOmmibted to 1Jhle Committee on }fining, to wit:

Also, a bill to ramend sectron 655 of the CiYil Code of 1895.

The committee have also 1had under cronsid.eration the
rollowing 'Sena!te 'bill, w'hich thtey instru-ct me vo report
back to the Senate wibh tJhe rec'Olrnnend'ati'On that the same
do not pass, to wit:

A bill to regulrute the trial of issues of f.aoCit before juries

in the several courts of this Sfla.te.

Respectfully submitted.



C. E. BATTLE, Ohairman.

TuESDAY, NovEMBER 16, 1897.

211

~Ir. Golightly, Ohairman of the Committee on Corporations, submitted the following report:

.Jfr. Pre..'5ident:

'I'he Oonunibbee on Oorpomtions have l1ad under consideration the following House bills, which I am directed to report back widh the recommendation t1rat the same do pass as amended, to wit:

Honse bill Xo. 207, to amend the aot incorporating the town of Douglas, in Ooffee county, and :for O'bher purposes.
House bill Xo. 506, to incorporate 1Jhe town of ~fount ville, in the county of Troup, and for other purposes.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

The following message was received from the Honse through )fr. Hardin, -the Clerk thereof:

Mr. President:

The House has passed the :following bills by the requisite constitutional majority.

A bill to repeal an act to create a county oonrt in each county in this SVate so far as the same applies to the county of \Yare.

Also, a bill to autlhorize the city of Way-cross to issue bonds for sewerage system, etc.

Also, a bill to incorporate the town of Ocilla, in Irwin county.

212

JOURNAL OF THE SENATE.

Also, ;a bill to a:bolish the dispensary law of Hart county.

Also, a bill to amend the charter rof 'the town of Rockmart.

Also, a bill to p~ovide or assessors and receivers of ta.x returns of Hawkmsville.

Aloo, a bill to Tepeal an act inoorporating the town of Thomasron.

Also, a bill to :abolish the Hoard 10f Commissioners nf Roads and Revanues of Miller county.

The House :has ruso passed 1tfue fullowing Senate bills by the C'Onstitution1al majority:

.A bill to amend the ~hoartier of Unadilla, in Dooly county, repealing certam sections.

Also, a bill to amend tili.e -c'harter 'Of Unadilla, in Dooly county.

The House ~Jas also concurred in the :following resolution of the Senate:

A resolution recalling Senate bills Nos. '75 and 81 for correcltion.

}.fr. Starr, Ohlairman p11o tern. of 1the Oommittee on Engrossing, submitted 1fue following r~rt:

]}fr. President: The Oommittee on Engrossing have e:x!amined and found
duly engrossed and ready to be transmitted to the House the following bill, to wit:

TuESDAY, NovE::.rBER 16~ 1897.

213

A bill to be entitled an act to amend the clharter of the town of Unadilla, and for other purposes.

Respectfully submitted. 0. N. STARR, Ohairman pro tern.

By unnnimlous consent House bill No. 585 was recommitted ilo Committee on Minimg.

Also, House bill 543 was recommitted to Committee on Speciral Judidary.

'I'he following privilege resolution was adopted:

Resolved, T'hat the privileges 'Of ilhe floor be extended to Hon. Wm. }\f. T'll'mlin during his stay in the city.

Under regular order of business tJhe following Senare bill was read 1fhird time 1Jo be put upon its passage, to wit:

A bill regul,ating the deposits of securities of Building .and Loan Associations in this 'State.

~fr. Battle moved to lay 1fhis bill upon the table, which motion was carried.

Also, the foUmving bill was 1'ead vhird time to be put upon its passage:

By Mr. Mann of the Second Dis!Jr'ict-

A bill to 'abolish the pl'esent charter and crea:te 'a new one :for 'the town of Lyons, in 'llatnall county.

Upon the pass'age of 1fhe bill the ayes w:ere 25, nays 0.

214

JOURNAL OF THE SENATE.

The bill, \having received ~e requisite GO'llstitutional majority, was passed.

The following SEllnate bill was read tlhird time to be put upon its passage:

By J'lfr. Wilc'Ox of iJhe FiftJh District-

A bill to abolish the city c'ourt of Oo::ffee county.

Upon the passage of 'lfue bill the ayes WeTe 23, nays 0.

T:he bill, hav"ing l'eGeived 1fhe 1~equisite constitutronial maj'Ority, was passed.

'Dhe following bill was r~ad third time to be put upon
its passage, to wit:

By :Mr. Wilcox-

A bill to establish a city c:ouT't in Douglas, in the county of Oo::ffee.

Upon the passage of ifue bill the ayes were 24, n-ays 0.

The 'bill, ~mving l'OOei,ned the rrequisite constitutional majority, was passed 'as amend'ed.

The amendments were as follows:

Amend sect5.on 10 of said bill by striking the words "for three years be:f1ore ihis appoin'bmeJITt" in line thirt.een of said section.

Also, amend sec'ti'On 10 'Orf sa:id bill by striking the word "thirty" in line seventeen of said section, and inserting in lieu thereof the wO!l'ds "fifteen."

TuESDAY, NovE:\fBER 16, 1897.

215

Also, amend section 10 of said bill by striking the words "the fees in all other misdemearror cases shall be the same as allowed solici~ors"general in the Superior Courts.

The f>olhm,~ing communication was received from his :Excellency, the Gov1ernor, through J\fr. \Y:arren, his Secretary, to wit:

JJ11'. Ptcsident:

I am directed by the Gm,ernor tlo deliver to the Senate a sealed communication, to WhicJh he respectfully invites the consiclemtion of your (IJ.IOnorable body in executive session.

Ur. Golightly, Ohairman of the Committee on Oorpomtions, subm1tt.ed the foUowing report:

.Mr. President:
Tthe Oonm1itt.ee on 00'1:porati'ons have had under considerwtioo the following House bill, whicih I am di<rected to report bl:tck with tJhe recommendati<on tJhat the same do pa-ss, to wit:

Honse hill ~"to. 643, to autJl110rize and empower the Mayor and Council -of DruGr&nge to purch-ase, build and maint;ain a system of water""orks, elecbric lights, and sewer.age fm the city of LaGmnge; to hold an election on a day .specified, and f0r atJller purposes.

Respectfully su:bmitted.

J. F. GOLIGHTLY, Chairman.

216

JOURNAL OF THE SENATE.

By ui:mnimous oonsen:t, the following bill was read first time:

By :Mr. Stevens of tJhe Eleventh District-

A bill t\> prohibit llhe sale of iillboxicating liquors in the county of Terrell.

Referred bo Oom'mibtee on Special Judiciary.

By unaarimous C'OnSffilt, tihe following joint resolution was wilfudl;arwn :6rom 'l:ihe OommHbee on State of the Republic and rood and adopted:

A resolution by ~Ir. Oalvin providing for oa commission to communicate with tlhe Legisla1tures of the Southern States re1a:tive to tlhe 10on:federa-te graV'es in the X orth.

The followiing Hou'Se 'bill were read tlhird time to be put upon its passage:

By Mr. JO'hnson of Hlall-

A bill ilo gran1t C!Ol"PO!l'ations or individuals generating elootri'City cerbain powers in this StJa:te.

Ttb.e report of ilhe committee was dto pass by substitute.

By motion of Mr. Red"''ine the bill was rtabled.

By Mr. Reid of Bibb-

A bill providing for the V'alidatmg of bonds for counties or municipalities '.issued hereafter.

Upon the passage of 1lhe bill Mir. Thomson called for the ayes and n;ays, whidh call was susllained.

TuESDAY, NoVEliiBER 16, 1897.

217

The vote was 'as follows:

Those voting in the affirmative were 11:essrs.-

Allen, Battle, Blalock, Castle berry, Comas, Cook, Dunwody, Flynt, Geiger,

Golightly, Gray, Kemp, Kilpatrick, Mann, Shropshire, Starr,
Steven~,
Stewart of the 34th,

Strother, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Wilcox, "Witcher, Wooten.

Those not voting were Messrs.-

Atkinson, Brinson, Brooke, Carter, Culver, Everett,

Flewellen, Goldin, Ham, Hopkins, Hudson, McFarland,

Redwine, Sheffield, Stewart of the 27th, 'Vestmoreland, Mr. President.

Ayes 27. Nays 0.

The bill, 1having received the rrequisite constitutional majority, was <passed.

By i~Ir. Edwards-
A bill to mnend section 4446, rela-tive to t!he appointment of sten10g11aphers :for tlhe Superior Courts of this Sta1be.

Report of committee was do pass by substitute.

Report of commitJbee was agreed to. Upon the pasSJage 'Of the bill lfue :ayes were 22, nays 3.

218

JOURNAL OF THE ~ESATE.

The bill, n'O't haYing :received iflhe requisite constitutional majority, was lost.
By MT. :Slaton-

A bill t!o amend section 104'7 of tihe Penal Code of 1895.

By m'Otion of Ur. Bantle, the bill '\Vas laid upon t.hc table. By J\fr. Atkinson-

A bill making &-.afford's almanac legal evide-n-c-e covering the years from 1490 to 2000.

Upon the passage of tJhe billi!he ayes were 25, nays 0.

T.he bill, ~1aving received bh.e requisite constitutionai maj<J~rity, was passed.

By ~fr. Cook-

A bill to prevenlt the hunting or cat.eh~ng of opossums b~tween the first day of ~farch and October of each year.

Upon the passage df tfue bil'l the ayes were 23, .nays 0.

The hill, lh~:~.ving received the requisite constitutional majority, was passed.

By l\fr. Ohapman-

A bill to amend sootiQon 4118 of the Code of 1895.

Upon the pass~are of the b'ill the ayes were 24, nays 2.

The bill, having received the requisite ronstitutional n1ajority, "'~as passed.

TuESDAY, NovE)IBER 16, 1897.

219

By Mr. Collum-

A bill to create a seal fur Oounty Boards of Education, and requicim.g the CounJty Sdhdol Commissioner to place the same on all teachers' licenses.

l!pon ttl1e passage of the bill1lhe ayes were 26, nays 0.

The bill, ihav1ing recei,,ed the requisite C'OnSititutiona1

maj'Ority, ''"as passed.

The following bill was read third time 'and tabled:

A bill to pro'\<ide for ordin:aries pro hoc vice in case of -disqualified ordinaries.

The follo\\ing message 1vru> received from the House through :\Ir. Hardin, rthe Clerk thereof:

T1he House has passed t'he :foll'Owi,ng bill by the requisite oonst.itutional majority, to 1vit:
A bill to estlablish t:he city eorurt 'Of Waycross, in Ware .county.
By unanimous consent, the following Senate hiUs were xead first time:
By :\Ir. Battle-
A bill to amend paragmph 2 of section 2804 of the Oode <l.f 1895.
Referred to General Judiciary Committee.

220

JOURNAL OF THE SENATE.

By Mr. Batt1e-

A hill to amend s~tioon 2805 'Of the Oode of 1895.

Referred to General Judiciary Committee.

By Mr. Gray-

A bill to prohibit 1t1he Sa.le or use 'Of steam boilers in tlhis State th!llt have not metal fusible safety plugs in their crowns.

Referred 1Jo Committee on ):[ianufactories.

Upon motion of Mr. Thomas, the Senrute went into executive session at 11 :20 o'clook.

1'he following resolruti'On was 1ead:

By :Thfr. Battle-

Inviting the Trust.ees of ifue University of Ge'orgia to address uhe General A'Ssembly on the 17th inst., at 10:30 o'clock.

)fr. Turner amended by malking the ~1our 7:30 o'clock p. m., wthioc!h amendment was adopted.

~Ir. Brulltle moV'ed to immediately tran\Smit the resolution just passed to 1the H'Ouse, rwhich motioon was earried.

By unanimous consent, the time of adjournment was eA-tended.

Mr. Berner moved to reconsider ifue action just t'aken on resohl'tion as :follows:

TuEsDAY, NovEMBER 16, 1897.

221

A resolllition inviting rtfue Trustees o 'f:the University to address the General .Assembly at 'l :30 o'clock.

The motion was carried.

The question was upon adopting the .amendment, which makes the time 7:30p.m. instead of 10:30 a.m.

'Dhe amendment was lost.

The questi'On was upon ado-pting the resolution which makes the tim'e 10:30.

~fr. Battle oalled for 1fue ayes and nays, w!hicih call was sustained.

'l'he >ote was -as follows:

Tho!:'e voting in the a:ffinnative were Messrs.-

Allen, Battle, Brinson, Brooke, Dunwody, Flewellen, Flynt, Geiger, Golightly,

Kemp, Kilpatrick, 1\fann, Redwine, Shropshire, Starr, Stevens, Strother,

Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Wilcox, Witcher, Wooten,

Those voting in the negative were Messrs.-

Blalock,

Ca~tleberry 1

Comas,

Tho-ae not yoting were 1\fessrs.-

Atkinson, Carter, Cook, Culver, Everett, Goldin,

Gray, Ham, Hopkins,
Hud~on,
l\lcFarland,

Sheffield, Stewart of the 2ith, Stewart of the 34th, W estmorE!lallfl, Mr. President.

222

JOURNAL OF THE SENATE.

Ayes 25. Nays 3.

The resolution, having received the requisite majority, was adopted.

l\Ir. Battle Ill'OYed to immediately transmit the resolution to the House, which m'otion was carried.

The hour of adjournment having arrhed, the S0nate stands adjournoed until to-morrow at 10 o'clock.

Sen'3.1te Chamber, Atlanta, Georgia, "\Yednesd'ay, No;vember 17th, 10 O'dock A. 1f.

T-he Senarte met pursuant to adjournment, and was ealled to order by the President.

Prayer w'as o:f:rered by the Chaplain.

Upon the call of the roll the following members answered to tfu.eir names:

Allen, Atkinson, Battle, Blalock, Brooke, Castleberry, Comas, Cook, Dunwody, Everett,

Flewellen, Flynt, Gray, Kemp, Kilpatrick, Mann, Redwine, Starr, Strother,

Thomson, Turner, Van Buren, Walker of the 18th. Walker of the 40th, Wilcox, 'Vitcher, Wooten, Mr. President.

\VEDNESDAY, NOVEl\IBER 17, 1897.

223.

Those absent were Messrs.-

Brinson, Carter, Culver, Geiger, Goldin, Golightly,

Ham, Hopkins, Hudson, l\IcFarland, Sheffield,

Shropshire, Stevens, Stewart of the 27th, Stewart of the 34th, 'Vestmoreland.

'I'he Journal of yesterday was relad and confirmed.

The follo,wing privilege 1~esolwtron was l'ead and adopted:

ResolYed, That the priv'il'eges of the fl.{)l(}r be -extended to l\fr. J, H. Henry, of Trotmall county, during 1his stay in the city.

The privileges of tllm floor we1-e also extended tlo }fr. W. A. Shackelford during his sllay in the city.

Also, to the Hon. \V. E. Daird and Judge T. L. Rollton and Hon. C. C. Goodnow, l\Iayor of Fit.zgemld, during their stay in the city.

'Dhe following message was l'eceived from t1he House through :Mr. Hardin, the Clerk tihereof:

M1'. Prcsi.dent:

The House J1as pas...~d the following bills by the requisite constitutional majority.

A bill, to abolish the city court of }fOOToe oounty.

Also, :a bill to amend secti:on 413 of 1fue Oode of 1895.

Also, a bill tto auth01~ze the bmvn of Cusseta to issue bonds for sehool purposes.

224

JouRNAL OF THE SENATE.

Also, a bill ro amend the c'harrer of the toWlil of Washington.

Also, a bill to amend secti:on 815 of the Oode 'Of Georgia 01 the revision of the grand-jury lists.

Ab--o, a bill to amend 1Jhe charter 'Of the town of Buchanan.

Also, a bill to amend an act creating a Board of Oommissione'l."S of Roads !aind Re,"enues for ::\fon'tgomery county.

Also, a bill to estrublish a city court of Borsyth, in :Monroe county.

Also, a bill to repeal !lilie present charter and to enMt a new QID.e for tlhe town of Grmtville, in Oowelba county.

Also, a bi:ll to incorporate the city 'Of Tthtomaston, in Upson county.

T1h.'e House has also passed tJhe following Senate hills by the requisite ooostitutional majority:

A bill to repeal an act est.a:blishing a county court for Appling county.

Also, a bill to csta:blish the city court :of Baxley, m Appling oonnty.

Mr. Battle, Chairman 'Of otlhe General J ucliciary Committee, submitted the following report:

Jlr. President:
The General Judiciary Committee han had nnder considration the followh1g House bill, whie'h they instn1ct me

WEDNESDAY, NOVE)IBF,R 17, 1897.

225

to report back to the Sena:te with the recommendation that the same do pass by substitute, to wit:

A bill to amend section 3704 of 1fue Code of Georgia so as to regulate and prescribe ifue protest fees of no!Jaries publi:c.

Respectfully submitted.

C. E. BATTLE, Ohairman.

By unanimous <>onscrut, I!Jhe follbwing Senate bill >VUS: taken up for the purpose of c'oncun,ing in the House amendmeruts, which amendments were concun-ed in.

A_ bill ro establi::Jh 1fue city court ,of Ha:Jrley, in AP'pling C'Ounty.
'l'he amendments were as foHows:

Amend secti:on 4 in lines 16, 17, and 18 as follows: "The judges of the said eourt of B~"Xlcy shall reeeiYe a salary of $800.00 per year."

Amend section 6 in lines two and t!lu'Ce as foUows: "That there shall he a soEci1Jar of sa:id city court of Baxley, to be appointed by uhe Governor of tihe Soate."

Amend section 8 in lines twro and ifuree as fullows: "Thtat there shall be a sheriff of 'tlhe ci'ty court of Baxley appointred. by 'tl1e judge therC'Of, and that the sheriff of Appling county may be eligible to such appointment.

Amend section 11 in lines two, th1ee and four as :f.oll()!Ws: "That uhe regular term 'Of said city court of B~"Xley shiall
15s

226

JouR~AL oF THE SENATE.

be held on tlhe first J\{ondlll.ys in April, June, August, October, Decembe~r, and February of ooc:h year.

Under lfue regula:r order of business the fullowipg H'Ouse bills were read first time:

.By Mr. RutherfurdA bill to esl:'ablish the city court of Forsyfih, in :Monroe
<COUnty. Referred to Oommitltee on Special J udicia.ry.
By lYir. Freeman'-

A bill to repe'al the present chartet and to enaCit a new one for the tawn of GTantYille, Coweta county.

Referred 'bo Oonunittee 'On Corporations.

By )fr. McCook-

A bill to authorize tl:lhe town council 'Of Cusseba to create a debt not ~o exceed $2,500.00.

Referred tJo Oommittee ron Education.

By ~fr. Arm.strong-
A bill to amend 'tihe charter of tlhe to-wn of Washington, Ga.

Referred to Committee on Oorpomtions.

By ~Ir. Ca]houn-

A bill to crea:te a Board of C'Ommissioners of Roads and ReYenues fur the county of ~fontgomery.

WEDNESDAY, NoVE)IBER 17, 1897.

227

Referred bo Oommilltee on Special Judiciary.

By Mr. OhapmanA bill to amend section 413 of tJhe Penal Code of 1895.

Referred to OommitJtee '()Ill General J udici:ary.

.By Mr. Fogarty-

A bill to amend section 815 o.f the Oode of Georgia.

Referred to Committee 'OD. General Judiciary.

:By }fessrs. Rutherfu.rd 1and \:Vorsham-

A bill to abolish the city court of Monroe county.

Referred to Com:milltee on Special Judiciary.

:By lr. Edwards-

A bill to amend the c'harter of the town '()f Buclhanan, :in the county of Haralson.

Referl'ed bo OommEttee on Educ:ation.

A bill to incorporate oJJhe city of Thomas1Jon, in -the county 1of Upson.
Referred to Committeoe on Oorpora:ti'Ons.
By motion of 1\fr. Gray, Vhe regular mder of business was suspended for the purpose of reading House bills third -:time.

228

JOURNAL OF THE SENATE.

By liir. :FeldeT-
A bill to more speedily det~rmine habeas corpus cases,. -and for other purposes.
Upon the passage 'Of the bill <the ayes werre 23, nays 0..
The bill, having received the requisite constitutional majority, was passed.
By MT. Hawes-
A bill pT<Yhibiting ~arl'esting bfficers advising m pl'Ocuring dismissal O'r seittlemerut of criminal cases, and for otherpurposes.
Upon tJhe passage of 1the bill the ayes were 23, nays 0.

The bill, 1having received the requisite constitutional maj'ority, was passed.

Mr. Shr'opshire, Ohairm;an Qrf Special Judiciary Committee, submitted the following:

Mr. Presidewt:
'I"he Special Jndiciary Comm~ttee ihave 'had under consideration the following bills, whicJh they instruct me to repo'lt back to the Senate witJh the recommendation l!hat same d10 pass, to wit:

A bill to be enti-tled 'an act to change t~1e time of holding Superiorr Court of Appling c'ounty, and for otl1er purposes.

Also, a bill t1o be entitled an act to chnnge '!Jhe time of holding Superior Courts of connties of \Ya5hington, J ()Ibn--

\VEDXEHDAY, NOVEMBER 17, 1897.

229

-son, Tatnall, Bulloch, Emanuel, Je:fferson, and Screven, .and :for o1Jher purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.
~I'l. Shropshire, Chairman of Special Judiciary Committee, submitted the following report:

JJfr. Pres-ident:

The Special J udiciary Committee have had undm consideration the :following bills, v'hich tJhey instruct me to report back '1Jo the Scna:te with 1Jhe recommendation that -same do pass, to wit:

A bill to be entitled an act to extend the corporate limits of the town -of East Rome, and :Bor other pUl'poses.

Also, a bill bo be entitled an act to dhange the town o Lawrenceville to the city of Dawrenceville, :and :fior other purposes.

Also, 1a bill to he entitled an aJCt to 'abolish tlhe city court <Of Downdes county.

AlS'o, a bill uo be entitled an acJt to protect fish in lfue -.vaters of Bibb C'ounty, and :for other purposes.

Also, a bill to be entitled an 'act ilo abolish the ~county o(')Ourt of Calhtoun county, and for othElll' purposes.

Also, a bill to be ent~tled 'aJil act to prohibit the sale o S~pirituous and intoA--ica,ting liquors of an7 kind in Terrell count.r, and for other purposes.

230

JOURNAL OF THE SENATE.

The Special J udic:Uary Committee ihave also 'had under comideTation the follorwing bill, wlh:i!cih tihey instruct me to report back tto the .Senalte with tihe rrecomendation 1Jhat same do pass as amended, to wit:

A bill to be entitled an act to amend an act regulta:ting and prohibitilllg the sale 'Of intoxicating or spirituous liquoll'S in Franklin oounrty, and fur o1Jher purposes.

~he Special Judiciary Committee ihaV'e also had underconsideration 1Jhe rollorwing bill, whiclh they instruct me to report back to ilhe Senate witJh the recommendati001 1:JhJt the 'autho[' be allowed to withdraw the same, to wit:

A bill to create the office of insurance commissioner, and ror ot'her purposes.

Respectfully submitted.

WESLEY SHROPSHIRE, Chairman.

lJpon motion of :Mr. Hatttle, the regular order was displaced for the purpose of reading House bills 1:Jhe first time:

By l\fr. Adams-

A bill to repeal an act inoorporating the town of Thomas-ton, in U :pSon county.

RefeTred 'bo Ooinmittee on Corporations.

By }.llr. Jordam.-

A bill providing :for assessors and recei\"ers of ta..'l: retums for tihe city of Harwkinsville.

Referred to Committee oo Finance.

WEDNESDAY, NOVEMBER .17, 1897.

231

By Mr. Henderson-

A bill to incorporate tfu.e town Qf Ocilla, in Irwin county.

Referred bo Oom'mibtee on Special Judiciary. 'Dhe foHowing message was recelived from the House through Mr. Hardin, the Olerlk tthereof:
Mr. PresiMnt.

The House has concuned in :the :Bollorwing Senate resolution with :a.m:endment, in whioh 'tihe ooncurrenoo of the Senate is asked, to wit:

A resoluti-o!ll convening the General Assembly in joint session to discuss tJhe afl.iairs of 11he U niversi:ty.
By Mr. Bmfu-
A bill to abolish bhe Board of Oommissio:tJ.ers of R01ruds 18lld Revenues in the county of Miller.

RefeiTed to Committee on Corporations. By Mr. Thomas of Ware-
A bill to establish the city court of ''raycrOS'E', m the
county of Wrure.

Referred 1Jo Oommibtee on Special Judiciary.

By Mr. 'I'lromas of WareA bill,to auch'orize tlhe city of \Ya~rcross to issue bonds
not 1lo exceed $50,000.00. Referred to Committee on Corporations.

232

JouRNAL OF THE SENATE.

By :\fr. Leard-

A bill to aboligh t!he dispensary law of Hart county. Referred to Committee on Spec~al Judiciary. By ~fr. 'I'hom:as of WareA bill to repeal the c>mmty court of w;are county.

Referred to Committee on Specral Judiciary.

By :llr. Wright-

A bill to amend tfue charter of the town of Rockmart, in Polk county.

Referred to Oommittoo on Special Judiciary.

Upon motion of J\fr. Turner, the rollmving House bill was laid upon 'tlhe table:

A bill to prolhibit the pl>aying of match games of foothan in this State.

Upon motion of Mr. Battle, 1Jhe following House bills
wel'e read second time:

By :Mr. Unoderwond-

A bill to prohibit tlhe sale of intoxicating liqnors in the county of Franklin.

By :Mr. Boyn1ton-

A bill to abolish the county court of Calhoun cou~ty, and for other purposes.

\VEDNESDAY, NovEliiBER 17, 1897.

23:3

By Mr. Reid-
1\. bill 'to protect fish in 1the waters ,of Bibb county.

By ::\Ir. ::\IcDonald-

A bill to change 'bhe name of the town of Lawrenceville to the city of Lawrenceville.

L pon motion of :Mr. Battle, 1!he following Senate bills were read second time:

By ::\Ir. Hudson-

A bill '1Jo amend section 1643, Yolume 1 of -the Code of 1895.

By )fr. Comas-

A bill to change tlhe time of holding 1:fhe Superi10r court -o Appling county.

Ry ll.fr. Dun'\vrody-

A r-esolution authorizing the State Librarian to deliver .to t1he judges of 't!he United States Court for the Northern and Southern Disti'icts of Georgi:a certain books.

By :Mr. KempA bill to fix the time of h1olding the Superiorr Oom."ts
in the coU'nties of Washi'Ilgton, J o'hnson, Tatnall, BnUock, Emanuel, Jefferson, and Screven.

By lfr. ShropshireA bill to regulate tJhe sale ~and distribution of dynamite
:and other explosive substances in this State.

234

JoUit~AL OF THE SENATE.

By Mr. Htarr-

A bill to 1amend sootion 65 o V'Olume 3 of the Oode of 1895.

The Senate concurred in the House amendment making the hour 11 o'clockinstead o 10:30 to convene in joint session to discuss the affairs o the University with the Board IO Trustees.

The ihour o 11 o'dock \having arrived, tlhe Senate and House want into joint session.
The joint session having dissolved, :the President called i>he Sen:ate to order.

Leave o absence was granted to Mr. Stevens for to-day on. imporbant business.

The hour of 18.dj'Ournment having arrived, the Senate stands adjomned until to-mon'Ow 1a:t 10 o'clock.

SenaJte Ohamber, Atlanta, Georgia, November 18lili, 10 O'clock A. }.f.
'Dhe Senate met pursuant to adjournment, :an:d was called to order by the President.
Prayex was offered by the Ohap~ain.
Upon the call of the roll t!he following members answered to tfueir names:

THURSDAY, NovEMBER 18, 1897.

235>

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook,
Dunwody, Everett, Flewellt"n, Flynt,

G.:-iger, Goldin, Golightly, Gray, Ham, Hopkins, Kemp, Kilpatrick, Mann, .McFarland,
Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th,. Walker of the 40th,. Wilcox.
Witcher, 'Vooten. Mr. President.

Those absent were Messrs.-

Culver,

Hudson,

\Vestmr>reland,

The Journal of yesterday was read and approved.

The reguJ.ar order was taken up, whicili. is a bill

By Mr. Gray-

'I'o prdhibit t!he sale of any intm~ioati'llg, fermented or distilled liqu'OrS in bhis Sbate in less qui3.Iltities than one pint, and for other pu't"poses.

Upon 'agreeing to the report of tlhe committee, whidh is fav'Orable to 1Jhe passage of the bill, )fr. Hopkins called fior tih.e ayes !Ml.d nays, which call was sustained, and the vote was as f.oUows:

Th<:~c voting in the affirmative wel"e :Messrs.-

All.:-n, Atkinson, Brinson, Brooke, Castleberry, Everett, Flewellen,

Flynt, Gray, Hopkins, Kemp, McFarland, Starr,

Strother, 'l'homson, Turner, Walker of the 40th,. Witcher. 'Vooten.

JOURNAL OF THE SENATE.

Those voting m the negative were ?.fessrs.-

Battle, Blalock, Carter, Comas, Cook, Dunwody,

Geiger, Goldin, Golightly, Ham, :\lann,

Redwine, Sheffield, Shropshire, Van Buren, Walker of the 18th,

Those :nlot voting were Messrs.-

Culver, Hudson, Kilpatrick,

Stevens,

\Vestmorel and,

Stewart of the 27th, Wilcox,

Stewart of the il-!th, l\lr. President.

Ayes 19. Nays 16.

The report of 'tlhe committee, h-aving received the reqnis-

ite const!itutional majori'ty, was agreed to.

Upon 1ihe passage of bhe bill )fr. GI'ay called for tlh.e ayes 1and nays, whidh call was sustained.

The V'Ote WtaS as fullows:

Those voting in the affirmative were :Messrs.-

Allen, Atkinson, BrinFon, Brooke, Castleberry, Everett, Flewellen,

Flynt, Gray, Hopkins, Kemp, McFarland, Starr, Stewart of the 3Hh,

Strother, Thomson, TttrnE'r, Walker of the 40th, Witcher,
~ooten.

'l'hose voting in 'the negative were Messrs.-

Battle, Blalock, Carter, Comas, .,Cook,
.iDunwody,

Geiger, Goldin, Golightly, Ham, 1\-Iann, Redwine,

Sheffield, Shropshire, Stewart of the 27th, Van Buren, Walker of the 18th.

THuRSDAY, NovEMBER 18, 1897.

2~T

Those not voting were Messrs.-

Culver, Hudson, Kilpatrick,

Stevens, Westmoreland,

Wilcox, Mr. President.

Ayes 20. Nays 17.

The bill, not having received the requisite oonstitutionar majority, was lost.

'llhe fuHowing message W'!llS reeelived from the House through Mr. Hll.l"d.i!n, 'tJhe Clerk tfu.ereof:

111.1. President:

The House 'has passed the following bills by the requisite oonstitutio:nal majority, tJo wit:

A bill to declaTe the third day of June a legal h'O'liday in this Stra:te.

Alro, a bill tJo a:mend the oharter :o the town of Guyton.
Also, a hill oo prohibit ifue sale of seed cotton in 1!he-
C'Ounty of Jones hetween August 15th and Decemhei- 15th of eaoh year.

Also, a bill tJo authorize county authorities to C'()llldemn lands for macadamizing public roads.

Also, a bill to amend section 982 of t'he Code of Georg~a.

J\fr. Brinson, Chairman of the Oomm~ttee on Enroll-ment, submitted iJhe following report:

:238

JoURNAL OF THE SENATE.

Mr. President:

The Committee 'On Enrollment report '8.S duly enrolled .and ready for the sign~atures of the President of t'he Senoate .Speaker 1of t!he House oof Representatives 'lfue following aot, .to wit:

An act to repaal an lllCt entitled Wl act to establish a .county rourt in oamd for 1Jhe oounty of Appling.

Respectfully submrl'tred.

EDWARD L. BRINSON, Chairman.

Mr. Brinsom., Ohairman o ifue Oommiiltee on Enrollment, submitted the :fioUowing report:

.Mr. Pres-ident:

The .Committee on Enl'ollmen:t report as duly enrolled and roody for the signatures of P.resident of the Senate .and Speaker of otlhe House of Represen'bafJ.ives the following acts, to wit:

An act to amend, ch~a.nge and repeal sootion 4 of the -charter of tlhe tQIWD. of Unadi.lla, in the county 'Of Dooly, .and for other purposes.

Also, an act 'to amend the charter o.f tJhe town of Una.dilla, in the counoty o Dooly, providing for a system of waterworks, and for o'ther puxposes.

Respectfully submitted. EDWARD L. BRINSON, Ohairman.

THURSDAY, NOVEMBER 18, 1897.

2:39

:Mr. Shropshire, Ohaivman 'Of. Speci;al J udiciary Oomm1t-
"tee, submi<tted t!he foll'OW'ing report:

Ml. Presiiient:
1Th.e Special Judiciary Oomrnittee have ihad under 0on.siderati'Oil 1J.h.e foUowing bills, w!hich 'IJhey instruct me to rreport back to the Senrute wi'tili the rooommenda:ti'On that the same do 'I_Jass, to wit:

A bill to be entitled am. act !f:o oreate a new clhia.l"ter fur the town of Homer, in 'Banks coUD'ty, and :flor 10tJher pur_poses.

Also, a bill to be entitled an act to a:bolislb. the dispensary .law of Hrart oolllD.ty.

Respectfully submitted.

.

wESLEY SHROPSHIRE, Chairman.

}fT. Kilpatrick, Ohairrnian l()f Oommittee 'On Railroads, :submitted fue following report:

M-r. President:
Tihe Committee on Railroads !have h!!Ld under consideration the f'OH(}wing bill, which. they instruct me to report ba-dk to bhe Sen'a:te witili the recommendation that the :author at his own request be aUQIWe.d to wiilhdraw the sa:rne, :to wit:

A bill to be entitled -an lB.ct oo au'lfu'Orize municipal oor-
porations to regul<ate street railroad ftorrces, and for otlher :purposes.
Respectfully submitved.
J. D. KILPATRICK, Chairman.

240

JOURNAL OF THE SENATE.

:Messrs. Dunwody a.nid Oarter W'f/re relieved from the
committee vo visit rtili.e N1orma1 Sch'ool at Athens.

Messrs. Golden l!llld V'an Buren were .appointed on the committee to visit the Norrma:l SooiOOll!l:t Athens.

By un'animous CO'll:Semt, the foHowing bill was taken from. 1fue 'table to be put upon its p3SS~llge:

By Mr. Oole--

A hill i:Jo proihtbit the playing of prize or match games of foobball in 1Jhis Sta:te.

Upon ithe passage of 'tfue 'bill ifili.e ayes were 31, D.'ays 4..

'Dhe bill, 'having ~ived the requisite constitution,a:l majority, was passed.

By unanim'OUS <Yonsent, the roll~ng bills were withdr-awn:

By Mr. Strotib.erA bill providing f.or examination of pensi1on rolls by
grrund juries of this Stare.

By :Mr. BlalockA bill to authorize municipal corp'Orations to regulate
stTeelt railwtay fe-es.

By unanimlous consent, tJhe following bills were introduced:

By 1\Ir. BlalockA bill to esta!blish a. p_ublic school in Fulton county out-
side '<Yf Atlanta.

THURSDAY, NOVEl\fBER 18, 1897.

241

Referred to Oommittoo on Educati'On.

By l\Ir. Shropshire-
A bill to inoorporrute tJhe town of Summerville, in 'flhe county of Ohatltooga.
Referred 1:Jo CDmmittee on Special J udici'rury.
By l\Ir. Oomas--
.A. bill to make all suits i:nV'Olving less thrun. $100.00 in the city court rof Baxley tJhe appearance shall be tJhe trial term.
Referred to Committee 001 General Judiciary.
:llr. Turner moYcd to t:ake from lbhe 1Jable the foUowing bill to be put upbn its passage:
A bill to amend section 1039 of V'Olume 3 of the Oode of 1895.

'I'he motion 'Was lost.

By l\Ir. ShropshireA. bill to repeal an act to inoorpol"ate the 'town of Sum-
merYille, in t'he county of Ob.attJryoga. Referred to Comm'ittee on Speci:al J udidary.

By l\fr. Shropshire-
Also, to ~ncol'j_)Orate 1ihe bown of Trion, in iihe county of Chattooga.

Refened to Oommittoo on Specia:l Judiciary.
16s

242

JOURNAL OF TilE ~ENATE.

By :Jir. S'hropshire--

Also, a bill to cstabli.".'h a system of free schools in the town of Haccoon, in Ohattooga county.

Rcfcrrc<.l to Conunittee on Special Judiciary.

By :Jir. Shropshire-

.:\bo, a hill to repeal an act entitled an act to incorporate the to\\n of Trion, in tl1e eounty of Ohattooga.

RcfC>rrcd to ConnnittC<c on Special J n<licinry.

By :Jir. Comas-

~\ hill to regulate the sale 'of intoxicating li(p10rs m .:\ppling county.

RcfcrrC'd to Committee on Temperanre.

:Jir. Smrr, Chairman protem. of Engrossing Committee, submitted tijJe follO'\ring repmt:

J/r. Prc.c;idc11t: The Engrossing Committee haYe examined and found
duly rng:rossecl and r'acly to be transmitted to tlw House, tl1e following hills, to wit:
A bill to be entitled an act to establish the city court of Coff.ee eonnty.
Also, a bill to be entitled an act to establish the charter of t.he tmYn of Lyons, in Tatnall county, and to establis'h a ne" charter for S'ame, and for obl1er purposes.
Respectfully submitted. 0. N. STARR, Chairman.

THURSDAY, NOVEMRER 18, 1897.

243

)Ir. Golightly, Chainnan of tthe Oommittee on Corporations, submitt<>d t.hc following repO'lt:

J.llr. President: The Committe<:> on Corporabions haye had under consid-
eration t:he fonm,ing House bills, wiJ.J..ich I am directed 'llo report. baek wit-h the reeommendation that the same do pass as ametHled, to wit:

Hon:;e bill Xo. 5G1, to inco11rorate the town of Pepperton, in Butt.;; eonnt~', Georgia, and for other purposes.

}d:;;o, uhe following Honse bill, "\'\1hich I am directed 'bo report ba~k with the recommendation that the same do pass, to wit:

IIon:;e bill X o. +02, to amend the dharter of the Uo\Vll of ,,~a;;hington, Ga., and for ot1her purposes.
He;:pf'dfnlly submitted. J. F. GOLIGHTLY, Ohairinan.

)Ir. Starr, Chairman pro tem. of Committee on Engrossing, snlnnitteu the following report:

.:.llr. Prc8i-dcnt: The Commit-tPe -on Engrossing haYe e~aminecl and found
dnly Pngro;;sed mid ready to be hansmitted to 1:1he House the following bill, to wit:

A hil l to he '1ntrt1eJd an aot to esttablislh 'a city court of Douglas, in Cuffc'<l C"Onnt.y, and for otlH~r purp-oses.
Rcspcctfnlly submitted. 0. X. STARR, Ohainn:an pro tern.

244

JouRNAL OF THE SENATE.

Mr. Flewellen, Ohairman of Committee on Pensions, submitted tfhe fO'llowing repor't:

Mr. President: The Oomm~ttee on Pensions have had under considera-
'iiion Senate bill No. 72, whicJh they instruct me ro report
back to ~he Sell'a:te witJh the rooommendation tlhat 'fuc auvho!l.' be allowed to wrthdra:w the same.
Respectfully submitted.
FLE\VELLEN, Chairman.

'Dhe following House Bills were read first time:

By Ur. Rawls~

A bill to amend ohe ch~rter of the town of Guyuon, in uhe oounty of Effingham.

Referred to Committee on Specra:l J udiei'aTy.

By Mr. Oliver---
A bill to dedare the 3d day of J um of each year a legal iJ:roHd.ay, known as Jeffel'Sion Davis's birtJhday.

Reft'rred to Comnrittee 'On Sta:te of the Republic.

By :Mr. OopelandA bill to autil1'0rize the munty authorities of this Sbate
to oondemn laml :fior macadamized road purposes.

Referred to OommitJtee on Gener.al Judiciary.

By )Ir. )fcOrranieA bill to amend section 982 of the Code of Georgia.

THURSDAY, NOVEMBER 18, 1897.

245

Referred to Oommittee on Brunks.

By Mr. Duffy-

A bill to prohibit tJhe sale o seed oottion in the oounty of Jones.

Referred to CommitJtee on Agriculture.

Upon lll(jtion of l\fr. Ca:rter, Senate bill Nio. 53 was postponed until \Yednesday, 11he 24th of No,,embeT, 1897.

Under the regular order Sena'te bills ad"\Toersely repo:rted :from committees :were taken up.

By l\fr. Turner-

A bill to proij1ibit the shooting at turkeys an:d chickens fur gain.

Upon agreeing to tihe report of the committee, Mr. Goldin
c:alled for the ayes and nays, wlb.'ic:h call w'as sustained, am.d 'the vote was as foll'()IWS:

Those "'l"oting in the affirmative were l\fessrs.-

Battle, Brooke, Dunwody, Flewellen, Ham,

Hopkins, Kilpatrick, Mann, Sheffield, Shropshire,

Thomson, Van Buren, Walker of the isth. Witcher.

Those voting in the negative were Messrs.-

Allen, Atkinson, Blalock, Carter, Castleberry, Comas, Culver,

Everett, Flynt, Geij!er, Goldin, Golightly, Kemp, McFarland,

Redwine, Starr, Stewart of the 27th, Stewart of the 34th, Strother, Turner, Walker of the 40th.

246

JOURNAL OF THE SENATE.

Those not voting were ~fessrs.-

Brinson, Cook, Gray,

Hudson, Stevens, \Vestmoreland,

Wilcox, \Vooten, :\Ir. President.

Ayes 14. Xays 21.

The repol't of the commi-ttee, not having recei,ecl a majority, was disagreed to.

'Dhe follo-wing commlmicabi'on was received from his Excellency, the Go.-e~nor, tlnougJJ1 :J[r. \Yarren, his Seertitary, to wit:

Mr. Prcsi.clcnt:

I mn direct.ed by t!he Governor t:o delin'r to the Senate a se<aled C'onununieation, to on41ieh he respectfnJl_,. in.-ites the considemtion 'of Jour htonorruble body in executive seseion.

'Dhe follow-ing Sena<te bills were re-ad second time and tabled, t>o wit:

By :Jir. Starr-
A bill to regul<ate the trial'of issues of :fact before juries in the sev~al courts 'o:f uhi:s Stmte.
By Mr. Gto1igfut1y-
A hill to regula:te tlhe public:atiton of verdicts of Jlll'les rendered in the se~eral c<ourts of this Sta<te.
By unanimons consent, ~he :fioUowing Senate hill was recommitted 'to the General Judiciary Oommibtee:

TuuRSDAY, NovEMBER 18, 1897.

247

By ::\Ir. )fann- .
\.. bill to authorizc tlhe county authorities 'Of this Sta,te
to appoint detect.in~ in certJain cases.

:llr. Gray monxl to extend the sessi'On until the hill under consideration was disposed of, and until the Senate goes inro e:x0cutive e>ession.

The motion was carried.

Tlhe following bill was 1vit!hdrawn by unanimous consoot:

By ::\Ir. AllenA bill tlo prohibit the pl'aying of football in rthis State.

By unanimous consent, t'he following House hill was tak'1.1 up for the purpo.;;e of purt.ing it upon i:ls passage:

By ::\Ir. Felder.A. bill to amend section 420 of the Criminal Oode ro
1893, which is relatiw,) to running fr.cight-hains on Sunday.

L pon !:the passage of bhe hill )fr. Turner called for the ayes ancl nays, wh'idh c1all was susbained.

'.Dhe vote ""as as foUows:

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

Atkinson, Battle, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Cook,

Culver, Dunwody, Everett, Flewellen, Geiger,
t~oldin,
Hopkins, Kilpatrick, Mann,

l\lcFarland, Shropshire, Btarr, Ste,ens, Rtrother, Thomson, Van Buren, 'Vitcher, Wooten.

248

JoURNAl, OF TilE SENATE.

ThOBe voting in the negative were Messrs.-

Flynt, Gray, Ham, Kemp,

Redwine, Sheffield, Stewart of the 27th,

Turner, Walker of the 18th, Walker of the 40th.

Those not voting were ~fessrs.-

Allen, Golightly, Hudson,

Stewart of the 34th, Wilcox,

Wt>stmoreland,

Mr. Prt>sidnt.

Ayes 2'7. Nays 10.

The bill, having received a oonstitu'bional m>ajority, was passed.

llfr. Golightly, Ohainnan of tbe Oommittee on Corporations, submitted the foHowing report:

JJ!r. President:
'Dhe Oomrrnittee ron Corporati,ons have !had under considera:tion the following House bill, which I am directed to report baok wivh tihe reoommenda:tion th'at the same do pass, to wit:

House bill No. 465, to amend the dhiarter of iJh~ city of Rome, S'O as to eA'i!en'd the corporate linrits thereof.

Respectfully submiiJted.

J. F. GOLIGHTLY, Ohai:mrum.

Art 12:55 o'dook 'tlhe Sena:te went into executive session.

By unanimws consent, Sen'a1ie bill No. 2 was made speci,al order for Wednesday of next week.

FRIDAY, NOVEl'IIBER 19, 1897.

249

Leave of abs~7nce '\\"as granted to the committee to visit the Normal School at Athens. The commi-ttee consists o . Messrs. Stewa1t of 27tih District, Van Buren, Sheffield, Blalock, and Goldin.

Leave of absence W'as grunted to )fr. Sheffield :from Friday until \Vednesday next; nlso, Messrs. Oarter and westmoreland.

The hour of adjoornment having arrived, the Senate adjourned until to-morr<)'W s:t 10 o'clock.

Senate Chamber, Atlanta, Ga., November 19th, 1897, 10 O'clock A.M.
The Senate met pursuant to adjomnment, and w.as called to order by the President. Prayer was offered by the Chaplain.
Upon motion of 1\fr. Battle, the roll-call was dispensed with.
The journal of yesterday was read and approYed.
Mr. Redwine, chairmliln of Committee 'O'Il. )f.anufactor>ies, submit.ted the following rep0'l"t:
llfr. President:
The Committee on l\fanufactaries ha:ve had under consideration the foUowing Sen~a.te bill, whicQl they instruct me to rtftpnrt back to ifu.e Senate wi~h the l'e'oommenda.tion that the same do pass, to wit:

250

JOUR~AL 01!: TilE 8ENATE.

A bill to be entit.led an oc~t to prohibit the sale or u,;;e of steam boiler.:; that haYe not metal fusible saJcty-plngs m their crown-soheets or flue~heads, and for ather purposes.

Respc'Ctfully submittcd.

1L L. EVERETT, Ohairme1n pto tcm.

~lr. St.0wart of the Twent.y-senm:th distriet, chairman of the Committee on I~unatic ..:-bylum, submitted the following report:

Mr. President:
The Conunitt<"C on Lunatic .Asylum haYe ha1l nnrler consideration t:he following Honse bill, wlrieh they in,:trnct me to report back to the S(~llate with the l'CC'Ollllllentlation that the same do pa.;;s, to. wit:

A bill to be entitled an act to provide for thf'l admisaion of women-physicians to c-ompenitiYe examination;; for filling "\o"acanciPs whieh may occur in the C'Orps of physicians in tho Lunatic. As~lum, and for other pul'I}_)I()S'CS.

Respectfully submitted.
J. A. STEWART, Chairman.

)Jr. Dunw<Xly, Chairman of Oommitltee on ~Iilitar~-, submittea the follorwing report:

i.lh-. Prcsi.dcnt:
The OQimmittee on )filitary ha,-c hacl under cnHsideration the following hills, which they instrnet me to report baek tlo the Senate with t11C rccommemlalt.ion that same do pass, to wit:

FRIDAY, XovEMBER 19, 1897.

251

A bill to he 0ntitled an ad to proYiue :for the proctuement of a complete roster by companies of all the troops furnished by the State of Gem.gia dtwimg the civil war, and haYe said roster recorded in county from w'lLich tr!Oops were raised, and for other Plll1)oses.

Respectfully submitted.

HE~'TIY .F. DUN\YODY, Ohaimnan.

:i\Ir. Ba'ttle, c1hairnum of the General Judiciary Committee, snhmitted t~he following report:

M1-. President: Tlw GC'Ilwrml .Tmliciary Oommitt.ec haYe had under con-
sideiation uhe following Senate bills, which they instruct me to r<'port back to the Senato with the recommendation trhat the ;;ame do pass, to wit:

A bill to m'ake Cl1iminllll pleadings amendable m this Stat.e.

.Also, a hill to amend section 2805 of the Code of 1895. Also, a hill to amend paragraph 2 of section 2804 of the Code of 1SD5.

Also, the following Honse hill, ''thic:h they instruct me to repmt hack t.o the Senat.e with the reoommendation th1at the same do pass, to wit: t

A hill to amend section 815 of the Code of Georgi:a.

Alo,o, the following- Senate bills, which I am instructed to report hack to tlw Senate with the recommendation that the same do pflss as amended, to wit:

252

JOURNAL OF THE SENATE.

A bill to 1'epeal section 1010 of the Code of this State, adopted December 15th, 1895.

Also, a bill to al'ter >and amend section 974 of the new Code CYf llhis State.

Also, the fuUowing Senate bill, which I am instruct.ed to report back to th'e Senate with the recommndation that the same do pass by suootitute, to wit:

A bill to cil:range the time of holding Montgomery Superior Court, an:d for other purposes.

Also, the followilng Senate bill, which I am instructed to report back to the Sooat.e with the recommendation that the same do not pass, to wit:

A bill to amend ISif!Gtion 863 of the Oode of 1895.

Respectfully submitted.

C. E. BATTLE, Chairman.

Mr. President:

1'he undersigmed member'S of Senate GeneraJ. Judici-ary Committee dissent frtom the fiavorable report made by the committee on Semt.te bill No. 91, being "A bill to be entitled an act to r.epeal section 1010 of the Code of this State, adopted December 15th, 1895, which relates to the prisoner's statemelllt in criminal trials, and also to alter and amend the sub-section No. 2 of section 1011 of the same Code, and so .as to make the prison81r on said trials competent but not compellable to giV'e evi<1enoo for or .against himself," and

FRIDAY, NOVEMBER 19, 1897.

253

we beg leaxe to submit a minority report thereon tiliat said bill do not pass.

Respootfully submitted.

0. N. STARR. EDWD. L. BRINSON.
B. F. 'VALKER.
J. P. BROOKS. 0. H. liA.L~X

~Ir. Starr, chairman of Committee 001 Education, submitted the following report:

.l/1. Pn~sidcnt:
The Oommittec on Education haYe had under consideration the f:ollowirng House bills, which they instruct me to report back bo the Senate with vhe recommendati001 that the snme do pass, to wit:

A hill to be <'nt.itled an act t:o authorize the trmtees of Houston Female College to sell house 1and lot of said college in t~own of Perry, arnd_ for other purposes.

Also, a bill to be entitled an act bo authorize the town rouncil o Cusseta to (m:ate a debit for tbe purpose of er~t~ ing suitable school hnildings in said town of Cusseta, and
for other pm1Joses.

Also, -a hill to he entitled an act to amend the charter of tl1e town of Bnohanan, in 'tlhe county of Haralson, and for other pnrposes.
Respootfully submitted.
0. N. STARR, Chairman.

254

J OUltNAL OF THE SENATE.

The follo\\ing nw&.,age was ree<>i,ed from the House, through )lr. Hardin, the clerk thereof:

Jlr. Prcsid.ent:

The Honse has pa.;;.sed the following bills hy th<" r<(pti,.ite constitnt.ional majority, to wit:

...:\. hill to amend an act, approvC'd December l4t;h, 18!1;), e::::tabli,;hing 'the city e.onrt of Gwinnctt eounty.

AlBo, a b-ill to amend section 1380, Vol. 1, of the' Cotlc of 1SH5 .

.Abo, a hill to establish and maintain a systC'm of public schools outside of Eatocnton, in Putnam county.

~Phe Honse has also a(lopted the following joint resolution, in which t.he eoncnrrence of tJhe Senate i:> a:<kc<l:

...:\. resoh~t:ion to purchase a book of Georgia forms and practioo.

)fr. Redwine, chairman }WO tem. of 1!hc SpC'cial.Jndiciary Committee', suhmitt<"d the following rep-ort:

.1!1. Prc..,id~nt:

The SpC'eial Judiciary Committee have had 1md<'r eon;,id(~ation the following Senate hills, whi0h they instruct me to r{'lport back to tho Sen'ate \Yith the rCJeommeiHlation tl1at rlwy be read the second time and recommitted to Coqwration Conunittt-e, to wit:

A bill to be entHled an act to !incorpo:r'ate t,he town of Trion, in Ohattooga county, and for other purpose's.

FRIDAY, KoYEi\tmm 19, 1897.

255

~\.lso, a hill to be entitle<l an aet to ineorporate the town SummcrYille, in Chattooga county, and for other purposes.

.c\ho, a hill to he f"nt.itled an act to establish a system of free s('1wo1,; in the town of Raeco<m, i~1 Chatto-oga county, ~nd for other purJ)():WS.

_\.];:o, a hill t.o he C"n'i:~tlecl an ad to repeal the present charter of the town of Trion, in Chattoop:a eount.y, and for other puq)oses.

.c\.lso, a llill to llc ('])titled an act to repeal tihe charter of the town of SnmmNTillle, aml for other purposes.

Tlw ~jl('(ial ,Tudieiar~ Committee haw~ also had under coni<lPration the following House hills, which they instruct me to rPpnrt. haek to !1hc Se~mte witJh tho rC'eommendation that ;:nmo he read the second tim<> and recommitted:

..:\. hill to be 0ntitlC'd an act t.o ame11d the ehmier of the town of G nytJon, and for ot.her purpOBes..

.c\l;.;o, a hill to he C'ntitled an aet to estahli;:h a cit;v 0ourt in thC' C'ity of Yaltlo,;ta, and for other purposes.
TIP;:ppet.fnll;v snhmittPcl.

J. E. REDWIXE, Chainnan pro tem.

}fr. \Yalkcr o.f the Fortieth di:;;triet, chairman 'Of Committee on }fines antl }fining, submitted -thE-\ following repOIt:

Jlr. Pnwidcnt:
Tlw Commit'tee on }fines and ~fining ~mve had under consideration the following House bill, which tJ1wy instnwt

256

JoURNAL OF THE SENATE.

me to report lbaek to the Senate with the recommendation thret same do pass, to wit:

A bill to be entitled an act to amend sect.ion 657 of the Code, so IllS to provide for the division of surplus water from mills and factories, and for otJh~er purposes.

Respectfully submitted.

"\VALI\:ER of the 40th, Ohairman.

::\Ir. Golightly, chairman of tlhe Committee on Corporations, submitted tlhe following report:

J/1'. Presi.d.en.t:
The Oommitree on Corporations have had under consideration tlhe following House bill, whieh I am directed to report back witth uhe recomm<:mdation that the same do pass, to wit:

Honse bill X o. 478, to authorize and empower the mayor and conncil of Ellijay to -create a debt not exeee~ing five t.hrousand doUars to erect .a school building, and for other purposes.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

}fr. Stewart of the Thrirty-fourtili district, crhairman o

Committee on Banl"S, submitted the following report:

Jfr. Prc.<Jidoent: The Committee on Bamks l1ave had under consi(leration
the following Honse bill and ioint resolution, "\V.hich they

FRIDAY, NovEMBER 19, 1897.
instruct me to re.port black to the Senate with the recom.mendabion i:lhat the same do pass, to wit:
A bill to be entitled an act to amend section 982 of the Code of Gemgia.
Also, a joint resolution providing for the appointment of a commission to inYeetiga'te and report tlhe best system of regulating banking in this State.
The Committe on Hanks haYe also had under co'JJ.Sideration the following House bill, which they instruct me to report ba:ck with the l'e1Commenc1ation that the same do pass a.s amended, to wit:
...:\.. bill to be entitled an act to regulate the benedits of all debe'llture reden"1ption companies, etc.
Respectfully submitted.
STEWART (34th Disuict), Chairman.
By unanimous consent, House and Senate bills favorably reported from committees be taken up and read sec:ond time.
By :\Ir. \\ooten-
A bill to change the time of holding 1ontgomery superior court; to provide foT a 1Jwo weeks' court.
By :\Ir. Battle-
A bill to amend parag"laph second or section 2804 of the Code of 1895.
Also, a bill to amend section 2805 of the Code of 1895.
17s

258

JOURNAL OF THE SENATE.

By ltJ:r. Gray-

A bill to prohibit tJhe sale or use of steam-boilers in this State that have not metal :fu&ble safety-plugs in their crowns.

The following Senate bills were read seoorrd time and recommitted 'tJo Committee on Corporations:

By :Mr. Shropshire-
A bill to incorp()ll'!ate the tmvn of Tr~on, m Cha-ttooga county.

Also, a bill to inco11po~rate the town of Summerville, in the countyo:f Ohattooga.

.Also, a bill to amend an aot ineorporating the town of Summerville, in Ohattooga CJount.y.
.
.Also, a bill t:o repeal an act incorporating tJhe to-wn of Trion, in Ohattooga county.

Also, a bill to estJablish a system of free soh'ools in Raccoon, in Ohattooga county.

The :followi.ng House bills were read second time, to wit:

By 1fr. J_,eard.A bill to a.bolish the dispensary la'\V in Ha.rt county.

By :Mr. Thomas of vVar.e-
A bill i:lo amend an act incorporating the town of Dougl~s, in CofFee county.

FRIDAY, NovEMBER 19, 1897.

259

By l\fr. Oliver-

A bill to provide for the payment o ronsta.ble :fees in transmitting prisoners t.o common jails of this State.

By ::llr. ReooEr-

A bill to .amend llhe ohia.rter of o!fue city of Rome, in Floyd
county.

By~IT.En.nis-

A bill to extend tlhe oorporate limits of East Rome. By )Ir. West-

A .bill to abolish the city court of Lo.wndes c10unty. By )Ir. Thompson-

A 1hillto orerute a n1\V eb.larr-ter fur the town of Harner, in B8ill:ks coun:ty.

By )fessrs. Bro'l\'ll and Jorcran-

A bill to amend the charter of the town of Hawkinsville, in Pulaski county.

By :Air. Loogley-
.A bill to authorize the m'ayor and city cmmcil of LaGrange to purchase suitable build~n;gs and m'ain'tain a system o:f water-works.

By )[r. Ogl-e!Jree-

A bi11 to iooorpomte the town of PeppertOIIl, in the county o Butts.

260

JOURNAL OF THE SENATE.

By Mr. Hill-

A bill to amend section 428 of Vol. 3 of the Code of 1895.

By Mr. Longley-

A bill to incorporate 1Jhe town of ::Hountville, in the county of Troup.

By )fr. Calvin-

A bill for the admission 'Of womoo-phys.icians to written comptitive examination with male physicians at the Lunatic Asylum.

By )fr. Dunoon-

A bill to authorize the trustees of the Houston Female College to sell the house an.d lot in Perry.

By )fr. Watkins -

A, biJl to arutho:cize the ci'ty authorities of Ellijay to issue
bonds not tJo exceed $5,000.

By J\fr. OaksA bill to amend sect-ion 657 of the Oode IY.f 1895.

By Yr. EdWia.l'dsA bill t!o 1amend the ch,a.rter of ~the town of Bnclhanan,
in Haralsoo county.

By )fr. MoOaokA bill-to empower the ifiown,coundl of Cusseta to create
a debt not to exceed $2,500.

FRIDAY, NOVEl\ffiER 19, 1897.

261

By Mr. Fogarty-

A bill to amend secth:m 815 of the Code of Georgia.

Ry Mr. Pea.rce--

A bill to provide fo~ .a complete roster by companies of all the troops furnished by the State of Georgia. to the civil war.

By 1\fr. West-

A bill to establish a city oourt in the city of Valdosba, Lownd5 county.

By )fr. A.rmstroog-

A bill to amend tlhe 0harter o the town of W'aSMngton, in Wilkes county.

By 1\fr. 1\fcCranie--

A bill Ito amen'd section 982 of the .Code of Georgila.

Also, tJhe following joint resolutions:

By 1\ir. Calvin-

Providing for a commission to investigate .and report the best system fOT regulating banking business in this State.

The following Senate resolutioo was read and adopted:

By 1\fr. Everett:

RSoll'ed, That the President of the Senate be !IJUiJhorized to appoint SL-..:: pages, the same as last year.

'llhe :fiollowung Senate bills were rood the first time:

262

JOUR~AL OF THE SENATE.

By }fr. Gl'ay-

A bill to increase the rank 'Of the Adjutant-General of this State.

Refetted to Committee on Military.

By 1\fr. Starr-

A bill to amend section 859 of V.ol. 3 of the Gode. Referred to Oommitbee oo General Judiciary.

Also, a bill to amend section 858 of Vol. 3 of the Code.

'Tthe following HO'Use ibills were I'E-Jald the the first time:

By ~fr. Rwwls-

A bill to amend tili.e charter of the town of Guyton.

Refered to Oommittee on Special Judiciary.

By 1\fr. Jenkins-

A bill to maintain a public school system for Putnam county 01utside 'O!f .Eatonton.

Referred to Committee on Educati'On.

By Mr. 1\fCJDon~ald-

A bill to abolish the city court 'Of Gwin:noett county.
Refen'e'd io Coon:Ill!i.ttee '0!11 Special J udida;ry.

By 1\fr. Hitcih-

A bill to amend section 1389 o Vol. 1 of uhe Code o Georgia.

FRIDAY, NOVEMBER 19, 1897.

263

Referred to Oommittee on Education.

Also, the fol1owing joint resolutio'll:

By ~Ir. Boifeuillet-

. A resolubion to subscribe fm and purchase copies of a book of Georgira Fmws and PI'a:e;tioo.

Referred to Committee on Appropriations. The foUowing Sen:ate bill was read the second time: .By Mr. Steven&A bill to p1'0hibit the sale of intoxicating liquors in the county of T.ea:rell.

Upoo motion of :Mr. Geiger, 'tihie-t SenaJte took a reoogs of toon minutes at 11:05 o'clock.

The Senate was called to 'Order at 11:20 o'clock.

Upo'll motion oi Mr. Hopkins, the Senate took a recess until12 o'clock.

The Senate wns again called to &der at 12 o'olock.

The following communication was received f1<om his Exoollelllcy the Governor, through Mr. Warren, his secretary, to wit:

llfr. Pre.sid.en~t:
I am..directed by tihe Governor to deliveor to the Sen.ate a
.. sealed oommun!iootion, to which he r.espectfully invites the consideration of your honorable body, :in executive session.

264

JouRNAL OF THE SENATE.

Mr. Golightly, chairman of the Committee on Corporations, submitted the fo1lowing report:

Mr. Presidnrut: The Oommitooe on Oorpora:tions have h1ad under consiQ.-
eration the following House bill, which I am directed to report baJCk with the recommendation that the same do pass as amended, to wit:
House bill No. 515, to incorpomte the city of Thomaston, and for other purposes.

.A1..~, the foHowing House bill, which I 'am directed to report baock witili. bhe recommendation that the same do pass, to wit:
House bill No. 514, to repeal t.he. act to incorporate thB town of Thomaston.
Reepectfully submitted.
J. F. GOLIGHTLY, Chairman.
Mr. Redwine, chairman p1o tern. of Special Judiciary Committee, submitted the follo\viong report:

Jfr. Presid-ent: The Specioal J udiciary Oommittee have had under con-
sideration tihe following. House bill, which they instruct m'-1 to report h'a.ck wi:t:th the recommend.ation that same do pass, te wit:
.A bill to be ell'titled an act to inc'Orpo:r'ate the town of OciUa, in Irwin CJourrty, an'd for O'bher pn1"poses.
R-espectfully submitted.
J. E. REDWINE, Olrairman pro tern.

FRIDAY, NOVEllffiER 19, 1897.

265

Upon motion of J\Ir. Gray, the Sooate went into executive session at 12:55 o'clock

By unanimous oonsemt, ilhe following House hills were read the secorrd time.

By J\fr. HendersonA bill to incorporate the town of Ocilla, in Irwin county.

By :llr. Adams-
A bill to rurnend an act to inoorpomte 1fue toiWll of Thom-
aston, in Upson county.

Also, a bill to moorporate the town of Thomaston, in Upson county.

Lea;-es of .absaruce were gtanted to J\Iessrs. Cook, Shropghire, and iGlpatrick until-next Monday afternoon, to visit convict camp.

Also, to )fSS1-s. Atkinson, Mc:E1arlarud, Walker of th~; :Fortieth, Everett, :il-Iann, and Geige~ until - - - - - to visit convict camp.

AJso, to Sen:ator Castleberry, on account of sickness.

Also, to Senator Brinson, until Tuesd'ay, on a-ccount of important business.

Also, to Senta:tor Kemp, for :Monday.

~Ir. Battle miOved to adjourn until J\Iood'ay at 9 o'clock.

Senator Gray moved to .amend by making it 10 o'clock.

Senator Stewaxt of 1Jh:e Thirty-fourth moved to make the honr 12 o'clock.

266

JouRNAL OF THE SE~ATE.

1'he longest time being put first, the Senate adjourned until ~Ioncbay at 12 o'clock._

Senate Ohamber, Atlanta, Ga., M:ontl!ay, N'Overnlber 22, 12 O'cloc:k ~f.

The SeD.'ate met pursuant to adjournment, and was called to order by ifu.e President. Prttyer w.as offered by the Ch'aJplain.

Upon the call of the roH, the foHowing members answel'ed to their n:ames:

Allen, Atkinson, Battle, Blalock, Brooke, Culver, Dunwody, Everett, Flewellen, Flynt, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, McFarland, Shropshire, Starr,

Stewart of the 34th, Strother, Turner, Van Buren, Walker of the 18th, Walker of the 40th, 'Vestmoreland, Witcher, 'Vooten, Mr. President.

Those a:bsent were M:eBSrs.-

Brinson, Carter, Castleberry, , Comas,

Cook, Kemp, Redwine, Sheffield,

Stevens, Stewart of the 27th, Thomson, Wilcox.

The journ!al of yesuerday was read 13Jld approved.

The foH01wling message was reoeived from tlhe House, through Mr. Hard.:im., the Clerk thereof:

MoNDAY, NovEMBER 22, 1897.

267

M1'. Presiikn;t:

The House th'aS passed the :following bills by the requisite oonstJitutiomrl majority, to wit:

A bill to be entitled an act to Ol"eate tihe offioo of -co~ sioner o:f public works for vhte city of Savta:nnaih.

Also, a bill to amend the dhi8a1.er of the town of N erwton, in Baker county.

Also, a bill tro ineorpO'l'abe the town of \Yoodstock, in Decatur county.

Also, a bill to incorporate the town of Dona.ldsonville, in Cherokee ooun'ty.

Also, a bill to amend tthe oha1'ter o:f the city of Atlanta.

Also, a bill to amend an a:ct estJa,blishing a system of public schools in the town of Dahlonega, in Lumpkin OOUlllty.

Also, a bill to provide for insolvent costs of solicitor; to 1.1epeal the act of February 28tih, 1876.

Also_, a bill to provide for the levy and collectioo Oif a tax for school purposes in the town of Lincolnton,. in Lincoln -en un:t.y.

Also, a bill tJo prohibit the manufacture of spirituous liquors in ::\Ioeriweuher county.

Also, a bill to regubte tbhe distribution of funds 'a-rising from fines and for.feitures in the oouruty ooul't of Wilk$ county.

268

JOURNAL OF THE SENATE.

Also, a bill to establish .a dispensary for the town of :Morgan, in Oa:lill!oun county.

'Dhe House has also adoptd the following resolution, in which the conculll.-ence 'Of the Senate is asked:

A resolution appointing a joint committee of ten from the House and five from the Senate to visit and report the condition of the N onnal School at Athens.

Also, a res-olutio?- inviting Ron. J. ~ )f. Curry and Hon. James WilsO'll to address the General Assembly oo N o:vember 29tlh, at 11 o'clock.

The Hou5e has concurred ci.n the following Senate resolution, to wit:

A resolution to provide for a committee of five from the Senl3.te and ten f'lom the House to re~vise the ta...x laws of tJb:e State.

The oommittee on tlhe part of the House are }fessrs. Oliver, Oalvin, Pace, Redding, Pa:ttoo, Moore, Edwards, Mc1fichael, Reese, Carnn:O'll.

'I'lre House has concurred in the Senate amendment to the :foliowing House bill, to wit:

A hill to pr<Yhibit 1fue playing of football in tihis State.

~fr. Kilpatrick, chairman of the R.aill'O'ad Committee, submitted the follOIWling report.:

J.Jr. Prcside.n.t: The Railroad Committee harve had under consideration
the following Serrate bills, which they im.struct me to repoct

MONDAY, .NOVEMBER 22, 1897.

269

back to the Senate with the recommendation that the same do not pass, to wit:
A bill to ext.end ilhe powers of the Rlailro~ad Commissioners so as tJo give bhem power and authority to regulate 1he charg$ of sleeping-car companies.

Also, a bill to ooJ.a.rge tfue powers of the R:ailrO!ad Oomm1saion~rs, so as to g'iYe them porwer !flnd authodty to regulate tlw charges of telephone companies.

Respectrnlly submitted.

J. D. KILPATRICK, Cll'adrmrun.

Mr. StruT, dhairman of Committee on Eduootion, submittecl the following report:

Mr. P1'Csiilent :

'f;he Committro on Eduootion haYe had under consideration the following House bill, \VIhich they instruct me to 11eport back to tihe Senate with the recommendation that same do pass, to wit:

A bill to be entitled arr1 ac.t 1J_o amend an act establishing a system of public schools ~n Fulton oounty, outside of the
city of Atlranta, so as to make the county treasurer of Fulton county treasurer of Fulton oonnty board of education.

Respectfully submitted.

0. N. STARR, Qllrairm'all.

I1oo:ves o.f ah'le:n.ce were g-ranted toO ~fessrs. wit.cher, Oo<>k, Stewa.rt o.f tihe Twenty-se:venth, a!Ild Kemp.

270

JOURNAL OF THE SENATE.

Under regular order, the :following Senate bill was read the :first time:

By lfr. Bl'aJ.ock-

A bill to limit the amount of compensati001. fu be paid ordiD'aries, clerk of superior court, sheriff, tax collector, tax receiver, comnrissioners, ~an:d court sflell!ogr.a:pll'ers in this State, in counties of more tih:an 60,000 inlha:bitan1:s.

Refened to Committee on Speci:a!l J udi:ciary.

lJnder 11egrular ordell, tlhe following House bills were read the :first time:

By Messrs. :Wielidrim, 1\IcDooough, and Dun-oon-

A bill to create the officel of oolllll11.issioner of public works in the city of s~van:DJah.

Referred tJo Committee on Special Judiciary.

By )fr. Armstrong-

A bill to regulate the distribution of the fuml arising from :fines a:nd forfelitures in the C'ounty of wilkes.

Referred to Committee on Special J udicital'Y

By )Ir. Taylor-

A bill to make it unlawful to manufaduro alcoholic spirits in t.he conn.ty of )feriwether.

Referred to Committ.ee on Temperance.

MoNDAY, NovEMBER 22, 1897.

271

By ::Mr. Cha1't~s-

A bill to amend an a:et estJahlish.i'llg a public sch'ooi system in. the town o. Dahlonega, in Lumpkin. county.

Referred to Oommittee on Corpor3!tions.

By ~fr. ArmstrongA bill to l?rovidoe for insolvent oosts of solicitors, and for
other purpOSf!. Referred to Committee on General Judiciary.

By ].fr. Fe,lderA bill to amend the charter .of the city of Atlanm. Referred to Committee on Special Judiciary.

By }fr. 1fc0ookA bill to rll'corporat1 the town of Don1aldsonville, in De-
catur coun.ty. Referred to Oommi'ttee on OorporaJtions.

By }fr. Joihnoon of BakeTA bill t.o amend 3Jl1 act incorpor.ating the town of New-
ton, in Baker cotmty. Refer'l'ed to 00'lllmibtee on Speeial Judiciary.

By }fr. Webb-
A bill to amend arn act irrcorpor.ating the town of Woodstock, in t.he >eonnty of Cherokee.

272

JOURNAL OF ~HE SENATE.

Refen-ed to Oommittee on Corporation~.

By :Mr. Hogan-
A bill oo allow 1ihe town authorities of Linoolnb&n, l!lll Lincoln colll1lty, to lffiry a ta..x not to exceed one-<half of one
per cent.

Referred to Committee on Education.
By Mr. Boynton-
A bill to establish, maintain, and ~egnlate a dispensary in )forg,an, Oa.lhoU!ll county.
Referred tJo Committee on Tennpe~ance.
'I'he following j<>int resolution was reJad 1and concurred in:
By :M:r. Paoo. A resolutioo inviting rthe Ron. J. L. :i\:L Onny and the Ron. James WilsO'll to address the General Assembly on Novembor 29th, at 11 o'clock.
The foUowing House res'olution was retad and concurred in:

By :llr. Thomas of Clark-

A resolution appointing a joint committee of ten from the House aDJd :five from the Senate to visit ~nd ~eport the conditiO'll of the StateNormal Scihool at Athens.

The committee o0n the part of the Senate are :i\fe8rs. St.e:wart <>f the Twenty-sev-enth, Carter, Shedfield, Blalock, Dunwody.

MoNDAY, NovEMBER 22, 1897.

273

By unia;nimous consent., the foll'Owing Senate bill was read second time:

By Mr. BlalockA bill t.o amend -an a~t. e5baJblis:hing a sysligm of public
schools in }'ul<ton county, out side of Atlarrt!a.

"["nder the regular order, the fol.Iowing House bills were read bhird time to be put upon 1Jheir passage:

By Mr. LangleyA bill to authorize the city autl10'rities of LaGrange to
purchase, build and maa:ntain a system of water-works.

Upon the passage orf bhe hill tJhe ayes were 23; nays 0.

Tlhe bill, having rcceiYed the requisite constiJtutionalmaj-ority, was passed.

Also, a bill to inc-orporate the town of )fountville) in uhe county of Troup.

"C"pon -tili.e pass~! of the bill, 1Jhe ayes were 24; nays 0.

The bill, having receiYerd the requisite constitutional majority, was passed as amended. T'he amendments were as follows:

First amendment: Amend by adding a:ft.er the word "to,wn" and before tll1e word "is" in the ninth line of section 4 the word "who."

Second amendmerut: By striking after the word "shall" in the second line of section 7 the following words, to wit: "be ex-"Offioio a justice of the pea:ce, and shall."
18s

274

JOURNAL OF THE SENATE.

1'hird amendment: And by adding after the wcrd "&ho"\Ys" in the twelfth line of section 10 the following words, to wit: "professions or business."

By unauim'Ous oonsentt, bhe time of adjournment mas extended until 1:30 o'clock.

A bill to ineorporate the town of Peppertoo, m the county of Butts.
r pon t.he passage of the bill, the ayes were 24, nays 0.

The bill, !raving received the requisite consti.tnt,icm~al majority, was pias..o.ed ru; amended. The amenldment was as follo\Ys:

,;\.mend by shiking from the last line of section 6 the words "God and t!he holy sc.riptures heLping me so to to do," aml insert in lien thmeof the foUowiug ""ords: "So help me, God."

By 1Ir. 1IcDonnld.A hill to C"hange the n.ame of the town of Lawrenceville
to the city ad: ilawrenceville.

Upon the pussage of tlhre bill, -ehe ayes vvel"El 23; nays 0.

The hill, haxing re.....,eived the requisite constitntionalmajorit~, was passed.

BY 1Ir. 1IcLartY-

&.

'

A hill to extend tJhe corporate limits of Douglasville, in

Douglas county.

MoNDAY, NovE)fBER 22, 1897.

275

L pOill. the passag-e of the bill, the 1ayes were 23; nays 0.

The bill, ;having roceaved the requisite CO'llStitutional majority, wa-s pa...qged.

By }Ir. Edwards-
A bill to amend the charter -of the town of Bu~hanan, in the county of Haralson, so us :flo create a board of education.

L pon the passage of vhe bill, 1lhe ayes wel'l123; nays 0.

The bill, having received :the requiSite cO!OStitu'tional
majority, ''US passed.

By )Ir. Ad'ams-

..:\_ bill to replft'll an act inrorpora:ting tihe town of ~homas
tou, in "Gpson coun1ty.

l::"pon the pass~age of the bill rtlhe ayetJ we11.-e 23, nays 0.

The bill, having re'cei,ed the 1-equisirte constituional majority, was passed.

B~ }Ir.\rmstrong-

.A bill to amend the charter of the town of Washington, 'Yilkes county.
r pon the passage of th~ bill, tlh.e ayes W'el'E'! 23; nays 0.

The bill, haYing 1'<-'eeived the requisite constitutional majorit~, was passel.

276

JOURNAL Olr THE SENATE.

By :Mr. Ennis of Floyd-

A bill iJo extem.d the limits of East Rome, in Floyd couruty.

Up<l'Il tJhe passage of tJhre bill, 1fue ayes were,23; nays 0.

Tihe bill, iJ:raving Deceived the requisite constitut.ional majority, was passed.

By :M:r. Henderson-
A bill to inoorpomre 1ihe town of Ocilla, in Irwin county.

Upon the passag"CC of the bill, -t!he .ayes were 24.

The bill, lraving received tihe requisite constitutional majol'ity, was passed.

By Mr. Thomas of vVru-~

A bill to amend an act inoorpomting bhe town of Douglas, in Ooffee county.
Upon rtJhe passage of tfuie bill, 1fue ayes '",er.Ef 23; nays 0.

Th>e lbill, having reooived uhe requisite constitutional majority, W\9.S pi9.SSed as amended. The amendments wm,e as follows:

FU.rst amendmell't: Amend -by a1dding rfJhe word "ll'ot" in the see:ond line of section 9 rafter the word "tax."

Second amendme111t: Amend by striking the words "business or licemse" im. bhe thi1d line of secbi:on 10, and by striking all of l-ine four in section 10, and by striking the following words: "in said city also" in the fifth line of section 10.

TuESDAY, NovE)fBER 23, 1897.

277

Fourth :amendment: Amood by striking the word "apprised" and !inserting in lieu thereof "approved" in the twelfth line of section 16.

Fifth amendment: Amend by striking all of section 15 after the eleve111tih line of said serction.

Leave of absence -..v.as granted Senator \Vilcox for t<rday, on account of impontant business.

The hour of adjournme111t having arrived, the Senate stood :adjourned until to-morrow at 10 o'clock.

Senate Ohtamber, Atlal)IIJa, Georgi:a., Kovember 23d, 10 O'd>ock A. M.

The Senate met pursuant to radjournment, and was oall~'d to ortler by the President.

Prayer was o:ff.ered by Dr. Landrum.

Upon the call of 1fuo :roll the fuHowing members answm,ed to their names:

Allen, Atkinson, Battle, Blalock, Brooke, Comas, Culver, Dunwody, Everett, Flewellen, Flynt,

Geiger, GaiJin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, :Mann, McFarland,

Redwine, Shropshire, Starr, Stevens, Strother, 'l'urner, Van Buren, Wilcox, Witcher, Wooten, Mr. President.

278

JouRNAL oF THE SENATB.

Those absent were Messrs.-

Brinson, Carter, Castleberry, Cook,

Sheffield, Stewart of the 27th, Stewart of the 34th, Thomson,

Walker of the 18th, Walker of the -lOth, WeEtmoreland.

The Journal of yesterday WfaS read and appttrved.

'I'he full<YWing pridlege resolution was read and adopted:

Resolved, 'l'hat the privileges of the floor be extended to Hon. G. H. Hol!ton, of A.ppling county, during 1his sbay in 'llhe dty.

Mr. GI'ay, OhairnJiam of 't11e Conunibtee on .Appropriations, submitted the following report:

Mr. President:

The Committee on Appropriatrons haYe had under consideration 1Jhe fullowing House resolution, whic-h they instruat me bo report back to the Senate with the recommendoation tiliat the same be read second time and recommitted to Committee on .Appropriations.

A resolti'<>n bo subscribe and purcJhase oopies of Georgia form bdok.

Respectfully submitted.

C. G. GRAY, Chairman protem.

Mr. Hudson, Chairman of Oommitbee on Agriculture, submitted the following report:

TuESDAY, NovEl\JBER 23, 1897.

279

Mr. President:
The Committee on Agriculture 'have had under consideration the following House bill, whicJh I am instructed to report back to the Senate witlh uhe reoo:rmnendation tlhat the same do pass:

A. bill to prahibit 'illle sale of seed ootbon in the county of Jones; and for <JIJher purposes.

Respectfully submibted.

T. G. HUDSON, Chairman.

)Ir. Golightly, Chairman of the Oommittee 'On Oorpoiati'Ons, submitted tlhe following report:

liir. Pres-ident:
The Committee on Oorporations have 'had under considera,tion the following House bills, "~hich I am directed to report back wit:h the recommendatian that the same do pass, to wit:

House hill Xo. 468, to repeal tlhe present charter and ell!act a new one fur the town of Grantville, Ooweta county.

.House bill No. 634, to authorize the dty of ''":aycross to issue bonds to an '3,ID'Ount n'Ot to exceed :fifty thousand dollars, and fur 'Other purposes.

Respectfully submitted.

J. F. GOLIGHTLY, Ohairman.

lfr. Blalock, .Ohairmam. of Committee on Foinam.ce, submitte:d the following l'eport:

280

JouRNAL oF TilE SENATE.

M-r. Pres-ident:
Tihe Committee on Finance have !had under consideration the following Ho'llse bill, whJ.cih tihey instruct me to report back ilxJ. the Senate with the reoommendatioo. that the same do pass, to wit:

A hill to be enti:tled. an act providing for assessors and re-
ceivers of ta.-x returns for tlb.e oc>ity of Hawkinsville.

Respectfully submi:bted.

A. C. BLALOCK, Ohairnran.

The folloi'\ving mes&~ge was received from the House through ~Ir. Hardin, tlhe Clerk thereof:

Mr. President: The House has passed ifue folloWing bills by. ilhe requisite
constitutional majority, to wit:

A bill to require all paocka.ges in which mixoo flour is offered for sale to be hrmded so as 'tJo show tlhe true contents.

Also, a ibill to esr.a!bliSh a system of public schools fur the city of Culloden, in the county of )fonl"'O.

Also, a bill to >amenrd the dh1arter of the city of Waycross.

Also, a blll to amend the dhru.'ter of 1!he dty of Gainesville, in Hall county.

Also, a bill to inoorpOIate the crty 'of Culloden, in ~{on roe county.

TUESDAY, NOVEMBER 23, 1897.

281

Aho, a bill tb amood section 4685 of the Code of 1895.

Also, a bill to protect bicycle ways in \Yashingbon county.

:\Ir. Starr, Ohuironan of Committee on Educa:tion, submitted :the follawi'llg report:

The Commlittee on Education haYe lhad under consideration the following House bills, wthich they instruct me to ~~10rt. hack to the Senat~ wi'tih the recommendation thnt same do pass, to wit:
A bill to be entitled an a-et to all'OIW t:he tawn oouncil of the town nf Lincolnton bo levy a ta.-.,;: of on&'half of one peT cent. on all 'tlaxable property in 'Siaid town .as supplementary school fund.
The Committee on EduOCJation ilrn.Ye also 'had under consideration the following House bill, whidh tlhey instmct me to report ba:ck to the Senate '\Vii1Jh the reoommerudation 'that same do not pass, tto wit:
A bill to be entitled an aot to amend section 1389, wlume 1 of Code of 1895, pro,..jding for sdhool census.
Respectfully submitted.
0. N. STARR, Oha~rman.
Under the regular ordoc the rollowing House bills were read first time:

282

JOURNAL 01!' THE SENATE.

By }[r. Johnson of Hall-

A bill to 'amend sectiO'll 4 of tfue act incorporating tili.e cirty of Gain.esviHe.
Referred to Committee on Corpomtions. '
By l\fr. Ru1Jherford-

A bill to inCioipora:te th:e 'town of Culloden, in )fonroe c.aun'ty.

Referrred to Committee on Oorpocrattoions. By )fessrs. Rutherford and \\rol%ham-
A bill to esta'bli~h a system of public scthools in the town of Cullodern, in )fonroe 0ounty.
Referred to C-ommittee on Education. By )fr. Thomas 'Of Ware-

A bill to -amend secti:oo 20 of the ehartr incorporating the 'OOwn of Waycross.
Referred to Committee on Corpo:raJt~ons. By )fessrs. ~'\_1mstrong and Callaway-
A bill to protect bicycle wa;vs in t.he county of Wilkes.

Referred to Committee on Specra:l Judicitary.

By :Mr. RutlherfordA bill to amend section 4685 of the Code of 1895.

Referred to Committee on Gene:flal Judici-ary.

I

TuESDAY, NovE~IBER 23, 1897.

283

By lfr. Calvin-

A billto require all packages in wthielh mi.~ed flour is offered for sale for oomsumption to thm..e the weight marked on the package.

Referred bo Committtee ()Ill. Moanuraebories.

The following Senat.e resolution w-as read secood time:

By ::\Ir. Boifeuillet-

A re:sohr~ion to subscribe for and purohase copies of a bodk of Georgia Forms and Practice.

Recommitted 'lio Committee on Appropriations.

'Under the regnlar order 'bhe following Senlate bills were read third timre and put upon their passage, to wit:

By :Mr. Huds()IJ];-

.A. bill to amend section 1643 of 'blra Code of 1895.

Upon the paseage of t11e bill '1fue ayes were 26, nays 0.

T<he bill, ~mving reccived the requisite oonstitutional majority, was passed.

By :i\Ir. Stevens-

A hill to pl'o:hi'hi:t the sale of intoxidating liquors in TmTcll county, to proYide for a dispensary, and for other purposes.

Upon vhe pass<ag'e of the bill the ayes were 24, nays 0.

The hill, fu:aYin'g received the reqn'isite constitutional majority, was pa&,"ed as amended.

284

JouRNAL oF TIIE SENATE.

Amendments:
By adding a:t tlhe end o section 4 the foUowing language, to wit: "but slhall be fixed at a certain sum per annum by J!ilie &aiel dispensary oommissioners."
By Mr. SieJWart of 34fu District-
A bill to regulate otlhe S'eCurities of Building and Loan Associations.
Upon the passage of the bill the ayes were 24, nays 0.

The hill, having received the requisite constitutional majority, was passed as mn~nded.
The amendments were ru; f.ollows:

Amendment to be known as section 6:

Section 6. Be it furtlher enacted, that any mortgage (or other secunity) which shaH have been fully paJicl to said association, or '\V'hieh the borrower desires to pay off -and discharge, and .any mol"tg'll.g'e (or other security) upon which clefuult in t.he payment due has been maicle, and "Of which said .association shall clSire possession fCYr i:lhe pu:rpose of oollection or forecloSUTe, and all securil!i.es needed by it fur deposit in any QltJher State, Territory, or Nation, shall be sur1endJred. 'by said 8-ta:te depositotry or trust company 1Jo tJhe assoc~a:tion depositing the same, upon filing '1-vi.tJh the &aid depository Qlr :tn-uS't company the afficl!avit otf the pre!Sideru;t and secrebary thereof, stla-ting :reason or re~ons :fur desiring 1Jo '1-vituhdraw such security or secmities, and suoh security or securities shall not be used :fior any purpose otJher

TuESDAY, NovE~IBER 23, 1897.

285

than thwt stated in 1fu.e a:ffidoavi't; provided, thwt when said associ'a:tion is dissolYed acoo'!:ding to 'llb.e provisions of its charter, a:nd ceases bo do fbusine.ss, all securities deposrted by it shall be returned to it upon furnishing said Bt~ate depository OT trust company with sa:tis:BaC'tory evidence of rthe fact of ins dissolution a.;; afoi'esaid. Honds oT sbocks deposited witJh said Sobll!te deposi:bo'ly or trust oompany as aforesaid shall, :i,f deemed advisable by the association, be surrendered 'bo 'the association deposi'bi.ng tJhe same, for the plmpose of being converted into ca.Sh and loanoo QD. real estate.

Second amendment:

Ohange 6th section of original hill to section '7.

By l\Ir. Kemp-
A bill to ~hang-e the time of ib.oldrng the Superior Courts of i'he counties of '\V'ashingtl()lll, Johnson, Tatnall, BuUock, Emanuel, Jefferson and Screven.

i\fr. ILopki11s, moYed to indefi.nitely postpone the bill under consideration, w(hioh motion was lost.

Upon motiQn of )fr .'\Y13.lker of the 18'oh, the bill ll!lld amendment~ were tabled.

By unanimous consent, Senate bill No. 112 was ta:bled.

By Mr. Starr-
A bill to amend section 65 of volume 3 of the Code o 1895, relative to cooling time.

286

JOURNAL OF TilE SENATE.

Upon the passage of the bill the ayes were 23, nays 2.

The bill, haYing received the requisite c:onstituti:onal majQTity, was passed m; amended.
The amendment is as follows:
Amend by striking i.n tthe Caption tihe words "<,"Doling time" amd insertting in lieu thetJ.eof ":mfficienry of time for the voice of 1e-ason and humnnity to be heard."
By )Jr. Dmnvody-
A resolution authorizing tJhe State Librarian to deliver to the judges of the United States Courts for the Norbhern and Southern Districts of Georgi:a certain books.
upon tlie passage of the rSolution tlhe ayes were 23~ nays 0.

The resolution, having received the requisite constitutional majority, was passed as runended.

Amend by inserting after the "'ord "reports" in the tenth line 1:>he following words, to wit: ''publiifued by the State."

Also amend by inserting after thte word "Georgia" in thco t<-nvh line tihe W'<Yrds "fur tJhe use -of such cO'urts."

A1$o amend furtJher by adcling at the end of said resolution "for the use of such cou1ts as aforesaid."

By Mr. Comas-

A bill to change the time of !holding the Superior Court of ...:tppling county.

TUESDAY, NOYEMBER 23, 1897.

287

rpon the pas.mge of the bill the ayes were 23, nays 0.

The bill, hav'ing received t1Ie requisite constitutional majority, "\\"aS passed.

By ::\Ir. Gray-

A bill to prohibit the sale or use of steam boilers in this State that have no metal fusible or safety plugs in their crown.

Fpon the passage of the bill the ayes were 26, nays 0.

The bill, haYing received tJhe :~.equiSite oonstitutional m:ajority, 'iYas passed.

)Ir. Atkinson, Chairman of Oommittoo on Temperance, submitted t~1e following report:

.Mr. Prc.-sfclent:

The Committee on Temperance ihave had under consideration the following Senate bill, which t:hey instruct me to report back to the Senate with the recommendation that same do pass, to wit:

A hill to be entitled an act to repeal an act regu1aJting the sale of intoxicating liquors in Appling county, and for other purposes.

The Committee om Temperance have also had under consicle1ation rthe following House bills, \v'hich they instruClt me to report back to 'bhe Senate with the recommendation that same do pass, to wit:

288

JOURNAL OF TllE SENATE.

.A 'hill ro be en:trtled an act bo esba'blish a dispensary for
Calhoun county, and for :d1fu.er rpurposes.

Also, a hill to be entitl'eid an act to make it unl:awful for aiJly pernon to manufaeture any kind o spirituous liquors in Meriwetlher oounty, and fur (lither purposes.

Also, a bill to be entitled an act <to prolhibit 1lhe manufacture of am.y kind of spirituous liquors in Elbert county.
The TemperaneJe C'()mmivtee have also had under considera-tion 'IJhe f.oUowing House bill, whiocth they instruct me to report back to tJhe S.ena:te with the recommendation lfJhat same do pass by substitute, to wit:

A bill to be entitled a<n act to prohibit the manufacture of intoxioo-ting liquors in Harris oou'llty, and for otlher purposes.

Reo--pec'tfally submitted.

A. ATKINSON, Cl:cairnran.

Mr. SlhropShire, Chairman of the Special J udi.ciary Committee, submiotted 'the foUmviing rerport:

Mr. Pres-ident:

The Special Judiei:ary Committee have had under consideration i!he full-owing Houw 1biUs, mhich they instru0t me i:Jo report back to the S.enate -w:ioth the rooommendrution that same do pass, itJo wit:

A bill to be entitled tan act -to abolish lthe county court of the county 'Of Ware, and for otlher purposes.

TUESDAY, NOVEl\IBER 23, 1897.

289

Also, a bill to be entitled an act to establish the city court of Valdosta, in Lowndes county.

The Spooial Judiciary Committee hrave also had under consideration the following House bill, whic:h rthey instruct me to report back to the S.en:ate ""iuh t!he recommendation that same do pass as amended, to wit:

A bill to be entitled an act to establish t;~he city court of the town of \Yaycross, and for other purposes.

Also, a bill, as amended, to be ent~tled an act to authoriZE; and empower the Commissioners of Roads and ReYenues of Elbert county to borrow money, and for other purposes.
Respectfully submitted.
\YESLEY. SHROPSHIRE, Chairman.

:Jir. Battle, Ohairman of Geneml Judiciary Committee, submitted the following r~port:

Jfr. Prcsi,clcnt:
The General Judiciary Omnmittee ihave ib.ad under consideration the following House bills, which they instruct me to report hack to the Senate >Yi~h the recommendation t1mt same do pass, to wit:

A bill to be entitled an act to amend secrtion 413 of the Penal Code of Georgia 1895, and for other purposes.

Also, a hill to he entitled a'n act to provide with refer.ence to insolYent co:=Jts of solicitors, and for other purposes.
195

290

JouRNAL oF THE SENATE.

Also, a bill to be entitled an act to establish the city court of Gwinnett county, and :or ()lt:Jher purposes.

The General Judiciary Oommittee have also hfrd underconsideration the following Senate bill, rwhich they instruct me to report back 'to the Senate rwith the rooommendation that same do pass by sU!bsti:tute, to rwit:

A bill to bet entitled an act to amend sootjon 1030 of volume 3 of the Code of 1895.

The General Judiciary 'Committee 1have also :had underconsideration tihe :ollmving Senate bills, wihic'h they instruct me to repOI't badk to i!he 'Senate rwith the recommendation tihiat same do not pass, to w.it:

A bill to be entitled an act to amend section 859 of volume 3 of Code of 1895.

Also, a bill to be entitled a.n act to amend section 858-
.
of Yolume 3 of Oode of 1895.

The General Judiciary Committee have also had underconsideration the following House bill, whic:ili they instruct me to report back to tihe Senate with the recommendation that same do not pass, to rwit:

A bill to be entitled an act to taut:Jhorize the judges of superior, city, and county courts to issue att.aelunent.s. without bond and security.

Respectfully submitted. C. E. BATTLE, Chairman.

TuEsDAY, NovEMBER 2:~, 1897.

291

1\Ir. Culver, Chairman of Committee on State of Republic, submitted t:he following report:

1111. Pre.si-den t:
T1he Committee on Soa!te of Republic have had under consideration the fo.Uo'lving House bill, which they instruct me to repmt back to the Senate with the reoommendation that same do pass, to wit:

A bill to be e-ntitled an act '!Jo make i1fue thirrd day of June, known as birehday of Jefferson Davis, a legal holiday in this State.
Respectfully submitted. JNO. L. CULVER, Chairman.

By unanimous consent, the follaw:ing House bill was read third time vo be put upon its passage:

By ~fr. \Yest of Lowndes-

A bill to establish the city oourt of Valdosta, in Lownde:: county.

Upon the passage of the bill the ayes were 30, nays 0.

The bill, hav-ing received the requisite con5titutional majority, was passed.

B.Y unanimous c-onsent, the :IJollowing Senate bill was read tihird time to be put upon its passage:

By l\fr. Golightl.'-
A bill to amend >;n11-Serti-on 5 of sed.ion 3355 of 1tihe Oode of Gc>orgia of 1 ~95.

292

JOURNAL OF THE SENATE.

upon the passage of the bill the ayes were 23, nays 0. 11he bill, ha>ing received the requisite constitutional majmity, was passed.
By unanimous consent, the following House bill was read third time:
By Mr. Oakes-
A bill to amend section G57 of the Code.
L pon mot1on of :Jfr. S.tarr, the bill 1\Vas recommitted to Oommittee O'll 1\Iines and ~fining.

By 1Ir. U nderwoOll-
A bill to prohibit the sale of intoxieatinp: liqnors in the county of Franklin.

Upon tlhe passage of the bill the ayes were 2-!, nays 0.

'Dhe bill, having received the reqnisit0 constitutional majority, was passed as amended.

'Dhe amendments are as follmvs:

To amend il:ihe caption by striking the word "other" in the last line thereof and inserting in lieu thereof the word '(sacramental.''

By 1Ir. \Yatkins-
A bill to empower tfue town council of Ellijay to create a debt not to exceed $5,000.00.

Upon the passage of the bill the ayes were 23, nays 0.

TuESDAY, NovEMBER 23, 1897.

290

Tfue bill, having 1eooi.ved tJhe Tequisite COllStrtUUOil'al majority, was passed.

'JJhe following privilege resolutions were read and adopted:
A resolution inviting Ron. Herury R. Harris to a seat on tJhe floor during his stay in the city.
Also, a resolution inviting Ron. Ben C. Rawlins, of the county of \Yashirngton, to a seat on the flom of 1the Senate dming his stay in dhe city.

By 1\Ir. J\f.cCook-
A bill ro authorize the town council of Cusseta to creaif:e
a debt not vo exceed $2,500.

Upon the passage of vhe bill the ayes were 25, nays 0.

'Dlw bill, having recei>'ed the requisite constitutional majol'ity, was passed.

By J\fr. Oalvin-

A bill to regulate the business of all debentme redemption eompamies.
Upon iJh.epas..;;;age of the bill the a;ves were 26, nays 0.

The bill, having rceeived the requisirte constitutional majority, was passed as amended.

Amendments:
Amend section 1 h,v adding at the end thereof the following word3:

294

JouRXAL oF THE SE~ATE.

"Provided, however, t1hat when any sn<"h foreig-n company organized und11' the law-s of any ot!her State, and desiring to do business in this State, has deposited and shall keep deposited with one Of the legally authorized deposito-ries of this State, or 'vith a legally incorporated and duly autho~ized trust. company to be selected by tJh~ hoard of directors of such association or oH1er officer of the State in which it is incorporated, twenty-five thousand dollars ($25,000.00) or other securities such as are herein a:bove named for the protection of ito certificate-holders, bondholdPr2 and other creditors, such company shall not be requ.ired to make and addtii.ional d<>posit in t:lris State; pro,i(le(l, the State in which such foreign company is incorporated does not require of such companies incorpora.ted under the laws of this State any deposit in addition to the dcposit. required by tllis act, to be made as reqwired by the prDTi;;ions o:f this ac-t as herein above mentioned."

Amend section 6, par3.o<>'I'a}Yh 2, by insei<ting in the seco-nd line between the word "Smte" at the end of t!he second line and the word "showing" at beginning .of tJhird line 1Jhe following- words: "or of the Treasurer of other office-r of the State in \\"hich it may be incorporated."

Amend section 6 by adding 'Ut the end of said section clle following wo:rds: "ProYided, however, that any suclb. company, "~hether organized under the laws of thh Sta:te or other State, not now doing :business in this &bate, may hereafter, by complying witih the terms of 1Jhis act, do hnsinESS in t1his State alohough it may be after tthirty day'S after the appr'OYal of this act."

TuESDAY, NovEMBER 23, 1897.

295

~'\mend section 7 by adding at tJhe end thereof the following rwords: "Provided, however, that the tax shall be .required of suc.h companies by the State or !aalY county or municipality theTeof on any loons or advances held or made by thCIIll which are secured by r1al est:ate or other property upon which the borrower is required to pay tax.

:By }fr. ReeceA bill to amend the chru.ter 'Of t)h:e eity of Rome.

Upon the passage of ilie bill tJhe ayes were 27, nays 0.

The bill, having received t1le requisite oonstitu!Jional majority, was :rassed.

:By ~Ir. Oaks-

.A hill to amend sec'ti1on 657 of the Code of Geargia.

Upon the passage of the bill the ayes w~re 26, nays 0.

The mll, lhavi.ng received 1lhe requisite 0onstitution'al
:majority, was passed.

~fr. Stewart of 27tJh moved to adjourn.

Jl.r. Bruttle moved as substi~u'te that the S.ena:te adjourn ~until to-mon"''W at 9 o'clock.

Upon this motion ~Ir. Battle called for tihe 'ayes a'Ild nays, 'Which call was susta;inecl, an:d the vote was as :foUQIWs:

'J)hose v>ating in the affirmative were Messrs.-

;Brinson, Dunwody, Everett, -Geiger, Goldin, Golight.y,

Hopkins, Hudson, l\lann, McFarland, Shropshire, .Starr.

Stewart of the 27th, Van Buren, Walker of the 18th, Walker of the 40th, 'Vestmoreland.

296

JOURNAL OF TBE SENATE.

Thtose voting in the negative were Messrs.-

Atkinson, Battle, Blalock, Brooke, Culver,

Flewellen, Flynt, Gray, Ham, Kemp,

Kilpatrick, Stewart of the 34th, Strother, Turner, Wooten.

T'lmse n10t vo-ting weTe. Messrs.-

Allen, Carter, Castleberry, Comas,

Cook, Redwine, Sheffield, Stevens,

Thomson, wilcox, Witcher, Mr. President.

Ayes 1'7. Nays 15.

':Dhe motion 11Jo adjourn, having received the majorit) was carried, and the SeiUlte adjourned until to-~norrow a 10 o'clock.

Senate Chamber, Atlanta, Ga., Wedndday, November 24, 189'7, 10 O'clock A. 11.
The Senate met pnnsuant to adjournment .and was calle to order by the President.
Prayer was offered by
rron tlw call 'Of the roll, the following members ai swered to their names:

wEDN.F:SDAY, NovE:MBER 24, 1897.

297.

"Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Castleberry, comas, Culver, Everett, Flewellen, Flynt, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann,
~1cFarland,
Sheffield, Shropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th,. West moreland, Wilcox, 'Vooten, Mr. President.

Those a:bsent were Messrs.-

Ca1ter, Cook,

Dunwody, Redwine,

Witcher.

11he journal of yesterday was read and approYed.

JUr. Starr, ch!a:irm:an pro tern. of Committee on Engrossing, submitted the f>ollowing report:

Mr. President:

The Committee on Eng-roasing have examined and found duly emgrossed and ready bo be transmit>t.ed t.o the House the following Senate bills, to wit:
A bill to be entitled an aCJt to amend section 65 of Vol. 3 of the Code of 1895.

Also, a hili to be .entitled an 1act to amend section 1643 of Vol. 1 of the Code of 1895.
Also, a bill to be em~titled a.n ac.t t.o chanp:e time of holding: s11perior court of Appling county, and for other purposes_

:298

JouRNAL OF THE SE:-:ATE.

Also, a bill to be C'ntitled an act to regulate the deposits of bnilclin~ nnd loan n8&ociatioms.

Also, a brill to be entitled an act to prohibit. tJ1e use or sale of <>be.am-boilers JJhat have not metal fusible safet.y-plugs in their crown-sheets or flue-heads.

Also, a bill to he entitled an act to amend sub-section :J .of section 3355 of C-ode of Geo1-g~a of 1895, an:d for other purposes.
Als-o, a bill to be entitled an act to "eStablish dispensaries in Terrell county, and for o.ther purposes.

Tl1c Engro.:;si:ng Committee 'luwe also eX'amincrl and found duly engrossed and ready to be transmit-ted to the House the following Serrate resolutioQn, to wit:
A resolution authorizing the State Librarian to deliver to the judges of the L nitro States eom'ts for :X orthern and Southern d!istricts certain volumes of Georgia Reports.

ResP'ectfully submitted. 0. N. STARR, Charirman pro t('m.

The follo"ing message was received from the House, through 1[r. Hardin, the Clerk thereof:

J!l'. P1csidmt:

The House has passed by the requisite constitutional majority the following Honse b:ills, to wit:
A hill to ~n.t1horize the toW'll council of Cornelia to issue bonds foQr school purposes.

WEDXESDAY, ~OVE)fBF.R 24, 1897.

299

.:\Jso, a bill.to amend the e1harter of the city of Demorest.

Also, a bill to proYide for the 00mpensation of the ordill>ary of Bulloch county for extra servicPS, awl to fix his salary.
..:\l.;;o, a bill to amend an act establishing a system of public schools for the ci:ty of Rome.
Also, a bill to ameJHl srdion Hi42, ,~ol. 1, of the Code o()f 1895.

~\lso, a bill to amend the clmrt.('r of the town o;f 13lair::Yille, in L'nion eonnty.
~\lw, a bill to amend the elrart<'r of tihe town of \\~hig ham, approYed December 23d, 1896.
~\l:::o, a bill to amend the charter of the town o State,;boro, Ga.

Also, a bill to incorporate the Cartec:ay and Ellijay Telephone Company.

..:\.lso, a bill to amend the ea.ption of an aet proYiding for t'he gale of intoxicating liqu'ors in Bnlloeh c>onnty, approved September 5th, 1879.

Also, a bill t.o inc011)0rate the town of Clark:n'ille, m HR berslmm county.
ThP Honse lms also pa~ed the following: SC>nate hill.;;, to wit:

A bill to am<>nd the eharter of the town of 'Cnadilla, in Dooly county.

300

JOUR~AL OF THE SENATE.

Also, a bill to abolish the eounty court of Jackson county.

Also, a ,bill to establish the city court of J e:fferson m Jackson county.

'I'he House has .also concurred in bhe Senate amendments to the following House bills:

A bill to incorporate the town of Pepperton, in Butts county.

Also, a bill to ineo-1-porate: the town of Douglas, in Coffee county.

.A1so, a bill to incorporMe the town of Mountville, 111 Troup county.

T'he following coonmuniC'rution was received from his Excdlency the Governor, through ~Ir. "\Varren, his secretary, to wit:

!Jfr. Pr>esident:

I am directed by the Governor to deliver to tJhe Senate a sealed communication, to which he respectfully invites the consideration of your honorable body, in executive se&>-ion..

The special order mts taken up, which is:

By )fr. Hopkins-

A bill to amend paragrapl1s 2 and 3 of section 3 of Article 6, pa~,agra:ph 1 of sectJion 11 of 1ihe Constitution of thi& State, so ~as to provide for the elec.tion of judges and solicitor:;-g-ernera1 of the superior conrts of this State bY the people.

vVED~ESDAY, ~\OVEMBER 24, 1897.

301

Jir. Hopkins moved t.o displace t.he bill under consideration, to be carried o~er until the next legi.slative day.

Cpon this motion }Ir. Battlecalled for the ayes and nay:0, which call was sustained, and the vote was as follows:

Those Y'O'ting in the affirmative were Messrs.-

Allen, Brooke, Castleberry, Comas, Everett, Flewellen, Flynt, Geiger, Goldin,

Golightly, Gray, Hopkins, Kemp, )lann, ::.\lcFarland, Redwine, Sheffielcl,

Starr, Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Westmoreland, Wilcox.

Tihose Vloting in the negative were Messrs.-

Atkinson, Battle, Blalock, Brinson, Culver,

Dunwody, Ham, Hudson, Kilpatrick,

Shropshire. Van Buren, Walker of the 18th, Walker of the 40th.

Those not voting were Messrs.-

Uarter, Cook,

Turner, Witcher,

\\'oaten. Mr. President.

Ayes 25. Nays 13.

The motion, haYing receiYed the majority, was carried.

}lr. }~lewellen, chairman of the Committee on Pensiom, submitted the following report:

Mr. Pn:sidcn-t:

The Committee on Pensim1s have had nnder conl'lidera-

302

J OUR:SAL OF THE SENATE.

tion the following bill, wl1irh I am directed to report b~1ck with the recommendation tha.t it do pass as amended, to wit:

House bill X o. 296, which provides for the payment of pensions 1Jo Oonfederrute soldiers and widows of Confederat~ soldiers, when the same are now residents of 1Jhis State; provided, vhe sm-.nioo of such ooid~er was rel1'dered as a member of a Georgia regiment anod tfue applicant for pension is otherwise entitled under the various pension laws.

Respectfully submitted.

E. A. FI~E\YELLEN, Chairman.

l\fr. Blalock, chairman of Ooonmitltee on F~nance, submitted the following repont:

1lf1. President:

The Committee 'On Finance have had under consideration the following House bill, which they instruct me coreport back to the Senate with the recommendation that same do pass, to wit:

A bill to be entitled an .act to authorize the State Treasurer to draw Ql1l anvv funds in the State -treasurvv to an amount of $400,000, to be used :in paying teachers as provided by }raw, an:d for ohter puq)oses.

The Fin:an'ce Committee ha.Ye also had under ronsideration the following Senate bill, whi~h they instruct me to wport back t.o tihe Sen~atc witrh tlhe re:commeu1datiou t.lra~ same be J.<ecomm.i.tted to the Special Ta.'C Committee, to wit:

A bill to be entitled an aot to provide for making tax r-c-

WEDNESDAY, NovEliiBER 24, 1897.

:30:~.

tm11S for all imprD'ved rool estate, and making all money inYe.sted in life insurance subject to taxation.

The Oommittee on Fimmce haYe also had under considera-tion the following Senate bill, which they instruct me to report back to 1Jhe Senate with the recommendation that same be recommitted to Committ'e on Privileges and Elections, to wit:

A bill to be entitled an act pro"iriding for a new s;ystem of registration of voters, and for othe~ purposes.

Respectfully submitt.ed.

A- C. BLALOCK, Clhairman.

::\Ir. Shropshire, chairman of Special Judiciary Committee, submitted the foUo.wrng report:

'I'he Special Judiciary Oommitit.ee haYe. had under consid- erat.i~n the follow;i.ng House bill, which they instruct me toreport back with the recommendation that same do pass, to. wit:
A bill to be entitled an act to regulate the distribution of funds 1a:risi.ng from fines and forfeitures in the county court of \Yilkes.
The Spec.ial Judiciary Committee haw also had under consideration the following House bill, which t:hey instruel me to report back to the Senate with the recommendation. that aame -do pass as amended, to wit;

304

J OUR~AL OF THE SENATE.

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

The Special ,Judic.i:ary Committee have. also had under eonside11ation the following House. bi1l, which they instruet me to report back to the San:at.e with the recommendation that same be read the second time and recommitted to the Special Judiciary Committee, to wit: .

A bill to be e.ntitled an act to establish the city court of Forsyth, in the colmty of ~fomoe, and for other purposes.

Respe~tfully Stlbmitt:ed.

WESLEY SHROPSHIRE, Chairman.

By unanimoos consent, the following bill was taken from the table, to be put upon its passage.

I3y ~\Ir. Kemp-

A bill to change the time of holding the superior courts in the countie3 of "'ashingbon, Johnson, Tattn'all, Bulloch~ Emanuel, J effel''SOn, and Screven.

1!pon the passage of the bill the ayes were 27; nays 0.

The bill, 'having received thC'. rcqni,;ite eonstitnt.ionalmajorit.y, \\-as passed as amemded. The amendments were as follows:

First am<mdme.nt: Amend by striking all the language used in section 1 fmm -and after t.he end of the seventh line in said section, and insert in lion thereof the following language, to wit: "The term of holding said court in the county of BullOICh ris hffl'Oby dh!an:ged :fu"''lll the foul"th Mon-

WEDNESDAY, NovEMBER 24, 1897.

305

days in April and October to the first Ml()ndays in l\{ay and N ()Vember; the time of holdin1g the telriD. of said court in the county of J effel'S'On is hereby changed from the second Mondays in May and NoVJember to the third Mondays in May and November; the time of holding the terms of said court in the county o[ Screven is hereby changed from the third Mondays in May and K ovember to the fuurth ::llondays in May and November.

Seoond amendment: Strike from the caption of said hili the counties of vVashingto:n, J dhnson, Ta!tnall, and Emanuel.

Also, by lilla.ni.mous consent, the following House bill was read tlhrird time, to be put upon its passage:

By Mr. Adams-

A bill to incorporate 'the toiwn of Thomaston, in Upson C()Unty.

'C'pon the passage of the bill the ayes were 23; nays 0.

The bill, having received 1ihe requisite constitutional majority, was passed as amended. The amendments were as follows:

First amendment: Amend by strikilllg .after t;he word "city" in the fourteenth line of section 16 the following words, to wit: "He shall be ex officio justice of the peace within the jurisdictional limits of said city."

Second ame'lldment: Amend by adding at the end of seci:ion 21 the foUowing words, to wit: "Provided, that noth-
208

306

JOURNAL OF THE SENATE.

ing in this section shall prevent tJhe applicant for oertiorari from filing tlhe proper pauper aftiJa.vit in lieu of the payment of cJOsts, or giYing the bond as IWW required by law.

Third amendment: Amend by striking aftm the word ~'city" in the 5econd Ene of section 22 the fol~wing words, to wit: "Shall be C;l' officio a justice of the peU'(', so far a;:; to authorize him to administer oaths, attest deeds, mortgages or any other instrument which a justice of the peace is authorized by la\Y to attest,'' and insert in Eeu thereof the following words, to wit: "is hereby autJhorized."

Fourth ameudment: Amend by striking after the word "city'' in the fifth line of scct,ion 14 the following words, to wit: "and a fre<'holder owning real e.~t.ate within the corporate limits of the city."

Fifth amendment: ~\mend by striking after the word "Thomaston" in the .seventh line of section 14 the following words, uo wit: "'and fi'eelwlcler5 ow111i:ng real estate within the corporate limits of the city."

The following resolution was read, to wit:

:\. reS'olution to adjourn until next ::\I'Onclay, and the time lost not to be taken out of the fifty days of the se55ion.

Upon the adoption of this resolution :Mr. Battle called

for the ayes and nays, "'hich call was susrained, and the

>'ate was as foUows:

Tho3e voting in the affirmative were .Messrs.-

Atkinson, Blalock, Comas, Culver,

Dunwody, Geiger, Mann, McFarland,

Sheffield, Starr, Stevens, Stewart of the 27th,

vV:EiDNESDAY, NovEMBER 24, 1897.

307

"'Dhose voting m ifJhe negative were Messrs.-

.Allen, :.Battle, Brooke, .Everett, Flewellen, Flyut, Goldin, Golightly,

Gray, lHam, Hudson, Kemp, Kilpatrick, Redwine, Stewart of the :\4th,

Strother, Thomson, Van Buren, Walker of the 18th, Walker of the 40th, 'Vestmoreland, Wilcox.

Those nJOit voting were Messrs.-

'Brinson, Carter, Castleberry, <Cook,

Hopkins, Shropshire, Turner,

Witcher, 'Vooten, l\Ir. President.

Ayes 12. Nays 22.

''.Dhe resolution, n~t :having :received a majority, was lost.

1\Ir. Goliglhtly, Chairman of the Committee on Oorpora:tions, submi'lited tlhe foHowing report:

Jlr. Presi-dent:
'Dhe Oommittee on Corporations hae ih.ad under consid.era;tion ~~he following House bill, rwihic'h I am directed to report back with t.he recommendation tha-t the same do pass, to wit:

House bill X o. 706, ro amend an ad esbablishing a public
.school system in the toom1 of Da:hlonega, approved December 17th, 1894, so as to provide forregistration of voters, .etc.
Respectfully slllbmi:ttted.
J. F. GOD~GHTLY, Oh,airmBin. .

308

J OUR:::o!AJ, OF TilE SENATE.

At 12:20 o'cl-ock the :Senate went in:to executiYe session.. By unanimous eonsent, tJhe following House hills werere~d second time:

By Mr. Hogan-

A bill to au1Jhiorize uhe town council of Linc,oln:bon to levy a tax not to exceed one-Jhalf of one per cenrt.

By Mr. Armstrong-

A bill to regulate tfue distribution of funds arising from fines and forfeitmes in ilhe county of Wilkes.

By Mr. Armstrong-

A !bill to provide w.i'tih reference to insolvent coots of solicitors, and :f.or other purposes.

By Mr. Duffy-
A hill to prohibit the sale of wed cotuon in the county of Jones.

'I'h:e :following resolution was read and adopted:

A resolution authorizing the messenger of the Senate to appoint a doorkeeper for the near door of 1Jhe moosenger's-room for twen;ty-:fiv;e days o-f the present session.

The foHowing Senate bills wel'e read first time, to wit:

By :Mr. BlalockA bill to amend section 1354 of the Code of 1895.

Refe:rred to .Committ.ee on Educatio-n.

WEDNESDAY, NovEMBER 24, 1897.

309

J3y Mr. Flewellen-

A bill to prevent trarmps or otib.er pe:rsoos :fl1oon stealing '()T attempting 1to steal a ride on railroad ilrai'D.S, and for o(Jther purposes.

Refen-ed to Committee 'On Railroads.

By unanimous consent, tihe fullorwing Senate bill was

Tead second time:

By Mr. Oomas-

A bill regulating iflre lioonse fur :bhe sale of in'boxiea.ting spirits in Alppling county.

The :foUowing Senate bill was read first time:

By Mr. Th'O'Illson-

A bill to regulate the practi-ce in the Superior Oourbs in Ithis Htate.

Referred tlo COliil.mitltee OlD Gen~al Judici'al'J.

-The following House bills were read -first -time, 'to wit:

-By Mr. Lance--

A bill to amend the charter 'Of bh.e town of Blairsville, in tJh-e couil'ty of Unio-n.

Refened to Oommittee on Oorp<rnt'tions.

:By Mr. Watkins-
A bill vo- inc10rpo-ra'te uhe Oarllecay and EUi:jay Telephone
Co-mpany.

310

JouRNAL OF THE SENATE.

Referred to Oommittee on Corporations.

By Mr. Bowden-

A bill to autlhorize 1lhe mayo!l" and oouncil 'Of the town of Oornelia to issue bonds.

,Rerferred to Committee oo. Special Judiciary.

By Mr. Brannen-

A bill to .amend the ohru-ter of the town of Statesboro, in: the county of Bullooo.

Referred to Oommitroee on Temperance.

By J\fr. Bowden-

A hill to 'amend an acl incorporating the town of Demorest, in the county of Haberslhrun.

Referred to Committee on Ooo-porations.

By Mr. Bowden-

A bill to repeal an .act inoorporating t!he town of Clarksville, and creating a new one for rhe same.

Referred to Committee on Special .Judiciarry.

By Mr. Calvin-

A bill to .amend section 1642 of the Oode of 1895.

Referred to Oommibtee 'On Genm~l J udiciary.

By J\fr. ,Brannen-

A bill to provide for the oompensa.ti:on of the ordinary of Bulloch county fur ext:m services, t8lld fur Olbh:er purposes:..

WEDNESDAY, NovEMBER 24, 1897.

311

Referred to Oommi,utee on Special Judiciary.

By Mr. Paulellte-

A bill to amend tlhe oharter of tlhe town <lf Whigham, in Deoatur ooun1ty.

Referred l1o Committee on Oo~rations.

By Mr. Ennis-

A bill to amend an a<llt establishing a system of public SC'hools in the city of Rome.

Referred to Oommitooe w Education.

By unanimous cbnsoot, the following joint Tesolution was read third time to be put upon its passage:

By Mr. Weh'b-
A resolutioo. refunding to G. W. Ohamblee 'One hundred dollars overpaid special 'IJa.'{ foil" the year 1894.

This resolution involving an appropriation, the ayes and

nays were called, and the V'Ote was as f.oll<YWS:

Allen, Atkinson, Battle, Blalock, Brinson, Brooke, Comas, Culver, Dunwody, Everett, Flewelhm, Flynt,

Geiger, Goldin, Golightly, Ham, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland, Redwine,

Sheffield, Shropshire, Starr, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Van Buren, Walker of the 18th, Walker of the ~Oth, 'Vestmoreland.

312

JOURNAL OF THE SENATE.

Those not voting were Messrs.-

Carter, Castleberry, Cook, Gray,
Ayes 34.

Stevens, Turner, Wilcox,
N'rays 0.

\Vitcher, \Vooten, Mr. President.

The resolution, having received the requisite constitutiolllal majority, 'Was passed.

:Mr. Battle moved >flo adj,ourn.

:Mr. Sttarr moved as a substitute that the Senate adjourn until Friday morning at 10 o'c1ock.

1'he longest time being put first, ttlhe Senate adjourned until Friday morning at 10 o'cl'OCk.

Senorute Oharnber, AtlanrtJa, Georgia, Fri!doay, November 26llh, 10 O'dock A. '~L
The Senate met pursuant to adjournment, and was called to order by Senator Gray.
Prayer was offered by Rev. }fr. Smith.
Upon motion 'Of ::\fr. Battle, the roll-call was dispe.nsed with.
Mr. Hopkins moved to displac-e the regular order, wthi~ is Sena,te bill No. 2, until December 1st, immedia!tely after the reading of the Journal, which mation was oarried.
:Mr. Starr, Chairman pro tern. of Oommittee on En.gr01'38ing, submitted the following report:

FRIDAY, NOYEllfBER 26, 1897.

313

J:(1. Presidcnt:

The Committee on Engrossing ha.Ye examined and found duly ('ngrossed and ready to be transmitted to the House the following Sc:nate bill, to wit: Senate bill, to wit:

A bill to be entitled an aCJt to change :and fix the time _of ihlolding the Superior Oombs in the counties of Bulloch, Jeffer3on, and .Screvoo, whi~h C'ompooe in part the middle

judicial circuit.

Respectfully submitted.

0. N. STARR, Ohairm1an pl'o tem.

The folldwing message was l'eceived from the House l(furough }fr. Hardin, 11he Clerk tJhere:of:

JJb. Prc8i.dcnt:
The House ihas passed the following bills by 1fu.e e.onstitution'al majority, 1Jo wi't:

A bill to incorpor.ate the city of Toccoa, in Habersham county.

Also, a bill to establish the city oourt of Clarkesville and Toccoa.

Alro, a bill to rumend an act creating a Board of Commissioners of Rloods amd Reenues f'OT 1Jhe county of Floyd.

Also, a bill to incorpOTate itJhe Cartec11y and Ellijay Telephone Company.

314

JOURNAL OF THE SENATE.

Also, a bill to gran't and cede to ~e United. State.s cer tain rights in the -county of Catoosa, to construct and maintain a public rood tiherein.

Also, a bill to prohibit the firing O>f any piSJt.ol or gnn on excursion traill:s, at picnics or other public gatherings, anJ for other purposes.

Also, a bill to appropriate <J!lle thousand dollars to build a boiler house at 1ihe .Georgia School for 11he Deaf.

AlsO>, a bill to prom'O'te ltihe establi.S'hment and efficiency of libraries in tlh:is Sro:t.e.

Also, a bill to esta:blish and regulate a dispensary in the town o.f Bleckley, Early county.

The Ho'llse has C'Oncurred in tib:e Sena:te amendments to the foll<Jwing House bill, 'IJo wit:

A bill to amend an act to reguLate the sale of spiritu;ms liquors in :Franklin county.

The House 'has passed by the requisite constitutional majority the fiol1owing 8en\ate bill, 1Jo wit:

A ';)j]l to abolish tJhe chrurber of the town of Lyou~, m Tatnall <'OU>nty, and to establish a new charter for the same.

The Committee on the part of the House provided fur in Senate Tesolution No. 38, pl"oviding for a eommittee of ten from tlhe House antd five from the Senate, 'to revise the ta..'i: 1aws of the Sta'be, are :Messrs. Oliver 1of Burke, Calvin of Richmond, Pace of Newton, Redding of Pike, Pat-

FRIDAY, NOVEMBER 26, 1897.

315

ten of Thomas, l\foore of Carroll, Edwards of Haralson, McMichael of Jasper, Reese of Floyd, Olnnon of R'Ockdale.

The following joint resolution was read and adO!pted, to wit:

By Mr. Gray-

A resolution memomlizing congress as to refunding of cQitbon ta.~ collectro in t>he years 1865, '66, and '67.

By unanimous co-nsent, House bill No. 644 w-as rec.om- mittoo from the General Judiciary to Committee on Pensions.

Under regular order tJhe fuHowing House bills were read second time, to wit:

By Mr. Taylor-

i'l bill to make it unla:wful for any person or corporation to manufactm'e 'Or sell irut.oxicating spirits in the county of Meriwether.

By !Ir. }~elder-

A bill to aanend tflhe Clhmter of the city of Atlanta.

By J.Ir. Rutherford-

A bill to establish a city court in Forsyth, Munroe county.. By !fr. Boynton-

A bill ro esta:blish rund maintain a dispensary in the cityof Morgan, Calhoun county.

By Mr. Freeman-
A bill to repeal the present charter and -create a new one :f:ior tJhe town of Grantville, in Ooweta county.
By Mr. Blalock-
A bill iJo authorize the Sba:te Tll"easurer 1of this Staite to draw his warrant on the State treasury for the amount of $400,000 to pay teaohers, as pmvided by la:w.
By :Mr. Swi:6t-
A bill 1Jo .a.UitlhoriZJe the Oommissi'()!llers of !Wads and Revenues of Elbert County to borrow money.
By Mr. Oliver-
A bill uo dedare ifue iJhird day of June of eaoh year, commonly knl()wn as J.efferson Davis's birthday, ia legal holiday.
By Mr. Thomas of Ware-
A ~ill oo CTeate a oounty oourt in tlhe rounty Qf Ware.
By Mr. Thomas QI Ware-
A bill !f;o auilhorire tJhe <City of W .a.ycross 1lo issue bonds oo't to a....ceed $50,000.00.
By Mr. Redding-
A 'bill to authorize the paymoot of pensions 1lo 'Oonfed.erate soldiers and widows 'W Oonfederate soldiers, where .the same are now residents of otihis Sta:te.

FRIDAY1 NOVEllfBER 26, 1897. By Mr. ,Swi:t-

31T

A bill to proll:ri:b:i!t the sale and mamufacture of intoxicating liqu'Ol"S in lfue oounty of Elbert.

By Mr. 1faddox-
A bill to prohibit t'he sale of intJoxica1ting liquors w. Harris county.

By Mr. JordJan-
A bill providing for assessors and receivers of tax return!!. for ~he city of Hawkinsville.

By Mr. Ohapmllll-
A bill ilo amem.d 1:ihe 4131fu section of the penal Code of 1895.

By Mr. Charters-
~A.. bill 'llo amend an act etrtablllfuing a public school eygtem. in iJhe town of Dahlonega.

By Mr. 1fcDonald-
A bill to am-end an -act establishing the city oonrt of Gwinnett oouniy.

By Mr. Bush-
A bill 'to abolish lJhe Boord of Oommission''l's of Roads. and Revenues in t!he cormty of ~filler.

~fr. Goolig1htly, Chairman of iihe Committee on Corpora- ti ons, snbmitted lfue following report:

:318

JOURNAL OF TilE SENATE.

M t. President: The Committee on 001'Porations have h'ad under oon-
_sideration ihe f.olowing House 'bill, which I oam dirooted to report back with the recommendati'On that the same be read the second time and referred hack to the Oommittee on Corporations, to wit:

House bill No. 660, to abolish 1Jhe Board of Commis.sioners of Roods and Revenues f"Or Miller county.

Respectfully submitted.

J. F. GOLIGHTLY, Ohairm31D..

1\fr. W esbmoreland, Ohoairman of ifue Committee on En,grossing, submitted the foll'O\ving report:

M"t. P.res-idtll t :
'I'he Committee 'On Engrossing have examined and foun'd .duly engTossed and ready t:Jo be tmnsmitted to the House the following joint 'l"esoluti"On, to wrt:

A jorrr.t resolution memoralizing Congress to refund cotton otax collected in 1865, 1866, -and 1867.

R-espectfully submitted.

G. F. WEST}fORELAND, Chairman.

Under regular order tfue following H"Ouse bills were :read :fi~ time, to wi't:

By 1\Ir. &wden-
A bill to S!Ja,blish the city C'Ourt of Cl-arkesville and 'Toccoa, in Habersham county.

FRIDAY, NovE~iBER 26, 1897.

319

Referred tJo Oommibtee on General Judiciary.

By ~Ir. Bowden-

A bill to inoorpornte 'lfue town of Tocooa, in Habersham county.

Referred to Oommittee on Corporations.

By ~Ir. Y a:te.:;-
A bill to gmn't and cede to tihe United Sta;tes tJhe right and authority to CJonstruct and mai'lltain a public /highway in Oatoosa county.

Referred to Oommi1btee on Special Judiciary.

By ~Ir. Brannen-
A bill to amend an act granting the license to sell intoxicating liquors in BuUoch county.

Referred to Committee on Temperance.

By ~Ir. Durl1arn-
A hill to confirm an act inco-rporating the Oal'tersville and GainooYille Air Lrne Hailroad Oompany.

R-eferred to Committee on Railroads.

By :Mr. Highto'lver-

A bill to regulate a dispensary in the city of Blakeley, in Bady county.

Referred to Committee on Temperance.

320

JOURNAL OF THE SENATE.

By Mr. Nevin-

A bill to appropriate one t!hoUiSand doUars for the purpo-;:e of building a boiler ihouse for tiJ::te protection of property at tJhe Georgia S<fuool :for the Deaf.

Referred to Committee on Appropriations.

By :Mr. Collum-

A bill to amend an {l;ct to create !a Board of Commissioners of Roads and Revenues for bhe county of Floyd, etc.

Referred to Oommitbee on Special Judiciary.

By ~Lr. ilfCILaugihlin-

A bili to ill'ake it unlawful for any person to fire any pistol, gun, or other firearms in an excursion train.

Referred to Committee on Geneo:"al Judiciary.

By Mr. Knowles-

A bill to promote the establishment and efficiency of libraries in 'tlhis S'tate.

Referred to Committee on Education.

By unanimous consent, the following Senate bills were read second time:

By :Mr. wooten-

A bill to provide a new system of registration of the voters of this State.

FRIDAY, NOVElllBER 26, 1897.

321

By Mr. Starr-

A bill to amend section 1030 of the Oode of 1895.

By :Mr. Wootoo-

A bill to provide f-or the maEng of t{tx returns for all improV'ed real estate, and for making all money invested in life insurance lia'ble :fior ua.xation.

Upon motion of Sena:tor Flewellen, the Senate took a recess until 11:30 o'clock.

At 10:30 o'clocJk tihe Senate was oalled to OTder by Senator Gray.

By unanimous consent, tlhe following Sena:!Je bills were rea-d first time:

By ::\fr. Hopkins---:

A hill to amend the charter of bhe city of 'Dhomasv-ille.

Referred to Committee on Corporations.

The President ordered 1:ihe l'dll ealled, t.o 'a:scertain whetheT the[' was a quorum presell't or not. The follCYWing is the call:

Allen, Battle, Blalock, Brinson, Comas, Flewellen, Flynt, Goldin, -Golightly,
21'3

Gray, Ham, Hopkins, Kilpatrick, Mann, l\JcFarland, Redwine, Shropshire,

Starr, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Van Buren, Vvestmoreland. Wilcox.

322'

JOURNAL OF THE t:)ENATE.

Those absent were Messrs.-

Atkinson, Brooke, Carter, Castle berry, Cook, Culver, Dunwody,

Everett, Geiger, Hudson, Kemp, Sheffield, ::Stevens,

Turner, Walker of the 18th. Walker of the 40th, Witeher, \Vooten, Mr. President.

Upon the call of rthe roll there was a quorum present.

upon motion of Senator Stewart of 34th district, the follo\vimg House bills were read third time:

By Mr. Reid-

A bill to pr()hlbit the trrupping or killing tJhe fiSh in the waters of Bibb county.

Upon the pasooge of the bill the ayes were 23, nays 0.

The bill, having recei1ned rtihe requisite r:onstitutional majority, was passed.

By Mr. Boynton-

A bill to abolish the count.y court of Oalhoun county.

Upon the passage of tihe bill the ayes were 23, nays 0.

The bill, having received the requisite eonsritutionral majority, was passed.

by Messrs. Brown and J'Ordan-
A bill to anthorize the mayor and cit~r council of Hawkinsville to issne bonds fror the purpose of building and

FRIDAY, NovEMBER 26, 1897.

323

maintaining a system of waterworks and elootric lights in said '11o:wn.

Upon 'tihe passage of tJhe bill the ayes were 23, nays 0.

The bill, thawng rooeived the requisi:te constitutional major~ty, was passed.

By Messrs. Brown and J"Oroan-
A bill to aut'htome 'lfu.e maJ'or and oounoil of H-awkinsville to eall am. elootiO'll. fur the issuing of honds.

Upon 1fh.e passage of :the .bill 1Jhe ayes were 23, nays 0.

The bill, ihaving received tthe requisite constitutional majority, WJaS passed.

By unanimous oonsen!t, 1lhe foll~ng Senate bill was read third time to be put upon :iJts passage:

By Mr. Blalock-
A hill to EStabliSh a system of rpublic sohools in Fulton county, outside of Atlanifla.

Upon 'llhe passage of the bill the ayes were 23, nays 0.

'Dhe hill, frraving received :the requisite constitutional majority, was passed.

By unanimous consent, th:e f()Howing joint rSOlution was read 'lfu.ird time to be put upon its passage:

By Mr..Oalvin-
A resolution appointing a commissi'On to investigate and repont the best system to regulate lJhe ba'TI.king business in this State.

324

JouRNAL oF THE SENATE.

Upon the passage o the resolution the ayes were 23, nays 0.

The resolution, 1having received the requisite eonstituti'Onal majority, "\VIaS passed.

By Mr. Thomson-

A bill 1lo in-corporate th'e town of Homer, m Banks county.

Upon 1fue passage of the bill 1ib.e aJes were 23, nays 0.

The bill, !having receiv;ed the requisite constitutional majority, was !paSSed.

By :Mr. Hogan-
A bill '00 authoriZJe the town oouneil of Lincolnton to
levy a tax n'O't to exoeed. onehalf of one per cent.

Upon iJ:Jhe passage 1(} the bill th'e ayes were 23, nays 0.

The bill, 'having reooiV'ed -the requisi:te oonstitutional maj-ority, was passed.

By ::\fr. Duffy-
A billtto prohibit the sale o seed eotoon in 1ihe oounty o
J-ones.

1:pon the passage of the bill the ayes were 23, nays 0.

Jlhe bill, having received the requisite consti!tn't1onal m'ajority, was passed.

FRIDAY, NovEMBER 26, 1~97.

325

By Mr. Duncarn-

A bill to autihorize 1lhe Trustees of the Female College o0f Houston to sell the house and lot in Perry.
o: Upon ifu'e passage of the bill tihe ayes were 23, nays

Tfhe 'bill, having received ifh.e requisite constitubioTIIal majority, was passed.

By Mr. Al"lllS'tl'ongA bill to provide wi<tih referenoe :to insolv<entt costs of
!Solicitors, and for other purposes. Upon the passage of ifue hill the ayes were 23, nays 0. The hill, 'having rooeiv~d t!ihe requisite conSti1tutional
majority, was passed. By unanimous consent, the following House bill was
taken fmm tihe table ~a:n:d put upon its passage:
By Mrr. LeardA bill to abolrsh tihe dispensary livw of Hart CJounty. Upon 'the passage of 'tlhe bill the ayes wm'e 23, nays 0.

'Dhe bill, having reoeived tlre requisite constitutional maj-ority, was passed.

Leave of 'absence was g11arrted ~1essrs. Wooten, Castleberry, and Wilcox to visit the convict camp in Oglethorpe oounty.

Also, Messrs. Slhe:ffield, Cariter, Eemp, Geiger, Oook, Mann, Dunwody, Atkinson, Turoer.

326

JOURNAL OF THE SENATE.

lf:r. Brulltle moved to adjourn.

lfr. Thomson moved as substitute tfuat the Senate adjourn until }[onday morning at 10 o'clock.

Mr. Stewart of 34ith moved tha:t ifue Senalte 1adjourn. until lion:day morning at 12 o'dock.

'Gpon i!his vo'te :Mr. Battle oallad :Do!!' the ayes and n:ays,
which eall was sustained. The vote was as fullows:

11hose vming in the a:ffirmta:tive were :Messrs.-

Blalock, Comas, Goldin, Hopkins, Kilpatrick,

Mann,
l~cFarland,
Shropshire, Starr, Stevens,

Stewart of the 27th, ~tewart of the 34th, Thomson, Wilcox.

11hose Vloting in the negative were Me::.--srs.-

Allen,

Flynt,

Redwint>,

Battle,

Golightly,

Strother,

Brinson,

Gray,

Van Buren.

Flewellen,

Ham,

'.Dhose not voting were Messrs.-

Atkinson, Brooke, Carter, Castle berry, Cook, Culver, Dunwody,

Everett, Geiger, Hodson, Kemp, Sheffield, Turner,

Ayoo 14. Nays 11.

Walker of the 18th, Walker of the 40th, 1\'estmoreland, Witcher, Wooten, Mr. President.

'Dhe motion of Senaltor Stewart having rooeived a majority was carried.

The Sen'ate sbood adjoumed until }fondlay morning at 12 o'clock.

MoNDAY, NovEl\IBER 29, 1897.

327

Senate Chamber, Atlanta, Georgia, Monday, November 291fu, 12 O'dodk M.

The Senate met pursuant 'to adjournment, and was called -to order by the P:t~esident.

Upon mo'ti'On of Ur. Battle, tihe Toll-call was dispensed
with.

Mr. Battle moved to take a recess until 12:50 o'clock,
which motion w>as carried.

At 12:50 o'clock tJhe Senate was called to ~:>rder.

The Journal of Friday was read and confirmed.

UJmn motion of >Sen!R'bor Turner, the session was ex-
ten.ded un'til 1:15 o'clook.

'I'he f.oUowing message was received :from the House through J.fr. Hardin, ifue Clerk thereof:

.Mr. P.r.-csiden:t; The House >has passeod by the Tequisibe constituti.onral
majority tlhe follawin:g bills, to wit:

A bill to 13.mend an act inoorporalting the town of Meigs, in 'flh'Omas county.

Also, a bill to pi"ovide a commutation tax in lieu of road
-duty in 01ayton county.

Also, a bill to amend the cha.rtter of 1Jhe town of Powder .Spring'S, in Cobb oounty.

Also, a bill to provide IR system of public sdhools in the 100wn of l{cRia.e, in Telfair county.

328

JOURNAL OF THE SENAT.I!:.

Also, a bill to amend an act inoorpora!ting the town of Smyrna, in Oobb county.

Also, a bill to autJhtorize the town of Thomaston tbo issue
bonds for school purpooes.

The House 'Was also a:do;pted the :follow-ing resolutionsr in which -ehe concurrence af tihe Senate is >asked:

A resoluttion invitting the Hon. L. F. Garrard to address'the General Assembly on Deoem'ber 1st.

Also, a resolutflion to a:ppoint a oommittee to inspoot the Norttheastern Railroad.

Also, a resolution for the relief of Nick King.

r.Dhe House thas also OOU'Curred in the Senoa:te 18mendmentts'tc the foUO'Wing House bill:

A bill to inoorporarte the city of Thomaston, in Upson oounty.

The House has a.lso passed by the requisite constitutional maj'O'rity !flhe following Sena'te bill, to wit:

A bill Ito a!boliSh tfue city court of Coffee comrty.

Mr. BrillS'on, 'Chairman of Committee on Enrollmen-t, submilrtied the fullowing report:

Mr. Pre.sident:
The Oommi!btee on Enrollment thtave exanniood and found duly enroHed aill.d ready for tJhe signatures of the P1esident 'Of 1Jhe Senate and the Speaker of 1lhe House of Representati~es the :following ac'ts, to wit:

MoNDAY, NovEliBER 29, 1897.

329

An Mt bo .abolish. ,tfu.e county court of Appling county.

Also, an !act to estrublish the city court of Ba..xley, in Appling county, and .or oiJher purposes.

Also, am. wt co aboliSh tfue city cour-t of Ja:ckson eounty;. and for other purposes.

Also, an I3JCt to establish the ci!ty court of Jefferson; inJ ackson eounty, and for odther purposes.

Also, an aot to amend the charter 'Of the town of Una- diU.a, in Dooly county, and for other purposes.

Respectfully submitted.

EDWARD L. BRINSON, Ohairman.

Mr. Wooten, Ohairm'at;t pro tem. of Oommilttee on Engrossing, submitted 1Jhe foUowing repOTit:
Mr. President:

The Committ-ee on Ell'grossing lhave examined and found duly engrossed and ready to be 1tmnsmitted to the House the following Senate bill, lbo wit:

A hill to be enltitled an act to esbablisih a syst.em of public schools in Fulton county, outside <>f the city of Atlanta, and in tJhe ltown of East Point, and for other purposes.

Respectfully submitted.

JOHN A. WOOTEN, Chairman pro tem.

M:r. Golightly, Oha:irman of the Oommi!trllee nn Oorpo:rations, submitted tlhe foUowing Tepol'lt:

:330

JoU.RNAL OF THE SENATE.

/Jl1. P.res-ident:
The Oommittee on C()rpt)l'lations have ihoad under ~onsid eration tfue foUowimg 8ena'lle hill, whidh I am directed to report back with the reoommendati'On that the same do pass, to wit:

Senate bill No. 136, 'to amend ~the dharter 'Of the city o 'Thomasville, and f<>;r '()lbher purposes.

Respectfully submitted.

J. F. GOLIGHTLY, Ohtairmrun.

By unanimous oonse;nt, tJh.e following Sooa:te bill was Tad first time:

By )fr. Dunwody-

A bill to 'amend the eJha.'l'ber of the town of Brunswick, .Wld fur o'l:.her pu1'_PO'OOS.
Refei~'ed 11o Oommill1Jee on Special Judiciary.

By unanimous conse'Il't, tihe following House bill was read third time to be put upon i't.s passage:

:By !fr. west-

A bill bo aboloWh 1fhe city oourtt of Lowndes oounty.

Upotn tthe passage of tihe bill the ayes were 25, nays 0.

The bill, htaving l'eoeived the requisite oonS't~tutioo.al majority, was passed.

By unanimous oonsent, 'IJhe following House bill was reatl .third time ito be put upon its passage:

MoNDAY, NoVEl\IBER 29, 1897.

331

By :Mr. Armstrong-

A bill to regula:te ttlhe distribution of the funds arising from fines and forfeitures in the county court of Wilkes ooun:ty.

Upon t!he passage '0' 1Jhe bill llhe ayes were 26, nays 0.

The bill, having rooeired the requisite constitu:tional majority, was passed.

By )fr. Taylor-

A bill !to make i:t unlawful to m'anu:fa.cture intoxicating spirits in the -cou'filty of M:eriwetJher.

Upoo. the passage of the bill 'lihe ayes were 26, nays 0.

The bill, having reooived the requisite consti:tutioool. majority, was passed.

By unanimous consent, the following Setra:te bill was read second t:ime, to wi!t:

By :Mr. Hopkins-

A bill to amend 1Jhe charter -of 'lfu.e city of Thomasville, and for other purposes.

Upon moti:oo of )fr. Ba1:1tle, 1Jhe Senate adj-ourned until to-morrow morning at 9 o'clock.

332

JOURNAL OF THE SENATE.

Senate Ohamber, Atlan:"ta, Georgia,
rr'uesd'ay, November 30tlh, 9 0'clock A. M.

The Senate met pursuant to adjou'l"D!!llent, and was called to order by 1Jhe President.

Prayer Wlas offered by Senator Allen.

Upon tihe call of the roll, the following membel's answered to .their names:

Allen, Battle, Blalock, Brinson, Brooke, Castleberry, Cook, Culver, Everett, Flewellen, Flynt, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Iludson, Kemp, Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stewart of the 3-lth, Strother, Turner, Van Buren, Walker of the 40th, Westmoreland, Wilcox, Witcher, Wooten, :Mr. President.

Those absent were :Messrs.-

Atkinson, Carter, Comas,

Dunwody, Kilpatrick, Stevens,

Stewart of the 27th, Thomson, Walker of the 18th.

}fr. Battle, chairman of the General Judiciary Committee, submitted the following report:

The General Judiciary Oomm'iiJtee 'have iliad Utnder -considera;tion the following HouS'e bill, which they instruct me to report back to the Senate with the recommendation

TuEsDAY, NovEMBER 30_. 1897.

333

that the same be recommitted to the Special Judiciary Committee ,to wit:

A bill to esatablish the 'City court a Clarkesville and Toccoa pin Habersharrn county.

Respectfully submitted. C. E. BATLE, Chairman.

The follnwing message was receiYed from the House, throug'h llir. Hardin, >the Clerk thereof:

M1. Pre&idcnt:
The House has passed, py the requsite constitutional ma-
jority, the following briU, 'to wit:

A bill to provide for payment taf pensions to indigent soldiers for the yea~ 1898.

The House 1has also passed tlhe following resolution, 1m which the concurrence a the Senate is asked, to wit:

A resolution tendeTing the Sta:te capitol to the Unitted Confederate Y etemns' Associa't:i<on for conventio~ml purposes, and appo~nting a committee to welcome them.

The committee ton tihe part of iJhe House are :NLessrs. T. B. Felder of Fulton and J. :M. Pace of N etWton.

:Mr. Golig1htly, chairman of the Committee on Co'lptorations, submitted the follvwing report:

Mr. President: The Oommittee on Corporations 'have ha:d under consid-
eration the following House bills, which I am instructed lo

334

JOURNAL OF TilE ~ENATE.

repo.rt back wi,th tihe reoommendaltion ttJhat 'tlhe same dopass, to wit:

House bill No. 634, bo au1lhorize tihe city of W'aycross to issue bonds 'to an amount not bo exceed fifty ;tfh'Ousa;nd dollars, for 'lfue purpose 'Of -establiShing a sewerage system for said city, and :for other purposes.

Also, House bill Nl(). 654, 1lo amend 1Jhe ohar.ber of thecity of Culloden, to define its limits, and for other purposes.

Respectfully submitted. J. F. GOLIGHTLY, Ohairman.
Mr. Golighltly, choo.rman 'Of 'tlhe O()mmi1Jtee oo. Oo:nporations, submit.ted the f01llowing repm~:

The Gommi:tt.ee on Corporations halVe had under consideration the following House bills, which I am instructed to report back with the rreommendation that the same do not pass, 'to wit:
House bill No. 368, 1b repeal an a.Cit to create and organize a board of tax assessors and receiverrs for the city of Savannah.
Also, House bill 364, -to repeal an act to create and OTganize a board of police Commissioners for the cit.y of Savannah.
Also, House bill No. 366, to repeal an act to create and

TuESDAY, NovEMBER 30, 1897.

335-

organize 'a iboruvd of waiOO:r -commis&ion1I'S for the city of Sa-v.annah.

Also, Hou.se bill No. 362, to repeal an act to create and
oo or.g-anize a board fire commissioners for the city o.f Sa-
vanmrlt.
R-espectfully submitted.
J. F. GOLIGHTLY, Chairman.

Mr. Redwine, chairman of Commitbee on Manufootm-ing, submiltted 1ihe following report:

Mr. Pr.e&ident:
The Committee ron :M:anufa{!turing have had under ciOn-siderattiQIIl the :f.ollowing House bill, w'hiclh they instruct me 1to reportt back 'to 'tihe Senate wi1:lh. 1fu.e recommendattion_ that same do pass by substitute, to wit.:

A bill to be en1titled an 1001t ito aml~htQirize col'pora:tions 01.. individuals engaged 'in conStructing or operating electric plants by \v.ater-power for 'IJhe purpose of furnishing lights. fu towns or cities or supplying motive power :!)or railroads, etc. ; and for dtlher purposes.
Hespectfully submitted.
J. E. REUWINE, Chail"Dlan.

Mr. Stevens, chai'Tman of Comm~IJtee on Appropriatioru. sul:mritted tlhe fuHowing report:

"-lfr. Pre,sidcnt: 'Dhe Committee on App:ropriatilons have had under oon-
sid<eration tJhe folloowin1g House bills, which they instruct

:336

JOURNAL OF THE SENATE.

me to report hack tto 'tfue Senate wi:bh the recommendation that same d'O ~ss, 1:'0 wit:

A bill to be entitled aiD. oot 1Jo appropriate one 1fu.ousaud dollars to :repair warn-oU't maps in 11he 'Office of Secretary Of State.

The Committee on Appmpriations lhrave h'ad under concSideration lthe following joint Tesoluti'On, whi'C'h they in.struot me to re})Oil't lha.ck lfJo the ;Sell!a!te wi'tlh. the r-ecommendation that same do pass, to wit:

A joint resolution to appro~riate five hundred dollars to procure a life-size portriD!t of Ron. Charloes F. Crisp.
a Also, j-oint resoluti.~<m appropriating eight ihundTed
.dollars :for the republi0ati:on of Goorgia Reports.

Also, a joinit resolution J)l'Oviding for the purchase of Georgia Fonn Book.

Respecrtfully submitted.

0. B. STEVENS, Chairman.

(Mr. Goliglb.tly, chairman of 'the Committee on Oorporationsy, submitted the following report:

.Mr. Prc8iden,t:

The Committee 'On Corporations 'have had under consid-eration the fioUowing House bill, "1-Vhich I am directed to repor.t back with tJhe recommendation that the same do pag;,
l!io wi;t:

TuESDAY, KovEl\fBER 30, 1897.

337

House bill No. 502, 1io incorporate ffu:e town of Woodstock, in Cherokee ~ounty.
Respectfully submitted.

J. F. GOIJ:GHTLY, Ohairman.

By unanimous consent, tfue follO'Wi'llg House bill wa:.: read iJhe second time and recommitted to Special Judiciary from General Judiciary Committee:

By Mr. Bowden-
A bill to esbrubliSih a city oourl in Olarkesville and Toocoa, in HaJbersham county.

By unanimous consent, the following resolution was read and agreed to:

By Mr. Felder-
A resolution tendering the State capitol to the United Oonfedemte V etetrans' Associ'ation fur OOoJ1"Vlention'al purposes, and appomting a oommitllee to weloome them.
Under l'egular order, the following House bills were read the first time:

By "Mr. Nisbet~

A bill to provide :lior a commutaltiton ta.".C in lieu of roa:d work in any militia or road districts in Jfue county of Claytou.

Referred to Committee on Public Roads.

JOURNAL OF THE SENATE.
By .llr. Adam~.A bill to au'~horize the city coun-cil,of Thomaston, Upson
county, to issue bond5. Referred to Committee on Education.
l~y 1[r. "'\Vilcox of TelfairA hill to provide fOT 1lhe establishment .of a system of
pnblication in the town of McRae, in '.Delfair coun'ty. Referred to Committee on Education.
By Mr. MozleyA 'bill to am'end an aot incorporating the tJown of Pow-
der Springs, in Cobb coun1ty. Refel"J.""d -to Committee on Oorpoi'ations. Also, a bill to an1end and supersede an act incorporating
th:e town of Smyrna, in Cobb county. Referred t.o Oommit:tee 'On Oorporaitions.
By )[r. Wilkes-"\. bill to amend an act incorporating the town of :Jieigs,
in Thomas county. Referred to Oommittee on Corpomtio:QS. The following joint resolution was read and adopted:
lly :\lr. Oalvin.A resolution inviting the Hon. L. F. GarraTd to address
tJhe General Assemlbly on Wednesday night, December 1st.

TuESDAY, NovEllfBER 30, 1897.

039

The following House bill was read the first time: By :JJr. Blalock-~-

_;\_ billrto lll'ake an 1a})propriabion for the payment of pen'l'ions t'o indigent soldiers for tlhe year 1898.

Itefcrred to Committee on Appropriations.

ruder regular order, the followinrg House bills were Tdtd third tin1e to be pnt upon their passage:

By :Jlr. Charters-

A bill to amend an ad est.atb1ishing a pUJblic school sys:trm in Dahlonega, Lumpkin county.

Upon the passage of this bill the ayes ware 26; nays 0.
The bill, having rooeiw~cl the r~Jlrisite constitutional majoriry, was pa.~sed.

By :Jir. Thomas of \Yar~
A bill to a1r~horize the city of \Vayl{'ross to issue bonds n'Ot to exceed $50,000.

Upon the passage the bill the ayes wcye 26; nays 0.

The bill, rhaving received the requisite constitutional majority, was passed.

J3y ~lr. :Jfaddrox--

-'-\ bill to prohibit the manufacture of intoA'"ioating liquors ]n the oounty of Harris.

Upon tJhe p3ssage of the bill the ayffi wem 26; nays 0.

340

J OUltNAL OF THE SENATE

.1'he bill, having rooeived the requi~te coostirtutiooal maj-ority, was passed by substitute, as amen~ed.

The amendment was as fullows:

Amend Senate substitute for House bill No. 297 by striking from th'e fou:ti!Jh !itne of SC'tion 1 the words "the passage o this act., and substituting therefor tlhe words "the first. day of March, 1898."

By unanimosus consent, the fo:llowin:g House bills weretaken up, which had adverse report from Committee:

By .M:r. Meldrim-

A bill rto l'epeal an act oreruting a hoard o water eom--
missionel'S in the city orr Savannah.

Upon agreeing to the report o tihe committee, 1\fr. Hopkins oalled for the ayes and nays, whi<'h call was sustained,. and the VO't-e was as follows:

Those voting in th'e affirmative were Messrs.-

Atkinson, Battle, Blalock. Brinson, Brooke, Ca11tleberry, Cook, Culvt>r, Dnnworly, Geig.. r,

Goldin, Golightly, Gray,
H>~m,
Hudson, Kemp, Redwine, Shropshire, Starr,

Stewart of the 2/th,. Thomson, Turner, Van Buren, Walker of the 40th,. Westmoreland, \Yilcox, 'Vitt"hcr, Wooten.

Those voting in the negative were Messrs.-

Strother,

TuEsDAY, NoVE)IBER 30, 1897.

341

Those not voting were Messrs.-

Allen, Carter, Comas, Everett, .Flewellen,

Flynt, Kilpatrick, Mann, McFarland, Sheffield,

Stevens, Stewart of the 34th, Walker of the 18th, Mr. President.

Ayes 28. Nays 2.

The report of the committee was agTeed to and the bill was lost.
Also, a bill to repeal an a:ct creating a board of fire comniE>Sioners for the ci;ty of .Savannah.

The report of the committee was agreed 'to and the bill 1ost.

Also, a bill to repeal an ct creati.Wg a board of t~x assessors for the city of Savannh.

The report <>f the committee was agreed to S!lld bill lost.

Also, bill to repeal an act creating a board of police <'Oir!.missi'Oners for :tJhe city of Savannah .

The r-eport of tJhe committee was agreed to and bill was
.lost.
].fr. Dunwody, c;hairman of Committee on Military ,sub-mitted the following report:

Mr. P.re&Ukn:t:
The Committee 'On ~mt.ary have had under consideration 'the oHowing Senate bill, which they instrum me 'lio

342

JOURNAL OF THE SENATE.

report back to 1lhe Senate with the recommendation tha~ sa.-ne do pass as amended, to wit:

A bill to be en:titled an act Ito increase the :mnk of adju- tants-gerreral in this State.

Respectfully suhmi'tted.

UndeT the regular order, the following Senate bills were: reacl third time, to be put upoo their passage: By ::\fr. Battle-
A bill to I'epeal section 1010 of the Oode of 1895. Amendments wwe agvood to. Upon mdti'On of ~fT. Battle, the 1bill was laid upon thetable. Also, a billto alter and tamend secti!an 974 of the Oode of
lSiJG .
.Amendments were agreed to . 'ITpon motion of ~fr. Baitble, the bill was tabled. Also, a bill to make oriminal pleadings amendable in this. State. Upon motion o[ }.fr. Hatlt1e, the bill was tabled.
By Mr. StarrA bill to require judges of !fihe superior courts to write
out their charges to juries.

TuESDAY, NovEl\1BER 30, 1897.

343

U p001 the passage 'Of 1the bill the ayes were 28; nays 0.

The bill, having reooived ithe requisite oonsmtutional ma-

jority, was passed by substitute.

By Mr. W ofJiten-

A bill to change the time of hol.ding ~fontgtlm~ry superor -court.

Upon the passage of the bill t:Ahe ayes were 28; nays 0.

T'h-e bill, !having received the requisite constitutional majority, was pass~ by substi'tu!te.

P.y Mr. Battle-

A bill to arrnend paragraph second of secti'On 2804 of the Coue of 1SD5.

Upon the passage of the bill the ayes were 27; nays 0.

The bill, haV'ing received the requisite constitutional majority, was passed.

Also, a hill to amend section 2805 'Of t.he Code 'Of 1895.

Upon the passage of the bill the ayes were 27; nays 0.

The hill, h1aving received Vhe requisite oonstitutional majority, was paS&ed.

By j\rfr. Hopkins- A bill to amend 1Jhe charte-r of the city -of Thomasville.

Upon the passage af the bill the ayes were 28; nays 0.

344

~rouRNAL OF THE SENATE.

The bill, having receiv;ed the requisite constitutional majority, was passed.

By unanimous consent, the following Senate bill was read secbnd time:

I3y Mr. Gr<ay-
A bill to increase the rank of adjutants-general of tihis State.

By u:nJanimO'IlS oonsenlt, 1ibe fdllorwing Sen:rute bill was read the third time, to be put upon its passage:

I5y l\fr. TurnerA bill to prohibit any person from buying or selling the
right to shoot at turkeys, ohickens :and otJher domestic fowls.

Upon the pa6Sage of the bill :Mr. Goldin called for the ayes and nays, which call was sustained, and the Yote was as follows:

Those v.oting in the a:ffilmllltive w8a'e Messrs.-

Allen,

Flynt,

Stewart of the 21th,

Atkinson,

Geiger,

Stewart of the 3-!tb,

Blalock,

Goldin,

Turner,

Castleberry,

Golightly,

Walker of the -lOth,

Culver,

McFarland,

Wilcox,

Everett,

Redwine,

Witcher,

Flewellen,

Starr,

Wooten.

Those v.oting in the negative were Messrs.-

Battle,

Dunwody,

Thomson,

Brinson,

Ham,

Van Buren,

Brooke,

Kilpatrick,

Westmorelantl.

Cook,

Sheffield,

TuEsDAY, NovE:~IBER 30, 1897.

345

Those not vo.ting were Messrs.-

-<Jarter, Comas, Gray, Hopkins,

HudRon, Kemp, Mann, Shropshire,

l::ltevens, Strother, Walkt:lr of the 18th, Mr. President.

Ayes 21. Nays 11.

The bill not having reccived a constitutional majority m.s lost.

Ur. Tnrner gave notice that he would move to rooonsider the bill just lost to-morrow morning immediately after the reaidiug of the j.ournal.

By unanimous consent, the following Senate bill was read L.r;;t time :

By :\fr. Battle-

.:\ hiil to amend section 1017 of Vol. I. of tthe Oode o
l89!i.

The following -commu'llictttion wlas re:ceived from his Excelkncy the Governor, through :Mr. \Varren, his secretaxy, to wit:
Mr. Pres-iiflent .' I am directed by the Governor to deliver to the Soell'ate a
sealed cornmunietation, to which he respootfully invites the consideration of your lhon'Orable body in ec:recutive sessioon.
The .following message was Teeeived from ihis Excellency the Governor, through ills secretary Mr. Callaway:

346

JuUR~AL OF THE SENATE.

M1. Pres-i-dent:

The GoYe:rnwr has approved the following acts, to wit:

An oaet to provide for the filing, hearing and determining of c-ontests in efections held fur ithe remCYVal of county sillies, etc.

An tact rto .amend, chlange and repe;al section four 'Of the charter of the town of Unadilla.

An act to amend the ohrarter of the tJ()wn of Unadilla.

An act to abolish the c,jlty courlt of Jackson county, and to traJ.sfer aU business and records to the city court of J efierson.

An act to e~tablish tlhe dty coul'lt of Jefferson in Ja'Ckson county, ctl'.

By unanimous consent, the followin'g House bills were read second time:

By :Mr. Catvin-

.A. bill t(l npvropriate $1,000 to repair worn-out and mutilated 'County maps of this State.

By :Mr. webb-
A bill to incorporate the town of woodstock, in Clarke county.

By JJr. Thomas of Ware-

A hill to establish a city court in Waycross, Ware county.

TuESDAY, NovE:~lBER 30, 1897.

;j4T

By J\fr. Rutherford-
A ibli.ll to amend an a~t incorp011a!ting I!Jhe town of Culloden, in Monroe coun1y.

The following joint resolutiton was read second time:

By Mr. 1.Vight-

A I"eE'olution apprapriating $500 to purehase a portrait of Ron. C. F. Crisp.
By Mr. Slat.orn.-

A resolution appropriating $8.00 for the purpose of reputblishing two lb.undl'ed each ;of Georgia reports, Vols. 84,. 85, 86, 87, and for otJher purposes.

At 11:20 o'<'lock the &mate went into eX'ecu:tive ses-
&lOll.
Ry unanimous consent, the f<llow-:ing Senalte bills ad-ver!:ely reported from committees were iaken up:

By :Mr. Stewart of the 27th distnict-

A bill to amend and alter the acts of 1889 (page 58), section 2, 'l"elaJtive t1o the 'trustees and offi,oors State Lunatie Asylum.

Report of the committee agreed to and bill lost.

By ~ir. Berner-

A bill t0 provide far the reorganization of d1he board of trn$1'ees o:f the State University 10 Georgia, so as to elect them hy the people.

'348

1\:f.r. Berner mocv;ed to disagree 'to the report of the committee, which wa~ adverse to the passage of the bill.

Upon this motion Mr. Battle called for the ayes and nays, which call was sustained, and the vote was as follow;;:

Those voting in the affirmative were Messrs.-

Allen, Blalock, Brinson, Brooke, Carter, Castleberry, Comas, Everett, Flewellen,

Flynt, <3oldin, Golightly, Gray, Ham, Hopkins, HudSOJ!, Kemp, McFarland,

Redwine, Sheffield, !::ltarr, Stewart of the 27th, Stewart of the 3-!th, Strother, Turner, Wooten.

'!'hose voting in the negative were Messrs.-

Atkinson, Battle, Cook, Culver, Dunwody,

Geiger, Kilpatrick, Shropshire, Stevens, Thomson,

Van Buren, Walker of the 40th, Westmoreland, Wilcox, Witcher.

Those not voting were Messrs.-

Mann,

Walker of the 18th, Mr. Prt't~idnt.

Ayes 26. Nays 15.

The motion, having received a majority, was carried.

The bill was read third time.

Upon the passage of the bill :;\Ir. Battle called for the .ayes and nays, which call was sustained, and the Yote was as follows:

TuEsDAY, NovEMBER :30, 1897.

Those voting in the affirmative were :M:essl'S.-

Allen, Blalock, Brinson, Brooke, Carter, Castleberry, Everett, Flynt, Goldin,

Golightly, Gray, Ham, Hopkins, Hudson, Kemp, McFarland, Redwine,

Sheffield, i'tarr, St.-wart of the 27th, Stewart of 1be 84th,. Strother, Turner, Wilcox, Wooten.

'l'h~se voting in the negative were Messrs.-

Atkinson, Battle, Cook, Culver, Dunwody,

Geiger, Kilpatrick, Shropshire, Thomson,

Van Buren, Walker of the -!Oth,. 'Vestmoreland, Witcher.

Those n!Ort voting weTe Messrs.-

Comas, Flewellen,

Mann, <il::!tevens,

Walker of the 18th, Mr. President.

Ayes 25. Nays 13.

Tl10 bill, Jw.Ying received the requisite constitutional rna-jortiy, was pa~sed.

By unanimou~ C')Dsent, Mr. Comas withdrew Senate _biil No. lOU.

The privileges of 1Jhe floor were e"'tended to ex-Senabor\V. H. Lumpk-in during his stay in the city.

Jir. Shropshire, chairman of Special J ndidary Comm~t-
tee, submitted the fd1owing repOTt:

:350

JOURNAL OF THE SENATE.

Mr. PresidJent:

The Special Judiciary Committee haYe had under considemtion the following Seroate bill, which they instrnd me te report back to tlH.' S.enra-te w~th t:Jhe recommendation that same do pass, to wi't:

A bill to be entitled an act to amend the charter of the town of BrHnswi<'k.

The Special J nh.?ary Committee have also h~1l under
consideration :.he :foDowing House bill, whic'h they i:tstr111~t me to 1epnrt b>1ck f.o fue Sena:t.e witlh the recomnwnd:lt.ion that same d'O }'&lOS, to wit:

.A bill to be entitled an act to amend an act creating a boo.rd of eomrni;;siom::rs of roads and raven-qes in ~fontgom ery county, rand for other purposes.

The Spe-cial J 11 biary Oommittee have had under con~id era.tion the following House bills, which they instruct me to report baek io the Senoa'be wi'th the recommend!'lt~on :i1::1 t same be rea;d second time and reC'ommitted to Committee on Oorporati'Olls, to wit:

A bill to be entitled an act to Cl'eate the offioo of commissi'Oner of public works in the city of Savannah, and for other purposes.

Respectfully sulbmiotted.

iWESLEY SHROP.SIITRE, O'hairman.

The following Sena:tie bitl a:dverse1y reported was r'ead "third time:

TuESDAY, NovE~IBER 30, 1897.

351

By l.Ir. Comas-

:A. bill to give tlo the Railroad Co1nm..iss:io.n of this State, powe:r to regwa.te the charges 'Of sleeping oa1 fare.

The r'ep'Ort of oommittee was agreed to am.d bill was lO&t.

By un:animous conoont, the following Sen:ate bill was read IS'e'cond time:

By ~fr. DumwodyA bill to rumemd t.he charte:r of the city 0! Brunswick.

The foillowing House bil!l.s were rea.d second time:

By }Ir. Calhoun-
A hill to CJ.'etate a Boord ()[( Oommissions of Roads and
Re,enues fur iilre oounty o.f ~Iontgomery.

The following House bm Wlas l"e!ad secand time and 1'6comm.i:tt.ed f1om Special Judiciary Oommibtoo to Oonunit-
tee on Oorpora,ti.ons.

By }fessrs. ~feld1-im, :McDonough mnd Duncam.-

...:\. bill to create the office of Commissioner of Pu.blic Works in city 'Orf Sa:v!anrra'h.

The foJlo1'.'ing Sen'a:te biill which was !adversely reported from Commlittoo was read third time:

By :llr. Bla.lock-

A biH to exteiild the powers of th'e Ra.ilroal Commission so as to gi-ve them authority to regulate the charges of telephone companies under c'ertain circumgtances.

352

JouRNAL OF THE SENATE.

Reporrt of the commitWe wtas agreed to and bill was lost.

By unam.im:ous ~onsent the following Seuate bills wereread first time:

By Mr. W oort:en-

A bill bo provide for 11he trialof muminal cares in county courts of th~s State, am.d far 'otlh'er purpooes.

Referred to General Judiciary Committee.

By ~Ir. ShropshireA bill to craa.ie a. Bolaxd otf Commissions oaf Roads and'
Revenues for thte coUJD:ty 'Oi Ch'attooga.

Rearred bo Ooo:nmilltee on CorpoJia.tions.

Upon motion of Mr. Ba.'lltJe th:e sessiOIIl of the Sen.rute was' extended untill the b'US!i.ness on 1lhe Secretary's desk was dis posed of.

By unJaJlim:ous OOnselllt the foHowing Sana te bill was l'eta<d thi'l"d time an:d put upon its passage:

By Mr. Comas-
A bill to am'end oo act regulating the sale of imto~icating liquors in Appling oounty.

Upon the passage o: 'tlhe bill tih-e ayes were 27, nays 0..

The bill having receli.ved tihe requisite cOIIlStitut.i.onal majority was passed.

By unamimous consent, the folliowin:g S>enate bills adYersely reported from committee were read third time.:

WEDNESDAY, DECEMBER 1, 1897.

353

By Mr. Starr-

A bill to .amood soobi.an 859 of volume. 3 of tilie Oode of 1895.

RepOTt of committe'e was agreed to and bill ''"as lost.

R,Y ~k Starr-

A billilo amend ~.tion 858, Yolume 3 of the Code of 1895.

Report of commilbtee 'W.as agreed bo and bill lost.

:Jir. Golightly moved to adjourn.

~[r. G1:1ay moved !as substitute, that tfue Sell!ate adjoum until to-morrow at 9 o'dock. The motion 1lo a'djourn was lost. The snbsbitnt.c to rudj01m-n until to-morrow at 9 o'dock wr.as carried.

Senate Ohamber, Atlanta, Georgia,

c

:wednesday, Decembr 1, 9 O'clock A.M.

The Senate met pursuant to adjournment, and was called to order by the Presid1en t.

Prayer was offered by the Ohaplain.
r pon the call of thc roll 11he following members an-
swered to their names:
23s

354

,JOUR)lAL OF TilE SE~ATE.

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

Flynt, Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudsun, Kemp, l\:Iann, McFarland, Redwine, Sheffield,

Those absent were :Messrs.-

Brinson, Kilpatrick,

Walker of the 40th, Westmoreland,

Shropshire, Starr, Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Boren, Walker of the 18th, Wilcox, Witcher, Mr. President.
Wooten,

.J onrnal of ye::;terdny was rC'ad .an;l apJWO\'etl.

The following bill wa.s reconsidered, which was lost yt'>'- tCT!lay:

By :Jir. TurnerA bill to prohibit any pcr;;on or pel"80I1S from buy-ing an.l
;:elling the rigll't. to shoot or ::;hoot at any tmkey or chicken:-:, lr other dome:'tic fowls.

The following joint resolution \\'as reeon,;idered, which pas:>ed yesterday:

By :Jfr. FelderTendering tho Stat-e Capitol to tlw Cnited ( \mfed.erate
V C'terans' ..:\roociation for <.~ou \entioual purpose".

..:\lw, the following Senate bill was recon::;idered whith was lost on y&:>terda.y:

WEDNESDAY, DECE.MBER 1, 1897.

355

Hy :Jir. Stewart of 27th District-

A bill to amend an:cl alter the acts of 1889 (page 58), section 2, relatin~ to the trustees of the Lunatic Asylum.

The special m-de~ was taken up which is a bill

By :Jir. Hopkins-

To elect 'the judges and solicitors of tJ1is State by the people.

The bill being 1Jo amend the C'onstitnt~on the ayes and :1ay::, were called; the Yote: being as follows:

'Dhose YO'ting in the affirmative were Messrs.-

Allen,

Geiger,

Sheffielcl,

Atkinson,

Goidin,

Starr,

Blalock,

Golightly,

Stevens,

Brooke,

Gray,

Stewart of the Zith,

Carter,

Hopkins,

Stewart of the 34th,

Castleberry,

Hudson,

Strother,

Comas,

Kemp,

Turner,

Everett,

J\fann,

\V estmoreland,

Flewellen,

McFarland,

Wilcox,

Flynt,

Redwine,

Mr. President.

Those voting in the negative were :Messrs.-

Battle,

Ham,

Van Buren,

Brinson,

Kilpatrick,

Walker of the 18th,

Culver,

Shropshire.

walker of the -lOth.

Dunwody,

Thomson,

Witcher.

Those not voting were Messrs.-

Cook,

\\' ooten.

~\..yes 30. X ays 12.

The bill haYing receiYed the requisite constitutional majority was passed.

356

JoUH?\AI. OF TilE SEXATE.

The !ill is as follo>vs:

A bill to be entrit.Ied an Act to amend paragraphs 2 aml :3 of section 3 of article 6, and pamgraph 1 of section 11 of mticle 6 of the Oonstitution of this State, so as to provide for the election of judges of tJhe Superior comts and soliritors-general by the eledors of their respectiYe judirial rir cuits.

Section 1. Be it enacted by the General Assembly of the State of Gem'gia, and it is h0.rehy enaded b~' authority of rhe same, That paragraph 2 of section :~ of article 6 of thr Constitution of this Sta,te bP amended so that the sam<' shall reacl as follows, to wit: "The succc&-.ors to t.hc present an(l subsequent incumbe.nts shall be ele<:ted by tlw erectors entitled to '"ote for members of the General Assembly of thrir rei>pective judicial circuits at the general elertion held for suc;h members next pl'eceiCling t-he expiratio-n of their rrspcctin; terms."

Section 2. Be it furbher e11a:rted by the authority afo.rrsaid, That pamgTaph 3 of section 3 of article 6 of the< Constitnt.ion of this Sta1:e be anwnded so thrut said paragraph shall read as follows, to writ: "The terms of the judges to be clected under the Constitution (except to fill vacancie2) shall be.g'in on the first day of January after the.ir election. Every vacancy oecasiom>d by death, resignation or other causes shall be filled by appointment of the Gonrnor until thP first day of January after the general p.lection helll next a.fter the expiration of thirt-y days from the time such Yacancy occnrs, a.t whioh election a snecessor for the unexpired term shall be elected."

WEDNESDAY, DECEMBER 1, 1897.

357

Section 3. Be it further enacted by the authority aforesaid, That paragraph one of section eleven of article 6 of the Constitution of this State be amended so that the same shall read as follows, to wit: "There shall be a solicitorgeneral for each judicial circuit, wh>ose official term (except. to fill a vacancy) shall be four years. The successors of present and su bsequemt incumbents shall be eleCited by the
electors oo their respectiYe judicial circuits qualified t.o vote
for members otf the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vrucancy occasi'Oned by death, l'esignation or other cause shall be filled by apporintment of the Gorvemor until tthe first day of January after the general election, held next after the expiration od: thirty days from the time such va:cancy ocm1rs, at which el1Ction a successor for the unexpired term shall be elected.

Section 4. Be it furthed enacted by authority aforesaid. That when'eiYcr the above proposed amendments t.o the Constitution shaH be agreed to by two thirds of the members eleeiJed to each of the two houses of the General Assembly, the Governor shall, and he is hereby author ize(i and instructed to eause said amendment to be published in at least two newspapers in Mch congi'es&ional district in the State for the period of two months next preceding the time of holding the next genera.I election.

Set:tion 5. Be it further enacted by the authority aforesaid, that the abo1ve proposed amendment shall be submitted for ratification or rejection of the electors of this State, at the next general election to be held after publication as

J.58

.JounxAL oF THE SENATE.

proYided for in the fourth section of this act, in the sennd ctistricts of this State, at which <Cleetion cwer,Y person shall he qualified to Yote who is entitled t.o Yote for members of thr Gene~-al J\Jsse.mhly. All persons Yoting at said dection in fa,or of adopting the proposed amendment::;; or eithe1 of them to the Constitution of this State shall haw written o1 printed on t:heir ballots the words: "For ratification of the amendment of paragraph 2 of section 3, artielc G of the Constitutaon" (for election of judges of the Superior cour~ Ly the people); "For the ratification of amendme-nt of paragraph 3 of section 3 of article G of the Constitntion" (for clcction of the judge.s of the superior court by the people); "For ratification o[ amendment of paragraph 1 of section eleYen of article G of the Constitution" (for election of 3olicitors-general hy the people). And all persons opposed to the adoption of saacl amendments, or either o. them, s'ha II haYe written or printed on their ballots, the wonls: "Against the ratification o.f amendment of parag1-arih 2 of :::eetion 3 of article 6 of t.he Const.itution" (against th_e e-lection of judges of the superior comt by the people)~ "Against mt.ification of amendment of paragraph 3 of section 3 of article 6 of tlte Constitution" (against elecbion of judges of t'he superior court by the people); "Against ratification of amendmen!t orf paragTaph one of section elm"en of mtic.le 6 of the Constitution" (against the election of solicitors-general Ly the people).

S{'lction G. Be it furthoer ena.rtecl by the authority aforesaid, That the Go:vernor hE', and he is hereby aut.hmizcd and directed to provide for the snbmis.'lion of the forego~ng proposed amendment to the Cons'l:.itution of t.his State tJo a

WEDNF.SDAY, DECEMBER 1, 1897.

359

Yot.e of the people, a.;; required by the Constit,ntion o.f this Stn.te in parag-raph 1 of i'C'ction 1 of artiocle 13, and by tl1i:; ac.-t, and if either be ratified, tl1e GoYe-rrior shall, whe;u he a.seertains .-neh ratification from the Secretary of State, to whom the I'('tnrns shaH he referred in the same manner as in the case of election for me-mbers of the General Assembly, to count and as-certain the result, issue his proclamation for one inseition in one of tihe daily papers of this State, am~ouncing such res1.11t and declaring the amcndmem or amendments ratified.

Sec. 7. Be it' further C'nacted by the a.uthority aforesaid, That all laws anl parts of laws in conflict with this act be, and the same are, hereby repealed.

::\fr. Golightly, chairman of the Committ-ee on Corporations, submitted t1he folloi\Ying report:

Mr. Prcsi<h>nt:
The Committee on Corporations haxe had under con.sideration the followin:g Honse bill, which I am directed to rejwrt back with the r1commenda,tion that the same do not pass ,to wit:

Honse bill X o. 520, to repeal an act to create the office of Commissioner of Public 'Yorks for the city of Savannah, and for otllC'r purposes.

Respec.tfully submitted. .T. F. GOLIGHTLY, Chairman.

::\Ir. Starr, nhairman of the Committee on Education, submitted 1fue following report:

360

.JoUII~AL OF THE SENATE.

Jf1. Presiden-t: The Committee on Education ihave had 1mder considera-
tion the following House biB, which they i:riBtruct me to report back to the Senate with the roo'Ommendation that same do pass, to wit:

A bill to be entitled an act to promote the establishment and efficienc-y of libraries in this State.

Also, a bill to be entitled an act to estaJblish a system of public oohools in the town of Culloden, and for other pur poses.

The Committee on Edncati:on 11'ave also had nuder consideration the :foHo:wing Senate bill, which they instruct me to report back to the Senate with t-he recommendation that same do pass, to wit:

A bill to be entitled an act to amend an act providing that whenever there is in an.y portion of any c'Ount.y a loca1 school s:ystem irrdapende:n!t of the otheo.- portion, t.he county board of education of such county shall be' selected from snch portion of such county not in'clndecl in such portion whose school system1 is inde,pendent of the otheT.
Re.spectfully submitted. 0. X STA.RR, Ohairman.

:llfr. Battle, chairman of the General Judiciary Committee, su:bmitted the follo:wing report: M1. PrC8vdent:
The General Judiciru"Y Committee have had under consideration thre following Honse bil1, which I am instructed

WEDNEI:lDAY, DECEMBER 1, 1897.

361'

to report back to the Senate with the recommendation tihat the saane do pass, to wit:
A bill to amemd section 4685 of the Oode of 1895. 1'he committee have also lrad under consideration the following Senate bill, which they illlstruct me to report back with the recQmmen1dation that same do pass, as amended;.
A bi!ll to make all suits involving less than $100 in the eity court of Baxley the appearan'Ce term shall be the trial term.

The committoo have also had under consideration the following House bills, which they instruct me t.o report back to the Senate with the recQmmen'dation that the same do pass as amended:
~~ bill to make it unlawful for any pevson to :fire any pistol, gun or other firearms on any excmsion tra~n, picnic or other public gathering in this State.

Also, a bihl to authorize county authorities to condemn lands for macadamized road pmposes.

Also, a bill 1Jo provide for notice to garnishee m any of the couTts o this State wh:en his answer has been traYersed.

The cOimnittree have also had under consideration the following Senate bills, which they instruct me to report back to the Senate with the recommendation that the same do not pass:

A hill regulating 'the administration of equitable relief

362

JOURNAL OF THE SENATE.

in case;; wh'11 snch re:lief may be SO'ugi1t as against a corporation, and for other prurpo&es.

Also, a bill regula.ting the grant of extraordinary equitable relief in the courts of this State.

Th0 committee have also had uwler conS!ideration the following Honw bills, which they instruct me to rriJl'Ort hack to the Senate \Vitlh the recommendation that the &uue do not pass:

A bill to regulate the hnsine;;s of fraternal bencfieiary orders, and for other purposes.

Also, a bill to require all accusations in the county court;; t.o be signed by the count:' so1icitor or prosecutor, or the attorney appointed by said court as pro&e<mtor, and for other purposes.

Also, a bill to provi~e 'tlte manner of proving t'he fact of confine11nen't in the penitentiary and chain-gangs of t.hi:> State.
Respectfully submitted.

C. E. BATTLE, Chairman.

The following Senate bill was read first time, to wit:

By ~Ir. Comas-
A bill vo prohibit the working of misdemeanor convict;;
for prhate gain in the State.

Heferred. to Committee on Penitentiary.

'VEDXESDAY, DECE)IBER I, 1897.

36:3

Also, a bill to create a board of tax aSSC:'ssors for each and eve>ry county of the State, define tl1car duties, and for other purpo:>es.
Referred to C'onuuit.tee on Special J ncliciar~
By ~Ir. ~[cFarlandA hill to prohibit. the cutting or felling of trees in th~
\\atcrconrscs of this State, arrd for other purposes.
Hefc>rrcd to Committee on Sperial J uclic.iary.

B.' ~Ir. Starr-
A hill to define lmnlness and to prescribe a punishmem for violation o{ the same .

Refenwl to Committee on General Judiciary.

By ~[r. Stmvali (34th district)-
A bill t.o pl'Ovide for and requiring an analysis of every artide of food offered for sale for consmnption wit.hin thh State.

Referred' to Committee on }fanufactures.

By :1Ir. Berner-

A bill to pro'\idc for the examination of priTate banks by the bank examiner of this State.

Referred to Oinnnittee on Banks.

By unanimous consent, tlle fullowing joint resolution
was read and adopted as amended:

JouRYAL oF Till> SENATE.
By Mr. Felder-
A resolution invit.i'I1g the United Confederate Yeterans t(J use tJhe State e.apitol for conventional purposes.
The amendments were as follQI\vs:
Amend, first., by striking out the word "two" from the :;econd line of thh"Cl section, and inserting in lieu thereof lhe word "five"; also, strike the word "one" in same line a111d insert the word "three."
Comm.ittee on part of llhe Senate is )es.srs. Gray, Hopkins and :ftfann.
The fullo>~ving Hou.se bill which had adverse report from committee was read third time.
By ~fessrs. }feldrim, :McDonough and Duncan-
A bill to Clleate the office of Oonnnissioner of Pnblic \Yorks for the caty of Savannah.
Re,port of Committee was agreed to and bill was lost.
The follo~ving privilege resolution was read a11d adopted:
Resolved, that the privileges of the floor be extended to Hon. "\Y. L. Palmer during his stay in the city.
Upon motion of 1\fr. Kilpatric~, the following Senate bill was read third time to be put upon its passage:
By :Mr. Hudson, 13th District-
A bill to enla1ge the powers of the Railroad Conun.ission
@f Geo1'gia so as oo require railroads to re<!enve, receipt for
and deliver cars and freigh't, and to prevent discrimination.

WEDNESDAY, DECE~IBER 1, 1897.

365

Upon the passage of the bill Mr. Kilpatrick called for the ayes and nays, rwhich call was susbained and tJhe vote was as fo1lo~vs:

T'hoae V'Oting in the affirmative were :Messrs.-

Blalock, Brinson, Brooke, Carter, Castleberry,

Everett, Flyut, Golightly, Hudson, Kemp,

Kilp!ltrick, Starr, Stewart of the R4th, Strother, Turner.

Those voting in the negative were Messrs.-

Allen, Atkinson, Battle, Culver, Dunwody, Flewellen, Geiger, Goldin,

Gray, Ham, Hopkins, Mann, McFarland, Redwine, Sheffield, Shropshire,

Stevens, Stewart of the 27th, Thomson, Van Buren, Walker of the 18th, Walker of the 40tll Wilcox, Witcher.

Those n!ot voting were Messrs.-

Comas, Cook,

Westmoreland, 'Vooten,

Mr. President.

Ayes 16. X ay:; 24.

The bill not ha,ing reeived the requisite constitutional majority was lost.

The following message was reeeind from the Hon~e through )lr. Hardin, the Clerk thereof:

.11 r. Pr-csi.clent:

The House has passed, by the requisite constitutional m.Rjority the following b~lls, to wit:

366

JouRNAL oF THE SENATE.

A. bill to amend section 221 of the Code of Georgia, 1f\!!5, volume 3.

Also, a bill to 1egulate the defenses 'to action on poiiciea nf life insurance.

Al;,o, a resolution eonncning tho General A:;sembly in
joint session at 8 o'dack p. m., 'Yednesclay, December 1,
1HD7.

::\Ir. Stewart, Chairman of the joint eannuittee of thP ] Ion;,e and Se-nate to visit and inspect the State Lnuatie A:;ylnm, submitted the following report:

J/r. Prcsi.dent:

Th0 joint committee or the Senate and Honse of Repre:'A:'ntat.in>s, appointed to Yisit and inspect the State Lunatic ~\sylnm, near ::\Lilledge:..-ille, beg to submit t:hl" following rPport:

The circumstances under which the visit of the committ{'<'
took place were ealcularecl to oceasion gTeat anxiety as t> t.h<' po..'>t!ibility of the offi,c,ers in immediate eharge of the in-
,;titntion vo satisfa:c'torily cope with the sudden emergency
which had conft"'nted them in the destruction by fire of the lmil1ling for <'olored inmates, which had taken plaee only a few days pr<.wionsly. The c-ommittee found on arrixal that thP trw;;t.ern of the instit.ntion were preilent aml had giwn their aid aJHl !"Onnsel to Dr. Powell and his staff in provi!ling for t.hooe inmates \\1ho had been deprived of their domieil by reasc.n of the fire alln1led to. The committe:e is grat.ifie<l to report that while it ha.s necessitated some congestion

WEDNESDAY, DECE3fBER 1, 1897.

:367

of the inmateo; ancl ;:onw deprivation of their eomfmt., they are as well Jll"DYi<lPd for as th~ tirenmst.ances will pPrmit.

The committee made a careful inspection of the ground;; and bnihling,;, indnding sleeping apartments, kitchens, <lining J'Oou~s, ]ann<lry, "ater-elo.;;;ets, and not.cd m-ide1we on all flides of scrnpulons attention a11cl care in these seyeral tlepartnnents. The {'iOlnmi't.tee noted with especial faYor the infirmary, all the rooms in which ha'--e boon placed in an a:>cptic condition, and ;;o arranged as to secme the mo.;t favora hlc results in the treatment of the sick.

The app1oprintion by the GIQneral Assembly for the year 1S!J7 was $280,000. \Ye find tha't o.f this amount $222,:222.2- ha;; been expended for the ten months, leaYing :1
halan<'c now unexpemtled of $57, 777.76. The fire has
cau:;.ed a somowlwt greater cxpemlitnrc than ot.herwi;;c wonlcl haYe been 'Occasioned.

"Tc luwc checked the purchase and cash items smce July 1st. The Blalock InTestigating Committee made il thorongh inn~-'ltigatiion up 'to that time, and a member of that <ommittee being pl'C'sent and ha..-i.ng made the examination since .J nly 1st, it was ll'Ot. c-on.sidered nece<5:>al",Y to go oYer the work of t.hat c-ommittee. The couuni'ttee examined e\ery book and H'<"eonut. and fonntl each item properly
expended and Youclwrs for all eash paid out. The boob
are weJl kept, plain and simple, reflecting eredit. 11pon the Stemnd.

The eommittec <U'f' g'ratitied to repDrt that the trustees a-"Snre t.ha.t the insurance upon the building whi'Ch was de-

-~68

JouR!i!AL oF THE SENATE.

stroyed by fire and the amounts to be paid by the insurance companies will be sufficient to restore them without loss to the State.

In closing this brief report, it sh'Ould be a matter of sincere congratulation to every citizen of our State that thf :suuden and disastrous C'alamit.y which threatened so much was successuUy met by Dr. Powell and his staff wit.hont the 1085 of a single life.

Rl'spect.fnlly snbmit.t.Prl. J. A. STEWART, Chairman.

By unauimQius consent, the :Jiollowing joint resolution was read and adopted:
By ~Ir. Calvin-

A resolution c'OnYening the General Assembly iu joint session to hear the address o Hon. L. :F. Garrard.

By unanimous consent, the following Senat> bill wa.-. read third time to be pu:t upon its passage:

By :Jfr. Dunwody-
A hill to amend the charter of the city of Brnnswirk, and for other puxposes.

F pon the passage oof the bill the ayes were 27, nays 0.

The bill hav:ing received the requisite constitutional majority was passed.
}fr. }fc}~arland, Chairman of Committee on Public Roads, submitted the following report:

'VEDNESDAY, DECEMBER 1, 1897.

369

~h. President:

The Committee on PUJblic Roads harve had under consideration the following House bill which they instmct me i:o report hack to the Senate with the recommerudrution tJh.!B.'t .same do pass, to wit:

A bill to be entitled an a'Ct to provide for commutation tax in lieu of road work in Clayton oounty.

Respectfully subll11itt.ed.

McFARLAND, Chairman.

Mr. GoJ:i:ghtly, Chairman of the Committee on Corpo-rations, submi'tbed the following report:

_J-f1'. Prcsi.clcnt:
The Oommittoo on Corpora.lions h1lw had under consideration the following House bills which I am directed to report ba:ck with the recommendation t!hat the same be read the second time and referred back to the Committee .on Corporations, to wit:

House bill No. 651, To inoorpora:te the city of Toccoa.

House bill No. 708, To amend the charter ()of Gainesville.

House bill No. 729, To amend the charter of BJairsville.

House bill No. 714, To incorporate the .Carticay and Ellijay Telephone Company.

House hiH No. 711, To amend the charter of the city of Demorest.
24s

370

JOURNAL OF THE SENATE.

House bill No. 367, To amend the charter of \Vaycross.

House bill No. 536, To amend the charter of \Vhigman.

House bill No. 629, To incorporate the town of Donalsonrville.

House bill K"o. 609, To amend the charter of the town of Smyrna.

House bill No. 761, To amend the oharter of .}feigs.

House bill No. 620, To amend the charter of PowdelSprings.

Also, the following Senate .hill, which I am directed to. report back with the recommendation that the same be read. the second time and retferred back to the Committee on Corporations, to wit:

Senate bill No. 140, to establish a Baard of Commis-
oo sionens Roads and Revenues fm Ohattooga county.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

By unanimous consem.t, th foHmving House bills wereread second tim and recommitted to Committee on Corporations:

By :Mr. Mozley-

A bill to amend an act inoorporating the town of Powde~ Springs, in Cobb county.

WEDNESDAY, DECEMBER 1, 1897.

371

J3y ::M:r. Bowden-

A bill to incmporate the town o Toccoa, in Habersham oounty.

By Mr. Watkins-

A bill to incorporate the Carticay and Ellijay Telephone C(l)m.pany.

By Mr. Paulette-

A bill to amend the coharter of the town of Whigham, in the county of Decatur.

By :Mr. Mozley-

A bill to amend and supersede an aCJt incorporating the town of Smyrna, in bhe county of Cobb.

By :Mr. CookA bill to incorporate the town of Don~ldsonville, in the
county of Decatur.

By Mr. Copeland-
A bill to antJhorize the <"O'llnty authorities of this State to condemn lands for the purpose of macadamized roads.

By Mr. Wilkes-
A bill to an1end an act incorporating the town of Meigs, in Thomas county.

By ~Ir. Thomas of Ware-
A bill to amend section 20 of the eharter of the city of Waycross.

372

JOURNAL OF THE SENATE.

By :Mr. Lance--

A bill to amend the charter of the town o.f Blairsville, in Union county.

By Mr. Bowden-

A bill to amend the charter of the town of Demorest, in Habersham county.

By Mr. J ohnsoo-

.A bill to amend an act incorpomting the city of Gainesville.

By unanimous cons81Ilt, the following Senate bill was rea:d tJ-tird time to be put upon its passage:

By Jl.f.r. Gray-

A bill to increase the rank of the adjutant-general of this State..

Upon the passage o.f the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed, as am81Ilded.

The !8mendments wer-e as foHows:

Amend <eaption after the word "adjutant-general" by inserting the words "and assistant adjutant-general."

By unanimous consent, the following Senate bills werl.! read first time:

WEDNESDAY, DECEl\JBER 1, 1897.

373

By Mr. Culver-
A bill requiring the grand juries of this State to examine the tax returns at the fall session.
Referred to Committee 'On Special Judiciary.
By }fr. Carter-
A bill to amend section 341 of volume 3 o. the Code o. 1895.

RefeTrecl to Conl'mittee on General Judiciary.

By unanimous consent, the following Hous'C bill was read third time to be put upon its passag"C:

By }fr. Swift-

A bill to prohibit the manufacture of spirituous liquors in the county of Hart.

Upon the passage of the bill the ayes were 27, nays 0.

'Dh'C bill having received the requisite constitutional majority was passed.

By unanimous oonsent, the following resolution was read _and adopted:

By 1fr. Charters-
A resolution to pi'o;vide for a committee, to be appointed to visit the Northeastern railroad to inspect the same.

Committee on part of Senate is }fessrs. Flewellen, :Mc-
Farland and Carter.

374

JouRNAL oF THE SENATE.

By unanimous consent, the following Senate bill wa"> read first time:

By Mr. SteWiart 34th District-

A bill to fL" the penalty in cases of conviction of a female for a capital punishment.

Referred to Committee on General Judiciary.

Under regular order, the following Senate bills were re.arl second time:

By :Jfr. Shropshire--

A bill to create a Board of Commissioners (){ Roads and ReYenues for the coun:ty of Chattooga.

By :Mr. Battle-

A bill to amend section 1017 of the Oode of 1895.

By :Jfr. Comas-

A bill to make all suits inv;olving less than $100 in the cit:- court of Baxley, the appearance term shall be the trial term.

By :J[r. BlalockA bill to amend section 1354 of the Code of 1895.

By unanimous consent, the following Honse bills were
read t.hird time, oo be put up()n their passage:

By ~fr. SwiftA bill to empower the County Oommissioners of Roads
and Revenues o Elbel't county to borrow money.

"WEDNESDAY, DECE.liBER I, 1897.

375

Upon the passa-ge of Uhe bill the ayes were 23, nays 0.

The bill having received the requisite oonstitutional majority >vas p~d, as amended.

The amendments were as follows:

By inserting after the word "l'evenue" in the sixth line of -soot.i'on 1 the words "not to exceed one-fifth of one per centum of the assessed value of the taxabl-e property of said eounty."

By Mr. Redding-
.A. bm to authorize the payment of pe'll.sions to Oonfeder:alie soldiers and widows of Confederate soldiers when the same aore now residing :in this State.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed, as amended.

The amendments were as :follows:

Amend by adding the wrords ",or company" immediately .after the word Hregiment" whenever the last mentioned word oc-eurs in section one and in the caption of the bill.

Under regular order the following House bills were read second time, to wit:

By l\fr. }f-cLalrghlin-
A bill to make it unlawful for any person to fire pistol, gun or other firearms on excurs:i:on trains, and for other purposC5..

376

JouRNAL oF THE SENA'l'E.

By :Mr. RutherfordA bill to amend section 4685 of the Code of 1895.

By Mr. Rutherford-
A billllo establish a system of public sciliools in Cullodent Munroe county.
By 1Ir. NisbetA bill to prmride for a coonmutation tax in lieu of road
work in any of the militia districts of Clayton county.

By Mr. Knowles-
A bill to provide md promote the establishment and efficiency of Hbraries in the State of Georgia.

By unanimous consent, the following House bill was read llhiTd time, to be put upon its passage:

By lfr. Jordan ai Pulaski-
A bill to pravide for affiessors and receivers of ta." returns for the city of Hawkinsville.

Upon motioo of lfr. Thomson, the bill was laiclnpon the table.

By unanimous consent, the :following House hill;; were read first time:

By l.fr. Boyd-
A bill tJo amend section 221 of volume 3 of tlH' C'nflr nf 1895.

WED:NESDAY, DECEMBER 1, 1897.

377

Referred to Committee on General Judiciary.

By Mr. Dodson-

A bill to require the def-enses to action on policies of lifeinsurance.

Leave 'Of absence w.as granted Senators Van Buren, Brinson, "\Valker of 18th, ~fcFarland, Turner, Hopkins and Horn, to visi~ the Georgia Normal and Industrial College, at :Milledgeville, Thursday next, after adjournment.

Upon motion of Senatorr Battle the Senate adjourned until to-night at 7.45 o'clock.

Senate Chamber, Atlanta, Georgia, December 1, 7:45 O'clock P. 1L
The Senate met pursuant to adj.ommment, and was caned to order by the President.
Upon motion of :Mr. Gray, the roll-call was dispensed with.
At 8 o'dock the General Asse'Jrllbly went into joint se.::sion.
At 9.30 o'clock the Senate tcconvened and adjourned. until to-morrow at 10 o'clock.

J OURNAI, QF THE SI~NATE.

Senate Chamber, AitlamJIJa, Georgia, fDhursdtay, December 2'd, 10 O'clock A. M.

The Sen:a!te met pursUiant bo adj101IT'l11Illent, and was called to order iby the Presi:den't.

Prayer was offered iby the Cblaplruin.

Upon the call '0 tlhe roll tJhe followi11~g mem!bers an-

.swered ,fu !tlheir names:

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

Flynt, Geiger, GaiJin, Golightly, Gray, Ham, Hopkins, Hudson, l:fann, :\JcFarland, Redwine, Sheffield, Shropshire,

Starr, Stewart of the 27th, Strother, Thomson, Turner, Walker of the 18th, Walker of the 40th, Westmoreland, Wilcox, Witcher, WootE>n, Mr. President.

Those absent well'e l.fessrs.-

Cook,

Kilpatrick,

Kemp,

Stevens,

Stewart of the 34th, Van Buren.

The Journal of yesterday was read and approved.

The following oommun.rication was reoeivad :from his Excellency, the Govern{)li', 1lhrouglh Mr. warren, his Secl'eita:ry, to wit:

llfr. President:

I am directed by the Gove:vno!r to deliver to the SenaJte .a sealed comm1micaltion, to rwhic'h he respectfully invites

THURSDAY, DECE)JBER 2, 1897.

379

the CJOnstderat]on 'Of }"OUr ihono!laible ibody in executive sesSlOn.

The following message was received from the House through ::\h. Hardirn, the Clerk thereof:

The House has passed the :follow-ing House hills by the xequisite oonstriltution!a!l. majority:
A bill to pl'Ov-ide :flor examinaJ!Jion for admission to the bar.
Also, a bill to amend an aCJt to .amend section 1582 of v-olume 1 of 1he Code, wlhi~h prescribes the oompensation of oil inspe0t01<s.
The Honse 'l1as also adopted the following joint resolution, in -whiclh ehe COII'Cll'l'l'Cnce of the Sena'te is asked:
A resolution appoi,nting a speciral C()ll11'Illittee of si.'\: from the House anrd ',three 'from lthe Senate to inV'estigate rightt v Treasliler Ha.l'deman to cer'!Jain fees.
The commiWtce on the pia:Iit of 1Jhe House are j\,fessrs. V\Thipple of Dooly, :Chmters of Lnmpkin, Wig'ht of Doughoerty, Hitch of Brooks, Edwards of Haralson, Dickerson o {!linch.
'I'he House has also passed the following Senate bill by the rrequisite Conslt~'tu1bionlal majority, as amended:
_<\ biU to amend an act 'to provi:de for the revivor of corporations, appi'OYed November 12th, 188D.

380

JouHNAL oF TIIE SENATE.

Tlhe House has ooncurred in 1th>e Senate amendments to the fol1owing House hill:

A biU to prdh~bilt lthe manuilacturre of intoxicating liquors in H31rris CJOUII1'ty.

The House has also concurred in t!he Senalte amendments to the foHorwing joint rasolu1Jion:

A resolution tendering :the use of tihe Strute eapi'bol to the U nited Oontfederate Vetelians' Association for c-onventional purposes.

).fr. Goligh~ly, Ohai.rman of the Comm.l!ttee on OO!I'po~a tions, mlibm~tted the following rep<Yrt:

:th. Prcsuknt: Tlhe Com~ni'titee on Corpm<at:ioms l}mw had nmdelJ.' consid-
erabi:on 'tfue following Se'll'a!te bills, which I an1 dirreted \tO
report biruck W'i'th ithe recommendation thalt tJhe same do pass as amended, Jtlo wit:
Stmrute bill No. 123, tJo incorporate 1the ltown of Trion.

Senlate 1bill No. 122, to inaorpol'alte the town of SmnmmTille.
Also, the :fhHowing Senrute tbills, whiiC11 I am direcrtcd t~ report. ha:ck wi:th ltJhe l'ecommendation 'that the same do pass, to wit:

.Senlrute bm No. 124, :to rumenld an a,ct estJrublis!hing a free sehool s.Ystem in Ra,ccoon.

s~ma!te bill No. 125, to repeal tihe ochiarter of the town of Summerville.

THUl~SDAY, DECEl\fBER 2, 1897.

:381

Senate bill No. 126, to repeal the e>hoart.er of the town o.f
Trion.

Respectfully submiiited.
J. F. GOLIGHTLY, Oh'a.il"'D..an.

ltr. Goligh!tly, Ohairlll!an of t!he Oommittee on Corpnrations, su:bm.i!tted t:ihe :Eollow:ing l'C'pOrt:

llft. President:

The Oomnll.t:tee on Corporations lll'av.e h~d un~er con.e:id-
era.tion ltihe follorwing HO'ulSe lbills, which I am diTemed t.o repO'rt black witlh the recommen!daJtiiQn th!a't the same do
pass, to w~t:
House bill No. 711, w '3!Illend the char.ter of Demorest.
House hill No. 367, to ran1end tJhe cb:axter of WlaycroSE.
House hill N''(). 761, to '8.Jllend t:ihe chmter of 1fe.igs.
House bill No. 609, Ito arrnend the dlJ'al"ter of Smyrn,a.

House bill No. 620, to amood tthe chlaT.ter a :Powder Springs.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

)fr. \\rffitmore:J.ancl, Chairman of t'he Committee on Engrossing, swbm;i,uted the fol}lowing Teport:

Mr. Prc8ideM: The Oontmi'bt.ee on E~ bla-re exarrn=inecl and found

382

JOURNAL OF TilE ::;ENATE.

duly engrosstand ready to !be -trtamsmitted to the House,. the fol'lQiwing Senate bills, to wit:

A bill to the eJllti!tJ.ed an adt -to pl"'vide fur the reorgani2?a!ti~n of 11Jhe Boo.rd of Trusrees of 1ihe Univ;ersity of Georgia, and for 1fueir eletdtion fby the poople.

Also, a 1billi1Jo be enltiltled an a0t to ehia'llge the time of 'holding :M!OTJltJgometry Srruperior Cowt.

Also, ra bill to be 'e'llltitled an aJCt to incre'l!Se the rank ofad.j tlltJa.nt-general a.nrl assis!Jant adjutan1rgeneral in this Strute..

Also, a bill to be errtJ.itled am. oot to amenid secti'on 1030 <Y.f volume 3 of the Oode of 1895, Whic\h provides thalt. judges of !Superior OoUil;ts shall give wrrilbten e:ha.l'ges on request.

'Also, 1a bill llo he eDJWtled an o31Ct to establiSh a dispensaryfor Appling CO'Illll'ty, t8.Did for oltJher purposes.

G. F. WESTMORELAND, Chairman.

By unlaJii.mous consent, rth.e foll<>,wing Soooate bin was. read, to concur in House aanendmen.lt:

:By :Mr. TUTller-

A bill to amend an aCt :jjo provide for the revivor o()f corpoo-ations, and IoQil' dtb:er purposes.

House a.men:d.man't 'WiaS 1as foNOIWs:

Amend CJruption iby a:d:ding lfuereto the following words:

By striking from Slaid am amd sedtion the word "three" 1and inserting in lieu tfu.ereof 'lfue wo;rd "iten."

THURSDAY, DECEMBER, 2, 1897.

383.

By unan~mous consent, ;the following Senlalte bill was read. :first time:

By MT. Golightly-

A :bill 'to repeal an ruct Ito in~orpora'te the town of Fairiburn, and crea:te a new one :or said itown.

By unanimous coooentt, 'tib.e fuUo!W?IDg Sanate ibill wru~ re~a.d ilhi:rtd 'time to be put U!pon :i!ts passage :

By Mr. Bautle---

A bi<lllto tamend seldtion 1017 of volume 1 of the Code of" Gerorgia.

Upon tib.e passage of the bi1llthe ayes were 29, nays 0..

The bill, 'having received 'the requisite 'O'onSt~tUJ!Jiontal' majority, Wlas passed.

Thre 1bill was ordered tmnsm.iltJted tto the House imme-dia:tely.

At 10:30 o'rclock the Sen:rute went into exooutive sessfon.

Under regulrur order thi fullowiing House hills were 1-ead :firgt Jtime:

By Mr. Slalton-

A biH tJo provide f'o<r admission to the bar of this Stalte;. and for e1tfuer pniposes.

Refei'l"ed to Oommilttee 'On General Judi('iary.

JOURNAL OF THE SENATE.

By l\fr. Blalock-

A bill to amend secJtion 1582 of volume 1 of lt!he Ood'e .of Georgia.

ReferTed to Ool:n'mi'ttee on Agriculture.

The foHowing House resolut'i:on was read a!Il:d concurred 1'n:

By :Mr. Swi:J1t-

A resoluJtion arppointi'llg a cO'lllrruilbbee of si'{ from the House and th'l:ee f11om 1tlhe Senate to ~n;noobiga!te the righlt of the l1aite Ron. R. U. Hardemlan, Theasurer o Georgi'a, 'to certain fees.

Comm~titee on pa:rt of lffue 1Senla:te are Me'SSrs. Stevens, Dmy, rund Ha'ttle.

Under the regula:r order tlhe following Selllate bm, which \vas reconsid:ered, was read third tiline to he put upon i'ts passage:

By l\Ir. Turner-

A Ibm Ito prolhi'hitt tfue buying D'l' selling of the righ't to .shoolt a:t or shoot any turkey or ~hicken or other dbmestic fowls.

mll Upon t:he passilge or 'the

Mr. Gol~gh'tly oolled for

the ayes a.ll'd rrays, wfuJich carl wla's sus!Jained, and th'e volte

waR as follows:

THURSDAY, DECEh-IBER 2, 1897.

385

Those V'Oting in the affirma:tive were Messrs.-

Allen, Atkinson, Blalock, Carter, Castleberry, Comas, Culver,

Everett, Flynt, Geiger, Goldin, Golightly, McFarland, Redwine,

Starr, Stewart of the 27th, Stewart of the 34th, Turner, Walker of the 40th, Witcher, Wooten.

'DhosC' vuting in the negative were )lessrs.-

Battle, Blinson, Brooke, Dunwody, Ham,

Hopkins, Hudson, Mann, Sheffield, Shropshire,

Strother, Thomson, Walker of the 18th, Wilcox.

Those not voting were Messrs.-

Cook, Flewellt>n, Gray,

Kemp, Kilpatrick, Stevens,

Van Buren, 'Vestmoreland, Mr. President.

Aye,; 21. Nays 14.

The bill, not ha,,ing rc-cehecl t:he requisite consti'tutional majority, was lost.

By )fr. ShropshiTe--

A hiH to iniCorrporate ehe t0\\~11 of SmnUWI'\rille, and 00 ltefine i'ts limi'ts, and for otJher purposes.

epon lf:.he pasaage of ~he bill the ayetJ were 31, nays 0.

'Phe hill, }]laving- reooinm the reqniffitte constitutionlal majority, was 11a;;sed as amended.

The amrend1melllts "'ore as follows, by adding the foll()lwing sections:
25s

386

J OUltNAL OF TilE SENATE.

Section 10. Be_ lit fwllher enacled, Tlrat a f1'ee school for white clhildi"111, and a free school :fio.r colored children, shall be estaibliShed in saiK:l town of Summeo."\illc. The County Schodl Oomm:issroner of said oounrty shlall pay ovetr to th:e officer deSignJa!ted by the mayor and coum~il the gross pu'bli:c school fund to w~1ich said gcJhool is entitled, to be estrlll'8Jted by the school porpulatsion of sai<l town <lncl the SummeniUe school di~trict, '\vlhich school di~trict ,hall be fixed by the Board of Edumtion of said comYty, not less oth3lll t'he sClhool d~strr1Clt as eafima'ted by said board for the year 1896, ~and ''~hen so fixed, shall not be changed, and 't!he said board slhlahl not estlaJblish a free school witihiin two miles of the cou<Vt-bouse of said town.

Section 11. Be it fui"tJher enacbed, Th'3Jt the mayor and council of said VOWIJ.l shaJll wciJth~n ten days of the approval of rh~-s act call an election in said town, giving at least ten days' n'O~'ce thmcof in six conspi~uous ploaees in said 'town, to. ascertain llhe desire of tll1e qu1alified '"oters of :>a-id town wherho.r free scllwols under 'this ruct sha:ll he .esra:blisheid. All per.,oms. Yoting at said election shaH hav-e wrrbt.en or printe!d on tlwir balltots "For free schlools," or ':Ag'ainst free schools," antd if t'h'e qnes'tion shlallbe deci.lled affirmatiYely lby tihe m~ees..,;ary majority, ithe co.nncil s'hall so de<'l'are, and litl'l -the p1~ovisions 10f tl11is 'a\C't. rel~ting to free ~l'hools, commeneiug wi~h sC"etion 10, shaH hcl'O'lne operati\c, bnt s<hall JJ!dt 1he of fOIJ.ee if ~leie'larell ap;a~n~t frl'C :<elwols. If "for free schiooh;," ii:t shall 1be icl1e duty of dhc 11Vayor and connrcilto es'ruhlis'h free sclwols llflH1e'r the 'terms of 'this act. Should it appelar t'hlat rh'e Yotcs cast "foo fN'c :'t1hiodls" a1re less ~han a 'C"on~tit::nltion'al m'ajo~ity, ithen <'aeh

THURSDAY, DECEliiBER 2, 1897.

387

:;ncceeding year, commencing on the first :Monday in Decernber, 1898, 'an eJleJction shall b'e ordered 'U'ndoer the t.erm:'l of this 1act until !!he neces.sa1ry mlajorilty of HaUolts "fm free
to schools" shall'be east to eebtlblish the same. On failure
hold such el'eC-tion by oouer of mlaym .and oourroil, or 'O;flwrwise, the same may be held under lt'he terms of this act provided for uhe faihn~ to hlold amnrn'al elections.

Secti'On 12. Be it funther en:ac1ted, That the mayor and conn<"il of said town ~hall pro,ide 1by ordinance suoh rules 'imd regnlatiOins as Ito them mJay seoem pl'!opBT folf the electi'On hy ~hem of a Boa.rd of T1ustees ifJo go'"ern and oont.rO'l said ~thool.,;, define their du1t:ies, and do all other ads 'and thing-s 110e~a:ry for the purpose orf maintaining suc.h free schools
1.v raxa:t<ion, li'Ciense, tt~ilti'Oll fees and other meau1s "1hic'h
they m1ay 'adopt.

Seetion 1:3. Be it fm't'her enact(1, That imn1'edi~~Jtely after rhe establish:ing of free sc1r1oo}s, 1as in !:ihis act pr?""i'Clecl, an'(} before tlht? s("(.ond :\Iondlay in Jan<ulary, 1898, the m'ayo~ and C'ouncil ::;h!aH elet~t .a Boar<l of Trustees, composed <;f six eirizens of said town, w'hlo shaN htold thC!ir offi~e, two fm f,ne yC'ar, two for 11wo yeoaJI'S, 'an'Cl lm'o for three .)" ars, and aft('lr ltthe fil'st eh>!Cl~i'oln of IM.n;l~es, those ruf.ter\\~arrtls eleC!tecl ::;hlall hohl 1t'heir office for t'lu"eoe ye1ars, and until t:heir snri'('SS'ors are cl0c,tcd wnd qnalified.

Sectrion 14. Bc iot. ,fnrtrlwr eniacteKl, Tha!t the mayor anrl

('Ollneil sh:all fix ithe gal1wics of the varim1lS lbeachers all(l the

time and mann'er in \\'h~c'l1 the same ehlallbe paid. Conn-

ej] shall ~eqnirr 't'he 1treasnrc>r to l'eceiYe 1and }Jay ou1t aJol

~ehool fund;;. ThcY shall a:nnnallv at the l'eoullar ammal



0 ...

h

388

,JOURNAL OF TilE SENATE.

meeting a:f1ter elecnicm anid qn:alifieati1on fix a sum total which nliay 1be a>ppl>iecl 'to f1ee schools dm.j_ng lthc year, and no grE"ater sum shlall be rupplied dm~ng sa~d ye<N". Slaid :;nm sha11 lbe made up laB follows: A tn~tiion fee m'ay he fixC'cl for children residin~g w'ithin ~aiel corpOI'a1bion, and a larger fee fi.x:ed for childll'en li"ing wi't!hont said eorporat~on, bnlt in no cYen!t s~11all ~h'e same be more tha.n 50c. per monlth for children li,ring wi!~hi'n said 'Scihlool cliist:rict, "hieh fee may be required in acl"anrce. X'o child shall withlin ~aid :'lehool chiJrri:ct 'he cl'epri"e!cl 'Of 1~he lbenclfi:rs '()f ~~he p1~hlic sc'lwol
fund rto whieh it may be 0'Il't~tleJcl. One-1Jialf of all ~lw li.c,ensc fnnd shlall be estima:r<:Jd arnd se!t. apal't for t.he ednea!lionla1l {nncl, and in eaBe rtlwre is no license is:med f\}r the l"i,k of Yin'ons, m'ah, spirituous 'and in:toxicnting }iqnor~ in :''aid ltlown, or if e:onn'eil shml'l<l acljll'dge tha.t the :'K'.hool fmHl \\"onld not be snffieicm!r '\\"'i'l'h sa.id li1ee:nsc {nnd, together wit1I ovher funds for said sclwols, then the mla,\'or and conneil shall lE'''Y an a.d ralonm tax not t.o cxeeecl 50e. on the $100.00, to be collected as obher a.d ralorcm taxes may he collC'Ittecl nncler t~1~s aot, m1d wpph 1the ;;mne to the fund~ for public schools.

Seoction 15. He it fnrth~r enal,tCld, That. trn llays heforc the Piee'tion at> proYiclcd in th'is 'Hl4t "for f1ec :>elwoh," 't:hl' rPcm'<lel" of i:laid vown ,:j!JJall be h,v said l'Onn'e~l :fum~,-jhed a snih1hlr I'e.gistwt:bion book, \dl'il1h ,;hall be open ten day~ prC'icPclimg sail! e'lC'It1uion, 'al1ll be so kopt to withim two ll,ay~ c,f sa!id elecition alt some com'E'nicnit p:}a'ce in said t'own for the regiSrrartion of the q nalified YObers thereof. X o person
\d1to fails vo register shall Yote ~n said election. Stwicl re-
cordCtr shall allow no person to register who is not a qnali-
o

THURSDAY, DEOE:IIBER 2, 1897.

0R9

fied Yoil:er of said 1tiown nnd'l'!r 'this .act. If any pct"Son is (li,;qualified 100 aJCcomrt of the reJetortler refusing to allow any vot'e~ to qegislber, or 011 aeconn't. :oif his allowing an,Y '"niter to register who is not. enti~J.ed to ,ot.e, he may app<'l:ll to eouncil, and it &lmll he the dnty otf tlhe emmcil to pa,;s upon Mmc before the (hl't{' of oeleetion. It. shall he the duty of the reeorder to furni8h to the managers of tlhe eledi'On a li:;t otf the mgistere(l \"Oter,; he,for<' the openiug of the polls on the day o.f cledion.

Se-etiou 16. Be i-t further enade~1, That all laws and parts of law,; in confliet with thi,; aoe.t be, and the dame are, her0hy repealed.

A lhill to i!l'coqlO'lialte 't1he town of Trion, m the eonnty of Chattooga, and for other pu:l"'PO<'e8.

The ibm, hla,ing rreeiY11 the l'eqni:ioite consti'tnitional
nutjoqi:ry, was p<ilffiC'<.l as amended.
The amendmcnlts we1'C as follol\vs, h;v add[ng the followin.g srotiJoqjS:
Secbion 12. Be it. furt-her enade<l, That t.en da~-, hefore the ele'Ct~IL)ll as '}Proddeitl in '~his oot ":for free schools," tlw rccordeq of ~aid 'tOI\\-n sh!a:U be by sai{l council fmmis-hr'd a suiit.aihlc regiiJt.rwbion hO'Ok, wMch shall be open ten day;: preceding ~aid cle:c..tion, and be so kept to witl1in two day~ of S'alid c}e<;tion :at aome eonvenienlt place in said to-\nl 011 the regis'tr~1tion 'of the qualified vote1':S thereof. X o }Je1'

390

J OUm>IAL OF THE SENATE.

son who :Bru~ls to register shall vote im said deebion. Said ree<Yrder shaH allow nlo person lt'o register who is ndt a qualified ''oitm of said town unider 'tJhiis welL H any perwn i3 disqualified 011 3JC<;onrut of .the recorder rerfusing 'to aUow uny '"olter 'tJo ['egistea, or on a:cconnt of his allowing any person to reg'ist,e.r "'1ho is not entitled to VO'te, he may appeal to council, and :ilt shall be itfu.e dllity of council Ito pa._-t~ upon t11e same ibefhe the da'te of eleebion. It sh'alll be 1the d1~ty of Vhc recorder 'tlo furnish 'the nuanlagers of election a list of the regtistcll"etl vo~e.m 'befoi'e 1the opeming of lt11e polls IO'll >the day of elect1on.

Sect.ion 13. Be i't fm1ther ena0ted, That wlll:a\\"S and parts of laws in conflict with this ac't 'be, and the same are, here~\)' repealed.

By Mr. Slrropshire-

A hill :jjo mnend m1 aCJt eilbalblishiing a system of public ::.ch1ools in 1the 'town of Raccoon.

L"pon the pasilage of tJhe bill.fhe 1ayes were 26, 'll'ays 0.

The 1biH, hlavimg ll"ec:eiwd the requisite com:Jti't1~bional majority, "1as passed.

By ).f,r. Shropshire-
A bill 1to repeal m1 aCit incorpm;ruting :the ltown of Summerville, in the counlty of Ohattoog'a.

upon tfue pas9age of lthe bill the rayes were 25, nay.:; 0.

THURSDAY, DECE)IBER 2, 1897.

391

The hill, !haYing I'aceli.,ed lthe requisite oonstrntutiona1 majority, was ptessed.

A bill t!Jo repeal an ~aCt. in~orpol"a'ting the tJown oif Trion, an:1l for oi~lwr JHlll'lpases.
C p()]l the pa.s.;lag'C' of :the bil1l the ayes were 27, nays 0. The rbiH, h'aviing Telceived tthe requis~te colllSiti:tu'tiional major~ty, was passcid.
By ::\k malock-
A hill fu amenld SP'0't1ion 1354 of 11he Oode of 1895.
rpon ehe pas.-1agc of ;the bi1ltthe ayes were 27, nJays 0.
'I'he hill, lmdng l'1Ceivecl ~he requis~te coll'Sitrtu'dional majorilty, was pas.;:,ecl.
B.' unan:i.mo11S consent, 't!he :f.oUowing House resolut.ion wns re~1d 'thircl'tiinrc 'to be pn't upon i'ts p~e:

A j-ornlt rei:>'OlultliJon to suJbs'CJribe for am.'<l pu!l"C'hlase copies of a book of Goorg'i1a Forms and P.rfaotice.
l~pon agreeing to the repor>t of tilie committee~ whicih was favOl'a'ble ilo 'the :pas.-:la'ge of :Ghe 'hill, Mr. AtkiilSOill oallled for the ayes anld n!ay.s, wh1ch caN was snsbained. Th'e vot.e Wa3 as foUows:

392

JouRNAL oF 'fHE SENATE.

Those voting in the affirmative were Yessrs.-

Allen,

Golightly,

Stewart of the 34th,

Atkinson,

Hopkins,

Strother,

Battle,

Hudson,

Thomson,"

Brinson,

Mann,

Turner,

Cook,

McFarland,

Walker of the 18th

Culver,

Redwine,

Walker of the 40th,

Dunwody,

Sheffield,

'Vestmoreland,

Everett,

Shropshire,

Wilcox,

Flewellen,

Starr,

Witcher,

Flynt,

Stewart of the 27th, Wooten.

Goldin,

Those voting in the negative were 1\fessrs.-

.Blalock,

Carter,

Geiger.

Brooke,

Castleberry,

Those not voting were Messrs.-

Comas, Gray, Ham,

Kemp, Kilpatrick, Stevens,

Van Buren, Mr. President.

Ayes 31. Nlays 5.

The report lraV'ing l"C'C'i,ed the requisite constitutional n12.joi,iity, was lat:,o-reed itlo.

Upon .'tfue praSS~a~ge df itJhc r'e$ol<u'tion, i't hcing un ~:~.~ppro priaJti'O'll, l~he tayes antd ntays were called, 'and lthe Y-cl'te '\Vias as foHows:

T'hose dting J.n the affi1mative were 1Iessrs.-

Allen, Atkinson, Battle, Brinson, Cook, Culver, Dunwody, Everett, Flewellen, Flynt, Goldin,

Golightly, Hopkins, Hudson, 1.\-Iann, McFarland, Redwine, Sheffield, Shropshire, Starr, Stewart of the 27th,

Stewart of the 34th, Strother, Thomson, Turner, Walker of the 18th, Walker of the 40th, 'Vestmoreland, Wilcox. Witcher, Wooten,

THURSDAY, DEcEMBER 2, 1897.

~93

Those voting in the negative were Messrs.-

Blalock,

Carter,

Geiger,

Brooke,

Castleberry,

Those not voting were Messrs.-

Comas, Gray, Ham,
Aye-;; 31.

Kemp, Kilpatrick, Stevens,
Nays 5.

Van Buren. Mr. President.

The resolnt~bH, 1hmilllg receO.vetl the requit>i!:'e const.i,tntional nmjo~":iity, wa.;; passed.

)fr. At.kinsou, Ch'airmlan orf 'the Committ.ee on Temperance, -;;nbmiltJted 'rhe :fdllorwing repoll"t:

Mr. President:

The C001mi:tltee on Temperan~e hiave tha.tl under consideration t11e follicm~ing H1onse biH1 wb'i(:h '!:!hey inst.r'J.wt me 'to report black to d1e Sena!te \\"'i1th the recoounen'daltion that same do pass, t.o wit:

.A hill,~o be en:t.iltl<'cl an 'act ;to amenld crupmon o~ a'Cit aplH"',~ed Set}~temlbew 5t!h, 1879, by adding 'fu the C~aption of
n.c't.
The Conimi'~tee on Thmperance have also 'hlad under contiidC'I"'a:tlion l:ihe f'oll<Ywing Honse rhill, whirch tJhey instrnHot me to repoo~t ba1ck Ito tlhe Sen'ate '\dth t11 r~ommemlcl'altion that
8ame he recommit tell to Special J ncliciarry C'()lmmittee:

A hill to arrnend the e'hoarter orf 1the ot:own of S~ateshoro so as to ellnpo,wer 'tl.he ma_yrO'l and eoun!cil of said town 1t:lo fix lieense for saJ.e of ~iqnors in smid 'town, a,nd f'or other pnrpOS!5.

He.spectfnlly submitted.

.A.TKINSO~, Ohainnan.

394

JOURNAL OF THE SENATE.

}lr. Goligllltly, Ch!ahmian of 'the Ooonmi'ttee on Oorpoation.s, su!l:Ymirtiteld 'ehe following repo'l't:

111r. Prcsident:
The CO'lllm1~t:lbee on Oo;rpm'a1ti:ools h1aNe ih1ad undei' consid-e~~alti1on the folllofl'.'ling Hm1se ibill, w'hieh I am ins:trncterl to report back w1tih tthe reeonnnen(lation t!hait the smne <J,~ pasB, to wit:

Hm1se bill N10. 629, rto im::.orporatc ~he town of Donal(l-som"ille.

Respectfnlly suhnitted.

J. F. GOLIGHTLY, Chairman.

}lr. \Yesbmlore!lia.n~, ObJairmJa.n of Commi'ttee on Engrossing, subm~fted the fhUorwing rep'OO-tt:
ilh. President:

The Commi!etee {)(D. Engrossing hlaiV'e examined m1'Cl found .:}nly engrossed and roody iflo fbe m:ansmi!tbed ~o the Honse the foHowing S81lllarte ibill, Ito wit:

A bill to amenld 1bhe ohlrurt.eu of Brull.Slwick.

Also, .a bill ito tarrnenld the c'h:aQ't.er of the 'town of ThomasYrille, 1antd :foo eiliher purposes.

Respectfully sUJbmitted.
G. F. WEST::\fORELA.l~, Chaimmn. 1::\lr. Slhropifuire, Chlairman of ltlhe Speci<al J udi<,var.Y Com-
n1it.tee, submi~ted 1the tfollowing repor't:

THTJRSDAY, DECE:IIBER 2, 1897.

395

Mr. President:

Tho Spe~c.i<al Juc!ilc:ilwry Committee h1ave blad under consicll'aJtaon ltihe fdllio\wing House !hills, whrch they instruct me to report :bla!ck 'bo :the .Sena'te w'ilt'h the recommend'a'tion 'tha'r. the .'lame do pass, 't1o wilt:

A lYill to au'~hO'l:ize the mayor .antcl counci1 of the to'lvn of COTnelia to i!s&ue bon'cls.
~\.l&o, a bill 1to amenld Jan aot 'to 'orea:te :a Bonrd of Comlll~:S5'ioners of Roads anid ReYenues for ltfhe county of Floyd.

Also, a hill to prlovide the compensat-ion of ordinary of Bulloch county.

The eommittee also l'E'commen!ds lt111ait t'he following Senale bill do pass 1as a:mended:

A biH to prewnt the fellin'g or eu:tlbing orf 'tree.:; in streams or \\"a'l:.el'Courses of this Sbat.e.

The comm~~tee :also recolm.n:m1'ds ttJhat lthe foUowing .Sena'te hill do not pass:

A. 'bill :to limit :t11e :amounlt of cdmpen&~:tiion to be paid the oC>'l.dinary and o'ther .coun'ty officers in oounlties bla\"ing a city o.f sixty thousand i11hab~tan1ts, etc.

rfthe commit:bee I"eJCOn1111iEmcls itlh:wt the foUowi!ng SenaJte bills be rea:d second ltime m1'd recommitted ito GeneJ-'al Judiciary Committee:

A bill ito ma:ke it t1he duty of gmnd juries 'to examine the tax 1elturns of their respective counties at their fall sessrons.

396

JOURNAL OF THE SENATE.

ArJso, a bill :to create a Boa:1'd of Assessors for eaeh and f'\ery connity ~n thi.s St'.a1te.

Tthe. commaftee alo;o reronnnends thalt the following H on:se hills pass as amendeu, to 'Wi1t:

A 1biil to aJJnend 'the eha11~ter of rt.he 1:mvn o.f X ewt.on, m Baker eo1mt.y, and far dtlwr pmpo.ses.

T'he <'O'lnniitltee al~o re("()nl'!ne.nl(ls 'th1a:t 11hc follow'ing
Honse hilllm re:ad se'.con'<.l time anrd be TOOomm~ttetl, to wi;t:

A bill 't.o a1bolish t.he eit,y eom~t of ~Ionroe connty, and for other purposes.

Respcc'tfully submrdte'd.

\YESLEY SHROPSHIRE, Chai'l'lna:n.

Also, a biU to repeal an ae1t ineo11)orat.ing the town of ClarkesYiille, in Hwbe~hlam county, 'and to incoq)()rate tlH.' ei'ty of C1arkewille.
Also, 1a lbill to prolt'eet IMcyele .,,'lays m the connty of Wilkes.
~\.lso, a lbill to grant and eede to the United States the right and aut:hori>t.y 'to consta.uCJt and maintain a pnb1ic h:ighway in Owtoosa ~oull'ty.
Also, a bill to amenld 11Jhc chiar1:etr 0' t1le town of RO<kmart, in P.olk connit.y.
13y unanimot1s consent, tihe follo"ving Bc-nate hill was read second time and rec.oonmi!tted 'to Committee on Bank--'s.

THURSDAY, DECEJIIBER 2, 1897.

397

By ~Ir. Berner-

A bill to proYi~l-c for eX'aanination of priva:te :balllks by the Stoa<te bank examiner, and far o!!her pnrpoaos.

By nHanrimon,; con'aen't, !the following Senate resolntion
was read fir;;t time, oo wit:

By ~[r. B!lt:tle-

A resolution anthm,izing 'the Alt.J.alnlba, KnoxYille and X mt'he>rrn Rlaih,a~ C.ampany to aocqnire -certain righ'ts in and t.o n,:;e of .the \\. & A. Raiih'OOd in and near the cr~t.y of )rari('(t.ta.

l:ly ~It. Ihftle-
A hill requiring p;nat"<mt.e>e> compauic;:., surety companies, -and fid('li-ty eompaniP;:. rto ::;ign tbml'<l~ of seem-it,Y to mak(' ecoPtain tleposits \\"~t.lt 'rhe St:iaite Tr('\ltsnrer.
Heferred to Cmnmittee oat GenCil~al .Tudieiary. By ~fr. \\'alker of lt'hc 1Rth d'i~triet-
A bill to amend mt aet:. allowing 'aritd making women e].j,gible to \lhe ofiiec of Ommty &1wol C1ommissione'l:, and fm
m her pnrpo~e::>.
Referre1.l to Committee on Geno1'al .fndiciary.
)fr. Ilmhmu, Oh1aitm!an of Comm~~tee on AgTicnlturP, .submi'tted t:h<' foUowiug 1'e<p01't:
Mr. Ptcsident:
The C'ommittcc on Agri"Cu~1h1n ha,c h:ad nnd~r eon;;;id-

398

JOURNAL OF THE SENATE.

e-ration fhe following House bills, which they instruct me to repm't biruek 1to '~he Seniacte witfu the recommerrdlaition that
same do not pas:;, Do wit:

Honse bill X o. 138, by ::\fr. Brown of Pul1aski.

House bill ~o. 340, by Mr. ::\IcGelhee of Harr~is.

1'he C_lommi1tt.ee have a[so brad unldm considemmion House bill No. 450, by ::\Ir. Bel'l'Y of \V1lit:field, wh:ich they in&truct me 1tO 'lep@t ;ba.c:k '\\'1ilth 11Jlre reeonuuendation tlmt same do pass as amer11dcd.

Respeobfnlly su:bmi11Jted.

HGDSO~, Chairrnan.

By unaillimo'llS consent, the follmv<ing House bill was read th'ill"d 'U~me to rbe put urpon its passage:

By ?.Ir. Freeman-

A rbill 't'o repeal lthe present c'hacrter mrd create oa new one for <tJhe town of Gmn1tville, in Coweta cmm1y.

L"pon the pfr8Sage of the i]yill the ayes were 27, nays 0.

The hill, haYrng recein'd the ~eqnis.ite corBtitntional majority, was passed.

By 1Ir. Oa11Yin of Ric:hmond-

A hill rt.o raUow women ph,Y8ic1ians to stm1d a compe.t.itiYe eX(amirmirion to be admitted to 1the Stalte Lunatic .Asylum.

'Lpon tthe passage of itlw bill the ayes WC'l'C 00, nays 0.

Tm;RSDAY, DECEMBER 2, 1897.

399

The bill, ihaving received the requisite constitutional majmilty, was passed.

By ~h. Johnso'll-

A 'bill to au'ehm,ize cm'pom.tions or indiv~du1als a~tively e'llgag-e'Cl in ccmsbrucltion or O\\"ning or ape1'ating or preparing to consbrnC>t any pla1llt OIJ: \V'Orks fur genel'ating elechic.ity in this 8~a:te ccrtain pri,,ileges.

Lpou the pa55age of the bill dw 1ayes were 31, 11ays 0.

T'he 'hill, ha,~ing received ithe requisite const1tutioual majority, pm:sed by substitute.

The bill \Vas Ol>tlc>rcld :immedia~tely bmnsmi<tted to t:he House.

By unanimous consent, the :following House resolution was rcad first time, to wit:

Ry ~Ir. :JI>ans-eld-

_-\_ rcsoln-tion for lthe relief of Nick King.

RdC'nc<l 'to Committec on Blind Asylum.

~,Y unanimous consen:t, the following SeJ11ate bill was read lt1hir<l time, '"'hich had 'acln,rse report. from committee:

ct hill to mnrml i'E'ction 8G3 of 1rhe Code of 18fl5.

Lpou motion of :Jir. Shropshire, the bill was laid upon the ta1hh.

400

JOUltNAL OF TllE SENAT.I>.

By un'arumons 'COnsent, the following Senate bill wa;; read third ltime to be put upon its p.as;mge:

By ~Ir. Comlas-

A billto make all -suits imoh"ing !E>ilil than $100.00 in thr cilt.y C'Ourt of Baxley, tlhe appearance t.e.rm shall he the tri~al term.

l~pon 'the passage o: the 'bill the a.n:s were 20, nays 0.

'I'he lbill, havrng received rhe> 1'r<p~il'1i1 tr ron?titnt.ional maj"Ority, w.as passed las am<'n'<led.

The a'Il1etn'dmenlts '\\~ as follmn:;:

By prefixing 'the foll'()lwing C'a!pt.icm: A hi-11 to bP en'titled 1an aet to regnla1t:e :the }WaC'bice in tlhe dty rourt of Baxley, so as to make the .wppMranee term the t.rial t{'rm of suits in ,,hlich t:he amou'nJt inYoln>~d does not. e~"C'eed one> lnmdrrd dolliaTS.

Also, amend by adding the word "t'1rm" ~af.t.er t1te ,,ort1
"a;ppeiaranee" an1d before the wmxl "slmll," in t'he sewnth Ene o: fiNt secltion.
The :following SenaJte bill was rood the> first. time:

By 1Ir. Hopki'llS-

..:\._ hrll -to create a fJ3.oattl of IOommlissioners of Road;; 1tllll ReYenuet> for 'the co'llllty of Thomas.

RE>feJ"l'Bd lto Comm~tltee on Corpotrutiioll's.

TJpon mdtion of )fr. Brooke, 't'he session \\"as eXltended un-til 1 :30 "O'olock.

THURSDAY, DECEMBER 2, 1897.

401

By }fr. Herner-

A bill t.o authorize an:y Sbatte ibanik: n'Oow exli:sting under the la"\\o"S of this S'bate to nmke, sell aiild deliver '()lbllitgrutions of said b'aink, payable in merohtandtise or silver bullion rut retail, auld for otlher purposes.

Refen''d t10 Oommittee Q1Il Genertal Judiciary.

By tmaninrous consent, the following Honse bill was rea;d third tame Ito he put Uip0'1l its passage:

By :Mr. Nisbet-

A lbiH to proVIide for eommutaJ6ion lJax in lieu or road work i11 r.he m~li1t.i1a distritdts of Cl~yton C'O'lllllty.

Upon tJhe passage or 'tlhe bill ;the ayes were 24, ooys 0.

The bill, l11laYing reooi.'Ved the requisite 'COnstitutional ma:jority, wa..;; passed.

By :Mr. Copeland-

A bill to at~tJhorize the ooU!lllty au!Vhori1ties o this Sta't.e in all oases when 'it shlall beeome necessary to condemn Ia:ncl for road pni'poSes.

rpon the pa"-.'lage o bhe bill the ayes were 2!), nays 0.

The 'biH, 'ha,in~g recmved the reqnisite eonst.~tutional
majo11~ty, \\liaS )laSlled.

11he amendmentts were a3 follows:

B,,. >!tt,iking t!lwl'efrom ft.he wthoie o seetion 3, rund changing the nmn!ber of last seCibion from 4 to 3.
26s

402

JuutXAL OF TilE SEXATE.

By Mr. Webb-
A 1bill to incorporate the town of \Vood&ock, m the emmty of Oh61rokee.

Upon tihe passage of the hill the ayes were 26, ntays 0.

'Dhe bill, having received the :requisite constitutional maj'ol.'ity, was passed.

By unanimous consent, rt:he following Senate bill wa;; read first bime:

By }fr. S'tarr-

A lbill'to authorize county, cirty, and town Boards of EdneaJtiioon of tili.is .Sitate .to po.mride books for the use of same, and for ot:Jhe'l' purpo:>es.

H.eiferr&d i'o Commititee on }Jdncation.

By unanimoua consent, the foHowing Sen'ate bi!Jls were read second lbime, ;to wit:

By }fr. Culver-

.\ hill requiriong t'he gtroan'<l j-uries of thlis State to examine t.he 11ax fl'eitrnrns of their county.

By ~Ir. Comas-

A 1bill to creabe 'a board of bax asacssors fo'l: Ciach county in t'hiis Slta!te, and for other puT!poses.

By unaJlii1nons {~om~en t, the foUmving House bill was t<lken from the 'f:Ja!ble toQ 1be pUit upon its passage:

THURSDAY, DECE!IfBER 2, 1897.

403

By l\Ir. Boynton of Calhoun-

A bill to eat.wblis11 1a dispensary m )forgan, Calhoun C'OUnty.

T;pon the pas...,;ag'e of nhe lbill tJhe 'ayes were 24, nays 0.

The 'bill, having Ieceive'd the requisite <!onstriltutimml majority, was pru;seil.
The foHowing proivilege rSolwt.ion was !" ad 'S.ntd nldopted:

Invi~img 'the Hon. ,V. E. lfoann of Oa:toosa -county to a seat on the fl.oor of 1the 'Sena:te during 'his stay in the city.

By _jfr. J O'T'dnn-

A bill to provide fo:r '3. hoard of ass$0rs and I'eceiv61"5 o.f tax returnlil for the c>ity of Haiwkinsv.ille.

On ~he p'<l~ge of t1he blill 1the 'ayes were 26, nays 0..

'Jlhe bill, haYing I'ecelived the requisi'tc conet:itJUtlion'al wajority, wlas passcld.

Leave of aho:...,c.ncc ,,~as grunted Sen:altors Van Buren and Kilpa"t>l'iek on aC'count o[ sickness.

'l~he hour of alcljomnl!nenlt h1avi~ aor~.ived, the Sen'a'te stood adjourned uii'til to-morrow at 10 o'clock.

404

JOURNAL OF THE SENATE.

Senate Oh:amber, A_rt}lanba, Georgia, Fri~d!ay, Dooember 3d, 10 O'clock A. }f.

Th~ 8enrube mett puTSwant to adjourrument, and ~V'as 0alled to orider by ltlle President.

P:rayer was offe1'1d by the Oha.plmn.

Upon motron of 1Ir. Battle, the roll-0all \\1as dispensed with.

The Journal of yesterday 1\V'BS ll"etad and approved.

'Dhe following me:5Sage was 'l'eceived from 'tJhe Honse through Mr. Hardin, tthe Clerk !thereof:

jJJ1. Pres-ident:
The House h'aa passed by .rhe requis~tse oon9titntiona1 majority l!he following bi:lls:

A ioi!ll requliring 'filie Boord 10f Oommissione'l'S of Roads and Revenues of Hancock county 1to pay <e'l'tlain insolvent Criminial COSts.

Also, !a hill 'to amend seetion 2191 of t1he Code a1895, relating to t!he pnblrC'a1tion of railro'a:d schedules of m'tes .b,v Railroad Commissioners.

Also, a 11Jil,l to am:end se<.~tion 1912 of volume 2 of the Code of 1895, rel'a!tiirrg bo banks.

Also, a :bin to crea:te a Boa1d of Commi:>sioners of Roads and Revenues of \\~shilligton county.

Aho, a !bill 1t.o amenld an 1a:ct Cl'C'a:ting a B01ard of Commissioners '0' Roads, Pu!blic Property, and Fintan<'c for :Monroe county.

FRIDAY, DECE:MBER 3, 1897.

40.)

'Dhe Honse has .ab;o a1dop;ted the follow;il]}g resolution, in w'hich the conlcuD"''e'll~e of t'he Sena'te lis as1.."'8d:

A .resolutiion providing for the furnishing by the State JJibrarian of cert:alin hoo1.."'S f.or ~fcln'tosh county.

The Honse lh1as also ronelll'l'{'d in the Senate amendments t10 'the followin{!: Honse hills:

A bill t'O authorize t.he payment o,f pensiom;; to Confederate solodiers and widow,; 'Of Oo:nlfede!l"ate soldiers.

Also, a bill to authorize and empower 'llhe. C()lrnmissioners of Roods and Revenues of E~bert -county to bo-l"l'OIW money.

:Mr. Battle, ('!~airman of t'he General .J ndiriary Commillt.ee, stl'bmil:!ted the .foHowing re-port:

Mr. President:
~he General Jndicia~.v CommiHee 1have had under considera:tion the follo\\4ing S6'11a:pe lhiHs, whiieh 'they instruct me 'to repoa.t black t.o tihe Seam're wrt.h the recommenlda:t.ion tha't same do pas..:;, to woit:

A bill to require tall ind-emnity anlcl surety companies to depos~t with tlhe Secr6'1:1ary of Stat.e cm;tain bonds.

Also, a ibiill 'to authorize .Sta're 'banks to i.;'>_.:;ue obligat.ions payable in meNhandise or silver hullion.

'l'he commi,tr<'P h'aYP. also ha1d under considerntion the follOIWing Honse biH, which 'they instruc-t me :to report. back to the SeJloate with the rOOO'I11llle'1lO'at.ion tlm t same be read second ltli<me anld rooo'mmitted:

406

JOURNAL OF Tll., ::;EXATE.

A bill to reg11la-t.e defenses of actions on policies of life insurance.

'l'he conun'itree also instruct me to report back to the Senate tlhe following Sena;te bills, w~th ehe rerommendation t'lmt sam'e do ndt pass, to wit:

A hill to permit arresting officers to carry concealed wea1pons.

Also, .a Mll to :fix t.he penalty in oases of conviction of a
female for a cap:i!tal offense.

Also, ~a ;!)ill 'to malre women eligiJble tO ollhe offires of Oo'l.lnty .School Commissioner and Clerk of Oommissioners of Roads and Revenues.

Also, a ibill to pl'lmr.ide fm tJriwl of cniminal cases in conn'ty oouJ.il1s, oan'd 1tll'e bmnsfer o'f cases from Snpevior Oonrts to oonnty cowt.s.

The -committee also instruct me to report back to 'lili.e Sen'a:te I!Jhe follmving House 'b'ill, W!i'th the recommendation 'that same do not pass, to wit:
A. bill to 1amend sec1tion 221 otf 1fue 1t!hird volume of Code of 1895.
RespeotJfnlly submibted.
C. E. BATTLE, C"haiiiTilan.

::\fr. Flewellen, Oh!airman of uhe CommitJtee on Pensions, submitted the following repott:

FRIDAY, DECE:\IBER 3, 1897.

407

JJ r. President:
The Commiitlte:e on Pensions ihave :h~;cl und11' oonsidero.tion Honse hiH No. 644, which provides for amending section 164-2 of the Code '{){ 1895, and I am direGte<l to repoi"t back the same wilth 'the orecommendration -that it do pass.

FI.EWELLE:N", Ohai1ma.1L
~fr. St'a..rr, Ohainnan pro tem. of Oommit1tee on Engross: ing, snhmift<>d t'hP foUowing report:

llh. President:

'Phe Commi1tt<.>e on Engrossing 'have ex<aminecl and fmmcl dul;r engrossed and l'~dy 'to be bransmittad to the Honse vhe follo''~i'l1~,' Sen'ate ibiB, 'to wit:

A hill to amend f!PI('ti<Yry 1017 of '"ohtme 1 of Code of 18!"1;),

Also, a hill 't.o ilmrncl the consti1turtion of rthe State so as Ito prm.,ide for Plc>ctioo of judges and solioit:ors by the people.

Also, a hill to repeol the ehia.m>er of the town of Snmmenille.
Also, !3. 1bill .t.o repeal :the eharter of the town of Trion, i11 Ohia'ttooga county.
Also, .a rhill 'to amend seotion 2805 of volume 1 of the Oode ,of 1895.

Also, a 1bill t.o make the appearance term the trial term

408

JOURXAL .OF THE SE~ATK.

in all cases involving less than $100.00 in city court of Baxley.

Also, a bill 'to a:mend section 1354 o.f volume 1 of the CO'de of 1895.

Also, 'a bill to amend the pubHc sc1wol system orf the town of Racooon, in Cha!ttooga oounity.

Also, a lbiH 'to am'enrl parogtlLph 2 of s6'Cif:ion 2804: of the Cod:e of 1895.

Respectfully submilflted.

0. N. STARR, Ohairm.an pro 'tem.

By un'animoUB consent, the fulloWJinJg House bill was read third time to be put upon its passage :

By :i\Ir. Fetl~lel'-

1Jpon 'tlhe pa:sSaJge of "the ibill itlhe ayes were 26, 'Illays 0.
The biH, hiaving l'ecJeived the requisite const~hl'hional majority, '~ passed as amen!d:eid.
The amendments were as :tiollO'ws:
By adding therelto ta section to be known as se~tion 14.
Seation 14. Be ;jit fU!l"bher en,a'dted. 'by the au:t:lhority aforesaid, 'tlhiat the mayor tanld general couiJlJoil 00: the oity of Atlant:a are hereby autlhori~ed in 'their discr&.~on 1ilo issue bonds of said dty 'to 'the 'alll'Ounif; of $200,000.00, to l'lm not exceeding t'hirty yoors, o3lllld hetari.ng int'l'est a:t not exceeding

FRIDAY; DECEl\fBER 3, 1897.

409

four per ce-ntum, principal and interesd; on which ibonds shall be payable in gold ooin of th'e United S!baites of .A.merica of the 11~esent stondard :of weigfut anid fineness or its equivalent. The intere.;;t to be evidenced by coupons, and to he paid semi-~nnually, the procee'ds of which ibonds shall be devoted exclusively to the laying and e:~.."ilending of 1\VJater mains wit:hin trhe <:ity of ..:-\tlan1oo, provided the qualified
voters of staid cilty a~n'l. fby the '1.-eq.fiisite two-thl:rds majority to the issue Oif sudt boll'ds at an eleCJtion to be held -at any time in lf:Jhe Je'al'S 1897 or 1898, when called by the lll'ii,YOr and general council of the city of At.lranta., in ac 'LOI.Janl('e wilth the general le,ws 00 the Sta'f:.e regulating the is;;no of county amcl municipal bonds; p~"''Iidecl further, th'at Ill. spe-cial re.gi.stma:t.ion of the qu'aijified v-ote:rs of said city shaH he made for the hond election herein prmided
for.

Sec()II)Icl muenclmeonlt.: A'lllencl tby striikling the word
"owo," in line 29, seC'!tion 9, m1d insea~binlg in lien thereof
the '"'Otrd "five."
Third ramen'<:lmeut. 'By adding thereto a sec.ti'On to be known ras section 15, as follows:

Section 15. Be it farther cmac:uecl .by \the taultJhm;itty aforesaid, That the mayor and general council of the eity of Ar 1-all'ta tare tautthmizecl t1o p11escrihe thy ordinance rea&oncuhle chtarges rt.o he <'olloclt.eld by h'aiCk-s, orubs, d:rays, or other Hcensed veh~c.les for iJhe tJmnspo:tltJation of persons, hag. gage, mer'C:handise, O'r othm peTSonal pl'Operty within thelimits of .the oit.y of Atlan:ua.

410

JOURNAL OF THE SENATE.

Fourth amendmeq]lt: Fni'tlrer amml'Cl saicl ~ill by rennmhei'ing rhe last S'Ctoion thereof, changing from seet.ion "14" to section "15."
}Jr. Golightly, Ohai1'man of the Comm~ttee on Corporations, submitted :t:J1e foUowintg repor't:

J.lb. President:

The C'mumi'ttee on Oorpcma:t.ions lll!a"\e had uml<'l' ron. :;;idera;tion uhe following S111tate- hill, w'hil(>h I rum dirf'rted to report hack w-ith the reeo~umendation r.hat the ~amP do pass, to wit:

Senat.e bill No. 154, Ito .amend an ~act 'Ctretating' a Board
:m of Commissioners of Roods and Revenues fhe cournty
of Thom'as so as to elect said commissioners by ;thP q1ulifird
vot'l"S.

Also, House 'biU - - , whi.Ch I am diTecJted to repol"t hack '\\iieh nhe reiOOmmend'alt:ion thta:t llhe same (lo pas..;;; a.s amen'ded, to wit:
Also, Honse bill Ko. 536, to amend the chartm of the
town of whigham, and for otlwr pnrposP".

Respetclifnlly submiVt.ed.

J. F. GOLJiGH'I'LY, Chaii'mran.

Mr. Stewart of .the 34t'h diisbri~t, Ohaimmn of the Committee on Banks, submitted the following r<>port:

Jlfr. Prc.~idcnt:

Your oommittee h!ave had under consideration the fol-

FRIDAY, DECEMBER 3, 11:197.

411

lowing Senate bill, W1hic11 they instruct me to report hack with 'a recommendatiDn lt.h:ait the same do ;pass:

A bill :to pro,ide .for the exmnina:tion of prhnate hankil hy the State bank P::mminer, and for other plll'poses.
H.espe:ctfully Sllihmitt.ed. T. D. ST}~W ART, Chairman.

1\Ir. Stal'l', Chai'l'man of Commitbee on Ednc.a:t.ion, submitted the following repOl't:

.71-fr. Pt-e&id.ent:
The Committee on Edn:cta:tion htave h1ad under consideration the foHowing Honse bill, >v1Jl1oh tH1ey instruot me to rep01~t lmt>k to t.h(' Seml'be with the retcommendati'()n that sume do pa~, to wit:

A tbill to prodde for tihe eaba!blishmen't of a system of publi-c schools f.or Hhe town of }feRae, in Telair eonnty.

Respectfully sntbmitt.ed.
0. N. STARR, Ohaim1an.

!-fr. Atkinson, Oha-irman of Oommittoo on Temperance, submitted t!he following repo11t:

Mr. President:
The Committee on Temperan1oe a11ave lb.Jard und-er oonsid~ era:tion t:b.e follo'wing House bill, ''vhich bhey instruct me to report back to the Senla:te with i!he recoll1menda.tion tll'itt the same do pass ras amended, lio wit:

412

JOURNAL OF THE ~ENATE.

A hill to estabLish a dispensruy in Blakely, Early county, a'lld for other purposes.

Hoopect.fully sU'bmitted.

ATKINSON, Chairman.

Under regular Ol'dffi' the follol\ving House resolution was read first time:
By ~fT. :M'clllsfield-

A rel"olu't.ion ordering the State LiJbTarian to furn:ish to tbe ardin'ary of :Mcintosh coun'ty certain books.

Referred to Oommifltee 'Oill General Judiciary.

'l'he following House 'bills were read first. t.ime:

By l\fr. Blalock-

A hill to amend section 1912 of volume 2 of the Code of 1895.

Referred to Oommi!btee on Ba'llks.

By l\fr. Whipple-

A bill .to amend section 2191 o[ the Code of 1895.

Refoei'l'ed to Oommi!ttee on Railroa:ds.

By l\f.r. BuTwell-

A biH to reqlliire t1he Boaro of Commissionors orf Roods
and Revenues of Ha~n'Oook oounlty 'to pay i:nwlvent co.sts to certain county offi:cers, and fur O'tlher p11rposes.
Referred 'bo S'pecial Judidary COIIllmittee.

FRIDAY, DECEMBER 3, 1897.

413

By Mr. Ra.'\vlings of w!IShi:nJgton-

A bill t.o C'rea.te a -Baartd of tOommiss.ioners of R:Oads and Revenues for the oou.nlty of \V!flshing'ton.

Referred to Sp1ecilal .Tudici!ary Committee.

By unanimous conlsetnt, uhe following Senate 'bills were
~x>ad second t.i.me:

By }f.r. Berner-
A tbHl to authorize the StJaJte tba.nks of thlis Suate to make, seH, and del:i\'er olbliga:tions of sai'<i ban:k payalble in merC'Ihandise or silYer bullion, and for other pnrpos(':';.

By 1fr. Ba:toVle--
A lhill to r{'quwe all gU'arantee oompanies, surety compa:nies, :an'<i iusuralllce oompa.DJies tJo deposit with tihe S:t:ate Treasurer eerrain bonds.

By }:[r. Hopkins-
oo A bill to eoretate a Board Oommi:ssioners of Roods and
Rewnues for the eonnlty of Thomas.

By nnaivimon'S '('IOUSerut, Senate biBs :Xos. 88 and no were \\~it.h'Clnll\\'ll hy .)fr. na:vtle.

By nn~nimom; C'onsmllt, Sena:te 'billl No. 13{) was withd113:Wll by )Ir. 'Vooten.

By unanimous coilSeil!t, Senate bill No. 149 was withdrawn by )Ir. Stowatt O'f 34'th disbriot.

'Dhe foHorwing Senate bills were read third time, wlhich had adverse report ft'Olll commi'btee.

414

JOURNAL OF THE SENATE,

l~y l\h. Bloalock-

A bi:ll .to }limit the compensa:tion of oounty officers m cotmt:ia> of more than 60,000 'inQliafbiltanlts in t:Jhis State.

Heport of committee was agreed to, and 'bill was lost.

By )fr. Carter-

A 1bill to a:mend soobion 341 <Yf volume 3 of -the Code of 1895.

F pon agreeing to the rt"port of the conuuitt.ee, ).fr. Car'l:("r ea:Herd for t'he ayes an!d nay.s, :wrhich call was sustained, <i!nd the vote was as foll"()ws:

Trhose vobing in the a:ffirma:tire were Messrs.-

Battle, Geiger, Golightly, Gray, Hopkins, Hudson,

Mann, :McFarland, Redwine, ShE'ffield, Starr,

Stewart of the 27th, Stewart of the 34th, Walker of the 40th, W E'stmoreland, Witcher.

'Tihose voting in the negative were Messrs.-

Allen, Atkinson, Blalock, Brooke, Carter,

Castleberry, Comas, Everett, Flewellen, Flynt,

Goldin, Kemp, Shropshire, Strother, Wooten.

Those not voting were :Messrs.-

Brinson, Cook, Culver, Dunwody, Ham,

Kilpatrick, Stevens, Thomson, Turner,

Van Buren, Walker of the 18th, Wilcox, Mr. PrE'sident.

Ayes 16. iNoays 15.

FRIDAY, DECEI\IBJ.;R 3, 1897.

415

Report of committee 'W'as agreed to and biH was lost.

By ~Ir. "Walker 'Of 18'th distri'Ct-

A bill n1'8!king :women eligi!ble to the office of County Sdwol Oommiione:r m~d otJher offices in this State.

The report of committee was agreed to and bill !\Vas l'Otlt.

The :follo.wing Scnoate hill was read third tjme, wit.lt favorable repoi't fu"'m commitbee, 1:o be put u1pon its passage:

By :Jf.r. Berne.r-
A 1bli:ll to provide 'fotJ: exl3:min:ation of p1i'V'ate 1banks :by the State bank eX'amine:r, a'll~ for other -purtposes.

Upon 'the pas,oage of th-e hillnhe :ayes were 2"7, ll'ays 0.

The bill, having received the requisite ooll'Stitu:tionml majority, was passed.

Hy unoauimou~ eon>'ent., uhe following Senate 1hill was read fit>'t time:

By }lr. Uolightly-
A bill to allow lhot.el keepers or propri~tors of hotels in the town of Salt Spr.ing>; to furnish to iJheir guests only, \Vines and .spirits.

Referred to Committe<e oo Temper'an'C'e.

By un1animous consent., tJhe followinog Sen1a.1t.e 'bill was taken from the 'talble .to oadDipt the -amenldmen:ts on same:

-416

JOURNAL OF THE SENATE.

By Mr. Carter-
A -bill t.o amend sootion 863 of the Code of 1895.

Amendments were adoplted and bill was babied.

C nder reguklr orde;r the following Ho11;:;c bill" w<re reel! I _S('('{)nd 'time:

By }fr. H~ghtower-

A hill to estJaiblish, main'tJain antl regulate a dispen"ary in Blakely, Early >e~ounlty.

By }fr. Oalvin--
A bill to amend t'ection 1642 of till~ Code of 18!l5 of Yolnme 1.

By }fr. Brannen-

A hill to :amend 't'he cllai.,ter of the town of State~horo, :ioi1 the coun'ty of BuJ.looih.
By 11'1'. BowldenA biH to r6_P1a} run -ruct inJCorporaJting the town of Clarke;;-
ville, in Habelb-.lh'aliU county, and to create a new one for the
-Sfalll.
B~ }fr. BerryA bill to .a.rn:en'd an aclt so as to revise and consolidate the
laws governing the illl31pection of fffiii'lizers.

By Mr. Wiloox-
A bill to esttalbligh .a syl'>tem of ')YllibEe sohools in the town -of }fc\Rae, in the oouruty of Telair.

FRIDAY, DECEl\IBER 3, 1897.

417

By :llr. Brannen-

A bill 'to provide for 1i:Jhe compensation of 1the ordinary .of Bulloch county.

.By 1\Ir. Y13Jtes-

A b1 ill to grant and Cede to the United States the rigih:t .aon'<l authority 'to construct and maiDtain a public 'highway _in Oa:t.oosa ooun:ty.

A hill to amend tJhe charter of ,the town of Rockmart. By ~Ir. Collum-
A bill to create a Botard of Commissioners of R01ads rund _Revenues for 'bhe coun!ty of Floyd. .By 1Ies-31J."S. Arm~trong and CaUaway-
A ibill1to protoot bicycle ways in ,the county of w:ilkes. .By 3fr. Bawden-
A bill to authorize the mayor and cmmcil of Cornel~a :t< issue b0'11d.s, and for otther ptn"Poses .By }fr. Tohnson of Baker-
A bill to .amend 'an 'aJct i!J.lCO'I.'porn'l:ling 'tlhe torwn of New-ton, in Baker county. .By ~fr. Branne_n-
A bill to amend an act granting license to seJ!l intox:ie.atirug liquo.:rs in the county of Bulloch.
27s

418

JOURNAL OF THE SENATE.

By 11fr. Dodson-

A hill to regulrute <tfue defense to actions on policies of life insurance.

By ~Iessrs. RuthecloTd and \Vorsham-

A bill to a:boJ.isih the city COUi't orf :Monroe county.

U ntder regular order tlhe following HoU'Se bi1ls were rea& third ;time, which had adverse repOTts fmm eommilttee:

B} 1\:fr. Slaton-

A bill to regul'ate the business of fra:ternal benefidaiY oll'de~-s of this Sta:te.

'Dhe report of :the cmnmitltee Was agreed to, and bill was.
]ost.

By ~Ir. Bro;wn-

A hill to Peguhtte the sa!le orf cormmerc.ial fcrtilizel'S m this Sua1:e

1~he report of tJhe comrmitJt.ee was agreed to and bill was lcJst.

J)y ~Ir. jfcGehee-

~\_ hill to amend an aclt goyerning the inspection and sale of c-hemica: fertilizers in this State.

The report of the committee was agreed to and hill was lost.

FRIDAY, DECEMBER 3, 1897.

419

By )fr. Copeland-
tA. bill to provide the m'anne!l of prorving the fact of confinement in :the pemirenti>a:ry and chftingangs of this State.

R.eport .of committee w-as agreed to and tJhe bill was lost.

By ummimcms consent, the follQwing Senate bill was read fil"Sit time:

By ){r. M:ann-
A hill to l'equire justices of the pea-ce and notaries public, and ex-officio ju8tices of .jjhe pea<Ce o!f. tfu.e sevel"al counties <Y.f this State to meet a.t countty sites to fL~ the tirrne rof 'holding their courts, ;and for dther 'Pll!l'POSes.

Referred to Committee oo. Generral J udicioary.

By unanimous consent, the :following Senalte lbiil was l'eintroduced, which was withdrawn this morning:

By )fr. Wooten-
A bill to provide for the 'tri:al of crimill!a.l cases in county courts of ehis Straite.

Referred to Commibtee o>n Geneml Judiciary.

The following House bill, whkh was adversely reported :from commj,tJtee, was read second time:

13y )fr. Boyd-
..:\ hill to amend section 221 of tlhe third volume of the Code of 1895.
'Cpon motion of :.\fr. Strother, the bill was recommittefl. to the GPncral .Judiciary Committee.

420

JOURNAL OF THE SENATE.

:By J[r. Reid-

A bill to authorize the judges of 'the Hnperior Courts and city courts of this S'tat.e Ito issue tatlt.a'Chmen'ts without requri~ing bond.

'I'he ropoot of the committee was agreed <to and the bill was lost.

By ::'.fr. Turn<>Q-

~ bill to require all aecnsa.tiOIIls in lbhe oorunty courts t{) be sign~d by the conll'ty solicitor or prosecutou, and fo; other purposes.

Report o.f <Committee was agreed to ani<l hill was lwt.

}fr. Slhr~hire, Chailfl.ntan zyf Special Judiciary Cmnmittoe, snhmit'ted dw fo.Jlotwing report:

1lJr. President:
The Oommitttee on Special Jmlici181lj hiaYe had under consideration rthe foll'()lwing Sell!a!te bill, wlhidh they instruct me to report back to 1the Sell!aJbe wieh the recommendrution tlmt same be read second time ~aJnd be reconunitted to 8pec~al J udi1c~ary Oommittee, to wilt:

A hilltto mpeal rthre 'Charter {)f the town of Bruirburn, .and enact a new one for said iown.

WESLEY SHROPSHIRE, Ohairman.
t}[!l'. Gol'ig1hdy, Cha:iTma'll o.f the Committee on Om'PoIations, submitt0d the f{)llowing repOTit:

FRIDAY, DECEMBER 3, 1897.

421

Mr. President:

The Committee on Corpmations have had unde<r coosidemltion the foHowin'g Senate bill, 1\Vlhrch I ram directed to report back with t'11e recommell'daltion rtlmlt tlhe same do pass, to wit:

Seruate bill X o. 140, to esta:blish a Board of Comm'issioners of Ho,ads and Revenues :Jlor t:lhc county of Chattooga, and to define rtheir powem 1and d111tic-s.

Respec.tfully submitted.

J. F. GOLIGHTLY, Chairman.

The followiiilg Hnuse ibiiJl was 'read first time:

By l\fr. Rutherford-

A bill to create a Bo'<lrcl of Commi,.;_~ioners of RoadB, Public Property and Finan'ces for 'the county of ~Iomroe.

Referred to Commi,tJtee on Spe,cial Judiciary.

'Dhe follmving Senate bill was read secloncl time.

By l\Ir. Golig,hDly-

A bill to mpeal ~he eiharter of the 'town of Fa~rlburn, in 1Jhe county of Oampbell, !!!nid 'Create a new On'e fo<r same.

The foHowing Senate bill \\as read t11ird time 1to be put upon its pa._"<lage:

By l\fr. Shropshire-

A lbill to e.sta:blisl1 a Borurd of Oommissioners of Roruds and Revenues for the county of OhatJtooga.

422

JOURNAL OF THE SENATE.

Upon the passage of 11Jhe bill the ayes were 26, nays 0.

The 1bill, having received the 1-eq_uisite constituti'Olral majori:ty, was passed.

Upan matron of Sell!ator Stewart of 34th ootricl, 1Jhe time of 'adjournment. 'WillS exbended until the btlS~nSS on the Secretary's desk was disposed of.

The foUow1ng House ibill '\\1as rood t1hircl time to be put upon its passage:

By l\lr. Mozley-

A bill to amend and supersede an act incorporating the town of Smyrna, in 001bb county.

UpC>n the passage of 'the 'billltihe ayes were 26, nays 0.

The hi!ll, lm:ving a-eccivoo the requisite conStitutional majority, was passed.

The following joint resolution was read and adopt.cd:

By :Mr. Kemp-

Imni.ting t!he Hon. T. E. W1atson to address the GeneQal Assembly a!t 8 o'clOICk p. m. on the 6th inst., on :the subject of Fin'ance.

The res01lution was ordered to be ttransmitted tJo the House immedi'ately.

llfr. St'arr, OhiaiTinl!l!n of OommitJbee On Edueati'on, srubmitted the foll'()l\vrung report:

FRIDAY, DECEl\IBER 3, 1897.

423

.Mr. President:

The Oomm~titee on EduoaJtion IJ:rave had under consider:ation :the following House bill, whi'ch they instruct me 1Jo repocrt back to iJhe Sen1ate wi'th rJJhe Tecommeudaltion th'ait s-ame do pass, to wit:

A bill to authorize the city council of Thomaston to issue bonds for school purposes.

'Dhe COJJlllll~titee also recommell'd thrut the foUow:ing bill do pass 'a.s amended:

A 1bill to estrubliSh a lomd school system of Putrrarri CO'U!Il'ty.

R\specltfnlly submi-tted.

0. N. STAR:R, Ohaiirman.

The following House 1bills were read third time to be put :upon their passage:

:By ~Ir. :Jiozley-

A 1hi11 1to amend an 1a:0t to in:001'porate t'he town of P(jwder .Sprin1gs, in Cobb county.

.Upon tJhe passage of the billl(fue ;ayes were 24, n'ays 0.

The bill, 'having received lthe requisite oonstituti011al majori<ty, was passed.

O'.fr. Hopkin'S moved fbo adjoum.

Jl.fr. Dnmvocly mm,ed 1as suibstitute 'lfuat when t'he Senrute -did 'adjourn tih'at it a:cljourn u11tJil Jl.fonday morning at 10 IC'clock.

424

JoutmAL oF Tng SEC\ATE.

Upon motion w adjoru;r'n u:n!til Mo111day, ::Ofr. Haittle called
for the ayes mrd nays, wl1~ch call """as sustained, and the vote was as follo"\\s:

Those wting in the affirmative were Messrs.-

Atkinson, Blalock, Brooke, Castleberry, Comas, Dunwody, Geiger,

Goldin, Hudson, Redwine, Starr, SteYens, Stewart of the 27th,

Stewart of the Mtb, Thomson, Walker of the 40th,.. Wilcox, Witcher, "'ooten.

Tlhose voting in the negative were Messrs.-

Allen, Battle, Carter, Flynt,

Golightly, Gray,
Hopkin~,
Kemp,

Mann, Sheilield, Shropshire, Strother

Those nlot voting were J\fessrs.-

Brinson, Cook, Culver, Everett, Flewellen,

Ham, Kilpatrick, McFarland, Turner,

Van Buren, Walker of the 18th, Westmoreland, Mr. President.

The motion, having receiYed the inajority, was carried.
The following House bill was read thiad time to be put upon its passage: By :1\Ior. Thomas of "\Yarer-
A tbiH to esltaiblish a -city court m W.aycross, m Ware county.

FRIDAY, DECE~rBER 3, 1897.

425

Upon bhe passage .of the hill the ayes were 27, ntays 0.

The bill, having reeciYckl the reqnis~t:e const.itntional majorhy, was passed as amended.

The mnendmenits were as follmvs:

1. By strriking from ttenth line, seetion 2, "recein~," and inserting in lieu tlwmof the word "~ecoYe:r."

2. By inserting t1JC word3 "and di3pose of" after "issue" in 31;;t line of seotion 5.

3. By inserting '!:'he word "c.ouu't" ~'-liter the w01'd "city," in line 21, se:ction 6.

4. By striking t,lw words "ex officio," H1 line 1D of secltion 7.

5. By striking ont "ftactecl," in firS:t line, section 30, and inserting itn lien therootf lt:l1e wo:rd "fnrither."

6. By inserting the wo:rd "g'l'an'd" before "jury," in 3-ft!h line, section 30.

7. By striking out the word "juries" in se:co~1'd line of seotion 37, and inserting in lien 'thereof tlhe word "jurors."

8. By insC'liting rt:he word "}a:ws" after "of" in second line, section 45.

By )fr. Cook-
A .lJill '~o incovpomte anld estaJblish and maintain a dispensa:ry :in the ,t.own of D(maldsonrville, in the county of Deoatur, and for other purposes.

426

JouRNAL OF THE SENATE.

Upon rthe passage rof tthe ibm !the ayes wme 26, n1ays 0.
The bill, haYing IJ.'ece~ved the requ~siJte :constitutional majority, was passed.
11Ir. B.ioplcin~ mo'VE'ld to rooonsider the vote taken to adjourn until J\frO'Il'day raft 10 o'clock.

'I'he moltion was lost.
By 1fT. PauletteA bill to amend the charter of the ~town of Whi~lwm, in
the CO'lm'ty of DeCJaltUT. Upon the passage of the hill tfhe ~ayes were 27, ruays 0.
The bill, having received 1lh-e requ:isi:te constitutional m'ajori:ty, '"~as passed as amended.

The -a.mEmdments w-ere as follows:
:Firrst ranwndment: Amend 1by striking a!flter bhe wOII'd ''liquors," in rthe eighJth line of ilhe captiOIIl of the bill, 'tihe following w-ords, tJo wit: "cigare'tites, eflc."
.Seconl(]. 13.mendmenlt: .Amend by Sbrikmg la.fter the <Word "whaben"r," in the ninth line of section 14, ithre following words, rto ""it: "an'd 1also 'bhe sale df C:i~lweibtes, cigarette to-ba-ceo, .aJild rcigrurette paper."

By 1\fe3::>"'TS. Ruillhedorrd and Wonfu'am-
it bill to est'ablish a system of pu'bliJc schools for the 1Jo'W'D. .c. Culloden, anld for otiher purposes.

Upon 'the passage of the hill the ayes. were 25, nays 0.

FRIDAY, DECEMBER 3, 1897.

427

The hi'll, hlaving received lthe requisite consti.tlutional majority, WlruJ passed.

:llr. Geiger, Chail"l11an of the Committee on the Academy forr ifue Blind, s11'bmittro the following repQirt:

Jfr. Presiden-t:
'l_)he 00'lllni~tltee'on !lihe Academy for the Blind have had 1mder coansikleraltion House !I'ElSOlution No. 181, for relief of Xick Kimg, which they instruct me 'to repOTit back to the Sena:te with tthe rooommendrutiO'll tth'at !the same do pass.
The following House biBs were read sooond time, to wit:

By :llr. Jenl-ins-
A :b-ill to estruhTish an'd maintain 1a local pU'blic scihool sy'iit.em in the county of Pu!tlllruffi.

By )fr. Adams-
A hill 1to authmize the city councrl of Thomta'Sitorn, in Upson counity, t'O issue and sell bands.

The following House bills were re-ad third time to be put. upou their passage:

By )Ir. Hamby-

:A bill to pay jurors from 1Jhe coun,ty treasury in aJCtions Jn which the county is in'tereslted.

Upon the passage of the biU the ayes were 23, nay::; 0.

428

JOURNAL OF THE SENATE.

The bill, 1having received the requis~te constitutional majorilt.y, was passed.

':Mr. At:J..-imsOIJl moved i~o adjourn, ,and t:he motion was lost.

By l\fr. P'aree--

.A bill to provid-e for the p1'ocuremen1t of a complete roster by coonpanies o:f a:ll the troops :furnished by this Strute in 't'he }ate civil war.

Upon the passage o:f the hill 'the 'ayes were 25, ruays 0.

The bill, having received bhe requisite const~h1tional majority, was passed.

By )f!l'. Oalvin-

A 1biU to appropl'iiabe $1,000.00 to repair nnrtilated mrups for counties o:f this St<alte.

Upon 1the prumge o:f 1Jhe 'bill, be':ing to ll'ppropriate money, t:he J1oll was oolled, aJnd the vote was as :follows:

Those voting in the affirmative were Messrs.-

Atkinson, Battle, Blalock, Brooke, Comas, Dunwody, Everett, Geiger, Goldin.

Golightly, Gray, Hopkins, Hudson, Mann, McFarland, Redwine, Shropshire. Stevens,

Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Walker of the 40th. \VestmorelanJ, Wilcox, Witcher, Wooten.

FRIDAY, DECEMBER 3, 1897.

429

Those not voting were Messrs.-

Allen, Brinson, Carter, Castleberry, Cook, Culver,

Flewellen, Flynt, Ham, Kemp, Kilpatrick, Sheffielrl,

Starr, Turner, Van Buren, Walker of the 18th, Mr. President.

The hill, havi11g received the requisite const~tutiona1 majority, was passed.
:.\fr. Starr, Chairman pro tem. of Committee on Engrossing, su1bmi1t!ted '!:!he following report:
M1. President:
The Commitltee on EngTossing have exam'ined and found duly engrosselcl and relady for trall1'lmissiQin to the House the follol\vrrng bills, to wit:
A bill to incmvora:be the 't!own of Summerville, <in Ch;t-:_ tooga county.
Abo, a bill to incorporate the town of Trion m ChattoJoga eoun'ty.
Respectfully submitted.
0. K. STARR, Chairman pDo tem.
1IJeave of aib.;;ence ""as gralllteld .Semwtor Atkinson for a few days on import'alllt .business.
Also, Sernrator \Ya'lh>r orf 40t'h distnict, for ~fon<d-ay, on imporrtant business.


430

.Jomt:"AL oF TilE SE:sATE.

~lso, l\Ir. Flynt Gargett., messen,ger, for ;)fon-day a.nd Tuesd'ay, 'On impOl'tanlt !business.

)Ir. DunJwoidy moved 'to adjo'llTil, and upon 1the mO'tion called for ~he ayes and D'ays, whioh C'alliW{IS sustJainetd, and_ the v:ote was as follows:

Those V'dting in 1lhe a:ffi1'mative were 1\Iessrs.-

Atkinson, Comas, Dunwody, Everett, Geiger, Goldin,

McFarland, Redwine, Shropshire, Stevens, Stewart of the 27th,

Strother, Thomson, \Vestmoreland, Wilcox, Witcher.

Tihose V'O'ting in the negative were Messrs.-

Battle, Blalock, Brooke, Golightly,

Gray, Hopkins, Hudson, Mann,

Stewart of the 34th~ Walker of the 40th, \Vooten.

Those not voting were :Messrs.-

Allen, Brinson, Carter, Castleberry, Cook, Cul\'er,

Flewellen, Flynt, Ham, Kemp, Kilpatrick, Sheffield,

Starr, Turner, Van Buren, Walker of the 18th, ?!Ir. President.

Ayes 16. Nays 11.

The motion, ha-ving received the majority, was carried, so the Senate stood mljourlwtl until ~fonday moruiug at 10 o'clock.

MoNDAY, DECEMBER 6, 1897.

431

Senate Chamber, AHanta, Ga., Monil'ay, December 6th, 10 O'clock A. J\1.

The Se11ate n1et pursuan,t to adjournment, and was called to order by the Presid-ent.

Prayer was offered by the Chaplain.

L pon motion o.f Senator Gray, the roll-call was di>pensed with.

The Journal of yesterday was read and approved.

The following message was received from Uhe Houseriuough ilfr. Haldin, the Clerk thereof:

.Mr. President:
The House has passed the following bills by the requisiteconstitutional majority, to wit:

A bill releasing and granting to Columbus Power Company all the right and title which the State of Georgia may :i1ave to t.he bed of the Oha.ttahooclwe riYer between the north line of frruc.tional lot number SS and the south line o number 89 in 8th district, :Jiuscogee count:.

_.:\bo, a bill to amend an act creating the city court of :Jlacon.

)dso, a bill to appr-opriate fin tho11smHl 8C\'Cn hundred a11cl eighty-one dollars and ten cents to rPimhurse the trca~nrer of this State for money achancen to pay the mileage of the extm session of the ](gi,.]atnn'.

432

JOURNAL OF THE SENATE.

Also, a bill to authorize a jndicial sale o.f the franchises of insolvent private corporations.

Also, a bill to amend section 2350 ()f the Code of 1895.

Also, a bill to amend an act to create a Board of Police Commi.~ioners for the city of SaYannah.

Also, a. bill to repeal seeti()}l 8 of an act. amending the charter 'Of the town of Jesup, approved Deeember 26, 1888.
Also, .an act tlo amell'd an act incorporating the town of
woodbnry, in )feriwether.

Also, a bill to inco11)0rate the town of St. 1Iarks.

Also, a bill to establish a Board of CommiSdi.oners of Hoaili and Renmues for the c-ounty of Taylm-.

Also, a hill to amend the c1onnty court laws, to abolish the county court of Tayl>or county.

Also, a bill to p1"0hibit butchering of any cattle, sheep or h-ogs in Liberty c:ounty.

Also, a bill to pr<wide f()r a system of working the public: roads in Bryan county.

Ah;o, a bill to a.ppropi'iate four thousand nine hundred. .anl sevent~n dollars and forty-three cents to reimburse th,; treasurer for money advanc-ed to defray the expenses of t:he Legislative Committe to investigate cha1-ges against .Jl;.d~s Sweat and Heese.

MONDAy, DECEMBER 6, 1897.

433

Abo, a bill to :=tpprGpriate $3,400 for the purpose of e~recting: ne('l"'S::>ary fire "a11s and wa.ter cisterns for the lunatic asyhun.

Abo, a hill to appropriate $320 to the School Book Com-
.llUSSlOll

..\lso, a bill to require the State :\Iemorial Board to make .an inTestigat.iou of the Confederate cemet-eries in this State.

~\J,.co, a bill to a.mE'ml the c1wrter of Cusseta.

Al,-o, a bill to change the corporate limits of Oakland City.

~\l~o, a bill to ropeal an act authorizing the town of Perry to i:ooo:1w honck

The Honse abo adopt('(! the following resolution, m whirh the eoncmTen'ce: of the Senate is asked:

A reo:nlution aut.li'Orizinp: the GoYernor to grant his warrant. for $2();j.~~ in faYor of H. \Y. Thomas.

The Jion;:e ha:5 concmrecl in the Senate amE'nclment.s to the folln,,iug Hon~e hills:

..\. hill authorizing eorporations or imli.Yidnals engaged 'in eoH::'trncting plant:; for grnerating electricity, tn pur.cha,.cP, ka,P or <nH<l<~nm rip:ht.;;. of way or other ea.;;rnu~nt:; 11<'ce""ary for ,;neh pnqlnses.

..\],n, a hill rn authorize rQnnty authorities in thi;; State :to enH<lcmH lawJ..., for ma~adamizing public roads.
2Ss

434

, JouR~AL oF TilE SE~ATE.

The Honse has also passed the following Senate hilLs b,T the I'Cquisite constitutional majority:
A bill to incorporate the town of Fairmount, in Gordon county.
.:\..lw, a bill to establish the city court of Dough;, in Coffee county.
~Ir. Brooke, Chairman pro tem. of Committee em EngroB&iug, snbmibte.d the fo.Uowing report:
JJ1. Prcsi.dcnt:

The Committee on Engrossing haY<' examined ancl fonm[ duly pngrossed and re.acly to he tram;mitted to the Hun;;e the following ScnatP hill, to \Yit:
A bill to proYitle for the examining of private l>aub by the examinm of State banks.

Hespedfully submitted.
T. P. BHOOKE, Chairman.
r pon motion orf ~I r. Carter, Scuatt hill No. Ll-7 wa,; re-
<'ousi<krccl, whith was ]o,;t on F6clay; the bill \Ya,; tableJ.
l~nclet rrgnlar orcler, tlw follcmiug Senate- bi]],; \H't'(' rca<l first time:

B.' ~\Ir. ~Iann-
_-\ hill to imorporatc tlw tnwn nf ReiclsYiliP, 111 the eonnty of Tatuall.

Rdcrrcd to Commitkc on Special .Tnclieiary.

l\fo~DAY, DEcE~IBER 6, 1897.

435

By ~\Ir. \\ralker of 18th-

~"" bill to define the duties and to fix the c.ompensation of the trca;mrcr of Hiehmond county.

Hefcrrcd to Committe on Special Judiciary.

1~mlrr regular order, the following I-Iou~ bilb wereread first time:

B; ::\Ir. Little-
-""hill rci0a.sing <l!Hl gmnting the Columl)u:;; Powro: Company certain priYileges.

Heferred to Committee on Public Property.

By ::\lr. Little--
~"" bill to authorize a jnclieial sale of the franchise of in;;olYc-nt priYate corporations.

HdeJTe<l to ( \munittee on General J udieiary.

.\ hill to ame1Hl t1hP ad creating t.he city court of ::\Iacon, and for other pnrpo~<:-.s.
Hcfnrrtl to Counuittee on Special J ucliriary. B_,. ::\fr. Little-
.\ ],jJl t11 ap]mlpriat<> $;),7~1.0G to pay the expenses of tl](' cxtn1 ~C\-"~ion of the legislature.
Hefrrrecl to Committee on Finance.

436

JOURNAL OF TIIE SENATE.

B,r )lr. Little-

A bill to amend section 2350 of the Code of 18!J5.

Referred to Connnitte:e on Gt:>neral J ucliciary.

B5 )lr. :Xiclmls-

.A bill to repeal section 8 of tlw charter of the to .Tesnp, approwd DeteP.mher 26, 1888.

Hefened to Committee on Corporation.;;.

B~ )fr. )f't'Laughlin-

A bill to inrorporate the t.o\\n of St. )fark,;;, in the c of )[eriwet.her.

Heforroo 'to Oomm.it:tee on Corporations.

B~ )Ir. )Ionfort-

A hill to amend t.he eonn t.~ eonrt la "'" of Taylor c(

Referred to C'onnnitte'e on Special Jndieiary.

R~ )Ir. )fcT..anp.'hlin-

~\ hill to amend au ac.t incorpor<lting thC' tmm nf l hnry, in the eonllit,Y of )fpriwether-

RC'rf{'t"l"('d to (\mnuittee on C'mporations.

13~ )fr. Dmwau of Chatham-

A bill. to amend au act entitle(} an aC't to <rente a ganize 'll Board of Poli<'<' Omnm:i:;:;ioncrs for the c Savannah.

MONDAY, DECEUBER 6, 1897.

437

RefeJ'l"Ctl to Committee on Ooo1J01"ati'Ol1S.

By :Mr. .Awtry-:-
A hill t.o r<:qnire the State )J.emorial Board to make an inve:.stigatilon of the condibion of the different Confederate cemeteries of thi::; State.

Referred to Committee on )Iilit:ary.

By )lr. Litt.le-
.A bill to appropriate $320 to the School Book Oommission.

Referred tro Fi11'wnc(l Committ.e;e.

By )Ir. Bo~nt.on-
A bill to appropriate $4,917.43 1o pay tho expenses of the investigation of Judges Reese and Sweat.

Referred to Oommittee on Appropriations.

By ~Ir. 1.f'Organ-
A hill to pro.-dde for a syst.em of working the public roads of the county of Bryan.

Referred to Committee on Public Roads.

By )fr. :McCook-
A bill t.-o amend the cl1arter of the town of Cusse.ta, m Chattahoochee county.

Referred to CommiUee on Special Judiciary.

438

JOURNAL OF THE SENATE.

By 1Ir. Taylor-

A bill to appropriate $3,400 to be used in erecting nece::sary fire walls at the lunatic asylum.

Heferred to Committee on Appropriations.

By ~Ir. Slaton-

A bill to change the oorporatc limits of the citJ of Oaklancl.

Referred to Committee on Corporations.

By 1fr. Law-

A bill to prohibit the butchering of any cattle, sheep ~r hogs in the county of Liberty, under certain circumstances.

Refened to Committee on Special Judiciary.

By )fr. Dt1ncan orf Houston-

A bill to authorire the mayor and counlcil of the town of Perry to issue bonds to the amount of $5,000.

Referred to Committee on Corporations.

By Mr. ~font-fort-
A bill to establish a Board of Commissioners of Roads and Revenues for the county of Taylor.

Referred-to Committee on Special Judiciary.

Also, a resolution :authorizing the Governor to draw his warrant for $205 in faYor of ,V, H. Thomas.

Referred to Committee on Finance.

MoNDAY, DECEMBER 6, 1897.

439

The following mSsage was received from the House through :Hr. Hardin, the Clerk thereof:
llfr. Pnsi.deni:
The Honse 1m~ concurred in the foUowing Senate re.solution, to wit:
A resolution, inviting the Hon. T. E. 'Yat,so.n rbo address the Gemra.l Assembly on 1Ionday night, at 8 o'elock p. m., on the subject. of" Finance..
1Ir. 'yestmoreland, Chairman of the Committee on En-
grossing, submitted the follt()lw.ing report:

Mr. Prcsi.r.lent:

The Committee on Engrossing have had 1mder consideration the :following bill which they direct me to report .a.s regularly .arrd corrCICtly engro.ssed and ready to be transnutted to tl1e House, to wit:

A bill to create a Board of Commissioners of Roads and Re>enues for the county of Ohat.tooga.

Respectfully submitted. G. P. 'YESTMORELAND, Chairman.

1Ir. Shropshire, Chairman of the Special J udieiary Committee, submitted the following report:

-~lr. President:

The Special Judiciary Committee have had under consideration the followmg Senate bill whi-ch .tJhey instruct. me

440

JOURNAL OF THE SENATE.

M rep-ort hack to the Senat.e wit.h the recommendation that the same do pass.

A bill to incorporate the to\\'Il of Fairburn.

Respectfu11y submitted.

WESLEY SHROPSHIRE, Chairman.

By unanimous consent, the follo'\\ing Honse bills were read thlrd time, to be put upon their paSi:laome:

By )fr. Fogarty-

A bill to amend section 815 of the Code of Georgia.

lTpon the passage of the bill the .ayes were 26, nay;; 0.

The bill having received the requisit.e constitutional majority, was passed.

By :.Ur. Calvin-

A bill to amend section 1G42 of tlw Code of li'fl.) of volume 1.

Upon ihe pas.sage of the bill the aye.s were 25, na:s 0.

The bill having received the requisite constitutional majority was passed.

By ~Ir. Blal'Ock-

A bill to authorize the State Treasurer tiO clra w from any amount in the Treasury the sum of $400,000 to pa: teachers, as provided by law.

Upon the passage of tfu:e !bill, this being an appropriation,. the ayes and nays "'"ere called and the vote was as follows:

~fo~DAY, DF.CE:\IBER 6, 1897.

44r

11hose V'oting in tlhe affumative were Mess~.-

Allen, Blalock, Brinson, Brooke, Castle berry, Culver, Everett, Flynt, Geiger,.

Golightly, Gray, Ham, Hopkins, Hudson, Kemp, :\Iann, Redwine, Sheffield,

Stewart of the 27th, Stewart of the 34th,. Strother, Thomson, Turner, Van Buren, Walker of the 18th;. Witcher, Wooten.

Those voting in the negative were Messrs.-
Flewellen,

Those not voting were ::M:essrs.-

Atkinson, Battle, Carter, Comas, Cook, Dunwody,

Goldin, Kilpatrick, "McFarland, Shropshire, Starr,

8teYens, Walker of the 40th,. \Y estmoreland. Wilcox, Mr. President.

Ayes 27. Nays 1.

The bill haYing receiYed the requisite coru;titutional majority was passed.

By :Jir. Hill-

A bill to amend section 428 of the third volume of the Code of 1895.

On the passage of the bill, 1Ir. Carter called for the aye;<and nays, which c-all was susbained, and the vote W'as a.s fol- lows:

-442

J OUR~AL OF THE SENATE.

Those vO'ting in the affi.I'mative were :Messrs.-

Allen, Atkinson, Blalock, Brinson, Brooke, Carter, Castleberry, -Go mas, Cook, -culver, Everett, Flewellen,

Flynt, Geiger, Goldin, Golightly, Gray, Hopkins, Hudson, Kemp,
Kilp~trick,
Mann, Redwine,

Sheffield, Shropshire, Stewart of the 27th, Stewart of the 3Hh, Strother, Thomson, Turner, Yan Buren, Westmoreland, Witcher, Wooten.

Th~e nlot voting we~re Messrs.-

Battle, Dunwody,
Ham, McFarland.

Starr, Stevens, Walker of the 18th.

Walker of the 40th, Wilcox, Mr. President.

Ayes 34. Nays 0.

The bill having reee1ved the requisite constitutional majority was passed.

By unanimous consent., the following Senate bill was read third time, to be put upon its passage:

By }fr. Golightly-

A bill to repeal an act incorporating the tmm of Fairburn aJld create a new one for the same.

'Lpon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.

MONDAY, DECE)IBER 6, 1897.

443

By ::\Ir. HopkinsA bill to amend an a10t to create a board of Commis-
sioners of Roads and Revenues for nhe -county of Thomas. "Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.
The foHowing Senate bill was read third time, to wit:

By ::\Ir. Battle-

A hill to require guarantee companies, surety companies, ~mel fi(lelity companies to deposit with the State Treasurer oe.rt.ain bonds.

"Upon motion of :Mr. Turner, ,the bill was laid upon the table.

The following Selll.ate bill was read second time:

B:v ::\fr. ::\fcFar1and-
A hill to prev>ent the cutting or felling of trees on any of i.he st.reams or wat.eroourses of 'this State.

An invitation was accepted inviting t!he Genm'B.l Assemhly to an entertainment at tfue '~Columbia Thealber" on }'riday night, December 10.

LeaYe of ruhseuce was granted Sen:a.tor Blalock for tomorrow, on impolitan't husiness.

LeaYe was also granted the committee to visit the Blind Asylum immediately after adjournment to-day.

444

JOURNAL OF THE SENATK

Leave of absence was aho granted Senator \Yalker of the 18th, for to-morrow, on important business..

Leave of abseJllce was also granted Senwtor Flewellen fo1 to-morrow, on important business.

Leave was also granrt;e.d to Sena~or Stewart of 34th district, until \Yednesday noon, on important busine5.s.

The following House bill was read second time:

By }:fr. Slaton-

A bill to )Jl'OYide for notioo to the garnishee in any of uhe courts of this State when his answer has been traversed.

The following Senate bill was read third time, to be put upon its passage:

By Mr. Berne!l'-

A bill to authorize any State banks now existing under the laws of Georgia J:io make, sell and deliver ob-ligations of said bank payable in merc.handise or silver bullion, and for other purpoSs.

The hour of adjourrumlent having arrrived while discussion of tfue bill was in pl'ogroos, the Senate stood adj.ourne<l untrl to-morrow .at 10 o'clo:ck.

TrESDAY, DECE:IIBER 7, 1897.

445

Senate Chamber, Atlanta, Georgia, Tn&'day, D<ember 7Jt:.h, 10 O'clock A. )f.

The Senate mt>t. pn~uant. to adjournment, .and wag called 1r) order by !:'he Pr<side1rt.

Prayer wus offprc:d by the Chaplain.
r pon motion of .Jlr. Battle, the roll-eall was dispensed
with.

The .Jonrnal of yesterda~ was re".ad and a.pproYetl.

11 r. ~\tkinson, Chairman of the Committee on Temperarwe, sHhmintC'<l t-he following report:

Jfr. l'n.-;i.dmlt:
Yonr committee' han hruln111ler c.onsi<lt>nltion the following Se11ate hill, whic-h they instrnd me to report back, \Yith the' l'C'<ommemlat.ion that. the same do pass, to wit:

A hill to allow hotel k0epers, or proprietors of hotels, in the' town of Salt. Spring;;, Georgia, to ,:.p}l or furnish wine,; or ~pirituons liquor~~ t{) the gue.,-ts of .;tneh hotels, and for otl]('r pnrpo:;es.

~\TKIXSOX, Chairman.
The :f:1ollowing mp;;...;;;age "''as receiYed from the House t!mmgh 1fr. Hardin, the Clerk thereof:
.lfr. l'n8i.rknt:
The Hon"-C' lw.s pa;;;;cd h~ the reqni;;ite eonstitntional
l11ajori t,v, the following bills:

4-!6

JouR:-lAL OF TilE SE:'IATE.

A bill to create a Board of Conunis.-;ioncrs of Hoad.;; awl HeYenues for Clarke county.

Also, a bill to amencl a.n act proYi<ling f.or <t ,;y:;tcm of sewerage for the city of \Yaycross.
Also, a bill to aboli.;;h the city court o Carroll eounty.

Also, a bill to a:bolish the city court of Spal<ling- (onnty.
Also, a bill to '("hange t,lJp uime of holding the :<nperio; eonrt~ of Charlton and Clinoh countie.s.
Al'lo, a hill to anwnd a11 nd to enlarge the jmis,Jil'tiolt of the eity eonrt of Sa\'annah.
.Abo, a bill to rPineol1)(H'atP the city of \\Timler.
.Abo, a hill to a:mend tlw <harter of tlw eity of .Jiaeon.
Also, a bill to pay jnror,; anl bailiff;: of Charlton ('.<J\lHty: _\lso, a bill to rep'<'al an aet to abolish tlw <"ollllty l"omr of Climh county. ..:\l;;n, a hill to amend an aet <~ta:blishing n <onnty conn of Donghc1ty and L<oC~ (nnnty.

..:\lso, a bill tro amend section 3 of an act organizing a B'mnd of County Conuni:<.<imwr;:: of Twip:1,."" eonnt.'

Also, a hj.]] ti) rllpeal an aC't prmiding for the l'Olllpl'H:::ation of the Or<linary of Twigg;; county.

..:\lw, a bill to change the time of holrling the fall t(rm of Colquitt county.

TUESDAY, DECE~IBER 7, 1S97.

447'

Also, a bill to proYidc for a better I'<?lgulation for the collection of taxes for roaJ purpo:3es in Lee county.

Abo, a bill to amcml an act esta.blishing a sys~em of publie O<ehools for the tom1 of .:\.ustdl.

..:\L3o, a bill to exte!Hl the jurisdiction of the Commissioners of Chatham connty.

Also, a bill to repeal an act to require Dougherty co-m1t.y to pay the otfice1:3 certain co:3t.s.

..\lso, a 'biN to rc,fuml D. B. Le-onard cei't.ain overpaid.
. raxc~

..\.l~n, <I bill to rPp:nlat.c the cat(hing of fish m Tallulah
1"1\'Cr

.:\.1,-o, a hill to chaug;r the time of holding Pike :mperiur crmrt.

~\ l"o, a bill for the protcetion of fish in the stream,; or LPe eounty.

..\J,-o, a J,i]] to al,oli"h the eonnt~ court of Donghcrt.v en.nn ty.

..\l~o. a bill to rep('<ll m1 ad. crPating a 13oanl o{ County Crnnmi~"inll{'r:> f,,r Jia her:"ham county.

The Hnn,-p ha,- a],;;o <Hloptf'd the follo\ving re,:;olntion, m \\hich the (nmurrence nf the Senate is askccl:

..\ re,.:-o]ntinn to appoint a f'ommittee to sccmc an exhibit
of thP product,;; of n('<(l'gia at thf' Trans-'Jiississippi and In
dnctrial Expo~ition, at Omaha, Xeb.

-448

JOURNAL OF THE SENATE.

The House has concurred in the Senate amendments t.o the following bills, to wit:
A bill to amend bhe cha11ter of the town of \Yhigham.

Also, a bill to amend the charter of the city o.f ..:\..tlanta.
Also, a bill to et"'tablish the city court of \\~ayeross, in \Yare cmmty.
The Honse has also pa:;-;;ecl the followin~ Senate l>ills, l>y th_e requisite constitutional majority:

A bill t.o chang>e t.he time of holding the sup-Prior <-onrt of ..:\ppling county.
"\lso, a bill to prohibit the ~.ale of spirituous lii}Hor,; in tlw cmmt~- of T-errell.

Also, a bill to quiet the title;; of lands in Camden r-onnt,Y.

Jfr. Shropshire, Ohairman SJW!e~al .Tndi0iar.' Committc,e, submitted elm following report:

Jlr. Presi.deut:

The Spf'lcial .Tndiciary Committee has had mHlPr consideration the followill'g Senat-e hill, whieh I nm iu:;trnetcl to r<-port that the same do pat'R, t.o wit:

A hill to be entitled a:n a0t to clefine the dnti~ and fix
t ite <ompensation m t!ht> t.teasnrer of Richuion<l ''onnt,,-.

..:\),;o, Senatt> hill X o. 1ii8, w'hich I am instruett>d to repoJnt. bad>:, with the l'{'!COmmeiHl,ation that f.he same do pass, ;:,.; -a mended, tu "it:

TuESDAY, DECEliBER 7, 1897.

449

A bill to be entitl-ed an act to inoorporal:te the town of Reidsville, in Tatnall county.

Also, House bill X o. 508, which I am instructed to report back, With 't'he I'eCOUUUeniCla!Jion :tha1t jjhe same do pass, t.-> wit:
~~ bill to be entitled an aCJt to runend the chai't.e<r o the :town of Guyton, Ga.

Also, House bills, as follows, which I am instructed to Teport that the same do pass, a.s amended, to wit:

1\.. bill to be entitled an a:ct to create a Board of Commissioners f& w'a.sihing,ton ooun:ty.

...:\.lso, a bill to be en!Jitled an act to fix the salary of the -Commissioner of Irwin county.

Also, a bill to be e;ntj.tled an act to amend the act creating the city court of )lacon, fixing the salary of the judge o said court, and prm'iding regular and special terms of said court.
Also, the following House bills, which I am instructed to report back and ho read second time and recommitted to Special Judiciary Conunittee, to wit:
A bill to be oo.titled an a:ct to amend the cllmter of the town of Cusseta, Chatta.hoochee county.
Also, a bill to be entitled an act to amend an act to create ..a Board of Commissioners for :Monroe county.
RespectfuHy submitted. WESLEY SHHOPSHIRE, Chairman.

450

JOURNAL OF THE SENATE.

l.fr. Flewellen, Chairman of Committee on Pension~~ submitted the following report:

Mt. President:

The Com.milttee on Pensions have had under considera tion House bill No. 233, which provides for the creation of a Board o.f Pension Commissioners for each county, ancl I am directed .to report it fba.ck, with bhe reoommend:a,tion that it do pass, by substitute.

Respectfully submitted.

J:<'LEW"ELLEX, Chairman.

IJ'he unfiinished lbusill'ess, whic:h was Senate bill No. 153,_ was taken up.

Upon moii'On of Mr. Berner, the bill was table{l.

The following resolution was read and adopted:

By l\fr. Battle-

Resolved, that a oomm.ittee of three, to be known as the Steering Committee, shall be appointed by the P.resident, whose duty it shall be to examine int.o the various matter;; on the seCI'etary's desk, and arrange the order o.f busines;:, and the ordar of such bills and resolutions for passage, as may be on tihe secretary's desk.

Resolved further, that said committee be authorized to confer w~th the like committee on the p:art of the House, looking to tihe advance'lnent on the House calendar or such Senate measures as haYe passed this body, and are now pending in the House.

TuESDAY, DECEMBER 7, 1897.

4511

Comrnit.tee consists of Messrs. Battle, Gray and Hopkins~

By unanimous consent, the following Senate bills were read first time:

By Mr. Berner-
A bill to regulate the payment of fees to attorneys and recei>rers in cases where pootion fm injun'ction and receiver is filed in this State, a'nd a receiver is appo~nted, and for other purposes.

Referred to Committee on Gene:ral Judiciary.

By Mr. Flewellen, Chairman jorint committee-

A bill to provrid.e for the CO!I.'T'ect return of property of this State for taxes.

Referred to Committee on Special Tax.

13y 1fr. Wiloox-

A bill to require the county of Coffee to pay the officers of the COlll"t oertain costs.

Referred to Committee on Special Judiciary.

L ncler the regular order of business, the following House bills were read first time:

By }lr. Duncan of Lee-

A bill to protect fish in the streams of Lee county.

Heferred to Committee on Special Judiciary.

452

JOURNAL OP THE SENATE.

By Mr. Dickerson of Clinch-

A bill to repeal an act to aholish the county cO'Ilrt of Clinch counity.

Rlefe1'Ted to Committee on Special Judiciary.

J3y ::Ur. Wight-

A bill to rubol:i.sh the county court of Dougherty county.

Referred to Committee on General Judiciary.

By nna.n!imo11s consent the following Senate bill was taken from the table to be pnt upon its passage:

By ).fr. Battl&-
A bill to require all guarantee companies, surety com" p&nies, amd fidelity com.pames to deposit with tJhe Stare treasurer certain bonds.

Fpon the passage of the bill the ayes were 24, nays 0.

The bill 1h~ving rooeiveld the requisite oCJonSiti:tution~a.l m.a.jorit.y was passe.d, as amended, and the amendments were as follows:

Amend by adding at -end of section one the following: Except that the deposit -of honds as herein required, shall be $25,000, and not $50,000, as Teqnired under 8'aid act approved Decflnber 24th, 1S!.l6.

-Hh. Amend caption of said bill by striking from the third line of said c.a.ption after the word "companies" and before the word "guarant.eeing" the words "signing bonds as surety or."

TUESDAY, DECEl\IBER 7, 1897.

4'>3

1st. Amend secti'On 1st by striking from the 5th line of eaid section after the word "in" and before the word "guaranteeing'' the words "signing bonds."

The following House bills were read first time:

By Mr. ReddingA bill to change the time of holding Pike supm".ior court.

Referred to Committee on General J udiciar.y. By Messrs. Mooa-e and Col~
A bill bo abolish the city oourt of Carl'Oll county.

Referred to Com:ntlttee on General Judiciary.

By Mr. '.Dhomas 'Of Warre-
A bill rbo authorize the establiShment and mainlten~a.nce t()f a system of Wla'ter""Wo:rlks lim Wayoross.

Referred to Committee on Corporations.

By Mr. Wight-

A bill Ito repeal an act to require Dougherty coUJllty to pay the officers of -c<Jourt the costs now allowed by law.

Referred to Committee on Special Judiciary.

A bill to create a Board of Oolllllllissioners of Roads and Revenues f<lll" !the oounty O'f Clarke.
Referred to Committee on Corporations.

454

JOURNAL OF THE SENATE.

By :Jir. Bowden-

A 'bill to repeal an a:ct establishing a Board of Comrn.issioners orr Roads and RmnEmues for the county of Ha:ber-
.'lham.

Referred to Committee on Corporations.

By :Jfr. VaughnA biH to amend section 3 of an act organizing a Board
of County Commissioners of Twiggs county.

Referred to Committee on Corporations.

By }fr. HendeTson of ColquittA bill rto chng'e the time of holding the fall term of Col-
quitt .superior court. Referred to Committee on General Judiciary. The following resollltion was read and adopted:

By 1Ir. Battle-
Resolved, that during the remainder of the session all Senate bills and resolutions passed shall be immediately tra.nsmtitted to ilhre House, unless there is notice to reconsider.

}fr. Golightly, Ohairrman of the Committee on Corporations, sUJbmitted the following report:

Mr. Presi.dent: The Oommittee have had under considerwtion the fol-
lowing House bills, which I am instructed to report back, with the recommendation that the same do pass, to wit:

TUESDAY, DECEl\fBER 7, 1897.

455

Rouse bill No. 660, to abolish the Board of Commi5,sioners of Roads and Rev'enues of }filler county.

House bill N.o. 776, to in:corpomte the town of St. ~farh.

House bill No. 730, to amend the charteT of the to>Vll of "Perry.

Also, the following House bill, which I am directed to :repo1,t back, with the recommendation that the same be r.ead t1le second time and reoommitted to Committoo on Corporations, to wit:

House bill X o. 807, to amend the charter of the t.own of Jesup.

Respectfu:Hy submittoo.

J. F. GOLIGHTLY, Chairman.

By }fr. Duncan of Lee-

A bill to alher and amend an wet estalblli.Sh'ing the oounty .COUJrbs of Doug1her'ty ramd Lee, and for other purposes.

Referred to Committee on General J udicia:r.y.

By l\ir. D1111can of Lee-

A bill to provide a better regulation in the co11ooting of taxes for road purposes in Lee county.

Referred to Committee on Pub1i'C Roads.

By l\rfr. Gowen-
'A bihl to pv<YVide fur paymen1t of jnrors' anrd bailii:ffs' mileage or the CO'Ullt.Y of Charlton.

456

JOUR~AL OF THE SENATE.

By ~Ir. Meldrim-

A bill itO extend for sanita.ry 'amd drainage purpose;; the jurisdiction of the commissioners of the county of Chatham.
Referred to Committee on General J umciary. By Mr. Hamby-

A bill to regulate the catc:hing or taking of fish in Tallubh river, and all its rtritbutaries.
Referred to Committee on Special Judiciary. By ~:fT. BoifeuiUet-

A bill to amend the charter of the city of :l\iacon.

Referred to Committee om. Corporations.

By :Mr. FelkeT--

A bill to refun.corporate the city of Winder, i!l the county of Walton.

Referred to Committee on Special Judiciary.

By Mr. MeJ.drim-

A bill to amend an act to enlarge the jurisdiction of the
city court oo Savannah.

Referred to CO'IIlmittee on General J ud:iJciary.

By :l\fr. Mozley-
A bill to amend an act estaiblishing a system of public schools in the town of Austell, in the county of Cobb.

TuESDAY, DECEMBER 7, 1897.

45T

Referred to Committee on Education.

By :Mr. Vaughn-

A bill to proiVide :f.orr !f:lhe compensation of th-e ordinaryof Twiggs county.

Referred to Commit.tee on Special J ~diciary.

By }{r. Boynton o Spalding-

A bill to aJbolish the city court of Spalding county.

Referred to Committee on Special Judi-ciary.

By M:r. Dicken;on-

A bill to change the time oi holding the superior court.sin the counties of Chatham and Clinch.

Referred to Committee on General Judiciary.

Also, the following H<Yuse resolutions were read first time:

By )fr. Whippl:r-

A resolution to refund the arrnounts of taxes received iby the .S'ta:te fvom D. B. Leonard, for the purohase of cer- tain lands i:n the oounty of Dooly.

Referred to Committee on Finance.

By l\fr. Calvin-

A resolution appointing a committee oi fifteen citizen~ to secure an ~hlbit of the products of the State at thG Trans-l\Essissippi and International Exposition, to be held!. in Omaha, Neb., in 1898.

458

JotJ:ltN.it OP' THE SENATE.

Referred to Com:i:Ili.ttee on State of the Republic.

1ir. W estmfdrelrttid, Chairman of the Engroii.'>ing Com-
mittee, submit~ed the :fatiowing reporl:

Mr. Preside1tt:

The EngrosSing Oortimi.ttee haV'e examined and direct
me to report as thiiy etigtossed and ready to be transmitted
to lt:he House, IJhe foitdwing Senate ibills, to wit:
A bill to mrte.nd f'he act Cl'eating the Boord of Commis-sioners oQf Ro~ds !i~.d. Re.venue:s oi.n the county of Thomas.
te Also, a bill io eriitled an act to repeal an act antitled
.an ac,t to incotpd:db~ the town ot Fai11bum.

Respectfui:fy si{bili1tted;
G. F. WESTMORELAND, Chai:rm.a.n. The Senate :tiettrred in House substitute to the follow-
ing Senate biii:

By ~!r. Comas-

A bill to oahattge the time of holdoi.ng Appling county
-superior court.

T~e oJ:lawiitg Hou.se bill was read third time, and tabled:

By

~!r.

I
Bowd.ati.-

A. bill to repeti ah ~t irroorpo<i'ati.ng the town of Clarks-
-ville, and to create "a new one for the same.

TuESDAY, DECElliBER 7, 1897.

459

By unanimous consent, the following Senate bill wa" read first time:
J:y ).Ir. Gray-

A bill to extend the corporate limits of the town o.f Fort Valley.

Referred to Comm-ittee on Corporations.

By unanimous consent, the follo~Vv-in:g Hou.se bills wer3 read serond time:

By :Jir. Cook of Ohruttahoochee-

A bill to amend the charter of the town of Cusseta, in Chattahoochee county.

Referred to Committee on Special Judiciary.

The f.ol!l!owing hill was reoommit!ted to Corporations Commitbee:

By :Jfr. Ni<iholas-

A bill to repeal section 8 of the acts of -the Genell"a1 Assembly of 1888, amending the charter of the town of Jesup.

'I'h~ :following (bill was read second time, and recommitted to Special J ndiciary Committee:

By :Jfr. RuthlerrBOTd-

A bill to amend an act creating a Board of CommiSS'ioners ..of public property and finance for the county of ~fonroe.

460

JOURNAL OF THE SENATE.

Bv 1Ir. Duncan of Houston-
A bill to auiJhlorize the mayor and town council of Perry to issue bonds to the amount of $5,000. By :Mr. ~fcLaughlin-
A bill to rn'corporate the town of St. Marks, in tlhe oounty of Meriwether.

By Mr. Rawlings of WashingtonA bill to crerute a Board of Oonrmissioners of Roa:ds and
Revenues for the county .of "\Vashington. By Mr. Henderson of Irwin-
A bill to fix the salary of Commissioners of Roads and Revenues for the count.y of Irwin. By Mr. Reid-
A bill to amend a:n 1act creating the city court in }lacon~ approved August 14th, 1885.
Also, the following resolution: By 3.fr. :Mansfield- -

A resolution for the relief of Nick King.

U nde:r regular Order of business, the following Senate bills were read second time:

By Mr. :Mann-

A bill to incorporate the .town of Reidsville, m the county of Tatnall.

TUESDAY, DECEllBER 7, 1897.

By :Jir. Walker-

A bill to define the duties and fix the compensation of the trerumrer of Richmond county.

By :Jir. CTOJighdy-
A bill to allow hotel keepers or proprietors of hotels ill the town 'Of Sal1t Springs, Georgia, to sell :o;r furnish wines, liquors and spirits to t-heir gu~ts only.

By :Jir. BattJe~ A resolutioo granting t.hle Atlanta, Knoxville and
Xorthern Railway Company ce'I1bain rights BJnd powell'S.

:Jir. Battl-e moved to adjourn, and upon the motion, call-ed for the ayes and nays, \\1hich call was su&t.ruined, and the ,ote was as follows:

Those '"o'ting in the affir'nlative were Messrs.-

.Allen,

Ham,

Thomson,

Battle,

Hopkins,

Witcher.

-Gray,

Stewart of the 27th,

Those voting :in the negative were Messrs.-

Atkinson, Brinson, Comas, Cook, Everett, Flynt,

Goldin, Golightly, Kemp, Mann, :McFarland, Redwine,

Sheffield, Turner, Walker of the 40th, Westmoreland, W'ilcox, Wooten.

Those not voting were Messrs.-

Blalock, 'Brooke, Carter, Castleberry, Culver, Dunwody,

Flewellen, Geiger, Hudson, Kilpatrick, Shropshire, Starr,

Stevens, Stewart of the 34th, Strother, Van Buren, Walker of the 18th, Mr. President.

Ayes 8. Nays 18.

462

JOURNAL OF THE SENATE.

The motion was lost.

IThe ~ollowing m~ was reooived f.rom the Ho~ through Mr. Hardin, 1fu.e Clerk thereof:

Jb. Presi-dent: The House has passed, by the requisite constitutional
majority, the following House bills:

A bill to estmblish a city court roT tlhe city of Caroolltoo.

A.lso, a bill to authorize the Commissioners of Road.s and Revenues of Glynn county to levy a special ta.'\: for pttblic schools of said county.

Also, a bill >to amend the charter of the town of St.ate.;horo, and to pl'Ovide for a dispensrury.

:Mr. Atkinson moved to read House bills third time, to be put upon their pasoage.

On the moti.'<>n, there was not a quorum voting. The chair ordered the roll-call for the purpose of finding if there was a quorum prSOOt; the foLlowing is the call:

Those voting in the affirmative were :Messrs.-

Allen, Atkinson, Battle, Brinson, Carter, Comas, Cook, Everett, Flynt, Goldin,

Golightly, Gray, Ham, Hopkins, Kemp, Mann, McFarland, Redwine, Sheffield,

l:\tevenFI, Stewart of the 27th, Turner, Walker of the 40th,
w estmorelaml,
Wilcox, Witcher, Wooten. Mr. President.

TUJJ:SDAY, DECEMBE~ 7, 1897.

463:

Those not voting were Messrs.-

Blalock. Brooke, Castleberry, Culver, Dunwody, Flewellen,

Gei~er,
Hudson, Kilpatrick,
Shropsbir~,
Starr,

Stewart of the 34th, Strother, Thomson, Van Buren, Walker of the 18th.

Ay8 28. Nays 0.

There was a quorum present.

:M:r. Batttle moved to 'lldjonrn. 'fhe motion W'as lost.

~frr. Atlcinson's motion was Cllij.-ied.

1\fr. Golightly, Chairman of t"Jte Committee on Corporations, submitted tilile f01llblwin~ ~pO'l't:
M1. President:
The Oonunibtoo on CorpornJio;ps halve had under con-
sideTation the following }lo~~ J:>Hl, whi-ch I am directed
to repm~t back, witih the recowJI).epdation that the same do pass, to wit:

House bill No. 76!), to ap.1en4 the charter of the town. of \Yoodbury..

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

The following House bills were read first time, to 'vit:

By ~rr. BennettA bill to antlwrize the Oommi:>sioner":'' of Hoacls and
Revl?'nnes of Glynn conii'ty to levy a speci-al ta.'r.

-464

JOURNAL OF THE SENATE.

Referred to Committe on Special Judiciary.

By Mr. Brannem.-

A bill t10 amend th~ charter of the town of Statesboro, Ga., and foil' other purposes.

Refer1ed to Committee on Tempe'I1ance.

By ~Iessrs. ~Ioore and Cole-

A bill to e.stablish a cit;Y cour.t in the city of Carrollton.

Re:ferred to Committee on General J udidary.

The following Senate bill was re.ad third time, to be pu~ upon its passage:

By ~Ir. Battle-

A b'ill to amend section 2388 of 'the Civil Oorle of 1895.

L'pon the passage of iiJhe bill the ayes were 23, nays 0.

The bill having rec,eived the requisite constitutional ma-jority, w.as passed.

By unanimous consent, Senator Atkinson withdrew Senate bill No. 65.

The following House bil1s were read third time, to b:~ put upon their passag1e.:

By ~fr. Jenkins-
A bi1l to establish and maintain a local public school sys~tem ju the 'County of Putnam.

V'pon the passage of the bill, the ayes were 24, nays 0.

TUESDAY, DECEMBER 7, 1897.

465

The bill having :received the requisite constitutional majority was passed, as amended, and the ameJHlment:; were as follows:

.Amend sootion 6 iby striking the figures "1897" from the 30th, 34th and 35th lins of said seiCtion, and inserting in lieu theroof the figures "1898."

Amendment No. 2:

Amend section 11 by striking the :first twenty-eight lines from said SeiCtron, and insentin'g in lieu thereof, the folloowulg words, to wit: Be it fUJ.'Ither enacted, That this aJct. shraH be submitted to an election for approval or disapproval by the qualified voters of Putnam county, residing without the corporat.e limits of the city o.f Eatonton, on any day
fixed by the ordinary of said county of Putnam, in com-
pliance with the recommendation of two successixe grand juries and a petition of :fifty free-holdea:s who re.side outside the limits of Ea:oonton; provided, tha.t fifty days' public notice of such election shall first be given in the newspaper in which sheriff's advertisements are published, and by posting sue'h notice a:t tJb.e courtJhouse door fur tlhle same length of time. The ordinary of Putnam county is hemby authorized and required to cause said election to be held throughO'Ut the said ~ounty of Putnam, outside the limit..;; of Eatonton, on the day fixed, as abo~e proYided fo.r, and cause the same to be held in the manner set forth in this act.. Those voters faYoring public schools and this act shall haw writt.cn or printed (?)
30s

466

JoURNAL OF THE SENATE.

The following House bill was read second time:

By ~Ir. ~Ic.LaughlinA bill to amend an act incorporatill'g the town of \Vood-
bury, in the county of ~Ieriwethe:r.

By untanimous oonsent, the fiollowing House bill was read third time, to be put upon its passage,:

By ~Ir. Thomas of ware-A bill to repeal tl1e county colmt of \Vrue county.

:Gpon the passage of the bill, the ayes were 23, nays 0.

The bill haYing recehed the requisite constitutional majority, was passed.

By unanimous consent, the following resolution was read first time:

By Mr. \Vilcox-
A resolution prO'viding that the State convicts be tumecl over to Senator \Yilcox, and by him carried tJo CUJba, there to enga:ge in the struggle for human liberty and the independence of the EWe.r faithful isle.

Referred to Committee on State O'f the Republic.

Leave of absence was gmnrtJed :Mr. Starr.

Also, Senator Battle from yesterday's ;:e&--ion.

Also, ~fr. Kilpatrick, on acc01mt of sicknes..~.

rpon motion O'f :Jir. Stenms, the Sooate adjourned unti~ to-morrow at 10 o'clock.

WEDNESDAY, DECE)fBER 8, 1897.

467

Serrate Chamber, Atlanrta, G<eorgia, \Vednesday, Dooemhe~r SiJh, 10 O'clock A. ~1:.

1The Senate melt pun.--su:an:t to aUjournmenit, and was called "ibo order by the PrSi:d>en't.
P1,ayer "'as offerld by tihe Chaplain.

Upon the c.alll of the roll !the foilowing members an:swen.,ed 'to thetirr names:

Allen,

Flynt,

Atkinson,

Geiger,

Battle,

Goldin,

Blalock,

Golightly,

:Brinson,

Gray,

Brooke,

Ham,

Carter,

Hopkins,

Castleberry,

Hudson,

Comas,

Kemp,

Cook,

Mann,

Culver,

McFarland,

Dunwody,

Redwine,,

Everett,

Sheffield,

Flewellen,

Shropshire,

Those absent were llfessrs.-

Kilpatrick,

Stewart of the 34th,

Starr, Stevens, Stewart of the 2ith, Strother, Thomson, Turner, Van Buren, walker of the 18th, Walker of the 40th, \Vestmoreland, Wilcox, \Vitcher, \Vooten. Mr. President.

The J ournJa.l of yest.mdiay w1as ~eiad rund approved.

The toHowing message 1\Vas rece:i.Vled Tr()IIll the Hollile tln'ongh J\Ir. Hardin, the Chk thereof:

Jfr. President:

The House 'has passed 't:he following biH'S by the requisi'te .eoustitu t;i:ollial maj mity:

468

JOURNAL OF THE SENATE.

A hill 1to estJalblish tili!e city CtO'llrft mf Griffin. ALso, a bill to amend the chlarter orf Fi'tzge;raM. Also, a bill to 'llJIIl.en!d 'l:!he charter or ;tJhe town otf Cl'ayton,. in Rabrm COIU.ll'ty .A.lso, a bill 'to estJalbliSh tJhe c~ty oourt. of Al'bany. .A.'lso, a bill ito amend the ohoail"lier orf Griffin.

Also, a .bill rto !amend the c'l:rart-eT of LaFayei!Jte, wwker county.
Also, a oillibo amend s~tion 583 tO the Oode orf 1895.
Also, 1a ibilillbo amend seobion 5057 -orf the Civil Code "01. 1895.
Also, a blll to change ~he name of the Georgia LunaJtic .Asyh1m.
Also, a hill to amend the charte'l. of Columbus.
:Atlso, a ;b,i.ll to amend an 1aJ0t to pro!tect game in fthis Strute..
Also, a vill1to pres0ri.!be 11fue mann1r of electing the clerk -and s'heriff of tlhe city courft of Sav.arnn'a!h.
wm. Also, a bill to amenld the ch13ll'f~er of the Germania
anld Banking Company.

Also, a :bill to amend the charter of Tifton, Ga.

Also, a hill to orewte a Board of Commissioners of Roadsa:n!d Revenues far Mlwion county.

Also, a rbill to esfla:bl-ish a city court for Camilla.

"WEDNESDAY, DECEMBER 8, 1897.

469

'llhe House hlas also adapted the following resolutiOlll, in -which thle concurrence of the SenlaltJe is asked:

A resolution to provide coonpemation fotr -tihe Pen1tenmi'RII'Y Ooonm.iltitee.

Al-so, a rooo'lution extending itJh:anks to Ron. Augustus DuPont, Georgia COiffi.milssion'er orf l!he TelllllSSle Centennial, for his able and dignified rapresenta'ti.ion of Georgia.

Also, a resolucion approp'l"i.a!ting $150 'tlo pay llihe ele-:v<atoT boy.

Also, a rffiOh.lti<?n 'app.oopriating $2,000 to pay the accou:nlts of eommHtees Ito visi-t the pen"i!tenltia:ry 'Of Goo:rgila.

Also, a :resolution membrial'izing Oong.rea;; 1lo pass a bill for ibhe free coinage of sil'Ver.

fl'he House has concul"l"ed in the :fioHoiWirug Senate amendments to tJhe follo"ving House billl, ~to wilt:

A 'bill I(;() :J."egllloate otfu.e ibusin'BSS of all deibenlture redemp-
tion companies, eoo.

.Amenldmen'ts Nos. 2, 3, 4, 5, 8, 9, 10, 11, and 12.

:Am!d refused rto coucur in rumenrd'Inemlt No. 1.

And has concurred in Nos. 6 and 7, witJh .an amendment in whil6h offu.~ tCJoncurrence of the SeooiiJe is ssked.

The House hlaS 'also passe'd rtbie foli'Owi111g Senalte bill by
the IJ:'Iequislte constitutionJal m!ajoii!ty:
A lbDllto eataJbligh a Boalrd of Dental Examiners for this Stwte.

470

JOURNAL OF THE SENATE.

The House has oalso passed the f{)lllOI\ving Sen'arf:e bill bythe requisite const~tmtiontal m'ajori'ty, as oam:enrd1d:

A bill to reveal an act appro>"ed. Febrll!ary 20tJh, ~egul1wt
ing IJhe lioon5e tfor vhe sale of spi.:tituol.ls liq11ors in Appling
COUillty.

f_Dhe Rouse !bias 1aloo conourred in 1lli.e following Sena.teresolution :

!A r-esolu'bi.on memorializing :OongT&s to refund ooibton tax oollected. in 1865, 1866, and 1867.
IMr. Ha'ttle, Ch'air'!D.IS.D. of the Speoia!l Commilltoo on 'V.
& A. Raalrood, swbmittteid 1Jhe followdng repoc.t:

Mr. Presiiknt:
.The Specia:l Oommfilttee on W. & A. RlaHroad hiaV'e hlad under conl9i.drro-ati.Qn the foHowing Senate :r.S6lultiion, which they mstnwt me oo report back to the Senate witlh the :reoommem!dlattion that the same do pass, Ito 'Wit:

A resolul!ion wt!horimn1g 1lhe .AJtlanlta, Knoxville and N orbhern Railway Company to aJcquiTe 10ert~ain mghts in and 'to the use lett ltJhe 'Velsl1ern lffild Atlan!tic Railroad in and near the city of J\f,ari;etta.

Respecllfully sulbmi'tted.
0. E. BATTLE, Ohaixm:an.

Y-r. Brinson, Clraill.W'an of ithe Enrolling Committee~ su1bmitted the following report:

WEDNESDAY, DECEliiBER 8, 1897.

471

~Yr. Pre8iilent:

'Jlhe EnTOlHng Oronmi'Uee lh1ave examined and diroot me to .ra_pont as duly enr'o'lled 'allU ready fO'J: the sigruatn.u'ElS of thre Pll"eei!den;t :and 8ecrelt'alry of the Soolat.e tlhe following !bills, rto wilt:

:An act 'to provide for t'he revivO!l" 'Of corpolr'ati'ons, and
for ot!h!er rpu:rposes.

Also, an iadt tlo Stlalblish a rc.ity CO!I.lrlt in Douglas, in Oo.fee collDity.

Rooopoobflully sulbmilbted.

<EDWARD L. BRINSON, Chair!man.

Mr. Battle, Oliairman of t!he General Judiciary Committee, suibmiltitErl the foll'dwing report:

Mr. Presiilent:.

The tGen"er.al Judi.cirury !Oommi'ttee have :had under oonmdevatioo tihe foll'owirng Sen!rute 1bill, -w~hiocih they instruct me to report baJck 'to ltihe Semtabe JWilth rtlhe recoonmendation that tlfue same do pass:

A bill to require iJhe jmtic.es of the peace, nobaries pulb-
lic, rrun.d ex-o:ffiocio justi'C5 of IIJhe pea.oe oo meelt at theh re-
spective CollDlty sit.es and :fix a day for holding their oourts.
. The oommi.rtlbee llrave also 1hiad under co:nSiderrution thie :foHoWiing House lbills, rwihich t:!hey in~ct me to repoot
lbalck to 'tihe Senate with t:!he rooommendatJion tlhrut ifue same do pass:

472

JOURNAL OF THE SENATE.

A bill to aJboliish the city court of Carroll county. Also, a 'bill to amend sootion 2350 orf :the Code of 1895. Also, ta bill to wth-(}rize a judicial sale of the franiahises of in\9olverl't pvivate corporations, and for other purposes.

ALso, a ibill :eo en:}aTge t!he ju:r:isdlidtion 'Of the ci:ty court of SaV'annaJn.
Also, a bill to extend for sanitary .and drairuage purposes the jurisdiction a tlhe 'Clommissionei'S of ChatJham county.

J\.ilso, a bill :f.or t~he payment (} jurors' and \bailiff;;' mil& age in the county of 0h'arl1Jon.

The Commilttee 'have a1so 'had tmder conl9idemtion ilhe :6oH'owing Honse bills, whic'h they ii:nstrnct me to repOilit 'back ~o the Sen'3Jte w:~fJh iflhe rooommen:d!ati'On fih]at t'he same do pass :as amended:

A bill to pr(}vide f.or e:xoamina!mQn for adlrn.iission to tlhe ibar O'f this State.

Also, a bill to egt1aJbl.i.sh a dUty ooulit in Caa"l"dllton, in the county of Oarroll.

'Dhe .committee have also haJd under conSideration <the following Sen/ate 1bills, wh~eh rtfuey instrulci me 'f:o repor't back to the Senate wi:eh 'tlhe reconrmendtati:on that t!h!e same do not pass:

A -bill maki:ntg i:t th:e dlnty of 'tlhe several gr;and j-uries of this Stiate to exaaniiJlle at lthe falil 1tel'll1'S of illre Superior Courts 1Jax re'turns of their eounty.

WEDNESDAY, DECE~iBF.R 8, 1897.

473

Also, a 'bill 1Jo ereate a Board of Tax Assessors for eadh <:ount.y in rthris Stia:te.

~A.lso, a ibill to de:fione lewdness, and to provide opunahm'en t. for same.

Also, a !bill tl:Jo PI'ohiJbrt 'the sale or offooing for sale any cigarettes or cigar:etlte paper.

Also, a bill to authorize OOUll'ty aunhoritie.;; tJo employ dettectivS in cemfain coases.

The oommi'ttoo rulso reeomrmenld tflrrut 'bhe followimg House bills do nat pass:

A bill to 1amend secbion 221 of voJ.ume 3 df the Code of 1895.

Also, a reso}ui!Jion p11ovk1ing :f:ior the furnishing 'by the State Ubrarian ce1'bain books 'to iJhe ordimury of :M:dnlosh county.

RespecMully su!brmitted.
C. E. BATTLE, Chairman.

Mr. Goligih!tly, Ohai'liDl'an oQI 'the Committee on OorpoTa!ti:ons, suibmi-tted t:he fcrJlow:img report:

.Jf1. President:

The .Oommitooe on Ool'parations hlave ih!aid under oonsidteraJtion the foUotw!jlllg Rouse lbillls, whieh I am d'iroot~ to report ibook wiltlh 'the :vooommendrubi:on thai 'illle same do
raSS, to wit:

.

474

JouRNAL oF THE SENATE.

House bill No. 815, to 'amend an aJCt llo repeal an act to oogamioo a Board 'Of Ooonmiasiouers of Roods and Revenues of 'llwiggs counlty.
House bill No. 729, ~o amend thie charter of Bl'airsviUe~

House 'llill No. 651, to .in'COI'pQII'alte the city Off or Tooooa.

Respedtfully sUJlJmoiouuad.

J. F. GOLl!GHTILY, Ohmrman.

Mr. Brinson, Olrniml'an or bhe EllX'OHing Oom.miffl:.ee, sulbmibted the follow.in1g l'eport:

jfr. Presi-dent:

I'Dhe Oommittee on Enr'o:Umlent have exmuinoo -and diroot me to repollt a.s duly emolled amd ready f'OO.' :the signatures d the President ISJilid Secretary 10f '1Jh:e Sen1a:te 'tfue foUO'W'ing !bills, to wit~

A b'ill to a!boli&h 'the ci'ty court of !CofFee county.

Also, a bil.l to a1bolish the charteT of the town of Lyon::;, in Tattnlall cmmty, and to esllalblish a -new one for same, anid for othte:r purposes.

R~tfully sulbm.i'IJted.

EDWARD L. BRINSON, Ohrui.Tmam.

].fr. Tume:r, Ohruirman .of tlhe OO!Ilrmiltlbee on Pcivilleges amrl Electi'Ons, rubmi'llted !the following reopO!."t:

Mr. Presidewt: ;your oam.mitbee 1mve had under considera!tion the fol-

WEDNESDAY, DECEMBER 8, 1897.

475-

lowing Senate bill, vh:ic:h they instrucJt me to repoQt iback ,"\"]th lfJhe Tec'ommen:daltion 1fulat ltihe same do pass lhy substitute, to wit:
A bill to he en'ti'tled an a:ct to provide a new SJISbem of registrttltian of lthe vosters orf this Stiat.e, and fm other purposes.
Respe0t:fully suhmitltoo.
W. W. TURNER, Ohairman.
Mr. FleweUen, !Chairman orf the joint committee on theprurt of the Senrute to look into !the ta.'i: laws of tJhe Sua'i:Je, etc., submi<t:bed the rfoVlowing report:
Mr. President:
The special cornmi'ttee 'appoinlued ~o rook inlto the tlax laJws oof tihe Strube, etc., lhiar"e had under consid.era'tion 'the :following Sen'rute ibill, whic:h they instruct me 1to ;reportback w~uh the recommendla!tion 'llha!t the same do not pruss, to wit:
A bill to he enlbi'tled an aet to prorvide orr rtlhe making orfta.'i: retrums for aH imp1,oved real es~abe, anid maEng all money ini\rb"1!ed in li;fe insurance l~alJjJ..e to tta..'i:'rution.

Respectfully submitted. FLEWELLEN, 011'airman.

:Mr. HM!tle, Ohruirmlan of lthe Steering Committee, ap-pointed iby ll"esolutioo, submrirbted the following report:

Thle .Steering Oommitttee 'beg leave t'o submit the follow-

476

JoURNAL OF THE SENATE.

ing as the order of business f(}r this day, December 8th, 1897:

1. Se'nla!te bills f(}r third reading.

2. Senate hills for secoiJia reading.

3. :Sen.a1te i))i1ls on t'.aJble t(} b:e taken. up if desired by .author.

4. Hou.'<. \e tbills adversely reported.

5. House res(}luti'(}ns for :third reading.

-6. Rm1se ibiHs read 1Jhird time ta:nd ta:bled.

1. House g-en:ei'al bills f(}r lbhi11d l'aalding.

.8. House local and geneml bills f(}r second oreading.

9. Horuse looail ,amd general bills foc uhlird oraading.

10. Sell!Blte b~lls and res(}lu:ti:orus for in\Structi'on aJt <!lllY -i.vime, anod sudh .ather SentaJte matiters as may M"ise no !be in .order at all times o(}ll m:otion.

RespetC'bfully submi:trted.

C. E. BATTLE, Ohairm:an.

The f.oUo"ving message ''~as reoeiv.ed from the House ' throrugh )fT. H:arrdiin, the Clerk t!hereoo:f:

.Mt. President:
Tihe HoU'se has passed 'the fol1or;ving biH of the Rouse by :the reqlllisite oonliltitutioiJJal majority, to wit:

'VEDNESDAY, DECEl\IBER 8, 1897.

477"

A bill to incorporate tilie town of Birmingham, in the ccmnty of Milton, and for other purposes.

lfr. \Y.ooten, Qhlaii"illan protem. -of the Engrossing Committee, made the fo1l01\"..jng report:
Mr. Pre8ident:

il"he Commil:ll:ee 001 Engrossing 'have exrunimed and found duly eng:rOi:aed laDJd ready to be tiransmi'tt-ed to tlhe House the fQillow~ng Se'll~ate tbills, to ~VIi>f:.:

A bill to amend sOOti.on 2388 of ,fue Civil Code, reguloa'ting the busin'88 of BuiM-ing and Loan ~ociations.

Also, a 'bill to :vequire .all guarantee tand surelty oompa-
rnes to depos:ilt certfatin 'hoods with thte State Treasurer.
R-espectfu]tly sulbmilbt:ed.

JOHN A. WOOTE~, 15th Distri-ct, OhtairmJan ptro tern.

Mr. Oulver, Oh!aiil"'ll18n of t-he Committee on State 01 Republic, St1bmi1tteld thte follo-wing report:

M1. Pre4Sident:
The Committee 1on State of Republic h~uve had undeTr:onsideration Sen~ate resoh1tion No. 43, in relatiO'll to the use of the oonvic'ts of the State, providing that thiey he odelive<red 'to Sena:too \Yilcox to 'be used in fighting for Cuban freedom on Cn~)'an soil. While uhe -comm'ittee has the gretateB!t confidence in tthe patriotic and liberty-loving sen'time111ts o.f Semutor \Y.ilc-ox, and firmly believes in his wru-mest desire to ai'd <the Ouhlan c>ause, yet tiJ.re commi'lltee

-478

JOURNAL OF THE SENATE.

is of the opinion 1thart the convicts C'll!ll be used to bei:belr ad'"a;Illtage !in 11fuiis ISI:Iate, as a prorlific souree rdf d.iooord and atrgurme:rut, as well as 1being kept a:t hru'd la!b'or. The c-ormmititee tihie-vafore rooo.mmenrds 'that the reoolultion do not pass.
Respootifully swblm~tlted.

JNO. L. CULVER, Chairmlan.

Under the regular order os lbusinoess tbhe following Senate
hills were rea~d 'Uhilu timle Ito be put upon their patSSage:

By Mr. W ootem-
A bill to provide for a n;mv regisrtmtion iliaw of vobers in
!lfu.!is &ta:re.

Upon the ~e of lthebill the aye.s were 19, ways 14.

The bill, not .ha\ni.ng cr:'ooeived the requisi'te ooUS<titutionlal maj.or'ity, was lost.

By Mr. Goligh'tly-
A bill oo allO'W the pr'orprietO'l"S of the hdtel at Salt Springs
to sell liquors, wines, and other intoxicating spirits to their ,gue-:."113 only.

Upon ljfue passage of the bill Mr. Grtty <:Jalled for the ayes and nays, .whicih call '>vias sustainted.

.Upon motion of 11r. Hopkins, the bill wa:s taibled.
By )fr. Walk""el of lSttfu. district-

A_ bi'H .to fL-.. 'the eomrpensa!tion Olf t!he 'trerasmer of Rich-
mond oounty.

WEDNE!;DAY, DECEMBER 8, 1897.

479

Upon the passage of the ibill 'bhe IS.yes were 26, n'ays 0.

The bill, h1a:vh1g receiYed rtJhe requisilte oonstrtutional ma-
jority, '\Vas pasSed.

By 2\fr. Ml8.lln-

A bill to incol1)0'r'aJte 1t'he 1town of Rardsville) m '!the county of Tatnlall.

Upon the passage of iili.e tbill.tih.e ayes '>Veil"e 26, ill:ays 0.

The rbill, !haV'ing received the requoll9ite oeonstitultian,al majori,ty, w-as passed as amended.

The amendments we11e as foll'O!WS:

1. By insmiting 1rufter the word ''the" in the fifth loine, ~md before the word "oomit" in the six'bh line, in section 2, the words "center of 1the."

2. Amend sootion 7 '01 sa~d iJ:xill by inserting the lW'ords "in criminal matters" bebween the words "p1eace" and "an!d" in the third line of said sootio:n..

3. Amend sectiDn 9 of said billby striking all 'ifue woros of said se'C'dion :aftJer otfu:e rword "stroot" in the fifteenth line of said sectioo.

By :Mr. Hrutitle-
A resolution g"l"S:J:IIting the Artl'an!tic, Knoxville and NDrtthe'I'n RailW'ay certain powers on rthe \V. & A. Rlailroad near Mlarietta.

Upon 'the passage of !the l.'eiDlulti.on tJhe ~S.yes were 29,
nays 0.

480

JouRNAL OF THE SENATE.

The resolwtion, 1harvring ll'eceived the requisite constt:iJtutiona:l majority, was passed.

By un'animous oonsent, Sen1ate bil:ls Nos. 105, 148, 145, 101, and 143 were Wlitihidb."a!Wn iJ:>y aU'llh'Qirs of the same.
Under regnb.r order 11:1he following Senate 1bills were read second .tJime, adversely reported .from oommitbee.

By J.fr. J.IcFarland-

A bill to prohi'b:iJt >tlhe sale oc offering fOil' sale any dgarettes or -cigarette 'Prupelr in this Sbafte.
was The report of the oommrttee W1llS agrood to and hill
lost.

By Mr. Wilcox-
A l'esolution rellaiti.ve to t.he ooovicts being oarr~ed to Cuba.

Re'Port of comruattee vV'as agreed to and resolut:lion was lost.

T!b.e foUowing Senate hills were l'ead seoond time:

By J.fr. Mann-
A bill to req11ire justices o[ the peace an!d no't!Vries public 1to meet at the county sitJes of their :respec<tive ooun:ties to :fix vhe time of holding their oourts.

Upon mQiion of Mr. Oarter, .Che follmvoing Senlate bill wa-:; takoo from the tJaible, -..vlhich had adverse r"Port from the commititee:

WEDNESDAY, DECEl\IBER ~. 1897.

481

By Mr. Carter-

A bill to require ordiriaries to ll!a!Ille election m:anlllgea"!i and derks a!t t:h.e vQibing precill'Cits of 'this State.

:Jfr. Cavter o:ff~ed ithe foU01wing aJmendments:

FiT'S't ~mendment: Amend lby stci1..1i.'ll!g from said bill sootionts 6 ,anJd 7, rand inseT'ting in lieu lflhel'eof the follawi.'ng a~ sootion 6 :

"Any ordimry in said Stla!te ~vhio 'S'hiall fail or reiuse to comply wrth th.js act, and any mamager or clerk apP'oi.D'ted under th~ provtisions of this aot who shall :f:1ail or .refuse to serve, unl1SS from prov:iden'tioa.l oause, sh!a:ll 1be guiloty of a mio--demean'or.''

:Mr. Oarioer moYed to oo!ll the ayes and nays upoo ifue llmeD!dment o:fferoo by 'himseH, 1v'hich caH '\\"aS sustained. 'l'h'e vote was as follmvs:

Those V'Oting in the affirmative were Messrs.-

.Atkinson,

Comas,

Kemp,

_Brooke,

Flynt,

Walker of the 18th

-Carter,-

Goldin,

Wilcox.

Castleberry,

'Dhose voting in the negative were Messrs.-

Battle,

Golightly,

Stewart of the 27th,

Blalock,

Gray,

Stewart of the 34th,

Brinson,

Ham,

Turner,

-Cook,

Hudson,

Van Buren,

-Culver,

Mann,

Walker of the -\lOth,

Dunwody,

McFarland,

'Vestmoreland,

Everett,

Redwine,

Witcher,

Flewellen,

Starr,

Wooten.

Geiger,

Sls

482

JouR~AL OF THE SENATE.

Those not voting were Messrs.-

Allen, Hopkins, Kilpatrick,

Sheffield, Shropshire, Stevens,

Strother, Thomson, 1\:Ir. President.

Ayes 10. Nays 25.

The amendmen:t, :no!t haYing_ received the requisite .con sti<tntional majority, was lost.

Mr. Oar'ter m'oved !to :veoonsid-eor tq1e vote just :takem; wh!ich motioo was lOS't.

Upon agreeing to 1the report olf the committee, Mr. Oaxter oalled for th.e ayes .and nays, w1hiclh. -call was sustained: and the vote was .as follows:

'Dho.se V'Oting in '!Jhe affirmative were Messrs.-

Atkinson, Battle, Brinson, Comas, Cook, Culver, Dunwody, Everett, Flewellen, GeijZer.

Golightly, Ham, Hudson, 1.\<Iann, McFarland, Redwine, Sheffield, Shropshire, Starr, Stewart of the 27th,

Stewart of the 34th. Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th. 'Vestmoreland, Wilcox. Witcher, Wooten.

Those voting in the negative were Messrs.-

Allen, Brooke, Carter, Castleberry,

Flynt, Goldin, Hopkins,

Kemp, Stevens, Strother.

WEDKESDAY, DECE~IBER 8, 189'7.

483

Th'OSe n'<Jit voting were Messrs.-

Blalock, Gray,

Kilpatrick,

Mr. President.

Ayes 30. Nays 10.

Report Qf -commi't;tee was agreed 'tO.

Upon otlh.e passage of ~he hill C.UT. Oarter called for the ayes anld nJays, '\V'h~cJh call was susta~ned, and tlh:e vote )V'a& as follows:

Those vooing in the a.:ffirma:tire were Messrs.-

Allen, Brooke, Carter,

Castleberry, Flynt, Goldin,

Kemp, Strother,

Thooe voting in the negative were Messrs.-

Atkinson, Battle, Brinson, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Geiger, Golightly,

Gray, Ham, Hopkins, Hudson, Mann, McFarland, Redwine, Sheffield, Htarr, Stevens, Stewart of the 27th,

Stewart of the 34th, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, Wilcox, Witcher. Wooten.

Those not vO'ting were Messrs.-

Blalock, Kilpatrick,

Shropshire,

Mr. President.

1Ayes 8. Nays 32.

'l\he bill, not 'having received lthe requisite coi!Bt:ltubiomtl majority, was lost.

484

JOURNAL OF THE ~ENATE.

By unanimous consent, rthe following Senrrute bill was taken from the tlalble and ~read t.hird otime, witlh adV'eT'Se re-
port from commilttee.

By Mr. Oar.ter-

A bill to raHow certain officers 'to carry cone~ealed rweapo'DS i.mder cert!alin -cironmstanoes.

t'"pon ragreeing to :report of oommrttee :Mx. Oarter cahled
for otthe ayes and nays, which !(>,all was sustlained, an:d the vdiJe was !B.S follows:

'Dhose V'Oting in tfue affirmative were Messrs.-

Atkinson, Battle, Cook, Culver, Dunwody, Geiger, . Golightly, Gray,

Ham, Hopkins, Hudson, Mann, McFarland, Redwine, Sheffield, Starr,

Stevens, Stewart of the 34th, Turner, Van Buren, Walker of the l 8th, Walker of the 40th, Westmoreland, Witcher.

'Dh-ose voting in the negative were Messrs.-

Blalock, Brooke, Ca1ter, Castleberry, Comas,

Everett, Flynt, Goldin, Kemp, Shropshire,

Stewart of the 2ith, Strother, Thomson, Wilcox, Wooten.

Those not voting were Messrs.-

Allen, Brinson,

Flewellen, Kilpatrick,

Mr. President.

Ayes 24. Nays 15.

Thre repO'l't of the ooiii111ittee woas agreed to.

WEDNESDAY, DECEMBER 8, 1897.

48l)

Upon iihe passage ohhe lbill the ayes were 14, nays 2'1.

The bill, n<Yt hlaving received rtihe requisite constrtu'ti:on!al majority, Wlas loot.

By rmani!mous eonsent, .the rfol1owing Seruatte 'biH was ta.1.~n frD'Ill tJhe talble, wh~ch had adverse repor.t from commitltee, :and had 'been rerud thria.'d itime:
By :nr. Oarter-

A bill to amend section 863 of rtlhe Code of 1895.
Upon agreeing ~to the repOT't or the C()lffimitbee Mr. Oarter ealled for the 'ayes :and nays, which call w:as sum.ained, and the vo'te WJas 'as follows:

T'hoae voting in the affirmative were Messrs.-

Battle, Brinson,

Mann, Red wine,

Walker of the 40th, Westmoreland,

Comas, Culver, Hopkins,

Sheffield, Starr, Walker of the 18th,

Wilcox, Witcher, wooten.

'.Dhose voting in 'tlhe negative were Messrs.-

Allen, Atkinson,

Flewellen, Flynt,

McFarland, Shropshire,

Blalock,

Geiger,

Stevens,

Brooke, Carter, Castleberry, Cook, Dunwody,

Goldin, Golightly, Gray, Hudson, Kemp,

Stewart of the 27th, Stewart of the R4th, Strother, 'fhomson, Turner,

Everett,

'Dhoee nlot voting were ].fessrs.-

Ham, Kilpatrick,

Van Buren,

:Mr. President.

Ayres 15. Nays 25.

486

JOURNAL OF THE SENATE.

The reportt of 't!h!e com.miittee was disagreed to.

1Jpon motion a )fr. Ba!btle, the session was indefinitely postpooed.

l:pon the pas..-~age of tlre hill Mr. Ba!ttle called for the uyes and n'ays, w'hicoh ooU \\,as sus!Jained, and the vm.e w.as as follows:

Those mting in the affirmative were M-ess:rs.-

Allen, . Atkinson, Blalock, Brooke, Carter, Castleberry, Dunwody, Everett,

Flewellen, Flynt, Geiger, Goldin, Golightly, Gray, Hudson, Kemp,

McFarland, Sliropshire, Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner.

Tlhose V'O'ting in the noegaotive were Messrs.-

Battle, Brinson, Comas, Cook, Culver, Hopkins,

Mann, Redwine, Sheffield, Starr, Walker of the 18th,

Walker of the 40th, \Vestmoreland, 'Wilcox, Witcher. Wooten.

'Those nO't votintg were ~{ess:rs.-

Ham, Kilpatrick,

Van Buren,

l\Ir. President.

Ayes 24. Nays 16.

The bill, having received the Tequisilte eonsbitutional majority, was pa.'$ed as amended.

The .amendments were rus rollows:
.Amend -caption by ~nserting oa.fber the wortds "863 o" in the seccmd line 'tlhe words "vol1l!llle 3 o.f."

WEDNESDAY, DECEMBER 8, 1897.

487

Also, am'end ehe ooption :by insarlting 'a:fller vhe wO'l"d "''sec~tion" in the fifth line 'the words "may in hls. discretion," and illS1l"ting in olioo '!~hereof ;JJhe rwmxl "~hall."

Amend s~ctil()n 1 by inse1'ting after th~ numtber "863" in the first line the words ''af volume 3."

Also, iby inserting aft.er tthe rwo:nd "ghiall" in the tenth line -of section 1 ~e foll01wing: "When as many as six talesmen are needed," and the same 'W'OloOs taf'ter the word "shall" in tfu.e uwen'ty..fourtJh line Off same soobion.

Jr. Battle gave nootioe tJhoatt he would mo;ve to rooonsider
the vote just taken.

By unlanrimous oonS'errt, 'llhe foHowing Senate niH was taken from ilhe ta!ble, w:htioh had heen lt"aad third time:

By ::\fr. Turner-

A 'bill :to amen1d section 1039 Off volume 3 of the Code, rela~t.ive to the working of conrvi:C'Ils in this Stla:te.

U'Pon the }Jassage af the bill }:fr. Turner c:a:lled forr the .ay-es and nays, whidh C'a'll was sustiained, .and rthe vote was as follows:

'Dhooe vooting in the affirmative were Messrs.-

"Brinson, Brooke, Uarter, Comas, Everett, Flewellen, Flynt,

Goldin, Golightly, Kemp, McFarland, Redwine, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner,

488

JOURNAL OF THE SENATE.

'!'hose voting in the negative were Messrs.-

Atkinson, Battle, Blalock, Castleberry, Culver. Dunwody, Geiger,

Ham, Hopkins, Hudson, Mann, Sheffielrl, Van Buren,

Walker of the 18thr Walker of the 40th. Westmoreland, Wilcox, Witcher, Wooten.

Those not voting were Messrs.-

Allen, Cook,

Gray, Kilpatrick,

Shropshire, Mr. President.

Ayes 19. Nays 19.

The ibill, n'Ot thiaving recei'\"00 -the requisite CO'llstituti.onai maj-ority, was lost.

['he motion of !1:r. Bel'llller, that '\vlhen the .Senate ad~
. journs it will r~onven:e at 4 o'olook p. m., wru; carried. By un'ainimous OODS'e'Illt, 'the f.olld\vin.g Senate ibi]ls were
read firrstt 'titme:

By Mr. Geiger-

A bill to mlake ilhe eastern judicial cireuiJt of Georgi-~t composed of Ohatfu.atn, 8.I!Jd lbo create a new jud~c~all circuit,. and for -dbher purtpo'SeS.

Referred to Gen.teml Judid'lll"J' Committee.

By J\fr. Gmy-

A lbill to suspend the payment of pensions to perso~~.& confined in tire Lun~Cti'c Asylum.

.WEDNESDAY DECEMBER ~' 1897.

489

By :Mr. Goldin-

A lbill to make it un}aw::ful to expend or ruse money or other 1Jhing of value tto secU!l'e election.

Referred to Ommn.:i~b'tee on Privileges an1d Etlections.

The :following resolu:tioo Wlas l'ead and adoptoo:

By 1\fr. BatJtJle-

A resolution provi1ding thlat no move le-aves of absence begTallJted unl.ess for providential causes.

The following Senll!te bill 1V1as l'ead first time:

By 1\:'l:r: Oarber-

A bill Ito voot .in th'e voters orf this Stia:te ar murcicipality or c-ounty the right 1to pvopose certlain stJa:tUJtes, and for oth'1' purposes.

Referred to Goo'e11al Judiciary Oommittoo.

The House amend'll1errts to the follmving Sen<ate bills were con1c;urve:d in, Ito wit:

By ~fr. Ca:mlas-
A 1bill regul,atJi.ng 1t!he sale of ill'toxj.eruting liquors in the couruty of Appling.

House rumJem:lrrnenis wre as follows:

-By addi:n:g :a nm:v sec~on, IJJo 'be numbered 10, which is
as follows: "This a:ct in no way to interfere mth general

490

JOUHNAJ, OF THE SENATE.

raw of ,t:his St!aite in regard to the sale of domestic wines, -antd secotion 10 be made sootJ.ion 11."

Upon matron o:f :Mr. Redwine, rtJhe Senate ta:djourned 1mt>il 4 o'clO<'k p. m. this day.

Seruate Chamber, kt}ant.a, Georgia, 'Vednesd~ay, Dooember 8t'h, 4 O'clock P. 1L
'.Dhe Sen!ll:te melt pursu!llll!t to adjow:nment, .and was c:a.Ued to order by t!he Preiident.
T.Tpon mo:ti'on of 1Ir. ktkinsO'Il, !Jhe Toll-call was dis-
pensed wil:!h.
l\Ir. Ba.utle, Chairnmn. of the General Jndiciary Comruittee, wbmittRd tthe ToUoW'in~ report:
Mr. President:
'Tlhte Gen'eral Jl1didary Oommi~tee have had under considerrution rflhe fo()lllowing .bills, IW'hieh they insbruot me to re-
pmt 'back rto the Senla!te wrth -tfhe recommendation uh~at same lbe rea!d second lfii:Jnte and 'l'lecommittJed, to wH:
A lbi:H rto regulate tJhe pr'alatice in the Superior Court.
'Also, a bm to regulaJte tfue paymenrt o<f fees to attorneys
and receivers in 100rbain -cases.
Also, a b:illto aJholish 1ihe coun!ty CO'llrt of Dougherty.
Also, a bill to amend and alter an aot e.stablisJhing coup.ty
~ou;rt of Lee.

\VEDXESDAY, DECE~JBER 8, 1897.

491

Also, 'a billto change 'the ttime of holding Superior Co1,1Tt <>f Colquitt county.

Also, a hill to change the time of <holding Pike Superior Court.

Respectfully snbmitiood.

C. E. BATTLE, Chairman.

U nrder regullllr order t.he faUowinJg House hill" were read nrS't time:
By ~fr. Copeland-

A 1bill to amend the Qh'arber of \the town of LaFayette, in the ronnt.y <>f "\Yalker.

Referred t.o Commi:IJtee on Educatbion.

By 1lr. \VigM-
A hill to esiJalblrsh the -city oe'.owr't of Allbany, in it'he eonruty <>f Doughmt.,y.
Referred to O~mmitooe on Speci1al J udicia;ry.

I3y :Mr. }[ozley-
A hill to estatblish a city court in Oamil:~, ion 1lhe county of }[1/tchell.

Referred t:o Comm~ttee em Spooiial Judiciary.

By ~\fr. Hentclerson-

A bi'lltto 1an1tenod t1:1he charter of the city of Fitzgerald. in the county of Irwin.

492

JOURNAL OF THE SENATE.

Referred to Oornmrtlllee on Oo11porations.

By J.fr. Little-

A bill to amend IJhe c'ha:rter d:f the city of Columbus.

Referred to Ooonmi'ubee on Oo11poraJtions.

By l\Ir. Boynton-

A blll to amend 'uh;e ~hrurt.er af th.e dty of Griffin, in Spalding COU'Il'ty.

Referred to Ooonmi'bbee on OorporaJtions.

By ::\fr. Niloes-

A bill to change the name <Yf th'e Georgia Lun!Sitic .:\.sylum.

Refierred to Ooonmii:too on Lun!atic Asylum.

By :Mr. Hamlby-

A bill to amend the C'ha:rter of the town of Qliaytton, in Roabun county.

RefeNed to Oo:rrmniltlbee on 1QQ;rporatio:U:S.

By 1fr. EdgeA billto Cooa'te 'a Board of Oomm!issi'oners of Roads and
Reven'll'es for the ooun!ty of M:Mi.on.

Reerrecl to Oommitte'e on Spedal Judi:cirary.

By 1Ir. .SimpsonA bi~l to incorpombe the 1bown of Brrmingh'am, in the
caunty of llfilton.

\VED!\ESDAY, DECEMBER 8, 1897.

493

Referred Ito Com'lni'ttee on Corporru!Jions.

By :i\Ir. :i\IctCiianie-

A b'ill to amend 'tfu:e dmrter 'Of the :t;own of Tifton, Ga.

R:efemed to Conmnit:!tee on Oorlpora!tJions.

The following resolution was l'ead a:nJd adopted:

By :i\Ir. Ed"v11rcls-

A resolll'tion ex:oon!din'g thaniks to Ron. Augustus DuPont, Gemgia c'mnmissioner 1a1t 1tfue TenneSi!ee Centennial.

A bill to amend seC'tion 583 of volume 1 df the Code o Georgia.
Referred to Committee on Pu'hlic R01ads. By ~IT. Felder-
A lbill fo !flmood 'the chlrurter of the Germani'a Loan and Baniking Company, in Atlanta, Ga.
Referred to Committee on Banks. By :i\:IT. :Meldrim-
A bill to 1wescr.ilbe the manner of electing olerk of the city court of Sa,'ammih.
Referred to CanJI:Jniet.ee on Co:vpom1tions.
By 1.1r. Cihlar'tersA 1bill to amend seeti'on 5057 of '1:Jhe .Oivl_il Code of 1895.

494

JOUR~AL OF THE SENATE.

Referred to Committ.ee on General J udicrary.

By )fr. Hemderson-
A bill to protect game in this Sbate, and for other purpore>.

Referred to Commibtee 'Olll. Geneml J udici:ary.

By )for. Boynton-
A bill to esta!b1ish a city coftll"t m Griffin, Spalding county.

Referred to Oommitltee on Genmal Judiciary.

By ~fr. Slaton-
A 1esolution to appropriate oom.pensation fO'r the Peniterutia:ry Co'1m11it'bee.

'Refen-ecl to Committee on Finance.

By Mr. Hall-
A :resolut.ion appropriating $2,000.00, Oil' so mu'Ch the;reof as may be necessary, to pay the accoom'ts of the C'ommitt:Je.e .to vh:lit. the penitewtiary.

Referred to CO'IDmi'btee on Finance.

By )i:r. )fcGehee-
A 1esolut.ion mem:orializing Congress to enact a larw for the free and unlimited coinage of silYlr.

Referred to Committee on St~re o'f the Repwb1ic.

"WEDNESDAY, DECEliiBER 8, 18~7.

495

By ~ir. Li-ttle-

A ~esohrtibn tbo 'aJJ'Propri1ate the sum of $150.00 to paythe elawl!tor iboy.

.RefmTed rto Committee <Yll Finance.

By unanimous consent, the following House biHs were ~
read second time:

I~y :\fr. Gowen-

A bill 'to pay jurors and bailiffs mileage in the county of Charlton.

By ~f.r. :MeJdrim-

A bill to extend the sani'tlary jurisd~c!Lion for the cou:n:ty of Ch~1tham.

By :\fr. Vaughn-

A bill to amend seckion 3, organizing a Board of Oomsioners of Roiads and Revenrnes in the county of Twigg:!.

By ~iessrs. ::\fooll'e and Cole--

A bill to albolish ilhe eity court of Oarroll county.

By ?.Ir. little--

A bill to amemd section 2350 of t!he Code of 1895.

'Jlhe following bills were read second time and recommitted 'to Comm~btee on Gene11al Judiciary.

By ~Ir. Thomason-

A 1bil1 to regulate the practice in the Superior Courf:o_

-496

JOURNAL OF THE ~l!l.NA'f.K.

By 11r. Berner-

A bi~l1Jo regrul'aJte the payment of fees to attorneys and reoeivers in <ele:t'ba.in (~aseil.

By Mr. Wight-

A IDill to 13Jooli9h the -ooun~ty ~o1l'l."t of Daugherty county.

By :Mr. Duncan-

A bill 'to amend and altter an oot esba.'blishing 'the county
court of Le OOU'Il!ty.

By :Mr. Henderson-

A lbill to ohange the time of lhlolding Superior Collll't of .OOlquivt oountty.

"By Mr. Redding-

A 1bill 'to dh'a.nge the time otf holding Pike Superior Oourlt.

The following House bins were reaJd second time:

By :M:r. Littl-e-

A bi'H t'o 'aU'~hoTi?.Je a judicial !llale of the purchases of insolven't priV'.ate corpor.a:bions.

"Bv 1fr. Slaoton" A bill to provide for the eXJaminrution for admission to
-the bar.

-:By Ur. }feldtr.im-

A 1b1ll to 'Illa.rge the jurisdiction of the city court O'f :Savannah.

THrRSDAY, DECEMBER 9, 1897.

497

By :Messrs. }[oore 'lind Cole--

A bill1to eBtwblish the dty court of OMTOllton, in Carroll county.

Upon motion of )fr. Gray, 'bhe Senate tadjourned until to-morrow 3:t 9 o'clock.

S:ell'at-e Chamber, Atlanta, Georgia, Thur:>c1ay, De<!ernlbeT 9;tih, 9 O'clock A. 1L
Th Sen'ate met pursuant to adjourrnmentt, and was called to order -by the Presiden!t.
P:ray;er was offerd iby the Choruplain. "Cpon motion of )fr. Whlker of the 18th, the roll-call was dispensed with.
T.he J ourrnal of yesterday was read and approV'ed.
)fr. Red'lvine moved to re~onsider tili.e tfollawing Senate bill: which was lost Qll yesterday, wlh:ich .jg by
By }[r. WootenA bill provoiding; for a 'llew regist11ation lruw f-<>'l' 'bh:i.s State.
The mdtion was cm.'l-ied.
)fr. walker of t!he lSoth moved t'o reconsider tJhe aotion of tthe Senate on yesterday, whic'h. was axloplting the following resolut.ion:

498

Juut:XAL OF THE SEXATE.

B:r J.fr. Ba:ttle-

Resolved, Tlhat no more lea,~ea of absence be granted unless for providen'tial caU3es.

Upon the reconsrdera.tion ).fr. Battle called for the ayes and nays, whieh call was su.iltained, and the YOtP wa:;; as follOlWS:

Those '"oting m the affirmati,~e were ).[c-ssr5.-

Allen, Atkinson, Blalock, Brooke,
Coma~,
Dunwody. Everett, Flewellen,

Fl.vnt, Geiger, Goldin, Hudtion, Kewp, ::\IcFarlanct, Redwinf', i::iheffieltl,

Shropshire, Stewart of the :?7!1L f.:trother, Yan Buren, W:tlker of the I~. h. Wilcox, Witcher. \Ynott>Jl.

Tho~ voting in the negatiYe were ).lessr.:;;.-

Battle, Carter, Cabtie berry, Cook,

Goli><htly, Gray, Ham,
Hopkin~,

Starr,
Turner, \\' alker of tl1e ~Utl.

Those not voting were ).fe55rs.-

Brinson, Culver, Kilpatrick,

Mann,
Steven~,
Stewart of the 34th,

Thomwn, \Vestmorelan<l, l\lr. President.

Aye" 24. Nays 11.

The. motion wa:s carried.

'I'he resC!lution ,,.l1i:ch ""as just recommended "-as amen'ded ras follows:

Amend by adding afte~ tlle word;; "proYiclential causes"

THURS.OAY, DECE~IBER 9, 1897.

499

('or a~c;count of important business when it is absolutely necea~ry for them to a~tltend in per.;;on."

The foHowi.ng J:"esolutinn ""as read and referred to Commit:tee on Rule.:;:

By }fr. Dunwody,A. resolution 1:hat tlhe Senate ~onsider no bills which have
been unfavorably reported from the conunittt;ee unless ealled up by some member of the Senate.

(~fr. St.cwart, Ohairman of the Committee o:n Lun.atic Asylum, sll!bmi.rte!d rhe following report:

llfr. Pt-e&ident:
':Dhe Oommoilt:too on Ltmatic Asylum have had under. eonsidera.tion 1.1lm following House bill, which they instruct me to report hack to ~he Sen'a:te "iY>iJ1h .the recommend-a'tion th:art the same do pass:

A biH to change the name of the Georgia Lunatic Asylum.

RespeC't[ull~ submitited.
J. A. STEWART, Chairlll'an.

::.\lr. Babtle, Cilmirman of the Geneo1'al J ud'ie>~ary Committee, stl!bmitted fhe follm,"ing repor.t:

Mr. President: The Gerreral J udici>aTy Commi'ttoo have had under con-
t>id0J.ation the follm,-.ing Sena:t.e bill, wlhich they instruct me 'to rep01~t. back to t:he Senla'te ";th tfue recommendation tlJ!aJt the same do pass:

500

JOURNAL OF THE SENATE.

A bill to make 1lhe eastern judiicial circuit of Georgia composed of the cooD!ty of Ohavham, and to CTeate and organize a new judicila:l circuit, to be called the Atlarutic circuit.

Also, rthe following House ibill, whieih tihey irustru-ct me to 1epo1't back to tb.'e Sen1at.e "~t<h the reconunend:ation th'at 1he same do pass as Milended:

.A bill to be errtided an aC't to ~~hange ~j:~he time of holding the Superior Coll!l'ts of the countie;; of Charlton and Clineh.

Also, the foHorwing HonS hill, which they instruct me to repor't. back to the Se111a:te with rhe recommendation fhat t.he same do not pass:

A bill rt.o regulate 'l:h:e defen;;s to action;;; on policie-i! of liie in.siuance.

C. E. BATTLE, Chairman.
)lr. FleweHen, Chairman of tthe joint comm~t:tee on the part of the Senate to take into consideration the tax laws, etc., sU'bmi.rted the following report:
Mr. President:
The special oommibtee ap.pointed to take ill'to "'onsideration the ta..x la'\YS of the State, et.c., haYe lrad unde-r considera:t.ion 1the follorwing Senate hill, whk1h they in.strnct me 1o report back with the recmnmemlation that the same do pass, to wit:

THURSDAY, DECEllfBER 9, 1897.

501

A bill to be entitled an ad to proYide for the COl'l'ectreiurn of property for taxa:t:ion, 'and for other purpoSs.

Respeet>fnlly submirted.

FLE\YELLE~, Chairman.

)Ir. Starr, Chairman of Committee on Education, submrtted the follo~,-ing repOl't:

Jfr. Prr,c;;idrnt:
'n1e Committee on Education haYe had under considemt.ion Dhe follmYing Hons:e bill, w1hic:h they instruct me to report back to the Senate with the recommendation that same do pa.ss 'by substitute, t.o wit:

A l)ill to amend the public school s:vsten1 of Rome, and for other purposes.

0. ~-;--. STARR, Cl~airman.
::Jfr. Starr, Chairman pro t.em. of Commi'ttee on Engrossing, snbmitted the following 'l:eport:
1Jfr. President: The Committee on EngPossing ha'le examined and found
duly engrossed and r!"acly to 'be t.mnsmitte'd to the House the follm'l"ing Senate bills, !f:.o wit:
:A bill :to define 1:1he dubi!"S and fL."' rtlhe compen'Sation of the tr0asTw.'er of Richmond c-ouruty.
Also, 'a bill to incorpmate 'tihe tmv:n of Reidsville, in the counlt.y of T~atrmll.

502

JOURNAL OF THE SENATE.

The committee als;o find duly engrossed and ready 1lo be twmsmitt.ed 1t.o t.he House J!he foHOIWing l'eSOlntion, to wit:

A resolution gmnting certain rights to the A.tlanta, Knoxville and X orthern Ra~lway.
Resp1Ctfnlly subrrnioted. 0. X. STARR, Oh-airman pro tem.

B;v unanimous 'COnsent, the followi11g Senat.e bill w'as read fir:;t time:

By )fr. Golightly.-\. bill to reanange t'he .Stone :llourutain .and Co'v~ta
rircuits.

Referred to Committee on Gen'lal Judiciary.

The following Sen!ate bill was read tt.lJ.:ird time to 'be put upon i1:s passage:

By ~fr. )faun-
.-\. bill to require 'the j-ustices of the peace and not:aries public to meet at t:he couJ:llty sites of t:his State to fix the day for holding 'their oourts.

["pon mot.ion o'f )fr. ~fann, the bill wills baible<d.

)Ir. G1ay, Ch!airman of Comm.ittee on PU!blic Property, submitt.ed the foHowing I'eport:

Mr. President:
'Dhe Oommitbee on Pu!blic. Property have had urrder con5idemtJion t'he following House bill, whioh they instruct

\

THURSDAY, DECE:~fBER 9, 1897.

503

me to report back to the Senate with t.he recommendation that same do pass as amended, to wit:

A bill to grant eertain rigMs to the Ohatltahoochee to the Colnmbns Power Compailly.

Respeetfnl1y submitted.

C. G. GRAY, Chiairman.

Mr. CulYer, Chairman of Committee on State of Repl~bli,e, submitted tJhe following 'l~epOI't:

Mr. Presiclent:

The Committe:e on State of RerpufbHc have lh.lrud under eonffidera.uion the follawing Hause ibill, which they instruct me to report back to the Senate with 'the recomm.:enda'tion that same do pas;;, to wit:

A r&1"olu'tion proYiding for the .appoinltrnent of a committee of fifveen citizens to secme State eXhiibitt;s of Georgia at the International E:-..j_)Osibion Ito ibe 1held at O:ma!ha, Nebraska.

RE"Spect.fnll~ :-nbmitted.

JOHN L. CULVER, Chairman.

ruder t.he regular order the following Senlate bill WlaS Jead second t.ime:

By )fr. Flewellen-

A bill proYiding for a conect return of ta.~es to this Sta,te.

504

JOURNAL OF THE SENATE.

By ~fr. Gray-

A bill to suspend tlhe payment of pensions to persons in ~he I~unatic Asylum.

By :Mr. Geiger-
A bill to make the OOS'bem judridal c~rcuit of Georgra composed of the co'llD.ty of Ohathiam, and -to create a111d organize a n~ew eirouitt <to be known as the Atlan'tic circuit.

Under 11egular O'l:der tne following Sena:te 'bill was taken from tlhte table to 'be put upon its passage:

By 1ir. Wooten-
A 'bill to provide for a new registration law for the StM..e.
rpon lthe passage 01 'bhe hill::\fr. Redwine 'C'alled for the
ayes and nays, whi-ch ooll """as sust.a:ined, and tne vote was as foU01ws:

Those voting in t:he affiTIDative were )fe.ssrs.-

Allen, Atkinson, Rattle, . Blalock, Brooke, C'arter, Castleberry, Comas, Everett, Flewellen,

Flynt, GPiger, GolJin, Golightly, Hudson, Kemp, Mann, McFarland, Redwine, Starr,

Ste'llart of the 2ith, Stewart of tlte 34th, Strother, Thomson, Turner, Walker of the 40th, \Yestmoreland, Wilcox, Wooten.

Thooe Vloting in the negative were Messrs.-

BriDSon, Culver, Gray,

Ham, Hopkins, Sheffield,

Yan Burtc>n, Walker of the lStb, Witcher.

THURSDAY, DECE)fBER 9, 1897.

505

'I'hos-e not voting were ~Iessrs.-

Cook, Dunwody,

Kilpatrick. Slropshin',

Ayes 29. X ays D.

Stevens, :lfr. Preoih ut.

'IIlre bill, having receind the requisite const-itutional m.,jorit.y, passed as :amendell, and the amendment<> were as follows:

Amend b.> inserting the following, to be kno\m as sectian 3:

Sootion 3. Af,t.er said list is turned over to 'Vhe ordinary b:e ~hall purge the same b,Y striking therefrom the names of all :pFlrsons who 'haw failed to pay all t.axes required -of them sill'ce the year 1877.

Amend the remainder of the bill by mal.'"ing the sections -coJlform to the above chlange.

1.fr. Golightly, Ohairman of the CommiHe on Coq)orations, submittecl the following repol't:

Mr, President:

':Dhe CommittE:e on Corporations have had under consideration the following House bills, '\vhich they direct me to repo11t 1back wirth the recommendation that the same do pass lby substitute, to '"i:t:

House bill No. 410, to establish a new oharter for the town of Abbeville, in the coun'ty of -Wilcox.

House bill No. 807, to amend the ,chart.er of J e.sup.

506

JOURNAL OF THE SENATE.

to Al:;o, iiht~ foHowing House bill, which I am directed
report back wrth tht~ recommendation 'tihat the same do pas;;, to wit :

House 'bill X o. 752, to amend the cha1ber of Oakland.

Also, the following House !hill, whi'Ch I am directerl to report back with :fhe 'l'1C0nnnem:l~tion t!hat the same do not pa.ss, tJo wit:

House bill No. 708, 1to ame'lld rtJhe dhlaii:er of Gainesville.

Raspootfully submi:tJted.

J. F. GOLIGHTLY, ChJairnmn.

The folLowing conl!lmmica!tion was TOOeived from liis ExreHency, the GovernOtr, through lfr. Wlarren, his Secretary, to wit:

Jfr. Pre.~iden.t:

I am directed by the Governor to deliver to the .Sen:ate a E:ealed communication, to w'hi'Ch he respectfully illlvites the eon.siderirtlion of your thonora~ble hody in executive session.

~:h. Stewart of t'he 34th distriot, Chairman of the Oomru~ttee on Hanks, snbmitlved the foll'(m>ing report:

J/1. Presi:dent:

Your c.ommittee hlave had u!llder cons:idera:tion the following House !bill, 1and 11he>y .recomrnend that the Slame be retad a second time and l'OOommitted to your Committee
(11 Banks.

THURSDAY, DECEllBER 9, l897.

507

A bill to be eD'titled an ad amending t:he charter orf the Germania Loan and Banking Company of Atlanm, Georgia.

Respectfully subm:iMecl.
T. D. STEWART orf 11he 34th District, Chairman.

y unanimous consent., the following Senate bill was taken :fl'O'Jll tlh.e i'.aJble to be put upon its passage:

By )fr. Battle-

A bill to a1ter and amend seCJtion 974 of the new Code of 1895.

L pon the 'Passage of the bill Mr. Goldin oo.lled for the ayes and ll'ays, which eall was sustained, and the vote was as follows:

Those voting in the affirmative 1vere :Messrs.-

Atkinson, Battle, Coma!', Culver, Flewellen, Flynt, Geiger, Golightly,

Ham, Hopkins, Hudson, l\fann, l\IcFarland, Redwine, Sheffield, Stewurt of the 2ith,

Stewart of the 3-ltb, Turner, Van BnrPn, Westmoreland. Wilcox, Witcher, Wooten.

Those voting the negative were Messrs.-

Allen, Blalock, Brinson, Brooke, Carter,

Ca8tleberry, Cook,
Ev<-r~;tt,
Goldin, Kemp,

Shropshire, Starr,
~tevens,
Strother, Walker of the 40th.

508

J OUltXAL OF THE SENATE.

Thoae not voting were l<Iessra.-

DUh\\"Ody, .

Kilpatrick,

Gruy,

Thomson,

\Valk~r of tbe 18th, Mr. President.

..:\yes 23. 'Xays 15.

The 'bill, having recei\"ed the requisite constitutional major~ty, 'Was passed as la.mended, and the a.men:clmenta were a.;; follaws:

Firat -amen-dment: A'ln-end by adding a~t.er the figures "9 7-l" in 1tlhe first line of the title of the ~act, the words "Yolume 3."

Second runeru:lment: Amen:d by adding rufter the :fig- ures "974" in 'the third line of section 1 the words "volume 3."

The following privilege resolution was read and adopted:

'Resolved, That tihe pri,ileges of the floor be e:x:tended to I-lon. \Y. J. :llartin during hid stay in the city.

By 'lfr. BattleA bill to make criminal pleadings .amendable .m this
State.

C'pon the. passage of the hill )fT. Golightly called for tl1e ayes .and nays.

l'"pon motion.of ~fT. Ba-ttle, uhe bill was laid up-on the urble.

At 12:30 o'clock t'he 1Se.11ate went into executive session.

:2\Ir. Golightly, Oha.i.r.man of the Oommi'utee on 0ol'lporations, subm:i'tted the following report:

THURSDAY, DECE~IBER 9~ 1897.

.')09

JJ r. President:
The Committee on Corporations ha'\'e had under con.:oideration the following Honse hill, ""hi~h I am directed to report back with the rewmmendattion that the same do pass, to wit:

Home bill No. 46 7, to create a Bdard o.f Oommi~:;,ioner;; vf Road,; and R.eYenncs fo-r Clarke ~ounty.

Re.s;pectfully submitted.

J. F. GOLIGHTLY, Chairman.

1Ir. Brinson, Chairman -of ~l1e Enrollin'g Committee, sn'bmiDted the following report:

Mr. President: The Enrolling Couunit'tce ha1Ye examim:::1d and found
duly enrolled and ready for the signatures or tJhe President of the Sennt.e and Speraker of 'the House:

..:-\.n act to quiet title of lands in Camden county, and to proYide foT the g'l"anrting or the same.

Also, an act to inco-rporate lthe town -of Fa.irmount, m Gord.on county.

A.'lso, an act to proh~bit tihe sale of into-xicating liquo-rs in the county of Terwdl.

RespercMully submitted. E. L. BRINSOX, Chairman..

:~fr. SteYens, Chairlll'an of Committ-ee on Appropriations, submitted ~he following report:

510

JOURNAL OF TilE 6ENATE.

]Jr. President:

The Commit.te on Appropriations have had under consideration the following House 'bills, "hic'h ilhey instruct me to report back to the Senate with the recommendation' that same be read secorud time and recommitt.ed <to same committee, to wit:

A bill prodding for an appropriation of one thousand dollars for building a 1boiler house at CaYe Spring for the Geo~gia School orf tihe Deaf.

Also, a bill to appropriMe four t-housand, nine hundrred. and se.n~nteen dollars and forty-three oents t.o dafray ex-
penses O'f investiga'tion of charges against Judges Reese
and Swe1t.

Also, a :bill to app1<opriate tJhree thousand and f.ouT hundred dollars to erect fire walls and cistern for Lunatic Asylum.

Also, a 1bill Ito make an additional appropri-ation for indigent \Soldiers of this State.

Respec-t-full~- su:bmieted.

0. B. STEYEXS, Chairman.

)Ir. Slnopi!hire, Chairman Committt>e on Speeial Judi<:iar~, submitlt:>ed t!he foUowing report:

Mr. President: The Special Judi!ciary Couunibtee ~1ave had under ~n-

THURSDAY, DECEMBER 9, 1897.

511

sideration Senate bill No. 160, which I am instructed to report back, with the recommendation that t'he 5ame Clo pass as amended, to wit:

A bill to he entitled -an aot to require Coffee counJty to pay certJa.in iru;olvent costa.

~1\.lso, House 1bill No. 688, which I am in.st.ructed to report !Jhat ;the same do pass, to Wit:

A oo.ll to prohrbit tlhe hutchm,ing ;any crut.tle, sheep, or hogs in Liberty coonty und11' certain eond:itions.

Rffipootfully su!hmitt.ed.

WESLEY SHROPSHIRE, Ohairman.

fThte j-oint comm~tt.ee of r.he Senate and Honse appoint.ecl to inspect t;he K ortheastern Railoroad submitt.ed the following report:

'l'o tlw Ot."llCral A.s8t'lnbly of Geu1gi(t :

The joint commit.tee of the Sena!te and the House, appointed under resolution pro,iclin'g for an inspeC't'ion of the Northeastern Railroad, lbeg leaYe to repo1"t it:Jhat the (luty imposed on them wa.s performed on 819Jturd!ay, December 4th.

We found the road4bed, cr:oss-t.ies, trestles, buildings, equipment, and other property in a:bout t!he same eondition as stated in 'the ela:bora<te report mrude :b~ Geo. C. Smith, filed in the executive office }fa~ 28th, 1896 (to which ref-

512

Jour.XAL OF THE SEN4-TE.

erenee IS made), \nth t.he exceptions t.ha t since !the date of tha.t retport. one and one-sewnth miles of llhe old fortyfixe }Jound iron Tails ha.-e been taken_up and re'Ploaced wilih new sixty pound steel rails; that a:bout t.welw thoosand new crosHies haYe been plaeed on th<e track; that SU!dh repairs 'h-a,e been made on the tresr.le8 as to make 1them suitable for present use; allCl tl1at the old lig1h.t engine No. 271 has 'been exelranged at a co;,t of $1,250 for a 'hein-ier sreondliand engine, in good repair.

W-e are pleased to r'}_)ort 'that the road runs its entire length th'l'OUg'h -a rich agri('u]tnral count!1.'3', ~and that it has a good local pa!trontage in a(ldition to its llthrough business, all of which it has been able to handle \\-ith l"easona!ble prompt.n~, notwit.htstanding it~ great deeiency in equipment, that defieiency, howeYer, being in.a hnge measure supplied 1by arrangemell'ts wit-h connec-ting roads whereiby freight. -c;ars are furnished for the ibnsineS8 of this rood.

11he present manag'E'ment we find to 'be in all -respects ca-pahle, efficient, and alert to rhe intte,rest of the road, and we haw n~ tb.'9itation in thus expreG.sing our eommeondation.
Xot.wit'h.stan{ling ~he State realizes some -profit in operar.ing :this road, it is the jndg1nE>nt o;f the committee ~~hat 1:1 &!tloe of the road s-hould be effe-cted as soon as may be, and to that end we re-commend that a law be passed autlhorizing the GoYeornor 'to offe'l tlhe same for sal. whene,er in hi;; diseretion sneh ;;ale can be made; proYich.,d, that the mini.: mnm pr~re at which the-raad may be soJ.d shall be $28'7,000,..

THURSDAY, DECE:IIBER 9, 1897.

513

thrut !being the amount of tlhe !bonded indebtedness of the &ta:te on i!Jceount of said road.

Respectfully su!bmif.ted.
E. A. FLEWELLEN, Olrail'llliill, T. F. :J:Ic.FARLA~D,
:w'". Y. CARTER,
On pall."t of tfue Senoarte.
"\Y. A. CHARTERS, Obtairman, J. J. BOWDEK, B. H. IDLL, NAT D. .ARXOLD, JXO. D. LITTLE, J. R. NISBET,
On pa.rrt of itlhe House.

"Th~ foHo.wing resolution was read :first time:

:By Mr. Starr-

A rei>oluti.on pl'orviding tfurart the PresiJ.en:t of '!Jhe Senate :Speakex of rthe HO'USe, tSeereta.ry of tl1<8 Sen:a1te, and Olerk iOf the House 1be allowed to rermrin rut the carp'itol five days :after the session to finish bhe business, and tha:t they draw ~tlteir same per diem.

Ordered engrossed.

The following Sen!ate bill was rood :firrst time:

.:By Mr. Stewwt orf 34tih District-

A bill to amend section 2391 of rthe Code of Georgia.
33s

514

JOURNAL OF TilE SENATE.

ReieiTE"d <to Comrn.~tbee Dn Banks.

Upon n.<l'flion 00: .Semutor Ste~wart, the session '\V'lls extend-ed until 1 :30 o'dook.

By unanimous oonsent, Senate bill No. 91 was made speC'ial Q['der for to-morrow, immediat~ly afted" the reading
of the J ourn!al.

'Cnder regu~'air order 'the follmving Seru!ll~e 1biU was faken from the taJble to lbe put upon its passage:

By Mr. Bemer-
A bill to aUJbh'oriz-e State lbaD'ks now existing under the law~ of this Suate to :js,"ue 01bHgations payaihle in merchandise or silver 'bullion, and 'for other purposes.

Tthe iJ.1our of a:djoummell't 1J.a:Ying a~rived, the Senate stood adjourned until t<>-'n1orrow morning 'at 10 o'clock.

Senate Chamber, Atlanta, Georgia, Friid;ay, Dooember 10th, 10 O'dock A. M.
The Senate met, P'nrsnant to adjournment, and was. called to ordex by the President.
Prayer was ofFered by the Chaplain.
lJpon the call o the roll, the following members answered to their names:

FRIDAY, DECEl\IBER 10, 1897.

515

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

Geiger, Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp, l\Iann, McFarland. Redwine, Sheffield, Shropshire, Starr,

Those absent were Messrs.-

Everett,

Kilpatrick.

Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th. Walker of the 40th, Westmoreland, Wilcox, Witcher, wooten, Mr. President.

The J onr!llal of yesterday was re-ad and approved.

Upon recommendation of the St,eering Committee, the regular order was adopt-ed as yesterday, after the special orders were dispooed of.

The umfinish~d business was tak;en up, which was a bil!

By )fr. Berner-

A bill to authorize State banks of t.his State to issue obligations payable in merchandise or silYor bullion, and for other purposes.

MT. Swo!Jher moved to rec.onsider th acrtion of the Sen-
ate on agreeing to the report of committee, which was fayorable to tili.1e passage of the bill.

The motion was lost.

.'516

JoURNAL OF THE SENATE

"Gpon the passage of the bill, )fr. Battle called for the ~yes an:d nays, which oall was sustained, and the vote wu as follows:

Those voting in the affirmative were :llessrs.-

Atkinson, Battle, Blalock, Brinson, Comas, Cook, Culver, Dunwody, Flewellen, Geiger, Goldin,

Golightly, Ham, Hopkins, Hudson, 1\Iann, McFarland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Van Buren, Walker of the 18th, Walker of the 40th, Westmoreland, Wilcox, Witcher, Wooten.

Those voti!ng tihe negative were Messrs.-

Brooke, Carter,

Flynt, Kemp,

Thomson, Turner.

Castleberry,

Strother,

'Dhose ndt Y'ot.ing were Messrs.-

Allen, Everett,

Gray, Kilpatrick,

Mr. President.

Ayes 31. Nays 8.

The bill haTing receri.ved the requisite constitutional majority was passed, as amended.

'Dhe amendments were as follows:

First: Amend by inserting immediarely after the word "Georgia" in tthe fourth lill'e of section one, the words "or that may hereafter be -ehartered under the la.ws of this State."

FRIDAY, DECE!IIBER 10, 1897.

517

Second: By inserting immediately after the word Georgia, in the second line of th:e ca.pti'on, "or that may hereafter
be chartered under rthe laws of this State."

The special order was talren up, which is a bill by

Mr. Battle--

A bill to repeal section 1010 of the Code of this State, relative to the prisoner's statement in criminal trials.

Upon agreeing to the repoTrt of trhe comnrit.tee, J\.fr. Golightly call&! for the ayes and nays, which call w.as s\13tained, and the vote was as follows:

iThooe voting in the affumative were Messrs.-

Battle,

Goldin,

Stevens,

Comas,

Golightly,

Stewart of the 27th,

Cook,

Gray,

Stewart of the 34th,

Culver,

Ham,

Turner,

Dunwody,

Hopkins,

Witcher.

Th?Se voting t!he negative were :l\fessrs.-

Allen,

Flynt,

Shropshire,

Atkinson,

Geiger,

Starr,

Blalock,

Hudson,

Strother,

Brinson,

Kemp,

Walker of the 18th,

Brooke,

Mann,

Walker of the 40th,

Carter,

McFarland,

Westmoreland,

Castleberry,

Redwine,

Wooten.

Flewellen,

Sheffield,

Those molt 'V'oting were Messrs.-

Everett, Kilpatrick,

Thomson, Van Buren,

Wilcox, Mr. President.

Ayes 15. Nays 23.

The report of th>e committee was disagreed to.

518

JOURNAL OF TilE SENATE.

Upoo the passage of the bill, :Mr. Battle called for th~ ay:es and nays, which call was snst.ainccl, and the Yote wa,; 2s follows:

Those voting in the affiT':mative were Messrs.-

Battle, Comas, Cook, Culver, Dunwody, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins,

Hudson, Stewart of the 27th, Stewart of the 34th, 'ftuner, Witcher.

Those votrung tihe nega:tive :were :Messrs.-

Allen, Atkinson, Blalock, Brinson, Brooke, Carter, Castleberry,

Flewellen, Flynt, Kemp, :M:ann, McFarland, Redwine, Sheffield,

Shropshire, Starr, Strother, Walker of the 18th, Walker of the 40th, Westmoreland, Wooten,

rrhooe nort voting were ){essrs.~

Everett, Kilpatrick, Stevens,

Thomson, Van Buren.

Wilcox, Mr. President.

Ayes 16. Kays 21.

The bill not having received the requisite constitutional :majority, WlaS lost.
By unanimous consent, the following resolution wac; read:

By )fr. Gray-

A resolution providing tlha!t when the Senate adjourns

FRID.AY, DECEl\IBER 10, 1897.

519

"to-day, it take a recess until )fonclay, and the tw-o days lost not to be taken out of the fifty days of this session, and no _per di~m be paid fo,r days lost.

F pon the adoption of thie re~Oilution, lfr. W a]J..."'eT called for the !Ryes and nays, which call was sustained, arnd the vote was as follow;;:

Those vating in the affirmative were Messrs.-

..Atkinson, Battle, 'Blalock, Brinson, Castleberry, Coma!!, Cook,

Gray, Ham, Hudson, 1\'Iann, McFarland, Redwine, Sheffield,

Stevens, Stewart of the 2ith, Stewart of the 34th, Turner, Van Buren, "\Vestmoreland, Wilcox,

Culver,

Shropshirt>,

Witcher,

Geiger,

Starr,

Wooten.

Golightly,

Those voting in t-he negative were Messrs.-

..Allen,

Flynt,

Strother,

'Brooke,

Goldin,

Thomson,

Carter,

Hopkins,

Walker of the 18th.

iDunwody,

Kemp,

Walker of the 40th.

Flewellen,
Those not voting were Messrs.-

Everett,

Kilpatrick,

Mr. President.

Ayes 28. Nays 13.
The resolution wa;; adopted.
Upon motion of :Mr. Gra.y, the session was extended until "1 :30 o'clock.
!fiJ.. Turner mon~d that. bhie SeDJalt.e adjourn to meet aga:im. 2t 3 o'dock, whic;h motion \\"as c-arried.

520

JOURNAL OJ!' THE SENATE.

Upon moti:on of :Mr. Cook, the session was extended until House bill No. 582 was read rst tim-e.

By unanimous oonsan.t, the following House bill was read rst time.:

By Speciail. Oomm.]tree-

A bill to create a Prison Commission for this State.

Referred to Coonmittee on Penitentiary.

By unanimous consent, 200 copies of House bill :No. 582 wea1e ordered printed and to be returned to the Senate thi,;, evening.

By unanimous consent, Senrute bill No. 93 was ma.d,, special order immediately after the reading of the Journal at next day's sessicm.

Learve of a1bserrce was grant.ed :Jir. Everett for to-dayand to-morrow on important business.

Also, for Sena,tor Atkinson for to-morrow, on oooount. of sickness in family.

1Also, for 8ana!bor Oomrus, 1:1o visit the School for the Deaf and Dumb, for Ito-morrow.

'.Dhe hour of adjournm'CIIlt having arrived, the Senate adj.ourned until ~ everui.ng at 3 o'clock.

FRIDAY, DECE:i\IBER 10, 1897.

b2J:

Senabe Chamber, Atlanta, Georgia, Dec-ember lOth, 3 O'clock P. ::\L

The Senat met pur::.uant to adjournment and was calld to order by the President.

Upon the call of the roll, the following members ans\\"ered to their names:

Battle, Blalock, Brinson, Brooke, Castle berry, Culver, Flynt, Ham,

Hopkins, Hudson, Kemp, Mann, Redwine, Sheffield, Starr, Stewart of the 27th,

Stewart of the 34th, Turner, Walker of the 40th~ vVestmoreland, Witcher, 'Vooten, Mr. President.

Those ahsent were}fessrs.-

Allen, Atkinson, Carter, Comas, Cook, Dunwody, Everett,

Flewellen, Geiger, Goldin, Golightly, Gray, Kilpatrick, :VIc F a r l a n d ,

Shropshire, ::;tevens, Strother, Thomson, Van Buren, Walker of the 18th, Wilcox.

Mr. Atkinson, Chairman of Committee on Temperance,. submitted fue fo.Uowing report:

Jfr. Prcsi.dl!n t:

The Committoe on Temperanc han' had under consid.eJ>ation the follmYi'llg House bill, which they instruct me tc report back, with the Tecommendation that same d) pass, to wit:

522

J OURNAI, OF TilE SENATE.

A bill to es.ta:blish a dispensary in the town of Statesboro, and for other purposes.
RespecMully SlJibmit.ted.

ALEX. ATKIXSON, Chairman.

:\fr. \Yestmorel,and, Chairman of Committrc on Eng-ros.sing, submitted the following report:

Mr. Prcsi(lcnt:
The Engrossing Committee haYe examin,ecl and fonnrl dnl.' engvossed und reJad.' to be tmnsmitJted to tlhe House the foll01wing Semate bill and Senate resolution, to wit:

A bill to authorize State banks to issue obligations payable in merchandise or silver bullion, and for oeher pur-

A resolution proYiding that 'the Ge.nc-ral A&.~rmbly take a recess for .Srutm,day and Sunday, and count snc11 days 11011. di{'8.
RespecJt:flllly snhmitted.
G. F. WEST:\fORELAXD, Chairman.
}fr. Redwine, Chairrnan of Committee on }fanufactones, submitted the roUowing r(>ij)ort:
Mr. President:
The Committee on :\Ianufactorie;; haYe had under considera<tion the following House> bill, which they J.nstruet me to report haek to the Senate, with the recommendation

FRIDAY, DECEl\IBER 10, 189i.

i523

that same be read the ,;;econd time, and be recommitted t) same commitooe, to wit:

A :])ill to r.eqnire r.hat mixed flour be branded so as to show eontenlts, weight, etc.

Respectfully snhmittcd. l. E. HED\YIXE, Chairman.

~rr. Shropshire, Chairman of Special .Tudic>iary Com-
mittee, :mhmitted t.he following report:
Mt. Ptesiden..t:

The Special ,hHliciar,Y Committee have had under consideration the fnllo\\ing Honse bill, which they in.;;trnct me to report hack to the Senat.e, with the recommendation that sam<' do pa.ss, to wit:

A bill to abolish the cit.Y eourt of Spaldi111g county, and for other pm-poocs.

Also, a bill to amen'd thie charter of nhe town of Cusseta, in Chattahoochee connty.

Also, a bill rt.o repeR~l an act to create an act to proYide for the eompensatlion of the ordinary of Twiggs county for extra se-nices.

Also, a bill to authorize the Board of Conunis.sioner.s of Roads and Riffi"enues of Hancock county to pay insolYent. cOt;ts to derks and bailiffs of said county.

Also, a bill to authorize the Commissioners of Roads and Rew~nues of Glynn county to levy a special tax for the benefit of public schools.

524

JOURNAL OF TOE SENATE.

Also, a bill to proterct fish in the streams of Lee County, and for other purposes.

Also, a 1biH to Tegul,ate 't:Jh1e ca:trcihing of fis:h in Tallulah 1iver anld its tri:butla!ries, in R:ruhun -county.

Also, a bill to a:bolish the county court of Clinch county.

Also, a bill to establish a Board of CommissionNs of Roads and Revenues of Taylor county.

Also, a bill to establish the 'city court of Camilla, in and for tt:he 0ounty ro<f Mi'oohe11.

1The C'ommitl:lee also recommend thalt t!he f.ollO'\ving House bills do pass, as amended, to wit:

A bill to amend the charbet of the town of Statesboro.

Also, a bill to create a Board of Commissioners of Roads and Revenues of :Maricm count,y.

Alco, a bill t.o create a Board of Commissioners of Road.:;, }'immce and P11bl1Jc P111operty 'Of :M:omoe.

Also, a bli11 to establish th1e city court of Albany, in and for the county of Dougherty..

Also, a bill to abolish the county court of Taylor.

Respectfully Slllbmitted.

wESLEY SHROPSHIRE, Chairman.

Mr. \Yestmorela:nd, Chairman of Committee on Engrossing, submitted the following report:

FRIDAY, DECEMBER 10, 1897.

525

Mr. Pn;si.dent: The Committee on EngTossing ~ave axamined and found
July engrossed and l'eady to be t11anlsmitbed 11o the House the fO'llowing Senate bills, to 'ivit:

A bill to regula<t.e the registration of voters of this State, arnd for otlwr purpo::;es.

Also, a bill to amend the Code so as to gi-V'e the State and defendant the same number of peremptory ehallenges o jurors.
Hespeat.fully submitted. G. F. \YESTJ.iORELAND, Chairman.

:J[r. Ste\vart, of the 34th District, Chairman o.f Committee on Banks, submitted the follO!Wing report:

Mr. Presi-dent: The Committee on Banks ihave had un'der consideration
the following Senate fbill, wihicfu lbhey instruct me to report . back to the Senare with the recomilnendation that same be
read second time and recommitted, to wit:

A bill to aJT]Iend the Code relative to corporations anl perwm lending money.

The committee also recommend that 1lhe follo>\ving House bill do not pass, to wit:
>A 1biH to amend tJhe Oocloe, sec6on 1912, volume 2, relating to b:mk returns.
Respectfully submitted. T. D. STEWART, of 34tlh District, Chairman.

526

JOURNAL OF THE SENATE.

~fr. Golightly, Chairman of the Commit.tee on Corpo ration;;, submitted the following report:

Mr. l'nsi.dent:

The Committee on Corporations ha;,e had under con sideration the following Scnatte. bill, which I am dimcted to report back with the recommcnda:tion tha~ the same do pass, to wit:

Se11ate bill No. 162, to extend the corporate limits of .Fort Y alley.

Reo.pect.fnlly o.ubmittted.

J. F. GOLIGHTLY, Chairman.

::\1r. Geigcr, Chairman of Committee on Academy of
Blind, makes the following repOl'lt:

Mr. Pn8idcut:

The Committee: appointed on the part of the Senate to visit the Academy 'Of the B1inJd respectfully snbmit the follcm-ing report:

we ha,e examined into the disposition of the finances appropriated by the State to the institution, and find tha:t the board of trustees have made only such e~q)emlitures a,; are necessarily esse111tiai to the equipment a11d support oi the institution. The system of accouThts is snch that an exhibit along a11y line can be readily shown. The cxpc11-"'C of maintaining tihe one hundred and six (106) students i;;. aoont. thirty (30) cents pe~ day.

FRIDAY, DECEllfBER 10, 1897.

527

In our opinion, the students are receiving as good instrn~ tion, car.e and attention as the State L'an be expected to give, and at t.he least possible cost.

\Ve find that 'every necessary attenition has been and i8 now being given to the sanitation of the buildings aml grounds.

\Ye find the buildings in good repair and amply mffic~ent for the work of the institution, while the groumh ar~ neatly and well kept.

The ma[lagemeTIIt and work beling done are, indeed, creditable to the board o.f trustees and Professor williams and his a.ble corps of tleachers.

The only recommendation we have to make is, that the man:agement buy rugs to place by the bedsides of the students to stand on while dressing wh1en they arise in the mormng.

Hespectfully submittretl.

W. W. GEIGER, Chairman.

The Spe'Cilal Senalbe Committee, appointed to \.-.isi't t:!he Georgia N OTwal and Industria1 College at :Jiilledgeville, G1orgi'a, sulbmitted 'the foUowing repmt:
Jfr. President:

The Special Committee, appointed to visit the Georgia Normal College and Industrial College at :Jiilleclge.ville,. beg leave to submit the follmving report:

528

JouRNAL OF TllE SENATE.

The Committoo gaYe as thorough an inspection of the institnt.ion as was possible in the limited time a.t their command, giving their wttent:ion iboth to itJS methods of conduct and as to its needs. ,,~e were present at the opening exercises at the Co.Ue1ge Chapel in the morning .and saw the enUin~ student body, consi.stirng o1 three hundred and sixty g1rls and young ladies assembled together. \Ve then spent several hoors in visiting every depa11tment and eYery class roc.n1 of the college 'building, seeing the teachers and pupils in t,he ordinary routine duties of the school day. YVe found -cl'asses in pedagogy, psydhovogy, natural scieniCe, malthematias, Latin, English, history a:nd li'tera!tw&-a mod-el schiool composed of very young tehildren, seventy or eighty in number, under tralining teachers, which department enables the. institution to give normal students practical instruction in the best mebhods of modern teaching. There are also elasses lin fvoo-Jhland drawing, dressm!d>:ing, lbooklmeping, :;:t.enogT.aphy, typewriJting and cooking. There are al~n departments for physical cultuve, pa1inting and crayon drawing, aJJ.d VOICal and insbrumen~al music. \Ve were very much pleased with the courses of instrlllction in these various departments, and the apparent effic~ency of the teache.rs therein. ~Ve regard tthis college of inestimable vaolue to the State, especially in furnishing a larg1e number -of competent teachers for our public schools, and also by fitting so many of our young women for the practical affair:; -o.f life.

After in:spectring the various school departmenlts, the -committlee visited the new dormitory building, which i:;

FRIDAY, DECE:MBER 10, 1897.

529

:iidmira.bly suited for its purpQse, tJwugh inadequate in size fm the present need:e: o.f t.he college. The committee dined wi-th t-he students in the large dining-ro1om of t11ie mansion, which is also nsed as a dmInitory. The a.Jminublc oruer and ~ystem eY-E>r,ndwre apparent in the man.ageme.nt of the 0ollege, was '\\ell exhilb~tercl here where suc'h a large number of brighit, iniJelligent young ladies march in alHl out oi the dining hall with t.he utmost precision and good o'!:der. The p~actical side of their intruction is not neglect.ed e1ven here, as the stnch:onts in turn wait upon the tables and look after rhe dining-1.<oom. \V1hile true stuJden'ts live welll and -comfortably, \\e were surprised to find lww chea:ply board is furnished. The impression made upon your committee is that in Prof. J. Ha[Tis Chappell, t!he :Stlate has a most competent and efficient principal for this Yalna.ble school-one who is in loYe wit,h his life"WOrk, and intent upon making the in;;titubion potent fO'r g.ood to the Srt:.ate. The nt-ire corps of teaohers seems I!Jo be d:f th>e highest grade a:nd up-to-date in their meth'Ods of rteaJching. This mstitutJion is \\'OI1hy of the utmost consideration and encouragement at the hands of the State.
The n'eeds of tl1e in.st~tutjon are rst: ~lore room, botlt in dvrmitories and c.lass rooms. Second: Furniture for -class rooms and assembly room. Third: A larger and better library. Fourth: SrientO.fie apparalt.us for tJhe laboratory, a~1d new blackboards, charts, ma.ps and typewriting machines. No daughter o.f Georgia, anxious for instruction, would find the: doors of tllis institution closed against :her for want of room. \Ve trust that the needs of thi:;
34s

5:30

JOURNAL OP THE SENATE.

instih1tion rwi.U receive :favorable considemtion from 'ea.Cih. {uture. General Assembly.

Respectfully submitted.

E. L. BRIN&OX, J. R. VAN BURE.~, \Y. W. TCRNER, B. F. \VALKER, 18th Dist., T. C. Hllf, J. L. CULVER, Chairman.

:Mr. Starr, Chainnan of Committe on Education, submitted the follo'Wing report:

Mr. President:
The Comlll'ittJee on Education ha,ye had under consideration the following ,bii.lls, which they instruct me to report back to the Senate, with the: recommendfution that same de. pass, to wit:
A bill to amend the charter of the town of La Fayett, in \YalJ~er county, an:cl 'to esta!blish a pU!bl:Uc school system. in said town.

Also, a bill to establish a public school system in the town of Austell, in Cobb county.

Respectfully submittd. 0. N. STARR, Chairman.

1.1r. McFrurland, Chairman of Committee on Publie Roads, submitted the follo'Wing report:

FRDAY, DECEl\IBER 10, 1897.

531

Mr. President: The Committee on Public Roach haYe had under con-
sideration the following House bills, which tJ1-ey instruct me to report back to the Senate wit.h the recommendation that same do pass, to vvit:

A bill to r.mend section 583 of Yolume 1 of Code of 1885, relabiY~ to the road law.

Also, a bill to provid'e a system of working the public roads in Bryan county.

The commiUee rooommenld thiat the f.ollorvving bill do not pass:

A bill to prmride a system o.f working public roads m Lee county by contract.

Respectfully submitted. T. F. :}fcFARLAND, Chairman.

:llr. Turner, Chairman. of Conunittee on Electiom, ;;ubmitted the following report:

11fr. President:
The Committee on Elections haYe had under consideration the following Sc:nate bill, \vhich tlly instruct me to report hack to the Senate wiil:h the recommendation that same do pass, as amended, to wit:

A bill to make it unlawful to expend money or anything valuable to secure electiorn to office in this State.
Respectfully submitted. W. \V. TURNER, Chairman.

532

JOURNAL OF THE SENATE.

:Jir. Brinson, Ol1airman of Committee on Enrolling, subm~tted the following rep:ort:

Mr. President:

The Oommittee on EmoJiling h-aYe e~amined and found duly enrolled and ready for the signatnres of the President of t.ht' Senate ~mel the Speaker of the House of Representatiye,;, the following acts:

An act to change the time of holdmg we supNior cour~ (,f Appling county.

.Abo, an act to establish a cLispensary in Appling county.

Abo, an act to quiet the title of kmds in Camden county.

Also, an act Ito in'COl'porate t'he bd"Jl of F.airmmmt, in Gord'On county.

Also, an act to establish a cli~pcnsary m Dawson City, 'llerrell oounty.

Also, an a:ct to esbablish a Board of Dental Examiners for the Sta.te.

Re-spectfully sUibmittecl.

E. L. ERIKSON, Chairman.

~Ir. Golightly, Chairman of the Committee on Corpo ratJions, submitted the following report:

.Mr. President:

The Committee on Corporations have had under consideration the following House bills, which I a:m diredecl

FRIDAY, DECK\IBER 10, 1897.

533

to report back \vith tlhe Tecommendatian that the same do pass, to wit:

Hous'e bill No. 768, to repeal an act creating a Board of County Commissioners of Roads aml Revenues for Haiber:-ham county.

Honse bill X o. 828, to ammrd the charter of the city of Macon.

Also, >the following Honse bills, whic!h I am directed to report. back, with the recommendation that the same ~ read the seoond time and recommitted to 't:he Oommi~tee on Corporations, to wit:

Honse bill No. 759, 'to incorporate tllm town of Birmingham.

House bill ~o. 793, to amend the charter of the city of Oolumbus.

House bill No. 796, to amend the charter of the city of Griffin.

House bill No. 809, to amend the chaTter of the city of' Tifton.

House bill No. 363, to amend the charter. of the city of Waycross.

House bill No. 795, to amerrd the 0harter of Clayt,on.

House bill No. 821, to amend the eharter of Fitzge~:ald. Respe:Cit:fully snbmittecl.
J. F. GOLIGHTLY, Cl1airman.

534

JOURNAL OF THE SEN~TE.

:Jir. Go1ightly, Chairman of the Committee Lm C'llrptH'ations, sn:bmitted f.he follo-wing report:

Jfr. J'rc.<sidcut:
The Oommittee on Corporaltions hian had nnder consideration lhc followinp; Honse bills, which I am directed to report back, "nith 'the vecommocndation r.hat ~he same do 11dt pass, to wit:

Honse bill Xo. 41G, to amend the.aot creating a Board
.of Police Commissioners for t.he <''itY.. of SaYannah.
Honse bill Xo. 278, to prescribe the manner of electing rhe clerk and sheriff of nhe ciity court. of Savannah.

Respeednlly Sllibmit.ted. .T. F. GOLIGHTI~Y, Chairman.

:Jfr. Battle, Chairman -of the General Judiciary Committee, made ohe foHowing ~:eqne8t:

!Jfr. Ptesiden-t:
I am instructed by the General Judiciary Committee, to request -of the Senate thlat 100 copie.s be printed for the use of the Senate, of the folloW"i.ng Senate bill, to wit:

A bill vestring in the votl"rs of this State eert.ain powers and privilege~.
Hespeotfully suhmithed.
C. E. BATTLE, Chairman.

FRIDAY, DECEl\IBER 10, 1897.

535

::\fr. Batrt:le, Chaarrnan of the General Judiciary Committree, submitted tJw follo\Ving report:

Mr. Presiden,t:
The General J ndiciary Committee hztw. had under consideration the follo,ving Senate bill, whi0h they instruct me to r-eport back toO tthe SenaJte with t.lre reconrme:ndation that the same do pass, to \\it.:

A hill to rt".an'lange the Stone ::\Ionnt.ain and Cow-eta '()ircui t.

The Committee aJlso reeommend that tlhe foUowing House bills do pass, to wit:

A hill to esta~hlish the cit-~ court of Griffin, in Spalding .county.

Also, a bill to abolish the county court of Dougherty county.

LA.lso, .a hill to c:hange tfh1e time ft.f lloldin\(!; Pike county .t-nperior court.

Also, a bill to -change t.he time of holding Colquitt superior court.

Also, a 1b'ill fu am'and sooti-on 5057 of 'the Oode of 1895.

The Committee also rec()llllmetnd that the follO'wing bill -do pass, as amended:

>A. bill 'to amend land alter an Mt. estaiblis.hing a oounty .court in the connties of Dougherty and Lee.

536

JOURNAL Oll' THE SENATE.

The committee also rooommend that the following Senate bills do not pass:

A bill to regulate. the payment of fees to attorney;; and 1eceivers in cases where petition for injunction and receiver is filed in this State.

Also, a bill to regulate the practice in the superior courts of th:ib State.

Also, a bill to provide f-or trial of criminal ca;;e.; in the county courts of this State.

Also, a bill to V'est in the vot-ers of this State ce1~ta.in privileges.

The coonmittee also recommend that the following House bill d-o not pass:

A bill to amend the ganve laws of this StUJte.

Re8peotfully submittted. C. .E. R\TTLE, 011a.irman.

:;}lr. Blaloek, Ch.ajrman of O:nmnitree on :Fina-nce, snbu:itted the foUowin;g report:

Mr. President:
The Committee on Finance hme had under ronsidemtion the following House bills, which tJhe.y instrnd me to report baek to the Se.nrute wit.h t.he I'!"commendation that same 1be reJad second time anid r~ommitted, 'to 'Wi!t:

A bill to approp1'1iate three hundred and twenty dollars to the School Book Comn:tission.

FRID.A.Y, DECEMBER 10, Hl97.

537

A bill to appropriate five ithousand sffiren hundred and eighty dollars and six ce111ts for mileage for members at extra ses!rion on February 3, 1897.

The committee also recommend that the following I">eS(}lutri:ons be read second time a.nd recommitted:

A resolution to a.ut.horize the GoYernor to dr~rw his warrar.t for $205.88 in favor of H. W. Thomas.

Als'O, a resolution ~o refund oortain moneys to D. B. Leonard .

.Also, a re.solution appropri'abing $150 t(} the elmator boy.

.Also, a resolution to appropriate compensation for Penitentiary Oommitbee.

Also, a resolution appropriating the sum of two thousand dollar;;, or so muc:h !Jhel"eof ru> may be necessary, to pay expenses of Oommitte<"s i'llvestigating penitentiary conYict ca'Il.1ps.

Respeotfully suibmitred.

.A. C. BL..:\..LOCK, Chairman.

)fr. Dnnwod~.-, as Chairman of the jointt cmnmit.tee appointt>d nndent rfflohution of the Honsean{l SenatP, submitted on behalf of the committee the foll()l\\ri.ng report:

'f'o the Srnofc and ITom~r of RrprNII'llfafi.re.<~:

'J'he joint commit.t~ee appoonted under a resolution of t.he Sena.t.e and Honse adoplC!cl at the last session of the legi51rutnre for the purpose of visiting t.he military encamp-

JOURNAL OF THE SENATE.
ments of the Georgia militia t.o be h~eld during the year "18!17, instrn~t me uo report as follows:
That there: \V'el'e three encampments in the Sta.tl'. One at Camp N orthen, sit.naJte{l at Griffin, for the infantry and ati.llery; one 'at C"amp Atkinson, situated a.t. 1fddrim, for 1he cavalry; and tJ1e laS/t. on St. Simon's Islan<l, for the naYal militia.
At. Camp Xorthen the term of duty was t.wo weeks. Dnring the first wee<k the First He>ginvNlt of Infautr.Y, commanded by Col. A. ~- La.wton, and the Chath-am Artillery, conunanded by Capt. Geo. P. \Yalker, occnpie.<l the camp. CoL Lawt.011 was Camp Commander. The. men comprising this command showed a marked dep_Tee of proficiency in allm1at.t.ers pertaining to military (li...o.{ipline and knowledge in the use of arms, and 'in fi-eld a:nd ot.her m'OVI&ments of troops. The second week at Camp Xorthen t.hc Si..-..;th Infanrtry, Col. \Ym. E. J one: commanding, a.ncl the Third Infantry, Col. l'sher ThOinason eommancling, occupied the camp. The tr.oops in the camp during thi.s week wEre under tl1e command of CoL Jones, who w.as Camp Commander. The spirit of fihe men composing these regiments was exceptionally fine, and the performan0e of th-eir duties was done w"i't!h readin'CSS, Shlowing -a disposiltron t-o profit by the inst.ruction.s of their superior offker::1. Your commit.tee has neYer Been a fairer representation of the milit.ary of the St.a.te than was in attenclall'ce npon this c.amp, anrl the pa;triot,ism clisplay,ecl by the mmtia in maintaining their org'a'llizaili.on:> at almost entirely their own expense .should be reliend by th'e State g1'anting .as liberal an appro-

FRIDAY, DECEMBER 10, 1897.

5;:19

priation a.;; it.;; treasury could >Yithijtand. \Ye found tl1c camp orderly, well appnintecl, and almo,o,t perfect in all the r<'qnirE>ments .t:l1at llol'<' ne.resslary 'far a h'e.alth) l'ocation of so many men, except the sanitation, whid1 \\as only fairly goocl, but th~s could be remedied b~ a .small appropriatiou to construct the proper drain'agc so as to t.ake the SC!\\crage away from the r.amps more satisfacto1ily than is now done.

0amp .At.kin;;:on, at }feldrim, where the caYah~- encamp-

ment wa:-> held, is an icl(\al plaoe for sneh encmupments.

1t is J''elll appointpcl and fnll.' eqnirpped at. tl1e expense of

one of tho most JH1~)1ic-;;j)iritJecl ciiltiz<:>n~o; of this St:ate, and it

i~ due largely !1o l1'is 16\vn exerti-ons mll<l expenclitnrC"R 'of his Dwn m1oney t!ha:t. this camp is one of the 1best in the

State. The pwtrioti"m tloispla.'cd b;v him made it po5Sibb

"r "r for t.he Statc at little expcllE-<' to ha,~e t11is encmnpmenL

The ramp was in {'.ommmHl of Col.

Gordon, of the

Fir.:.t Canlry. Too mnch c-.a.nnot he said of tht> proficienc.'

of thl' tl'Oop,; which com]iosed this c-amp. There w.as no

time l'oilt in icllenlf'SS, far lt!lw dutii-es requir-ed almost. eonstant

attc>ndanee, and .although one1ons, tlwy \\"ere performed

with a willingna-;s worthy of the ;:.acrifiee of the lmsinc5s

and pmfesaiona;l <'11P,'agemC"nt,:; of the men who compot*'cl

t};is part of the milit.ary of -onr State.

The Xlavalmilitia, a '111('\\' clepai'tnre in t.he military of thi:; Sta.te, formed for tlH~ purpose of instrncllill'g a portion of the militia in the art of naYal warfare. Being n;:,e.fnl as a battalion of infant.ry, it p('rfornB a double service to the Stat-e, in ilwt the men arc inatruet.ed in t.he art of warfare for ;;erYic:e on 1the seas, a;; \H'll as for land ;;C>rvice. This e<neamp-

540

.)OURNAJ, OF THE SENATE.

ment was held at Camp R-oosmelt., on St. Simon's Island, atnd was composed of four diviilions--1.wo f1om 'Brunswick and 'two f1om S'avtanna:'h, witJh Lieutei11a.nt-0tOmmander Aiken in <eomma:nd 'Of the ~Camp. :'Dhis is a unique as well as useful part of the mili.tia. of the Stat.e, and the same commendation is due them for strict a<lhe.rence to duty that. has been !!lccorded to the .other branches 'Of the militia of the StaJt.e. Tills branch of the militia should be fostered as one of the most important branohes. It affo-rds your c-ommittee gr~at pleasure to acknowledge in this connectJion the great benefit the militia of the Stiat.e has deriv-ed from C.a]}t. Oscar J. Brown, First Cavalry U. S. Army, the A<'t.ing ..:\.soistant Adjurant-Gemeratl of tohe St-ate, for his earn~tne.ss and eiliciency in imparting to the mili'tia the benefit of his. training, knowledge !!lnd experience in tihe art of warfare. Xolthin'g but noniver;ml C'Ommendation was heard upon the part of the militia for the ,..ahm~ble smwices rendered to them by thi.H effieient officer and natiYe Georgian.
Your committee found at each c:am.p a disposition of both officers and men to comply with the true spirit and import of tJ1e appropriation made h~ the St.a.tP, h;v stm<'tly adhering to the dutie-s of the oamp, and i:nst.rnetions giv(Jn in the art of wartfrue "'ere intelligently I'eceived and resulte~l in great adYant:ag" to the men. Tlwrc was no holida.v afltirc, hut the militia, bot.h officers and men, perfm"lned t.hE'ir awluons duties in !the regulation uni~onn nf .th<> camp, whi<"h was composed ;of j-eans pant8 and cot.ton shi1ts, w'hic.h evidence.d vhe f!llet tha't t!hey were in ctarnp ror the Plll1JOSe of benrg instruc.ted. The disposition of both officers and men seemed t.o be a desire to take adYan.Jtage of the appropria-

FRIDAY, DECEl\IBER 10, 1897.

.541

ti0n for the pnrpoo;e of becoming well drilled and equipped for any serYice \Yhich the State might haYe use for them.

Yonr .c;ommit.tee desire to say that. the money appropriated has boon well and economically spent, and the best judgment preYailed in the use of the funds entrusted to the military official:; of the State.

The militia of Georgia is comprised of the flo\"l"er of the State-o:i men in the Yarions wrulks of life. There is no arrogance of cnste among t.hem, and those of one station and calling in life commirngle with those of all{llther station and ealling wtith a marked degree of cordial equality.

Your committee does not hesitate to say tha.t \\rilth the small ar:ipropria.tion made by the Sr.ate, the military has shuwn marked impro\"ement, and t!hat a State can ill afford to let this part of the sel'\i.ce fall into decay for want of a sufficient appropria.tiorn to instruct its militia. in the art of modern warfare. That State is only Slafe which does not allow its eontemporaries to ad"i"ance i:Jo a grea:ter degree of proficiency in political, social and industrial improvement:; than itself. This eomponent part of the goyernment of the Start:e should be fostered, so that it may become in the futme, as it rhas 1boon in 'the past, the p~i:de and the glory or its citizens.

R.espectful'ly submitted.

HEXRY F. DTJXWODY,
Chairman Joint Committee.

The following resolution was read and ta.bled:

54~

JOURNAL OF THE SENATE.

B,v 1lr. Cart.er--

Resolved, by the Senalte -and the Honse '()f Repl'esentatiYes of the State of Georgi.a, That. section 10 of article 1 of
1:he Sa:tional Constitution should be amended so .as to strike
out all that portion of said wDtion which is, "That no Sua.tc ;,hall coin money."

By unanimous consemt, the follow~ng Senate bill wa,:; l"C'ad the first time:

By )Ir. Berner, by request-

A bill to pl"O\ri.cle for the inco11J01a6on of iusnran"C'0 companies wi1th power -to insm-e against. robbery, and for other purpoes.

Referred to Oommit'tee on Banks.
r nder regular order, the following Se111ate bills were reau
third time, to be put upon their passage:

By Mr. Flewellen-

.A bill to make a complete return of all taxes to this State.

"Gpon motion of }fr. w-alker, of 18tl1, the bill wa,; talYled, and 150 copies ordered printed for the Senate.

By Mr. Gray-

A bill to suspend the payment of pensions to person.;; in the lunatic asylum.

C pon motion of l\!r. Hopkins, the bill was tabled.

FRIDAY, DECEJ\IBJ<:R 10, 1897.

543-

By l.lr. Geiger--

A bill to make the Eas'tern J udicial Ciricuit composed 'Of
Chatham couu1lty only, and that a new Circuit be made to be known as the Atlan!l:oic Circuit.

Upon: the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite const.itution:al majority was p..'ISSed.

By :Mr. 21fann-
A bill to require the justices of 1the pea'Ce anU notarie.spUJblic to me~ at the county Sites olf Jt'he several counties of this State to fix tihe doays of holding their courts.

L pon the passage otf thie bill the ayes were 30, nayll 0.

The bill having receiiVecl the requisite constitutional majority, was passed, as amended.

~o\mem.d the fourth line o.f first section by striking the word "annually" and inse1't in lieu there!of tihe words "every four :years."

Provided, that tl1is act shall nott b~ome. operative in any county in this State until first recommended by the grand jury of the sai{l county.

Under the regu'l:ar orde~r the following .Senate 'hills were read the second time:

By }Ir. Stew.att., 34-th district-

A bill to amend section 2391 <Vi the Code of 1895.

.044

JOURNAL OF THE SENATE

By Mr. Gray-

A bill to extend the corporate limits of Fort Yalley, in Hou.ston county.

By ::Jfr. Starr-

A resoJution allow-ing the President of the Senate, the Speaker of the House, Secretary of Senate :ani Clerk of the House to remain at the capitol five days after adjourrunent for official busine85.

By :llr. Golightly-

A bill to rearrange lthe Stone ::Jlountain and Co\"~Jeta Cir-cuits.

By ::Jfr. \Yilcox-

A bill to require Coffee county to pay the officers of court tJ1e c'Oets now allowed by law.

By ::Jir. Gordon-

A bill to make it unlawful for any person to use money -or other things of value bo secure elections.

}fr. Ba.ttle moved t.hat when the Senate adjourn this evening that it mee1: again at 7:30 o'clock, which motion WHs carried.

Under regul-ar order, the following Senate bill was taken from th'e taible with adverse report from the committee:

J3y :Mr. Carter-

A bill to regula,te the election la:ws of t.h:is State, and for other purposes.

FRIDAY, DECEiiiBER 10, 1897.

545

upon motion of ~Ir. Carter, the ayes and nays were <(;.ailed to disagree to the report of the committee, and the vote 1vas as follo.ws:

'Ilhose V'Oting in the affirmative were Messrs.-

Brooke, Carter, Castleberry,

Goldin, Kemp,

Strother, Turner.

Those vobing in the negatin were ~Iessrs.-

Battle, Brinson, Comas, Cook, Culver, Dunwody, Flewellt>n, -Geiger,

Golightly, Ham, Hudson, Mann, McFarland, Sheffield, Starr, Stevens,

Stewart of the 2ith, Stewart of the 34th, Van Buren, Walker of the 18th, Walker of the 40th, \Vestmoreland, Witcher, WoQten.

fl'hose ;nQit voting were nfessrs.-

Allen, .Atkinson, Blalock, .Everett, .Flynt,

Gray, Hopkins, Kilpatrick, Redwine,

Shropshire, Thomson, Wilcox, Mr. President.

Ayes 7. Nays 2.

The moltion wlils lost; bill w.as lost.

By unanimous consent, the follmving Senate bill was read the first time:

By l.Ir. C:uter-

A bill t-o make it nnlawful for any railroad in the State Jo 0harge more than two cents per mile for traveling.
:<5;

546

JouRNAL oF THE SENATE.

Referred to Committee on Railroads.
By unanimous consent, Senate bill Xo. 13!) vas withdrawn by author.
By unanimous consent, the foUowing Horu;e bill was read the second time:
By :Jir. Henderson-
A bill to amend :bhe charter o the city of FitzgeTald, in t.he county of Irwin.

Fllluer regular order, the following House bills were re-.acl first time, to wit:

By :Jfr. Hill-
.A bill to change the name o.f the Coweta circuit to the Carrollton jmlicial circuit.

I~aid upon the t.able.

By :Jir. Blalock-
...:\. resolution proYiding for an appropriation of $1,800 to pay the per diem and expenses for the special committee of fin appointed under resolution of February 3, 1897.
Referred to Committee on Appropriat:ions.

By :Jir. Reese-
A resolution to pay the salary of Richard J olmson, Commi:-'sioner of P.ens.ions, fur one month.

Referred to Committee on Appropriation;:.

FRIDAY, DECElllBER 10, 1897.

547

By :1\[r. Charters-

A resolution to pay David Hoorcl $50 for twenty-fiveJays' se'l:vice as porter in House, 1897.
Heferred oo Committee ou Appropriations.

By ~lr. Felder-

A reso.lntiorn to pay per diem and mileage to the Hon. J. H. Pol-hill and lion. James Stapleton.

Referred to CQill1mittee on Privileges and Elections.

By Mr. Slaton-

A rC<Solntion to appropriate $500 for an expert accountant.

Referred to Committee on Appropriations.

By :Mr. Little-

A resolution to appropri!ate $2,000 to pay a deficit in the exhibit at the Tenness0e Ce11tennial.

Referred to Committee on Appropriations.

By ~fr. \Yhitaker-

A re>'olntion authorizing the Governor tv. draw his waJI'ant on the treasnr: for $2,000 to repair the capitol.

Referred to Committ-ee on Appropriations.

By )fr. Little-

..:\. rc>iiolntion to pro,-idc for assistant doorkeeper fol" tht.: House.

548

JOURNAL OF THE SENATE.

Heferred to Committee o.o Appropriations.

By ~Ir. Taylor-

A resolution <to app~'Qprrate $914 foT the complet:fron o .a "a.ter main at the lunatic asylum.

Heferred to Committee on """ppropr:iaJtions.

By :Jir. Armstrong-

A resolntion to appropri'ate the sum of $280 to oornpensate the joint committee for the Sena.te a.nd House to confer wi:th the President of the Sbate University.

Referred to Committee on .Appr.oprimt.ions.

F nrler regular order, t.he following Honse bills were read t.t.,e third time, to l>e pnt upon their passage:

By ~Ir. Knowle,;-

A bill creating a Library Commission in this Sttate.

L pon the pa,;sage of the hill the ayes were 23, nays 0.

The bill ha,-ing received the requisite constitutionial majority was }mssecl:

By 3fr. Chapman-

A bill to amend sec1t.ion 413 of 1Jhe penal Code of bhi~ State.

F pon the passage of the hill the ayes weTe 23, n:ays 1.

The hill ha..-ing received the requisite oonstitu1Jiooa.l majority was paS:Oed.

FRIDAY, DECE11IBER 10, 1897.

549'

By Mr. Nicoh:olas-

A bill to amend the act incorporating the town of Jesup.

Upon the passage of the bill the ayes were 24, nays 0.
The bill having received !Jl1e requisite constitutioool majority, was passed by substitute.
By Mr. Bush-
A bill to abolish the Board of Commissi~mers of Roods and Revenues in 1the county of Miller.

Upon the passage of the bill, the ayes were 28, nays 0.
The bill, having rooei.V'ed the requisite consm.'tutional maj.ority, was passed.

By :Mr. Johnson of Baker-
A bill to amend M. act i:niOO:rplOratinJg ~he tlown of N em-
ton, in Baker county.
Upon the passage of the bill the ayes we1~e 25, n'ays 0. The bill having received the requisite c'O'Ils.titll!bi."Clmtl majority, was passed, illS amended: By striking section 4 and inserting in lieu thereof, the followimg:

Section 4. Be it further enoa.cted by the authoni.ty aforesaid, that said mayor and council be authorized to levy an annual street ta:'i:, n.o't exceeding $3, upon every person subject to road duty in said town, which tax lll!J.Y be paid by the person against whoon it is issued, by woo:king on th6 streets of said town, at the rate of :fi:6ty cents per day, and any person failing to ~y the said tax, or pe!l'form the said

550

JOURNAL OF THE SENATE.

W'ork by the date fixed by sruid mayor and council for the payment of the sanH"', shall he pnnishcd by a fine o.f not more thran fiye dollars for each day that he fails to work, or be imprisoned in the tnwn l)riso:n, or worked on the streeta of said town for not more than thirty days.
Amend further, by striking from section 7 the figures "$5" and insertiing in lien thereof t.hc words "$500.''
B~- )fr. Yates--

A bill to g.rarrt and oede to the Unite-d Stattes a public hif!,hwa,Y th:r10n~h tlm county of Ca.tooea.
r pon the passage of the bill the ayes were 24, nays 0.
Th~ bill, !having receiwd bhe requisite constitutional majO'l'ity was passed.
B,v unanimous consenlt Honse r~olution 145 was withdrawn from Oommivt.ee on Appi"op!"iations and refe-rred to Commit.tee on Finrancc.
B:- }fr. Frereman of Coweta-
A bill to pro~ide for ordinary pro hac vioe in oases of disquaiified ordinta.ries.

Upon l:lhe passage or t.he bill the ayes were 23, nays 0.

The bill having re'cei~ed the requisit;e constitutnonal majo'l-it.y, waspassed as amended.

Amemd by Slt.riking the wordi! "shall provide" in the 9tlt line of section 1, aftJer the word "correct."

FRIDAY, DECEliiBER 10, 1897.

5tH

2d. Amend by inserting the word "am" in the first line <Qf the caption after the word "f.or" and by inserting in lieu thereof the \Yorcl "of" after the word "case" in the second line of the Claption.
By 1Ir. Henderson-
A bill to fix the compensation of Commissioners of Roads .and ReYenues in the oounty of Ir'lv':in.
Unon the passage of the bill the ayes were 24, n:ays 0.
The hill haYing recei ,ed the requisite oonstitutio~ml majority, \Yas pa.:'.':led, a,; amended.
Amem.d b~ st.ri'k.,jng the word "eight" from section 1 of said bill, 'aJHl inser.t. in lien thereof iihe word "six."
-:By ~Ir. High'tmYer--
A bill to establish and regulate a dispensary in Blakely, in the connty of }Jar.ly.

'Bill was m!ade t.o follow special order to-morrow.

l'pon momon of }[r. Oarter, the Se-nate adjourned until "7:30 o'clock to-night.

The Seuate met pursuant to adj-ournment, and was called to order by the President pl'o tem,

Upon mot.ion of ~fr. Golightly, the roll-call was dispensed with.

Under regular order, the following House bill was read the second time:

552

JOURNAL 01!' THE SENATE.

By 1fr. :Mozley--

A bill to estalblish a system of public schools in the town: of Austell, Oobb coun1ty.
B,Y :Mr. Hall-
A resolution to appropriate $2,000 to pay the expensesof the committee to visit the convict damp.
was reoommittJed to Finance Committee.

By Mr. LittleA resolution to appropriate $150 to pay e.levat.or boy.

Was recommittled to Finance Committee.

By Mr. Bowdem-
A bill to repeal an aCJt crelarting a Board of Coinmissioners of Roads and IOOvemues for the county of Hlllbersham.

By Mr. Knowles-
A resolution to authorize the Governor to draw his warrant on the treJasury for $205 im favor of H. W. Thomas.

Recommitted to Finance Committee.

By :M~r. Simpson-
A bill to ineorporate the town of Bumingham, in )Elton county.

By Mr. LittleA bill to amend the oharter of the citv of Columbus. "

FRIDAY, DECEMBER 10, 1897

553:

By ~fr. Brannen-

A bill to :amend the charter of the town o.f Sta.tesboro,. in Bulloch county.
By :llr. ChartersA bill to amend section 5057 of the Code.

By Mr. Thomas-
A bill t'o maintain a sewerage system 111 the city of \Vaycross.

Recommitted to OorpOO".ation Committ-ee.

By Mr. Boifeuillet-----A bill to amend the charter of the city of :Macon.

By :Mr. Law-
A bill to prohibit the butchering of hogs, cattle and sheep un-der certm.in circumstanoes, im Liberty county.

By l\fr. Copeland-
A bill to amend the charter of the bO'wn of La Fayette;. in the county of vValker.

By Mr. DuncanA 1bill ~o prot.eet fish in bhe streams of Lee county.

By :Jlr. \V:ight-
A bill to establish 1a city court in Albany, Doughert..r COUnty.

.rouRNAL OF THE SENATE.
~y 1fr. Slaton-
A bill to change the corporate limits of Oakland city.
By )fr. Bennet-
A bill to authorize the Commissioners of Roods and Revenues of Glynn oounty to levy a specral tax.
By )[r. Dickerson-
A ibill to ~hiange 1tJhe tJime -of lh.olding the superior court.B of Charlton and Clinch.
B;r ~fr. )foz1e-y-
A bill to est.ablish a city oourt in the 'town of Camilla. By J.Ir. Little-
A bill ~ release and p-a'11t to OO>lnmbns Power OompanJ c('rtain rights to the Chattahoochee river.
By :1Ir. Calvin-
A resolution appointing a cominlibtee of fifteen C'i:tizens o this State to visit the Trans-~fissis."oippi and International Centennial at Omarhia, Neb., in the year 1898.
n,Y )fr. Boynton-
A bill to appropriate $2,000 to pay expenses of the committee ~nvestigating the charges ag'ainst Judges Sweat antl Heese.
By )fT. _Thomas O'f Olarke-.A bill to create a Board of Commissioners of Roads and
Hevenues far the ccmnty of Clarke.

FRIDAY, DECEMBER 10, 1897.

555

]3y ~Ir. Vaughn-

A bill to proYide for the compensation of ordinary o;: Twio~ 'ob-s countv . By 11r. 1Iorgan-
~1.. bill to provide for a system for working public roads in the rounty of Bryan.
By 1fr. Dickrson-

A bill to abolish the oonnty court of Clinch county. By 1Ir. Felder-

A bill amending the oharter of the Germania Loan and B1mking Company.

Recommitt.ed to Committee on Banks.

By Jlr. Hamby-

A 1bi1l to reguJ.ate the C'la'tc!hing of fish m the Tallula:..'l riYer.

By 1fr. 1fonMort.-

A ibill to esbaihlish a Boaro o< Commissioners of Roads and Revenues for the count.y of Taylor.

B.v 1Ir. BoyntonA biLl to establish a city court in Griffin.

Tiy 1Ir. Burwell-

.A bill to require the Board of Commissioners of Roads

556

JOURNAL OF THE SENATE.

and HeYennes of Hancock county to pay certain insolvent costs.

By :llr. Nevin-

A bill to appropriate the sum 'of $2,000 to build a boiler house a:t ;~he Geosrgi;a 'Sdhool for tJhe Deaf.

Recom.itt.ed to Filliance Committee.

By )fr. Calvin-

_..:\._ bill to require aU mixed flour to have stamped on it the contents of the pa:ckage.
By :Mr. Ennis'-

A bill to esllalblish a system of public schools in the city of Thome.

By )fr. Awtrey-

A bill to l'equire the State :Memorial Board to Irulke inYestigation of the Confederate Cemeteries.

By 1fr. )fonltifort-

A bill uo amemd the county court laws of Taylot oonnty.

B~ )fr. Edg~
A bill to create a Boa:rd <if {Joonmisilioners of Roads and Revenues in Marion county.

By ).fr. NilesA 1bill uo change lt:he n'ame a Georgia Lunatic 'Asylum.

FRIDAY, DECEliBER 10, 1897.

557

The following House bills were read the second time .and reoommitted to Committee on Appropriations:
By .Ur. Taylor-
A bill to appropriate $3,400 to build fire walls at lunatic asylum.
By :Mr. Blalock-
A bill to make appropriation to pay indigent Confederate soldiers pension.

The following House bills >vere !'lead the second time and :recommitted to Financ-e Oommilttee:

By )fr. \Yhipple----

A resolut.ion to refund less taxes and coots receh"ed by State to D. B. Leonard for the purc.hase of cer.ta.i.'ll lands.
BY Mr. Slaton-
A resolution to apprOpl'~albe compensation for Perutentiary Committee.

By ~fr. Little-

A bill to appropriate the sum of $320 for the School-book Commission.

Also, a bill .to appropria-te itfue sum of $5,781 :to pay expC'Il.Ses for 1fue extra session of the legislature.

The following House bills were read the second time a.nd reeomnlitlt.ed to Commit~ on Oorpo~rations:

55R

JOURNAL OF THE SENATE.

By )lr. Hamby-

A. bill to :amend the chlarter of the town of Clayton, i.l"L Hahun county.

By 1Ir. Boynton-

A hill to amend the charter of the town of Griffin.

By 1Ir. )IcCranie-

A bill to ame'Ild the chart:Jer of the city of Tifton.

~[r. Turner moved that when the Senate adjourn it meet at !J o'dock in the morning, which motion was ca;rr.icd.

By unanimous C'Onsent, the foUo:wing Senall:.e bill wa.s taken up to concur in House substitute:

By :J1r. Hopkins-

~\. bill t.o tamend the chlairber of the city of Thomasville.

House substitute was concuTI-ed. in and !!he following <tm:e-mhnen t was adlopted:

By striking all of last line of seCJti'{)ln tw-o after the wor1 l "treasury" and insert instead the foUowing: "sne-h a'lllount not exceeding twenty-five doUa:rs ($25) each, as may be fix-ed b~- the mayOT and council."

)Jr. Dunw.ody, Chairman pf Committee on )lilitary, snbmit.ted the following report:

JJh. Presi-dent: The Committee '001 )Iilit.ary haYe h.ad under eonsidem-
tion the following House bill, which they. inst.rnl't IIW to

FRIDAY, DECEl\lBER 10, 1897.
report back to the Sena!l:e with the reeonunendation that same be read the seC'ond time, and be rewmmit:Jt:ed, to wit:
A bill to require the State )[emor:ia.l Board to :i:nvestigate into the condibi:on of Confed-erate ceme-teries, and to appropriate money to p~y expenses of inYestigatio~1.
Respectfully snbmitted. !HENRY F. DUNViTODY, Oh'airman. ,
The following House bill was read the third time, to beput upon its passage:
By :Mr. RawlsA bill to amend the charrter of the town of Guyton.
1-pnn the pas..'.lage of the hill the ayes were 25, nays 0. The bill, imving received the requisite constitutional majority was passed.
By :Jlr. ~IeCranie---
A uill to amend ;;;edjon 982 of the Code o.f 1895. L pon the passage of the bill the ayes were 24, nays 0. The bill having receiwcd t.he reqnis~te constitutionlal majority was passed.
By ~Ir. WilcoxA bill to establish a system .of puhlic schools in the town
of )IcRae. 1:pon the passage of the hill -the ayes were 24, nays 0..

.560

JOURNAL OF THE SENATH

The bill having J.'leooived the requisite constitutaoo11al majority was passed. By :Jfr. Rawlmgs-
A brll to create a Boord d:f Commissioners of Raads and Revenues f.OT the county of WaShington.
Upon tJhe pa.:;sa:ge o the bill the 'ayes we'l"e 23, nays 0.
The bill having received the requisit.e oomstitntional majority wtas passed as amended:
By striking all 0' paragraph nine () section se.n~.n.
2d. By striking the word "tooth" in first line of pa;ra,graph tenth, secti'On seven, and inserting in lieu there'Of the words "tenth."
By ~fr. Vaughn-
A bill to amend an act to orgaonize a Board of Commis..sioners of Roads and Rei'lenues in Twiggs county.
"Gpon 1Jhe passage of the bill the ayes were 24, nays 0.
The bill having recei,ed the requisite C'onsbitutional ma. jority was passed.
By :Mr. Oliver-
.A prlluo declare the third day o June, commonly known .as Jefferson Davis's birthday, a legal holiday.
Upon the passage of the bill the ayes were 2, 11'ays 0.

FRIDAY, DECE~lBER 10, 1897.

5'll

The bill h.a,ving reeeiYed the requisite constitutional majorit.y was passed.

By ).[r. )fcLaughlin-

A bill to amend tthe c.ha11ter of the 1Jown of "'\Yoodbury, in the cmmty of :}feriwether.

F pon the pas~a~~:e of the bill the ayes were 24, nays 0.

The bill haYing reeeiYed the requisite constit.nti:onal nuijorit.y was pas:;ed.

By )fr. Wilkes-

..:\. bill to incorporate the tO'\Til of :lleigs, in the county of Thoma;;.

L"pon the passage of the bill, the _ayes w~re 24, n-a~s 0.

The bill ha~"i.ng rec.eiYed the requisite constitutional majority was passed.

By )fr. I.mnce-

A bill to amend the charter of the tmrn of BlairsYille, in the county of l"nion.

F pon d:fhe passage of t11e bill the ayes were 25, nays 0.

The bill hoaving recein1.l tlm requisite constit-utional majority was passed.

B: )fr. Reid-

A bill to nmend the a0t creating a city court in )facor.., J3ihb c-ount~-.
36s

562

JOURNAL OF THE SENATE.

L"pon the passage of the bill the ayes were 2G, nays 0.
The bill having receind the requi5ite constitutional majority was pa.s5ed, as amended.
Amend by striking section three of said bill and properly mun1ering the following sec1ion.s.

By 1Ir. :JicDo-naldA bill to estrublish a city court in Gwinnett county.

The bill was tabled.

By :Jir. :Jic:Cook-
A bill to 13mend the clwrtc'l" of the tom1 of Cu55eta, in the county of Chattahoochee.

l' pon the passage of the bill the ayes \Yere 23, nays 0.

The bill kwing receiYecl the requisite constitutional maj ority was passed.

By 1lr. Adams--
..,\.. l,i!l to anthorize the eity of Thomailton to i.s:0ue and :;ell bond:;, not to exceed $1,000.

L"pon t1he pa.seage of the hill the nye.s were 23, nays 0.

The bill hming recc-iYcll the requi:'ite c-onstitutional ma.iorit.Y was passecl.

A resolution for the relief of Xick E:ing.

FRIDAY, DECEli:BER 10, 1897.

563

r pon tlle passage of the resolution the ayes were 2-!.
nay;; 0.

The resolution haYing received the requisite constitutional majority \YHS passed.

By ::'IIr. Wright-

.\. bill to mneml the charter of the town of Rockmart.
r pon r.lle passage of the bill the ayes were 23, nay~ 0.

The bill lutdng recei,ed the requisite constitutional majc.1ity wa;; passed.

By )lr. Rutherford-

A bill to anwntl an act. ineOI'j)Ont.ting the tow11 of Cullotlen, in the eonnty of )[onroe.

L pon the pas5age of the bill the. ayes were 23, nays 0.

The bill haYing recC'in'd the requisite constitutional majority wa;; pas~C'd.

B~c )Ir. R.ut,herford-
A bill to crC'ate a Board of Oommissioners of public property antl finance for the county of Moilll"oe.

Lpon t,he pa<"sap:e of uhe bill the ayes were 25, nays 0.

The bill haYing r('('eiwd the requisite constitu:tioml majority ''~as passed a;.: amended, and the amendments wen~ as follows:

lst. AmHHl b.' striking fi'Om section 4 all after the word "commi~-::,ioners'' where it. fir;;t occurs in the si.xth line

564

JOUR~AL OF TUE ~E~ATE.

of said section, and insert in lieu thereof the fol1owing: "That said CJommii:sioners while acting as such are disqualified fi'Om holding any other {'Otmty office, but they may be. members of tJ1e General Assembly, and may elect one of their body superintendent o.f puiblic roads, for said county, whose du,ties shall be denecl by a majorit,'' of ~aiel board and \v1lwse salary sh~all also be fixed by a majmity of said board, and satid commissioners may be officers of the militia, and are exempt from road and jury duty."

2d. Amend furthet\ by ::t,riking fl'Om section 5 in the fifth line of &amcl section, the "orcls "no per diem" anJ insert the followil1g words in lieu thereof, "the same per diem a.:; is aUo.wed the other eommissioners."

By )Iessrs. Calloway and ~-\..rmstrong-

A bill to pi'otect bicycle ways in the county of \Yilkes.

L"pon t!he passage of the bill,the ayes were 23, nays 0.

The b~ll haYing receind the requi:0ite constitntiona1majurity was passed.

By Mr. )feiJanghlin-

A bill to ineorpora1te the town of S>t:. )larks, in the count.' of }feriwether.
Upon t!he passage of the 1bill :the ayes were 23, nays 0.

The bill having receind the requisite C'On:stitntional mnjority was passed.

SATURDAY, DECE)IBER 11,1897.

565

By ~Ir. Collum-

A bill to create a Boa1d of Commis~Sioners of Roads and Revenues for the county of Schley.

Upon the passage of the 1bill11Jhe ayes were 23, n:ays 0.

The bill hHing received t.he requis~te constitutional majority was passed.

Leave of ahsence was g'ranted Senlator Stewru.i, of 34th district for to-mm-ro~Y.

Upon n101tion of 1Ir. Dnnwody, the Senate. adjourned until to-morrow at 9 o'clock.

Senate Chamber, Atlanta, Georgia, Saturday, De~ember 11, 9 O'clock A. :1\<I.
The Senate met pursU'ant to adjournment, and was called -to order by the President.
Prayer IYas offered by t:he Chapl1aan.
Upon motion of 1Ir. Cuh"er, the roll-call mas dffipensed with.
The Journal of yesterday was read .anl apptoved.
Upon motion of Senator Shropshire, House bill No. 805, 1v'as reconsidered and recommitted to Committee on Special Judiciary.
1ir. Oa1'ter moYed t.o 1;econsidm the action of yesteu:day on Sen~ate bill

566

JouRNAL OF THE SENATE.

By :Nir. OaTter-

A bill to vest in the V'o.ters o this State certain powers and privileges.

Upon the reconsideration, ~Ir. Carter called for the aye;; and nays, which call "\\'nS sustained and t.he vot.e was as follows:

!Those voting in the a.:ffi:rmative were ~fessrs.-

Allen, Brooke, Carter,

Flynt, Hopkins, Kilpatrick,

Strother. Turner. .

ThOS'e voting in the negative were J\fessrs.-

Blalock. Brinson, Cook, Culver, Dunwody, Flewellen,

Geiger. Golightly, McFarland, Sheffield, Shropshire,

Starr, Walker of the 40th, 'Vestmoreland, Witcher, Wooten.

Th'OSe n'Ot voting were Messrs.-

Atkinson, Battle, Castleberry, Comas, Everett, Goldin, Gray,

Ham, Hudson, Kemp, Mann, Redwine, St&vens, Stewart of the 27th,

Stewart of the 34th, Thomson, Van Buren, Walker of the 18th, Wilcox, Mr. President.

Ayes 8. Nays 16.

The motion was lost.

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

SATURDAY, DECEMBER 11, 1897.

567

M1. President:

The :House has passed iJhe foUaw'.ing bills, by the requisite c-onstitutional majority, to wit:

A bill to ;appl'Opqiart:e $10,000 to the rtrust.e.es of the U niversity 'Of Georgia, to establish a textile department in th-e Strute Technological Scl1Qiol.

.Also, a bill to authorize county boards of educa,tion to provide bonds for the use of common schools, etc.

The House has also passed &.e folloWing ibill of tlhe Senate witlh. an amendmen't, ~n which the coneu:r.rence of the Senate is asked, to wit:

A bill to .amend paragi~aphs two 1and tJhree df sectyon 3 of
article 6, 'and pa'l"agraph one of section two l()f artide 6 of the Constitution of 'this 'State.

Upon motion of lfr. Oook, the following House bill wa~:~ read the second time and roooonmitted to CommitJtee on Penitentiary:

By Special CommitteeA bill to crea,te a prison commission in the State.
Tlhe spec~al order, whidh was 'Senate 1bill Nio. 93, was temporarily displaoed.

The next _special o~der was House bill by

~fr. Hightower-
A hill to establish and maintain a dispensary in the city of Bl:akely.

568

JoURNAL OF THE SENATE.

Mr. Oarter moved to l'rClousicler tlhe action of t.he Senate in agreeing to repor't o committee for the pUl'pose of offering an amendment.

The motiO'D. was lost
Upon motion of :hir. Kilpatrick, th~ call -of the Senate
was had.

The follo"\\-ing is the >Ctall:

Blalock, Brinson, Brooke, Carter, Cook, Culver, Dunwody, Flewellen, Flynt,

Geiger, Golightly, Gray, Hopkins, Kilpatrick, McFarland, Sheffield, Shropshire, Starr,

Those absent were Messrs.-

Allen, Atkinson, Battle, Castleberry, Comas, Everett,

Goldin, Ham, Hudson, Kemp, Mann, Redwine,

Present, 26.

Stevens, Strother, Thomson, Turner, Walker of the 40th, Westmoreland, Witcher. Wooten.
Stewart of the 27th, Stewart of the 34th, Van Buren, Walker of the 18th, wilcox, Mr. President.

There was a quorum present.

Upon the passag-e of the bill the ayes were 23, nays 3.

The bill ha.ving received the requisite constitlllt:.ional majority was passed as ~amended.

SATURDAY, DECE.MBER 11, 1897.

569

.~mend by striking rhe worcl.s "tJhree o[ whom shall be c!itizen.s of Blakely" from tJ1e .fili line, and uhe words "tal-ing care always that tln<ee of said C'ommi.ssionil"S shiall reside in Blakely" from the .ft.een~h, sixteenth and se:venteenth lines in :t!he .rst section of tihis bill.

Also, amend by adding at the end of section twelve the following words: ":Sor sha.U said municipal authorities imlJose any tax or licen~e fee upon 'the dispensary established by this act."
)Ir. Kilpatrick, Chairman of Committee on Railroads, wbmitted the following report:

Mr. P.res-iden.t:
The Co1mmit:tee on Railroads have had unde.r consideration the following House bill, which they instruot me to report back to the Senate with the recommendaJtion t:ha.t same do paES, to wit:

.A. bill to oonfirm an ac.t incorporating the Carter3'ille an:d Gainesville Air Line R. R., and for otheT purposes.

The oommittee recommend that tJhe .following Senoate bill do pass, as amencled, to wit:

A bill to prevent tramps ancl others irom stealing rides on railroad trains.

The e<ommitttee also recommend ihat tihe following Sen: ate bill do- uQit pass, t>O wit:

A bill .to make it unlawful :for l'ailroacl corporations to charge over two cents per mile for passenger transportation.

570

JOURNAL OP THE SENATE.

Tihe oommitttee also recommenda tllJat the :follo,wing House bill do not pass, to wit:

A bill to amend the Cod-e relrutive to the pUiblicat.ion of schedules, rates, et'c. o:f railroad conuuissioners.

Res-pectfully submitted.

J.D. KILPATRICK, Chairman.

:Mr. Culver, Chainn.a.n o:f Committee on Sta;te o:f Republic, submitted tih-e following report:

AJ r. PreS.id.ent:

The Oommittee on St.ate o:f Republic have had unde'l" considerrution the :following House resolution, which they instr1.mt me to report hack to the Senate with tlre recommendation that same do pass, to wit:

A resolutiQn memorializing Congress to pass a silver measure.
Respectfully submitted. JOHN L. CULVER., Ohail'ruan.

By UTIIanimous consent, Senate bill No. 164 was withdrawn by autho-r.

Under regular order, the followting Senate bill was read the third time:
:By :Mr. Gray-
A bill t!o extend the corporate limits o:f FoTt Valley, in Houston 'C'onnty.

SATURDAY, DECEMBER 11, 1897.

571

Upon the pasaage of the bill the ayes were 23, nays 0.
The bill htaving received tfue 1-eq_uisite <COnstitutional majority was passed.
By Mr. Starr-
A resolution providing tJmt the President of Sena:te, Speaker of t.he House, Secrf'<bary of Senate and Clerk of House remain at capitol five days after session tto finish the bnsine'88.

Upon the adoption of the resolution the ayes were 24, DllYS 0.
The resolution having recehned the requisite constitutiolllal majority was passed.
:By Mr. Golightly-
A bill to rearrange the Stone }fountain anl Coweta Judicial Oircuits.

Upon the passage of the bill the ayes were 23, nays 1.

The bill Th'avim.g recejved the requisite eo:nstit.utional majority was passed as amended.

1. By adding to the caption the words "a hill to be entitled an" before the word "act."

2. Amend by strih..-ing ater the word "circuit" in the third line 'o.f th'e Claption of the act the following words, to
wit: "and ro clrange the time of :llolding lthe superior court
of Campbell county."

572

JOURNAL OF THE SENATE.

3. Amend by striking all of sootion 2 ,after the ward "be" in the third line thereof, and by adding in lieu thereof t.he following wo:rds, to wit: "the same as tha.t now :fixed by law."
. Amend by striking all of se-ction 3 of said aot.

5. By numbering section 4 seetion 3 of said ac.t.

By }lr. Wilcox-

A bill to require the authorities of Oo:ffee county to pay certain costs to the officers of said oounlty, as now prt)vided by law.

L pon the passage of the bill the ayes were 23, nays 0.

Tlw bill havi'llg received the requisite ccmsti.tutional majority was passed as :amende'Cl.

1. By .swiking from the s'\enth line of secti-qn 1 the \\"ords "in the penitentiail'Y of this State or."

2. By striking from section 2 of sa.id bill in line three the words "in the penitentiary of this St.ate or."

By Mr. Goldin-

A bill t'o make it unlawful for any person to pay money or other things of value to S'ecure election.

Upon the passage of the bill the ayes were 15, nays 9.

The bill not h'a.ving rece:ivecl the requisite constitutional majority was lost.

By unanimous consent, Senate bill No. 134 was withdrawn by the author.

SATURDAY, DECEMBER 11, 1897.

573

The following Sena.te bill was takern from the table with adverse report. from C'Ommittee:

:By Mr. Berner-

A bill to regulate the fees of attorneys and receiYers oi
corporations.

Mr. B&ner rrwved to disagree to the report of the committee, and upon this ~Jr. Blalock called for the ayes aml nays, which call was su&txunel: and the '"ote wa:; .as follows:

Th<JSe voting in the affirmative were }fessrs.-

Blalock, Brooke, Carter, C11lver, Flewellen, Flynt,

Geiger, Gray, Hopkins, McFarland, Sheffield, Shropshire,

Starr, Strother, Turner, "\Vestmoreland, Witcher, 'Vooten.

Tiho&e voting in the negative were Messrs.-

Brinson, Cook, Donwody,

Golightly, Kilpatrick,

Thomson, Walker of the 40th.

Those no-t voting were :M:essrs.-

AUeo. Atkinson, Battle. Castleberry, Comas. Everett, Goldin,

Ham, Hudson, Kemp, Mann, Redwine, Stevens,

Stewart of the 27th, Stewart of the 3-!th, Van Buren, Walker of the lSth Wilcox. Mr. President.

.AJi3 18. K ays 7.

The report of the ocommittee was disagreed to.

574

.JotT!t);AL OF THE SENATE.

The bill was tabled for the present.

The :following message was re-cei.-ecl from the House through !Ir. Hardin the Clerk:
Jlr. President:

The House has cmicurred in the following Senate resolution, wiith :an amendment. thereto, in which the concurrence of the Senate is asked, to wit:
.:\. re.;olution pmYiding t:hat when the Gene-J."al A~--embly adjourn to-da~ it. t.ake a reN'~ until :::\Ionday, ooun.ting Saturday and Sunday non dies.

The following Senate bills were read the: secon'd time:

By ::\Ir. Flewellen-

.A bill to prevent tramps or oth-er people from stealing ride;;; on trains.
ny }fr. J3enwr-

..:-\..'bill to ineO!I.-porate Insurance Companies whose power i::: to insure against robbery.

The following Senate bill ,,as read the second t.ime with adnr::;e re:port from committee.

By :::\fr. Cart.er-

..:-\. bill to make it illegal for any railroad to charge more than t-wo cents per mile.

:::\Ir. Carter moYed to di"agr~e to the report of the committe'<', "hich motion was l~t.

SATURDAY, DE<.:El\IBER 11, 1897.

575

The report of t1he committee \\'as agreed to and the bill loot.
By unanimous con'*'nt, the following Senate resointit)il was take-n np to concnr in the Honse amendment:
By :Jlr. Gray-
A rewlnt.ion striking the 12th day of December frorn the fift~- days and ext~nding the sess.ion until Thur:"day, next..
Amendment \\a;; C'oncnrred in.
)Jr. Starr, Clmirman pro tem. of Committee on Engroe.,.iug, snLmit<ted the foHowing repo1t:

Mr. President:
The Commitltee on Eng:ro:":"ing ha.Ye examined antl fnnntl duly e:ngros;;ed and really to be trans-mitted to the Honi' tl1e following Senate bills, to wit:

~\. Lill to r{'qnirc jnstices of the peace to hold county cmwnt.ion;,: to reg:nlate the time of holding their respcc.tin~ (nuris.

~\ho, a hill to change the Eastern Circuit and cnate a ne\\ circuit to be known as f.he ~\tlantic Circuit

R<.->Spcc.tinlly snbmitted. 0_ X. S'L~RR, Chairman pro tem.

}fr. Tnrner, ('.lwimmn of Committee on Elec.tious, snbmit.~etl the following report:

576

JOURNAL OF THE SENATE.

Jb. P.residen.t: The Oommitt.ee on Privilege;; and Elections have had
unuer consideration the following Hou:;e re.solut.ion, whieh they instruct me to ~report hack to lthe 8enMe with bhe recommendation thtat same do pa;;:;, to wit:

A resolution .appr01pria.t.ing per diem .and ntile.age for Hon. Joseph H. Polhill and Ron. Jame-8 Stapleton.

Respectfully submitted.
w. W. Tt.TRXER, Chairman.

:Jfr. GoJightly, Chairmam. of the Committee on Corporations, submitted tihe following report:

JJIr. President:
The Committee on Corpo:rations have had under consideration the following House bill, which I am directed to r1port back, with ohe recommendation dl'll't the s.ame do pa,;s, as amended, to wit:

House bill Xo. 821, to amend the charter of Fitzgerald.

Respectfully submitted.

J. F. GOLIGHTLY, Chairman.

:Jir. Starr, Chairman pro tem. of the Engros:>ing Committee, :;nhmibted the follo,Ying report:

Mr. Presi-dent: The Engro,::"";'ing Committee find duly eng-rossed and
ready to be tl'ansmitted to the Home, the follmving bill and resolution, to wit:

SATURDAY, DECE:\IBER 11, 1897.

577

....-\. bill to extend the limits of the city of :Fort. Yalley.

Abo re:::olution allowing the Pre>lident of the Senate, Speaker of the House, Secretary .of Semrute, and Clerk o! the House to remiain at the capitol fiye days to finish up the business.

RespecH'nlly submitted. 0. X. STARH, Chairman pro tem.

)fr. StmT, Clmirman pro tcm. of Committee on Engrossing, submitted the following report:

Jl1'. J'ro'ii1hut:
The Commi Mee 011 Engro;;.;;ing haYc exnminetl and found duly engr~);;,;;(d and nady to be transmitted .to .the Honse, the oll()lwing: Sc'uate hill, to wit:

A bill to rcnr~ang:<> Stoue )[onnhlin nutl CO\nta Cil\~nit:;. Re,.pectfnliy ,;nlnnitteu.
0. X. STAHR, l'h~1irmnu pro tem. The following Hnn"e hilb were re~Hl the fir,:t. time:

By J.Ir. Thomas nf ( 'Iarke-
"\_ l>ill to ant~ul'liz<> rl1P county ibonnls of education to provitlc bnok:; for thcir usc.

Rcferretl to C'ommittPe on Education.

By :Jir. Roiicnillf't-
..:\. bill to appropriat<' $10,000 to t'5tablish a textile departmen( at t.he rnin.w"it~- of Georgia.

.578

JouRNAL oF THE SE~ATE.

Referred to Committee on Finance.

The following House bills were read the second time: By )lr. Felder-

A l'esolution paying mileage 1to Ho.ns. J. H. Polhill
and James Stapleton.
By :Mr. Durham-

t\. bill to incorpo!l"a:te the Carters\ille and Gainesvill::..A.ir Line Railroad.

The following House bills were read the thinl time:

By )leo;;rs. :\Ioore and Cole-
A bill to establish a ci.t.y comt in Carrollton, in the county of Oarroll.

Amcmlments were adopted, and bill \\"415 tabled.

By )lr. Ilcnder50n-
A bill to ameml the ch'arter of the city of Fitzgerald, irr the eount.y of Irwin.

Upon the passage o <the bill the ayes were :.!!3, nays 0.

The bill having received the requisite constitnt.ional majority \Yas pase.Pd as amended.

1. .AmenLl by striking all of sections 10, 11, 12 and 13 of ;;aid aet.

2. Amc11Ll by striking after vhe '\\"orcl "authority" in the

SATURDAY, DECE)IBER 11, 1897.

579

third line of .section 13 all of .second section clo:wn to the word "two" in t-he 13th line of .said section.

3. .Amend by striking after the: word ":3a.id" in r:he second line of section 18 the words "Board. of Educ.a:tion," and inserting in lieu thereof the words "city of Fitzgerald," and h~- E:tJ.'iking Z~fter the wora "said" in the fifth line or said secbion 18 the words ".;,c<hbol district" and inserting ihe words "city of Fitzgerald."

4. Amend by changing the nnm,hers of the sections ;;o as to nmke them eonfirm t:o these amenchnent.s.

By Jlr. Boynton-

..:\ bill t.o esh1blish a (i ty comt in rhe city of Griffin.

rpon the pas;:.age of the bill the ayes were 23, nays 0.

The bill having rereiwd the requisite con.stitutionalmajority was pM..;;ed.

By 1Ir. Enni::.--

A hill to establ.i;;h a sy"tem of pnblie schooh in the city of Rome.

Fpon the pa>'s:ap:e of tlH~ hill tl1e a~es were 25, na;s 0.

The hill having rerc:in>d the req11isite consti<tntional majority "as pnssed, h: substit.nte.

By )fr. Boifenillct-

.A bill to amewl the c-harte'l o.f the city of }facon.

580

J OURXAL OF THE SENATE.

The bill having receiYctl t.he rcqni::;ite cun.::titntional maj'ority was pa~ed.

By .Mr. Wight-

..c\.. bill to est.atblish a city court in the city of Albany.
l'pon the pa~,;age of the bill the aye,; 1nre :!, 11<1~s 0.

The hill haYing rcceiYed r.he reqni:;ite emt~titntional majority was pMi!ed.

The motion of }fr. Dnnwotl,', ttha.t "-hen the Senate adjonrn;; it meet at 7:30 o'dock this eYening-, wa,;; ('arried.

}Ir. lhn,\\'Otly mnYetl thnt thL :'f":'='iou he e:-.:ttmlctl nnti!

1 ::Jll o'elock, whieh motion wa,; earrictl.

R.' .:\Ir. }leldrim-

.\ ],iJl to f'lll<H'g"e the jnri~tlietinn of tlw eity l'Hlrt of S.t-
YHlll:ah.

T!w hill h;wiug- reteintl the l"('tpli,.ite cnn,.;titntioualnu:inri~;. wa,; Jl<l"'-'P'l as amc-w1Pt1.
.\nwnol ;..el'tion 1 h." a.ldiili!' <It the cntl nf ,:(ttinu .1 the f.,Jl, 1ring: ''PtmidPtl, tltnt llthiu~ in thi~ a<t ;hall be <on~tnll'tl .~o ,iS t.o dimiui,.:h tlH l'<llllpcu,.:atiuu f th{ ~n1iei tnt'-gl'IH-l"<ll of thC' Ea::.!Pm ;J ntli;ial ( 'irtuit n,.; nmY fixell hy l.nL ~\wl the ;:;aill ,.:o]i,itnr-p:t>neral ,-hall he eutitle,l to r1-eein ont of tlw (onnty trea,;nry of Ch'atham cnnnty, in l'a<"h ralemlar y<'ar on hi,; in,:,.Jnnt en,:r,- ],j)],; the ,;nm of

SATURDAY, DECE)fBER 11, 1897.

581

$1,000, whieh amnnnt ~hall be llnc mHl payable during the month nf ,"Janwu.'" nf C'<H'h C'tllcn,br year on bill properly certified to h~- the judg-e of nbc ;;nperior eonrt. of Cha.tham county. aJHl the jntl!le of the city eourt of SaYa.nnah, each for the >'lllll of :1;~00. Thi;.: aC't. to he effeC'tin' in ;;:o far a;; it atf{'-;t,:; the cnmpPlFat.inn of t.hc ;;;olicitor-p:Pncral on Jnnnar,\' 1, 1~Df', and tht> enunty trt>n;;nry shall he liahle for the firM nmmal p<l,nnent to the ;;o]icitor-genPral dt\ring th.-o mouth of Jauu.u,,-. 1::-.Hs.

2. Anwntlment ;to :lmPndment: Amend b~ striking all of the word,; after t.he figur(-'.5 "18!)8'' in the 2Dth line of the first png0 of the nme1Hlnwm.

~Ir. Golightly, Chairman of the Commiu.ce on Corpontion, t"HhmittP1l the fnlln\\'ing report:

Jb. Prr.r,idcnt:

Tlw Commit.tPP on Corporations lwn h:ul umler consid<'rlltion the fnllo,,ing Ilou;:,e llill, \\"hich I am tlireded to report baek with the reemnmendation tlmt tlw ;:ame do pa-5;:, to wit:

IIon;:e bill X o. 7os, to re'l1eal an act ereating a Board of Commissioner,- of Road:> and Renm1es of IIabl'rsham
connty.

Hc:.p{etfnlJ,,- snhmitted.
J. F. GOLIGHTLY, Chairman. By ilfr. Copeland-
A bill to amend t.he <i.harter of the t.mm of LaFayette,
in the connt~ of \\Talkeu.

582

JOURNAL OF THE SENATE.

upon the passage of the bill t1le ayes we-re 23, nays 0.
The bill haYing receiYr:d the requisite constitntionalmaj ori ty- "as pa.ss-ed. By :Jir. ::\Ieldrrim--,
A bill to ext-end the jurisdiction of tJ1e wunty authorities of Chatham county for sanitary purpo;:es.
l~pon the passage of the bill the ayes \Yere 23, nays 0.
The bill haYing receiYed the requisite constitutional majority \Yas passed.
Senator Een11p was exr>u;:;ecl on .account of sickne",s.
upon motion of :Jir. Golightly, tl1e Senate adjourned until 7:30 this eYening.

7:30 O'clock P. }f. The Senate met, pursuant to adjournment, at 7:30 o'clock, and was called to order.
'Upon motion of :Jir. Ho-pkins, the call of the roll was dispemecl with.
r nder regular order, the follO\Ying Honse bills were read
third time, to be put upon their pa;:;sage:
By :Jir. :J[ozley-
..:\ bill to e::;rablish a city court in the town of Camilla, in :Jiitchell county.

SATURDAY. DECEMBER 11, 1897.

583

Upon motion of ::Jlr. Bl-alocik tihe bill was tabled. By "Jlr. Boynton-

A bill to abolish the eity court of 'Spalding county.

The President ordered Rule 91 read.

Upon motion of ::Jir. Tm'Il-er, a call of the Senate was ordered.

The roll 'Was again called.

The following is the call:

Allen, Atkinson, Battle, Brooke, Castleberry, Comas, Culver, Dunwody, Everett,

Goldin, Ham, Hudson, Kemp, Kilpatrick, J\Iann, Redwine, Sheffielcl,

Those absent were Messrs.-

Blalock, Brinson, Carter, Cook, Flewellen, Flynt, Geiger,

Golightly, Gray, Hopkins, ::\IcFarland, Shropshire, Stevens,

There was no quorum present.

Starr, Stewart of the 27th, Stewart of the 34th, Thomson, Van Buren, Walker of the 18th, \Vestmoreland, Wilcox.
Strother, Turner, Walker of the 40th. Witcher, Wooten. Mr. President.

"Cpon motion of ::Jir. Hopkins, the absentees were called and sent for.

The roll was again called.

584

JOUH~AL OF THE SEX.-\TE.

Blalock, Brinson, Carter, Castleberry, Comas, Cook, Flewellen, Flynt, Geiger,

Golightly, Gray, Hopkins, Hudson, Mann, McFarland, Sheffield, Shropshire, Ste,ens,

Those absent were J\fessrs.-

Allen, Atkinson, :Battle, Brooke, Culver, Duriwody,

Everett, Goldin, Ham, Kemp, Kilpatrick, Retlwine,

Strother, Turner. Yan Buren, Walker of the 40th, 'Yilcox, Witcher,
"~ooten,
l\lr. President.
Starr, Ste"art of the 27th, Stewart of the 3.fth, Thomson, Walker of the 18th, ""estmoreland.

Present 26.

rpon motion of .:\fr. Turner, Senator Carte-r ,,.,1,0 excused
.for being ah.~ent.

rpon motion of .\fr. :.\IcFarlantl, Se-nator Sheffield wa:; ~~;ensed for being absent.

The following bill \\a:l taken from t.he table and pnt. upon its p;lssage:

By )lr. :JiozleyA bill to establish a city court in Camilla.

'Cpon the passage of the bill the ayes \\'ere 26, nays 0.

The bill, haYing recein>cl the requisite comtitutional n,ajority, was passed.

SATURDAY, DECE)fBER 11, 189i.

l)8.5

l3y )fr. Boynton-

.A hill to aholi;:.h the rit;Y eonrt of Spal1ling eonnty.

Upon the pa;:.>'age of the bill the a:'e;; \Yere 26, na~,; 0.

The hill, haYing rreeiw'd t.liC' recp1i;;ite con;:.titntinnal majority, was pn,o,;:r(l.

l3;r :JI r. :JI('DonahlA bill to rt"t'ahli"'h a cit~ conrt in G winnett eonn t~. Upon the pa;:.;;:age of the hill the ayes were 26, na~s 0.

The hill, haYing reeri,ed the r-eqni;,ite con;;titntional majority, \\"<1:' pn~;;e(l,

By )[r. Dnnean-'\ bili to prc~t-eC'.t fhh in the \Yaters of J_,ee eonnt~

Upon the pa~-'agc> of the> bill t.he ayes were 26, nays 0.

T'he bill, haYing receired :the requisite constitutional majority, was pas."JC"(l.
By ::ur. \Yip:ht-
A bill to ('i'tahli;:.h the rounty court of Dougherty C'onnty.

Upon the pa55age of the bill the ayes were 26, nays 0.

The bill, lnning r-ecei,ed t.he t-eqni;,ite const-itutional majority, "as pt::::.Bed.

By )lr. BrannenA bill to rnoyid-e for issuing license to sell spirituous
liquors in Bullo-ch county.

586

JOURNAL OF THE SEXATE.

Fpon the passage of tbe bi1l the ayes were 26, nays 0.
The bill, having reee:ived the requisite constitutioll'al majority, >Yas passed.
Also, a bill to ptovide for compen.:;a:tion of &dinary in Bulloch county.
Upon 11Jhe passage a llhe lbill t.he ayes were 25, nays 0.
The bill, having received the requ~ite constitutional majority, was passed.
Upon motion of )fr. Cook, House resolution was withdrawn from Filllance ;Committee and recommitJteed to Committee on Appropriations.
B;v )lr. :lfont,fortA bill to esta-blish a bctard of commissioneTs of roads and
re.-enues for the county of Taylor.
Fpon the passage of the bill the ayes were 26, nays 0.
The bill, having receiYecl 1.1he requisite constitutional ma: jority, was passed.

Also, a bill to amend the county couut laws in Taylor county.

Fpon the pa-;sage a the ibill the ayes were 25, nays 0.

The bill, ha.-ing received the requisite constitutional majorit~-, was 1iassed as amended.

_.\.mend by striking all of the "1ords in sedion 2 of saitl bill after the word "com1ity" in t.he fi:th line of said section-

SATURDAY, DECK\IBER 11, 1897.

587

1fr. Blalock, chairman of Committee on Finance, submitted. the following rep01t:

Jlr. Prcsi<lcnt:

The Committee on Finance haYe had under consideration the following Home billi:, which they inst.ruct me to rep-ort hack to the Senate with the recommendation that sam~ U.o pass, to wit:

A hill appropriating $10,000 for esta!hllilhing a textile de~ l)artment in the Technological School.

The committee recommends that the following resolution do pass, to wit:

A resolution to refund certain moneys to D. B. Leonard.

Respeotfully submitted. A. 0. BLALOCK, Chairman.

)Ir. Stevens, chairman of Committee on Appropriations, submitted the following report:

Jlr. President:
The Committee on Appropriations h'aye had under conbicleTation the following House 'bills, which they instruct me to report back to the Senate with the reeommendation that same do pass, to "it:

A rbill to appropriate $4,917.43 to pay expenses of investigation of charges against Judges Reese and Sweat..

A bill to a;ppropria.te an additional amount for pensions of indigent soldier;;.

588

JounNAL OJf 'l'IIE SEXATE.

Th{' committ.re also recommend that the following resolnti,Hr clo pa.ss, to wit:

A resolution aprnopr-iatinp; $!ll-l for wat<>r-main at Lunatic ..:\;;;dnm.

...:\. resolution appropriating $1.800 to pay per dil'lll and exp:.-nse.:: of Blalock inn,-;tigating eonunit.tee.

~\. resolution appropriating $280 to pay joint committee anpointe<l to confer with pre:>i<lent of hoard of tru:'ltees of cniwr:;ity of Georgia.

..\ rP50lntion appropriating $87.21) to Commi:'Siorwr o1 Pen~iom from December 13 to DrrPmhPr 31, 18fl7.

.:\. rPsolnt,ion appropriating $:-iOO to pa~ Pxperot aeconnt aut.

The committee reromme1Hl that t.he following resolutions he read sec-ond time and !"('committed, to wit:

..:\ joint resolnt.ion to appropriate $2,000, defieit 'in the .\grienltmnl Department.

A joint resolution to pay porter $30 for twent.;y-fiye days' sPtTic:e in the Honse.

A joint resolut-ion JWOYi<ling for the pa,nnent of door kPepPr in House appointed b~- joint twolntimt.

A r<'o"olntion appropriating $2,000 to repair the State eapif'ol hniJ.ding.
Re~peetfnlly submit-ted.
0. B. STEYEXS, Clmirman.

SATURDAY, DECEllBER 11, 1897.

589

B~ :.\lr. Henderson-

A bill to change the time of hollling Colquitt fall term f:nperior court.

l pou the pa;;"'age of the bill the a~e;; were 25, nay.:; 0.

The hill. hadng r<>cein,} the reqni:::ite con;;titntional mr.jority, \nh pa:::.se,l.

By .\Ir. Law-

~\ bill to prohihit. the lmt('hPring of eattlP, she-ep anl ho~~ nwlc>r ccItain circnm,-ta,mc,; in Libert,\' <onut;.

Cpou the pa,..,~age of the hili th(' ayt'=' were t;i, nay,.: 0.

The lill ]ul\ing l'l'l'l'inl thP l'Cqni~ite con;;:titntion,tl ma jority, was pa:":'('ll.

13; 1fr. Yanglm-

.\. llill rn pro\i,]e Jur tlw pa,Yl!Jcnr of or,Jinary in Twig!,!~ eonnty.

Lpon thP JHl='"<l!!e of the hill tlw aye;; were 2:i, nay,.: 0.

The llill, lwYiug neeinJ thl' l't'<Fli"itc eon:Otit.nt.iowtl wajurity, wa:< pa,.:,-cd.

\. hill tn alH>li,-h the emmty conn of C''liwh conn:t.y.

Tlw hill h,l\iug reeeind the nc tnit<ite eon;;t.itn tiounl uu j.wiry, W<l;; P<l~"e'l.

590

JOUR:8AI, OF THE SENATE.

By ~fr. Duncan-

.A hill to authorize tom1 authorities of Perry to i;:;;;nP. bonds.
. rpon the passage of the hilJ the a~TS were 25, nay;; 0.
The hill, haYing reeei.-ecl the reqni~ite eon:::t.itutionalnujority, IYfiS pa&:ecl.
By )lr. Hedding-

.:\. hill to change the time of holding Pike superior court.

rpon the passage of t1w bill the ayes were 25; nay;; 0.

The bill haYing recein'd the requisite consbitutional rna jorit~-, was Pl..,.;;ed.
B~- )fr. Bowden-
~\ 11ill to rreate a board of commissioners of roads and rc-\emlc.;; in the eonnt~' of Habersl1am.

l" pon the passage of the bill the ayes were 25, nays 0.

The hill, haYing receind the requisite eonst.itntionalma j)l'it:, WilS pa;;:sed.
By ~\I r. :Morgan-

A hill to Jll'OYide for a "'";;t.em of road-\\orking in Bryan
COtllll,'".

rpnn t]w pii.Ssage of the hill r.he a:e,;: were 25, na,\5 0.

'J'he hill, haYing receiwd t.he reqni~ite constitutional majnrity, \\'H:" pa2sed.

SATURDAY, DECE11IBER 11, 1897.

591

By J.lr. Bennett-

A bill t.o aut.horizo the conunis.;;ioner;; of roads and re,cnueJ to le,y a special tax in t.he county of Glynn.

Upon the pa.;;sagc of the bill the ayes were 25, nay:; 0.

The bill, luning rccei,ed the requisite constitutional majority, was pa.s-_"'('{1.

By }[r. OliYer--

A hill to fix the fees of c-onstables in this State.

The bill was tabled.

The se:5:;:ion was extended until 1:1 :-5 o'dock.
By 1\fr. Bowden.:\ hill to aut.horize the mayor and tO\Yn conneil of Cor-
nelia to is:me lwnds.

cpon the passap;e of the bill the ayes \Ym'C 25, na,YS 0. The bill, ha,ing rNeiYed the requisite ctm;;titntionalm.1 jorit.y, was passed. By ~lr. 'l"~lwmas-

A bill to <rea.te a board of eommissioner.;; of road;; and tevcnne;; for the eonnty of Clarke.

Upon the pas::agc of the bill the ayes were 25, nays 0.

The bill, haYinp; recei,ed the reqnii'ite constitntiL)naltwt jority, was passctl.

592

J OUltNAL QF THE ~EN ATE.

By ).lr. Slaton-

~\. lJill to nmeiHl the charter of the wwn of Oakland.

Fpon the pa;;,;age of the bill the ayes were 25, nays 0.

Tl:r bill, haYing rrce.iYetl t'lw recp1isite con.;;titntionnl majority, was pns:':ell.

B.' ::\lr. Hamby-

~\ bill tn regulate the eatc:hing of fi;;h w Tallulah nver in Halnm t'llllllt.'

Cp.m the pa:'>'agr of the hill the aye:- wtrc 24, ll<l~;: 0.

The ],jJl lwYing rr<rincl the requi,;:ite emJ;:titnti"nnl majc.rity, wa,;; pa3:'etl.

Hy )I r. :Jiozlcy-

:\.hill to p;;tnl,Ji~h a "."''trm nf pnhli< ;;('l]l)n),; in .\.utcn, ( 'ohl, ('flllllty.

The hill, hnYing r<<ein.l the rcqni;;it(' <cm,:titntinal majori:y, wa;.; pa";;(<l.
By ).f r. blgl'-
.\ hill to <nntc a ltn;ll'<l of emmui;;;;iuiwr;.: of ro:ld;; awl l'l'H'llll(" iu tlw <otmty n:f -:'Ifarion.

Till' ltill, h:tYing rc('eiYPtl the rtqni;;itc <cm;:titntinalmajority. wa:; pa;.:,..rl as amended, hy ime-rting after fhc word "t"onnty'' in the Srh line of scetion G the following: "with-

MoNDAY, DECE)fBER 13, 1897.

593

in rhe limitations 1)rescribed in section 1039 of the Penal Code of 1895."

The hour of adjournment haYing arrived, the Senate stoud adjoumed until :llond:ay morning at 9 o'clock.

Se1m.t.e Chamber, .A!t~anta, Georgia, )[onday, December 13th, 9 O'olock A. M.

The Senate met pnrsuant to adj'Ournment, and was called to orde.r by the President. protem.

Prayer was offerecl by tJ1e CJ1aplain.

l'pon the can of the roll the fol1owing mmnbers a.nswered to 'their names:

Atkinson, Blalock, Brinson, Carter, Castleberry, Cook, Culver, Everett, Flewellen, Flynt, Geiger,

Golightly, Gray, Ham, Hopkins, Hudson, )!ann, McFarland. Redwine, Sheffield, Shropshire, Starr,

Those a:bsent were 1Iessrs.-

Allen, Battle, Brooke, Comas,

Dunwody, Goldin, Kemp, Kilpatrick,

Stevens, Stewart of the 27th, Strother, Thomson, Turner, Walker of the 18th, Walker of the 40th, Wilcox, Witcher, 'Wooten, Mr. President.
Stewart of the 34th, Van Buren, Westmoreland.

The J onmal of yesterday was r1ad and approved.
38s

594

JOURNAL OF THE t5ENATE.

M:r. Turner moved to reconsider the ruction of the Senate on Saturday on the following SenaJte bill, which was lost:

By :llr. G-oldin-
A 'bill to make it unlawful f.or any person to pay money or oifuer thing of value to secure election.

The :bill was reconsidered.

The fo<Uowing Sen!ate biH was Tead ~hird time to be put npon its passage:

By Mr. FeweUen-
A fbil'l to prohibirt any person or tramps from stealing rides on trains.

Upon tfue passage of 1the tbiH 1Jhe -ayes were 26, nays 0.

11he bill, having rec-eived the requierte corustitutional ma-
jority, was passed as amoended.

Amend lby striking from third and fomth lines of section :? the word.s "in which said railroau may run and.''

By :Mr. Berner-
A bill t.O nt,O"Ulate the fees paid -att<>rneys and reeei,ers in certa.im: ~ases.

Upon the pas;::age of the biH )fr. Carter callc'd for the ayes and nays, wh~dh cwll \\"as su:.stained, and t.he vote was as follows:

1\loNDAY, DECE:IIBER 13, 1897.

595

Those voting in the affirmative were Messrs.-

.Allen, Atkinson, Blalock, Brooke, Carter, Castleberry, Comas, Cook, Culver, Everett,

. Flewellen,
Flynt, Geiger, Ham, Hopkins, Hudson, l\lann, Redwine, Sheffield,

Starr, Stevens, Stewart of the 21th, Strother, Turner; Walker of the 18th, wilcox, "\Yitcher, Wooten.

Those voting in the negative were Messrs.-

Brinson, Golightly,

Kilpatrick, Thomson,

Walker of the 40th.

Those not voting were Messrs.-

Battle, Dunwody, Goldin, Gray,

Kemp, l\lcFarlanJ, Shropshire, Stewart of the 34th.

Yan Buren, "\YestmorelanJ, Mr. President.

Ayes 28. Nays 5.

The 'bill, having recei,,ed t;he requisite constitutional majority, was passed.

By ~Ir. Flewellen-
A bill to provide for a complete return of taxes for this State.
~lr. :Kilpatrick moYed to 't'aJble the bill, which motio11 'vas lust.

By unanimous coment, the Penitentiary Oommit.tee 'vas (xcnsPcl to have a meeting.

596

JOL"HXAL OF TilE St:XATE.

Upon adopting th~ repOl't of the committee, which \Vas iaYorable to the pas-sage of vhe bill, :Jir. Turner called for the ayes and nays, wh~C'h call was sustained, and the V'Orte was a.;; follo"vs:

:J[r. Turner mowd to withdraw the call for ayes and nays, which motion was carried.

L pon motion of :Jir. Cruter, the 1bill was tabled.

The following me55age was received from the House of Representatiws through -:Jir. Hardin, the Clerk thereof:

Jfr. Pnsi.de11t:
The Hou:>e has pas;;ed by tlhe requisite constitutional majo~ity, the following Serurute bills, to wit:

A bill to incorpo~ate the town 'Of Summerville, m the county of Chattooga.

.A.lso, a bill to incol'porate the town of Trion, m t'he county of Chattooga.

Also, a bill to amend an act establishing a system of public :0chools in rhe t.own of Haccoon.
~\lso, a bill to re<peial an ac~t incorporating the to\nl ot Summer"Yille, in the county of ChaHooga.

Abo, a biH to repeal an 'a'Ct ill'corpora:ting tJhe tmvn of Trion, in Chattooga county.

Also, a bill to estalblish a Board of Commissioners <Yf Roads and ReYenues in the county of Chattooga.

MoNDAY, DF.CE1IBER 13, 1897.

597

Also, a bill to prov1de fO'l the reg-1strmtion of V'Oters in this .State.

Also, 'a bill to repeal 1the 'act iOOOI'porating the town of Fairburn, and create a new orre for tJhe same.

The House has 'also pas;;ed <the follo"ving 'bill of 1Jhe Sen.at,e as amended:

A biH to amend t!he charter of the city of Brunswick.

Also, a hill to define the du'bies anJd to ~" the 0ompensation of i:!he treasurer of RicJhmond 'COilmrty.

Also, a bill to incorporate vhe town of Reidsville, in '!Jhe eounty of Tatnall, and for other purposes.

The House has conm1rred in the Seruate 'amendments to the rollo~ving House bills, iJ:o wit:

A hiH to :fix 'tihe sahries of the Oommisioners of Roads .and Revenues of hwin county.

Al~o, a bill to proYide for ordinaries, pro luw vice.

Also, 1a bill to repeal sention 8 of an 'act am~:mding the -charter of t'he town of Jesup.

Also, a hill creatil1Jg the city court of Macon.

Al~o, a bill rto crea!te 1a BO'ard of Oomm:isffi.oners of Road:5 .and Revooues ott \YI!lShington county.

The House refused to concur in the Sen'ate amendmentts to the follmving House bill:

A biH Ito amend an ruct imorporating the town of Newton, approved January 20th, 1872.

598

JOURNAL-OF THE SENATE.

The House has passed the following House bills by the requisite constituticmal majority:

A bill to authorize Boards of Oou111ty Oom.'lnisionei'S t() proYide court-rooms for justice courts.
Also, a ibHl to :repeal an act ~roved Decenl'ber 151fu, providing .:or the !holding of more than one office by one party, in _Ohatham county.

Also, a biH to repeal .an act estalbl1sh1ng a crty court af DeKalb.

Also, a bill to change the time ~ hqlding Superior Court in Terrell oeouruty.

Also, a bill to exempt from jt~r~- duty certain member::: of nhe ~[aeon Light Infantry.

Also, a ibiJl to amend an a:ct :regtu'a:ting the ~ale of.liquo::rs in 'foatnall CQIUD.ty.

Also, :a bill to authorize the city of Augusta 'to extend Cumming she.eil: across the right of way of the Georgia Railroo.d.

Also, a biH to -amend an IB.ct approved December 12th, 1882, to pr<Yhibit the sale df spirituous liquoT8 in the counJty of '\V':a:rtren.
Also, a bill iJo amend :an act providing for a Board of OommissrOIIl.ers for G11eerue oeounty, approved Feibruary 19th, 1876.
Also, a lbil1 to amend section 5 of an a'Ct to revive the offi<>e of State geo1og'ist, apipcr-oved ~ovember 12'th, 1887.

MoNDAY, DECE)IBER 13, 1897.

599

Also, a hiH to amend ~n .act to provide :for a system :fo'l' the town of O:<..r:ford.

Also, a bill to amend an act to rprovide for a system of public schools for Lumpkin, in SOOW'M"t county.

Also, a bill making it a penal offense for any person to set fire to grass oa woods on the la.D!ds of aTiother.

Also, a bill to permit the State to be sued in certain cases in tlhe X ortiheastern Railroad.
Also, a resolution to reimburse J. L. H'Orn, sheriff of
"\Ye!hster county.
Also, a bill to -incorporate tt!he vill-age elf Smmyside.
.:\.1~, a bill to -change the time of holding the Superior Court of Tocrell county.

. Also, a 'bill to amend paragraph 1 df. section 3, 1Jo authorize solvent gnaran:t.ee -companies I3S surety upon certain bonds.

Also, a bill to amend an. act :prwi!d.ing for the appointment or the memorial bo-ard.

Also, a hill requiring life insurr'a:nce comprunies <Yf the State upon assessment 'P'lan 1to printt on aJl their rpoiicies and 11ne.-fi.t certificates.

The following House bills we11e read first rbime:

By ~Ir. HendersonA bill t.o abolish the city court of DeKalb counrty.

fiOO

JOURNAL OF THE SENATE.

Referred 'to Committee on General Judiciary.

By :M!r. Felder-

.A bill to authorize County Commissioners in their di.scr-2ti:on tto pr<>Vi<de :lior colll't-rooms :for justioos <Jf 1Jhe peace to hold C'OUI1t in cities of over 60,000 inhabitants, .and for other purposes.

0rde1l'ed. engrossed. By Mr. Benno(';tt-

A 'bill to permit the !State, as owner of nhe Northeastern RaiiJ.I,oo.d, to sue in certain ooses.

Re:lierred to Committee on Raih'Oads.

By Mr. TimmmmaJn-

A resoluti:o:n to !reim'burse J. H. Horn, sheriff of vVeb-
ster oounty, for expenses incurred 'by 1him in defendin-g himsel! in oerbain case.
Ra:fer!l"ed w Commibtee on Appro'Priatiioons.

By Mr. Berry-

A ~biB. to require cwpo.rat.~ons doing a 'business of life iru;Ura.n.:ce :ID this ISba!te upon fuoe assessment plan, to print it in their pol~cies.

~efe:tTedto Commiiltee on General Judiciary.

By Mr. Kendrick~ A bill to ohange the time of holding Terrell county Su-
perior Court.

MONDAY, DECEMBER 13, 1897.

601

.Refen,ed to Committee on Special Judiciary. By :llir. Awtry-

A bill to Cl'eate a boa,rd 1to 'be known as the State :Memorri<al Baard.

Referred to Commi:Uee on Special Judiciary.

By }fr. Grice-

A bill 'to regulat'e the sale of irutoxicating liquors in the oom~ty of Tatnall.

Referred to Committee on Special J udic~ary.

By }Ir. DaYidson-

A bill 'ro increase the numlber o'f oommissioners of Greene county from 'three to fiY,e, and to elect ltJhem by the people.

Referred to Oom:mittee on CorporaJtions.

By }fr. Boynbon-

A bill to amend an act to inool'pora:te the town of Sunnyside, in Spalding county.

Refen'ed to Oommittee on Corporations.

By jfll'. Reid-

A bill to exempt from jury duty certain members of the J\flaicon Light Infall'try.

'Referred to Committee on Special Judiciary.

602 .

JouRNAL OF. THE SE:SATE.

By Mr. AwtJry-

A bill to runend section 5 of an act approved N01Vember 12th, 1889, and for other purposes.

Referred to Committee on General Judiciary.

By lir. McCranie--

A hill to make it a penal offense to set :fire to grass or woods on the land -of anotther.

ReTerred to OOIDmittee on Special Judiciary.

By Mr. Fogarty-

A bill to authorize the authorities of the city of Angusta to extend Cumming s'treet.

Referred to Committee on Corporations.

By :Mr. HawesA bill to amen-d an act approved December 12, 1882,
and for other purposes.
Referred oro Committee on Special J udieiary.

By lfr. Pare-
A bill ro amen-d an act esta1blishing a system of pnbli~ schools in Oxford, Newton county.

Referred to Committee on Special Judiciary.

By ~Ir. Duncan~-\ bill to repeal an act appron:d December 15, in Cliat

MONDAY DECEliiBER,13, 1897.

603

ham county, holding more than one office by the same person at one time.

Referred to Committee on Oo:rpombions. By :Jfr. Eliis-

A bill to amend an aet est:aJblishing a system of public schools in Lumpkin, Ste"vart oounty.

RefeiTed to Committee on Special Judiciary. By :Jir. Oalvin-
A 1bill to amend paragmpih one. of secJtion 3, pl'intecl in the acts of 1896.
Referred to Committee on Special J udiciacy~ The privileges of the :floor were extended to :Mr. I. \Y. McOalla during his stay in the city.

Also, to Hon. A. H. Smith of Greene county dming his st.ay in the cilty.

Also to Hon. J. \V. Robertson during his stay in the oity.

2\fr. Starr, chairman pro tem. of 1fue Committee on Enp:rossing, submirttecl the follmving report:

Mr. President:
Th'e Conun~tt.ee on Eng1o8sing have exa.mined and found duly e!llgro.ssed and ready to be tr'aMmi'tted to the House tJhe fiQllmving Senat.e bills, to wit:

604

J OUltN-AL OJ? THE SENATE.

A bill to require Coffee county to pay offi-c-ers of the eourt the costs'now alloi\Ved by law.

A bill to prevent tramps and q;thers from stealing rides on railroads.

A bill to regulate a:ttorneys' fees in receivers' oases.

Respectfully S1llbmirtJted.

0. N. STARR, Chairman pro tam.

Mr. Golightly, c-hairman af t!he Oommittee on Corpora-
tions, submitted the following repo11t:

Mr. Pre~iilent: The Committee on Go1'porati10ns have had Uil'der consid-
era!tron the following House bill, ""'hi'Clh I am directed to repor't back with the reoommendatiQll that 1ihe same do pass, to wit:

House b~ll No. 793, to amend the charler of the city of Oolum'bus.

Respectfully sll!bmitted.

J. F. GOLlGHTLY, Ohairman.

Mr. -Golightly, clhairm~an: .00: the Committee on Corporations, sll!bmi'tltled the foll<>WinJg report:

Mr. Pre:~ident: !The Oomrmit:tee on Corporations !have hoad under con-
sideratiJo.n the following House bills, which I tam direct-ed 1:Jo report ibook with the -~ommendatiion that the same do pass, 1to rwit :

MONDAY, DECEl\lBER 13, 1897.

605.

House bill, No. 795, to amend the cihtarter of Clayton.

House bill No. 809, to amend uhe chartoc of Tifton.

House bill X o. 7D6, to amend tl1e ch-arter of Griffin.

Respectfully Sl~hmitt.ecl.

J. F. GOLIGHTLY, Olmirman.

The following House r-e~olutions were read the sec.oml time:

By }Ir. Boifeuillet-

..-\. resolution appropriating $10,000 to e&tablish a textile department a.t. State Tec.lmological Sehool.

By 1fr. Armstrong-

.A re.solutiou approp11iating the sum of $280 to compensate the eommit:t.ee of the Honse and Senate appointetl ro eonfeT with .the preffiderrt Df the State University.

By )Ir. Little-

A resolution a1ppropri'ating $2,000 to pay deficit in the exhibit of Ge-orgia '<It the Tennec--see Centennial.

Also, .a resolution to proYicle for 'an assi::!t.ant doorkeeper in the House for the yem 1897.

By Jir. "\Yhitakcr-

A q-esolution to authorize the Gov-ernor to drarw his waarant on the Treasury for $2,000 to repair the capitol building.

606

JOURNAL OF THE SENATE.

By .Mr. Charters-

A :resolubi.on to pay David Heoard $50 ror services as porter at session of 1897.

By :llr. Taylor-

A resolution to appropriate $914 to complete a water main ait the lunamc asylum.
By 11Ir. Blalock-

A resolutron to appropriate $1,800 to pay expenses oi .5pecial investiga!ting committee.

By :llr. Slaton-

A resolution to approrprliate $500 for expert accountant.

By :llr. Reese--

A re:>olution to pay Rid1-arcl Johnson, Commissioner of Pengions, one moni:ih's salary.

)[r. Coma.;;, Chairman of Committee appointed to vi;;it Sehool for Deaf ;and Dum:b, .submitted the following report:

JJir. President:

Your commi,t.te:e app-oirutecl to Yisit the school at Cave Spring for Deaf and Dumb beg to submit the following report:

your ~onuniUee Yisiited ca,e Spring- on the 11th lll::'T., and made a careful and 'thorough in<1pection of this, one of Georgia'.s greatest .and nohle-.ot instih1tions. "\Ye find that t.he 'appropritation so generously ma(le at the last se::>"Sion of

MONDAY, DECEllffiER 13, 1897.

607

the Le-gislature has been properly e.xpe;nded. EspecraHy

do we commend the appropria,ti'on :for the palinting of the

buildings, "''hic~h has been done under the supervision of

the wo1thy 1hoatrd of ti"Ustees, and has d'OD!e more to improrve

the general ensemble of this instituti-on tlh'an all else that

we boas been done.

also find tha:t in addition 1Jo the paint-

ing of the lbui>ldings, vhe electric lighting, steam heruting,

~nd equipment or the shop with neceS9ary moohines il'as

been Jone; and ''"e again cannot too strong,ly recommend

that .the pupils be taugh't a trade, so th!a:t when they leave

the sehool they ~'"ill 1be uhoroughly equi>pped with a trade

by which they will he able to support the111SeJlves, instead

of being objects of charity and a clrai-ge to their relatives:
'ye find that the steam heating p1ant constru~ted there

suffered some damage, due to the cause ~h1at the bri-ck huild-

-ing wlhich has heen since built "ms not there, and the plant

being exp0.5ed to the weather, the furnace collapsed from

the rain falling upon it while hot. '"e earnestly recom-

mend that the appropriation of one thousand dollars bt~

made to build the same, which is now before the Appro-

priations Commit.tee. We also recommend that our State

make r.he fo'l:lowing appr-opria:t~ons as soon as c!an prac-

tically be done, to more th'Oroughly equip and provide for

this worthy .school:

. Dining-room and industrial room for girls, $15,000.

Amount n-ece~ry to complete the e.lectrvc lig.hting and stelam heating rfor colored 1building, $-,000.

Gymnasium and ha~hing pool for tll1e hoys, $13,000.

60~

.)u{.;J:X.U OF TilE SEXATE.

.:-\mount necessary to build and equii) addition to colored school, $5,000.
1Iaking an appropriation of thirty t.hou;;and doHars necessary to place this school in a position rwhe1e ~t will be a model for all 5elwo1,- of this elas:> \Yitlhin the SOllt:hertl Stat.es. \Ye earne~tly recommeJHl that the appropriation t.o lmihl an tHldition to the colored tlcpartmenr. be made as soon as po.~iblf', as your committ-ee found twenty-two eolor~d g:irh fone(l to ;;leep in a small room and on ten beds, \d1ich ve t1l1ink slwulcl be changed, a.s eae:h pupil sho11ld occupy a :Single bed, and t~n' capacity a tl1e rooms ~honlcl not be cro\nl~d, a.s it is a prolific source of disease. ".e also re>CommeiHI the htlthing pool as a proper h~gieHic impron'mE'nt, ""hieh \Yonlcl do away wit'11 tl1e present custom of se;veral hathing: in the same tub and ,,-at.er. From a sanitary point, we eame~tly reco1mne1Hl thi:> im]H"OY('lllent.
Your commit~ee cannot too st.rongl~- connnE>ncl the management of t1Iis school under uhe effi.c.if'nt. m:an1a~ement of the wo11t:hy principal, \Ye3ley 0. Connor, aicl>ed allll asaisted h~ his 'a:ble corps of aS:3istants and tea{'hffi't!. The C'ontinuon:> car.e and patience nece~ary to inatruct these poor unfortunate chihlren of "::~iience," to enaible H1em to becoma worthy men aml \YOmen should commend it.self to eYery person in our State, ancl meet. wit.h ttheir be>.art'Y apprO'\"al and ~uppo-rt, and we, a;; the repre:'len't,atiYe:> of t.he people of Georgia, conYe,Y to rhe principal and his teachers our <1pproYal aml commeJHlation, aml a;;:mre 1:'11em t.hat Georgia O\W'S them <1 cleht of p:ratitncle wl1il'h C'<lll ne'\er be paill.
Respectfully sn hmitiPcl. P. H. CO:UAS,
Chairman C'onnnit.t.e-e Georgia Sehool for the Deaf.

MoNDAY, DECE!IIBER 13, 1897.

609

Under the regular order, the fo.Uowing Honse bills were read third time, to be put upon their passage:

By :Jh. Boynton-
A bill to ec;;ta!blish a dty court m Griffin, Spalding county.

Upon the passage of the bill the ayes were 26, nays 0.

The bill, having received the requisite constitutional majority, was passed.

By 1fessrs. :Jioore and ColeA 'bill to abolish the city court of Oarroll county.

Upon the pas:::age of the bill the ayes were 23, nays 0.

The ibil], having receiYed the requisite <Constitutional rna jority, was passecl.

Also, a bill to establish a c.ity court in Carrollton, in Car roll county.

Gpon the passage of the hill the ayes were 24, nays 0.

IJ'he 'hill, lmYi11g ~e.cei,ed the requisite constitutional majority, was passed as amended.

Amend by striking from section 15 the words "and a1l dainlil w'hen per.sonwl property is lffi'iied on under proces:: from the superior court of said county." Amend srotion 24- iby insert~ng the word "court" a:firer the word "city" in the 20th line 'Of i'laicl Sf'ction. Amend by substituting section 28 for 18, as s('('tion num:ber d:f the next sectioo1 after ~ection 27.
39;

610

JOURNAL OF THE SENATE.

By :Jfr. Bowden-

A bill to incorporate the to\\n of ClarbYille, m thP county of HUJberslmm.

upon the passage of the bill the ayes were 2-1, nays 0.

The bill, hming receiYed the l'equisite constitutional majority, was passed.

By unanimous consent, Hou.se bill X o. 711 was tabled.

By }Ir. Bowden-

.A. bill,to ineo~porate the ci.ty of Toccoa, m the county of Hall.

Gpon the pa.53age of the bill the ayes \H're 2>l, nay,; 0.

The bill, 'having receiYed the requisite constitutional majority, \\~as passe'(l.

By :Jfr. Little-

A bill to amend tJhe cilmrtm of the city of Columbus.

epon tJhe passage ocf t.he bill the ayes \Wre 2-1; nays 0.

The bill, ha1ing receiYed tlhe requi&ite cmistitntional majmity, \\'as pa"-"ecl.

By }fr: BrannrenA 'bill to .amend the 0harter of the town of Sratesboro,
in the county of Bulloch.

rpon the p:a.;:s.age of the hill the aye:3 were 23, nay;: 0.

The bill, having recei,-ecl tli1e requisite con.:;1:itutional ma-

MoxDAY, DECEliBER 1~, 1897.

611

jorit,,, wa<' pased a;: amended, hy .striking therefrom the 'dwle of .:"ections 3 and and inserting in lieru bhareorf tJhe follo":ing:

Section 3. Be it further enacted, That should the said
.miaYor antl eonncil exerci;:.e t'he authorit"v vested in I!Jhlem
hy seetion 2 of thi;; ad, and an.' lX'r;;on should thereafter be eonYitcE"d berfore the ~aitl mayor of keeving for sale contrary to the proYi.i'-ions of thi;; act, or of maintaining a public 'E'l'<lges mentionetl in said ac.t, oo. o.f maintaining a public nnisance as therein dE'i'CI-ibed, such person shall,be punished by a fine o.f IWt more than $500 for E'Yery day tJhat snc.h liquor;; are slwm1 to 'h'aw been kept for inegal sale or such nni<>an<>' maintained, or be worked upon the streets or other pnhlic works .of said town forr n'ot morre tfhan six month;., or confined in the town prison for not more than ~ix mo1lt1h~; and 'the ;;aid mayor may, in his discretion, impo;;e upon the person ;;o conYicted any one or more orf these penalties.

~\nH?n<l fnrther b.' s~1iking 5 and insert~ng 4 as the number of the last se-ction of said bill.

A hill to proride for the payment of consta,bles for tl"ansmi'tting prisoners to the county jail.
rpon the passage of the bill the ayes Wre 25, n'ilys 0.
The hill, haYing receiwd the requisite constitutional majority, was pa.s.sed.

612

.) OURNAL OF THE SENATE.

By Mr. Hamby-

A .bill to amend the charter of the town of Clayton, m the county of Rabun.

Upon :tlhe passage of the 'bill the aye5 were :26, nay5 0.

The bill, 1h1a:ving recei,ed the requisit-e con;3titutional majority, wa:s passed.

Upan motion of 1Ir. !Sheffield, the Senate receded from the amendment offm,ed by it to House bill X o. 305.

By uruanimous consent, the foUowing Senate bill was taken :mm 't:he ta!bl<e to be put upon its pa5sage:

By ~h. Gold:in-

<A bill to make it unlawful for any per5on to pay money or other thrings of value to secure election.

Upou the passage of the bill, ~Ir. Turner called for the ayes and n'ays, which call was sustained, and the Yotc was as follows:

:Those voting in the affirmative were ~Iessrs.-

Allen, Brooke, Carter, Castleberry, Flewellen,

Flynt, Goldin, Golightly, Gray, Hopkins,

McFarland, Starr, Strother, Turner, Wooten.

Those voting tlhe negative were ~[8551'5.-

Battle, Blalock, Comas, Culver, Everett, Geiger, Ham,

Hudson, Kilpatrick, Mann, Redwine, Sheffield, Shropshire, Stewart of the 27th,

Thomson, Van Buren, Walker of the 18th, Walker of the 40th, vVestmoreland, vVilcox, "\Yitcher.

1\loNDAY, DECEl\IBJo::R 13, 1897.

613

Those not voting were Messrs.-

Atkinson, Brinson, Cook,

Dunwody, Kemp, Stevens,

Stewart of the 34th, Mr. President.

Ayes 15. ?\ays 21.
Q
The bill, nO>t. ha,ing rec:eived the requisite constitutional majority, was lost.

Upon motion of )lr. Gray, the .Senate is to meet at 3 o'clock this eYening.

The following bill was 't.aken :from the tabl-e, to be put upon ~ffi pai'sage:

A bill to allmY the hotel keepers at Salt Spring'S to sell spirituous or malt liquors to their guests only.

The hom of adjournment h'aving ;arrived, the Senate

adjourned until 3 o'clock this evening.

'.

3 O'dock P. M. The Senate met, pursuant to adjournmerut, at 3 o'clock p. m., and was called to order by tlhe President.
Upon motion ill )lr. Kilpatrick, the roll-call was dispensed with.
rr'he un:fin:ished business was a bill by

614

JOURNAL OF THE SEXA1~.

::\lr. Golightly-

A 'bill to !3:llow 1hotel keepers an!d proprietors at Salt Springs tJo sell srpidtuous and intoxicfl'ting liquors to their guests only.

Upon 1ihe passage of the btill :M11. Gray called for the ayes oand nays, "\vfhich c>aill was sustained, and ilhe vote was a~ follows:

1Those v-oting in "the affirmative were ~fessrs.-

Allen, Atkinson, Battle, Comas, Cook, Culver, Everett, Flewellen,

Geiger, Golightly, Hudson, Kilpatrick, 1\iann, Sheffield, Shropshire,

Starr, Stewart of the 2itb, Thomson, walker of the 18th, Wilcox, 'Vitcher, Wooten.

Those voting t!he negative were ~fessrs.-

Blalock, Carter, Castleberry, Gray,

Ham, Hopkins, McFarland, Redwine,

Turner. Van Buren, Walker of the 40th.

Those not voting were l\fessrs.-

Brinson, Brooke, Dunwody, Flynt,

Goldin, Kemp, Stevens, Stewart of the 34th,

Strother, Westmoreland, Mr. President.

Ayes 22. Nays 10.

/'l1h1e bill, n(Yt 1h1aving reoeived the requisite constitubionai majority, was lost.

MoxDAY, DECE:IJBER 13, 1897.

615

)fr. Golightly. gave notice lthat he 'Wiou1d move to roo~m sicler the bi!ll just lost.

)fr. 1Sr.arr, Chai'lman of rdhe Ooizn.m.ittee 'Oil Educati001, submibbed rhe following report:

Tlhe Educ.ation.al Oommilttee have h!ad under consideration -tlhe following House rbill, whl!ch they ill&truct me to reoport back to r~he House witth the recommendat:ion that the same do pass:
A 'bill to authorize CO'nnty HOiards of Edu-co.ation to proYide hooks for the use of common sdhools.
Respe<C't.fu1ly submitted. 0. X. rSTARR, Chairman.
:\Ir. Stewart d 34th, Chairman of Comm]tmee on Bauks, ~ubmitJtetd. the folloiW'ing report:
.1.1lr. Pre8ident: The Commit.tee on Hanks rhave had uruder consideration
the following Senate ibill, rw1hich they instruct me :00 report buck to tlhe Srenate wfut!h rthe recO'llnllen<lation that tfue same do pru:;s:
A bill to amend se0t~on 2391 of the Oode of Georgia of 1895.
Respectfully suibmitt.ed.
T. D. 1STEW..ffiT, Ohiairman.
The following Senate ibill was read seoond time:

616

JOURNAli OF THE SENATE.

By :lfr. Thomas...:_

~-\ bill to .authorize County Boards o.f Educaot.ion to p?uYi:de books for the use of common sohools.

The f'Dllo~ving Senate /bill was taken up to concur m Houste amendmen.t:

:By ::'~fT. Hopkins-

A bill to elect judges and solicitors-general by the peo-ple. The a-mendments were adopted. They are as follo"'s:

First amendment: Amend fi~'Sit b; sbriiking m1t or tfue ca1pti'On .t,he 'IY'Ords ''their 1respective judicial circuits" and inserting in lieu tihereof iihe wOl'ds 'lthe whole State."

Second amendment: Amep.lcl sootion 1 by striking out of rthe hvelfth line thereof tbhe words "their respective judi-
cili.I -circuits" and insffi"fing in lieu tJheroof the "''Ol'Cls "the
wil:role State."
Thirtl. ame:rudmem: Am'end section 3 iby stri1.-ing out of the thirteenfu line thereof the words "their respeotive judicial circuit" and inserting in lieu thereof the wmcls "the whole Srate."
Fourth amendmenrt;: ~\mend by a{lding at tlhe end of section 1 the follQIW]ng .:rnwdso: Provided Itha.t tfu1e sucC<E:SSOI'S for all incumbenlts whose berm..:; expire on or 'before the :furst dlay .of January, 1899, shlall be elected by the Generni Assembly at :itts session :ror 1898 for the full term
o .four yeaTS.
Fifth amendment:. ~Amend ihy adding at the en;d of sec-

MONDAY, DECEl\IBER 13, 1897.

-617

tion 3 the :fO'Howing proviso: Provided thatt bhe successors for all il1~umbent.s who"e terms expire on or bafu.re i:lhe first day of Jan'Uary, 1899, shall be elected iby the General Asserrl'bly ~t its sessi'011 for 1898 :far the full tm'm. of four yem.'S.

'Dhe bill as amended in 'the Honse is as follows:

An act to .amend parag-raphs 2 and 3 of seCition: 3 of a11tide 6, and pa.ra:g:raph 1 of sootion 2 of articole 6 of 1Jhe Oonstitu>tion of this St-ate, so as t.o pt"'nde for tthe election of judges of the Superior 0onrts and solicitors-general b:- t;he electors of the whole State.

1Sec'tion 1. Be it \ll'ad.ed b: the C....-ene:ral Assembly of the StJate of Georgia, and it is herelby ewacted by authority
of the sarme, T!hat pa.rag:rasph 2 of se0ti1on 3 of .article 6 ?
of the OonstJitntion of lthis State be amended. so '1Jhat the "E:ame shall read as follows, tiO 'Wit: The tmc.oemo'l'S ro the present rund subsequent incnmJben:t shlall be elected by tthe
electors, erutit.lecllto vote fur memlhers or the G'11.erwl As-
sembly of the whole State, at the geneJI"al election heJ.cl fur such members next pre-ceding uhe expirrution of their respective terms; proYidecl1thnt the succe.ss011S :or all incumbents whose t'erms expire on "()11" 'ble:f.orte the first dla.y of J-anuary, 1899, shall ~e elected by the General A:SOO'D."l!bly at it.;; session for 1898 for the full term of four yeall'S. .

1Section 2. Be it fmither ena<cted by tthe oa.uthority aforesaid, Tha:t paragraph 3 o sect1ion 3 of article 6 or the Constitution of this Stat.e be anwnrde~l so tlhatt said paragraph sh:aH read as follows, to wit: ''The t.evms of the judges to be elected undielr the Oonstittut.ion (except to fill vacancies),

618

JOURNAL OF THE SENATE.

~hall begin on the first }fon<fay of January after their election. Every v.atCJancy 'Oceasicmed by death, resignation, or other causes, slmll,lYe -filled by appointment of 1Jhe GovErnor until tthe -first day of January arter the general election held ne:l..i: after tlhe e:l..1)irration of thirty da:-s from the
time such '"aeancy ooours, at ,,hich election a succes:~<>r for the unexpired tbeT'Ill shall he e'1e;ct.ed.

Secltion 3. Be it tfuU'thea. enacted iby the ~authority af<Yre6aid, 'Dhat paragmph 1 0' seation 2 or ~arbide 6 of the Constitution of t1Iis State .be amended so 'that t!he same shall resd ~ follmvs, to wit: "Ilhere shall :be a solidtor-general for each judicial cireu~t, "~hose official te:rm ( ex<:.ept to -fill a v:aoancy) shall be f01ur year;;;. The succe;;sors of pre~ent
~nd Sll'bsequent incumlbents shall 'be el1Cted by the ele01Jors o~ uhe whole Stlat:e quaE-fied ltio Yote for memlbetrs of the Gen-
eral A~embly at 1Jhe tgen'I"al elect~oo !held 'next preceding the expirabion of their l"eapective terms. 'Every ,"acancy oceas~oned by dea;th, resignation, or 'Oither cause, shall he -filled by appointment of t!he Governor urutil the fiTilt day of Jam1ary :after the general electron held next after the expirMon af tthii'ty days :firom ~the time such V'aca:ncy 'OCeurs, at wh!i:C'h elooti'On a successor for t!he uruexpired term sha~ll be elected; pl'Orvided, t.ll'rut t!he 'stwcessors for all iucumbents whose t.er'.ms expire on {)r <before the first day of Jannary, 1899, shall 1be eloot.ed iby the General Assembly at its session :Bor 1898 for t!he full t-erm .af :Bour yoo:rs.

Seotion 4. Be it further enacted :))y the -a111thmity aforesaid, That whenever the aibove proposed ~am-endments Ito the '0ooot.ituhon shall :be ag'l'eed bo by 1m"o-tb:irds of iili.~

MoKDAY, DECE;IIBER 13, 1897.

619

mE'mbers elected to ewch of the tbwo houses 'Of 'iJhe General Assemholy, tfhe Gm"ernor shall, an{l 1he is hereby aut-horized and instructed to cause said am~mdments ;JJo be published in at. least two newsp~pers in ea<eh congressional disuric!t in 'this tS1Jat1e f.or the pe~iod of two montJhs next preceding the time for holding tJhe next gE>neral elootion.

Section 5. Be it :further enacted lby t'he autllority a:foresaid, That the S~bove proposed a.mendme:ruffi shall he su'bm'it:t.ed :f1or ratification or l'eject:ion of the electors of this State at 'the next general election to be held after publication as provided for in the :6omtlh section of ~his act, in the several districts df this 'Sta:te, at wlrich election every person shaU01be qu:a:lified tJo V'Oite wlho ois entitled tto rote for members of 't'he Geneml Assem!bly. Alii. persons Yo'ting s.t said election in :fa\"01 of adotpting rlhe p11aposed amendments, or either of them, to the Oonstitution of this State, shall have ,,,ribtlen or printed on their fbla.llots the words 'For ratiticaction of the mnendment of paragTapih 2 of section 3, mticle 6 of the Oonstitu'tion" (for eJ.ection of judges of the S11perior Courts by t1le IYe'ople); "For ratification of .o.mendment of par:agraph 3 of section 3 of t3Irti;cle 6 ~ the Constitution" (for eletc'tion of judges of tbe Superior Com'ts by the people); "For 1'atification of amendmen!t of paragraph 1 of section 2 of article- 6 of rhe Oonstiturt:ion" (for election of solicitors-gen11"al by 'tihe people); and all persons opposed to a!doption of said amendimen!ts, 01 either of ohem, sha.ll have written or printted on tJheior ba!lilol:$ the words 'Against the ra'tific.ation of amendmen't of paragraph 2 of St:ction 3 of 'altide 6 of .tlre Constitution" (against e:lection of juclg~s of t>he Superior Courts by the pe'ople); "Against

620

JoURNAL OP THE SENATE.

ratific-~tion of tlhe amendment of paragraph 3 of section 3 of
artilcle 6 of the Constitution" (ag'ainst the elec'tion of jndoges
of Sl.1perim- Oourts fby 11he people); "A'gainst ratification
of amendmen~t of par.agmpih 1 of section 2 of arrtide 6 of the Consti't11tioo" (lilgainst tihe e'lelc'tion of solic-itors-general
by 'the people).

Section 6. Be it fm.ther ell'a:cte.cl by the authorit.y atforesa~d, 'Dhat the Govemo'l be and< [le is hereby authorized and di!eected to provide :for the &lbmission of. tlhe :foregoing proposeclramendmen:tls 'to 'the Oonstitution of thris Suate to a vote d:fohe ~eople as reqniredby the Oonst~tntion of this S~ate in pan.agraph 1 of sect;i.on 1 oaf article 13, and by this ad; and if eitiher be l'a:tifieicl the Govemor Slt51ll, ""hen he a:'-eervains suc!h ratrufi:Cia:tion from rtl1e Secretary 1o Stat:e, to whom the retll'l"ns shall 'be referred in rthe sa1me manne'l" as in case of ele~tions for mem!bers of ~he Gei1eral Assembiy to conmt and ascm'ta'in t1l1:e result, i&:>'u1e ;:his p11oclama.: tion for one imsertioon rin 'one of ~lle daily papm-s of this StaJte ,announcinog such 'result -and dedaring the amendment or amentdments ratified.

!Section 7. Be it ~urbhe.r enacted by the authority oaforesaid, 'Dhat all Laws 'rund parts of la<\vs in e.onflict with this act lbe, and 'the same are, hereby repealed.

)Ir. Stewart., Chairman of Oomnrittee on Banks, sll'bmitted the follo-wing 1epoDt:

Jll. President:

T;:he Committee on -Banks !have had under consideration the rol1owing bill d:f 'the Senate, which they instruct me

MoNDAY, DECElfBER 13, 1897.

621

to report hack with ra recommendation that t'he same d'O pass as amended:

A 1bill to provide for inoorporating oompamies to insure ~gainst burglary, 'l'OilJbery, etc.

The Committee also recommends that the rollorwing House bill do pass, to wit:

A. bill bo amenrd ithe charter of the Germania Loan and Banking Company.

Respectfully submitted.

T. D. STEWART, Chairman. The followin'g Senate hill was read third time:

By }Ir. Stew:axt of the 34th-

A bill to amend section 2391 'Of the Code of 1895.

"'C"pon motion of }Ir. Oo'lll'as, the bill was t~bled.
By mmnimous consent, .Sel}!abe -bill Xo. 96 ''"as "ith-
dra~wn by the aut'hor.

By uuanim()IUS consent, t.he following Senate -bill was Tead 'third time:

By }Ir. BN,ner (iby request)-
~A. bill tlo proYide for the incol'porabion of insurance companic.;; wi'th power to insure against roblbery, and for other purpoSs.
rpon the passage of t.hetbill the ayes were 25, nays 0.

622

JOURXAL OF THE SEXATE.

The bill, having recein"d the requisite constitutional majority, was passed as amended.

First amendment: Add at the beginning of se-ction 1 t}w roHow1ng wmds: "Be it e11actecl by the General ..A.ss'C'mbly of t:he State of Georgia, and it is hereby enacted by the au't:hority afore:Oaid."

Seco-ncl amendment: .:\..del at tlw :beginning o.f all other sectiom of the bill the follo\Ying words: "Be it fnrtheY E"11'acted by the authority aforesaid."

:Jfaking1an a']_)propriation of thirty tthou;;aml dollar,;; nee-

.:\..del the following, 'to be lmmn1 as section S:

-Section 8. Be it fm,!1her enacted b.v the anrlwrity afmesaitl, That all laws aml parts of la\\s in conflict with this act be, and the same me, hereby repealed.
~\. lbill to be en'tined an act to prrovicle for the aclmissiou and lieense to clo bnsill'ess in this St'ate of any insurance company owgarn:izcll and ineoq)oratecl on the mntwal pl-an under the lra:ws of this State, or any other State of the t nited Sta tes, for tl1e purpose of insuring again.;:t l-oss or damage Ijeomlting f~um burglary, I'oibbery, or attempt thel'eat, and insming against the loss of money and seenri~ tie:> in course of trani>porta:tion when shipped by registerecl mail, and f.or other purpoo;es.
The following Hou,;e bills "~ere read thirrcl time:

By :Jir. T'homas-

A bill to amend section :20 of the charter of the city of \Yaycros,;.

MONDAY, DECE:YIBER 13, 1~97.

623

"Cpon the passage of the bill the ayes were 25, nays 0.

The bill, having receiYed the requiirite cons'titutioonal ma:jOIiry, was passed.

By :Jlr. Brannen-

A bill 'to amend tlhe eharter of the town of Stat:e<;horo, 1o establish a dispe,mar:y in said tmn1, and for other pm:pose8.

By unanimous consent, the fo1lowing House bills were nad tl1ird time to be put upon their pas.sage:

Dy :Jir. Little-

A bill to ameond section :2350 of the Code of 1895.

l-pon the passage of the bill the ayes were 26, nays 0.

The bill, haYing receiYell the requisite eomtitutional maj:}!ity, was passed.

J3y :Jir. Little-

..c\. 'bill to authorize a judicial sale of the puroC~hasc of ill::nlYent pri,ate eorporntions, and for otheiJ: purposC5.

l-pon the passag'' of the bill t'he ayes were 25, nays 0.

The bill, haYing re{:eived the requisite constitutional majority, was passed.

By :Jir. Little-

..\ hill wsting certain rights to the Colmnbn::> Power Compan:; to the Ohattahoochee ri\er.

624

JOURNAL OF THE SE~ATE.

rpon the passage of the bill the ayes were 26, nays 0.

The biH, having recein~d t111e requisite constituti'Onal m~\ jority, was passed as ~mended.

..:\..mend section 1 by adding to the end of said sedi:on the wo~ds, ''provided, that in so far a,; practicabJe all improvements constructed hy said Columbus Power Company shall be within 'the limits of tfhe State of Georgia.

B~ )Ir. Calhoun-

A hiU to amend the act creating the BoaTd of Commiseioners of Roads and ReYenues for the county of )Iontgom<:>ry.

Upon the passage of the bill the ayes were 26, nays 0.

The bill, having receiv-ed the requi;;ite constitutional majority, w~s pa~ed.

By }Jr. ChartersA hill to amend section 5057 of the Code of 1895. ~
r pon the passage 'Of the 'bill t.he ayea were 23, nays 0.

The bill, having I"eceiwd the requisite constitutional majority, was pnssed.

I-3y )Jr. SlatonA 1bill to proYide fO'r -ac1mission to the bar in this Sta'te.

Amendments were ado~pted. rpon motion of 1Ir. Battle, the bill was tabled.

:MosDAY, DECE)fBER 13, 1897.

625

By )h. FelderA bill to amend the charter of the Germltlllia Loan and
Banking Company of the city of A:tlan!IJa.

l:pnn the passage 00: the bill the ayes were 24, ])lays 0.

The bill, having received the .requisite C'Onstitutian:al majority, was passed.

By 'Mr. Bowden of Habersham-

A biU to amend the charter ()f the town ()f Demorest, in the county '()If Hrubfl'sham.

(Mr. Stevens, CJral.rrnan of Comm:i1JJJee on Appropriations, submitted the follol\ving report:

Jlr. President: The Committee on ~>lppropriations have 'had under con-
sideration the following House ;resD-luti'On, which they instruc:t me to report back to the Senate with the reoommendat]on that same do pass, to wit:

A resolution to appropriate compeDSa!tion to Penitentiary Committee.

The Committee recommends that the following resolution of -the House he read the second time am:d recommitted to same commitJtee, to wit:

A resolution to reimlburse J. L. Horn, sheriff of W~ stei' county, cert.ain moneys.
Respectfully submitted.
0. B. STEVENS, Ohai'l"lllJa.D.
40s

626

JOURNAL OF THE SENATE.

By ~1r. Dickerson-

A bill to change the time of holding the Superior Oourts of Clinch and Charlton counties.

Upon the passage of the bill the ayes were 23, nays 0.

The bill, havin'g received the requis1te constitutional majority, was passed.

Amend by inserting before the words "the Superior Court" wherever it appears in section 1 the words "the :6a11 term of."

By Mr. McCranie-

A bill to amend the charter of the town of Tifton.

"Upon the passage of the bill the ayes were 25, nays 0.

The bill, having reeei,,ed the requisite constitutional ma: jority, was passed.

The ollowing bill was taken from the 'table to be put upon ~ts passage:

By Mr. Bowde,n-

A bill to amend the chillrter of ~he town of Demorest, in Habersham county.

Upon the passage of the bill the a.)-es were 23, the nays 0.

The bill, having recei,-ed thc requisite constitutional majority, was passed.

MoNDAY, DECE~IBER 13, 1897.

1127

13y :M:r. Duncan-
A b1ll to amend an act estwbl:ishing the county courts of Dougherty and J,ee.
lTpon the passage of the nill the ayes ware 24, '!l'ays 0.

The bill, 'having received the requisite co:nstiltmtiiOn'al majority, was passed as amended.

~-\mend by inserting iJhe wurd "couxt" after the word "CJotmty" in eight:h line of section 1.

By ~fr. Gowen-
A bm to provide for :the payment of juries and bailiffs in the C'ount.y of Charlton.

lTpon the passage of the biH the ayes were 24, ll'ays 0.

The bill, having received 1'he requisite COOlStitutional majority, was passed.

Upon motion of :Mr. Battle, the Senate adjourned unt~I 1:30 o'clock to-night.

The Senate met pursuant to adjourThlllent at 7:30 o'-clock

\Vas called to order 'by the President.

Upon motion of :i'.fr. Battle, tlhe roll-call was dispemsed with.

J\f.J.. Cook, Chairman Committee on Penitent!iary, Sl.tlbmitted the folloWing report:

628

JOURNAL OF THESENATE.

Jfr. President:

Your committee have had under consideration the following House bill, which they instruet me to report iback 'vith the recommenda:ti:on that _the same do pass as amended, to wit:

House bill No. 582, entitled "An act t.o create .a; prison commission, etc..
PHILIP COOK, Chairman.

Upon moti:on o:f }fr. Battle, the Senate took a l"C{'ffi'l :for twenty minut-es.

At 7:50 o'clock the Senate "Tas again called to order.
tipon motion o:f Mr. Ham, the Senate went in;to execu-
~i,-e sessionat 7:52 o'clock.

One hundred copies a:f the penitentiary bill was orde'l"ed provided as amended.
. By unanimous consent, Senate bill X o. 85 was withdrawn by author.

:llr. Ba,ttle, Chairman of the General Judiciary Committee, submitted the following report:

Jfr. President:

The General Judiciary Cmnmittee have. 'had under con~ideration the :fo1lowing House bills, which they instruct
me to report baok to the Senate \Yith the recommendation
t.hat the eame dopa~:

MmmAY, D:ECK~IBER 13, 1897.

62'9

A 'bill to amend section 5 of an act approved N ovember 12th, 1889.

Also, a bill requiring COl'porations doing a life insurance business in the State upon the assessrn:ent plan to have certain words printed on ifueir policies.

'I'he Commituee also l'eeommend that the :Bollowing House bill pa68 as amended:

A hill to amend secti-on 1703 of the Code of 1882.

'I'he eoomnitt'8e also recommend that the following liQIUse bill be withdrruwn upon motion:

A bill to repeal an act estalblishing the ocity court of DeKalb county.

:especttfully suJbmitted. C. E. BATTLE, Ohairnian.

Mr. Golightly, Chairman 'O'f the CCYillmittoo on Oorporatiooe, snlnnitted the :Bollowing rep01t:
Mr~ Pre8id.ent .'
The Committee on Corporations have had under consid~ eraiion t!he f~llowing Honse bill, w:hrch I am directed to rep<)lrt back witJh the l'ecomnmntdoation rthrut t:he same do not pass, to wit:

House bill No. 759, to incorporate the to'Wll of Birmingham.

:Respectfully submitted. T. F. GOLIGHTLY, Chairman,.

630

JOURNAL OF THE SENATE.

The unfinished business is House bill

By ::\Ir. Wilcox-

A bill to esta-blish a new oeh1artm for tlhe town of .Abbeville.

Upon the pa~age of the bill tlhe ayes were 27, n:ays 0.

The brll, having received the l'8qUisite C'Ons'titutional majority, was passed -by suibStitute.

The following House bill was taken from the table to be put upon its passa~e:

Hy }fr. S1abon-

lA. ,bill to provide :far admission rto the ibar in tihis Sta:te.

l}fr. Golightly moved to rooornsider the action of the Senate in 'adopting the ra.mendment, and oolled for thre ayes end nays, and :t!he vote was ru; follO!Ws:

Those v'o'ting in the affirtmative we:re nfessrs.-

Atkinson, Brinson, Culver, Everett, Geiger,

Golightly, Hudson, Mann, Sheffield, Starr,

Strother, Walker of the 40th, Wilcox. Witcher.

Those Yoting in tihe negatiYe were ~Iess~'S.-

Allen, Battle, Brooke, Castleberry, Comas, Cook, Flewellen,

Gray, Ham, Hopkins, Kilpatrick, McFarland, Redwine, Shropshire,

Stevens, Thomson, Turner, Van Bu~:en, Walker of the 18th, Wooten.

MONDAY, DECE)IBER 13, 1897.

631

Thwe not voting were 1fessrs.-

Blalock, Carter, Dunwody, Flynt,

Goldin, Kemp, Stewart of the 27th,

Stewart of the 84th, \Vestmoreland, Mr. President.

~yes 14. Nays 20.

The motion, not having received. the requisite m'ajocity, w.asl'O!St.

lfr. Tu:r=ner moved to releonside.r the actrom. ;of t!he Senate in agreeing to the report of the cOIIIlm.ittee, which motion. was carried.

Mr. Berne-r moved to reconsider the acti'On orf the Senlll:be in adopting the amendments, which motion was carrieid.

~lr. 'Walker of the 181ih. mo'V'ed to lay the bill on the table. The motion. was lost.

Upon the passage of the bill the ayes were 23, nays 4.

The bill, harving received the requisite constitutional ma jority, was passed.

The following House resolution was read .third time:

By Mr. Oalvin-
~\ resolution to appoint -a committee df fifteen citizens of the Stare to eX'bilbit the State's r:esouroes at the Ti".ansJ[is!"issippi In:ternatio111al Exposition, to be 'held .i:n Omalha, Nebraska, 1898.
Upon the passage of the resolution the :ayes weTe 23, nays 2.

632

JOURNAL OF THE SENATE.

The resolution, having received the requisite constitu-
tional majority, was passed.

:Mr. (ft).lightly m'Oved to suspend the rules of the Senate to l'econsider the follow:img b'ill, No. 157:

The motion was carried.

The bill was Teconsidered. 'The bill is oa:; follows: By Mr. 'GolightlyA brll to aHmv the proprietors of the hotels at Salt Springs to sell spirits to their guests only.

Upon the passage of the !bill :Mr. Gray cal1ed for the <l,Y_es and Mys, which call was sustained, and the vote was as follows:

'!'hose 'V'O'ting in the affirmative were l!essrs.-

Allen, Atkinson, Battle, Comas, Cook, Culver, Everett, !flewellt>n,

Flynt, Geiger, Golightly, Hudson, Mann, Redwine, Shropshire, Starr,

Stevens, Strother, Thomson, Walker of the 18th, Wilcox, Witcher, Wooten.

Those voting in the negative were )fessrs.-

Blalock, Brinson, Gastleberry, Gray,

Ham, Hopkins, Kilpatrick, McFarland,

Stewart of the 34th, Turner, Van Buren, Walker of the 4oth.

MoxnA Y, DECE}fBER 13, 1897.

633

fJ'hose 'll!Ot voting were :Messrs.-

Brooke, Carter, Dunwody,

Goldin, Kemp, Sheffield,

Ayes 23. Nays 12.

Stewart of the 27th, "\Y estmorelanct, Jl.fr. President.

The bill, 'h:lving !felc.ei,,ed tfue requisite constituti.mal ma;ority, '' r.s passe.I.

Mr. Pres-ident:
The Special Judiciary OonunitJtee have had under aorn;oide;rati:on House hill No. 805, rwhich I arm iwtructed to report back with a :recomnrendat.ion that the same do pass ~s amended, to wit:

A 'bill to be entitled an ruct. to amend an aot to create a
Eoal'd of Commissionel'S of Roads and Revenues for :M:onGl
roe county, et{?.

Respectfully su:bmi:tted. \VESLEY SHROPSHIRE, Ohairman.

~h. Starr, Ohairrnan pl'O tem. of the Engrossing Commit.tee, sub:n::litted the fol10'Wing repO['t:

.Mr. Pres-ident: The EngrO'SSing Oonunittee !lrave ex:arrnia:red .and found
duly e'll!gl'ossed and rerudy 1Jo be tranmnitted to the House the following bill, to wit:

:A lbill to il1corporate insurance companies who insure ~gainst robbery and burglaa-y.
Respectfully sulbmitted. 0. N. STARR, Ohairman.

634

JOURNAL OF THE SENATE.

The folloWing 8enrute bill was taken from the t.alble to be put upon its passage:

B.r .1ir. Flewellen-
A ~bill to make proper tax returns in this State.
1\fr. Wal'ker of the 18t1h moV"ed to reconsider the action of the SeDJrute :on agreeing to the repoi]_'lt of c-ommittee, sc; us to o:fferr run amendment, whicih motion was carried.

i}fr. Thomasoo moV'eicl to table <the b'ill. The motion was lost.
Upon the passage of ttihe bill 1\Ir. Comas called for the ayes and ill!ays, wJrich crul Was sustained, and the VOte 'W'3S as follows:

Thoae V'oting in the affirmative were Messrs.o

Allen,

Culver,

Shropshire,

Atkinson,

Eve~ett,

Starr,

Blalock,

Flewellen,

Strother,

Brinson,

Flyut,.

Turner,

Brooke,

Golightly,

Walker of the 18th,

Castleberry,

Kilpatrick,

Wilcox,

Comas,

Mann,

Wooten.

Cook,

Sheffield,

'Dhose voting in 'tihe negative were Messrs.-

Battle, Geiger, Gray, Ham,

Hudson, McFarland, Redwine, Stewart of the Mth,

Thomson, Van Buren, Witcher,

MoNDAY, DECEMBER 13, 1897.

635

'llhose n!Oit voting were Messrs.-

Carter, Dunwody, Goldin, Hopkins,

Kemp, Stevens, Stewart of the 2ith,

Walker of the 40th, Westmoreland, Mr. President.

. Ayes 23. 'Na;ys 11.

The bill, haYing received the requisit~e CJonstitutioll'al majority, was passed as amended.

:First ame'frclment: Amend first by welding between 1Jhe last line on fir~t page and first line ou second page the fol.: lowing, to wit: "\Yhat is tthe value of the sihar6 of stodk of the building association, or of the 1building and loan association, of whic'h yon are president, m:an'ager, or agent, upon '\Vhich no 'loans have beoo made secure by liens on real estate.

Second amendment: An1end by striking all of the four last lin6 of section 1.

Third amendment: 'Amend by strilcing f1om lines fifteen and sixteen of section 5 the following wmcls: "I have al>lo filed a list of the debt.s clue me, except open accounts, a~ requirecltby latw."

Fourth 'ame11clmentt ~ Amend by striking 1all of sections 3 and 4.

Fifth 'amendment: Ame11cl 1by striking from section 6 ~.11 afteir t:he word "retain" in seVTenth line of said section.

Si::-."th amendment: Amend section 1 lby lllS'l'ting after the word "own" in nineteenth amd twenty-tfuird lines the WOl'ds "in tfuis county."

636

. JouR~AL OF TilE SENATE.

Seventh amendment: Amend by addil)lg after the word "own" in the t"nenty~:fi.rst line, second page, of sectioo 1 the words "in this county."

By una;nlmous consent, 'dhe following House bill was put upon its passage:

:By :Mr. Ruob1mriord-
A hill to amend an oot creating a Board of Commission-ers of Roads and Re1'enues in the coUD!ty of Monroe.

Upon tthe passage of 'tlhe 1bill tJhe ayes were 28, nays 0.

The :biiLl, haviiD.g :receiv-ed the requisibe coostitutional majority, w-as passed oas amended.

Amend :by striking il-'om ,sootion 4 llrll aftEllr the word "commissioners," and when ~t :first occurs in 'the sixtJh line of said sootiQD., aJD.d 1:nserl in lieu thereof the following: ''That said commissioners, while acting .as \Sflltdh, .are disqu'3!lified from holding any other ooun:ty office, but <bhey may be members of 'the General Assembly, and may elect one ()If t.heir nrum!ber superintendent of puoblic roods fooqo said county, whose duty shrul be defined lby a majo;r'ity .0! said hoard, and whose salary shall a:lso lbe :fi...~ed !by a mrujority of -said board, a:nd said eommissione>rs may be o:ffioors of the militia, and are exempt from road and jury duty."
-~mend further 1by striking f1om section 5 in the :fiith line of said section the 'Words "no pe>r di'e>III.," and insert ~he foHowing words in lieu 'thereof: "the soame pea:' diem as allowed the other com.missi:oners."

.MosDA Y, DECE.\IBER 1:3, 1897.

637

A.nH~nd by adding run additional sect.ion to 'be known as seCtion 9.
Section 9. Be it further enaded, That i:lhis act shall not become operatiYe until iJhe same has been voted u1pon and sdopted 'by the qualified Yotell"s of sa~d couruty of :Monroe-, and at the general election to be held in OctobeT, 1898, rthe question of the acceptmnee or rejection of the aJCt sha:ll be submitted to t'he qualified voters of said county, and those in favor of the adoption a this act shall have written or printed upon their ballots "For the new lruw," anld those cppo&ed shall h'aYe written or printed upon their ballots ''Again&t the new. lam'," and ill a majo~ity of the qualified Yoters at an election shall cast 'tJheir Yotes "fo1 the new law," then the act shaH become ope1~rutiYe immediate.Iy upon t'he declaration of t11e re&nlt as hereinafter proYided. If a majority of rbhe qualified Yoters shall ciSSt t!heir ,-ot:es "against the new law," then the present vaw shall remain o{ force, and this ad shall be of no effect. 'Dhe election proYided for in t!his S'ction shall be held as n'e.ar as prac:ti- o cable, and conducted, and th'e result deehw:eid in accm'<lance with the }Wo,isions of section 1545 of the 1st Yolume of the Code, and 1any con:test ifum,eaf shall be c001dtwted as prm-i:ded br in section 154:6 of the 1st volume of >tJhe Code. At such general electron tihe qualified voters a said county shall also vote for or selec:t the five commissioners proYided for in tlris >act, ,and if this act Should b'e adopted the said>conunis~on:ers shall iJake auld htolcl office as hel'in proYided, but if this act should fbe neglected the commissioners at :tllat ti!me in office shall continue to bold offic;e as proYided for in the present law. Amend by making the repealing clause section 10.

638

JOCRSAL OF TllE SESATE.

By unanimous consent, the following hills were taken from the :truble and ;read thlird time, to he put upon its passage:
By :M:r. ShTopshire--
A bill to re-gulate the sale of dynamite, nitroglycerin 3nd other explosive substances in this Sbate.

Upon the passage of the :billthe ayes rwere 27, D'ays 1.

'!'he bill, having rooeived the requisite constitutimml majority, was passed as amended..

.A.mend by steiking from seventh line O.f .the 1st section, and four.th and fi.f.tjh lines of sectj,on 2, the wOO"d "explo.:<ive," and substitute for the word so st;riclren the word 'hlasting."

By urua.nimous conserut, Serrate bill No. 107 was withdrawn by author.
0
By unanimous consent, the following Senate bill, witili adverse report from oommittee, was taken from the ila!ble to be put upon its passage:

:By lfr. GoU.gh'tly-

A bill to require the publieatioo. of verdicts of jur1es in Superior Coums of this State.

Upon tilie passage of the bill the ayes were 15, nays 12.

The bill, not :having receiV'eld the requisite oonirt.itutioDJal majority, W'as lost.



MoNDAY, DECEMBER 13, 1897.

639

By uuanim'Ous consent, Senate lbill No. 93 was witili.drawn hy l!lhe author.

'l~e following 'Senate bill was taken from the ta!ble, re..a:d !third time, and put upon its passage:

By lfr. MciFarland-
A bill to prohibit the felling O[' Cutting Otf trees in watercouriles and streams of this State.

Upon the passage of the bill the ayes were 25, D!ays 0.

The 'bill, :having received the requisite oonstituti'O'Il!al majority, w'as passed as amended, tby adding at the end of section 1 tihe :foi}lowing: "wirhou't :removing said trees from said st.reams or water-couri!es 'W'itdhin twenty-rour !hom'S after felling the same therein."

The fullowing House resolution was taken from the t.able, read third time, and put upon its passage:

by Mr. McGehee-
A resolution memorializing Oongress to enact a lam rfor :tJw :free and unlimited coinage '0' silver at tihe o11atioo of sixteen to one.

"C"pon the passage of the resolution Mr. Battle oalled for the ayes and nays, which call was sustained, and the vote was as :follows:

Those V'Oting in the a:ffirma:tive were Messrs.-

Atkinson,

Flewellen,

Starr,

Brinson, Brooke, Castleberry, Comas, Cook, Everett,

Flynt, Geiger, Golightly, !\Iann, McFarland, Redwine,

Stevens, Strother, Turner, Walker of the 18th, Witcher. Wooten.



640

JOURNAL OF THE SENATE.

Those v'Oting in the negative were )fessrs.-

Allen, Battle, Ham,

Hopkins, Hudson,

Stewart of the 34th. Van Buren.

Those not voting were Messrs.-

Blalock, Carter, Culver, Dunwody, Goldin, Gray,

Kemp, Kilpatrick, Sheffield. Shropshire, Stewart of the 27th,

Thomson, Walker of the -!Ot.h, Westmoreland, Wilcox, Mr. President.

A.yes 21. Nays 7.

The resolution was pa.;;sed.

By Mr. Culve-r-
A bill to prescribe the time and place of filing the o:fficial laws of oounty -officers in the various counties of this State.

Upon the pa.;;sage of the bill the aye.;; were 12, nays 16.

'rhe bill, not having received the requisite constitwtJ.onai maj'Ority, was lost.

The following rt"solution was read and ad'Opted:

By Mr. Battle-
A resolution authorizing the Secretar~ of the Senate to employ five porters for 'the present session.

By unanimous eo~ent., the follO!Wing House bills were read second time:

TUESDAY, DECEliBER 14, 1897.

641

By 1fr. Hill-

A bill to dhange the name o rthe Coweta cireuit to Oaxrollton judi-cial circuit.

By )fr. Calvin-

A bill to amend section 1703 of tfue Code of 1882.

Leave of absence was granted Messrs. W estmorela.nd and DumV'Ody, on account otf sickness.

upon motion of Mr. Ba:ttle, <tihe Senate -adjourned until to-morrow morning at 10 o'clock.

Seoote Cham!ber, Atlam:ta, Georgia, Tuesday, DecembeT 14th, 1897, 10 0'0lock A. M.

The Senate met pursuant to adjournment, ood was called to order by the Pre;;ident.

Praye'l: was offered by Senator Atikinson.

Upon the call of the roll, th'e fo.Uowing members ant:wered bo their names:

Allen, Atkinson, Battle, Brinson, Brooke, Carter, Castleberry,
41s

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kemp,

Starr, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren,

642

JOURNAL OF THJo: SENATE.

Comas, Cook, Culver, Everett, Flewellen, Flynt, Geiger,

Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire,

Walker of the 18th, Walker of the 40th. Vi'ilcox, Wit.cher, Wooten. Mr. President.

Those a~bsent were Messrs.-

Blalock, Dunwody,

~tevens,

Westmoreland.

The Journal of ySterday was read an!d approved.

The f'Ollowing message w.as received from the House through Mr. Hwdin, t!he Clerk thereof:

Mr. Pre8ident:
The House hoas passed the rollocwing House bills by the
1equisite oonstituti<mal majority:

A 'bill to oOOTect the oon!fusion caused by the adoption of the ~tock-la w in militia districts.

. Also, a bill to amend section 580 of volume 1 of the Code of 1895.

Also, a !bill ~o amend Jfue cJharter of .A:tlanta.

Also, a biU to repeal secti'On 3 of an 'act providing for the incorporating of towns and viUages, approv:ed February 28th, 1874.

Also, a bill to pr01tect electric oompanies, and for other
pu~-poses.

TuESDAY, DECEMBER 14, 1897.

6-:1:3

Also, a bill 'to authorize the sale of the NocrthP...astern Railroad.
Also, a bill to amend an act approved December 24th; 1896, to levy and collect a tax for the support of the St.ate ,government.

Also, a bill to provide fines in form of contractions.

Also, a bill <to further define the incompetency o. cecrtain persons as witnesses.

Also, a 'bill to amend the charter of Lake Park.

The House 'has adopted the following resolutions, m whic:h the concu!"l'en'Ce of the Senate is asked, to wit:
A resolution insbruming the joinot committee to investi~ _gate the office of the S~te Treasurer.

Also, a resolution instructing our Senators in Congress, .and requiring our representatives to use their v01tes in proCUring better seeds and p}ants for distribution.

Also, a resolution memorializing Congress to enact leg.islartion to plaK!e quarantine matters in Georgia under the ltfarine Hospital service.

Also, a resolutioo. to appropriate the sum of $60 to pay the pension of Amanda Thornton.

Also, a resolution to pay the Clerk of the House and' .Assist'an.t .Secretary of ifue .Sena:te fur preparing and mail.ing a statement of the status of ibusiness of 1896.

Also, a resolution requesting our United Stattes Senators,

644

JouRNAL oF THE SENATE.

Ocmgress~1n, GoTernors, etc., to furnish the .State Librarian li:S&size po:r:trait.s, to he hunig on 1fu.e w.alls of the capitol.

'!'he House has also concurred in the Senate amendment to the substitute /by the House to 1fu.e following Senate bill:

A hill to amffilld tilie dh:wter of the city of Thomasville:

'l~he House has also concurred in ifue Senate a:mendmenrts tl() the following House bills, to wit:

A bill to amend uhe cha:rter of the town of Statesboro.

Also, a bill to amend the charter o Fitzgerald.

Also, a hill to amend an act liJo enlrurge :tfu.e jurisdi!Otion of the city court of .Sav"annah.

Also, a bill to cr.eate a Board of Commissioners for the county of 'Vashington.

Also, a bill to amen!d lfue C'harter of the town of Whig ham.

Also, a bill to create a Board of Commissioners for the county of !Iarion.

Also, a bill cr'ating the city court of :Maoon.

Also, a !bill bo amend t!he county court of Taylor eounty.

Also, a ~ill to !repeal section 8, amending the cha11ter of Jesup.
The House has also pE~SSed the followiD'g Senate bills: ~~ 'bill to autJhorize tihe State Librarian to deliver t<> judges of the United Stabes court cerbain volumes of Georgia Reports.

TUESDAY, DECE:IIBER 14, 1897.

645

Also, a bill to amend section 1643, volume 1 of the Oode of 1895.

Also, a bill to permit defendants bona fide in possession .of land und.eT claim of title. to set off value of improvements.

By unanimous oonsenrt, the fullowing House ibill was taken from the table and put upon its passage:

By ~Ir. Burwell-

A bill to authorize lihe Bdard of Commissioners of Roads and ReYcnues rto p'ay fo certain officers insolvent criminal costs, and for rother purposes.

Upon the passage or i!he bill thf' ayes were 30, ruays 0.

The bill, having reoeived the requisite constitutional majority, was passed.

~fr. Golightly, Ohairman otf the Committee on 00'lporations, submirtted the following report:

Jfr. President:

The Committee on 0ol.lp0rations ib.ave had under cornsideration the following House ibill, whidh I am directed to report back with !!he rooommenCLation thaJt "tihe same do not pass, to wit:

House bill No. 714, to incorpoil'abe the Oartecay and Ellijay Telephone Company.

Hou...<>e bill No. 642, :to amend ran act approrved Decem-

646

JOURNAL OF THE SENATE.

lber 15th, 1894, vo prervent the holding of more than ooe
office by any peTson in Chatham county.

Respectfully submibted.

J. F. GOLIGHTLY, Chair.man.

The :following resolution was rea,d and adopted:

By l\Ir. ;pearce-

.A resolution to authorize 1Jhe Stabe Li:brarian to :hang certain portraits in the capitol if delivered to him.

By unanimous ooru;ent, the rollo>ving House 'bill was read tbird time to be put upon its passage:

By l\Ir. Clark-

A bill 'bo aubhorize tJhe Connrty School Oommi8sioners uo adopt books to be used in cQmmon scho<Yls of this State.

Upon the passage of the bill the ayes were 27, nays 0.

The bill, fh,aving rreceived the requisite constitutional majority, was passed.

:fifr. Golightly, Chairman 'Of ehe Cammittee on Corpore. tions, submitted the :ollowing report::

Mr. President:

'J'\he Committee on Oorporati;ons have h:ad under consideration the foHo>vimg House !bills, ""hi0h I am directed llio report back with the reJcomme-ndation tha,t the same be :re.ad 1Jhe seoond time and recommitted tJo the Conunittee on Corporations:

TuESDAY, DEOEllfBER 14, 1897.

647

House bill No. 738, !Jo amend an ruct pmviding for the election of Oounty Oonnni.ss'loners of Groone oounty.

House bill No. 829, to incorporate the viUage of Sunnyside.

Re;;pectfully submitted.

J. F. GOLIGHTLY, Chairman.

The foll{)lwing communication was rreceived from his ExceHency, tJhe GoYernor, ~hrough his Secret.ary, :Mr. WarTen, to wit:

Mr. President:

I am directed by the Go'V'ernor to deliver to 1Jhe Senate a f:ealed communic~ti:on, 'to which he respootfully invites the consideration of your lboruomble body in executive session.

J\.h. Kilpatrick, Ohail'Illan Committee on Raill'oads, submitted the foUowing report:

Mr. President:
Your Cmnmitt:ee on Railroads have had Ulll'der consideration the foHowing House bill, which they illi'itruct me to 1cp<Yrt back with tJhe recommendrution that rthe same do not pass as amended, 't!o wit:

House bill X o. 810, proYiding for suits against the NortheaSJtem Raiiroad, bhe property of the Sitate, in certain cases.

Respectfully submitted. J. D. KILPATRICK, Chairman.

648

JouRNAL O.l!' TIIE SENATE.

Yr. Golightly, Chairman of the Oommittee on Corporations, submitted the foUoiWing report:
Mr. P.resi.ifen:t ~

The O<>mmittee 0'11 Oorporati<>rus 1h.:ave had under con-
am sideratioo the following House bill, whidh I directed
to report ba'Ck wi1lh the recommend3.1tion that the same do
pass, to wit:

House bill :No. 363, to amend the charter of Wiaycross.

Respectfully submitted.
J. F. GOLIGHTLY, Chairman.
r~
Mr. Golightly, Chainnan of the Committee on Oorpora'tions, submitted the folloWing report:

!Jir. P.rcsicknt:

'.Dhe Oommittoo on OorporatiOIOS !have had under oon-ideration the following House ibill, which I am dirooted to r~ort back with the rooom.mendaHon thwt the same do pass, to wit:

House ibill No. 827, to auflhorize the city of Augusta 'flo extend Cumming street across the right otf way of the Hoorgia Railroad and Banking Company.

Respool:lfully submitted. J. F. GOLIGHTLY, Ohairman.

By unianimous oonsent, Senate bill No. 169 was withcli-a:wn by au'tlhor.

TuESDAY, DECDIBER 14, 1897.

649

The following House bill was read second time:

By ~Ir. Knowles-

A bill to authorize ifue County Commissioners no provide e>omt-rooms for justices of the peace in cities of over 60,000 inha:bitants.

The following House bill was read second time, and re-committed to Conmribtee on Corporations:

J3y :Mr. Davison-

A bill to amend 'an ad creating a Hoaro of Commissioners of Roads and Revenues :for Greene coull!ty, so as to increase the number from three to five, and elect them by the people.

By :3Ir. Boynton-

A bill to incorporate the tmvn of Sunnyside, in Spalding county.

The following House ibills were read first time:

By ~Ir. Craig-

A bill to amend an act authorizing blind Confederate soldiers to peddle wirtihout license, ~and for other purposes.

Referred to Conmrittee on Pensions.

By l\Ir. KnowlesA resolution memorializing Congress m rererell!ee to
yellow fever in the South.

OrdereLl engrossed.

650

J OUit~AL OF THE SENATE.

A bill to amend, revise, and consolidate ~e several act& incorporating i'he town ott Lake P.ark, in Lawndes county.
Referred to Committee on Corporations.
By Mr. ChartersA bill to authmize t!hoe sale ott the Northeastern Railroad.
Referred to Committee on Railroads.
By Mr. Fel.J.ierA bill to amend the 0harter o the 'City o Atlanta.
Refel"l"ed to Oommi:t!tee on Oarporations. By ::\fr. Phinizy- .
A bill to repeal section 3 of .an act of the General Assembly approved February 2Stth, 18'74.
Referred to Committee on Corporations. By ilfr. McLa.rty-
A bill bo define the irncompetency o witn~es in certa.ID cases.
Referred to Committee on Special J udic:i!aey. By ~[r. Calvin-
A resolution directing that a sum o money be paid ItO
Clerk o Hou.;;e and Assistant Secretary of the Senare for mailing the unfinished 'business to the members of the Gen~ral Assem!bly, 1896.

TuESDAY, DECEliBER 14, 1897.

651

Re:fer.red to .Committee on Appropriations.

By :Mr. Hall-

A resolution to approprirute $60.00 lbo pay pensi!tm of Amanda Thornton.

Referred to Oommittee on Appropriations.

By 21fr. Oalvin-:-

A resolution requestinlg our Senators and represeniati'Ves in Co:ngress 'to use their ]nfluence in wiser md more l~beral legislation in the matter of pul'dhasing rare and valuable seeds for distribution.

Read and concurred in.

By :llr. Slaton-

A hill t!o protect electric oompanies.

Referred <to Oommittee on iSpecial J udicfary.

By :llr. Freeman-

A bill to amend seC'ticm 580 of the fiTSt volume of t.hte Code of 1895.

Referred to Oomm:ittee on Special Judiciary.

By ::\Ir. Felder-
A bill to repe<al pa'ragra.phs 3 and 4 of s~tion 2801 of the Oade oif 1895.

Referred ro Oommittee on Special Judiciary.

T'he fullowing House resolution was read and adopted:.

652

JOURNAL OF THE SE~ATE.

By l\fr. LittJl~
A resolution instructing the sub-oommittee o!f the joint
Fiuance Oommit'tee of 'tlhe House and Senate to investigate
the State Treasury and report to rthe G<:wernor.

Tlhe following House bill \Yas n~.ad second time:

By ~Ir. Fogarty-
A bill to authorize 1the city Qf Augusta Ito extend Cummilng stree~t awoss 1Jhe right of way of rthe Georgia Railroad and Banking Oompany.

([)he fol1<YW'ing o<>mmuniootion was received from his Exoellency, the Governor, through Mr. Warl'en, his Secretary, '1io wit:

lllr. President:
I am diJ.,ec'ted lby the Governor to deliver rto the Senate a sealed oommunication, to which he r&>'"Pec.tfully imitea the consideTation of y()ur honora:ble body in executive ses-sion.
~IT. St3!IT, Chairman of ~the 'Committee on Engrossing, submi~ted the following report:

Mr. President:
The oomm:ittee have examined and found duly engrossed and ready to be transmitted to 1fue House 'the oHowing -'bill, to w]it:
A bill to p1ovide a plan for better bax returns of this .:State.
Respectfully submitted. 0. N. STARR, Chairman.

TUESDAY, DECEliiBER 14, 1897. The following House resolution was read 1Jhird time:

A resolution appropruating compensation or the Penitentiary Committee.

This resolution, carrying an appropriatian, the ayes and ll'ays were called, and the V'Ote was as follows:

Those V'Oting in the affirmative were Messrs.-

Allen,

Goldin,

Starr,

Atkinson,

Golightly,

Stewart of the :?7th,

Battle,

Gray,

Stewart of the 3-ith,.

Brinson,

Ham,

Strother,

Comas,

Hudson,

Thomson,

Cook,

Kilpatrick,

Van Buren,

Culver,

Mann,

Wilcox.

Everett,

Sheffield,

Witcher,

Flewellen, Geiger,

Shropshire,
'I'
.

Wooten.

'rhose voting in the negative were Messrs.-

Blalock,

Flynt,

Brooke,

Hopkins,

Carter,

Kemp,

Castleberry,

II
Those not voting were Messrs.-

Redwine, Turner, Walker of the -iOth.

Dunwody, McFarland,

Stevens,

'Vestmore-land,

Walker of the 18th ):lr. President.

Ayes 28. 'Nays 10.

The resolution, hanng received the requ:isirte -oonstiwtional majority, was passed.

654

JOUR8AJ, OF THE SENATE.

Mr. .Shl'Opshire, Ohairmoan o Oommittee on Special J udidary, subm~tted tlhe follawing report:

Mr. Pre.s-ident:

T'he Special Jud~ciary Committee have had under con,;idetration the foUowing House ibills, which they instruct me to report bruck t.o the Senate with the recommendation
tha;t the same do pass, to rwilt:

A hill to change the time o holding Superior OouTt of Terrell oounty.

A hill to exempt f.rom jury duty certain members o'f )f.aoon Light InfaDJtry.

A bill1to amend the ;pu!blic school system of Oxford, in Newton county.

A bill to amend an aot to creaJte the State )femorial Bolu-d.

A bill to amend ifue public schlool system of Lumpkin, in StEll\vart oounty.

A bill to Irulke :i>t a penal offense for any person tO set fire
to g11ass or woods of all'otiher.

'l'he Co1Il!Ilrlbtee reoommend that .tJte authlor be al1owed to withdTaw the following hill, to wit:

A bill 'l1o -eStaJblish lthe city court o Clarkesville.

'.Dhe committee recommend that the foUowing ~bill do not pass:

TUESDAY, DECE:\JBER 1-1, 1897.

655

A bill ~o require Doughe~ty county to pay to officers of the court cerbain oost.s.

Respec:tfully submitted.

\\---:ESLEY SHROPSHIRE, Chairman.

J.Ir. BrinSion, Oha.innan of Committee on Enrolling, submitted the following report:

M1. P.re&i.dent:
The Comm~ttee on Enrolling !have examined and found duly enrolled amd cveady :Bor the sign:atures of the Presi-dent of the Senate and 'llhe Speaker of the Hause d Representatives the foUowing joint resolution, to wit:

A resolution providing rha:t Sunday, DC'eoember 12th, be declared a flies non f{)II' the Genoeral Assembly, and tha:t no per diem be charged for that day.

Respectfully submitted. ED\VARD L. BRINSON, Ohairman.

The following House resolution was read second time:

By :llr. Timmerman-
A resolution retrurning tio J. L. Horn, sheriff of Webster
county, $60.00 :f.or am.ounlt paid out by ihim for defending himself in a certain oca:se.

By unanimou.s<c.onsent, the following House bill was r~ad third time:

656

JOURNAL OF THE SENATE.

By Special Committee--

.A. bill to provide ~or a prison commission for the State of Georgia.

Upon motion of ~fr. Kilprutrick, rffhe bill was considered bj sections in adopting oommitttee amendmenlts.

By )fr. Hoplkins-

Re::.olwd, That the debate on any secti10n, amendment or substitute be limited 1o five minutes.

Referred to Commitltee on Rules.

J~y }fr. Golightly----

ResolYed, Tha!t the deJbate on any of the amendmenU;~ substitutes and sections be limited to ten minUJtes.

'Referred to Commi,ttee on Rules.

Upon motion of )fr. Be1mer, when the Senate adjaurn it is to meet again at 3 o'dock.

lTpon motion of 'Mr. Turn.er, 1)he ses&on was extended until 1:15 o'clock.

The hour of adjourrnment having l!I.J.'Irived, the Senate adjourned until 3 o'clock 'P m.

3 O'clo~k P. ).f.
The Senate met plllrsnant to adjonrnment at 3 o'clock, 8nd was called to order by Vhe President pro tern.
By unanimous consent, the roll-eall was dispensed with.

TUESDAY, DECE:IIBER 14, 1897.

657

upon motion of )fr. u-ongmly, the following Honse bills were read second time:

By )fr. Kendrick-

A bill to -change the time of holding Terrell Superior Comt.

By 1fT. Ellis-

_.:\. bill to amend the system of public sclhools in the city of Lumpkin, in Stewart counrt;y.

By :Jfr. Pace--

..:\ !bill to amend an tact providing a s;ystem of public 5C hools in the t.own of Oxford.

By :Jfr. Reid-

~-\. bill exempting from jury duty certain members of tlie~~Iacon IJigh't Infantry.

A bill 'to creaote a board to 'be kn01wn as ilhe Sr-ate :Jfemorial Bomtl.
By :Jfr. ..:\owtry (iby request)..:\... bill to amend sectiolll 5 of an act approved Novem-
ber 12-t'h, 1889.
By :lfiJ.. BerryA bill requiring corporations doing a life insurance busi-
IH''"" in the Sna.te to hme printed on their policies certain Y.'orcls.
42s

658

JOURNAL OF THE SENATE.

By Mr. :fifcOramie-

.A bill to make rt a penal offense to set :fire to grass o:r woods om another's land. I

~fr. Shro:pShire, Oh:airmrun Committee on Special Judi-ciary, su!bnritted the following report:

Mr. President:

The Special Judiciary Oormmittee have nad Uillder OOnsideration House bill No. 656, wh:i!ch they instruct me <to repocrt back witJh tfue recommendation that the S'ame clo pass, to wit:

J\. bill tJo repeal tJhe city court of 1f.onroe county.

_Also, House !bill No. 657, whicih I am instructed to report that the SMile do pass as amended, to wit:

.A bill to establish the city court of F-orsybh.

RespeC'tfully sU!bm:itted.

WESLEY SHROPSHIRE, Chairman.

0-fr. Sta:r:r, Ohruirman pl'O tem. of 1Jhe Committee on Engt'ossing, submitted the ':liollowing report:

Mr. President:

The Engrossing Oomtmillbee have eXJamined and found <I.uly engroosed and ready 'tlo be transmi~ted to 1!he House the following Senate 1bills, tJo wi:t:

..A bill to regulate iihe sale 'and distrib111tion or dynamite, nitroglycerin, and other explosive swbstiances in this State.

TUESDAY, DECEliBER 14, 1897.

659

:Also, a bill to prevent the felling OT cutting Of trees in wateTIOOurses or st1-ea:ms in .this Stalbe.

Respectfully su!bmitted.

0. N. STARR, Chairman pro tem.

Thoe :fo.Jllowing House resolution was read 'tJhird 'time to be put upon i'ts passage:

J3y Mr. .Armstrong-

Approprioaiting $280.00 to pay the expenses of the joint -colillllittee fu-om .tfue Sooate and House to o0on'fer with the President of the Sbate University.

The bill being ~an appropriwtion, .tlb:e ayes and nays were .calloo upon its passage:

T'he Yote was as follows:

fl'hose -voting in the affi.rmatiYe were :Messrs.-

.Allen, Atkinson, Battle, Blalock, Brooke, 'Carter, Castleberry, Culver, Flewellen, Flynt, Geiger.

Goldin, Golightly, Ham, Hopkins, Hudson, Kemp, Kilpatrick, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stewart of the 27th, Stewart of the 34th, Strother, Turner, Van Buren, Walker of the 40th, Wilcox, Witcher, Wooten.

Those not voting were Messrs.-

Brinson, Comas, 'Cook, Dunwody,
Ayes 32.

Everett, Gray, l\Iann, Stevens,
Xays 0.

Thomson, Walker of the 18th, 'Vestmoreland, Mr. President.

660

JouR~AL oF TIIE SEC\ATE.

The resolution, 1having receiwcl the requisite constitu tional maj-ority, was passed.

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

Jfr. President:

The Honse has adopte<l the follocwing resoln tions m \\"hieh the concurrence of the Senate is asked:

.\ re;;olntion appropriating $GB.22 to pay for the snrvey of the 1\T. & A. R. R.

~\bo, a I'esolution bo appropriate $17.00 to pay the ex penses of 'the comm~trtee for taking testimony in the CL1y t"Onnty contested -election case.

_.:\!so, a reBiolution to pay ~Irs. Joseph Cohen of Troup eounty.

By ~Ir. Rutherford-

~\ bill to estarblish a ei.ty conrt m Forsyth, ~Ionroe c<JU nt~.

lTpon thie p~age of the bill tl1e ayec.S '\Vere 2-, nays 0.

The bill, having received the requisite constitnhionalma jority, was passed'as 'a:mended.

~\men!d section 11 by striking tlw-Tefwnn the \Yords "first ~fnmlay in ~Lwch, June, Sep;temher, and Dect>mher," and inserting in lien thereof the \YonL: "seroIHl ~[nnd'a~ in ,I annary, A1wil, Jnl~, and Oetnher :" an<l b~ striking from :"ni<l ,<Cetion the \\"ords 'first Jftm<h1,Y of C'aeh" a111l inserting in lien thereof the words "seeoml ~Iomlay in each."

TuESDAY, DECEMBER 14, 1897.

661

Amend aection 31 by adding at the end ilheroof "proTided, tha:t all suita and all prroceisses, whether mesne or nal, retlU-nable to the De~.emfber, 1897, rberm od: the city court of :Jionroe 'county, be, and t!he sarrne are, .herelby made :returnafble to the January, 1898, berm of the city '0000 ci Forsyth, and in a1l cases in the city court of ~fonroe when t!he judgment ternn would be the December, 1897, term, t!he judgment term in the dty court of Forsyth S'hall be the J anua['y term, 1898."

Amend by striking out all of selction 35 and inserting in li'eu thereof -the following:

Section 35. Th1at for all able-Jbodied male convicts from sa.id city court >Yho are mken charge of rby 'the Ooun:ty Commissioners, and by them put to work on the public roa,ds of said county, the said Couwt.y Commissione~ shall pay into rthe eounty tl'easury $2,00 for earch m.onth for wh'iJCJh t!he coon'ic't was sentenced. i'Dhat for all other con-vicis placed on said pu!bl~c il'Oaids they shall pay into the ccmnty treasu<ry such sum ras may seem to them reason.able and right; said money shall .be by ,1Jhe 1Jreasurer of the county paid to the pro1:J'er ofticer\S on t!heir insolvenlt lists .according t'o the appropriat:i1ons es11aibl<ished.

Amend ~ection 4 by striking therefl'Om 1Jhe words "the next general State eledti.on" and inserting in l~eu thereof the words and figures "Jammll'y 1<>t, 1899," and by striking from said section the worcls "the next general dectron" .and ;j_nserting in hen t!hereotf the words and figures ''tfue first -day of January su1coeeeding the nlext general election."

662

JOURNAL OF THE SENATE.

~'\.mend section 5 lby strikin.lg the woo.'ds ":Monroe counti,. where they occur in the f.ourtJh line from t!he end of said section oand inserting in lieu 'tlhereof 1ih'e WOl'cUs "this Srtate.',.

~mend seetion 6 by sh"ili'llg there:f.rom the words "next gener~ eleotion" and inserting in lieu thereorf the 'Words and figtnes "J!Lllulary 1st, 1899," and by striking there-
from the words "said gen'etM.l eloot:lon" and inserting In
lieu 1Jhere1of the wordS a:nd figures "January 1st, 1899,n
and by striking from said section the words '~or eYery .oose
finally disposed of in said city court founded on accusation $10.00; for eYery case of a Yiol'a:tion of the criminal laws of this &batte $25.00," and inserting in lieu thereof t'he w01-ds "for eaJdh. .a:ccllSaJt.ion dQ'aJWD in said city court $5.00 .and his fees for prosecution."

'Amend section 7 by striking therefrom the wort& "next general State elelction" where 'they ooou.r in the sixth anld
s:wentih lines of said Seetion, and where tlliey OCCUl' m 'tfue
eighcth and ninth lines thereof, and inserting in li'11 thereof the words and figures "JSJnuary 1st, 1899," and by striking be!JW'een the W'()ll'ds "the" and "next" in the twelfth line of said section the words "fu--$t day of January succeeding the."

By law 1fue cierk of said city coort shaH keep two lists, one of the criminal cases transferreld from the Supe6or Oourt, .an!cl 1t'he 'O'bher otf :crim1na1 cases orig~nating in said city 0011l't, w!hicJh lists Shall show the n'ames of the d'efendants, the <:tisP'osi'ti!on of cases, the anmnnt 'Of costs to wbrich e'a!e:h o:ffieer is entitled, lf:he amount of :fin:e, and th~ am'onn't 'Of same p.aikl each o:ffioor, and on the Se'C<>nd Mon-

TUESDAY, DECEliiBER 14, 1897.

663.

day of each month .he shall make a <repotrt to the judge, !lLlld if the lists me foullid correct and fifue moniey appro'])riated according to 'law the judge shall approve said lists; if incorrect, he s'hall correct 'them and :approve them. Wihen said lists have been ap'P'roved they shall fbe <recorded on the minutes 'of said oo11.ut. In the event the present system of road-working in said cOlmty is aboli~hed, 1:Jhen the convicts from sruid city court shall fbe disposed of as is or may beprovided by larw.

~~mend section 36 lby 'striking ifuel'elfiom "said county on the first nfonday in each month," and insert in lieu thereof the words "of Forsyth <on the first second ~1:ond'ay next i3ucceeding t'he rcommi'l:Jment trial," and they ~all make out and send up with the commitmen't a correCJt rbill of 'tihecosts in t1he justice court.

Amend section 39 lby striking -therefrom the words "five dollM's to 'be coHected mJid paid 'as other C'Osts in the city rourt," and inserting in lieu thereof th1e words "the sameas now or may herearrt:er be fixed by law," and the sohcitorgene-ral of J:lhe cir,cuit embmcing the coll.lllty of ~fomoe sh1a1l ha\"e tJhe pri,"irleges of p11osecuting all 'CaSes transferred from the city 'COll'r,t ,o:f j\f<onroe eounty and -the SuperioT Court, 'and t!he fees, fines and focleitu.res in said cases shall be, after paying the 'C'05ts of the parlicular case in which tthe funds '&ee raised, paid to the solici'tor-general, the sheriff, and the clerk of tfhe city and iSuperior Oourt, ,anld -the justices and constaJbles, as is no:w or may hereafter be pr'Ovicled by law.

JoURNAL OF THE SENATE.
Amend by striking out .a:n of section 40 and inserting in
li-eu there.otf tihe :f!ol!Jowing: "The judge, soHcito1:, and 0lerk of said eourt Shall he el~teld every t\vo years, at the same elections, iby 'the same electors, and umler t:he same regulations and -r.estrictiions as members of 'the Legisla:t.ure are dected. l']_)he result shall 1be decli31red as in C'ase of otheT {;Oun'ty offi~ers, 13nd in ease of cont.est 1Jhe met!hiod shaH he ru; ~s provided iby law for contests in C'.ase 'Of 101:lher count.'' offi.eeTS. :T,he judge, solici'tor, and clerk of said colmt shan be ~'ommissioned lby :the Govemor. .
Tiy Messrs. Rutherfu.rd :and Wor.ijham-
A bill tJo taiboliSh the city -court of )f:onroe county.
Upon thte passage of lbh:e 1bill t:he aves were 24, Il!ays 0.
The bill, having a.eieeive'd bhe requisite constitutional majority, was passed.
The :following H'()use ;resoluti!On W1aS read :firs't time:
J3y Speciall. Joint Fin,ance Committee-
A resQlluti'on tJo appl'opriabe $612.22 for spetcial ch'il engineers for W. & A. R. R.
Hefe~ to Oommitvee 'On Finance.
lly ~IT. Bul"well-
A rSolution to appropriate $17.00 to oontoot committee in Clay county.
Refel"l'ed to OommittJee on OoT'pora:tions.

TuESDAY, DECEl\IBER 14, 1897.

661

By :Mr. Longley~

.A l'esolution :approprra!ting $30.00 t!o Mrs. Joseph Ooihen ss a pension under the act of 1895.

Referred to Oommittee on Pensi'Ons.

At 4 o'clock t.he Senate wenit intJo executive session.

The foHmving House bill 'Was read third time to be put 11 ptm its pa~age :

By }fr. Thomru-
A bill to amen!d the dharteor of the city of 'Vaycross so
a~ to e~tablish a system of sewerage and dminage of said <lity.

Upon the passage of the rbill :the ayes were 28, nays 0.

The bill, ~mving received the 1'equisitle constitutional majority, 'W'as passed.

Privileges 1of the floor were extended to )frs. 'Whitney of New York, and )fiss Reid oif Putnam, during 'their stay in tihe c.it.y.

The following message 1v:as received from the House through )fr. Hardin, t:he Clerk thereof:

.Jfr. Presid.eut:

The House has aldopted lt'he folloowing resolution in which the conmwrence of the Senate is asked, to wit:

A resolution authorizing the GO<Vemor to borrow money to supply any c.asu13.l deficierncies.

666

JOURNAL OF THE SENATE.

~fr. BriiiS'On, Oha:irmlan. of Commi.tbee on Enrolling, submit!ted the following repart:

Jh. P1-esident:

'The Oommittee on ED.Toliing 1ha.ve examined and found duly ~eruolled 13ll:d 1~eady fm th~ signaturea of the President o the Senate M.d the tSpeaker 10 11Jhe House of Representatives thle f:olloKving ~act, 't'O wit:

.An act to give certain righ:ts to rdefendants bona fide in possession of lands to set off under claim title t:'he value of improvements, <and to recover I!Jhe value of the same.

Respectfully sulbmitJte!cL

EDWA!RD L. BRINSON, Oha~rman.

Unfinished 1>usin'eSS was a 111ill by Special Oommittee to provide for a Penitent1~ary Gommissiion.

Leave of absenoo was g.t"anted !Ie&"'l"S. Van Buren, Redwine, StewaTt of 2'Nih, and Oarter, for tcrnight's session.

}fr. Battle mloveld .f:o <adjourn until 8 o'dock, which motion was camed.

The Sena.!te stQiod adjourned un.til 8 o'clock.

8 O'clock P. M.
The Senate met pursuant 'to adj,ournment at 8 o'dock, and was called 'to order iby the President pro tern.
Upon motion of :M:r. Cook, the roll-call was dispensed with.

TuESDAY, DECEMBER 14, 1897.

667

~Mr. Sliropshire, Oh:airm:an Special Judiciary Committee, su'bm.itltled tih'e following l"eport:
Jf.r. President:
The Speci'al J udici'ary Com.mittee haV'e hlad nnder considerat'ion the :following House b'ills, which they il1Strulct me to Tepo~t back to the Sen~.lte with the recommenda:tion t111at same do pass, to wit:
.A 'hill to define 1:b.e inoompetency of ce1<tain persons as witnesses .

.A. i>il'l tio protect eloobric companies.

A bill to amend an ac.t reiJ:ative to gum~anty companies.

A bill to runend an act approved Dec0ll!'he!r 12th, 1882.

The oom'llll.1ttee reeom:mends that 1fue fuUowing ibills be l'eferred tback for second l'eading, an1d be ~e~ommitted:

A bi'U to provide for liens in :favoc 'Orf contractors.

.A hill to amend .section 580 df volume 1 of tJhe Code orf 1895.

The committee recommend thalt the -oll<J!Wing bills of :the House do not pass, to "'vit:

.A bill to corTect ;tJhe confusion caused by adoption of stock-law in militia distric'ts.

A bill'rto amend an acrt regulating the sale of liquor in Tatnrall county.
Respectfully submitted.

i\VESLEY SHROPSHIRE, Chairman.

668

JouRNAL oF THE SE~ATE.

The floHowhig message was reeeived from the House through )fr. Hardin, lfue Clerk thereof:

Jh. Pre8i.dent:

The House has passed iJhe following House bill by the requisite oonstitultional mtajoo:i:ty:

A hill to prescribe 'the grade o fertilizers.

Also, a bill to prO'hi'bi>t <dynami'ting in Georgia.

AlS'o, a resolution 'll.:LaJcing an -ruppropriation for the balance clue for t'he publication of thoe Code O'f 1895.

The :following m~ge w1as received from !the House through }Ir. Haroin, the Olerk 'thereof:

Jlhe Hmll>"e 1has passed tlhe following bill of tJhe House:

A bill to :vegu!latle 'tlhe sale 10' .prison-made goods in t'his St.ate.

The f.ollowing message '\\'as Teeived from the House th1ough ~fr. Hardin, tJhe Clerk the.reof:

lfi?'. President:

.

.

The House has passed the follQ1\ving ibill, to wit:

A bill to require aJ:l p1.10mi.ssory not~Cs ;or otfu.er con:fJracts tal~en fo~ the purehlme price of patents Ito ih'ave expressed on tl1e face of same the oarr.tide Or tJhing, otherwise the same
shall be void, and the same subjoot to 'all the equities ex-
isting belbw'en tlhe o~riginal parties.

TuESDAY, DECEliBER 14, 1897.

669

By unanimous consent, tthe following House resolutions were re'ad first time:

By )fr. Sla'ton-

A 1esolution appropriating money to pay balance due on tJJe Code.

Refe1"1ed to Committee on ..:\.ppropri:aitions.

Ry )Jr. Freeman-

A resolution authorizing the GoYernor to honow money to supply deficiencies needed 'before next session.

Refened to Committ0e on Finan'ce.

Also, the fOlllowing House 1bills were rea:d first time:

By )fr. Bartlett-

A hill to prohibit .the de~troying of pl'Oiperty hy dynamite, nitroglycerin, or o'ther explosiYe suhstml<'es, in the State.

RefetTed to Committee on General Judici-ary.
By llfr. malock-

.A hill t'o prescri,he three grade=- of commercial fertilize!TS in this State.

Referred t.o Committe-e on .:\.gri:culture.

By :Jir. Awt.ryA bill to regulate the sale of prison-made goo!ls in this
State.

-670

JouRNAL oF THE SENATE.

Referred to Committee on Manufuetories.

l3y ~Ir. Oan.non-

A 1bill requiring ~S.ll pi~omissory ntotes or contracts ta;ken
IOT pa'terut rights t<> express .tfue force !thereof.

Referred to Oo!lll1lli'ttee on General Judidary.

15y Mr. :Melodrim-

A lbill to amend section 1844 of ilhe Oode 1of 1895.

Refer.red to Committee on Banks.

By ::\Ir. Longley-

A ib'ill to aultili.orize anld. empo--wer oounty and municipal 1l:mthorities to e:nact regulations or ordinm:rces to provide f.or enforcing v>ac.cinaticm, an:cl .for o~her purposes.

Referred to .Committee on Hygiene and Sanitation.

PriYileges :of the floor were eXJtended .to Ron. 0. R. vV-oolsey during his stay in tlhe city.

The following message was IeceiYed from .the House through }fT. Hardin, the Olerk therrof: J.ll r. Pte.sident:
'Dhe House has passed the followimg !bills 'by the reqlri.site constitutional majOTity:

A bill to amend section 1844 of i!he Od<ie o 1895.

Also, ta till to autili.:orize C'ounty and municipal au't1horities to enac:t rules f'01r the g1overnme:n;t of vaJooin~aticm, -and to enforce same.

TuESDAY, DECEl\IBER 14, 1897.

671

JHr. Blalock, Chairman of Firuance Committee, submitted th~ following report:

ilfr. President:

'The OommitDee on Finance h'a:ve b:ad under consideration the foUo"vi:ng Horuse bilil, which .they instruct me to report back 1Jo the Senla;te "ivirtih t,he recommend1ation that same do pass, to wit:

A lbill to appropx.~alte $320.00 to sclhool-:book commission.

11he committee 'J-'ecommend tha:t the :following resoluti~s do pa:ss, to wilt:

A resoluti!on 'appl'Opriating $150.00 to pay rt):l8 elevator boy.

A resolu'tion app11oprialting $2,000.00 for exptmses of committees visiting convict camps.

Respectfully submitted.

BLALOCK, Chairman.

)fr. Stffiens, Ch:aim1an Of CommitDtee on .A1ppropriatiom: bubmitted the :J1ollowing report:

Mr. President:

The Committee on Arppropri'ations have had under conbideration the following House resolution'S, which they instruct me 'to repm1t back to ehe 8-enate with the recommendation l!ha;t the same do pass:

A resolt.ion app1'opriating $2,000.00 to supply a deficit in agricultural d'epartment.

672

JOURNAL OF THE SENATE.

A resolution appropriruting $2,000.00 to l'epair <:apitol building.

...:\. re.;:.olution appropr~ating $3,-00.00 to erect fire wall::~ for T..unatic Asylum.

A reo.olution providing for payment of assi~tant doorkeeper for House-.

..:\. bill appropria'ting $1,000.00 for the purp:o:"e of building a boiler honse at the Georgia S~.hool for the DC'"af at C'aYe Spring.

STEYEXS, Chairman.

:l\Ir. St.eYens, Ohiail'lmm of Committee Dn Appropriations, t'nbmi t.tecl the following report:

.lir. Prr8idc11t:

The C'ommittee on Appr.opria,tions 'han had nmler c.\m:'>ideration the following Home re-wlntion;;, "hi('h they instrud me tO report 1l1ack to the .Senate with the rC"commendation that ~am.e do pass, t'o wit:

A resolution appropq~a1ting payment for balanee due on Code.
A re;;olution to reimhnrse t'he she-riff of \Y<>bster county eertain mone~s.
The connniHeoe r.eeommend 't.ha:t. the follmYing Honse r:~olution;; 1be read seMnd .time and recommittetl, to "it:
A resolnt.ion directing thiat a certain .snm of mone~ be paid the CleiJ.k of t1he Honse and ..c\ssi~t.ant Se-cretary of the Senate for special work.

WEDNESDAY, DECE)IBER 15, 1897.

673

~-\.. resolution to ruppropriate $17.00 for 00Sts in contest ca...~ in Clay oounty.

A rC>solution appaopriating $60.00 for pension of Amanda Thomton.

Respectfully sU'bmitited.

STEVENS, Ohai:rtt:n'an.

"Unfinished business was 'a bill by Speci'al Committee to cre.ate a prison commis8ion in this Sttate.

l)pon m1otion of .}fr. S1Jarr, the Senate adjourned unrt;il to-morrow alt 9 o'clQICk.

"r Senate Chamber, Atlanta, Ga. ednC"Sday, December 15, 9 O'clock A. )f.

The Senate met pursuant to adjournment, and was called to on1m by the President.

Prayer '"as offered iby the Chaplain.

r pon C>all of tH1e roll t.he following members answered

to t.hC>ir names:

Allen, Brinson, Brooke, Uarter, Castleberry, Comas, Cook, Culver, Everett, Fleuellen, Flynt,
43s

Geiger, Goldin, Gray, Ham, Hopkins, Hudson, Kemp, )!ann, :\IcFarland, Redwine, Sheffielrl,

Starr, Stevens, Stewart of the 27th, Turner, Van Buren, Walker of the 18th, Walker of the 40th. Wilcox, Witcher,
'Vooten, :\Ir. President.

674

JOURNAL Oll' THE SENATE.

Those absent were Messrs.-

.Atkinson, Battle, Blalock, Dunwody,

Golightly, Kilpatrick, Shropshire, Stewart of the 34th,

Strother, Thomson, Westmoreland.

J ournaJ of yesterday was read and approved.

Mr. Stewart (of the 341lh), chairman of the Committee on Banks, submitted the following report:
JJr. Presi.dent:

Your Committee on Banks have lhad under consideration the :following House bill, "'vihich they instruc;t me to repo!rt back with a recommendation that the same do pass, to wit:

A bill to be entitled an act to amend section 1844 of the Code of Georgia of 1895.

Respectfully submitted. T. D. STEW.ART (34th), Chairman.

Mr. Flewellen, chairman of the Pension Committee, sub mitted the following report:

Mr. Prcsi.dent:
The Committee on PensiOllS have had un'doer consideration the :foHowing joint reS'Olution, which they instruct me to report back with the recommen<:Vation that the same do pass, to wit:

Joint resolution No. 180, by Mr. Longley, of Troup,

WEDXESDAY, DECE)JBER 15, 1897.

675

which JH"''\'ides for the payment of $30 to ~frs. Xosiah Cohen, of Troup oonnty, as a pension un-der the aet of 1895.

Respectfully submitted.

E. A. FLEWELLEN, Ohairman.

The following House resolution was read the third time,
t.o oo put upon its passage:

Tiy ::3Ir. ChartersA resolution appropri'ating $50 to pay David Hurd for
-serYices as porter for House, 1897.

This being an a;ppropriati.on, the ayes and nays were
-called, and the vo.te was as foilows: e
Those voting in the affirmative were Messrs.-

Allen, .Atkinson, .Battle, Blalock, Castleberry, Comas, Cook, Culver, :Dunwody, Everett,

Flewellen, Geiger, Gray, Ham, Hopkins, Hudson, Kemp, Mann, Sheffield, Starr,

Stewart of the 27th, Stewart of the 3-!th, Strother, Thomson, Van Buren, Walker of the 18th, 'Vilcox, Witcher. Wooten.

'I'hooe voting in the negative were Messrs.-

;Flynt,

Kilpatrick,

Turner,

Those nrot voting we.re Messrs.-

"Brinson, .Brooke, .Carter, Goldin,

Golightly, McFarland, Redwine, Shropshire,

.Ayes 29. N a.ys 3.

Stevens, Walker of the 40th, Westmoreland, Mr. President.

676

JOURNAL OP THE SENATE"

The resolution ha:ving received tlhe requisite consmtutional majority, was passed, as amended.

Amend caption of resolution by adding at the end of the word "House" the word.s '~and one hundred dollars ($100) for one extra porte1r for the Senate for fifty day:>."

Amend resolution by adding alt the end of the word ''serviC'e" :the words "and one hundred doHars ($100) foa." an extra porter in the Senate for fifty days' serTice."

By ::\Ir. Little-

A resolution appropriating $150 to pay the elevat-oo. boy for the session of 1897.
0
This being an appropria.ti()II}, the ayes and na~;; were called and the -vote wa.s as follow;;:

Those voting in the affirmative were Messrs.-

Allen, Atkinson, Battle, Blalock, Comas, Cook, Culver, Dunwody, Everett, Flewellen,

Gei~er, Goli~htly,
Gray, Ham, Hopkins, Hudson, 2\Iann, .McFarland, Sheffield, Starr,

Stewart of the 2ith, Stewart of the 34th, Strother, Thomson, Turner, Walker of the 18th, Walker of the 40th. Wilcox, \Vitcher, Wooten.

Those voting- in the negative were Messrs.-
Kilpatrick.

WEDXESDAY, DECE:IIBER 15, 1897.

677

Those not voting were Messrs.-

1Brinson, 'Brooke, Cifrter, Castleberry, JFlynt,

Goldin, Kemp, Redwine, Shropshire.,

Stevens, Van Buren,
"'estmoreland, l\lr. President.

Ayes 30. Nays 1.

The resolution htruving l"eceived the requisite constitution::ll majority, was passed as amended.

The amendmenlts were as foll<J<ws:

Amend by adding to the caption the following words: "and $2 pm day for six pages in the Senate."

Amend fru,ther, hy inserting in -tlhe resolution between the words "session" and "and" in the fifth line 1fu.e wol'dS "and $2 per day for six pages in th'e Senate."

The unfirlli;bed business was ttaken up, which is a bill

By Special Committee-

A bill to create a Prison Commission fm the State.

By unanimous consent, Mr. Starr withdrew his substi-tute for convict bill.

::\Ir. Cartei's -s1ibstitute fOil' the convict bill was lost.

The Yote on tlhe bill by Special Committee was taken by .tlye;; and nays, .and tili.e vote was as follo-ws:

678

JOURNAL OF THE SENAT~.

Those voting in the affirmative were 11:essrs.-

Atkinson, Battle, Brinson, Comas, Cook, Culver, Dunwody, Everett, Flewellen, Geiger, Golightly,

Gray, Ham, Hopkins, Hudson, Kilpatrick, :Mann, lie Farland, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 2ith,.
Stewart of the 34th, w
Thomson, Turner, Van Buren. Walker of the 18th,. Walker of the -!Oth, "\\Testmoreland, Wilcox, Wooten.

Those voting in the n-egative were Messrs.-.-

Brooke, Carter, Castle berry,

Flynt, Goldin,

Strother, Witcher.

Tlhose not voting were )fessrs.-

Allen, Blalock,

Kemp,

~fr. Presirlent.

Ayes 33. Nays 7.

The bill having recein~d the req11isi"tc eomtitutional rna~ jority was passed as amended.

Amend sect.i'On 1 as follows: By striking all of said section after the WQII'd "unt.il" in line se>en and insert in lieu thereof the foHowing language: "their respective suceessors are elected and qualified as hereinafter provided. At the general election in October, 1898, one commissione1 shall be elected, and at ea.~h following general election, one commiSS'ioner s:hoall be elected. The commissioners so a.p pointed by ~he Governor shall cast lots and determine which:

'VED:8ESDA Y, DECElfBER 15, 1897.

679

of the said commissioners shall hold office until the general election in OctobeT, 1898, which shall hold unti1 thte general electi'On of 1900, and wlb.ich shall hold until the geneml -election of 1902, or until their successors are elected and qualified."

Amend section 2 by strikiTig all of said section do.wn to the "ords "in ~ of any vacancy" and in liem there10f sub stitnte the following: "That the terms of office of the commissioners elect.ed by the people shall be for a period of six years."
.Amend section 5 by striking "$1,000" and inserting in lieu thereof "$1,200." Amend section 5 by adding after the word '~annum" in fifth line t.he words "and in addition thereto, actual <braveU.ng expenses while in the disch'arge of his duties."

Amend section G by adding after "provL<:e" in second amendment, the following: "Provided further, that any person or corporation having hired any convicts under the provisions of <t>his bill, and failing or refusing to ccrmply with the rcp:ulations of -the commissioners, shall forfe.it all rights under any contract of hiring, and in the discretion o:f the c>ommission, said commission shall have power and authority to take from said hirer the Clonvicts so hi1'ed and rehire the same under the proYisions of this bill.

..:-\.mend paragraph one of secti'on 6 by adding the follo"ing language at the end of first paragraph: ''Provided, that the guards so appointed shall not receiYe a greate:r sum than $25 each per month, and the o:fficel's and ph~'8icians

680

JOUR:'<AL OF THE tlEXATE.

so appointed shall n'()lt receive a greater sum than $100 each per month."

Amend section 6 as follows: by inserting after the word ",ariet.y" and before the word "and" in the fifth line of said section the word "quality."

Amend section 6 by striking the \\"ord "the" in line 32 of scetion 6 bet,Yeen the worcl "ment" and the word "oounty" and inserting in lieu thereof, the ''"o'lcl "no."

Amcml section 6 by i';tl-iking from line 34 the word3 "npvn i'nch public works."

Amend section 4: Provided, that no commissioner shall rece.in~ any compensation for railroad fare from the Stat& \\hen traveling on free passes.
r pon the adoption of this amendment, :Jir. Kemp called
for the ayes and nays. The vote was as follows:

Those voting in the affirmative were :Messrs.-

Allen, Blaloek, Brooke, Carter, Castle berry, Cook,

Flewellen, Flynt, Goldin, Golightly, Kemp,

Stnrr, Stewart of the 34th, Rtrother, Walker of the 40th. wooten.

'Dhose voting in the negative were Uessrs.-

Atkinson, Battle, Brinson, Culver, Everett, Geiger, Gray, Ham,

Hopkins, Hudson, Kilpatrick, Mann, l\IcFarland, Redwine, Sheffield, Shropshire,

Steven~,
Stewart o{ the 2ith,
Thom~on,
Turner, Yan Buren, Walker of the 18th, Wilcox, Witcher,

WEDNESDAY, DE<.:E::IIBER 15: 1897.

681

Those not voting were Messrs.-

Comas, Dunwody,

Westmoreland,

;\lr. President.

Ayes 16. Xays 24.

AmenclmeiJlt was lost.

.Amend section 4 by striking from line two of said section the figures "$2,000" and insert "$1,800."

Upon the ado-ption of this amendment :Mr. Walker called for t.he ayes and nays, 'vhich call was sustained and the vote was as follow.s:

Those voting in the affiT'Dlative were 1-fessrs.-

Allen, Blalock, Brooke, Carter, Castleberry, Everett,

Flewellen, Flynt, Goldin, Kemp, Starr, Stewart of the 34th,

Strother, Turner, Walker of the 18th, Walker of the 40th, Witcher. "'ooten.

Those voting fhe negative were Messrs.-

Atkinson, Battle, Brinson, Cook, Culver, Geiger, Golightly, Gray,

Ham, Hopkins, Hudson, Kilpatrick, l\fann, 1\:lcFarland, Redwine,

Sheffield, Shropshire, Stevens, Stewart of the 27th, Thomson, Yan Buren. Wilcox.

Those n'()ll; voting were Messrs.-

Comas, Dunwody,

\V e s t m o r e l a n d ,

:Mr. President.

682

JOURNAL OF THE SENATE.

Ayes 18. Nays 22.

.A.mendment was lost.

.A.me.nd section Gby striking all of said section after the word "necessary" in the fifth line of said section of printed House bill.

upon the adopt~on of the amendment :Mr. \Valker called for the ayes and nays, which call was as follows:

Ayes 12. Nays 20.

.Amendment w-as lost.

Those vO'ting in the a:flirmative were Messrs.-

Allen, Battle, Brinson, Castleberry,

Everett, Sheffield, Stevens, Strother,

Thomson, Walker of the 18th, Witcher, \Vooten.

Those voting the negative were ~feS$rs.-

Atkinson, Blalock, Carter, Cook, Flewellen, Flynt, Goldin,

Golightly, Hopkins, Hudson, Kemp, Kilpatrick, Mann, McFarland,

Shropshire, Starr, Stewart of the 34th, Turner. Walker of the 40th, Wilcox.

Those not voting were Messrs.-

Brooke, Comas, Culver, Dunwody,

Geiger, Gray, Ham, Redwine,

Ayes J2. Nays 20.

Stewart of the 27th, Van Buren, 'Vestmoreland. ::\Ir. President.

'VEDNESDAY, DECE:\fBER 15, 1897.

68~

. :\mend se1eti~n 8 by striking word "advise" m line 3 and insert in lieu thereof IJhe word "advertise."

Ameud soction S by striking the following paragraph:

"They may purchase one or more tracts and if they think be.st, lease other ha:cts of land i same can be had upon l'ea;;onahle terms."

) .. mend section 8 by striking the word ".sixteen" in 48th line of said .section, and insert in lien thereof the word "fifteen."

Amend section 8 by stliking all of line 8 aftell' the wortl "age'' a.nd nll of lines 49, ::SO and 51 and the word "oonvict" in 52, and in lieu -o-f uhe words stricken inserting the words "and ;nHh ag.'("{l, infirm or diseased comicts as in the judgment of the commi.ss~QIIl should not 1be 1hired OUit ;" prodded, tha.t t:he commission shall haYe power and authority in its di,ocretion to take from and hire any conYict whbm thf'y l1aYe hhed out, and to place snch convict upon t.he farm hcrein prorl'ided for, relieving such hirer o.f that part. of the hire of such oonYiet for t.he time during which such hirer is tlms depriYed of the serYices of such convict; proYiderl fnrtJher, that said commission shall likewise have power :::nd anthority in its dis0retion to take from said farm any boy, npon his reaehing the age of fifteen, or thereafter, and hiring him on:t a.s ot.her emn-ict.s are to be hil"ed, undet the prori:>i~ns of this bill.

Amend ;;ection 8 by striking "sixteen" and insertin~ "fifteen" in line :)S.

684

JOURNAL OF THE SENATE.

Amend section 8 by striking out the '\\"'rd "c(>.ll" and inserting in lieu theTof the word "eom.partment," also, camend same line by inserting the "orcl "physical" bet\\een the words "no" ~nd "communication."

Amend section 11 as follows: by striking all the language aft.er the word "employed" in line 15 of said section to t1w word ''the" in line 28 of said section, and insert in lieu thereof the word.;; and language as foollows: "At any lab01' consistent with reasonahJe puni;lnncmt, and the physical ability of tlre conYicts."

Amend section 11 hy inserting after the word "State" in the 43d line thereof, the f.ollowing: "Provkled, that eT'ery contract for the hir.ing of conYiets shall be first appro'\ed by the Governor before the same shall be of farce."

Amfmd section 11 by strih-ing all of t.he words beginning with the word "that'' in line 43 and down to and including the wmds "free lahor" in line 54.

.Amt:md section 11 by sti'ikinp: the follo,,i.ng language: "for the doai1y labor at an equal price per eapita" in the 33 and 34 lines of said &'Ction, and insert in lieu thereof t.he 'following: "quart.e.rl~- fm the annual labor of the comicts :at an agTeed pri.ce per annum per capiba."

Amend seo~t~on 11 h.' inserting after the word "bond"
~Lmd before "Vhe" in line 88: In lieu of a personal bond
the company or indi,idnal hiring t.he c-onvicts may deposit collatmals, consisting of lJnited States bonds, State bonds O'l' municipal 'bOIJ.l:ds, whi-ch are aceeptab'le to the commission; .or the oompan~ or indiYidual hiring the c-onvicts may giYe

WEDNESDAY, DECEliBER 15, 1897..

685

as surety any solvent guarantee company, sm'fty company: fidelity insurance company, or like company, which has complied with the. act of December 24, 1896, authorizing such companies to become surety upon certain bonds, and in case of default t11e bonds shall be collectable as pro-vided in sa.itl ac-t of D6'C111br 24, 1896. .Whenenw the surety upon any bond shall beoome doub-tful the commiss.ion shall have authority to require other good and solvent security, a11d in default of such security being given, the conuni,;sion may forfeit the lease and take charge of the convtict;;.

Amend sec'bion 11: lArry preson <Yr company hiring said romicts may, with the 0onsent 'Of the -commiSsion, rehire th< ;.an1c or any part t-h(llrcof, }H't)YidNl, such rehiring shall 0 ii_t nu way affect trhc eontract ibetween the Stabe and rthe criginal corrtract.or, and in -tJhe case o.f such rehiring, ehe original eon tractor shall have a lien upon the work ami p:t'oduct of said convicts second only to- taxes and the amount due the State by him, which lien may be enforced as pro ,ided by law for the enforcement of laboll"er's lien.
r pon the adoption of this amendmerrt, J\fr. Battle called
for the ayes and nays.whicill call was sustained and the vote was a~ follows:

Those voting in the affirmative w~re Messrs.-

Atkinson, Battle, Blalock, Brooke, Cook,

Golightly, Ham, Hopkins, Sheffield, Starr,

Stevens, Stewart of the :>4th, Walker of the 18th,. Witch('r, Wooten.

-686

JOURNAL OF THE SENATE.

Those voting tJhe negative were ::\Iessrs.-

Allen, Brinson, Carter, Castleberry, Everett, Flewellen, Flynt,

Goldin, Gray, Hudson, Kemp, Kilpatrick, Mann,

McFarland, Shropshire, Strother, Tumer. Walker of the 40th. "rilcox.

Those not 'roting were Jfessrs.-

Comas, Culver, Dunwody, -Geiger,

Redwine, Stewart of the 27th, Thomson,

Van Buren, 'Vestmoreland, 1\Ir. President.

Ayes 15. Nays 19.

The amendment was lost.

..:\ruend the bill by inserting the follow<ing as section 14:

He it fmther enacted, That the prison commission shall provide on said farm, or on some one of said farms to be purchased under the provisions of this act, suitable provision for the keeping and care of the insane C'onvicts now in th~ st.a.te lunta:tic asylum, and th<OSe conl\ricted for ocime, who may hereafter become insane, and those cha:rged with crime who at the time of or after the comm:iBsion thereof are found iJo be insane, and under the provisions ot law are c,rdered 1lo be confined in ilhe State lunatic asylum, and suoh insane persons shall be receiYed and kept on said farm in such reasonable manner as is conducive to their restora:tjon.

WEDNESDAY, DECE.L\IBER 15, 1897.

687

Amend the bill by properly numbering all sections after the adopting of the foregoing section 14.

Amend section 13 by striking the \Vord "sixteen" in line S of said section and insert in lieu t.hereof the word "fifteen.''

Amend section 13 by striking in the 14th and 15th lines the words "the aged, inrm and diseased convicts" and. insert in lieu thereof the follmvti.ng language: "Such aged, infirm or diseased eonYic:ts as in the judgment of thre oommiSE<ion shall not be hired out."

Amend section 15 a:; follows: by striking from said sec tion the words when the same appear: "or leased."

Amend section 15 by adding bet.ween the words "penitentiary" and "and" the words "in conformity to this act" in the 13th line of said section.

Amend section 16 by striking from the last line of section 16 the WJords "a.nd the office of physician of the penit~n ti:a.ry."

:llr. Carter called for the ayes and nays and the vote was as follows:

:Those voting in the affirmative were Messrs.-

Allen, Brooke, -carter, :Everett, -Golightly,

Gray, Hopkins, Mann, Redwine, Sheffield,

Stewart of tile 3-ltb, Turner, VanBuren, Wilcox.

688

JuUR1i!AL OF THE SENATE.

Tho;:e Yoting in the negative were :Messrs.-

Atkinson, Battle, Blalock, Brinson, Castleberry, Comas, Cook, Culver, Dunwo<ly,

Flewellen, Flynt, Geiger, Ham, Hudson, Kemp, Kilpatrick, McFarland, Shropshire,

Starr, Stewart of the 2ith, Strother, Thomson, Walker of the 18th, Walker of the 40th, Witcher. Wooten.

Those not voting were :l\1:essrs.-

Golf! in, SteYenA,

WeFtmorelaod,

Mr. President.

..:\yes 14-. Xay:; 26.

The amendment was lOi't.

Amend section 17 by adding at the end thereof the words "to be used in maintaining and perfecting the penal $ystCIJll of the State!'

The following resolution was read and adopted:

By :Mr. Battle-

A resolution ):lroYiding the p!l'eparation of a hand-book o tfie W. and A. H. R

The folowing Senate hill \\as taken up to concur m Honse amendment:

13y 1Ir. DnnwodyA bill to amend the charter of the city o Brun.swick.

'WEDNESDAY, DECEliiBER 15, 1897.

689

The amendment was concurred in.

The following House bill and resolution was read the ,second time:

By :Jir. J.IcoldrimA bill to amend,section 1844 of the Code of 1895.

13y iiir. Longley-
A re~olutjon ioo a-ppropriate $30 for !frs. Joseph Cohen, of Troup county.

By :Jfr. Calvin-

A resolnti'on to pay :JL A. Hardin $75 and C. S. Northen :$GO forr mailing the unfinished busineEs of this session of 1896.

By :Jfr. Hall-

A resoluti'On to appropriate $60 to pay the pension of ~~manda Thornton.

B,v :Jlr. BmweU-

A resolution to a:ppropri:ate $17 :forr expenses o 1fue election commjttoo for investigating the Clay county contest .case.

By 1\Ir. West-

.:\ bill to amend the act incorpo~rruting the t.own of Lake .Park, in I.1ownde.s county.
44s

690

JOURNAL OF THE SENATE'.

By ~Ir. Slaton-
.A. resolution approprrating money to pay balanoe due> on the Code.

By ::\Ir. Felder--
A bill ro amend t!he charter of the city of Atlanta-

1Ir. Golightly, Chairman of the Committee on Oorpo mons, submitted the foUowing report~

Jb-. President: The Committee on Corpomtions have had under con-
sideration the following House bill, ,v;}rich I am directed t.o report bruck with the recommendat[on thalt the same do pa;;s, to wit:
House bill No. 832, to repeal seetion 3 of an act approved February 28, 187-, prescribing the ma.nnerr of incorpornting town,:; and YiHages of this State, and for 'Other purpooes.

Respect.fuuly submitted.
J. F. GOLIGHTLY, Chairman.

:Mr. wilcox, Chruirman of the Committee on Hygiene and Sanitation, submitted the follO\Ying report:

Jf,.. President: The Oommittee on Hygiene and Sanitarium haYe had
under consideration House hill No. 758, which they instruct
me as their choairm'an, ro report back with a recommendation
t-hat the same do pass.

Respectfully submitted. JEFF \YILOOX, ChaiT1Ilan.

""\VEDKESD_-\Y, DECEMBER 15, 1897.

691

1}Ir. Cook, Ohairman of i!he Penitentiary Committee, submitted th'e following report:

Jh. Prc8idcnt:

The sub-c,ommittce appo.inted by the Pcnite>ntiary Committee to Yi.sit all tlhe convict camp.s in tlhe State, as now requiwd by law han perfo'lmcd such di1ty, a11d .submitted the following report.

n0spectfully submitted. PHILIP COOK, Chairman.

Jlr. Cha:i rnwn:

The Sub-Penitentiary Oommitt.ee appointed to visit Camp }forgan, in Clinch county, beg leave to submit the following report:

The c.ommitltee found said camp in good condition, ilhc convicts well fed, dothed and hm1sed, and the same in healthy condition.

F1~om suCih im"estigation as had, we are of the opinion that all the rules aml regulati-on.;; of law are complied with in the management of said camp.

Re10pectfully submitted.

WESLEY SHROBSHIRE, Chairman.

Jlr. Clwinnan:
""\\"'"e, your sub-comm]t,tee, appointed bo visit the convict camps at Bruinbridp:e and Donaldsonville, beg leave to submit the following report:

ti92

JOURNAL OF THE SENATE.

We find the camp at Bainbridge in good condition. Eighty-on~e pri::~oners, 12 of them white--all male. All are at work in sawmill and yards, except ten, who are cutting logs.

"\Ve find the sanitary condition good. Fine artesian water is used.

\Ye recommend th'at the proper authoriti~ of this camp be required to furnish a be.t.ter grade of syrup, also furnish more meat.

.At DonaldsonYille, there are sixty-two pri<>oners, SL"'\:teea of them white--all male.

Only one in hospital, on aCJCounrt of accidemt.

\Ye also recommend that a better grade o.f syrup be provided for this camp, also more meat be proYided.

The sanitary condition is good.

Respectfully submitted.
T. F. 1\IcF.AH.LA..:..\T"D, Sub-Chairman. H. W. HOPKINS, JNO. L. CULVER, G. :E'. WEST~MORELAND.
To Honorable Philip Cook, Chairman Senate Penitentiary Committee:
The special joint committee appointed tJo visit convict campE- at OOial City and Durham camps, in Dade and W alker co1mties, report as follows:

"WED.NESDAY, DECE:IIBER 15, 1897.

693

\V found at Coal City

convicts. Many of these

are poorly clad. Quive a number o:f them have ibut one

suit of clothes, and s~eep in the clothes they work in without

change at night.

'''"e further find that these unfortunate moo have no time not opportunity to wash their clotJhing, except on the Sabbath, and then haYe to do their own washing without sufficient quantity <>f soap.

"\Ve e<arne.stly reconunend that the principal keeper of the pelllitentiary see t:ha:t these comicts have more and better clothh1g without delay, -and that they ha:ve better facilities for washing their clotl1ing.

From the beot information we could. gather, we think the oomicts at this pl'ace are not overworked, and that their diet is sufficiPnt, with the exception it is not sufficiently C'ooked and seasoned.

The hospital we found in good condition, and well equipped "it.h medicines and surgical instruments.

The health of tJ1e cmwicts we found to be good, and the stockades, sleeping apartments and general sanitary condition of the camps we found moderately good.

\Ve recommend that ])aye Burgess, se:n-ing a life sentencr at Coal City, from "'"alker county, be pardoned.

\Ye found at Durl1am mines, in "\Yalker eount.y, a weU regulated camp in excdlent eondition. The conYicts are well clothed, fed and sheltei,ecl, theiT clothing clean and plentiful, and the sanitary condition good in all respects.

694

JOURNAL OF THE SENATE.

The hospital at this camp is well supplied with all n'eee2sary medicines and otiller appliances.
\Ve heard no cromplaint from the men confined at Durham, and an examination of the Clamp generally furnished no eYidenoe to justify eomplaint.

The men are not overworked, and are well red.

All necessary rule..:; for cleanline.ss are obs1rved and enforced.

\Ve found-- conYic.ts at this camp, all in good health, except-.

Re.<:pectfnlly subm1uted.

A. ATKIXSO:N, Chairman.

To the Hon. P.hilip Cook, Chairman Senate Committee on Penitentiary:
\\~e, the undersigned sub-committee, appointed to v~it Ogletho~e and Heardmolmt camps, beg leave to say:

\Ve found a.t Oglethorpe camp, under James 11. Smith, 125 comvicts--110 colored and 15 whit---'one sick in the hospital.

\Y.e found the e.amp clean, and the comrict.;; well cared for.
At Heardm'onnt camp, under \'{. H. ~Iaddox, we found 55 convicts, all females; 54 colored and one whit.e.

\Ve found this camp in exceptionally fine condition,

WEDNESDAY, DECE~IBER 15, 1897.

695

~verything was clean, and .t:Jhe con.-vrcts well ca1-ed for, and rwe commend the manner in which 'this camp is managed.

Respect.fully su.bmitted.

JOHN A. \VOOTEN, Chairman pro tern.
J. F. OA.STLEBERRY.

J.lh. Clwirman :

Your committee, to whom wa.s submitted the examination of the convict oomps at \Yorth and Bayboro, report that they found the same in good condition. For statistical report, we refer yoi.1 to report Principal Keeper of penitentiliry.

Respectfully submitted.

December 9, 1897.

C. :JL \YITCHER, Chairman. W~L T. FLINT.

Chairman of House Committee informs me he will submit the same re'Port.

C. :JL WITCHER, Chairmaill.

Atlanta, Ga., Nov. 30, 1897.
"To Hon. Philip Oook, Chairman Penitentiary OommitJtee:
Sir: We, your snh-commit.tee, appoinred to visit the -con.-ict eamps l~0ated at Alexander-v-ille, in Echols cmrnty, and :J:L 0. :Maxwell's camp, located in Charlton oonnty, submit the foUo.wing:

696

JOURNAL OF THE SENATE;

On the 25~h in:st., your c.ommittee visited and macLe ll' thol'ough inspection of the camp at the first named place, in charge of Capt. l\fitchell. There are fifty-seven convicts at this pla:c.e, all col()roo, males. We think the camp in excellent oonditjon. Th:e c'Ollvicts seem to be well fed and clothed, the sleeping apartments were reasonahl.' clean. The (ooking seemed to be good, the food both in quality and quantity seemed to he sufficient. 'l'he sanitary condition.;are very good; everything is neat and clean, with separate apartments for the sick. There was but one sick at the time your committee visited the camp, and he was con:va lescent.

On t.he 26th of N O'Vember you;r committee Yi;:.ited and inspected the c.amps in Charlton counrt:y, in charge of Capt. ~L 0. 2\Iaxwell. Th.ere were at that time 81 rnmi<Cts at this plac.e--all c.olored males except four white males. The hooks show that the convicts are \\ell fed and clotlwrl. The sanitary conditions, in our opinion, are of the best. Every thing was in good condition. The hands all at "ark exeept three (3). One of tthese being suffering from a guruihot wound received be.fore his c'Onvict-ion, :firom which he was convalescent. One from an accident.al cut of the foot, the othm from a lame leg.

Respectfully submitted.
:\I. L. EVERETT; Chairman. J. Y. \\TALKER, .T. P: BROOKE,

:Mr. Kilpatrick, Chairman Otf Committee ()ll Railroads;.. submitted the following report:

WEDXESDAY, D.F.CE:IIBER 15, 1897.

69T

Jlr. President:

Your Committee on Railroads have had under considera tion the following House bill which they instruct me to repo!ft back with the recommendation that the same dn pass, to wit:

.A bill providing for the sale of the ~ortheastern railroad.

Respectfully submitted.

J. D. KILPATRICK, Chairman.

~Il'. Blalock, Chairman of tJhe Finance Oommitte<e, submitted the following report:

JJ1. President:

The Committee on Finanee haw. had under consideration Houi'e rPsolntion N-o. 173, appropriating the sum of $341.68 to D. Lee 'Vardroper, and the SlUll of $270.54 to-
Thomas P. Stanley for services rendered the State in making official surveys of the \Yestern and Atlantic Rail-
road and preparing official ma.ps or plruts thereof, whlch they direct me to report hack to the Senate with the recommendation tillat the same do pass. Also, House joint resolution Ko. 225, authorizing the Governor to iborrow any money necessary to supply any casual deciencies lbemorre the Ite:s:t session of the General Assembly, which the committee direct me to reporrt back to the Senate with the recommendation that the same cro pass.

Rf:spe:ctfully submitted.

A. C. BLALOCK, Chairman.

698

JOUR~AL OF THE SENATE.

Jb. Pn;r,ident:

The Committee on Agr~culture haYe had under considera:tion tll1e following House bills, to wit:

Bill ~o. 806, by I\lr. Blalock, of Fayette, they instruct. me to report back with the recommendation tohat same do pass, as amended.

Alw, bill No. 608, by :Jir. Blalock, of Fayetile, they instruct me to report back wit.h rec(/mmendat.ion that same . do noot pass.

Respeotfully submitted.

T. G. HUDSOX, Chairman.

:Mr. Flewellen, Ohairman of the Committee on Pensions, submitted the follo\Ying report:

The Oommittee on Pensions haYe had under consideration the fo1lo\\-ing Honse bill, \Yhic.h they instrnd me to Teport back with r'eCiommenclation tha.t the same do llQit pas:o, to wit:
No. 7D2, a bill to he entitled an act to amend an act approved Decerrnber 24, 1RD6, entitled an act to co1led and Jeyy ta..x for support o the State Gmrernment, public institutions, etc., so as to exempt the blind, Confederate soldiers, and all other persons haYing lost a limb or limbs, or deformed by nature so as to render them unfit for manual labor, fl'Om paying t~1e tax required of dagnerrean, ambrotype, phonograpl1i-c or similar artist, and for ot-her pnqJoses.
E. A. FLE\YELLEN, Chairman.

vVEnNEsnAY, DEcE)fBER 10, 1897.

69l:!

By :\Ir. Calvin-

A bill to amend paragraph one of section three, relative to gua.rantee c'Orllpa.nies.

By ~Ir. Felder-

cA. bill DO repeal paragrar:~hs three and four of section 2801 of the Code.

A bill to further define the incompetency of certain per sons as witnesses. By :\Ir. Ha\Yes-
A bill bo amend an act approved December 12, 1882, and for o1Jher purposes. By Mr. Freeman-
A bill to am/ll'<l section 580 of the Code of 1895. By Mr. Slaton-
A bill to protect electric companies in this State.
By Mr. Oharvers--
'A bill to authorize the Governor to sell the N Ol'theastern railroad. By Mr. P.hinizy-
A bill to repeal section 3 of an a<Ct of the General Assembly o:f 1874.

700

JOUR~AL OF TilE ~ENATE.

By Mr. Longley-

A bill to autho11ize and empower county and city council& to enact 11egulations or ordinances to provide the enforcing uf va:cciruation.

By Mr. Blalock-

A bill to provide for three grade;:; of fertilizers in this State.

'l~he follmving Senate bill was taken up for the purpose of concurring in House amendments:

By Ur. Gray-

A bill l'equiring the Commissioner of Agriculture to establish a special depaTI;ment of horticulture 'and pomology.

House amendments were concurred in.

By JI.Ir. Knowles-

A resolution memorializing Congress in reference to yellow fever in the South.

The ollo,ving House bills were read the third time, to be put upon their passage:

By ::\Jr. Ellis-

A bill 1lo amend the act establishing a sy:ot,em of public schools in the city of Lumpkin.
r pan the pa.-:.;::age of the bill the ayes were 24, nays 0.

The bill having received the l'equisite coll5titutional majority was pa.s.sed.

WEDNESDAY, l)ECE:\IBER 15, 1897.

701

By llr. Reid-

A hill to exempt from jury duty certain members of the ::Ua-con Light Infantry.

Upon the passage of the bill the ayes wm-e 23, nays 0.

The bill haYing received the requisite constitutional majority was passed.

By )Jr. Pace--

A bill to amend an act providing a system of public sclwols for the t'Own of N ewbon.

lTpon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority was passed.

By )Jr. Fogarty-

A bill to authorize 'the city council of Augusta to extend 9umming street across the Georgia Railroad and Banking Company.

"Gpon he passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

By J.Ir. l\IcOranre-

A bill to make it a pe11al offense to set fire to grass or woods on aJJ1other's land.

Upon tlhe passage of the !bill the ayes were 24, nays 0.

702

JOURNAL OF THE SENATE.

ThE: bill ha,1ng u~eeived the requisite eonstitutional majority was passed.

The fullowing House bills were read the second time: By Special Finance Committee.

A resolubion to appropriate $341.68 to D. Lee "\Yardroper and the sum of $270.54 to Thomas P. Stanley for service
rendered the State in making official survey for ,Y. 'and
A. R. R.

By )lr. Tnrnel'--

..A re>olntion to authorize the Governor to borrow money if neressary before the meeting a the General Assembly i1: 1898.

The following House bills were read vhe third time, to be put upon thcir passage:

By ~lr. NHes-

A bill t<J change the name of tl1e Georgia lunatlC asylum.

C1)0n the pa&'lage of rlre bill the ayes were 2;), nay,; 0.

The bill having received tl1e requisite constitutional majority wa~ passed.

By :Mr. l\f<'Lanp:hlin-

A bill to make it unlawful for any pffi-::~on to fire a pistol or obher fire'arms on excursion trains.

L'po.n :tihe passage of t!he ibill the ayes were 25, nays 0.

WEDNESDAY, DECE~IHER 15, 1897.

703.

The bill having l"e-Civd tl1e requisite constitutional majority was passed as amended.

Amend by !adding a-f.ter the word "train" in the third Hn~ of the caption of the act t>he word "or."

2. Amend by a:dding ater the word "train" in t.he fifth line of section one tJhe wo'l'd "or."

3. Amend by striking after the word "picnic" in the third line of the capti.on of the act, the foHowin.g words, to wit: "or other public gatherings."

4. Amend by striking after the \V'O'l'd "p:i.cnic" in the fifth line of section one, the following words, to wit: "or other public gatherings."

By 1lr. Durham-

A bill confirming the incorporating of the Gainesvillt Air Line Railroad Company.

'Gpon the passage of the bill the ayes were 24, nays 0.

The bill having l"eoeived the requisite aonstitutioual m.ajorit.y was passed.

The following Hou.se bills were taken f1om the table with adverse report from committee:

By :Jir. Henderson-

A bm to amend an act approved Dece:mbe!l' 22, 1896, to p1otec.t game in this State.

The report of the committee was agreed to and bill was
lo~t.

'.704

JouRNAL oF THE. SENATE.

By ::\Ir. DuncanA bill to repeal an act, appro~red December 15, relative
.to a person holding two offices at the san1e time in Savannah.
Htport of the oommittee was agreed to and bill was lost. By Mr. Duncan-
A bill to amend an act to create a Board of PoliC'e Commissioners for the city of Savannah.
Report of committee was agreed to and bill was lost. By )fr. ~feldrim-

A bill to provide the manner of electing sheriff and clerk .of the city court of Sa'Vannah.
The report O'f the committee was agreed to and bill lost.
The ()Hawing message was receiYeJ from the House through )fr. Hardin, the Clerk bhereof:

111r. P1esident:

The House has concurred in the Senate amendments to the following House bills:

A bill to amend an ac;t to c.reate a Board o.f Commission erE for l\fonroe coonty.
Also, a biU gTanting to Columbus Power Company ail right and title of the State in and to the bed of the Chat:tahoochee riv.er b.etw.een Clertain points in l.fuscogee county.

WEDNESDAY, DECEMBER 15, 1897.

705

Also, a bill Feqniring the }femorial Board -to investigate :the Condition of Confederate cemeteries.
Also, a bill to ehanp:e the time of holding superior courts .of Oharlton 'and Clinch eounties.
Also, a bill to incorporate the town of Abbeville, in Wilcox county.
Also, a bil to amend an a-ct to establish a county oo:uxt of Dougiherty and Lee counties.
The House has also passed by the requisite constitutional majority the following Senate bill, as amended:
A bill to reqniore the Oommisioner of Agriculture to establish a specia.l department of hort.iculture.

1'~he following House bill was take.n from the table with .aclYerse report from committee.
By 11r. Bo~d-

A bill to amend secbion 221 of volume 3 of the Code o -1895.

Report of the oommittee was di&agreed to.

Upon the passage of the bill J\fr. Atkinson called for the ;ayes and nays. The call was as foUows:

Those V'dtin.g in the affirmative wexe Messrs.-

Allen, .Atkinson, :Battle, Blalock, Brooke, Carter, Castleberry, Comas, Culver, .Everett, ..Flewellen,
45s

Flynt, Geiger, Ham, Hudson, Kemp, Kilpatrick, Mann, McFarland. Redwine, Sheffield,

Starr, Stevens, Stewart of the 34th, Strother, Turner, Van Buren, Walker of the 18th Wilcox, Witcher, Wooten

706

JOURNAL OY THE SENATE:

ThoQSe wting in the negative were Messrs.-

Dunwody, Golightly,

Shropshire,

Thomson,

Those not voting were Messrs.-

Brinson, Cook, Goldin,

Gray,

Walker of the 40th,.

Hopkins,

Westmoreland.

Stewart of the 27th,_ Mr. President.

Ayes 31. Nays 4.

The bill having received the requisite constitutional ma~ jority was passed.

:;'l.[r. Dunwod~, Chairman of Committee on :Military Affairs, snbmitted the following report:

M 1. President:

The Commit.te.('o on )filit.ary _.:\flairs haYe had under con-sideration Hou,--e bill Ko. 596:

A bill to be entitled an act to regulate the State Memo rlal Board, and for other purposes, and direct me as the chairman of s.aid commiUee to report the same back, with the recommendat~on that the same do not pass.

Respectfully submitted.

IIEXRY F. DUXWODY, Chairman.
r pon mouion of J.Ir. Golightly, when the Senate adjourns'
it is to rcc.onYene at 4 o'clock this evening.
The following House bill wa-,; read the tbird time:

WEDNESDAY, DECEl\IBER 15, 1897.

707

By )Jr. Boynton-

A bill to appro1priate $4,917.43 to pay the expenses o.f the invStigating committee t.o investigate Judges Sweat and Reese.

This being an appropriation the ayes and nays were called.

The vote was as follows:

Those wting in the aflirma:tive were Messrs.-

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

Flynt, Geiger, Golightly,
Gr>ly,
Goldin, Ham, Hudson, Kemp, )!ann,
)lcFarland, Redwine, Shropshire,

Starr, Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th, Wilcox, Witcher, Wooten.

Those voting in the negative were Messrs.-

Kilpatrick,

Walker of the 40th,

Those not voting were Messrs.-

Brinson, Ca1ter,

Hopkins, Sheffield,

Westmoreland, Mr. President.

Ayes 36. Nays 2.

The bill having rece,ived the requisite constitutional majority was passed as amended.

708

,JOURNAL OF THE tlENATE.

That there shall be paid to Senator W. Y. Garter, tn1e sum of $104.76, balance due to him per itemized staterrnem here attached, for per diem, mileage and other expenses inot~urred by him during the inV"estigating committee's session in January, 1897.

Amend 'the caption by adding, "also, :the sum of $104.76,
to pay actual exepnses oand per diem of W. Y. Carter in-
cmred by him during said session."
B~ :llr. Little-

A resdluti:on, providing for the paymen,t of the a.s.sistant doorkeepen- in tl1e HDuse for present session.

This being an appropil:iation the ayes and ll'ays were called for and the vo1te was as follows:

Those V'<Yfing in the affirmative were Messrs.-

Allen, Atkinson, Battle, Blalock, Brooke, Castleberry, {lomas, <Jook, Culver, Dunwody, Everett, Flewellen,

Geiger, Goldin, Golightly, Gray, Ham, Hudson, Kemp, McFarland, Redwine, Sheffield, Shropshire, Starr,

Ste,ens, Stewart of the 27th, Strother, Thomson, 'l'urner, Van Buren, Walker of the 18th, Walker of the 40th, Wilcox, Witcher, 'Yooten.

'l'hose voting in the negative were Messrs.-

Kilpatrick,

1\'lann,

WEDXESDAY, DECE~IBER 1-5, 1897.

709

Those not voting were .Messrs.-

Brinson, Carter, Flynt,

Hopkins,

'Vestmoreland,

Stewart of the R4th, Mr. President.

Ayes 35. Nays 2.

The bill having received the requisite constitutional majority was passed as amended.

.Add afte<J. the \Yord "doorkeeper" m the 15th line the fol1owing words, to \vit: "of the House and one doorkeeper for the messenger's room Olf the Senate."

B; ~h. \'{right-

A 1esolution app1opriating $500, or so mucJh thereof as may he necessary, to purchase the portrait of the Hon. Chas. }'. Crisp.

This Yote 'being an a'ppropriation, 1fue ayes 'and nays were called for and the YOte was as ioHQ!Ws:

Those V'Oting in the affirmative were :Mess:n;.-

Allen, Atkinson, Battle, Blalock, Comas, Cook, Culver, Dunwody, Everett, Flewellen, GeigE>r, Goldin, Golightly,

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

Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Bur<'n, Walker of the 18th, Walker of the ~Oth, wilcox, 'VitchE>r, "roo ten, ::\Ir. President.

710

.JOURNAL OF THE SENATE.

Those voting in the negative were l'lfessrs.-

Carter, Castleberry,

Flynt,

Kemp.

'J':hose not voting were J'lfessrs.-

Brinson,

Brooke,

'Vestmoreland.

Ayes 37. Nays 4.

T:he resolunion having received the requi.site consnitutional majority was passed.

}Ir. Battle, Chairman of the General Judiciary Committ'1e, submitted the following report:

},1r. President:

The Gene1a.l Judiciary Committee have had under consideration tJw following House bill, whicih they instruct me to report back with the recommendation that the same do not pass, to wit:

A bill to be entitled an act providing for liens in favor of contractors, etc.

The committee have also had under co.nsideration the :follo.wing Hous' biH, which they instruot me to report back with the reoommenda.tion th'at the same do lllot pass as amended, to vit:

A bill to be entitled an act requiring all promissory notes or contracts taken foc patent rights to express on the faoo thereof the thing purchased, and for other purposes.

""WEDNESDAY, DECIDTBER 15, 1897.

711

The committee ha>e also had under consideration the -'following bin, which I am instructed to report back with the recommendation that the same do pa.ss as amended, to wit.:

A bill to be entitled an act to prohibit the wilful and malicious destroying, injuring or attempting to injure or destroy, any dweUing house, etc, with or by the use of dyna:mite, etc.

P.a:;pectfully submitted.

0. E. BATTLE, Chairman.

J\Ir. Brinson, dhairman o'f the Enrolling Committee, suhmitted the .following report:
.M1._ President:

The Em,ollinJg Oomn:lli.ttee have ex3.llllii.ned and found -duly enrolled and ready for the sign:a.tur.es of the President
.of the Senate and Speaker of the House, the following bill, -to 'Vit:

A bill to permit defendants lJCma fide in possession of land under clalim of title to set off the value of permanent im J>rovements.

Respectfully -EnibniitbecL

E. L. BRINSON, Oilltirman.
The hour of adjournment h!aving arrived the Sen:at.e :.'lqjourned until 4 10'clock this :afternoon.

712

JoURNAL OF THE SENATE.

4 O'clook P. l\f.
at The Senate met pursuant to a{ljonrnment., 4 o'clock
and was called to order hy the President.

1Ipon motion o:f Mr. Blalock the roll~all was diSipenseu with.

1\fr. Shropshire, Chairman of Spec.ia.l Judiciary Committee, submitted the following report:
Jfr. President:
The Special Juclicitary Committe have had under consideration 1he foLlowing House bill, which the~- instruct me to report back to the S-en:atc with the recommendation that the same do pass, to wit:
A bill to amend sect.iw 580 ofvalume one of the Code of 1895.

Respectfully submitted..

WESLEY SHROPSBJRE; Chairman.

By unanimous conse-nt, t.11e foHowinp: Honse resolution was read tlw third time., t.o be put upon its passage:
By 1fr. Felder-

A resolution appropriating money to pay t.he per diem and miJ.eage to Hon. J. II. Polhill and Hon. James Staple ton, for the full term of two ye:ars;

This being an appropriruti'on t1ie roll~call was ordered: and the vote \V'as as follows:

WED~ESDAY, DECEMBER 15, 1897.

713-

Thoi!e V'Oting in the affirmative were Messrs.-

Atkinson, Battle, Blalock, Carter, Castleberry, Cook, Dunwody, Flewellen, Flynt, Geiger, Goldin,

Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, 1\lann, :\IcFarland, Sheffield, Starr, Stevens,

Stewart of the 27th, Stewart of the 34th, Strother, Turner, Van Buren, Walker of the 18th, Walker of the 40th,. 'Vestmoreland, Witcher. Wooten.

Those not voting were Messrs.-

Allen, Brinson, Brooke, Comas,

Culver, Everett, Kemp, Redwine,

Shropshire, Thomson, Wilcox. Mr. President.

Ayes 32. Xays 0.

The resolution haYing received the requisite eonstitutional majority was passed.

:\[r. Blalock, Chairman of the Committee on Finance,. subnillutecl the follo\\'ling r1poit:
Jlr. Prcsidr-nt:

The Finance Committee h'ave had under consideration the following HonS>e bill, whil~h they insh"llC:t me to report back to t.he Sena.t.e with rE'!Commen<lation that the .same do pass:

A hill bo appropriate $5,'781.06 to pay mileage and ex

"714

JOURNAL OF THE SENATE.

penses of the members at the extra session o the legislature.

Respectfully s11bmitted.

A. C. BLALOCK, Chairman.

House bill No. 615 was recommitted to General Judiciary Gommittee.

The following House bill was put upon its passage:

By )fr. P-ace--

IA hill to amend section 583, volume 1 of the Code of Georgia.

Upon the passage o t.b.e hill the ayes were 25, nays 0.

The bill havi.J;lg 11eceived the requisite constitutional rna.jority was passed.

By :llr. Knowles-

A bill to authorize county commissioners !Jo prov-ide court. rooms for justioo of the peace in cities with population no~ lao,s than G,OOO inhabitants.

Upon t.he passage o the bill the ayes WJere 27, nays 0.

The bill having received the requisite constitutional majority was passed.

By ~lr. Kendrick-

A bill to change the fall term of holding Terrell superio:r .eourt in Tenell county.

Upon the passage of the bill the ayes were' 26, nays 0.

WEDNESDAY, DECE)fBER 15, 1897.

715

The hill having reooived the requ:i.site c.onstitution!al majority was passed.

By unanimous oonsent, the following House bill was read the second Dime and roeommitted to Committee on Finance:

By :llr. Cra:ig-

A bill to allow blind Confederate soldiers to peddle w::tlwut license in this Sta1te.

The fo1lowing H011.'le bill was read the third time and put upon its pas;;age:

By :llr. Rutherford-

A bill to amend section 4685 :of the Code of 1895.

Upon the passage of the bill the ayes were 23, nays 0.

The bill haYing reooiYed the requisite consbif:ution:al majority was passed.

Upon motion of )fr. Starr House bill No. 690 was re<!ommittecl to General J ucliciary Committee.

The follow.ing House bill "\V:as read the third time, to be put upon its passage:

By ~fr. Starr-

.A hill governing t.he sale of commercial fertilizers in thi~ St.ate.

By !.fr. Little--

A resolubion appropriating $2,000, or so much thereof as may ibe necessary, to pay deficit .for rthe State exhibit at Ten-
nessee Centennial.

716

JOUR~AL OF THE SENATE.

The resolution iiiYolving an appropriation, the ayes and nays were called and the vote was as :f'ollo:ws:

Those voting in the affirmative were :Messrs.-

Atkinson,
.Blalock,
Brinson,
Castle berry,
Cook, Culver, Dunwody, Everett, Flewellen,

Gei~~:er.
Golightly,
Gray, Ham,
Hodson, M>tnn, McFarland, Starr,

Stewart of the 27th,
Stewart of the 34th,
Van Buren,
Walker of the 40th,
"T estmoreland,
Wilcox, Witcher, Wooten.

Those voting in the negative were :Messrs.-

Carter,

Golclin,

Those not voting were :Messrs.-

Allen, Battle, Brooke, Comas, Flynt,
Hopkins,

Kemp, Kilpatrick, ReJwinP,
~heffield,
Shropshire,

Turner,
Stevens, Strother, Thomson. Walker of the 18th, Mr. President.

~~yes 25. Nays 3.

The r~olntrion having receiYcd the l"equisitc constitutional majority was passed.

The following House hill wru; l'ead t).l'e second time:

By 1Ir. Bartlett-

A bill to prohibit the destroying of property in this Sta:oo with dynamite Oit' other explosive substances.

By unanimous consent, House bill No. 596 was recom.mitted to Committee on l\filitary.

"WEDNESDAY, DECE:~IBER 15, 1897.

717

By )lr. Little-

A bill to appropriate $5,781.06 to pay expenses of the -General .Assembly at its ext.ra session in February, 1897.
This being_ an appropriation t~1e ayes and nays were -called and the vote "as as follows:
Tihose vp,ting in the a:ffirmatiV'e were Messrs.-

Atkinson, Blalock, Brinson, .Castle b e r r y , Cook, .Culver, Dunwody, Flewellen, Geiger, Goldin,

Golightly,
Gra~.
Ham, Hudson, Mann, RE>dwine, Sheffield, Shropshire, St.arr, Stewart of the 27th,

Stewart of the 34th, Strother, Turner, Yan Buren, Walker of the 18th, Walker of the 40th, \V e s t m o r e l a n d , Witcher, Wooten.

.11hose voting in the negative were Messrs.-

.Carter,

Kilpatrick .

Those not voting were Messrs.-

.Allen, Battle, Brooke, Comas, Everett,

Flynt, Hopkins, Kemp, McFarland,

l:lteyens, Thomson, wilcox, Mr. President.

Ayes 29. Nays 2.

The bill having reoeiYed the requisite constitution!al majority was passed.

718

JoURNAL OF THE SENATE.

::\Ir. Go:lightly, Chairman of the Committee on Corporoatiom, submitted the following report:
Jll. President:

The Committee on Corporations have had under consideration the following House bill, which I am d[rected to repQil-t back with the l"ecommendation ilhat the same do pass, to w1t:

'House bill X o. 829, to incorpom.be the village of Sunnys1.1c.e.
Also, the following House bill, whi<"h I am directed .to report back ""ith the recommendation tha~t the same do not pass, to wit:
House bill K o. 738, to amend an act to create a Board of County Commissioners for Greene county.

Respectfully submitted. J. F. GOLIGHTLY, Chairman.

By Mr. AwtreyA. bill to amend an act to create a Strute :Memorial Board.

Upon the pas.sage of t'he bill the ayes we.ve 26, nays 0.

The bill having rec-eived the requisite consmtutiorual majority was passed.
By ~Ir. Awtrey of Cobb--
A bill to amend section 5 of an act approved N ovembe1 12, 1889, in reference to State Geologist.

WEDNESDAY, DECE:\fBER 15, 1897.

719

L pon the passage of 1lhe hill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was pased.

By )fr. Boynton-

A bill to inoorporate the town o Sunnyside, m the
county of Spalding.

Upon the passage of the bill the ays were 24, nays 0.

The bill having received the requisite constitutional ma jority wa.;; passed.

L pon moltlion of :Mr. Carter, the following House hili was read the ;:ex~)!Hl time and recommitted to the Railroad Committee:

E~ ~ir. - - -

A bill to allow the State, as awners of certain railroads, to be sued in certain cases.

upon motion of :llr. Turner the Senate Sltood adjourned until 8 o'clock to-night.

8 O'clock P.M.
The Senate met pursuant 1Jo adjournment and was called to order by the assistant secretary.
Lpon motion of )fr. Geiger, Senator liopkins was ele:cted President protem.

'720

JOURNAL OF THE SENATE.

Upon moti-on of Mr. Kilpatrick nhe roll-call wa.s dispensed with.
The follo,,ing House reaolution was read the third time:
lly :Jlr. TimmermanA resolution to return to J. L. Horn, sheriff o:f \Yebster
COunty, $60 fur money paid out by him in def-ending himself for collecting ta..'\:es for the State.
Upon motion 00: :::Ur. Ev-erett the resolution w.as tabled.
The ioHowing House bills were read the third time, to be put upon their passage:
Ey Mr. Berry-

To require all life insurnnce oompanies doiing an assessment insurance huffiness to have certain words printed on Vheir policies.

1.Jpon mobion of lli. Bantle the bill was tabled.

Tiv Mr. Nevin-

lA bill to apropri'ate $100 to build a house for the boiler :at tJhe Sch'Oiol :for tlhe Deaf and Dum'b at Cav-e Spring.

This being an appT'oprliation the ayes and nays were '('.alled and the vote was as follows:
Those V'dting in iili.e affirmative were MSSrs.-

Atkinson, flat tie, Brooke, -castleberry, Cook, -culver, Dunwl)dy, Everett, iFlewellen, oGei.ger,

Goldin, Golightly, Ham, Hudson, Kt:>mp, Kilpatrick, Mann, Redwine, Shropshire,

F:tarr, Stevens, Stewart of the 34th, Strother, Van Buren, Walker of the 18th Walker of the 40th, Witcher, Wooten.

'VEDNESDAY, DEcE~IBER 15, 1897.

721

Those not voting were :M:essrs.-

Allen, 'Blalock,
Brin~on,
Carter, Comas, Flynt,

Gray, Hopkins, 1\Ic.Farland, Sheffield, Stewart of the 27th,

Thomson, Turner, IY estmoreland, Wilcox, 1\Ir. President.

Ayes :ZS. Xays 0.

The bill 1having receind the requisite constitutional majority ,,ns passed.

.:\tr. \Y estmorelaml, Chairman of Committee on Engrossing, :"nlnnittecl the follO\Ying report:

Jlr. Prc:.;idf'llf:

The Conuninec on Engrossing have examined and fountl .ch:ly engros.;;ed and ready t-o be transmitted t-o the Hou;;~o~ .the follo\\ing Senate bill, to wit:

..ci. bill to authorize lwt.e.l keepers to sell .spirituous liqno:.-s :to guest;; under oertain circumstances.

The committee has also examined the following SenatG re:;olut.ion and :found same duly engrossed and ready t-o be transmitted to the Honse, to wit:

A resolution proYiding that handbooks be p[epared for .the \Ye.;:t.ern and Atlantic H.ailraad.
Hcspec.tfully submitted.

G. F. WEST:\fOHELAXD, Chairman.
46s.

722

JouRNAL OF TIIE SENATH.

r pon motion of }fr. Battle the Senate took a recess foc
t.,renty minutes.

.At 8:40 o'clock the Senate w'as called to order hv th'2 Pre:-ident pro tem.

l~pon motion of }fr. A t.kinson t.he Senate took a rece:;s for ten minutes longer.

At 8:55 o'clock the Senate was ag-ain called t.o order by thE President prro t.em.

:ilir. Redwine, Chairman of the Connnittee on }Iatmfactories, submitted the following repo-rt:

J/1. President:

The Committee: on }Iannfactories haYe had mHlcr considemtion the ollmving bill, which I am instructed to rcpcr.t back with the request tha.t the same be l'ead the s<:cl()ncl time and rc-referred to the committee, to wit:

A bill to be entitled an act to regulate the sale of peisonmade goods within this State.

Respectfully submitted.

J. E. RED\\TXE, Chairman.

}Ir. B-lalock, ChairmaJJ of Committ-ee on Finance, SJubmitted t.he following report:

Jlr. Prcsid'11 t:

T'he :Finance Commit.tee have had umler C'onsi,lcration the following House biill, which they in:struc.t me to rcpor

WEDNESDAY, DECE)IBER 15, 1897.

723

haek to the Senate with the reeommendati.on that same do p~:~ss, to wit:

A bill to exemprf: certain Confederat-e soldiers from certain taxes.

Respectfully submitted.

A. C. BLALOCK, Chairman.

By nnanimons consent, the followil1'g House hill was rel!ltT the st>cond time and recommitted to the Committee on J.fanufactoriee.

By )fr. .Awtre,y-

~\ bill to regulat-e the sale of eonviC't~made goods in thi,;: State.

By nnanimons (';()nsent, the following bill wa5 taken from the t.able to be put upon its pas....~ge:
n_,. J.fr. Berry-

A bill to require a11 coqxna:bions doing an insnmiwc htrsinc.-.; on the aSS<'SSmcnt plan to haYe cert.ail.n word;; }ll'intf'd on the policies.

rpon the passage of the bill the a;ye.s were 23, nays 3.

The hill, Jra,ing receiYed the requisite c'oustitutional majority, was pussc<l.
By ~\I r. 'l'inuumman-

A rc:;olntion to rcimhmsc .T. L. Hmn for the anl'pnnt of l:lllO from the treasury of W <:>.h~te:r conn ty, thc amount paiLl
out hy him !in defending himself in collecbing some taxes.

724

JOURNAL OF TilE SENATE.

This being an appropriation the ayes and nays w-ere called and the vote was as follows:

Those voting the affirmative were :Mes.srs.-

Atkinson, Battle, Blalock, Brooke, Castleberry, Cook, Culver, Dunwody, Everett, .Flewellen,

Geiger, Golightly, Ham, Hopkins, Hudsoo, Kilpatrick, Mann, Redwine, Starr,

Stevens, Stewart of the 34th, Strother, Van Buren. Walker of the 18th, Walker of the 40th, westmoreland, Witcher. 'Vooten.

Those no-t voting were Messrs.-

Allen, Brinson, Carter, Comas, Flynt, Goldin,
Aye.s 28.

Gray, Kemp, McFarland, Sheffield, Shropshire,
Nays 0.

Stewart of the 27th, Thomson, Turner,
Wilcox. Mr. President.

'J.1he resolution having received the requisite constitutional majority was passed.

::\fr. Stovens, Chaarman of Committee on Appropriations, submitted the following report:

The Committee on ApprOJ.mi.'ations have had under consideration the foUowling House resolutions, which ~1e~ instruct me to report back to the Senarte wit.h the recommendation that the same do pass, to wit:

'VEDXESDAY, DECE:\I~ER 15,1897.

725

A resolution approp1>iating $17 to pay expenses of conte:t in Clay county.

A r-esolution appl'OPl'iating $GO to Amanda Thornton, as penswn.

The committee l'ee.ommends th.a.t. the following resolnti'On pass as amended:

A resolntio.n dlireotling tha.t a certain sum be paid Clerk of House and Aseistan't Secr("t.ary of Senate for special work.

Uespectfully submitted.

0. B. STEYE~S, Chairman.

)fr. Hte\"ens, Chairman of lihe Special Joint Oommittee appointed to inYcstigate the rig'ht of the late treas-
urer, Hon.. R. U. Hardeman, to certain fe&:> reeehed from Building and I;oo.n Associations, submitted the following
repo,rt:

Jlr. PrG8i(lent:

The Special Joint Commlittee appointed to inYestigate tJ1e right of the late treasurer, lion. R. U. Hardeman, t certain fees re'C,eli.ved from Building and Loan Associat.ion;;, und11' ac.t of legislature, approved October 19, 1891, have directed me to report as follows:

That 'after duly considering t.he law, it is the sense of t.he c~mmittee, t!lmt the fees received 'by said treasurer

726

JOURNAL OF THE SENATE.

properly belonged to him, .and were not intended to be covered into the treasury as a part of the State fund.

l:te&pectfully sn bmitted.

0. B. STEVENS, Ohairman Senate Com. C. G. GllAY, C. E. BATTLE.

Adapted December 16, 18fJ7.

By )lr. N cviu-

A resolntion instructing our repw~entatiYes in Congretn to am~nd the Const.it.uiion so that our U. S. Senatora ma,v be elected hy the people.

Head and adopted.

The :following Honse b:ll was read the third time, to be put upon its pass-age:
])y Mr.---

A bill regulating no;t:ary's public protest f-ees m this State.

Upon tthe passage of the bill the ayes we-re 22, nays 2.

The bill no-t having reoeiYed the requisite constitutional majority was lost.

rpon mo-tion of 1fr. Cook the Senate acljou:rned until 9 o'clock to-morrow morning.

"THURSDAY, DECEl\IBER 16, 1897.

727

iSen:aue Ohrumlber, Atlanta, Georgia, Thursday, December 16,tJh, 9 0'0lock A. M.

"The Sena;t.e melt opur::~u.a:nt to adjoUirnment, and mts called :to order by the Pr.esiden't.

Prayer was offered by Dr. :Marks.

Upon motion o'f :Jir. CulV1er, \IJhe roH-.c.all 'Wlas dispensed 'With.

The Journal of yeste*Lay was :rood and ~pprroved.

By umuiim'O'llS consent, H"o'llse bill No. 535 was wirtfu..drawn hy :Jir. Ste\\1al,t, 34th district.

Under the reguiar mder tthe follorwing House hills were ta,ken up and put. upon tfi1:e:ir passage:

:By :Jir. Phinizy-

A :bill t.o repeal sec:tion 3 Q{ an aiCt O'f the General Asse~:rnbly approved :f.eJbmaq 28th, 1874.

.Fpon the passage of the lbill 't:!he 'a.}"e8 were 25, nays 0.

The 'bill, having rooeived the requisite co:nstit1Iltionail majority, "as passed.

"By :llr. Slaton-

A bill to p1otect electriiC companies in itihis State, and for other purposes.

"C"pon the passage of it!he lbill:fue ayes were 23, nays 0.

The bill, having reoeived the requisite con$titutional majority, \\"aS passed.

728

JouR~AL oF THE SENATE.

The fol1owing message was received from t-he Houseth-rough 1fr. Hardin, the merk t-hereof:

Mr. P1esident:

The Honse has passed the :llollowing Sen-ate hills by therequi-site con.stituti'Orral n],ajority, to wit:

A bill to extend the corpora-te limits of Fort Yalley.

Also, a hill to amend sect-ion 1354 of volume 1 of the Code of 1895, pertaining to local scho1ols.

Also, .a bill to ifllcrease fhe rank of adjnuant-g<'neral.

Also, a bill to prevent t.ramp;; riding on I"ailroatl trains in this Sbate.

Also, -a 1bill to chJange the time of holding ::Jiontgomery Superior Court.
Also, to amend an -act to maint-ain a syst<.>m of public schools in Fulton counlty, ontsiJe the city 'Of ..:\!tlanta.
Also, a 'bill to regula;te the practiee in the city court of Baxley.
Also, a 'bill to -rearrange :t!he Stone }foull'r.ain and CowetJa_ circuits, aclcling the cmmltyof Oampbell to t1w Stone }fountain ciTCui't.
The Hou;;e lias .also coniCunecl in iJhe following Senate resoluti.Oll'S, t.o 'Wiit:
.A. Tesolut.ion providing for 't'h-e pl'epa:ra-tion -of a hand--
book of the \Vestern Railrdad.

THURSDAY, DECElfBER 16, 189i.

729.

The House 1has also 0oncnr1;ecl in bhe Senate amendment to th'e following House bill:

A bill prohibit.ing the :firing of guns or pi~tols on excursion t:rains or at picnics.

The Honse has abo C"OncmTed in 1:the SenaJte amendments to th'e following rC~Solufions:

.:-\_ resolntron provitl.ing for th! payment of extra doork-eepers .
.Also, a re&nlntion appropriating $150 for the elevator hoy.

.Also, ra resolh~tion to pay Dan Hea11cl fifty dollars.

The House ha..c; also C'Onlcul'l~ecl in the following .Senaterewlntions as amcmdcd, Ito wit:

A resoluti-on proYid'ing that JJbe President oi the Senate,
Speaker of the Honse, Secretary of the Senate, and Glerrk of the Honse he, and they me, hereby autho-rized to remain at the eapitol five days after adjournment.

Also, a resolution providing for a doorkeeper for the reardoor of 1ntesoongcr's room for twenty-five days.

Tile Honse has also adopted the Toll-owing reoolution.in whieh the concurrence of t!he &mate is asked:

A resolnt.ion providing :flor an 'inveStigation -of the no:rtht:J'll boundary of the St.ate.

I3y )Ir. )IeldTim-

.A. bill Ito amend seotion 1844 of the Code of Georgia of1805.

"730

JOURNAL OF THE SENATE.

L pon the passage of 1fhe ibi:llthe ayes were 23, nays 0.

The bill, having received the l'equisite constit.utional majority, was passed.

T~y :Mr. Oa.Jvin-

A bill fJo amend section 2417 {)![the Oi,r.il Code of 1895, in reference to rmJarriage l'icense.

L pon motion of :Mr. Shropsbire, the bill was .tabled.

)fr. Redlwine, Chrairman of Committee on )[annfac:rories, sU'bmi'tlred iJhre foUowing 'l"eport:

.lll'. P1esidtmt:

Th'c Committee on :llanufactories have had uncle1 con;:ideration it'he following fOill, ~to wit:
A :biH tto tbe enltitl.ed an act to require all paiekages in which mixed flour is offered for sale for eonsumption within vhis Smte fo he marked '()l' branded so as to show :tbe trne <ontent'S ;and weight of SU:ch paJckages, which the committee instruct me ruo repor-t back w:ith the recommend:a:ti'()n that the same do noc pass.

The committee !have also hrad under ooosiderat.ion a hill io be ntitled an act to prmide f.or awd requi'le an :aual:',;is of every article of food offered for sale for con::mmption within this Stialte, wlhich bhe committee instruct me to re_port back with .a recommendation that the introducer be .allowed to withdraw the same.

Respect-fully submitted.

J. E. REDWINE, Chairman.

THURSDAY, DECEMBER 16, 1897.

731

-"By )Ir. Li~tle-

A bill rto 'appl'Opriate $320.00 rto pay the school-hook . commission.

1'"pon mot.ion. of )fr. Turner, the bill was tJa:bled.

The following Senate bill was 'taken up to concur m House amendments:

Hy )Ir. .Starr-

A resolution authO'l:izing the President of t!he Sen'ate, Speaker of 'the House, See.retary of 1fhe Sena:be, and Clerk .of the Honse tJo remain at :the oapibol five d.ays to finish up tho business.

House anrendnnents We'l'C conounm in.
:Cpon mo;tjlon, 11he !following House bill w:as taken from the taoble to he put upon .its passage:

By )fr. Litvle-

A bill bo applX>priate $320.00 foc the sc'hool-book com-
llllSSIOn.

This being an ruprrnoprialtion, tihe ayes and nays were -called, and the vote was as follows:

Those voting in the a.ffirm.ative were Messrs.-

Atkinson, Rlalock, Brinson, Brooke, Carter, Castleberry, Everett, Flewellen, Flynt,

Goldin, Golightly, Gray, Ham, Kemp, Kilpatrick, Redwine, Sheffield, Starr,

Stevens, Stewart of the 2itb, Stewart of the 84th, Strother, Turner, Van Buren, Walker of the 40th, Wilcox, Witcher.

732

.JoURNAL OF THE SENATE.

Those not voting were )[essrs.-

Allen, Battle, Comas, Cook, Culver, Dunwody,

Geiger, Hopkins, Hudson, Mann, 2.\lcFarland, Shropshire,

..:~yes 27. Nays 0.

Thomson, Walker of the 18th Westmoreland. 'Wooten, 1\lr. President.

The bill, having received the requisite constitutional majority, was passoo.

By :3Ir. Felder-

A bill to amend t.he charter of 1!he city of Atlanta.
r pon t;he passag'e of tJhe bill ;the ayes were 23, nays 0.

The bill, having receival the :requisite constihltional ma-jority, was passed.

The following resolution was read ancl adopted:

By )fr. Gl~ay-

A re.solnt.i-on ,to admit Eddie God-dard in t.he Deaf and: Dumb Institut-e at Cave Spring.

A bill t-o incorporat-e the town of Lake Park, m the eounty 'Of Lowndes.
'Gpon the pa&-<age -otf 1Jhe bin the ayes were 24, nays 0.
The bill, 'haYing rooeived the requisite constitutional ma-jority, wtas passed.

THURSDAY, DECEMBER 16, 1S97.

733

By ::'lfr. Charters-
..:\_bill to authorize the GoYernor to ~ell the Northeastern Railroad.

L pon the passage o 'the 1bill )fr. Goldin c.allPcl or the nycs and nays, ,~~hieh call was sustained, and the Yot.e was a,; .follows:

Those voting in the affirmative were :Messrs.-

Allen, .Atkinson, Battle, .Blalock, Brinson, Brooke, Carter, Castleberry, Cnher, Dunwody, Everett, Flewellen,

Flynt, Geiger, Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, Mann, McFarland, Redwine,

Shropshire, Stewart of the 27th, Stewart of the 34th, Strother, 'l'urner, Van Buren, Walker of the 18th, Walker of the 40th, westmoreland, Witcher, Wooten.

Those voting in the negative were Messrs.-

GaiJin,

Sheffield,

Starr.

Those 'llOt voting were Messrs.-

Comas, <:ook, Kemp,

Stevens, Thomson,

Wilcox, Mr. Prsaident.

.Aye-5 34. Nays 3.

The bill, having reoehred t'he l"equisite constitutional maj mi ty, ""as pas.,--ed.

734

JoURNAL OF THE SENATE.

The following message was received from the House through 1fr. Hardin, the Clerk thereof:

J!l. President:

The House has passed thB following bill, wirh an amendment in ,.,,hic.h ltJhe concurren!ce of the Senoatc is asked, t.o wit:
A hill to regulate fhe deposits O<:f securities h,v Building and Loan As.-;ociations.

2\Ir. Dnni\\"O<tly, Chairman Committee on )filibary AffAirs, submitted l!Jhe following report:

.llr. PN'8i&:nt:
The Committee on )filitar,Y Affairs haYe had under tou;.i:doration Hou~e hill Xo. 5H6, bo be entitlBd an ad. to re<plire the Stat;e )lemorial Howrcl Jto make an inYestiga.tion oi the condition of tthe different Oonfederate <emateries in this State, and for othm pnrpooes, and dirc>d me, as du1irman of :>aid eoatl'lnilttet>, to rep'ort same hatk t-o tihe Senate with tthe reeonunendation that ohe samc> do not pass.

Hespectfully ::;nlnnitted.

HEXRY F. DUNWODY, Chairman.

The folluwing House resolution was read fi:rgt time: By ::\Ir. )fddrim-

A resolution invrstiga.ting the northern boundary of the State of Georgia.

The resolution ""as adopted.

THURSDAY, DECE:)IBER 16, 1897.

735

The fol1o:wi11g Honse bill was taken up to be put upon their passag:

By 1ft. Slaton-
o
A bill to proYide :for notice of the garnishee W'hen in any of the courts of this State when <his answer has been traversed.

C pon lhe pasSJage -of t!he bill the ayes were 26, nays 0.

The bill ha,ing received the requisite C'Onstitutional majority, wa.s paffiecl as amended.

"\.mend by inserting in section 4 of said bill, between the '"ord "perfected" <and the word "either," the following language: "by ttlw plaintiff, 'his agell!t or atbor.ney of record, or by 't'he proper offi:cer orf said court."

The foHowing Sena;te bill was taken up for the puq)()se 6i c:oncurring in II-ou::e amendments:

By )fr. Stewart of :3-th District-

A bill to regu!Mc tlhe deposits of Building and Loan Companies in this Sta:te.

llou~e amemlmenffi \\'eTe concmTed in.

By unanimous consen:t, Sen:aooiJ.' Oarter was excused. for the rema.inde'l' of t.he session, on account Q1 sickness.

The following Senate bills wet~ read t'hird time to be put upon their pa~SSage:

"i36

JOURNAL OF TilE DEXATE.

By )Jr. Whitaker-

A hill to amend section 3623 of the Code of 1882.

Cpon the passage of the bill the aye.; were 26, 1wys 0.

The bill, 'having reCJeiYed t11e requisite constitutional majority, was IJ.Yassed.
By )Jr. Felder-

A bill to prohibit. the excavating, tearing uop or dest.roying m'aeadamized roads in this State.

rpon the passage of the bill t1le ayes were 23, nays 1.

The bill, hming rooeiveicl t:he requisite constitutional rna.jority, was passed.

A resolution memorializing Congress in reference to yellow fever.
L'pon the pas,--age 'Of the resGlution the ayes were 23, nays 1.
The resolution, !having received :the requisite coMtitutional majority, was passed.
By :Mr. Longley-
A .resolution 'bo pay Mrs. J ooeph Oohen, of Troup county, $30.00 fur pensiGn of 1895.
This being an ruppropriat.i'On, the ayes and nays were rCallecl, .and the vote Was as follows:

THURSDAY, DECE)lBER 16, 1897.

737

Those vtoting in the a:ffirtmative were Messrs.-

.Atkinson, Battle, 'Brinson, Castleberry, Culver, Dunwody, Flewellen, Geiger, Goldin,

Golightly, Hudson, Kemp, Kilpatrick, Mann, Redwine, Shropshire, Starr, Stewart of the 27th,

Stewart of the 34th, Strother, Turner, Van Buren, Walker of the 40th, 'Vestmoreland, Witcher, Wooten.

Those not voting were Messrs.-

.Allen, Blalock, Brooke, Carter, -.Comas, .Cook,

Everett, Flynt, Gray, Ham, Hopkins, McFarland,

Sheffield, Stevens, Thomson, Walker of the 18th, Wilcox, Mr. President.

Ayes 27. 'Nays 0.
r
' 'Dhe resollution, having received the requisite O()II}$tLtu-
:tional majority, WtS.S passed.

Mr. Hat!tle, Ohairman of the 'General Judiciary Oommit.iee, submitted the fu:llowing repor.t:

.Mr. Pre."'i.dent:

'llhe General J udidary Oom:mittee have had under oon.sideration the :following House !bill, wlhich I am instruC!ted 'to report iback witJh the ;recommendalti'O-n toot the same do pass as amended, itlo wit:

'A bill to 1be enti:tled an IB.Ict requiring all promissory notes
.47s

738

JOURNAL OF THE SENATE.

or contracts taken fm patent rights to express on the facethereof tflhe llhing pm'C!hased, and :for other purposes.

'Ilhe comnribtee 1have also had under consideration thEl" following Rouse 1biH, Which I am instructed to report back with the relcO!IJlillllend1ation that smne do pass, Ito wit:

A bill to ibe entitled an ract p~oviding for liens in faVX>rof .contra:ctors, mruterial men, etc., and for other purposes:

Respecdully submitted.

C. E. BATTLE, Ohairman.

By :Mr. Bartlett~

A bill to proh~birt the malici:ous destro~ring of any :barn,. house, or otih.er properly in tlhis StJaJte witJh dynamite, orother explosive substances.

Upon the passage of the bill the ayes we1e - , nays - .

f!:he bill, having reooived t'he requisite <COnstitutional majority, was passed as a!lll!ended.

AmeiJ'd the capitioo or ~le bil~ by striking the worCt "power" and insert in lieu thereof ft!he word '~powder."

Also, amend section 5 by striking the word "committed," in rthe third to the la.9t line of said section, and ins~ting in lieu thereof \!Jhe word ''oommtuted."

The follo.wing bill was received from the House througl~ !h. Hardin, the Clerk thereof:

THURSDAY, DECEMBER 16, 1897.

73g

Jib. President:

iThe Hornse has 'Passed tJhe foll>o,wing 'bill of 1Jhe Senate, rbo wirt:

A bill to create and organize a new judicial circuit rto be called the Atlantic judi~ial cirrcuit.

The following ~ommun:Ucation was received from his Excellency, the Governor, through :?IIr. \Vanen, his Secretary, to wit:

jjfr. President:

I am direc,ted by the Governor ~to deliver to the Senate a sealed ~communication, to which ihe :respec:tJ:fully invites rhe consideration of your hoiJ.Oil'aihle body in executive session.

By ilfr. Felder-

A bill prO'Viding for liens in favor of oon'tracts, ma.teriral men, mechanics, laJbmers, and others, and forr other purposes.

Upon moticm otf l\fr. Golightly, the hill was tabled.

By J.fr. Cannon-

A bill to requiTe all promisoocy nroltes OT contra>Cts ta.k:OO' for patent righ!ts to express on 'l:lhe face ifuereof the rthingpuadmsed, ~and for other purposes.

Upon thre passage 1of lJhe Jbill MT. Golightly ca,lled. forthe ayes and nays, Wlhich ~call WlaS sustained, and '&he V'Qlre was as follows:

740

JOURNAL OF THE SENATE.

Those VO'ting in th'e affirmative were Messrs.-

Allen, Atkinson, Blalock, Brinson, Brooke, Castleberry, Cook, Culver, Everett, Flewellen,

Flynt, Geiger, Goldin, Golightly, Hopkins, Hudson, Kemp, McFarland, Shropshire, Starr,

Stewart of the 27th, Stewart of the 34th, Strother, Turner, Walker of the 18th, Walker of the 40th. vVestmoreland, 'Vitcher, Wooten.

':Dhose vo!Jing in the negative were Messrs.-

Battle, Dunwody, Kilpatrick,

Redwine, t:ltevens,

Thomson, Van Buren.

Those not voting were Messrs.-

Carter, Comas, Gray,

Ham, Mann, Sheffield,

vVilcox, Mr. President.

Ayes 29. Nays 7.

The bill, having received i:ihe requisite oonetitutional majority, 1ms passed as amended.

Amend :the oruptiO'll of the oot by sbriking rufter rtihe word "e.ontract," in tth'e iihit,teen'th line, 'ffue following words, iJo wit: "\\%ether the consideration be e},.'}lcressed or not," nnd inserting in lieu t'hereotf .the following words: ""Where the considwation is so expiressed."
SecO'lld .amoodment: 'Amend ~he caption iby adding at the end rth1ereof ifue ~oll01wing words, to wit: "and to rprovide a penalty for failure rtlo OO'll1lply with the pl'Ovisiorns of iJhis 2'CL"

THURSDAY, DECEJ\fBER 16, 1897.

741

Third amenrdment: .Amend section 2 -as foUows: Strike 3iter the WOl'd "obherwise," in ~the ninlbh line, the follorwc ing words, to \viJt: "or whether 1Jh'e consideration is ex-
pressed in same or not," and inse<tt in lieu thereof the following: "Whether ~the considerruHon is so e:.\.'}):rtessed."

:Fourth amendment: ~~1alke a new section, to be in lieu 0
of section 3, wh~c~h sect:i!on shall read as follorws:

Section 3. Be it furbher enwbed by the authority arforesaid, Thrut all persons violating the prwisions 0' this act iby selling any of the articles mentioned in this act without expressing in ~~he face .or sU!ch TI'otes or contraCJts or othm evidenoe of debt ifue amide or thing for which the same was given, shall be guilty of a mi&de'meanoT, and on conYiction shall be punished as prescr~bed in section 1039 of volume 3 of rbhe Code of 1895.

Fifth amendment: Make section 3 of the original bill Bection 4 .df the bill ru:; amooded.

.At 12 :~ 5 o'dock the Senrute \Venit irrbo executive session.

Upon notion 'of ~fr. Gray, cw'hen 'th'e Senate adjourn i<t will recolP'ene at 3 o'clock this evening.

By unanimous consent, House 'bill No. 233 was tabled.

By unanimous C'onsent, the following Honse bill was taken up, with adver.se report from conuuitte.

By l\fr. Calvin-

!I\.. bill to require all mixed flour offered for consnmptiOll in ~this State t,o have certain words printed on it.

'742

JOURNAL OF THE ~ENATE.

)fr. Walker of 18th moved to disagree to the repo-rt of the comm1ttee.

The session w.as extendoo until :the 1bill under consideration was disposed <t)f.

upon disagreeing t.o the report of the commibtee, :M:r. Golightly called fm the ayes and nays, whioh call was sustained, a;nd ltihe v;otte was as :f'oHows:

Those V'O'ting in the affirmative were Messrs.-

.Allen, Atkinson, Castleberry, -<Julver, Flewellen, .Flynt,

Goldin, Golightly, Gray, Hopkins, Kemp, McFarland,

Starr, Stewart of the 34th, Strother, Turner, Walker of the 18th, wooten,

Those V'oting in the negative were Messrs.-

"Blalock, 'Brooke, <Jook, Dnnwody, ..Everett,

Geiger, Hudson, Kilpatrick, Stevens, Stewart of the 27th,

Thomson,
V'( estmoreland,
Wilcox, Witcher.

Those not voting were Messrs.-

"Battle, Brinson, Uarter, Comas,

Ham, Mann, Redwine, Sheffielrl,

Shropshire, Van Buren, Walker of the 40th. Mr. President..

Ayes 17. iNays 14.

The repwt of 1Jhe committee was disagreed to.

Upon the passage of the bill :Mr. Golightly called for the :.styes a.nd nays.

THURSDAY, DECE~!BER 16, 1897.

743

Upon motion of l\fr. Golightly, the bill w:a:s 'ta:bled.

'l'he hoUT of ;a!djournrrnent i.having amved, 1fue Soowte ;t;tood rudjourned until thls 1Vening lB!t 3 o'clock.

3 0'clock P. :M.

The Senate met pU'rsu:ant to adj1ournment ~at 3 o'clock, lll.nd was called 1io order lby the Piesident.

By unanim.ous.aonoont, I!Jhe roU-call was dispensed with.

By un1anirn:ous c:onserut, the foHQiwirrg House bills :were taken up :toibe put upon ilh:edr passage:

By }fT. Boifeuillet-

A bill to appropriate $10,000.00 to estalblish a textile depa.Iitment at the ']oohno1ogiaal Sdhool.

This ibeing an appropriation, the ayes and nays were <:.alled, and :tfuie vote 'WIBS laS follows:

Those voting in tilie affirmative were Messrs.-

Atkinson, .Battle, Blalock, Brooke, Castleberry, Culver, .Dunwody, Everett, Flewellen,

Flynt, Geiger, Golightly, Gray, Ham, Kilpatrick, Redwine, Sheffield, Shropshire,

Stevens, Stewart of the 27th, Stewart of the 34th, Thomson, Turner, Van Buren, Witcher. Wooten.

'l'h'OSe voting in the negative were Messrs.-

McFarland,

Walker of the 18th,

744

JoURNAL OF THE SENATE.

Th'ose nlOlt voting We!l'e Me\'lSI'S.-

Allen, Brinson,
Carter. Comas, Cook,
Goldin,

Hopkins, Hudson,
Kemp, Mann, Starr,

Strother, Walker of the 40th, W E'stmoreland, Wilcox, Mr. President.

Ayes 26. Noays 2.

The hill, having rooeiV'ed rthe requisite constitutional majority, was passed.

By Mr. Taylor-

A biU to appropriaJte $3,400.00 to erect necessary fire walls at rthe Luruatic Asylum.

This being an: approprirutio111, the ayes 13.Il!d nays w&re c:alled, and 1Jhe v;ote rwas as follows:

Those V?dting in 1lhe a.ffi.I.mative WEllre Messrs.-

Atkinson, Battle, Blalock, Brooke, Castleberry, Culver, Du.nwody, .Everett, Flewellen, Flynt, Geiger,

Golightly, Gray, Ham, Kilpatrick, McFarland, Redwine, Sheffield, Shropshire, Starr, Stevens,

Stewart of the 27th,. Stewart of the Mth,. Strother, Thomson, '.furner, Van Buren, Walker of the 18th~ Westmoreland, Wilcox, wooten.

Those not vating were Messrs.-

Allen, Brinson, Carter, Comas, Cook,

Goldin, Hopkins, Hudson, Kemp,

Ayes 31. 1Nays 0.

Mann, Walker of the 40thr Witcher, Mr. President.

THURSDAY, DECE;>.IBER 16, 1897.

745~

The bill, having received th'e requisite constitutional majority, was passed.

By Mr. .S1a;OOn.___.

A resolution w appropria!te $1,275.00 to pay balance due
<>n the :new Oode.

This being ran appropriAtion, the ayes and nays werecalled, and the vote was ras follaws:

Tnoose voti.ng in tJhe affirmta.tive were Messrs.-

Atkinson, Battle, Blalock, Brooke, Castleberry, Culver, Dubwody, Everett, Geiger, Goldin, Golightly,

Gray, Ham, Hopkins, Kilpatrick, McFarland, Redwine, Sheffield. Shropshire, Starr, Stevens,

Those n<l't voting were Messrs.-

Allen, Brinson, Ca1ter, Comas, Cook,

Flewellen, Flynt, Hudson, Kemp,

Stewart or the 27th, Stewart of the 34th, Strother, Thomson, Turner, Van Buren, Walker of the 18th,. Westmoreland, Wilcox, Wooten.
Mann, Walker of the 40th,. Witcher, Mr. President.

Ayes 31. Nays 0.

The bill, having received the requisite constitutional majority, ~as passed.

JOURNAL OF THE SENATE.

By )fr. Blalock-
A resolution to appropri~te $1,800.00 to pay the expenses o tlm special committee, known as the Blalock Comnuttee.

This being an appropr~rnti'on, 1Jh-e ayes and nays were -<'Alled, and 1:lhe v-ote was as :follows:

!Those voting in the affirmative were Messrs.-

-Atkinson, :Blalock, 'Castleberry, Culver, Dunwody, ::Everett, rFlewellen, 'Flynt, Geiger,

Golightly, Gray, Ham, Hopkins, Hudson, McFarland, Shropshire, Starr, Stevens,

Stewart of the 27th, Stewart of toe 34th, Strother, Turner, Van Buren, Walker of the 18th, Wilcox. Witcher, Wooten.

Those voting in the negative were Messrs.-

-Allen, Brooke,

Goldin, Kilpatrick,

Redwine, Thomson,

Those uot voting were Messrs.-

:Battle, 'Brinson, Carter, .Comas,

Cook, Kemp, Mann, Sheffield,

Walker of the 40th, Westmoreland, Mr. President.

Ayes 27. Nays 6.

The bill, haJving reocived the rtequisite oonstit11tional majority, was passed 'as amended..

THURSDAY, DECEMBER 16, 1897.

747

Amend ~apti,on of 1eaolution by adding alt the 'Ild t:hereof the .following: "And to provide f{)lt an :appropri:atnon of $200.00, or so muc.h thereoif as may be necessary, to defray the ,a,ctu:al expenses and pay the per diem of 1Jhe Spe<:ial )filit.al'y Commirtt.ee appoinJt:.ed under a Tesolution of the House and Stma.te to visit -tl1e milibary encampment of tJhe State during t!he year 1897.

Amend iby :addllng rut tlhe end of se'CIOnd sootion the following, to !be known as se~tions 3 :and 4, as follorws:

Sectron 3. Resolved further, That the sum of $200.00, or so much tihereof as may be necessary, be, ,and rt:he same is hereby 'appropriated to defray the aclual expenses and pay the per diem 3lt the rate of f{)IU:r dollars fiQor ea'Cih days' ~erYice of the memlber'S of the Speci,al !filitary Committee who were appointed 'Under a TeSOlution or .the House and Senrute during the l:ast sessi'On <Jf the present Legislahue to visit the military enc131!Upmen'ts of tlhe :State 'held during
the year 1897.

Section 4. Rie8olved further, That said experues and per diem of the committee sh!all only be paid after an itemized statement of the amou11ts clrumed shall be :approved by tlhe chairman <Jf said CIO'lll'lll'i'titee, and :audiJted 'by one of tJlre auditing committee of either the House or Senate.

Amend sootion 3 of ;jjhe original resolution so that it will read seomon 5.

By )fr. Blaloc-k-
A ;bill to appl'O>pri:a:te money to pay indigent Confederate so-ldie1~ for the year 1898.

748

JOURNAL OF TilE SENATE.

This .beim.g an appropriation, the ayes and nays wer& called, and the v-ote w.as es :follows:

'1\hooe V'oting in the affirmative were Messrs.-

A.llen, Atkinson, Battle, Blalock, Brooke, Castleberry, Culver, Everett, Flewellen, Flynt, Geiger,

Goldin, Golightly, Gray, Ham, Hopkins, Hudson, Kilpatrick, McFarland, Redwine, Shropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th,. Strother, Thomson, Turner. Van Buren, Walker of the 18th,. Wilcox, Witcher, Wooten.

-Those not V'oting were Messrs.-

Brinson, Carter, Comas, Cook,

Dunwody, Kemp, Mann, Rheffield,

Ayes 34. Nays 0.

Walker of the 40th,. Westmoreland, Mr. President.

The bill, \having received .the :requisite const.itutional majority, was passed.
By Special Committee-
A resolulti:on to pay !Jhe sum of $341.68 to D. Lee Wardroper, and the sum of $270.54 to Thos. P. Stanle~ for services as special civil engineer on the \Y. & ..:\.. R. R.
This being an appropriatioo, the ayes and nays were <:ailed, and ~the vme was 9S follows:

THURSDAY, DECEl\IBER 16, 1897.

749

Those voting in the affirmative were Messrs.-

Allen, Atkinson, :Battle, :Blalock, Castleberry, Culver, Dunwody, Flewellen, Flynt, -Geiger,

Goldin, Golightly, Gray, Ham, Hudson, Kilpatrick, McFarland, Redwine, Shropshire, Starr,

SteYens, Stewart of the 27th, Stewart of the 34th, Thomson, Turner, Van Buren, 'Yalker of the 18th, wilcox, Witcher, Wooten.

Those IllOt voting were Messrs.-

:Brinson, Brooke, Carter, Comas, Cook,

Everett, Hopkins, Kemp, Mann, Sheffield,

Strother, Walker of the 40th, Westmoreland. Mr. President.

Ayes 30. Nays 0.

1'he resolution, havimg received the requisite constituiionai majority, .:was pru;sed.

By ~fr. Slaton-

A resolution :to appropriate $800.00 for ibhe republication of 200 each o:f the Georgia Reports, volumes 84, 85, -86, and 87, and for {Yther purposes.

This ibeing an appropriatioo, -the ayes .and ll'ays were .called, ~nd '!::he vote was ;as follows:

750

J OURXAL OF TilE SENATE.

'!'hose wting in 1lhe affirmative were Messrs.-

Allen, Atkinson, Battle, Blalock, Castleberry, Culver, Dunwody, Flewelle-n, Geiger,

Goldin, Golightly, Gray, Hudson, Kilpatrick, Mann, McFarland, Redwine, Starr,

Stevens, Stewart of the 2ith,.. Stewart of the 3-!t.h,. Turner, Van Buren, "\Vestmoreland, Wilcox, Witcher, Wooten.

'.Dhose nQ't voting were Messrs.-

Brinson,
Brooke, Carter, Comas, Cook, Everett,

Flynt,
Ham, Hopkin!!, Kemp, Sheffield, Shropshire,

Strother,
Thomson, Walker of the 18th,_ Walker of the 40th, l\Ir. President.

Ayes 27. Nays 0. ~Th:;-resolllltion, having received 1Jhe requisite constitutional majority, WJas passed.
The following mSSalge was reooi.ved from the House through lfr. Hardin, the Clerk thereof:
JJJr. Presiilent:
T.ae House has ooncmrred in the Senate amendments to the following Hoose bills, to wit:
A bill to proihilbit ;the wilful dynamiting of any 'building: in this State.

THURSDAY, DECEllffiER 16, 1897.

751

Also, a bill 'bo provide for notice to the garnishee when this answe:r has been traversed.

Also, a bill requiring promissory notes or contracts taken for patent rights.

The House has also ooncurred in the following Senate resolutions:

A resolutJ:i.QIIl 'to admit Eddie Goddard to tlhe Deaf and" Dumb Ins1Jitute.
By :Mr. \Vihitaker-
A resolution to authorize ,tfu_e Governm to d\l"aw ib.is W'a.r-mnt on the treasury fur $2,000.00 to repair the capitol buih:ling.

This 1being an ~opriation, the ayes and nays were called, IS.Ild ;tJhe vote 'W'as as fullows:

Th"OSe Vo'ting in- 1lh.e a:ffirimative were Messrs.-

Allen, Atkinson, Battle,. Blalock, Brooke, Castleberry, Cook, Culver, Dunwody, Flewellen, Flynt,

Geiger, Goldin, Golightly, Gray, Hudson, Kilpatrick, Mann, McFarland, Sheffield, Shropshire,

Starr, Stevens, Stewart of the 27th, Stewart of the 34th,, Strother, Turner, Van Buren, Westmoreland,. Witcher, Wooten.

'"752

,lOUll:\'AL OF THE SENATE.

Those IJJOit voting were Messrs.-

Brinson, Carter, Comas, Everett, Ham,

Hopkins, Kemp, Redwine, Thomson,

Walker of the 18th, Walker of the 40th, Wilcox, Mr. President.

Ayes 31. Nays 0.

The resolution, having received t'he requisite constitu'l:.ionaJ. majority, was passed. 'By :Mr. Th.yl'Or-
A r.esolutbi!on app!!.opria~ting $914.00 for the completion .of. a water ma.i.n 1at the Lunwtic Asylum.

This rbeing an app.vopriation, the ayes and nays were .called, and lbhe v01te was as :llollows:,

f!'h'OSe voting in the affirmative were :Messrs.-

..Allen, Atkinson, Battle, .Blalock, Brooke, Castleberry, Culver, Dunwody, Flynt, Geiger, -Goldin,

Golightly, Gray, Ham, Hudson, Kilpatrick, Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stevens, Stewart of the 2ith, Stewart of the 34th, Turner, Van Buren, Walker of the 18th, "\Vestmoreland, Witcher, Wooten.

Those not voting were lfessrs.-

Brinson, ..Carter, Comas, Cook, .Everett,

Flewellen, Hopkins, Kemp, Strother,

Thomson, Walker of the 40th, Wilcox, Mr. President.

Ayes 31. Nays 0.

THURSDAY, DECE:\lBER lfl, 1897.

753

T:he re.solution, ha,"ing receind the requisite constitutional major]ty, was passed.

By :Mr. Hall-

.t.\. resolu1tion to app1opri!llte $2,000.00 :to pay the expenses of the committee visiting 1lhe vmious convict' cam'Ps of the Swte.

This ,being an appropriation, the ayes and nays were <.'.ailed, 'and I!Jhe VCJite was as ollows:

Those VCJiting in the af!irmatiV'e were :Messrs.-

Allen, Atkimon, Blalock, CulYer, Dunwody,
Everett, Flewellen, Flynt, Geiger, Goldin,

Goligl!ttly, Gray, Ham, Hudson, Kilpatrick. l\Iann, :\IcFarland, Sheffield, Starr,

l:)tevens, Stewart of the 27th, Thomson, Turner, Van Buren, Westmoreland, Wilcox, Witcher, Wooten.

Those voting in the negative ""ere Messrs.-

Brooke,

Castle berry.

Those not voting were Messrs.-

Bllttle, Brinson, Carter,
Coma~,
Cook,

Hopkins, Kemp, Redwine, Shropshire, Stewart of the 34th,

Strother, Walker of the 18th, Walker of the 40th,. Mr. President.

Ayes 28. Nays 2.
4Ss

754

JuUH\AL OF TilE SENATE.

The resolution, 'having received the requisite con9titutional majority, was passed.
~Ir. Ste"'l"ens moved to adopt the report of the joint committee appointed to inn'stigate the tre-asnry departmrllt to obtain whether Hon. R. U. Ha1;Clen:nan had a right to appropriate certain funds arising f1om Building and Loan Associrutions.

L"pon adopting the reP'ort, Mr. Blalock moved to have the ayes and nays called, and the vote was as follows:

Thoac voting in the affirmative were ::\Iessrs.-

.Allen, Atkinson, Battle, Brinson, Cook, Culver, Dunwody, Everett, Geiger,

Gray, Ham, Hudson, Kilpatrick, l\Iann, Redwine, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 2ith, Stewart of the 34th, Strother, Turner, Van Buren, vVestmoreland, 'Vooten.

Those voting in the neg11tive were ::\Iessrs.-

Blalock, Brooke, Castle berry,

Flynt, Goldin, Golightly,

Kemp, Walker of the 40th.

Those not voting were Messrs.-

Carter, -comas, Flewellen, Hopkins,

McFarland, Thomson, Walker of the 18th,

'Vilcox, Witcher, Mr. President.

Ayes 26. Nays 8.

THURSDAY, DECEl\IBER 16, 1897.

755

The repOTt of the oommittee was adopted.

13y l\Ir. Hall-

A resolution to appropriate $60.00 to pay the pension of Amanda Thornton.

This being an appl'opriation, the ayes and nays were .-ealled, and the vote was as follows:

Tho&e \roting jn the affirmative were Messrs.-

Atkinson, Battle, .Blalock, Brinson, Brooke, CastleLen-y, Culver, Everett, .Flynt,

Geiger, Goldin, Golightly, Gray, Hudson, Kemp, Mann, Redwine, Starr,

Stevens, Strother, Turner, Van Buren, Walker of the 18th, Walker of the 40th, \Vestmoreland, Wooten .

Those not voting were 1\1essrs.-

Allen, .Carter, Comas, Cook, Dunwody, :Flewellen,

Ham, Hopkins, Kilpatrick, McFarland, Sheffield, Shropshire,

Ayes 26. Nays 0~

Stewart of the 27th, Stewart of the 34th, Thomson, Wilcox, Witcher, Mr. President.

The resolution, having received the requisite OO'I!Bbitutional majority, was passed.

By :Jir. Knowles-
A re~olution app~opriating $205.88 for ~fr. H. \V. 'Thomas.

756

JOURNAL OF THE SENATE.

T'his 1being an approprl.ation, th:e ayes and nay& were: c.alled, and the VO'te was as follows:

Those voting in the affirmative were :Messrs.-

Atkinson, Battle, Blalock, Brinson, Brooke, Castleberry, Culver, Everett, Flynt,

Geiger, Goldin, Golightly, Gray, Hudson, Kemp, Mann, Redwine,

i::ltan, Stevens, Strother, Thomson, Turner, Walker of the 18th" "\V estmoreland, Wooten.

Those not voting weTe ::\fessrs.-

Allen, Carter, Comas, Cook, Dunwody, Flewellen, Han::,

Hopkins, Kilpatrick, McFarland, Sheffield, Shropshire, Stewart of the 2ith,

Stewart of the 34th, Van Buren, Walker of the 40th,. Wilcox, Witcher, Mr. President.

Ayes 25. Nays 0.

The resolution, having received iJb.e requis~te constitutional majority, was passed.

By :Mr. Calvin-
A resolution paying ::\I. .A. Hardin and C. S. X orthen iar special work done 'by them.

T:his being an appl'CYp~-iation, the ayes and TI'ays were Jl..Ued, and the vote was as follows:

THURSDAY, DECEMBER 16, 1897.

757

Those voting in the a:ffirmamve were 1\iessrs.-

Atkinson, Battle, Blalock, Brinson, Brooke, Castle berry, Culver, Everett, -Geiger,

GolJin, Golightly, Gray, Hudson, Mann, Redwine, .Sheffield, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Tbomson, Turner, Walker of the 18th, Walker of the 40th, Wooten.

Those 'll!Ot voting were Messrs.-

Allen, Carter, Comas, Cook, Dunwody, Flewellen, Flynt,

Ham, Hopkins, Kemp, Kilpatrick, McFarland, Shropshire,

Strother, Van Buren, "\Vestmoreland, wilcox, Witcher, Mr. Prsaident.

Ayes 25. Nays 0.

The resolution, having rrooeived the requisite constitutional majority, >vas passed as amended.

Amend lby adding ait11" the figures "1895," at ifJhe end .of the last line, 'the follcming: "The furtilier sum of .$60.00 is hereiby appropriated to pay J. Troup Taylor fur ma:king indexes for 1the Senate and House Journals for 'IJh'e adjournment term o 1896, in February, 1897.

The privileges of the floor were extended to Capt. Paul T. Haskell during his stay in 1the city. .

The following resoluti~n was read 'and adopted:

758

JOURNAL OF THE SENAT~.

By Mr. Gray-

A resolution inst.rucbing t.he Secretay of the Senate to obtain from the Ron. R. L. Berner a portrait of himself t:o be hung on tJ.w walls of the Senate.

By :Mr. Reese-

.A. resolution to pay Richard J oil:ills-on, Comm1>1Jioner of rensions, :for one month's Galary.

This 'being an appropriation, the ayegc and nays were ("alled, and 1Jhe vote was as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Battle, Brinson, Castleberry, Culver, Everett, Flynt, Geiger, Goldin,

Golightly, G:ray, Hudson,. Kemp, Mann, Redwine, Sheffield,. Starr, Stevens,

Stewart of the :?7th, Stewart of the 3Hb, Strother,_ Thomson, Turner, Walker of the 18th Walker of the -lOth, Westmoreland, wooten.

Those not Yoting were "J[essrs.,.-

Allen, Blalock, Brooke, Carter, Comas, Cook,

Dunwody,. Flewellen,. Ham, Hopkins,. Kilpatrick,. 1\IeFarland:,.

Shropshire, Van Buren, Wilcox, Witcher, Mr. President.

Ayes 27. Nays 0.

T'he resolUJ!Jion, having received the requisite constitu+tion:al majority, was passed..

THURSDAY, DECK\IBER 16, 1897.

759

By ~Ir. SlatonA resolution to appropriate $500.00 to pay an excpert
a0countant.

This being an apP'ropriation, the ayes and nays were called.

l~pon motim of }.[r. Stewart of 3-!th, the bill wa..;: tahleJ.
B:- ~Ir. Burwell-
~~ resolndon to pay the expenses of the investigating <:ommittee that inYestigated the Clay county contested election case.

This being an app~orp~".iatioTI, the ayes and nays were called, and t1w Yote was as follows:

Those vot-ing in the affirmative were l\fessn:.-

Atkinson, Battle, Blalock, Castleberry, Cook, Culver, Dnnwody, Everett, Flynt, Geiger, Goldin,

Golightly, Gray, Ham, Hudson, Kemp, Kilpatrick, :\Iann, :\IcFarland, Sheffiel(l, S) ropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Strother, Thomson, Turner, Yan Buren, Walker of the 40th, \Vestmoreland, "roo ten.

Those not voting were Messrs.-

Allen, Brinson, Brooke, Carter,

Coma~,
Flewellen, Hopkins, Redwine,

Walker of the 18th,_ Wilcox, Witcher, :i\Ir. President.

Ayes 32. ?\ays 0.

"760

JoURNAL OF THE SENATE

The reSQlution, having received the-requisite constitutional majority, was passed.

By l\IT. Freemrun!A. resolut:li.on aUIIJhorizing the (}overnor to bOTTow money
if necessary 'to supply any casual d-eficiency More fue next session of the General Asaem!bly.

Upon the pa...<>sage of the resolution the ayes were 28, nays 0.

The resolution, having received the requisite collSititultronal majority, was passed.

By MT. WihitakerA hill to amend sootion 4641 of the Code of 1895.

Upon the passage of ~he bill the -ayes were 94, nays 0.

The bill, having received the requisite constitutional majority, was passed.

~fT. Redwine, Chairman OommitJtee on Manufactories, rubmittcd the follbwing report:

Jfr. President: The Committee on Manufactories have had under CJon-
Eideratjon rthe following bill, 1tO wit:

A bill t.o be entitled an act to regulate the sale of prisonmade goods wit'hin tib:e StaJte of Georgia, which the committee imtrnct me to Teport back with il!he recommendation that the ;;arne do not pass.
Respectfully submitted. J. E.. REDWINE, Chairman.

THURSDAY, DECEMBER 16, 1897.

761

By l\Ir. "Whipple-

A resolution to refund the amounts, less ta..'res and cosU!, receivw by the State from D. B. Leonard for the purehase <lf certain lands.

This being an appropriation, the ayes and nays were e.alled, ,and the vote was as follows:

Those voting in the affirmative were Messrs.-

Atkinson, Battle, Blalock, Brinson, Brooke, Castleberry, Culver, Dunwody,

Flynt, Geiger, Golightly, Kemp, McFarland, Redwine, Shropshire, Starr,

Stewart of the 27th, Strother, Thomson, Turner, Van Buren. westmoreland, Wilcox.

Those voting in the ngative were Messrs.-

Kilpatrick,

Walker of the 40th, Wooten.

Those not voting were Messrs.-

Allen, Carter, Comas, Cook, Everett, Flewellen,

Goldin, Gray, Ham, Hopkins, Hudson, :Mann,

Sheffield, t:tevenP, Stewart of the 34th, Walker of the 18th, witr.her, Mr. President.

Ayes 23. Nays 3.

The resolubion, having received the requisite constitutional majority, was passed.

By :\fr. Blalook-

A bill to presoribe bhree grades of fertilizers in this Statte.

762

JOURNAL OF THE ~ENATE.

Upon the passage 'Of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority, was passed as amended.
Amend by adding after the word "food," at end of sec~ tion 2, the wol''Cls: "provided, this act shall not go into effect until after tJ1e fimt day of August, 1898."

By ::\Ir. Oalvin-

.A bill't'O amend parngraph 1 of section 3 of the acts df 1896, in referenee to guarantee companies.

1::-pon the pa,.,sage of the bill the ayes were 2:l, nay,., 0.

The bill, having received the requisite constitutional maj ori ty, "'a.s -passed.
Til'e following bill was r.aken from the mble to be put upon its pass.age:

By ::\Ir. Slruton-

A bill to amend se0tion 1047 or t:he Penal Oode of 1895.

Upon the passage of the lbillthe ayes were 30, nays 1.
The bill, having (l"OOeived the requisite constitutional majorit:'', was pa.ssed.

By ::\Ir. Hawes-

A bill to amend an a:ct approved December 12th, 1882, and for otlher purposes.

L"pon the passage of 'tfue billt!he ayes were 23, nays 0.

THURSDAY, DECEl\IBER 16~ 1897.
The bill, having received the requisite constitutional ma-
j ori'ty, '"aS passed.
By Mr. Freeman-
A bill to amend section 580 of the first volume of the Oode of 1895.
Upon the passage of the hill the ayes were 24, nays 1.
The bill, having Teceived the requisite conStitutional majority, was passed.
"By ::\Ir. :JfcLar'tyA bill .to furthe-r define :the incompetency of certain .peT-
sons as witnes.."8.
Upon tUw pasMge of tl1e bill tihe ayes W're 23, nays 2.
The bill, having received 1the requisite constitutional majority was pa;;:sed.
By :Jir. LangleyA bill to authorize and empmve<r counties and municipal-
ities to enact r<>gnlations or ordinanees to proYidc for enfoii'cing ntcein-ation in th-is State.
Upon the passage of tJhe bill the ayes were 26, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous c'Onsemt, Hons.e- bill No. 352 was laid upon the 'table.
upon motion of :Jir. Kilpatrick, tJhe Senate adjourned: until 8 o'clock to-ni~ht.

764

JOURNAL OF THE SENATE.
8 O'clock P. ~L

Tbe SeDJaJte met pursuanrt to adjournment at 8 o'clock p. m., oo:d was called 'to rorder 'by the President.

1Jpon IJhe call of !the roll<bhoe follmving members answered
to their names:

Allen, Atkinson, Brooke, Castleberry, Cook, Culver, Everett, Flynt, Geiger, Golightly,

Ham, Kemp, Kilpatrick, Mann, McFarland, Redwine, Starr, Stevens, Stewart of the Zith,

Stewart of the 84th, Strother, Thomson, Turner, Van Buren, Walker of the 18th, Walker of the 40th, \Vitcher, Mr. President.

Those absent were :Messrs.-

BatUe, Blalock, Brinson, Carter, Comas, Dunwody,

Flewellen, Goldin, Gray, Hopkins, Hudson,

Sheffield, Shropshire, \Vestmoreland, Wilcox, \Yooten.

':ehe foUowing message was received from 1the House

throngh J\fr. Hardin, 1ihe Olerk thereof:

.illr. President:

The House hillS doncurred in ceribalin Senate amendmenJts t.:~ Honse Mll No. 582, to oraa:te a prison oommission, and refused to concur in ceiolbain oiJher amrord:ments, and has (oncurred in certain amendmenlts with 'an amendment, as foll'Ows:

THURSDAY, DECEMBER 16, 1897.

765

The House h'as ooncurred in .tfu.e following amendments: Noo. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 22, 23, 24, 25, and 27, and have refused to concur in 'the iollowing amendments: Nios. 20, 21, and 26.

The House has :also refused to concur in tJhe first pavt of amendment No. 17, relative to subletting the convicts, and concurred. in the latter part by substitute.

The House has also concurred in the Senate amendments to thre following House bills:

A bill to prescribe .tfu.e grades 'Of oomme:roial fertilizers.

Also: a resoluti10n provi.d.ing for an appropril!btion of $1,800.00 to pay the expe'Ilses of the Blalock C~mmittee.

Also, a resoluti'Oll to pay the Clerk of !the House and Assistant Secretary of tJhe Senate f-or special work.

)Jr. "\Yestmoreland, Ohai.rman of Committee on Engrossing, snbmi'tlted !the foUorwing repoo-t:

Mr. Prcsid('nt:

The Committee on Engrossing have examined and found duly engrossed and ready .to be .transmilbted to the House the follmving resolution, tJo wilt:

A resohtltion giving 'tJhe Govern'OT permission to loan Georgia State exh.Ybit to oommi.ttee for Trans-':Mississippi exhibit.

Respec.tfu11y sub-mitted. G. F. W1ilST:MORELAND, Ohlairman.

766

J OUMl AL OF THE SENATE.

The following Honse bills were taken from the table to be put upon their passage:

By :Jir. Felder-

A hill providing for liens in fayor of contrador5, material .aceonntant to examine the treasurer's books.

upon llhe passage otf the 'bill 1\!r. Kilpatrick called for
the ayes and nays, and 'the vo'te was as follows:

ThMe votin:g .in the affirmative were )fessrs.-

Allen, Atkinson, tBattle, Brooke, Cook, Culver, Dunwody, lEverett, Flynt,

Goldin, Golightly, Hopkins, Hudson, Kemp, Kilpatrick, McFarland. Redwine, Starr,

Stevens, Stewart of the 27th, Strother, Thomson, Walker of the 18th, Walker of the 40th, Westmoreland, Witcher.

Those voting in the negative were Messrs.-

Carter, Geiger, Gray,

Ham, Mann. Stewart of the Mth,

Turner, Van Buren,

Those nat voting were Messrs.-

Blalock, iBrinson, Castleberry, Comas,

Flewellen, Sheffield, Shropshire,

Wilcox, 'Vooten, Mr. President.

Ayes 26. Nays 8.

The bill, having received the <requisite constitutional majority, was passed a .amended.

THURSDAY, DECEMBER 16, 1S97.

767

Amend sect.ion 2 by striking out tbetJween the word "maieria1," in line e1C'YC'n, and ithe word "su~h," in line si::l..1teen, tl1e words "but when g:iYen during 1Jhe progress or wit.ih1n ~hirt.' days of t:he <~ompletion of the work or furnishing of matPrial, the lien ~hall nttach only t.o," and inserting therefor tlw words 'prxw1ded, in no eYent shall the lien abtaoo for a sum greater than."

2. Also, by striking out in line thirty-two the words "for the amount of the wryrk done or material furuMled fur tl1e improvement of said real estate."

3. ..:\.l,:o, by striking out between the word "material," in line forty-four, and the word "such," in line forty-eight, the words "but when given during the pl"ogress or wi1Jhin
thirty days of i:!h:e com'pletion of wryrk or furnishing of
.material, the lien shall att.ach only to," and inserting in lieu thereof t.he words "provided, i.n no event sha1l the lien a'ttach for a sum greater tJhan."

By )Ir. Calvin-
A lbill tto amend sectilon 1703 of the Code of 1882.

L pon ta1e passage of the 1billtt:!h.e ayes were 12, nays 20.

TJ1e bill, n'ot hlaving rooeived the requisite oonsbi.tu'lli.on.al majority, was loot.

B.r unanimous oonsen1t, House :bills Nos. 734 an:d 761
were indefinite-ly postponed, and House bill No. 411 was tabled.
By unanimous consent, Honse Bills Nos. 450, 54, 6, 34, ,and 352 wer'C indefin~tely postponed.

768

JOURNAL OF THE SENATE.

The following House reso.JUJtioo woas taken from the twble for the puxpose of putting it on its passage:

By Mr. Slalton-

A resolution to ;a,prp'I'opriate $500.00 to J?ay an expert accounltant to examine the treusurer's books.

This 1being an -appropriation, the ayes .and nays were called, and the vote was a8 follows:

Those voting in the affirmative were :Messrs.-

Blalock, Dunwody, Everett, Golightly, Gray,

Hopkins, Kilpatrick, McFarland, Stewart of the 27th,

Stewart of the 34th, Thomson, 'Vestmoreland, Wooten.

Those Yoting in the negati\e were :JI~srs.-

Allen, Atkinson, Battle, Brinson, Brooke, Castleberry, Comas, Cook, Culver,

Flynt, Geiger, Goldin, Ham, Hudson, Kemp, Mann, RedwinP, Sheffield,

Shropshire, Starr, Strother, Turner, Van Buren, Walker of the JStb, Walker of the -lOth,. Witcher,

Those not v:oting were Messrs.-

Carter, Flewellen,

Stevens, Wilcox,

)Jr. Prt>sident.

Ayes 13. Nays 26.

The resolution, not 1having received the requisite conetitu1:ionlal majority, was lost.

THURSDAY, DECEMBER, 16, 1897.

769

By Mr. Oalvin-

A bill requiring fiTms selling mixed fhmr in this StaJte ro have Cffi"tain wo1Us printed on it.

:Mr. Kilprutrick moved to indefinitely postpone the bill, and -on lth'alt :i\Ir. Goliglhtly called :f.or t.he ayes and nayE,. and the vote was as :fiolloiWS:

Those voting in the affirmative were :Messrs.-

Battle, .Blalock, Brinson, Brooke, Comas, Cook, Dunwody,

Everett, Geiger, Ham, Hudson, Kilpatrick, Mann,

Redwine, Sheffield, Shropshire, Stewart of the 27th, Walker of the 40th, Westmoreland.

Those voting in the negative were Messrs.-

Allen, Atkinson, Castleberry, Culver, Flyn't, Goldin, Golightly,

Gray, Hopkins, Kemp, llfcFarland, Starr, Stewart of the 34th, Strother,

Thomson, Turner, Van Buren, Walker of the 18th, Witcher, Wooten.

Those not voting were Messrs.-

Carter, Flewellen,

Stevens, Wilcox,

1\fr. President.

Ayes 19. Nays 20.

The motion to indefinitely postpone was lost.

Upon the passage of ilhe 'hill Mr. Golightly called for the aye, and na~~, and the vo'te was 'as follows:
49s

770

JOURNAL OF TilE DEN ATE.

Those voting in t.he affirmative were Messrs.-

Allen, Atkinson, Castleberry, Culver, Flynt, Golightly,

Gray, Hopkins, Kemp, McFarland, Starr, Stewart of the 34tb,

Strother, Thomson, Turner. Van Buren, Walker of the 18th, Wooten.

Those voting in the negative were ::\fessrs.-

Battle, Blalock, Brinson, "Brooke, -Gook, Dunwody,

Everett, Geiger, Ham, Hudson, Kilpatrick, Redwine,

Rheffield, Shropshire, Stewart of the 27th, Walker of the 40th, "\Vestmoreland; Witcher.

Those not YOting were ::\1essr2.-

-Garter, -Go mas, Flewellen,

Goldin, l\Iann, Stevens,

Wilcox, Mr. President.

Ayes 18. Nays 18.

The bill not having received the requisite constitutional majority, was lost.

The :fiollowing bill >VIaS taken from the t.a:ble, with adverse repcxrt frOim IJJhe committee:

By ~fr. Darvidson-

A biH >to elect t.he Gounlty 001ll1IT11'issioners of Greene <oturty by tlhe people, anrl for other purposes.

Upon m'otion of ::\fr. BeTIIler, rtihe bill was laid upon the table.

THURSDAY, DECEMBER 16, 1897.

771

The commilttee on ltJhe part of the Senrute rto select the portraut of the Hon. Ohas. F. Crisp is Senator Hudson of 13th distridt.

The (;Ommittee 'On 1the part of the Senaite to v<isrt the No[t'h Georgira Agricultural Oollege, at ilts next commencemen~, is Sen1abors 0. N. Slta:rr of the 43d district, and Phil Cook of tfue lOth district.

The follol\ving message was reoeived from the House through ~IT. H''ardirn, iihe Clerk t1Jhereof:

Mr. President:
The House has ooncllli'red irn the Senate amendmenrts to the following House bill:

A (bill pro"'lniding f.oc liens in Ta"'l"or of c.ontractotrs, material men, meohanics, eiJc.

Upon m01tion of :Mr. Ba:ttJle, tall tthe bills wlhic:h were only rea:d ifirst tt.ime were indefinitely postpOilled.
~Ir. Flynt moved eo 'take House rbill No. 738 from the
table, and -called for tJhe ayes and nays, and :tJhe vote was as follows:

Those voting the affirmatiYe were :Messrs.-

Atkinson, Blalqck, Brooke, {)astleberry, Everett, Flynt, Goldin, -Golightly,

Gray, Hopkins, Kemp, lVI:ann, McFarland, Sheffield, Starr,

Stewart of the 27th, Stewart of the 34th, Strother, Turner, Walker of the 18th, Walker of the 40th, wooten.

772

JOUltNAL OF TilE SENATE.

Those voting in the negative v.ere Messrs.-

Battle, Brinson, Culver, Dunwody,

Geiger, Kilpatrick, Redwine, Shropshire,

Thomson, Van Buren. Westmoreland, Witcher.

Those not voting were Messrs.-

Allen, Carter, Comas, Cook,

Flewellen, Ham, Hudson,

Ayes 22. Nays 12.

Stevens, Wilcox, Mr. Prel'ident.

The bill was tak6'll from tihe table.

Upon disagreeing ito ilhe reportt of the committee, M Flynt oealled for the ayes and nays, and the vote was as fu lows:

Those v<Yting in the affirmative were Messrs.-

Atkinson, Battle, Blalock, Brinson, Cook, Culver, Dunwody, Geiger,

Golightly, Gray, Ham, Hudson, Kilpatrick, McFarland, Redwine, Sheffield,

Shropshire, Stewart of the 2ith, Stewart of the 3Hh 1 Thomson, Van Burton, Walker of the 18th~ 'Vestmoreland, Witcher,

Those Vloting in the noegative were Messrs.-

Brooke, Castleberry, Everett, Flynt,

Golrlin, Hopkin!', Kemp, Mann,

!':trot h e r , Turner, Walker of the 40th "rooten.

THURSDAY, DECE~IBER 16, 1897

773

Those not voting were Messrs.-

.Allen, <Carter, -comas,
Ayes 24.

Flewellen, Starr, Stevens,
Nays 12.

Wilcox, Mr. President.

Report of CJomnuttee was agreed rto.

Upon the passage CYf the bill !fr. Flynt called for the -:Ryes rund nays, a:nd ithe Yote \Vas as follows:

rrhose voting in the affirmative were Messrs.--

'Brooke, Castleberry, ::Everett, Flynt,

Goldin, Hopkins, Kemp, Mann,

Strother, Turner, Walker of the 40th, Wooten.

Those voting in the negative were Messrs.-

Atkinson, :Battle, Blalock, 'Brinson, Comas, Cook, 'Culver,

Dunwody, Geiger, Golightly, Hudson, Kilpatrick, Redwine, Shropshire,

Starr, Stewart of the 27th, Thomson, Van Buren, Walker of the 18th, Westmoreland.

ThOS not voting were Messrs.-

Allen, Carter, 'Flewellen, 'Gray,

Ham, McFarland, Sheffield, Stevens,

Ayes 12. N-ays 20.

Stewart of tlle 34th, Wilcox, Witcher, Mr. President.

The bill, not having received tJhe requisite constitutional majority, was lost.

774

JoURNAL OF THE SENATE.

J3y unarnimous o<msent, the fo11owing bill was taken up f~ rthe pua-pose of considering lJhe House action.

By Spooial Oommiltltee-

A bill iJo create a prison commission.

The Senate refused to accept House 'amendmemt to Senate amendment, and refused to recede f1-om its amendments.

By urnanimous consent, rthe following House bills were ii11de.nitely poSbploned= :N'os. 759, 639, 708, 745, 216, 714, and 140..

The fo.UOIWi'lltg House :bills weTe iiabled: No. 792, 233, 343, and 792.

The following bill was ta:k'11 from :the ta:ble with adverse rE"Jrort from committee:

By Mr. l\fansfield-

A re&olntion to deli,cr to the ordinary of :Mdntooh county om'IJain books.

The ;report of l!he oommi!Jtee was .agreed 'bo and resolution was l'OSt.

The foll!orwing resoolutioo was taken from tfue tru'ble, wi'th a-dverse repo~t from commilbbee:

By MT. Awtcy-

A resolUJtion tbo require 1Jhe State l\:fronorial BoaNl to in:., vesbigate the OOIIlfederatte gn-aves in this Strube, and Ito ap-propria'te money fur the same.

THURSDAY, DECEliiBER 16, 1897.

775

~Ir. T.umer m{)lved to disagree to :tJhe report o 11he oommilttee, wthic'h motion was loot.

~fr. Batltle moved to inlde:fin~tely pc>Stpone the resolutbion.
Upon ilhis mot~on MT. Turnoc -called :f.or the :ayes ood"
nays, and tlhe V'ote was as :follo<ws:

Those voting in the affirmative were Messrs.-

Atkinson, Comas,

Geiger,

:Mann.

Those voting in the negative were Messrs.-

Blalock, Brinson, Castleberry, Cook, Dunwody, Golightly, Gray, Ham,

Hopkins, Hudson, Kilpatrick, .i\IcFarland, Sheffield, Shropshire, Starr,

Stevens, Stewart of the 27th, Stewart of the 34th, Turner, Van Buren, Walker of the 40th, Wooten.

Those not voting were Messrs.-

Allen, Battle, Brooke, Catter, Culver, Everett,

Flewellen, Flynt, Goldin, Kemp, Redwine, Strother,

Thomson, Walker of the 18th, Westmoreland, Wilcox, Witcher, Mr. President.

Ayes 4. Nays 22.

The motion was lost.

Upon the passage of :the re90lnotion, this being an appropria:tri:on, the ayes and nays were ealled, and the vote was as . follows:

776

JOURNAL OF THE SENATE.

Those voting in the a.ffi.rmative were Messrs.-

Atkinson, Battle, Blalock, Brinson, Comas, Cook, Culver, Dunwody, Golightly, -Gray,

Ham, Hopkins, Hudson, Kilpatrick,
Mann, McFarland, Redwine, Sheffield, Shropshire,

Starr, Stevens, Stewart of the 27th, Stewart of the 34th, Turner, Van Buren, Walker of the 40th, Witcher, Wooten.

Those voting in the negative were 1fessrs.-

Castleberry,

Geiger.

Those llfOit vo-ting were Messrs.-

Allen, Brooke, Carter, Everett, Flewellen,

Flynt, Goldin, Kemp, Strother, Thomson,

Walker of the 18th, Westmoreland, wilcox, Mr. President.

AyES 28. N.ays 2.

The l!"esolu1Jion, h-aving received the requisite CO'lli'ltitutional majorrity, was passed.
The foUcming House 1bill was taken from the truble, with adverse repwt rom committee:

:By :Mr. Dodson-

A bill to reguhute ilhe defenses fu act.ions on policies of }ife insuraJDJCe.

Upon motion of l\fr. Battle, the bill was .ta'bled.

THURSDAY, DECEllfBER 16, 1897.

777

11Ir. Golightly moved to take the bill just tabled from tlw table and called for thre ayes and nays, and the vote was as follows:

Those V'dting in the affirmative were :Messrs.-

Blalock, Castleberry, "Culver, Everett,

Golightly, Hudson, Kemp,

Starr, Stewart of the 34th, Walker of the 40th.

Those voting in the negative were l\fessrs.-

Atkinson, Battle, Brinson, Comas, Cook, Dunwody, Geiger, GraJ,

Ham, Hopkins, Kilpatrick, McFarland, Redwine, Sheffield, Shropshire, Stevens,

Stewart of the 27th, Thomson, Van Buren, Walker of the 18th, Westmoreland, Witcher, Wooten.

Those not voting were Messrs.-

Allen, Brooke, Carter, Flewellen,

Flynt, Goldin, Mann, Strother,

Turner, Wilcox, Mr. President.

Ayes 10. Nays 23.

The motion was lost.

The follorwing message was received from the Hous~ through :ilfr. Hardin, the Clerk thel"'Of:

Mr. Presiden.t:

(!'.he House ih18S passed lthe following Senate bills, to wit:

A bill authoTizing State banks to issue and sell obligajjons, etc.

778

JOURNAL OF THE SENATE.

Also, a bill to incorporate insurance companies with powers to :i:nsure agail.nslt roiblbery.
!Also, a bill to regul:a:te 1Jhe fees 'OT ra'bt<Yrneys and receive'l"S~

The :BoUowing meSsage was received :frorm the House thTough :Mr. HM'din, lthe Clerk :thereof:
Mr. President:

The House htaS passed the following Senrute bills:
A bill to amend sootion 1030 oi tihe Code, volume 3, 1895.
Also, 18. bill to provide :for the exarrnin.altiiOn of priva'te hooks .<Yf this .State, ood cO'llpel the making of 9ba:temenlts as required by law, if i-ncorporruted banks.

Th-e oHowi'ng message owas received f1'0m tJhe Hou..<>,e through Mr. Jiaroin, 1the Clerk theroof:

Mr. President:

The House has concurred in the foUowting SenaJte l"ElSlr lution:

A resolutiool8.u.'!Jhorizing the Governor to loan '!Jhe Stare exhibit fu 'tlhe commititee for the Trans-lfississippi Exposition a't Omiaib.a.

The Speaker h~s appo.ill!ted the follorwing conference committees on the part of the Honse upon the following subject-matter, to wit:

On the Se.nate amendment, striking out the \Vest amend-

THURSDAY, DECEMBER 16, 1897.

779'

ment, \Yhich allows subletting- of convicts, 21fessrs. West and Reddirng.

Upon tJhe 8em'ate amendrrnen!t, shiking the FeldeT amendment, :Messrs. Boynton of Spalding, Boifenillet, and Felder.

upon the .Senate amendmeJ11t, ac!odiirng section 14, relative :to f3l'l11S rfor insane eonvic'ts, _Messrs. Aw!b:r,y, Fogarty, and Dodson.

Upon Senalte amen'dment pl'Oviding that ltlhe fund arising ftom hire of emwicts he seqne,;tered for penitentiar;y pUil'poses, 'MelSrs. Blalock, Suone, and Brennen.

'Dhe :6ol1mvirng Senate bill WaB rtaken up to oon'CUI' m House amendment:

A bill rto amend sed!Jian 1030 of V'ohrme 3 of the Code of 1895.
Senate corncurred m House amendment, whioh was as follows:
Amend iby adding aft-er tJhe words "judges Q the Superior" whe1eyer it. ocrm-s in the c-aption, and in sedion 1, the words "ci:t.y and counlty."
The foHowing message was received from the House thro11gh l\Ir. Hardi'Il, 1tlhe Clerk ilihereof:
Mr. President:
fl'h-e House has ooncuTred in the Sernrute amendment tothe follmving Senate bill, to wit:

'780

JOURNAL OF THE SENATE.

A bill 'to appropriwte $4,917.43 to reimJburse 1Jhe treasurer for moruey RJdvanced to pay the expenses of the investigating commititee olf 'tlhe etblaTges of official misoondu-ct o Judges Swoo and Reese.

Mr. President:

Y onr committee having under considera-tion the differences bemV'een 1Jhe Hoose an~ 1lhe Sena:te .as to tJhe amendments proposed tc section 16 o House bill No. 582, instruct me to reoptort their inability to agree with committee on the parrt 'Of \fue House as to aptp.rorpria:ting hire of oonvicts to perfecting a peml syStem.

PHILIP COOK, Chairman.

The SJlllate [nsis'ts on its annendrment, 'all!d asks oT an<Jthor conferen'Ce ooil'l!ll1i.ttee.
M1. Presidcnrt:
Y ourr conference co:mmi1Jtee, having 'had under oon.sideTation the diffel'ence lbeltween the House a:nd the Senate as to subleasing the convic.ts, agree to th'e amendment offered by the House that the convicts may be suble~sed with and by the oonsenlt o0f the prison oommi&rioo.
PHILIP COOK, Chairman.

Adopted DecernJber 61tlh, 1897.

I'he followli.ng messlage was received fr.om the House .through ~Irr. Ha1mn, the Clerk thereof:

THURSDAY, DECEllffiER 16, 1897.

781.

J1. President:

The House lhlas ~ppoint.ed the following conference commi.tuee on thaJt po:rtm'()ID. of 'tihe prison c.()lffim.ission bill disposing of the fundS .arisimg from the hire of cOIIlviC:ts:

The committee on the par.t of !1he House are ~Iessrs. Burwell) Swi:ift, and Bowden.

The follorwing message mlS received from rtJhe House through :Mr. Hardin, t:he Clerk thereof:

The House !lJ.ias passed Jthe f'Ollorwing resolution of tlb<e . Sena!te, to wit:
A resOlution ra:u:thorizing tJhe Atlanta, KnoXYille and :Y.ottheTn Ra!i:h\ay Company to acqui.re ee1'1tain righ:ts in 6lld to the use of the "\Vesltern and .AJI;}antic Railroad in -and near tlhe ci:ty of ~!arie'ttla, and for obhe<r pwrposes.

.Ll/1. Pre.rsidc~~;t:
The j'oin't conference committee appointed upon :tJhe Semat.e amendment in referenoce tf:io the Boynton and Felde!l' amendment.;; to the convict ibill, submitt.ecl the follo'\ving repoTot:
Thiat the Sen'ate amendmen:t. s!iand with the adoption of the following liangu!llge in lieu 'Of the Boynfu.n amendment:

Amend section 11 by add-ing after tfu.e wo'l.-d "convict,"in line six of tJ1e printed Senlalte bill, the follorwinp:: "Provided, tlhe convicts shall, as far as possible co~isteo:n't -wit:h the hcst interests of the S:tate, be so worked 'that the prodne'ts of thCiir l'aihor shall come the least in competition wit.h

'782

JoURNAL OF THE SENATE.

t"llat of free lwbor; prov~ided fur:ther, vha:t in no case shall convicts ibe worked i'll faJCltories wlhere women are employed."

Respectfully submitted.

HENRY F. DUN,VODY, Oh:aiT'lllan on part of Senarte Oonfere:n:ce Oommiutee.

JAS. S. BOYNTON, Chairman on p~rt 'O'f House rOolllfelJ.'ence Committee.

Adopted .

.1llr. President:

The joinlt confereruoo committee arppoinited upon the Sen.ate amend'll161Il.t tlo the House oonV'ic't bill inoorpOlJ.'ated in section 14 of the bill as sent to the House, make the following report, to wit:

That the Serra:oo il'ecede rom said :arrnendmoolt.

Respectfully submitted.
HENRY F. DUNWODY, Chairman Coorference Com!mittee on part of Senate.

Adopted. Tire fo.Um.ving !!'esolu:ti'on was r~d tand ad'Opted: By Mr. Starr-

A resolution thanking the S.ecrctary and Assistant SecH~trury of the !Seoote, and oltJher offi'Cers of the Seoote, for ihe f1a:ithfu,l dischlarge of their duties.


THURSDAY, DECEMBER 16, 1897.

783

By :Mr. Ba:ttle-

A resolu'tiion 1tlia::nJ.dng tJhe Ron. Rohar:t L. Berner :foT
.. the able, imparf::ilal and juSt 'llllli.Thller in whicth he has pre-
9ded over this 'body.

Read and adQ_})ted.

M1. President:
Y'Oln' joinJt confereri'liCe commi:t'tee have had under conside:r.a'tion 1tl:he difference bet\veen the SenaJte and House as .to the d<isposition of 1the -net oonv,j:e.t fund, and report that the House conJcura in tJhe Sen:a:te amendmerut, and recom: mends that the House recede from it.s amendment.

Respectfully submitted.
. PHILIP COOK,
IOh'a.irman on part of Sena;te,

Read and ado.pted.

M1. P1esident:

The j-ain't conference commil1Jt,ee have had u:nder considEration t:he difference !beltrween .lfue House oand Senate as to the disposition of the net conYict fnnd. The eommit.tee agrees to recede from its action, and concurs in the Hon~e amendment.

Hespootfnlly su:bmitted.

Adopted.

PHILIP COOK, Oh:rui.rma:n Senalte Co~nrmtittee.

784

JOURNAL OF TilE SENATE.

The fuU'owing mesSage was received from the Housethrough Mr. Hardin, 'the Clerk th.eroo:
Mr. President:
The House has ~appai.nted llfu.e fullmvti.ng c'OOlfetrence committee on tihe pwt of 'tihe House on tlhe dispos~tion of the convi'ct fun!d: iMessrs. Sl~ton, Mozley, and Timme'l"'llia.n.
:Mr. Brinson, Ohiairmlam. '0\: the Enrolling Committee, sub-mitted llhe fuHowring repo!llt:
Mr. President:
The Enrolling 000ll!ll1lutee i.hlave e:XIamined the f'Dllowing bills, and find them pratperly elllll'olled and ready fQlr t:Jhe sign:atures of 'tlhe Presi:denlt of :tJhe Sen1ate and Speaker of the House, to w~t:
-No. 140, 'to establish B01ard of Oom!r.nissioners for Roods and Revenues in Chattooga county.

No. 124, to estiaJbliSh a system ill free ooh'ools in Raocoon, Oha;ttooga county.

No. 110, ito arrnend seCJtion 1643, volulille 1, Code of 1895.

Xo. 159, Ito define the dutiies and fix the compensation of tr.e:=t.suTer of Richmond county.

X.o. 136, to amend charter of :the city of Thomasville,. Georgia.

No. 123, to incorporate the town of Trion, in Chattooga-_ rounty.

THURSDAY, DECEliiBER 1~, 1897.

785

No. 150, to repeal 't'he charlteJ. of Fali,burn, and enact a llew one.

No. 125, to incor'Pomte tlhe to'W'll of Summerville, Ohat-tooga counity.
No. 158, to inco11p0ralte the t:Own ot Rcidsville, Tatnall
-county.

No. 67, to <amend an aJct appl'Oved December 17th, 1894, 'to proYide for the registn,albion of votetrS in rtlhis State.
No. 126, ~o repeal an aict approved. Ftlbl'l.lary 20th, 1869,
to incorporate "Tiri:on."
No. 37, a re>soh~bi'on to 'alit.hariz;e 11!he StaJt.e Lib1'arian to .deliver to the United States Oourt certain volumes of Georgia Rep01'ts.

Respec!tfully submibt.ed.

BRINSON, Chairman.

:Mr. Brinson, Ohlaiirmlan of Oammittee 001 Enrolling, subnrut\ted the following rep001t:

Mr. President:

'l'he Commibtee on Ewolling 'hiave examined and found -<luly enrolled and ready i~ th.e signatures of :the Pr~dent .of the Sena,te and the Speaker of ilhe House 'Of R.epresentabives tJhe foUowing Mts of .tJhe Senate, to wit:
An act to require the Commissioner of Agriculture ~to <{)SJVablish depa11tunen:t of h'ortlliculit;ure, etc.
50s

786

JOURNAL OF THE SENATE.

An act to amend the school system in Fulton county,. outside of the city of Atlanta.

An 'a!cJt tjo make '8.ll sui1ts invtolving less than $100.00 in the city .df ct>-urt osf Ba.--dey, etc.

An aclt Ito cJh!flnge tt.he time otf holding l\fontgomery Supe- rior Court.

An act to prennt tramps and others from 5tealiug ride6 on trains.

A resolution to p1~vide for prepal'lalbi'Otl of h1aml-oook for ,V. & A. R. R.
A resoh~tion memorializing Oongress as to r.eofun:ding eoltton tax collected in 1865, 1866, ~nd 1867.

A. rSoluttion proYiding fm dloorke1]_)o.' for rea.r door in, messenger's room for ~venity-:fiye d:ays oof session.

Re~tfully su!bmitlted. ED\VARD L. BRINtSOX, Ohairman.

!fr. Brinwn, Ohaurnmn O!f .tlhe Em"'liJJi:ng Oommi'tlt-ee, su:bmi:tted 'the 'fooll'()lwing l'E"]_Jbr1: :
M-r_ Ptesident:
The Envoolli111g 100'lmni'titee thave examined and found duly enrolled and ready for the ::;ignatures of the President Qf 'the Senlaite and Sope~1ker of t.he House bhe f.ollo\,ing aocts, to wit.:
An wt 100 'aiillend sootion 1030 -of volume 3 of d1e Codeof 1895.

THURSDAY, DECDIBER 16, 1897.
Abo, an ac1t to require the Commissioner of Agriculture: to c:S'raiblish a speCJial depa'l1tmen't of h01rbicul'ture and pomoT- cgy, and for othei"pm'I)oses.
.Abo, an ac!t to exltellld ~he lin:Jts 'Of tlhe tow11 of Fm't Valley, in tG1e conn'ty 'Orf Houston.
Also, an ac't .to pl'OYide for the eX'amirua'tion of pri,na;te l,anks by tthe Srae bank exa1111iner.
~-\ lso, an act to rearrange the Stone ~flotmt!ain and C{)'Wita j udici'al circui t:s.
Abo, an ac:t to :a1111end ~.he ~c.t es~a!hlishiing and mainlt.ainmg a loc'al pt~bli'c sc.'h'ool sy~1tem in Fullt;on coun'ty, owtside of A,t]lanlta.
Also, an act to make the Eastern judicial circuit composed of Chafham cmmty, and cr('la!te a new one, to be ~n0\\'11 as the ..\tbnltic eircui't.
.Also, an a'0t to an'!1horize 'the S~te ba11ks now exi~ting umler the laws D1 tU1iis :Stialtc, 'Or wllricih ma: hereaf\ter be e~tabli~hed, 't'o issue Olhlig'..qlt.iom'> payable in silnr bullion. or merehlandise.
.Also, an act to incOl'p'oiaJte the town of Still1'llH'lTille, in the connlty of OJm,ttO'ag'a, and to est!aJblish a syiitem <Yf public schools in t'he same.
AlS'o, 1an .aclt to preven't ltramps or others f,I'om ste1aling rides on railroad 'tmins.
Also, an {ICit to inC'l'd<l&:: ~he rank of adjn1t.anlt-general m rhis S~ate.

788

JOURNAL OF THE SENATE.

Also, an act to incorpol'l"ate insurance companies with poweTS to illSUTe againSt I'Oibbery and burglary, and for otheo. purposes.

Also, an aclt Ito dha'llge tlhe tirme ~tf Jlolrung ~fon1tg.omery Superior Oourt, and bo provide {()II' two 1\Vooks 'tel1II1 of same.

Also, an adt to mla.:ke a:lQ suitt:s inwlving less .tlhian $100.00 in the city oouTt of Ba..dey, the ~a,_PI>e~aJran'Ce shall be the trial tern1.

Also, ~an IU!CJt bo reg11late t'he payment of fees to a'!Jtorneys and receivers in cases W'here petition fur injunctioo ih!as been filed.
Also, ran adt ibo !3llllend 'the cihariOOI' c4 ltihe city a. Bruns-
wick.

Also, :a.n oot to amend sectiton 1354 of volume 1 of the Oode of 1895.

Also, ~n :a.oot bo provide for bhe elootion of the judges :and solic~torsgenerallby ttfhe people.

Also, an ad to regulart:e de'Posits by Building and Loan Associans of securiti-es.
Also, tthe foll:owing resolrutions:
.A. re.3ohitii'On au!flhorizing the Altlanota, RnO>xville and Northern Rlaih,olad Oompany to 3/Cquire C~in mghits in and t.o the use '(){ bhe W. & A. R. R. near :the city o0f Mariebba.
Also, a 1esolubion to autihorize ltlhe Gov-eJ.'IllJO'l' to loan the Georgia SiJate ex'hi!bilt tJo ~GO>mmittee f.ryr the Tr.ans-liississippi Expotsiittion.

THURSDAY, DECK\IBER 16, 1897.

789

Also, a re.solultioo pTioviding for 'the prep\~u"atiorn o a han:d-<book fm the \Y. & A. Raih,oiad.

Also, ta resolwbi:on milllOria1izing Oongress to refund th~ cobton ta.." for the yea'l"S 1865, 1866, arnd 1867.

Also, a ;reso.J.ution to admit Edd~e Goddard in the D{lf and Dumib Institute at OaYe Spring.
Also, a resohi~tion providing for the P:tesiden1t otf tili.e Sen'rube, t!ihe Speaike!l or the Hbm;e, the Soore'bary of ltlhe Sernate, and Clerk or tlhe House to remain at tlhe capitol five days t:o finiSh up the blusiness.

Also, a 'J.esolution provlidilllg fo'l doorkeeper fror the rear of the messemger's 1oom in t.he Senat-e.

Respec,tfully su:bmittt.ed. ED\YARD L. BRINSON, Chairman.

The follo;wing message was re('eived from the House through ~Ir. Hardin, tihe Clmk there'Osf:

JJr. Prcsideut:
The House 11as acfopted the report of uhe rfollowing joint eomm.ittee, to wit:

They report that after duly comiclering the law, it is the !"ense of 'the 0ommittee th1at 'the late Treasm'Cr, Hon. R. U. Hardema.n, "~as enbitled to the fees 'Of l!::he Building and Loan Aseorcirutiorns, and 'thrut i:Jhey p'l.operly belong to him, and were not intended tJo be coneyed into dhe t!l'easnry.

790

JoURNAL OF THE SENATE.

The following me;;:sage was 1rec.eived from t.b.e Honse throng~1 ::\Ir. Hardin, tlhe Clerk thereof:

I am di~'OOtoo 'to inform 1t:he Senate th'alf:. Jt:Jhe House of Repre.;:entatin:-.s has fini,-,hed the bnsine:;;s of the session, and are lWW rC!ady '1:0 -adj'Omm w'ithout a day.

The ecmmllitttee appointed to n01tify the GoYernor tha:t the Senate is ready to adjourn are Se>Jta!tors Ba.t.tle, Gray, and Kilpa.tui.<>ik.

By ::\1-r. rurn11."-

Resolv'E:'cl, 11h~'t the sympat~1ies of t1H~ Sena:t.e be extended to Hon. J. TT'O'I.lp Taylor, t1Ie Journal clerk ot 1the Senate, and si'll'cerely lh'ope he ""~11 be restored to health.

Upon motion of ::\h. Ba"btle, the Sena:te adjomned 8ine !lie.

INDEX
TO THE
!SENATE JO.URNAL
FOR THE
YEAR 1897.

INDEX.

PART I.

SENATE BILLS.

Assembling of Senate............................... .
BANKS-
A Bill-To provide for examination of Private Banks 363 397 415-
To authorize any State bank to make, sell and deliver obligations payable in merchandise or silver bullion .......... .401 413 444 514 515
BUILDING AND LOAN ASSOCIATIONS-
A Bill-Regulating deposits of securities by building and Joan associations. . . . . ............. 146 191 213 284 735-

CIRCUITS-JUDICIAL-
A Bill-To make Chatham county the Eastern Judicial circuit, and create a new one ............. .488 504 543-
To re-arrange Stone Mountain and Coweta circuits ................................ 502 544 5n

COMMISSIONERS OF ROADS AND REVENUES-
A Bill-To create Board of Commissioners of Roads and Revenues for Chattooga county .... 352 374 421
To !?reate Board of Commissioners for R. and R. for Thomas county .................. 400 413 44:!.

COMMITTEES-

Committee-To notify Governor.. . . . . . . . . . . . . . . . . . . .

1-

'79-l

lXT.JEX.

:CODE-Amendments of-
A Bill-To amend section 1039, Vol. 3, Code of 1895. 5 149 174 241 487
To amend section 2681 of Code.............. 90 To amend sEction 863 Code of 1895. . 106 191 399 416
485 To amend section 2388 Code of 1895 ...... 108 149 464
To repeal section 1010 Code of 1895. . 115 139 342 517 To amend section 974 Code of 1895 ... 116 149 342 507 To amend sub-section 5 of section 3355 Code
of 1895 ................................. 135 149 291 To amend section 1030, Vol. 3, Code of 1895 ... 180 77') To amend section 1643, Vol. 1, Code of 1895. 183 233
283 To amend section 65, Vol. 3, Code of 1895. 187 234 285 To amend paragraph 2, of section 2804 Code
of 1893 ................................ 219 257 343 To amend section 2805, Code of 1895 ...... 220 257 343 To amend section 859, of Vol. 3, of the Code. 262 35:1 To amend section 858, Vol. 3, of the Code .... 2tit 353 To amend section 1354, Code of 1895 ...... 308 374 391 To amend section 341, Vol. 1, of Code of 1895. 373 414 To amend section 1017, Code of 1895 ......... 374 383 To amend section 2391 of Code ........... 513 543 621

<VONSTITUTION-Amendments of-

A Bill-As to election of Superior Court Judges and Solicitors-General .................. 92 300 355 616
To amend paragraph 2, section 2, article 7 139 169 176 To amend paragraph 1, section 3, relating to
Guarantee Companies ..................... 699 762
CONVICTS-State and County-

h Bill-To give misdemeanor convicts right to make contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 183
To prohibit working misdemeanor convicts for private gain. . . . . . . . . . . . . . . . . . . . . . . . . . . 362
<:CORPORAl'IONS-General-

A Bill-To provide for revival of corporations, etc.. 91 13J 141 382

DWEX.

795

<CORPORATIONS-Municipal-

A Bill-To amend, change and repeal section 4, char-

ter of Unadilla ........................... 4 101 173

To amend charter of town of Unadilla. 5 101 159 174

To amend charter of Unadilla, and for other

purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 101

To authorize cities to grant use of streets

to corporations............................

90

To incorporate town of Fairmount ..... :. . . . . 91 139

To authorize city authorities to regulate St.

Railway Companies . . . . . . . . . . . . . . . . . . . . . . 125 24J

To abolish charter of Lyons, Tatnall county,

and establish new charter .............. 135 191 213

To incorporate town of Summerville . . . . . . 241 258 385

To incorporate town of Trion ............ 241 258 389

To repeal an act to incorporate town of Sum-

merville ............................... 241 2:18 390

To repeal an act incorporating town of Trion 24'2 258

391

To amend charter of Thomasville .... 321 331 343 558

To amend charter of Brunswick . . . . . . 330 351 368 688

To repeal the charter of Fairburn, and create

new charter ........................... 383 421 442

To incorp>:lrate Reidsville ................ 434 460 47!!

To extend corporate limits of Fort Valley .459 544 570

'CORPORATIONS-Special-

A Bill-Requiring Guarantee, Surety and Fidelity Companies to make certain deposits with State Treasurer .................... 397 413 443 452

COUNTY OFFICERS-

A Bill-To prescribe time and place of filing bonds of county officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 640
To authorize county officers to appoint detectives for certain work ..................... 135 247
To limit compensation for county officers .... 270 414 To create Board of Tax Assessors for each
county in the State ........................ 363 402 To male women eligible to office of County
School Commissioner . . . . . . . . . . . . . . . . . . . . . 3!i'i 4H To define duties and fix compensation of
Treasurer of Richmond county ........ .435 4G1 473

796

I:SDEX.

COUNTY OFFICERS-Continu!'cl-
To require Ordinaries to name electi'On managers at voting precincts................... 481 544'
To allow certain officers to carry concealed weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484

COURTS-City and County-

A Bill-To abolish city court of Jackson county ... 91 125 151 To establish city court of Jefferson ........ 91 125 151 To establish city court for Douglas, Coffee county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 191 214 To abolish city court of Coffee county .... 126 191 214 To establish city court of Baxley. . . . . . . . . . . . 225. To provide for trial of' criminal cases in county couuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 419
COURTs-Justice-
A Bill-To require Justices of Peace, etc., to fix time of holding their courts ............. 419 480 502 543

COURTS-Superior-

A Bill-To change time of holding Superior Court of

Appling county .............. 90 139 180 233 286 458

To change time of holding Superior Court of

Burke county. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92

To change time of holding Superior Court of

Washington, Johnson, Tatnall, Bulloch,

Emanuel, Jefferson and .Screven .... 187 233 285 304

T1:l change time of holding Montgomery Supe-

rior Court .............................. 187 257 363

To regulate the practice in Superior Courts. . 30'9 495'

To require Judges of Superior Courts to write

out their charges to Juries................. 34'1

CRIMINAL LAWS-

A Bill-To punish hog stealing...................... 91 9! To define lewdness and prescribe punishment
for same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363. To fix penalty for females convicted of cap-
ital crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374 To make it unlawful to secure elections by
expending money, etc .......... 489 544 572 594 612;

INDEX.

797

DENTISTRY-
A Bill-To establish a Board of Dental Examiners. . . 91 177
ELECTION LAWS-
A Bill-For determining contests in elections for removal of county sites . . . . . . . . . . . . . . . . . . . . . 94 99 116
.FEES AND COST8-
A Bill-To regulate fees to Attorneys and Receivers in certain cases ................... .451 496 573 594
To req-uire Coffee county to pay certain costs 451 544 572
HUNTING AND FISHING-
A Bill-To prevent hunting where -stock law exists, and same is forbidden ........... :......... 90 102
INSURANCE-
A Bill-To create Board of Insurance Commissioners 155 To provide for incorporation of insurance companies ........................... 542 574 621

A Bill-To prohibit manufacture and sale of spirits 115 121 127 132
To regulate manufacture and sale of liquor. . 129 23S To prohibit sale of liquor in Terrell county 216 263
283
To regulate sale of liquors in Appling county 242 309 352 489
To allow proprietors of hotels in Salt Springs to furnish only to their guests, wine and spirits .................... .415 461 478 613 614 632
To establish Dispensary for Donaldsonville.. 425

LUNATIC ASYLUM-

A Bill-To amend acts of 1889, page 58, section 2, relating to Lunatic Asylum . . . . . . . . . . . . . . . . 90 3U 355

MESSAGES-Executive-

6 88 113 114 154 159 161

177 203 215 246 263 300 345 378 647 652

739

798

INDEX.

MESSAGES-House-

4 6 88 95 100 106 114 129'

134 141 153 186 201 211 219 223 231 237 254

266 280 298 313 327 333 365 379 404 431 439

445 476 462 467 5.66 574 596 660 665 668 670

738 750 764 771 777 778 779 781 784 789

MILITARY-

A Bill-To increase the rank of Adjutant-General. .. 262 34!

MISCELLANEOUS-

A Bill-To prohibit game of football ............. 101 240 247

To make wearing of badges unlawfully, a

misdemeanor ...................... 131 149 158 175

To prohibit shooting turkeys or chickens or

buying priyileges to do the same .. 131 245 344 354

,

381

To prohibit sale of cigarettes . . . . . . . . . . . . . . . . 150 480

To regulate sale of dynamite and other ex-

plosive substances ...................... 187 233 638

'l'o prohibit use of steam boilers not provided

with safety plugs ....................... 220 258 287

To prevent tramps from stealing rides on

railroad trains ........................ 309 574 594

To prohibit cutting trees in the water-c:mrses

of this State ............................ 363 443 639

To provide for analysis of all food offered for

sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36'l

To give voters right to propose certain

statutes .................................. 489 566

PENSIONS-

A Bill-To provide for exammmg pension rolls by Grand Jury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
To suspend payment of pensions to lunatics 488 504 542'

PRACTICl<~-

A Bill-To require claimants of real estate to file ab-

stract of titles, etc.........................

90

To permit defendants in suit for realty to set

off claims for improvements, etc. 91 104 131 133 180

To quiet title of perso: s claiming title by pre-

scription . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92.

I~DEX.

PRACTICE-('tmfi11 unl-

To quie-t titles in Camden county. . . . . . . . . . . .

99

To regulate granting reliefs. . . . . . . . . . . . . . . . . 108 14~

Regulating administration of relief where

such may be sought against a corporation f08 148

To make criminal pleadings amendable .. 116 149 342

508

To regulate publication of verdicts of Juries 135 246

638

To regulate trial of issues of fact before

Juries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 241)

To make all suits in City Court of Baxley, for

less than $100 subject to judgment the first

term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 400

RAILROADS-

A Bill-To make it unlawful for railroads to chatge more than two cents a mile ................ 545 5H

RAILROAD COMMISSION-

A Biii-To enlarge the powers of the Railroad Commission ............................ 92 188 351 361
To give authority to Railroad Commissioners to regulate charges of Telephone Companies 189 351

REGISTRATION-

A Bill-To provide new system of registrations .. 136 478 497 504
REPORTS OF-

C<Jmmittee on Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Committee on Engrossing ............. 99 119 154 181 189 1ll2

205 212 242 243 297 313 318 32~' 381

394 407 429 434 439 458 477 501 522

524 575 576 603 633 652 658 721 76~

Committee on General Judiciary ...... 107 109 117 143 156 209

221 251 289 332 360 405 471 490 499 534 535 628 710"

Committee on Special Judiciary ............. 112 160 228 22!)

239 254 264 288 303 350 395 420

439 418 510 523 633 658 667 712

Commiltee on Corporations . . . . . . . . . . . . . . 120 211 215 243 248

258 264 279 307 318 329 333 334 336 359 369

380 381 394 410 420 454 463 473 505 508 526 532 534 576 581 604 628 645 646 648 6go 71~-

~00

INDEX.

REPORTs-Continued-
Committee on Education ................ 121 253 269 281 360 411 423 501 530 615
Committee on Enrollment. ........... 153 237 238 328 471 47,1 509 532 666 711 784 785 786
Committee on Manufactories .......... 192 249 335 522 722 760 Committee on Banks ......... 182 257 410 506 525 615 620 674 Committee on Finance .... 185 280 302 536 587 671 697 713 722 Committee on Hygiene............................... 630 Committee on Railroads ........... 204 239 268 (W. & A. 470)
(N. E. 511) 569 647 69ii Committee on Pensions .............. 244 301 406 450 ffi 698 Committee on Lunatic Asylum .................... 250 366 499 Committee on Military ................ 250 341 537 558 706 782 Committee on Mines and Mining. . . . . . . . . . . . . . . . . . . . . 255 Committee on Appropriations. 278 335 509 587 625 671 67~ 724 Committee on Agriculture ........................ 279 397 698 committee on Temperance . . . . . . . . . . . . . . . 287 393 411 445 521 Committee on State of the Republic ............... 291 503 570 Committee on Public Roads ...................... 369 477 530 Committee on Academy for Blind .................... 427 52!l Committee on Privileges and Elections ........... 474 531 575 Committee on Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 500 Committee on Steering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 Committee on Public Property... . . . . . . . . . . . . . . . . . . . . 502 .Committee to Visit Georgia Normal College at Mil-
ledgeville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 'Committee on Penitentiary ....................... 627 691 780 Committee on Deaf and Dumb...................... 601) Special Committee to Investigate Hardeman Case .... 725 754
-sTATE SCHOOL COMMISSIONER-
A Bill-To authorize State School Commissioner to grant certain licenses...................... 92 94
'TA.."'C OFFICERS AND TAX LAWs-
A Bill-To provide for making tax returns for all improved real estate and money invested in Life Insurance. . . .. . . . . . . . . . . . . . . . . . . . . . . . . 136
To require Grand Juries to examine tax returns ..................................... 373 402
To provide for corr~ct return of taxable property . . ........................ 451 503 542 595 634

INDEX.

801

UNIVERSITIES, SCHOOLS AND COLLEGES-
A Bill-To establish a system of public schools in Fulton county .......................... 240 213 323
To establish free schools in town of Raccoon 242 258 390
To reorganize Board of Trustees of State University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
To authorize Boards of Education to provide books for use of schools. . . . . . . . . . . . . . . . . . . 402 616
5ls

INDEX.

PART Il.

RESOLUTIONS OF SENATE.

Resolution-That Secretary inform. the House that

S&J.ate ihas reoonven:ed.............

4

To wait on the Governor. . . . . . . . . . . . . .

4

Inviting Mrs. Myrick to a sea( in the

Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

To appoint committee to visit and re-

port in regard to State Normal

School at Athens ................... 96 99

Inviting Misses Lee, Miss Slater and

Mr. McGee to privileges of floor. . . . .

99

That privileges of floor be extended to

Hon. G. A. Nunnally... . . . . . . . . . . . . . 104

That privileges of floor be extended

Hon. T. D. Rockwell and Wm. Alpu-

son and Josiah Fletcher............ 106

That Dr. W. A. Candler be requested to

address General Assembly. . . . . . . . . . 125

Inviting Dr. G. A. Nunnally to address

General Assembly. . . . . . . . . . . . . . . . . . 129

Extending privileges of floor to Mr.

Geo. W. Parish, of Savannah....... 140

Extending privileges of floor to Mr.

F. G. McFarland... . . . . . . . . . . . . . . . . 150

Extending privileges of floor to Hon.

T. R. Jones........................ 150

Authorizing State Librarian to deliver

certain books to U. S. Judge!'l... 155 233 286

Extending privileges of floor to Mr.

A. A. Lawrence.................... 174

INDEX.

803

RESOLUTIONS OF SENATE-Continued--
Extending privileges of floor to Mr. Jas. Swann......................... 183
Extending privileges of floor to Dr. M. A. Laine. . . . . . . . . . . . . . . . . . . . . . . . 183
Extending privileges of floor to Mr. M. J. Horton....................... 185
Appointing members to look into tax laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Extending privileges of floor to Mr. A. T. Hackett. . . . . . . . . . . . . . . . . . . . . . 199
Requesting House to return certain bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20ti
Inviting Mr. T. H. Atkinson to a seat on the floor. . . . . . . . . . . . . . . . . . . . . . . . . 208
Inviting Hon. Wm. M. Tumlin to a seat on floor ...... .'. . . . . . . . . . . . . . . . 213
Inviting Trustees of University to ad~ dress General Assembly. . . . . . . . . . . . 220 221
Extending privileges of floor to J. H. Henry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
Extending privileges of floor to Mr. W. A. Shackelford . . . . . . . . :. .. . . .. .. 223
Extending privileges of floor to Hon. W. E. Laird, Judge T. L. Holton and Hon. C. C. Goodnow. . . . . . . . . . . . . . . 223
Authorizing President of Senate to appoint six pages.................... 261
Extending privileges of floor to Hon. G. H. Holton. . . . . . . . . . . . . . . . . . . . . . . 273
Inviting Hon. H. R. Harris and Hon. Ben. C. Rawlins to a seat on the floor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
Authorizing Messenger to appoint Doorkeeper ........................ 308
Memorializing Congress as to refunding cotton tax. . . . . . . . . . . . . . . . . . . . . . 315
Extending privileges of floor to ExSenator W. H. Lumpkin............ 349
Tendering a seat in the Senate to Hon. W. L. Palmer. . . . . . . . . . . . . . . . . . . . . . 364
Authorizing Atlanta, Knoxville and Northern Railway Co. to acquire use of W. ~A. R. R. near Marietta.. 397 461 47~

804

INDEX.

RESOLUTIONS OF SENATE-Continued-

Tendering a seat in the Senate to Hon.

W. E. Mann. . . . . . . . . . . . . . . . . . . . . . . .

40~

Inviting Hon. T. E. Watson to address

General Assembly..................

422

Appointing Steering Committee.......

450.

Transmitting all bills and resolutions

to the House.......................

454

Providing that convicts be turned over

to Senator Wilcox, and by him car-

ried to Cuba . . . . . . . . . . . . . . . . . . . . . . . 466 480

Providing that no more leaves of ab-

sence be granted ................... 48"9 498-

Extending thanks to Hon. A. DuPont 493:

Providing that Senate consider no bills

unfavorably reported.. . . . . . . . . . . . . . 499

Inviting Hon. W. J. Martin to a seat

in Senate. . . . . . . . . . . . . . . . . . . . . . . . . . . 50S.

Providing for bringing up unfinished

business . . . . . . . . . . . . . . . . . . . . 513 5"44 571 731

That section 10, article 1, of National

Constitution should be amended.. . .

542

Striking Dec. 12 from 50 days' session

Extending privileges of floor to Mr.

I. W. McCalla, Hon. A. H. Smith and

Hon. J. W. Robertson...............

603:

Authorizing Secretary of Senate to

employ five porters for present ses-

sion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641l

Extending privileges of floor to Mrs.

Whitney and Miss Reid. . . . . . . . . . . . .

66&

Inviting Hon. C. R. Woolsey to a seat

in Senate. . . . . . . . . . . . . . . . . . . . . . . . . . .

670

Providing for preparation of Hand-

book of W. & A. R. R.. . . . . . . . . . . . . .

688:

Authorizing Governor to borrow

money if necessary. . . . . . . . . . . . . . . . . 702 760

To admit Eddie Goddard to Deaf and

Dumb Institute..................... 732

Extending privileges of floor to Capt.

P. T. Haskell... . . . . . . . . . . . . . . . . . . . .

761

To obtain portrait of Hon. R. L. Ber-

ner ............... ,1 . r,: . . . . . . . . . . . .

758-

INDEX.

805

RESOLUTIONS OF SENATE-Oontinu~
Thanking Secretary and Assistant Secretary of Senate and other officers for faithful discharge of their duty. 782
Thanking Hon. Robt. L. Berner....... 783 That sympathies of Senate be extended
Hon. J. Troup Taylor, Journal Clerk of Senate, and sincerely hope he will be restored to health.............. 790

INDEX.
PART III.
HOUSE BILLS.
APPROPRfATIONS-
A Bill-To grant pensions to certain soldiers ailld widows ................................ 102 316 375
To appropriate $1,000 for maps .............. 188 346. To appropri!lite money to build boiler house at
Georgia School for Deaf.............. 320 556 720> To make appropriation for pensio.ns to indi-
gent soldiers for 1898 .................. 339 557 747 .To make appropriatiO'Il for expenses of extra
session of legislature .................. .435 55? 717 To make appropriation to sCiho:>l book com-
mission ................................ 437 557 731 To make appropriatiiOn for expenses of in-
vestigatiO'Il of Judges Reese and Swealt 437 554 707 To make appropriation to 'build fire walls at
Lunatic Asylum ....................... 438 557 744 To make appropriation flor Textile department
of T-echnological School. ............... 577 605 74:l
BANKS-
A Bill-To amend charter of Germania Loan & Banking Co. in Atlanta. ..................... 493 5~6 62&
BONDS-
To provide for validating bonds under par's 1 and 2, sec. 7, art. 7........ ~ ..................136 196 215

INDEX.

807

CIRCUITS-Judicial-

A Bill-To cha.nge name of Coweta circuit to Carrollton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546 641

CODE-Amendments of-

A Bill-To amernd sec. 1110 code of 1895. . . . . . . . . . . . . . 96 198

To amend an act to amend sec. 4446 oode of

1895 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 196 217

To amend sec. 1066 code of 1895. . . . . . . . . . . . .

97

To amend sec. 3462 code of 1882. . . . . . . . . . . 101

To amend section 4118, Code of 1895 .... 102 195 218

To amend section 981 of the Code .......... 102 198

To amend section 1047, Code of 1895. . . . . . . . . 136 196

218 762

To amend section 420, Code of 1895 .... 137 207 247

To amend section 3704, of the Code ........ 147 19&

To amend section 1703, Code of 1882 ..-.... 147 641 767

To amend section 3623, Code of 1882 ..... 147 196 736

To amend sectiorn 4641, Code of 1895 .... 147 196 760

To amend section 655, Cbde of 1895.......... 206

To amend section 428, volume 3, Code of 1895

206 260 441

To amend section 657 of the Code .... 207 260 292 295

To amend section 413, Code of 1895 .... .. 227 317 548

To amernd section 815, of the Code ........ 227 261 440

To amend section 982, of the Code ...... 244 261 559

Tb amend section 1389, volume 1, of the Code 263

To amend section 4685, Code of 1895 ..... 282 376 715

To amend seCition 1642, Code of 1895 ..... 310 416 440

To amend section 1030, COde of 1895. . . . . . . 321

Tto amend section 1582, volume 1, of the Code 384

To amend section 221, V'01!ume 3, Code of 1895

376 419 705

To lllmend section 1912, volume 2, Code of 1895 412

To aJDlend section 2191, Code of 1895. . . . . . . . . 412

To amend section 2350, Code of 1895 ... .436 495 623

To amend section 583, o.f the Oode ....... 493 714

To amend sectiiOOJ. 5057, Code of 1895 .... 493 553 624

Tb amend section 580, volume 1, Code of 1895 551 699

768

To repeal paragraphs 3 and 4 of section 2801,

Code of 1895. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651 699'

To amernd section 1844, Code of 1895 ..... 670 689 729

To amend section 2417, Code of 1895........ 73()

808

INDEX.

COMMISSIONERs-

A Bill-To pay salary to county S<!lhool commission-

ers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .

102

To provide for electiorn of clerks by county

commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

To authoriz~ commissioners of R. and R. of

Elbert county to boiT'Ow money ....... 188 316 37<1

TO create board of commissioners of R. and R.

for Montgomery county .............. 226 351 624

To abolish board of oommissioners of R. and

R. for Miller county ................... 331 317 549

To '!''quire commissio.ners of R. and R. for

Hancock CIOunty to pay insolvent costs. . . 412 555

To create commissioners for R. and R. for

Washington county.... . . . . . . . . . . .. . . . 413 460 560

To create commissioners for R. and R. in

Floyd county . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 320 417

To create board of commissioners of R. and

R. etc., for Monroe counrty .......... 421 459 563 636

To create commissioners of R. and R. for

Taylor county ........................ .438 555 586

To C'l"eate board of oommissi<>n'Ellrs of R. and

R. for Clarke county ................. .453 554 591

To repeal an act establishing board Of com-

missio-ners for Habersham county ..... .454 552 590

To amend section 3 of county commission-

ers act of Twiggs county .............. 454 495 560

To fix salary of commissiO'Ilers of R. and R.

for Irwin county. . . . . . . . . . . . . . . . . . . . . . . . . . 460 551

To extend jurisdiction of commissioners of

<r.natbarn county ...................... 456 495 582

To autlhorize commissioners of R. and R. fo'l"

Glynn oounrty to levy ta-x ............ 463 554 591

To create commissioners of R. and R. fo'l"

Marion oounty. . . . . . . . . . . . . . . . . . . . . . . . 492 556 592

To create commissioners of R. and R. for

Schley county . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565

To authorize county commissioners to pro-

vide court rooms for justices of pea.ce 600 649 714

To increase number of commissioners fo'l"

Greene county .. . .. . .. . . . .. .. . . . .. .. . 601 649 77(}

C:

INDEX.

809

<JOMMISSIONER OF AGRICULTURE-

A Bill--Requiring commissioner of agriculture to establish department of horticulture and pomology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700

.CONVICTS-

A Bill-To proving fact of oon:fi:nement in penitentiary or chaingang. . .. . .. .. . . . . . . . . . . . .. 97 419

<CORPORATIONs-Municipal-

A Bill-To repeal an act to amend bhe charter of Hawkinsville ...................... 137 138 196 259
~ incorp~te PepperUY.n ................147 259 274 To amend the act incorpora.ting Douglas, Cof-
fee oounty ............................ 148 258 276 To extend oorporate limits of Douglasville 148 207
274 To incorporate Mountville . . . . . . . . . . . . . . 148 260 273 ~ change name from town to City of Law-
renceville . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 233 274 To extend oorpol'lllte limits of East Rome 206 259 276 To amend charter of Homer .............. 207 259 324 To repeal charter and enact a new one fur
Grantville .. .. . .. . .. . .. .. . . .. .. . .. . .. .. 226 316 398 To amend c.harter of WaSihington ........ 226 261 275 To amend charter of Buchanan .......... 227 260 275 To 'incorporate Thomaston ................ 227 265 305 To repeal an act incorporating Thomastoo 230 265 275 To incorporate Ocilla ................... 231 265 276 To amend charter of Rockmart ....... 232 396 417 563 To amend charter of Guyton ............. 244 262 559 To amend charter of Atlanlta.... 271 315 408 690 732 ~ incorporate Donaldsonville ............. 271 371 To amend an act incorporating Newton ... 271 417 549 To amend an act inoorporati.ng Woodstock 271 346
402 To amend an act inc~rating Gainesville .. 282 372 To inoorporate Culloden. . . . . . . . . . . . . . . . . 282 347 563 To amend Clharter of Bla!l.r!Wille ...........309 372 561 To amend charter of Waycross ........... 282 371 622 TO amend charter of Statesboro..... 310 416 464 553
610 623

810

INDEX,

CORPORATIONS-Municipal-Cout in ucd-

To amend charter of Demorest ...... 310 372 625 626

To repeal chai'ter of Clarkesville and create

new one ............. : . ....... 310 396 416 458 61(}

To amend charter o.f" Whigham ........... 311 371 426

To incorporate Toccoa . . . . . . . . . . . . . . . . . . 319 371 610

To amend charter of Powder Springs .... 338 370 423

To amood charter of Smyrna ............. 338 371 422

To amend charter of Meigs .............. 338 371 561

To amend charter of Rome ............... 190 259 295

To creMe board of water cmrum'issioners fur

Savannroh ................................. 146 340

To crewte board of police commissioners for

Savannah . . . . . . . . . . . . . . . . . . . . . . . . 146 341 436 704

To create board of tax assessors for Savan-

nah ....................................... 146 341

To cr-eate board of fire commissioners for Sa-

vannah ................................... 147 341

Empowering CHy of Ellijay to create a debt 191 260

292

To authorize mayor and council of LaGrange

to build water works, etc ............. 206 259 273

To awbhorize council o.f Cusseta to create a

debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 260 293

To provide'tax a;ssessors for Hawkinsville 230 317

376 403

To authorize Waycross to issue bonds .. 231 316 339

To create commissioner of public works for

Savannah .............................. 270 351 364

To au<tihorize Cornelia to issue bonds ...... 310 417 591

To authorize mayor and council of Hawkins-

ville to issue bonds to build waterworks

and electric lights . . . . . . . . . . . . . . . . . . . . . . . .

322.

To authorize mayor and council of Hawkins-

ville to call an election for issuing bonds. 323

To authorize Tlhomaston to issue bonds 338 427 562

To allow Lincolnton to levy tax ......... 272 308 324

To repeal section 8, Charter of Je;;up .... 436 459 549

To incorpo-rate St. Marks......_.......... 436 460 564

To amend charte'f of Woodbury ........ , .436 466 561

To amend charter of Cusseta ...........437 459 562

TO change corporate limits of Oakland City 438 554

592'

To authorize mayor and council of Perry to

issue born.ds . . . . . . . . . . . . . . . . . . . . . . . . . . 438 460 590->

INDEX.

811!

CORPORATIONS-Municipal-C'ontit~ued-

To authorize establishment of waterworks in Waycross . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 553 665
To amend charter of Macon ............ .456 553 579 To re-incorporate Winder. . . . . . . . . . . . . . . . . . . 45&To amend charter of LaFayette .......... 491 553 581 To amend charter of Fitzgerald . . . . . . . . .491 546 578 To amend charter of Columbus .......... .492 552 61()To amend CJbarter of Griffin. . . . . . . . . . . . . . . . 492 558 To amend charter of Clayton . . . . . . . . . . . .492 558 612 To incorpomte Birming'ham. . . . . . . . . . . . . . . . . 492 552 To amend charter of Tifton ........... .493 558 626 To amend oharter of Sunnyside .......... 601 649 719 Tb authorize City of Augusta to extend Cum-
mings street. . . . . . . . .. . . .. .. . . . . . . . .. . . . . . . 602 652 To establish new char:ter for Abbeville. . . . . . 630 To amend chaflter of Lake Park. . . . . . . . . . . . . 689 732'

CORPORATIONS-Special-

A Bill-To regulate benefits of debenture benefit

companies .. . . .. .. . . .. .. . .. . .91 192 200 293

To grant certain powers to CO'l"l)IOlra)tions or

individuals generating electricity by water 138 205

216 399

To incorporate Cartecay and Ellijay rele-

phone Compa.ny . . . . . . . . . . . . . . . . . . . . . . . . . . 309 371

To regulate business of fraternal beneficiary

orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

418

To release and grant Columbus Power Com-

pany certain privileges . . . . . . . . . . . . . . . . .435 554 623'

To protect electric compa'Ilies............. 651 699 727

COUNTY OFFICERS-

A Bill-To fix fees of oonstables............. : .102 198 591 To crea,te seal for county board of educa-
tion .. . . . .. . . . .. . . . . .. . . . .. . .. .. : 102 195 219 'l'o pro<vide for ordinary pro hac vice, etc. . . . . 105 196
219 55(} Pay of jurors ......................... :.105 196 427 To authorize county officers to oondemn lands
(or road purposes ........ , ........... :.244 371 401
or To provide oompen~Pation !or ordinary Bul-
loch county ..................... ., .. 310 417 586

:812

INDEX.

,COUNTY OFFICERS-Continued-
To provide compeusaJtion for ordinary of Twiggs county ........................ .457 555 589
To repeal an act prothibiting the same person from hoiding more than one office in ChaJtham county . . . . . . . . . . . . . . . . . . . . . . . . . 602 704

COURTS-

A Bill-Requiring judges of city and county courts to read tlheir charges to juries. . . . . . . . . . . . . . . . 101
To require accusations in counlty courts to be signed by solicitor . . . . . . . . . . . . . . . . . . . . . . . 105 420
To make Hancock county oourt a court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 195
To authorize judges of superio,r a:nd city courts to issue attachmenlts witllmut bond ....... 137 420
To abolish city court of Lowndes ........ 190 259 330 To establish city court in Valdoota ........ 188 261 291 To esltavlish city court in Monroe, Walton
county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 To repeal Walton county court . . . . . . . . . . . . 198 To abolish county court of Calhoun county 207 232
322 To establish city court of Forsythe .......... 226 315 To abolish city court of Monroe county .. 227 418 664 To establish city court of Waycross ...... 231 346 424 To repeal county court of Ware county .. 232 316 466 To abolish city court of Gwinnett county 262 317
562 585 To establish city court of Clarkesville and
Toccoa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 337 To amend act creating city court of Macon 435 460
561 To amend county court laws of Taylor county 436 554
586 To repeal an act; abOliSJhing Clinch county
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452 555 589 To abolish Dougl:!erty county court ......... 452 496 To cha.nge time of holding Pike superier
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453 496 590 To abolish city court of Carroll county. . 453 495 609 To exchange time of !holding fall term of Col-
quitt sup~or court .................... 454 496 589

INDEX.

813-'

COURTB-Continued-
To amend an act establishing Dougherty and Lee county court .............. .455 496 585 627-
To enlarge jurisdiction of Savannah city court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456 496 580-
To abolish city court of Spalding county .. 457 583 585 To change time of holding superioo- courts of
Charlton and Clinch counties............ 457 626 To establish city court in city of Carrollton 464 497
578 609 To p-rescribe manner of electin.g clerk of city
oourt of Savannah ......................... 493 704 To establish city court in Griffin ..... 494 555 579 60!1 To e&tablis-h city court in Albany ........... 553 580 To esta:bliSih city court in Camilla ........ 554 582 584 To a;bolish city oourt of DeKalb county..... 599 To change time of holding Terl'ell superior
court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 657 714.

CRIMINAL LAWS-

A Bill-To prohibit arresting ofHcers from compromising with criminals .................. 138 196 228:
To make it criminal to set fire to grass or wopds on land of another................. 602 658
To pro!hibit destructiOIII. of property by explosive substances ............. , ......... 669 716 738
To make it unlawful to discharge fire arms on excursion tmins .....................320 375 703':

FEES AND COSTS-

A Bill-To regulate distribution of funds from fines in Wilkes county ......................... 270 308 331
To provide for insolvent costs of S'Orlicitors- 271 308 325 To repeal an act requiring Dougherty county
to pay costs . . . . . . . . . . . . . . . . . . . . . . . 453.. To provide payment of mileage for bailiffs
and jul'OO'S of Charlton oounty ......... 455 495 627 To regulate fees o.f constables for taking
prisoners to jail. ....................... 188 259 611 To authorize payment of certain criminal in-
solvenlt costs by commissioners of R. and R. 645 Regulating notaries public protest fees...... 726:

:814

INDEX.

FERTILIZERS-

A Bill-To regulate sale of commercial fertilizers 97 418 715 To 00111soHdate laws goveTD1ng sale of fertilizers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 416 To amend an act governing sale of chemical fertilizers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418 To prescribe three grades of fertilizers .... 669 700 761

FISH AND GAME LAW8-

A Bill-To regulaJte hunting of o'possums ......... 97 195 218 To protect fish in waters of Bibb county .. 190 233 322 To protect fish in streams of Lee........ .451 553 585 To regulate fishing in Tallulah river.... 456 555 592 To protect g-ame in tlhis StaJte. . . . . . . . . . . . . . . 494 703

GEOLOGIST-state-

A Bill-Referring to State Geologist................. 718

INSURANCEA Bill-To require life insurance companies on assessment plan to print it on their plOlicies ..... 600 657 720 723

.'!LIQUOR LAWs-

A Bill-To prohibit manufacture of liquor in Harris county .......................... 137 317 339
To prolb.!ibit manufacture of 'liquor in Elbert county .................................... 189 317
To prohibit sale of liquor in Franklin county 189 2:l2 292
To esta.blislh dispensary in Morgan, Calhoun
county .............................. 272 315 403 To amend liquor law in BuUocb couruty .. 319 417 585 To establish a dispensary in :Blakely .. 31~ 416 551 567 To prohibit manufacture of liquor in Hart
county . . . . . .. .. .. . . . . . . . . . . . . . . . . . . 373 To prohibit n:ianu:fu:ctU:r>e of liquor in Meri-
wether coun1.y ....................... 270 315 331 To regulate sa.1e of liquor in TWtna.ll county. . 601

INDEX.

815

LUNATIC ASYLUM-
A Bill-To allow women physicians to stamd competitive examination to be admitted as physicians in lunaJtic asylum ................. 190 260 398
To change name of lunatic asylum ....... 492 556 702
MILITARY-

A Bill-To provide for complete roster of Georgia confederate troops ........................ 138 261 428
To exempt from jury duty, certain members of Macon Light Infantry. . . . . . . . . . . . . . . . . . 601 657

:MISCELLANEOUS-
A Bill-To make half of each SaJturday legal 'holiday 101 To prohibit game of football .............. 147 196 232 To declare June 3 legal holiday .......... 244 316 560 To prolhibit sale of seed cotton in Jones county within certain dates ................ 245 308 324 To protect bicycle ways in Wilkes clounty. 282 396 417 To require packages co)ltaining mixed flour, to be so- labeled ................... 283 556 741 769 To grant United StaJtes rig:ht to construct public hig'hway in Oatnosa county .. 319 396 417 550. To promote efficiency of Hbr<aries ........ 320 376 548 To require State memorial b'oard to iJ:tv&-igate condition of confederate cemeteries 437 556 774 To proihibit buftChering in Liberty county under cert;a:in circumstances ............ 438 553 589 To permit State as owner of Northesatern railroad to be sued. . . . . . . . . . . . . . . . . . . . . . . . 600 719 To creaJte State memJOrial bo~JJrd .......... 601 657 718 To authorize blind confedemte soldiers to peddle without license........................ 649 715 To regulate sale of prison-made goods ....... 669 723 To authorize and e'llforce vaccination ..... 670 700 763
1'ENIT'ENTIARY-
A Bill-To create a priron commission ... 520 567 656 677 774
PRACTICE-
A Bill-To provide for notice ro glllrniSihee wfuen an-
swers ihave been traversed ............... 96 444 735

816

INDEX.

PRACTICE-Colttinued-
To make Stafford's office calendar legaJ. evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 195 21S:
To more speedily determine habeas corpus cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 195 228
'.Do provide for lien of judgments. . . . . . . . . . . 136 198 To requ:ire defenses to <a.Otion on life insur-
ance policies ........................ . . 377 418 776 To provide for admission to the bar .. 383 496 624 630 To authorize judicial sale of franchises of in~
solvent oorporatiOIIls . . . . . . . . . . . . . . . . . . 435 496 623 To require all promissory notes for patent
rights to express force tJherel>f ........... 670 739 To define incompetency of witnesses. . . . . . . 699 763
. Providing for liens In favor of contractors, etc ......................................... 739 7611'-
RAILROADS-

A Bill-To amend charter Olf Cartersville and Gaines-
ville Air-Line R. R. Co ............... 319 578 703'
Aut:hori21ing G<>vernor to sell. Northeastern
Railroad . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 699 733'

REGISTRATION LAW8--

A Bill-To amemd registration laws................. 101 To provide new system of registrwtion. . . . . 320

ROAD LAW8--

A Bill-TO prohibit trespassing on public roads ..... 105 198" To prolb.iblt injury to macadamized roads .. 105 196 73o To provide for working public I'OIW.s of Bryan county ................................. 437 555 590

TAXE8--

A Bill-To provi'Cle for taxing money investe'Cl in-life

policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3z.i!.

To provide for commutation tax in lieu or

road wo:rk in Clayton ..................337 376 401

To provide for bette>r regulation of tax cbllect-

ing for Lee county. . .. . . . . . .. . . . . .. .. . . .. . . 45&

INDEX.

817

IY

'IREASURY-

A Bill-To authorize State treasurer to pay teachers 148 316 440

UNIVERSITY SCHOOLS AND COLLEGES-

A Bill-To authorize trustees of Perry to sell school property ............................... 206 260 325
To maintain system o.f public schools in Putnam county . . . . . . . . . . . . . . . . . . . . . . . . . . 262 427 464
To amend an act establishing public schools in Da'hlonega .......................... 271 317 339
To establish public schools in Culloden .. 282 376 426 To amend public school act of Rome ........ 311 556 To provide for public schools in McRae .. 338 416 559 To establish system of public SCihools in Aus-
tell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456 552 592 To authorize county board of education to
provide books . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577 646 To amend public school act of Oxford ...... 602 657 To amend public oohool act of Lumpkin ..... 603 657

INDEX.
PART IV.
RESOLUTIONS OF HOUSE.
Thanking W. & A. R. R. Pullman Sleeping Car Co., and Exposition Co., and Maj. McCann. . . . . . . . . . . . . . 1G>
Inviting Chancellor Boggs to address General Assembly. . . . . . . . . . . . . . . . . . 139 141~
Appointing committee to ascertain status of Supreme Court Reports. . . 13:1
Extending privileges to Mr. G. W. M. Tatum . . . . . . . . . . . . . . . . . . . . . . . . 139
Instructing State Librarian to deliver to Miss Stiles last order of Confederate Government . . . . . . . . . . . . . . . . . . 140
Providing that U. S. Senators be elected by the people ............ 145 197 72G
To appoint a Doorkeeper for north side of hall. . . . . . . . . . . . . . . . . . . . . . . . . 14::>
To refund money to G. W. Chamblee .. 145 197 31:
Appropriating $800 to publish Ga. Reports ....................... 145 347 391 749
Appointing committee to visit Ga. Normal School at Athens ........... 145 272
Inviting Hon. J. L. M. Curry to address General Assembly............ I4B 272
To procure portrait of Hon. Chas. F. Crisp ....................... 197 347 709 771
Providing for communicating with other Legislatures concerning unmarked Confederate graves ......... 2ll7 216

INDEX.

819

RESOLUTIONS OF HOUSE-Continued-

To subscribe for and purchase copies

of a book of Georgia Forms and

Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 283

Appointing committee to report best Banking system ......... 158 199 201 261 323

Tendering State Capitol to Confeder-

ate Veterans' ASISociation ..... 337 354 364 Inviting Ron. L. F. Garrard to address

General Assembly .................. 338 368 Providing committee to visit and in-

spect Northeastern R. R............

373

Appointing. committee to investigate

righrt of late Ron. R. U. Hardeman to certain fees..................... 384

For relief of Nick King ............ 399 460 562

Instructing State Librarian to furnish certain books to Ordinary of Mc-

Intosh ............................. 412 774

Authorizing Governor to draw warrant

in favor of W. H. Thomas ....... 438 552 755

To refund taxes to D. B. Leonard .. 457 557 761

Appointing committee of citizens to

secure exhibit of State products for

Trans-Mississippi and International Exposition ..................... 457 554 631

To make appropriation for Peniten-

tiary Committee . . . . . . . . . . . . . . . . .494 557 653 Memorializing Congress to enact a law

for free coinage of silver . . . . . . . . . . . 494 639

To appropriate pay for elevator boy. 495 552

676 To appropriate pay for special com-

mittee of 5...................... 546 606 746 To pay salary of Commissioner of Pen-

sions . . . . . . . . . . . . . . . . . . . . . . . . . . . 546 606 758 To pay David Heard (porter) ...... 547 606 675 To pay per diem of Hons. J. H. Polhill

and Jas. Stapleton ............... 547 578 712

To appropriate $2,000 to pay deficit in

Tennessee exhibit. .............. 547 605 715 To make appropriation for expert ac-
countant ................... 547 606 759 76.~

820

INDEX.

RESOLUTIONS OF HOUSE-Continued-

To appropriate money to repair State

Capitol .......................... 547 605 751

To provide for Assistant Doorkeeper

in House ........................ 547 605 708

Appropriation for completion of water-

main at Lunatic Asylum ......... 548 606 752

To appropriate money for Joint Com-

mittee to confer with President of

University . . . . . . . . . . . . . . . . . . . . . . 548 605 65~'

Appropriating money to pay expenses

. of committee to visit convict camp .. 552 753

To reimburse Sheriff of Webster Co. 60\) 65;;

720 723

Authorizing State Librarian to hang

certain portraits. . . . . . . . . . . . . . . . . . . . 646

Memorializing Congress in regard to

yellow fever in the South ........ 649 700 731;

Directing that money be paid Clerk of

House and Assistant Secretary of

Senate for ;nailing reports of unfin-

ished business . . . . . . . . . . . . . . . . . . . 650 689 75~

To pay pension to Amanda Thornton. 651 689

755

Requesting our Senators and Repre-

sentatives to use influence in regard

to purchasing of seed. . . . . . . . . . . . . . . 561

Instructing committee to investigate

State Treasury. . . . . . . . . . . . . . . . . . . . . 652

Limiting time of debate. . . . . . . . . . . . . . 656

Appropriating money for civil engin-

eers for W. & A. R. R ............ 664 702 748

Appropriating money to contest com-

mittee in Clay Co . . . . . . . . . . . . . . . 664 689 759

Appropriating pension to Mrs. Jos.

Cohen .......................... 665 689 736

Appropriating money to pay bal. due

on Code . . . . . . . . . . . . . . . . . . . . . . . . . 669 690 745

Authorizing Governor to borrow

money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6ti9

Investigating Northern boundary of

Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . .

73~