Journal of the Senate of the State of Georgia, at the regular session of the General Assembly, at Atlanta, Wednesday, October 26, 1898

JOURNAL
OF
THE SENATE
OF THE
STATE OF GEORGIA,
AT THE
REGULAR SESSION.
OF THE
GENERAL ASSEMBLY,
At Atlanta, Wednesday, October 26, t898.
ATLANTA. Geo. W. Harrison, State Printer. Tbe Franklin Printing and Publishing Company.
r8q8.

JOU_RNAL
Senate Chamber, Atlanta, Ga., Wednesday, October 26, 1898, 10 o'clock a.m.
The Senators-elect for the years 1898 and 1899, met at 10 o'clock a. m., on the 26th day of Octdber, 1898, in the Senate Oha:mher, and were called to order by the Ron. Wm. Clifton, Secretary of the last Senate.
The Secretary of State submitted to the Secretary the
_following certified lim of Senators-~lect:
I.. -.
First District-A. W. Grovenstein. Second_District-William Clifton. Third District-,-J. R. Dowling. Fourth District-.,-Rufus S. Lang. Fifth District-R. G. Dickerson. Sixth District-W. S. West. Seventh Distriot-W. S. Humphreys. Eighth District-J. L. Hand. Ninth District-R. B. Odom. Tenth District-E. L. Wight. Eleventh District-T. C. Sutton. Twelfth District-;:-A. P. Passmore. Thirteenth District-W. A. Dodson. Fourteenth District-:-Mark T. Hodge.

4

JOURXAL OF THE 8EXATE.

:Fifteenth Districl-E. K. Wilcox. Sixteenth District-R. J. :Moye. Seventeenth District-J. A. Brannen. Eighteenth District-William I"ittle. Nineteenth Districl-Columbus Heard. Twentieth District-William Rawlings. Twenty-first District-J. S. Wood. Twenty-second District-J. F. Redding. Twenty-third District-W. E. Steed. Twenty-four.th District--Leonidas McLester. Twenty-fifth District-J. H. :McGehee. Twenty-si~th District--'-S. T. Blalock. Twenty-seventh District-B. E. Thrasher. Twenty-eighth District-S. T. Wingfield. Twenty-ninth Districl-)f. W. Gro:::s. Thirtieth District-George C. Daniel. Thirty-first District-~L T. Perki!lo. Thirty-second District-J. W. H. "Cnderwood. Thirty-third Distric.t---,-J. K. Thompson. Thirty-fourth District-W. 1\I. )[orrison. Thirty-fifth Distric.t-R. T. Nesbitt. Thirty-siXIth District-J. Render Terrell. Thirty-seventh District-"\V. J. Davis, Jr. Thirty-eighth District-W. C. Bunn. Thirtx-ninrth District-"\V. J. Webb. Fortieth District-"\Y. .J. Greene. Forty-first District-Thomas R. Johnson. Fort.y-sooond District-R. T. Fouche. Forty-third District-C. N. Krng. Forty-fourth District-W. E. ~fann.



WEDNESDAY, OCTOBER 26, 1898.

5

The furegoing official list was oolled tO ascertain the presence of a quorum. This having been done, and a quorum :being present rt:he blessing of God was invoked by the Rev. J. W. G. watkins, ;at the request of the Secretary.

Senators-elect then presented themselves at the Secretary's desk and took the prescribed oath of office, the same being administered :by the Ron.Tno. S. Candler, Judge of the Stone }fountain circuit. The Secreta;ry then announced that the next business in order was the election of a President of the body.

Whereupon, Mr. Wingfield plillood m nom!inatiO'Il. for that office the Ron. Wm. A. Dodson, of the county of Sumter. This nomination was seconded by several.

There being no other nominations, the call of the rol1 was proceeded with, Senators voting viva voce.

On casting up 'the v()fie, it appeared that Ron. Wm. A. Dodson h'ad received forty-two, the entire vote cast.

The Ron. W m. A. Dodson h~RJving received a majority of the whole number of Senators, was declared duly elected President of the Senate.
The Secretary appointed ;a committee orr three to. ac-
quaint the President of his election, ask his acceptane~ and conduct him to the presidential chair.
The Secretary 'appointedlfessrs. Sutton, Wingfield an:l Brannen.

6

JouRNAL OF THE SENATE.

The committee peronned the duty imposed and the President-elect being conducted to his chair, rose and addressed the Senate, and at the cl08e o his address called the body to order.

He then announood the election o a Secretary as th.; business nen in order, !llnd that nOO'linatJions or that officewould be received.
Whereupon, Mr. Steed, o the Twenrty-third district~
placed in nomination the Hon. C. S. Northen o the county o Fulton.

The nomination o Mr. N or1:1hen was unanimously seconded.
There being no further nominati'()IDS, the Pre!Siident ordered the call o the roll or the election.

It appeared, upon casting up .the votes cast, that Ron. C. S. Northen had received orty~three, the entire vote cast.
The President declillred that the Hon. C. S. N orthen having received a majority o the entire Senate, was duly elooted Secretary.

'.Dhe President announced the election o a President pro tern. as the next business before the Senate, and that nmnin:ations were in order or that office.

Mr. Blllllock, o the Twenty-sixth district, nominated the Hon. J. Render Terrell or that position.

WEDNESDAY, OCTOBER ~6, 1898.

7

Thls nomination was seconded by several
i
There being no other name presented for this office, the eall of the roll was proceeded with, resulting in the Hon. J. Render Terrell receiving forty-three votes, which being a majority of the whole Senate, the President declared him duly elected President pro tern.

The next business was the electioo of Doorkeeper.
Yr. King, of the Forty-third district, nominated Mr. R. E. Wilson of the county of Whitfield.

Mr. Perkins, of the 'I'hirty-first district, nominated Mr. Green.

Mr. Wilson having received a majority of the votes nast, was elected Doorkeeper.

The next businees was the election of a messenger of the Senate.

Mr. Dickerson, of the Fifth district, placed in nomina tion lfr. Dan Paulk.

Mr. McGehee, of the Twenty-fifth district, placed m nominaJtion }[r. },lint Garget of the county of Harris.

Mr. Harget having received a majority of the votes cast, was elected messenger.

The following resolutions were read and adopted:

8

JouRNAL OF THE SENATE.

By Mr. West o Sixth district-

Resolved, That the Secretary o the Senate notify t":..te House, that the Senat is organized and ready to proceed to business.

By Mr. Humphries o Seventh district-
Resolved, That the President o the Senate be author ized to appoint the gallery keepers and pages, and the Secretary appoint the porters.

Also by Mr. Terrell o Thirty-sixth district-

Resolved, That the rules o the last Senate be adopted for the present one until th Committee on Rules report;; new ones.

Tho follo"\\ring committee was appointed to nominate B chaplain:

Messrs. McGehee, Nesbitt and Wight.

The committee nominated ihe Rev. J. W. H. Watkins, who was unanimously elected chaplain of the Senate.

The following resolution was read and adopted:

J3;v :Mr. Morrison of the Thirty-fourth district-
Resolved, That a committee o three rom the Senate and five from the House be appointed to notify the Governor that the General Assembly has organized and ready to proceed to business.

WEDNESDAY, OCTOBER 26, 1898.

9

The committee on part of the Senate is Messrs. Morrison, Terrell and Rand.

Upon motion of Mr. Humphriffi the Senatf}rs withdrew and drew for seats.

. Upon motion of Mr. Humphries the Senate took reces:l for thirty minutes.
The thirty minutes having expired, the President calle.J the Senate to order.
Upon motion of Mr. Terrell the session was extended untiliihe Senate could receive a message from the House of Representwtive'S.
The folloWing message was received from the House, through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
I am !instructed by the House of Representatives to inform this branch of the General Assembly tlhat the House is now organized and is now ready to proceed to the discharge of the. regular business of the session, and has elected as Speaker tJhe Hon. John D. Little, as Speaker pro tern., the Hon. A. 0. Blalock, as Clerk, John T. Boifeuillet, as messenger, F. M. Durham, and as doorkeeper J. H. Williford.
The following message was received from the House through Mr. Boif~uillet, the Clerk thereof:

10

JouRNAL oF THE SENATE.

Mr. President:

The House has concurred in the following resolution of the Senate, to wit:
Rawlved by the Senate, the House concurring, That a committee of three from the Senate and :five from the House be appointed to notify the Governor that the General Assembly is now organized and ready to receive any communications he may desire to make, and has appointed on :the part of the House, Mr. Freeman Allen of Baldwin, Ford of Worth, R()gers of Marion, and Mr. McLaughlin.
The following mess'age was received from the House through Mr. Boifeu!illet, the Clerk thereof:

Mr. President:
The House has adopted the following joint resolution, to wit:
Resolved by the House, the Senate concurring, That the House and Senate convene in joint session on to-morrow, ThUll'Sday, 27th instant, at 11 oclock a. m., for the purpose of opening the returns of the State election and declaring the result.
Upon motion of Mr. West, the above House resolution was concurred in.
Leave of absence was granted Mr. Davis for to-day and to-morrow.
Upon motion of Mr. Underwood, the Senate adjourned until to-morrow at 10 o'clook.

THURSDAY, OoroBER 27, 1898.

11

Senate Chamber, Atlanta, Ga., October 27, 1898.

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

Prayer was offered by the Chaplain.

~POID. the call of the roll the following members answered to their names:

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Hand, Heard, Hodge,

Hnmphreys, Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkin!', Rawling,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr.. PretUdent.

The Journal of yesterday was read and approved.

'!'he following invitation was accepted:

To attend the oratorieal contest to be held at the Grand Opera House, Saturday evening, October 29, 1898.
The following cO'IIlmunicati.on was received from his EX'Cellency, the Governor, through his Secretary, :Mr. Warren, to wit:

Mr. President:

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

12

! JouRNAL oF THE S.KSATE.

MFSSAGE
STATE OF GEORGIA, EXECUTIVE OFFICE, ATLANTA, GA., Oct. 26, 1898.
Gentlemen of the_ Gfmeral Assembly of Georgia : In obedience to the requirement of law, I send this
communication to inform you of such transactions since the adjournment of your predecessors in office as may bet.ter enable you to discharge your duties as members of the General Assembly ; and make to you such recommendations as will, in my opinion, aid in the perfection of our laws and promote the growth of our material interests.
The reports from each of the regular Departments of the Government, as well as from each of our eleemosynary and educational institutions, will be printed and furnished to each of you. Coming, as these reports do, from men of recognized ability, who are thoroughly acquainted with the subjects discussed, I cannot too earnestly urge upon you the importance of giving careful consideration to every recommendation made.
ELECTION OF JUDGES AND SOLICITORS-GEN-
ERAL BY THE PEOPLE.
The amendment to the Constitution proposed by the General Assembly, provid!ng f.Jr the election of Judges and Solicitors-General by the people, was in acc,Jrdance

TauH!:IDA Y, OcToBElt 27, HI9S.

13

with the Jaw submitted to the people at the general ~]ec tion this year, and ratified at the polls. On ascertaining the result of the election, I issued my procJamation declaring the result, and the proposed amendment became a part of the fundamental Jaw of the State.

SPECIAL ATTORNEY WESTERN & ATLANTIC RAILROAD.
For a number of years the State has employed a Special Attorney to look after questions arising in connection with the Western & Atlantic Railroad, and to represent the State in the settlement of a number of disputes which had arisen as to rights-of-way. Having arrived at the conclu- . .sion that this office should not be a permanent one, in the early part of this year I entered into a contract with Ron. W. A. Wimbish, Special Attorney, in which it was agreed that for the amount appropriated as salary for this year, he should dispose of all unfinished business. This contract is now of file in the Executive Office. I, therefore, recommend t.hat there be no further appropriation made for the payment of the salary of the Special Attorney of the Western & Atlantic Railroad. Whatever legal business may arise in connection with this property can hereafter be.done by the Attorney-General.
TEMPORARY LOAN.
Early in July I received an official communication from the State Treasurer, in which he informed me that, in order to carry out the law providing for tbe quarterly payment

14

JounNEL OF THE SENATE.

of the salaries of" teachers, it would be neceseary for the State to borrow two hundred thousand dollars. This con; (lition of the Treasury was due to the fact that the increase in the ar-propriation for common school purposes of fou~ hundred thousand dollars would not reach the Treasury until the collection of the taxes for this year, and would not likely he available until some time in December. It became necessary, therefore, for me to decide wlll'thcr it would be better to ignore our obligations to pay the teachers quarterly, or to exercise the authority ghen me by the last General Assembly to borrow money and meet the demands promptly. I reached the conclusio that it would be better for the State to pay the iuterets upon tl~is amount than to ignore the obligation to th.~ teachers and require them to discount, at ruinous .rates, their claims against the State. Fortunately, the condition o( thl' Treasury was such that we did not need the entire fotlr hundred thousand dollars, and by making a loan of two hundred thousand dollars, anticipating the revenue which w.mld come in on the collection of the fall taxes, we could meet every demand. I, therefore, went to New York and spcured a loan of two hundred thousand dollars at the very lJW rate of 2}- per cent. per annum. We had on hand one hundred thousand dollars, known as the sinking fund, accumulated for the purpose of paying the public debt, which, under our constitution, could not be used for any other purpose, and consequ'.mtly was not available to pay the teachers. We had a right to place this money in any one of the State depositories. In the exercise of this right I left it on deposit with banks which

WEDNESDAY, OCTOBER 26, 1898.

15

agreed to pay for the use of the loan the amount which the State contr.acted to pay. The State, therefore, while borrowing two hundred thousand dollars, paid interest on only one hundred thousand dollars at two and a half per cent. per annum, and the banks having on deposit the sinking fund paid the interest on the otherone hundred thousand.

CHICKAMAUGA MONUMENT.
I regret exceedingly to be obliged to report to you that the monument for which the Sta1e has made an appropriation, to be erected on Chickamauga battle-field, has not been completed. The reasons for this will appear from the report of the Board having the work in charge. I am confident, however, it will be completed and ready fordedication in the early part of 1899, and respectfully recommend that you take such action as you may deem proper to provide for the ceremonies of the dedication.

TROOPS FOR THE SPANISH-AMERICAN WAR.
On April 22d the President of the United States called upon the State of Georgia to furnish, for service in th~ Spanish-American war, two regiments of infantry and two batteries of light artillery ; and on May 26th another call was made for one regiment of infantry. Ori the receipt of the call, I at once issued my proclamation ca11ing for volunteers, and am gratified to report that both calls were responded to with commendable promptness. under the first call we were the third of the original thirteen States, the

16

JouRNAL oF THE SENATE.

ninth of all the States of the Union, and the first of the Southern States, in completing our organization and turning them over to the Federal government. The people of Georgia nave reason to be proud of the character of the men and officers furnished by this State in response to the calls made upon it. These were splendid bodies of men, which, I do not believe, could be surpassed by any volunteer soldiers in the world.

EXPENSE OF ORGANIZING THE TROOPS.

Soon after the declaration of war, the Federal government declined to furnish a regular army officer to assist the State in the office of Adjutant-Genf)ral, as had been done for a number of years. On this account, and because of the large increase of the work incident to organizing the military forces, it became necessary for me to employ some one to aid in the Adjutant-General's department. Colonel W. G. Obear, an able and experienced militia officer, was employed at a salary of one hundred and fifty dollars per month, which was paid out of the military fund. This employment has continued up to the present. There was necessarily a large expense to be incurred in raising the troops, and the problem was presented to me of determining from whence this fund should be derived. On account of the expense which would have bt--en incurred by so doing, it was not considered advisable to convene the General Assembly and ask for an appropriation for this purpose; and it was, therefore, determined to use the fund appropriated by the State for

THURSDAY, 0f'TOBER 27, 1898.

17

military purposes. Itemized accounts of the amounts expended have been carefully kept by the Adjutant-Gener-al's Department, and will in a few days be in a condition -to be presented to the Federal government for payment. Most of the expense incurred in organizing the troops will -be refunded to the State by the United States government ..in a very short time.

THE STATE MILITIA.
The State militia organizations were so much impaired -this year by having taken from them officers and men who ~ntered the volunteer forces of the Uniterl States, that it was deemed advisable not to have the usual State encampment. In the organization of the volunteer force of the United States, furnished by this State, the militia proved .an invaluable source from. which to draw officers and men. The experience acquired in the service of the State Militia proved to have been of incalculable value to the forces furnished by this State, under the call of the national :government. My experience, however, while organizing -this national force, has cd'nvinced me that it is of the utmost importance that the laws governing the militia or-ganizations be revised and radical changes made therein.
I respectfully urge that your committee on military affairs take this subject under consideration and ask for the pass- . .age of the needed legislation. I hope your body will connnue its aid to the State Militia. When reorganized under such new legislation as may be had, it will be of more value than ever before in preserving peace, enforcing obedience to law, and furnishing a source from which a volunteer .army n1ay be quickly raised in time of war.
2 sj

18

JouRNAL OF THE SENATE.

PENITE~TIARY DEPARTMENT.

Pursuant to the Act of the General Assembly approvecl' December 21st, 1897, I appointed, on the date named, asPrison Commissioners, the following gentlemen, viz.;. Hon. Clement A. Evans, of the county of Fulton; Hon. Jacob L. Beach, of the county of Glynn, and Ron. Jvseph: S. Turner, of the county of Petnam, who immediately qualified, gave tLe bond required by said act, and entered upon the discharge of their duties.
For full information as to the work of this department,_ I refer you to their report, which has been written and laid upon your desks.
Referring to but one portion of this report, it will be seenthat the misdemeanor convicts have, by virtue of the authority conferred upon the Commission, been brought under direct State supervision and that satisfactory progress has been made toward bringing all misdemeanor camps up to a uniform standard.
All private chaingangs have been abolished, and a largemajority of the convicts are now being worked upon the public roads, much to their improvement, and the ultimate-benefit of the counties so using them.

NORTH EASTERN RAILROAD.
The last General Assembly conferred upon the GovernOJauthority to se!l the ~ort!1 Eastern Railroad whenever he-thought advisable.
J have not offered this property for sale, because I did not deem it advisable in the present condition of the-

THURSDAY, OCTOBER 27, 1898.

19

eonntry, but I feel sure that soon a sale can be perfected, in compliance with the conditions imposed, for as much as or more than the amount of the bonded debt for which the State is liable.
For full details of the management of this property I refer you to the report of Ron. R. K. Reaves, Staie
Agent, in charge, which will be printed and laid before you.

OMAHA EXPOSITION.
In compliance with a resolution of the General Assembly, approved December 18, 1897, authorizing the Governor to appoint a committee of fifteen citizens, to secure an exhibit of the products and resourceto of the State of Georgia at the Trans-Mississippi and International Exposition, I appointed the following named gentlemen thereon: Hons. W. J. Northen, C. E. Harmon, W. A Hemphillr F. H. Richardson, J. B. S. Thompson, and Geo. C. Smith, of the county of Fulton; J. F. DeLacy, of the county of Dodge; Edwin Brobston, of the county of Glynn; W. A. Knowles, of the county of Floyd; Thos. K. Scott, of the county of Richmond; Geo. Ketchum and J. F. Hansonr of the county of Bibb; H. M. Comer and P. A. Stovall, of the county of Chatham.
These gentlemen, at a great personal sacrifice of time and money, secured and placed in position at Omaha a magnificent exhibit which has attracted the attention and admiration of thousands of visitors, and which, it is expected, will be productive of much good to the State.

20

JoTRNAL oF THE SENATE.

PENSIONS.
It has become the just, humane and settled policy of the State to pay pensions to Confederate soldiers and their widows, where the circumstances jusiify it. Since 1866 all legislative action has tended to that end, and on three several occasions the question has been submitted to the people, and each time by a practically unanimous vote they have amended the Constitution for that purpose. It is a patriotic and noble spirit which inspires and puts in active operation the discharge of this obligation.
In legisl~ting for that purpose such restrictions should be kept in view as will tend to keep the pension roll as a roll of honor. No exact statement can be made of the number of soldiers Georgia furnished the Confederate cause, ~ut conservative estimates put the number at 125,000, and there are less than 10 per cent. of that number of pensioners on our rolls, while the Federal pension rolls show nearly 1,000,000 names, approximating the number in the entire Federal army.
The above comparison is made to show the danger of imprudent or unwise legislation, and not in any sense to restrict payments so as not to reach those justly entitled.
In extending aid to indigent and disabled Confederate soldiers the State has adopted the policy uf paying direct to the beneficiary the money appropriated for his benefit. To show what Georgia and other States Lave done and are doiug for the old boldiers, the table below is submitted. The figures, except for Georgia, are for 1897:

---

.
GE:-<ERAI, PBNSIONS.

Soi,DIERS' HoME.

TOTAL.

I Number.

Paid. No. Inmates., Paid.

I Number.

Paid.

~

~

. . Alaba1na
Arkansas

.......

..

.

.

.















0




Flor;da 0 0 0 0 0

I

0

I

0

0

0

0

0

0

0

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

Louisiana . . . . o o o o 0 I I o o

7,105 1,336
60) 10,390 None.
None.

$ 116,532 35,000 65,000
609,520

0



0



......

None. $ ...

. . . . . . 49



0

0



7,105

None. None.

. . 0



Estimated.

70

10,000

7,105 $ 116,532 ~

1,385 600
10,390

42,105 65,000 609,520

t:::l ~
..>. <

None. 70

0



0



EstimatP.d.

10,000

~

Estimated.

Estimated.

t:d

. . . . . . . . . . . . Maryland . . . . . . . . . . .

None.



0



Missis8ippi . . . . . . . . . . . . . : 0 0

75,000

75

10,500

0



0



0

75

10,500 75,000

t!J
~

North Carolina . . . . . . . . 0 105,000

. . . . . . .. South Carolina . . . . .

Tennessee ....

"'

4,714 537

100,000 59,940

Texas



0



None.

0



67 Nun e.
100 175

. . . .R,500



0



..

4,714

8,5(,)0

6~7

38,258

175

113,500 !>:)

100,000 ..,-1

68,440 38,258

0""0"

Virginia ............. ------

3,541

110,800

246

30,000

3,787

140,800

<:0
?='

Paid by all States . . . . . . . . . $ 1,389,175 Paid by Georgia . $ 609,520 Paid by all other States 780,135- 1,389,175

!>:)
"""

22

JOURNAL OF THE SENATE.

It will also be remembered that it is provided by law

that such Confederate soldiers as cannot support them-

selves, by reason of poverty and infirmity, shall re<'ei.ve :6)od

and clothing from the couuty authorities (see Section 432

Vol. I, Code I895) and thus they may supplement the

amount paid by the State. Besides on the mme line by

the Act of 1897, page 24, no l!cc1se for peddling can be

demanded of any dil'ahled or indigent ex-Confeocrate soldier, and in some instances they are exempt from poll tax,

as provided in Section 766 Vol. I, Code 1895.

The following table shows payment of pensions during

my administmtion, and two years previous:

Number.
For 1893 ____ ------------- ____ 7,290
" 1894 ______ - ------------- 7,232

Paid.
$429,080
424,820

" I895 -------------------- 7,308

426,340

" 1896-------------------- 9,29I

545,I40

" 1897--------- -~----------10,445

573,460

" I898- ---------------- ____ 10,390

609,520

There are now pending in the Pension Office 2,715

claims, of wJ.ich, probably 1,000 under the proofs ara en-

titled to be paid; and to cover such payments $60,000

sh<uld be appropriated for 18:19 in addition to the sum

appropriated for 1898.

FEE SYSTEM.
I am persuaded that the interest of the State will be conserved by abolishing tl11~ fee system, and suggest the passage of a law providing a different method c.-f compen:-ation for our public officials. All officers who are eom-

THURSDAY, OCTOBER 27, 1898.

23

lpensated in this way should be required to keep an item-ized account of their receipts, and make return thereof -under oath. A maximum limit ought to be fixed, and re-ceipts in excess of this limit covered into the Treasury. The limitation should be slfffi.ciea~ly liberal, however, to ,secure the services of our best me~, and I apprehend no difficulty in adjusting the new system so as to satisfy all requirements. I commend the matter to your serious .:attention.

BIENNIAL SESSIONS.
Another step in the direction of retrenchment which I --would propose, is an amendment to the Constitution pro-viding for biennial sessions of the Legislature. Heretofore much of the time of our assembly meetings has been taken up in balloting for Judges and Solicitors, but now that the Constitution has been so amended as to require the election of these officials by the people, ample time will be allowed for the purposes of needful legislation within the period now fixed for a single session-fifty days. This change will result not only in. a net saving to the ;State of $70,000 for the session dispensed with, but will have a good effect in other respects. Annual sessions are prolific of much needless legislation, and too much legislation has a disturbing effect upon business and commercial oaffairs. All States of the Union, except Georgia and five -<>t.hers, now have biennial sessions, and the experiment has proven so satisfactory, that it will be only a question of a :i!hort time when the plan will be adopted also in the States

24

JOURNAL OF THE SENATE.

to which I have referred. It is not necessary to hold a constitutional convention in order to give practical effect to this suggestion. It can be accomplished more directly an<t at less expense by amending our present organic law, in theusual way. Comentions are expensive, both in the matterof primary deliberation and in the subsequent legislation necessary to make our laws conform to the requirements of the new instrument. When a change in our fundamental law becomes necessary, it can be doue just as effectively by amendment, and at a cost comparatively trifling. l\umerousarguments can be adduced in favor of the proposed change,_ but it is not necessary to appeal to your intelligence by such a course of reasoning. The advantages to be derived are so obvious that specification would be useless.

TAX ON INHERITANCES.
As a means of adding to the State's revenue, I recommend the imposition of a tax on inheritances, direct aswell as collateral. Other States have set us a good example on this line, which we would do well to follow. A measure providing for a levy of this sort would, I believe,_ receive the approbation of the people, and add materially to the State's revenue.
EDUCATION.
The State has made most gratifying progress in mattersaffecting its educational advancement. Perhaps never before in the history of Georgia has there been such widespread interest in the cause of popular education. The-

THURSDAY, OCTOBER 27, 1898.

25

Legislature, in answer to the demands of the people, has made liberal appropriations for the support of all our schools. These large investments that the State is annua1ly making for the education of the masses, will yield larger retuorns than the State could derive in any other way. The problem before us as a people is to make our own children capable of dev~loping our own resources. It is extremely gratifying to me to note the steady and rapid improvement in our educational conditions.
The public school term has been lengthened from one hundred days to one hundred and thirty. The public school fund has grown from $937,871.12 in 1894, to $1,640,381.00 in 189R. Within the same length of time we have added to our teaching force one thousand teachers, who have been professionally trained in Normal schools. The enrollment of children of school age in the common school!'! has also largely increased over the enro11ment of previous years. The building of new and comfortable modern school-houses is steadily going on in all parts oi the State. The two Normal schools supported by the State-the Georgia Normal and Industrial School at Milledgeville and the State Normal School at Athens-have been taxed to their utmost capacity to make room for the pupils that apply for entrance in both institutions. During the present year, indeed, a large number of applicants have been denied admission in both of these schools for lack of room. Teaching is no longer an avocation. It is now a profession, and teachers who are wanted everywhere are those who have had professional training. These two schools, therefiJre, that are providing prvfes-

26

JouRNAL OF THE SENATE.

sional training to our teachers, deserve the liberal support that the Legislature has provided.
We have come to a time when practical education is demanced for the changed conditions that confront us. Our children must be taught in the schools to do wha.t the world wants done. Most of the manual labor of the future will be done with a machine. This will be true, not only of the manufactory and workshop and printing house, but it will be true to a large extent on the farm as well. We have come to the age of the machine. Such changes should be made, therefore, in the courses of study in our common schools as will broaden the foundation of popular education, by including such industrial branches as the times demands of us.
The addition of training like this for industrial pursuits in all our schools, will hasten the day when Georgia will work into manufactured products all of the raw material that the State produces. The State can never reach that proud place of independent sovereignty that she should hold, in fact as well as name, until she has made the children of all her people independent and intelligent producers of wealth, and until there is not only no badge of reproach for honest toil, but everywhere in every department of human endeavor, respect and honor and remunerative rewards for well-diversified and intelligent labor.

GEORGIA SCHOOL OF TECHNOLOGY.
The rapid advance of all nations in industrial and mechanical lines directs attention to the conditions existing in Georgia for the cultivation of natural resources and

THURSDAY, OCTOBER 27, 1898.

27

-scientific talent. The State should provide the means for ~nabling Georgians to fill the most remunerative positions in the material advancement of the State. The beads of .industrial enterprises and the high salaried meu in our manufacturing establishments should be natives, and not, as iis often the case, .residents of foreign countries and other .sections.
By giving our young men the opportunity to obtain -practical and scientific education of high grade in the -different fields or Engineering and Industrial Science, we -continually add to the population a class of citizens, familiar with our resources, capable of organizing manufacturing plants, and qualified to increase the wealth and importance of the State. In view of these facts, I recommend for your continued support the Georgia School of Technology. Its thorough courses and the excellent records of its graduates are commanding the attention and admiration of every Southern State. The dormitory built by the State is inadequate for the accommodation of the hundreds or boys who desire to attend the school at -cheap rates and under wholesome regulations.
I recommend that you appropriate money for another .dormitory, as the present buildings are now too crowded for com(ort and health.
As the attendance at the school has been more than doubled in the past few years, I recommend such increase in the maintP.nance fund as you may find necessary.
In my last message I recommended. the establishment, in the school, of a Department of Textiles, and the Gen~ral Assembly appropriated $10,000.00 for such purpose,

28

JoURNAL OF THE SENATE.

provided friends of the school would give an equal amount in money or equipment.
I am gratified to announce that donations have been made as follows:
In cash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,2:H.G5 In Machinery............................ 12,000.00

Total. .............................. $22,221.65
A list of the donors aud the amounts given are appended to this message.
The most important donation was made by Mt. Aaron Frenuh, a citizen of Pittsburg, Pa., who became an interested patron of the school through his friendship with President Lyman Hall.
Mr. Oscar Elsas, Vice-President of a large manufacturing firm in Atlanta, and an ex-student of the school, rendered valuable services in securing donations of machinery. Both of these gentlemen deserve the thanks of the people of Georgia.
Including the donations and t~e State's appropriation the Textile Department will have an equipment in building and machinery of $32,000 00, and in the line of Cotton Textiles, it will have no superior. At one-third the cost, Georgia has secured this equipment for the instruction of her sons and daughters in designing, weaving, dyeing, etc., of our great staple whose manufacture has heretofore enriched other sections of the country. It is Georgia's duty to provide liberally for the support of this Department.

THURSDAY, OCTOBER 27, 1898.

29

THE UNIVERSITY.

I recommend the continuation of the State's support of the University.
The intellectual supremacy of a people is the key to prosperity and material greatness, and the University of the State, if properly supported, will continue to add to the growth and greatness of the State. I advise that the excellent dormitory system now existing at the School of Technology he provided for at the University, so that young men of limited means may obtain the advantages of the institution at small cost and that. parents may feel that their sons are under the continual guardianship and protection of the authorities.

SCHOOL BOOKS QUESTION.
I would again invite your attention to the importance of legislation looking to a reduction of the cost of school books used in the Public Schools of this State, and urge upon your body .the growing necessity for action thereon.
In this connection I refer you to the special message ou this subject which I had the honor of laying before the last General AA-emhly. In that message I submitted some comparative figures that are worth conAidering in this connection, to wit :
The following statement presents clearly the comparative cost of our Code published upon State's account under the competitive bid system and what we are actually paying for the school books used by our children in the public schools.

30

jOURNAL OF THE SENATE.

CODE.
Three volumes of Georgia Code, contaiaing 1,-
500,000 words, cost_ ________ ---------$ 4 0(}

SCHOOL BOOKS.

Five School books, containing 659,000 wor,Is,

cost------------------------------Five School books, containing 215,000 words,
cost ________ . _____________ .
The cost of printing the same number of words in school-books as in the Code, would be__

1 SS 4 00 9 52

In this calculation I have not computed the compensa-

tion which must be paid to authors nor other necessary ex-

penses which will readily suggest themselves to you. On

the other hand, it must be borne in mind that only a few

thousand copies of the Code were printed, while school

hooks are issued by the hundreds of thousands and their

printing should, therefore, cost less.

ANOTHEH. CO)fPARISON.
At my request, one of the best equipped and reliable publishing houses in the State has furnished me the following statement showing what is now being paid for school books in Georgia, and at what price it would be willing to print the same books in lots of one hundred thousand:

BOOK.

PUBLISHER.

PUB. PRICE

Wentworth's Practical Arith-

PRICE. BID.

metic ......... ....:. .............. Ginn & Co ............400 pp.$ .65 $ .18

Third Reader ....................Ginn & Co ............256 pp. .4{) .1Z

First Book in American His-

tory (Eggleston) ...............American BookCo224 pp. .60 .11

Swinton'~ 'Vord Primer ..... AmericanBookCo 96 pp. .15 .04

Sanford's Higher An. Arith-

metic .............................. American Pub. Co 160 pp. 1.00 .24

Graves' New GradedSpeller..Ginn & Co ............ 160 pp. .25 .10

McGuffey's Third Eclectic

Reader ............................ American Book Co 208 pp. .4<> .14-

THURSDAY, OcTOBER 27, 1898.

31

This company is able and willing to take the contract to publish at the prices named and give bond to comply with their contract.
Yo.u ron 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 unreasonable and unjust tribute to a lordly trust.
I submit to you the con!'!ideration of the question, with the confident belief that you possess the wisdom to discern and the courage to apply the remedy.

BALLOT REFORM.
For some years past there has been considerable dis-
cussion in regard to a change in our election laws, making them conform, in some degree, to the advanced laws on
this subject in other States. In my first message to the
Legislature in 1894, and in every subsequent message, I have adverted to this measure. In one of these I ~aid :
"The decided advance taken by our State in the passage or the Registration Law, recently enacted, has met with the hearty approval of the people of the State, and they hope for such advancement in the reformation of our election laws, that no honest m1m's vote can be neutralized by a dishonest or fraudulent ballot. I earnestly urge upon you a thorough study of the election systems of other States,. that such election laws that may be passed by you will .be in harmony with the best methods of the day, and serve to secure honest elections and a government wherein the ballots of honest men will certainly control."

32

JOURNAL OF THE SENATE.

Now that the agitation has become general througlwut the State, and is being advocated by those who formerly opposed it, I hope for definite action by your body, and again add my urgent appeal to the general demand.

BETTER PRIMARY :ELECTION LAW NEEDED.
Fully as important everywhere as stringent election laws, and a more crying demand in Georgia, is the necessity for the strictest regulation of the party primary. For thirty years past the welfare and destiny of this State have been in the hands of one party, and the recent election has but furnished a fresh demonstration that this condition is to continue indefinitely, or at least so long as the present party alignments remain. The democratic primary not only virtually, but actually, determine:> who shall fill every important office in the State, and in nearly every county, and what shall be the policy of the .State government so far as these officers may determine it. The constitutional amendments of two years ago and this year, making the Supreme ancl Superior Court .Judges elective by the people, vastly increase the responsibility of the dominant party by adding. the burden of choosing a pure judiciary.
The most vital part, t!Jen, ot our politics is the primary, and any reform that does not include this inceptive function in its scope will fail to strike at the root of the real evils of which the people are complaining.
Politics has features which have led many good people to unthinkingly deprecate its existence; but politics will never cease so long as this remains a party government,

THURSDAY,. OCTOBER 27, 1898.
and men seek preferment under it. We should not expect a political millennium under any circumstances, but we can and should seek every opportunity to be rid of unsatisfac- tory leaders and to make the political organization respon..: sible to its voters. Thus far the reformer and the liberal partisan can go together, and in this unity of purpose lies the hope of better primaries.
The growing demand for better party methods was recognized by the Legislature as far back as 1891, when an Act was passed and approved by the Governor "to protect primary elections and conventions of political parties in this State, and to punish frauds committed thereat.'' This law was modeled very much after the pattern of our present election laws, with the one glaring deficiency that it was not mandatory upon the party managers to apply the primary in the selection of delegates and nominees for offices ; and in practice it has been applied with about the same laxity, all of its provisions seldom being complied with and none of its penalties ever enforced, and has long since been outgrown by the movement for better primaries. It may be safely said that the volunteer reforms inaugurated by the democratic conventions in 1894 and 1896, and continued by the convention of this year, and effectively urged in the campaign against the caucus methods into which the populists had fallen in their turn, caused great numbers of the latter party to stay away from the polls, while others returned to their former affiliations. I call attention to these facts to show how the people stand in this movement for better primaries, which is really a revolt against bossism.

34

JouRNAL OF THE SENATE.

The present demand for primary reform is not confined

to Georgia. Few States have heen, or are, entirely without

statutory regulation of the primaries, but in most cases

these, like ours, are ineffectual. Ten important States now

have statutes more or less complete controlling primaries,

and as many more are considering and investigating the

problem. Recognized as the most progressive of the

Southern States, there is every consideration why Georgia

should lead in this as well as in other improvements in the

South. The practice of general primaries upon a stated

day, under fixed rules, which hat~ been found so satisfac-

tory in recent years, should be made the statutory law,

which cannot be changed at the whim of a committee, or

the will of a candidate who may control a majority of

its members, and should be binding upon all parties.

In framing such a statute, there will be many additional

features besides those with which we have been made

familiar, the character of which I can only suggest here,

leaving the details to the wisdom of your body, should

you give this matter the consideration which, in my earnest

opinion, its importance demands.

In the first place, I cannot too strongly emphasize the

statement that the ballot should be made absolutely secret.

No possible opportunity should be given to the briber to

see that the vote corruptly purchased is faithfully delivered,

and thus corruption will be discouraged. Neither should



an employer have any method of ascertaining how his employees really vote, and thus the laboring man, whose

interest may not always be the same as that of the capi-

talist, but whose views are equally worthy of expression in

THURSDAY' OCTOBER ~7, 1898.

35

a free government, cannot be successfully coerced. This becomes more vitally important every year, as industrial and corporate factors enlarge their scope and employ increasing numbers of intelligent suffragists, whose franchise cannot be too vigilantly protected against any improper influences.
So satisfactory has been the practice of holding State primaries on one day that I would by all means incorporate this in the law; and I would also advise that the date of the primary be made a fixed day, at such season as may be most convenient to the masses of the voters. If necessary, separate succeeding days might be named for each party, or all could be held on one day. The first provision prevails in New York, whose Legislature last March unanimously passed what is generally regarded as the broadest and most complete law regulating primary elections, political committees and conventions; the second provision is part of the recently-enacted law of Michigan. Such a proviso would be perfectly just and satisfactory to all candidates and factions alike, and would remove a ~rious cause of complaint recently made.
Candidates for all offices should, of course, be directly voted for, and provision made for delegates who will express that vote in_the convention. In some States, notably the neighboring one of South Carolina, the nominees are named by the consolidated vote of the whole State, a majority of the whole vote being required to nominate. In any case, conventions would seem to be necessary to promulgate principles, and these conventions, in turn, ahould be regulated by a provision against proxy and secret

36

JouRNAL OF THE SENATE.

voting, and by proper restrictions against interference with the temporary organization.
With these safeguards, including also a provision for securing the fair submission of all party questions to the mt'mbers of that party, we would have a law unexcelled by that of any State in the Union, and our primaries would command the confidence and respect of all parties. Then party organizations will always be responsible to the people, and political leaders will become liberal statesmen, advocating beneficial public measures, instead of scheming politicians. caring only for the favor of those in control of the machine.

EQUALIZATION OF TAXES.
A great deal of comment has been made recently about the high rate of taxation in Georgia. That the tax rate is higher than the people who pay the taxes can well afford is an indisputable proposition ; but I fail to see how the amount of appropriations made can be materially reduced without receding from the position which the State has taken respecting its treatment of the old soldiers and the education of its children, and against this policy. of retrogression all are mutually pledged.
I am as much in favor of economy in State affairs as any one can be, as I think the record of my administration will show; but the proper and only w~y to reduce the taxes that everybody pays, is to make everybody pay his taxes. I f there were a just and equitable system of tax assessment in the State, instead of leaving each taxpayer to swear to the amount that he is wiiling to pay taxes upon, according

THURSDAY, OCTOBER 27, 1898.

37

to investigations that have been recently made in different localities and according to the painstaking report of Comptroller-General Wright, to which your careful attention is ealled, the valuation of property would be so increasE.'d-so much additional property would be placed upon the tax books-that the rate of taxation would be decrE.'ased onethird, and still afford the same amount of revenue that we are receiving to-day.
In 1892 tax values were fixed, not by the taxpayer, who has a direct interest in omitting to give in property, or in placing the lowest possible value upon it, and thus burdening his neighbor with a part of the taxes which he should pay, but were fixed by a board of disinterested tax assessors. As a result, tax values increased from $444,000,000 in 1891 to $463,000,000 in 1892. This act was repE.'aled in the fall of 1892. The next year there was a decrease of $11,{)00,000 in the returns of taxable property, and now, after a constant decline, it is $54,000,000 less than in 1892, when valued by tax assessors. If so much good was ac-complished in one year, with the experience of this effort, tax values ere now would have been equalized and largE.'ly increased, and vast amounts of property, real and personal, which now escapes taxation, would be bearing their share of the common burden.
This law was not a failure, as was claimed by its opponents, some of whom suffered by its operations, and made other people believe that they also suffered, so that there was a general clamor .for its repeal, to which a succeeding legislature succumbed. It had its imperfE.-ctions, as any law which you may enact will have, but these defects should have been

38

JouRNAL OF THE SENATE.

remedied by further legislation. I have repeatedly called
upon the legislature to enact some measure that would bring
about reform in this matter of taxation.
In my message to the General Assembly of 1895, and
again referred to in my message in 1897, 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 art: affected by local assessment systems of towns and cities, each man is his own tax-assessor and places upon his property such value as he sees fit, even himself in many instances confessing that the amount at which it has been returned by him for taxes bear<~ 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 valuation upon their property far below its value, and on a scale much lower than that by which the property of their neighbors are valued. The man who pays taxes upon property unfairly valued at $500, while on property of the same value his neighbor pays on $1,000, is lowering his own tax rate one-hal~ depriving the State of its just revenue, and placing an unjust burden upon his honest neighbor who values his property corn rectly. I most earnestly recommend that some plan be devised by which the State can art'ive 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 imposition 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 into practical operation, prove imperfect; but as these defects appear it will be the duty of your successors 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 in-

~THURSDAY, OCTOBER 27, 1898.

39

justice than the law under which our property is now returned for taxation. ,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."
I now appeal to your body to respond to an awakened
public interest on this subject, and am persuaded that ef-
fectual steps will be taken in the direction indicated.

SUPPRESSION OF LYNCHING.
I respectfully but urgently invite your attention to my message to your predecessors, in which I asked for legislation for the suppression of lynching in this State, and suggested legislation for their consideration. The Democratic platform in 1896 declared in favor of legislation on the line of my recommendation, and I respectfully call attention to the fact that this pledge of the party has not been fulfi lied.
WORK OF LAST FOUR YEARS ADMINISTRATION.
In sending this, mY. last official communication to. the General Assembly, I will take the liberty of calling your attention to many results which have been accomplished during my adminintration.
The State now collects interest on its money deposited with banks.
The Northeastern Railway has been sold and is now the property of the State, yielding a net income.

40

JouRNAL oF THE SENATE.

The public debt has been decreased four hundred and ten thousand dollars.
The annual interest account of the State has been decreasad $40,905.
All State bonds which will mature prior to 1915, except those which can be paid with the sinking fund received anmially, have been either paid and cancelled, or retired by substituting in lieu thereof bonds bearing a rate of interest much lower than the rate of the retired bonds.
The State has borrowed money at the low rate of 2!1per cent. per annum.
The amount of pensions to Confederate soldiers annually has been increased one hundred and eighty-five thousand dollars.
The annual common school fund has beer. increased six hundred and ninety-four thousand dollars.
The State Normal School at Athens has been opened and maintained by the State.
New buildings have been erected at the State University State Normal School, School of Technology and at the Georgia Normal and Industrial College.
A textile department has been established in the School of Technology.
Large additions have been made at the lunatic asylum, and substantial improvements made at the School for the Deaf and Dumb.
The penitentiary question has been met and solved by the adoption of a system which will guarantee state control of all its convicts, felony and misdemeanor, secure just and humane treatment to all and yield to the State a net.

THURSDAY, OCTOBER 27, 1898.

41

income approximating one hundred thousand dollars per annum.
A State Board of Medical Examiners has been established.
Our election laws have been improved by the passage of the Registration Act.
The State School Commissioner has been made elective by the people.
Three additional Justices have been added to the Supreme Court, and the en_tire bench is elected by the people.
The Constitution has been so amended as to provide for the election of the Judges and Solicitors-General by the people.
A new Code h11s been adopted and published. An Act bas been passed revising the criminal laws of the State. The resources of the State have been exhibited at three expositions of a national character, to wit: The Cotton States International Exposition, at Atlanta, the Tennessee Centennial Exposition, at Nashville and the Trau-Mississippi International Exposition, at Omaha. Specimens of the products and resources of the State have been collected, which may, at small cost, be transported for exhibit at any future exposition. The office of Governor has been relieYed of a largt> part of its work and responsibility because of the action of the General Assembly in creating the office of Pension Commissioner and giving to the Prison Commission the power of pardon, in so far as it could be done under our

42

JOURNAL OF THE SENATE.

Constitution. But for the immense amount of work imposed upon the Governor in organizing the volunteer force of the United States, the duties of the position would, this year, on account of the reduction of the work of the Governor by the two above mentioned Acts, have been vastly lighter than it has been for years.
During the last four years the democratic party, which has been in control of the affairs of this State, has shown a disposition to correct existing evils and to inaugurate such reforms as the interest of the country demanded. The exhibition of this spirit has gone far to convince all the people of the State that there is no good to come from divisions and dissensions; but that within the ranks of this party all may come who desire to take part in perfecting our laws and advancing our business interests.
There is no reason to doubt that the same forces which have carried us forward during recent years will continue in the line ofprogress and reform, detecting and eradicating defects and upbuilding every interest which looks to the advancement and progress of all the poople.
I cannot take leave of your body without, through you, extending to the people of Georgia my sincere gratitude for their many kindnesses to me. If, in the discharge of the duties imposed by their partiality, I have in any way contributed to the happiness of the people and the greatness of my State, it is to me a rich reward.
W. Y. ATKINSON, Governor.



THURSDAY, OcTOBER 27, 1898.

43

PRESIDENT's OFFICE, GEORGIA SCHOOL OF TECHNOLOGY,
ATLANTA, GA., OCTOBER 10, 1898. HiB Excellency, Governor W. Y. Atkimon, Atlanta, Ga.:
DEAR Sm-I have the honor to submit, at your request, the following list of donors to the Textile Department of the Georgia School of Technology :

MACHINERY.
T. C. Entwistle, Lowell ............................... $ S. Colvin & Co., Riverpoint, R. I .................... . Easton & Bernham Machine Co., Pawtucket ......... . The Draper Co., Hopedale, Mass ................... Curtis & Marble Machine Co., Worcester............ . Kitson Machine Co., Lowell, Mass ................... . Fales & Jenks Machine Co., Pawtucket.............. . Winship Machine Co.,Oity.......................... . Elliott & Hall, Worcester........................... . The American Drosophore Co., Boston............... A. T. Atherton Machine Co., Pawtucket ............. . Metallic Drawing Roll Co., Indian Orchard ......... . Saco-Pettee Machine Shop, Newton, Upper Falls.... . W. H. Weston, Yarmouthville, Me ............ : ... Lewiston Machine Co., Lewiston, Me ............... . Jones & Laughlin, Pittsburg, Pa.................... .. Providence Machine Co., Providence............... B. F. Sturtevant Blower Co., Boston ................ . Woonsocket Machine & Press Co.; Woonsocket ...... . Whitin Machine Co., Whitinsville, Mass............. . Kilburn-Lincoln & Co., Fall River, Mass............. . Crompton & Knowles Loom Works, Providence .... Fairmount Machine Co., Philadelphia ............... .

40200 5500 200 00 584 80 290 00 900 00 864 60 180 00 250 00 1,600 00 700 00 400 00 1,140 00 200 00 7500 BOO 00 430 00 500 00 550 00 710 00 5500 BOO 00 100 00

Total ................................. $ 10,786 40 Other small equipment and machinery donat\ons will increase this amount to at least $12,000.00.

44

JOURNAL OF THE SENATE.

CASH.
F. Johnson .............................................................. $ D. Donaldson ....... ..... ... ......................................., V. II. Elsas ............................ ~ ........................... E. li. Bacon, Jr .................................................... E. Cahn ............................................................... l'. R. Lamar ........................................................... .. J. 0. Hall ............................................................ J. R. Brumby, Jr..................................................... Aaron French .......................................................... Clarence Knowles .................................................. J. F. Gibbon........................................................... . H. H. Peek..................... ........ ....... ...................... J. C. Garlington .................................. ...:............. B. W. Seawell ....................................................... . W. B. Everett............................................................ W. H. Emerson....................................................... T. P. Branch ................................... :........................ J. H. Jones ............................................................. J. B. Wood ........................................................... R. W. Quick ............................................................ T. M. Gibbes ........................................................... J. 8. Coon ........................................... . P.J. Huson......................................... . J. B. Edwards; ...................................... . H. T. Powell ...................................... . J. A. Sullivan ................................... : ... . J. L. Langston ...................................... . W. C. Weatherly ................................... . F. T. Hardwick ...................................................... J. Mizell ............................................................... B. Pfeiffer .............................................................. .. E. S. Gay ...............................:............................. J. Paulsen............................................................ C. H. Howard ........................................................ E. M. Maclean. .... ............................................... Mrs. R. J. Binford.................................................... Z. D. Harrison .......... ........ ....................................

500 500 1000 500 500 500 500 500 100 00 100 00 1000 500 500 500 500 16 66 1000 10 00 8 33 15 00 500 5000 500 6 66 5 00 500 500 500 500 500 500 500 500 500 500 10 00 500

L THURSDAY, OCTOBER 27, 1898.

W. L. Peel

500

W. G. Logan ...... ........................ ..... ...... . ...............

5 00

J. M. Markely ......... ......... ................. ........ ...... .........

5 00

C. D. Horniker. ...... .. .. . .. ........ ...... ...... ........ .........

5 00

J. C. Kirkpatrick...... ........ ................ ... ... . ....... ...... D. 0. Dougherty ...... ........ . ......... ......... .... . .... ......

10 ol(J 5 00

J. Nutting ........ ...... ..... ......... ......... ..... ... . ... ........

5 00

J. C. Ruse................... ...... . ........ ....... ...... ......... ......

5 (f>

W. C. Davis ...................,..... ....... ...... ...... ......... ......

5 00

0. R. Goette. .... .. ...... ...... ......... ...... ......... ...... ..... .....

5 00

B. A. Guill ......... ........ ......... ......... . .... ........ .........

5 00

E. A. Greene. ........ ...... ........ ...... ...... . ............... .....

5 00

H. L. Smith ........ ...... ...... ...... ....... ....... ......... .... .. . ....

10 00

M. Goldsmith .................................... ...... ...............

10 00

A. R. Colord........ ......... ........ ......... .. .. .... ...... .... .......

10 00

C. B. Little......... .. ...... ...... ......... ...... ...... ..... ... .........

25 00

R. B. Tufts ......... ......... ..... ....... ...... ...... ...... ........

10 00

P. H. Harrison........ ... ...... .. ............: ........ ...........

10 00

Aaron French....................... ...... ...... ......... ...... ........ 2,500 00

H. H. Miles................................... ........ ............ .....

10 00

W. B. Nunnally ........ :. .. .. .. .. .. . . .. .. .. .. .. .. .. .

10 00

J. T. Wikle .............................. ............

10 00

M. Waterman........................................

5 00

M. W. McRae........................................

10 00

W.J.Nalley .................... :...................

1000

J. M. Fischer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 00

Aaron French. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,000 00

City of Atlanta. .. .. .. .. .. .. .. . . .. .. .. .. .. .. . .. .. . .. . 3,000 00

Geo. W.Parrott . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,000 00

- - - - Lyman Hall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50 00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : $10,221 65

Total in cash and Machinery.................... 22,221 60

The donations may be expressed briefly as follows:

Machinery ............................................ $ 12,000 00 Cash ................................................. . 10,221 65

Total ........................................... $ 22,221 M
Very respectfully, LYHAN HALL, President.

46

JOURNEL OF THE SENATE.

PARDONS GRANTED BY THE GOVERNOR.
FELONIES.
Alex W. Wells-Arson. Monroe Superior Court. Sentence, three years. Recommended by Prison Commission. Evidence circumstantial. Granted June 23, 1898.
Oharley Roberson-Manslaughter. J e:fferson Superior Court. Sentence, three years. Recommended by Prison comm1ss10n. Reasonable doubt of guilt. Granted July 1, 1898.
Fred Ellington-Burglary. :Fulton Superior Court. Sentence, twelve months. Recommended by Prison Commission because uf precarious state of health. Granted .July 8, 1898.
Clyde Lovelace-Involuntary manslaughter. Forsyth Superior Court. Sentence, three years. Prison Commission recommends commutation to one year. Granted Aug. 16, 1898..
Hester McFadden-Voluntary manslaughter-Baldwin Superior Court. Sentence, ten years. Recommended by prison commission, judge, solicitor-general, jury and county officers. Granted Aug. 23, 1898.
Ed \Yalker-Murder. ~fuscogee Superior Court. Sentence, life imprisonment. Recommended by Prison Comnussion. Crime probably accidental. Urged by judge

THURSDAY, OCTOBER 27, 1898.

47

and solicitor-general, and many citizens. Granted April 14, 1898.

Jim Oliver-Burglary. Sentence, ten years. Elbert County. Recommended by Prison Commission. Not guilty. Pardoned ay 24, 1898.

Jno. W. Lewis-Murder. Appling Superior Court. Recommended by Prison Commission. Main witness unworthy of credit. Urged by judge, jury and many citizens. Granted June 3, 1898.

W. L. Tillery-Voluntary manslaughter. Laurens Superior Court. Sentence, fifteen years. Recommended by Prison Commission. Main witness for State not reliable. Growing blind. Element of self-defense. Recommended by solicitor-general, county officers and many citizens. Granted June 4, 1898.

J. P. Bryun-Involuntary manslaughter. Superior Court Fulton. Sentence, three years. Recommended by judge, solicitor-general and foreman o jury. Pardoned Dec. 21, 1897.

Wm. Hopkins-Murder. Superior Court Rabun. Sentence, life. Prison commission recommended. Quite young. Committed crime with a rock. Served ten years. Recommended by judge, solicitor-general, county officers, jury and many citizens. Granted Dec. 30, 1897.

Allen Hodges-Forgery. Glynn Superior Court. Sentence, ten years. Recommended by .Prison Commission. Has consumption. Good conduct. Pardoned Feb. 24, 1898.

Calvin Kirkland-Burglary. Heard Superior Court.

48

JOURNAL OF THE SENATE.

Sentence, three years. Recommended by Prison Commission. Recommended by judge and solicitor-general. Granted March 19, 1898.
S. Bradbury-Voluntary manslaughter. Madison Superior Court. Sentence, two years. Very seriously shot when he committed the crime. Very ill in the penitentiary. Sub-committee of penitentiary. Solicitor-genera!, trial jury and grand jury recommend pardon. Pardoned Dec. 9, .189'7.
Rennie Hudson and Albert Smith-Murder. Jointly indicted. Putman Superior Court. Sentence, life. Recommended by judge, solicitor-general) trial jury, grand jury, joint committee of House and Senate. Pardoned Dec. 10, 189'7.
Jim Davis-Assault to murder. Chattooga Superior Court. Sentence, :five years. No one was hurt when the assault was made. Recommended by judge, solicitor-general, foreman of grand jury, trial jury and county officers. Pardoned Dec. 14, 189'7.
Jim Griswold-Murder. Dodge Superior Court. Sentence, life. Recommended by judge, solicitor-general, county officers and many citizens. Good conduct. Sentence commuted Dec. 15, 189'7.

Neal Starks-Murder. Superior Court of Fulton. Sentence, life. Quite young. Killing probably accidental. Recommended by solicitor-general and number of citizens.

Ambrose Harris-Murder. Superior Court of Chatham. Sentence, life. Was quiet and peaceful before crime committed. Killed a notoriously bad c~cter. Element of self-defense. Recommended by solicitor- gen-

...


THURSDAY, OcTOBER 2'l, 1898.

49

-eral, representatives, jury, county and city o:ffic~rs. Bad health. Pardoned Dec. 3, 1897.

L. W. Strickland-V olunrf:ary manslaughter. Pierce Superior Court. Sentence, five years. Protecting his _younger brother when crime was commited. Element of .self-defense. The solicitor-general, judge, grand jury, trial jury, representative and senator, county officers all ;reccommend pardon. Granted Dec. 3. 1897.

Frank Martin-Burglary. Oglethorpe Superior Court. "Recommended by judge and solicitor-general and prosecutor. Granted Dec. 3, 1897.

V. M. Ponder-Murder. Superior Court of Cherokee. Sentence, life. Recommended by jurors, judge, solicitorgeneral, 500 citizens. Testimony of State's witnesses impeached. Good confederate soldier. Pardoned Nov. 16. 1897.

William Hallman-Murder. Oct., 1896. Whitfield Superior Court. Sentence, life. A great deal doubt about guilt. Material witnesses for State all impeached. Recommended by judge, solicitor-general and foreman of jury. Conspiracy against him. Good conduct. Pardoned Nov. 22, 1897.

Ben Humphries-Burglary. Stewart Superior Court. Sentence to penitentiary. Yalue of articles taken very -small. Employ of party whose store was burglarized. "Recommended by senator and representative. Pardoned November 24, 1897.

Scott Wimbish-Burglary. Fulton Superior Court. Sentence, ten years. Recommended by Prison Commission, judge and solicitor-general. Pardoned Sept. 28, 1898.
4 ej

50

JouRNAL oF THE SENATE.

J. "\V. Lee--Assault to murder. Habersham Superior Court. Sentence, thirteen years. Recommended by Prison Commission because of new testimony that tends to. prove guiltlessness. Granted Oct. 7, 1898.

!IISDEMEANORS.

Oscar cMahon-Burglary. Spalding Superior Court.. Sentence, twelve months. Recommended by Prison Uommission, judge and solicitor-general. Granted April 14,. 1898.

John Word-Burglary. Floyd Superior Court. Sentence, twelve months. Recommended by Prison Cimmisswn. In last stages of consumption. Granted April 29,_ 1898.

George Graham-Selling liquor. Bartow SuperiorCourt. Sentence, twelve months. Recommended by Prison Commission on account of death of his wife leaving: 5 children. Urged by judge. Granted May 4, 1898.
Charles Gibby-Selling liquor. Hart Superior Court. Recommended by pris~;m commission. Sentence, commuted to payment $50 and costs. !fay 6, 1898.
A. C. J,ackson-Larceny. Murray Superior Court.. Sentence, one year in chaingang. Recommended by prison eommission because urged by judge. Defendant suffering with chronic pneumonia. Granted May 13, 1898.

W. J. Phiwazee--Selling liquor. City Court of Monroe. Sentence, fine $90 or four months in chaingang. Invalid-large family dependent. Recommended by judgeand solicit(,r-general. Pardoned N ovemb~r 23, 1897.

THURSDAY, OcTOBER 27, 1898.

51

.Alex Brady-Selling liquor. City Court o Laurens. Sentence, nine months in chaingang. Sole support o family. Good conduct. Recommended by judge, county officers, and many citizens. Pardoned November 27, 1897.

Tohn Satterfield-.Assault, three indictments. Lumpkin Superior Court. RecommendeJ by judge and solicitorgeneral and citizens. Granted February 10, 1898.

Kid Lewis-Selling whiskey. County Court o Walton. Twelve months in chaingang. Recommended by Prison Commission. Bad health, and other reasons. Granted March 16, 1898.

Myrtle Blake-Convicted of larceny. Criminal Court .Atlanta. Sentence, $100 or nine months in chaingang. Good conduct. Recommended by judge and solicitor, and chairman committee public works. Pardoned November 3, 1897..

Jno. T. Long-Convicted .April, 1897, Union Superior Court. :Misdemeanor. Sentence, twelve months chaingang. \Veak-minded; terribly diseased. Recommended by senator, representative and solicitor-general. Pardoned November 8, 1897.
Thos. Lockhart-Shooting a pistol on public highway. Sentence to chaingang. Re<',ommended by judge. Pardoned November 10, 1897.

J. W. Raven-Gambling. Clayton Superior Court. Sentence, six months in chaingang. Recommended by mayor and coun<'il o Lovejoy, and many citizens. Pardoned November 13, 1897.

Sigmond Friedman. Forgery. Superior Court o Bibb.

52

JOTRNAL OF THE SENATE.

Sentence, six months. Suffering with epilepsy. Served five months. Pardoned November 12, 1897.

Miles Wall-Misdemeanor. Rabun Superior Court. Sentence, twelve months. Recommended by prison commission. Youth and delicate health. Urged by judge, grand jury, and many citizens. Granted May 17, 1898.

Rafe Ellison-Misdemeanor. Whitfield Superior Court. Sentence, twelve months. Reoommended by judge, solicitor-general and many citizens. Pardoned May 24, 1898.

King Shubrick--Simple larceny. City Court Richmond. Sentence, ten months. Recommended by pardon board; also by judge and solicitor. Granted May 24, 1898.
John Harris--Burglary. -Carroll Superior Court. Sentence, twelve months. Recommended by prison commission. One side paralyzed. Granted May 26, 1898.
George Graham-Misdemeanor. Bartow Superior Court. Sentence, twelve months. Recommended by prison commission, judge, and many citizens. Gmnted June 4, 1898.
Gilbert Raper-Adultery. Forsyth Superior Court. Sentence, twelve months. Recommended by prison commission. Evidence circumstantial. Granted June 4, 1898.
Ed Shipp-Forgery. Coweta Superior Court. Sentence, our years. Recommended by prison commission, prosecutor, judge and solicitor-general. Granted June 10, 1898.
Saunders Wheeler-Assault. Forsyth Superior Court. Sentence, twenty-five dollars, or eight months. Recommended by prison commission, judge, solicitor-general, grand jury, and many citizens. Granted June 21, 1898.

THURSDAY, OcTOBER 27, 1898.

53

Joe Roper-Misdemeanor. Union Superior Court. Sentence, twelve months. Recommended by prison commission, judge and solicitor-general. Granted June 30, 1898.

Edward Clair-Cheating and swindling. Douglas Superior Court. Sentence, six months. Recommended by prison commission. Badly diseased. Granted July 8. 1898.

MISDEMEANORS.
Carey Bennett-Larceny form the house. City Court of Atlanta. Sentence, six months. Recommended by prison commission. Pardoned July 8, 1898.
J. B. Brigg~S-Larceny after trust. Richmond Supenor Court. Sentence, twelve months. Recommended by prison commission. Larceny not intentional. Granted July 27, 1898.
Alfred Bastian-Misdemeanor. Thomas County Court. Sentence, $500, or twelve months. Recommended by prison commission, judge and solicitor-general. Granted August 16, 1898.
Joe Mobley-Misdemeanor. Cobb Superior Court. sentence, six months. Recommended by prison commission, judge, solicitor-geneml. Granted August 26. 1896.
James Varner-Stealing a nde on railroad train. City Court of Newnan. Sentence $25.00 or six months. Young boy, didn't know he was violating law. Granted September 3, 1898.

54

JoURNAL OF THE SENATE.

Gus Rowland-Simple larceny. Greene County Court. Recommended by Prison Commission. Granted September 29, 1898.

Henry Christian-Simple larceny. City Court of Elberton. Sentence, twelve months. Recommended by Prison Commission, judge and solicitor. Granted October 5, 1898.

J. \V. Johnson-Adultery and Fornication. Milton Superior Court. Sentence, twelve months. Recommended by Prison Commission, judge and solicitor-general. Granted October 6, 1898.

B. F. Matthews-Convicted August 1891. Paulding Superior Court. 1-iurder. Sentence, life. Prejudice at time of trial. Asked for by jury, judge and large number citizens. Sentence commuted to ten years, November 6, 1897.
Dock Gross-Convicted February, 1896. Glascock' Superior Court. Burglary. Sentence, four years. Principal witness swore falsely on trial. Recommended by judge and solicitor-general. Pardoned November 6, 1897.
Disley Echols-Convicted Coweta Superior Court, 1889. Infanticide. Sentence, life. Recommended by judge, solicitor-general, every county official and many citizens. Pardoned November 8, 1897.

L. H. Bass-Fornication. City Court Floyd. Sentence, $50.00 and cost or sixty days in jail. Recommended by Prison Commission :and commuted to fine $25.00 December 29, 1897.

T. J. Askew-Selling whiskey. Fayette Superior Court.
Sentence, $200.00 fine. Recommended by Prison Com

THURSDAY, OCTOBER 27, 1898.

55

:1msswn and sentence commuted to fine of $100' .00 and -costs. December 29, 1897.

Edward C. Crawford-Larceny from the house. Ful-ton county. Sentence, three months in county jail, and .$150.00 fine. Recommended by Prison Commission. Quite young. Honest parents. Loser of goods recommends pardon. Sentence commuted to three months in jail, February 3, 1898.

Thos F. Allen-Murder. Bibb Superior Court. Sentence, death. Prison Commission recommends comrnutation. In state of complete intoxication when crime com-mitted. Seemed to be no malice. Recommended strongly "by judge, solicitor-general, majority of jury. Largest peti-tion from citizens ever presented at executive office. Sentence commuted to life imprisonment February 9, 1898.

-George Gill-Murder. Troup Superior Court. Sen-tence, death. Recommended by Prison Commission. Crime committed during a fight. Voluntary manslaugh-ter. 'Weapon used, not one usually likely to produce death. :Recommended by solicitor-general and county commissioners. Sentence commuted to life imprisonment February :9, 1898.

Dave :Mallard-Misdemeanor. Two indictments. Sen-tence commuted upon recommendation of Prison Commis:.sion to fine of $100.00.

W. A. Williams-Assault and Battery. C1ty Court Fulton county. Sentence six months in jail. Recommended by Prison Commission. Sentence commuted to :two months in jail March 1, 189R.

Truman Crow-Selling whiskey. Forsyth Superior

56

JouRNAL oF THE SENATE.

Court. Sentence, twelve months in chaingang. Recommended by Prison Commission on various grounds and sentence commuted to seven months March 9, 1898.

"\V"illiam Smith-Murder. Troup Superior Court. Sentence, death. Recommended by Prison Commission forfollowing reasons: Beastly state of intoxication when: crime committed. No malice. Previous good character~ Probably accidental. Recommended by judge and solicitorgeneral and many citizens. Commuted to life imprisonment :March 10, 1898.

John 0. Patterson-Simple larceny. City Court of Atlanta. Sentence, $50 and costs or three months. Recommended by prison commission because of youth. Asked for by prosecutor. Commuted to $50 and costs or thirty days in jail.
H. I. Akin-Selling whiskey. Paulding Superior Court~ Sentence, $200 and costs, or twelve months in chaingang.. Recommended by prison commission because defendant poor man with large family. First offense. Recommended by county officers, judge and many citizens. Commuted to $100 fine March 19, 1898.
william E. Saunders-Larceny from the house.. Fulton Superior Court. Sentence, three years. Recommended by Prison Commission because of good conduct,. recommendation of prosecutor, the grand jury, trial jury,. municipal officers of Atlanta, county officers, one-half members of legislature. Granted March 28, 1898.
Henry Sims-Larceny from the house. Fulton Supe-rior Court. Sentence, two years. Recommended by Prison Commission and sentenc_e commuted tQ Qne year_ March 28, 1898.

THURSDAY, OCTOBER 27, 1898.

5'T

Elizabeth Nobles-M1uder. Twiggs Superior Courtr Sentence, death. Recommended by Prison Commissionr Either insane or very weak-minded old woman. In::.--anityin family. Been treated badly by her husband. Sentencecommuted to life imprisonment March 31, 1898.
Oscar Peak-Carrying concealed weapons. FultonSuperior Court. Sentence, twelve months in chaingangr Recommended by Prison Commission. Sentence commuted to two months in clmingang April 2, 1898.

Gus Fambles-Murder. Twiggs Superior Court. Sentence, death. Jointly indicted with Mrs. Nobles. Recommended by Prison Commission because of commutation of Mrs. Nobles. Commuted to life imprisonment April 7r 1898.

Essex Jones-Burglary. Randolph Superior Courtr Sentence, five years. Recommended by Prison Commission because asked for by judge and prosecutor. Defendant old man. Commuted to three yE>..ars and ten months. April14, 1898.

Wm. J. Crow-Selling liquor. Forsyth Superior CourL Sentence, aggregates $1250 or five years in chaingang. Recommended by Prison Commission. Commuted to fine of $150.00 or three months May 17, 1898.

Warren Hightower-Larceny. City Court of Atlanta. Sentence, $50.00 and costs or twelve months. Recommended by Prison Commission and judge and solicitor. Commuted to payment of $50.00 August 16, 1898.

GeorgeDillard-Misdemeanor. Houston County Court. Sentence, $30.00 fine or twelve months in chaingang.

-58

JOURNAL OF THE SENATE.

Recommended by Prison Commission. Commuted to payment of $30.00 August 22, 1898.

William Billings-Stabbing. Fulton Superior Court. Sentence, twelve months in chaiugang, six months in jail and $1000 fine. Recommended by Prison Commission and judge. Commuted to twelve months in chaingang and six months in jail August 23, 1898.

E. F. Shewmake--Concealed weapons. 1.1:onroe Supe-

rior Court. Sentence, fine $250.~0 and costs. Recom-

mended by Prison Commission, solicitor-general, county

.and city officers. Commuted to $60.00 and costs August

26, 1898.

RESPITES.

Gus Fambles-1.1:urder. Hespite granted November 17, 1898.

Grady Reynolds-1.1:urder. Hespited 30 days until case ()f Brooks could be heard in Suprem.e Court December 1, 1897.

To~p. Cyrus-Murder. Fulton Superior Court. Respite thirty days granted December 22, 18::J7.

Tom Allen-Murder. Bibb Superior Court. Respited until February 11, 1898. December 24, 1897.

Gus Fambles-Murder. Twiggs Superior O:mrt. Respited until February 11, 1898.

William Smith-Murder. Troup Superior Court. Respited until February 25, 1898, for further investigation.

Gus Fambles-Murder. Respited until March 18, 1898. Mrs. Nobles-l\furder. Respited until April 1st, 1898,

THURSDAY, O(,'TOBER 27, 1898.

59

.so that a full commission could act on her case. l.larch 22, 1898.

John Weaver-Rape. Upson Superior Court. Sentence death. Respited until July 1, 1898, for further investigation.

John weaver-Rape. Upson Superior Court. Sentence death. Respite granted for further investigation, -July 1, 1898.

John weaver-Rape. Respited until July 1, 1898.

REMOVAL OF DISABILITIES.

Jefferson Waters-Robbery. Chatham Superior Court. Sentence, six years. Recommended by Prison Commission on account of good conduct since. Disabilities removed March 16, 1898.

Greene Hardin-Simple larceny. Rockdale Superior Court. Sentence, twelve months in chaingang. Recommended by Prison Commission for subsequent good chru_acter March 19, 1898.

Joseph Seales-Assault to murder. Chatham Superior Court. Sentence, six years in penitentiary. Sentence discharged. Recommended by Prison Commission. Disabilities removed May 24, 1894.

G. W. Spratlin-Forgery. Fulton Superior Court. Sentence, five years. Recommended by Prison Commissl'On. Upright citizen. Disabilities removed May 24, 1898.

Columbus Scott-Cattle stealing. Thtldwin Superior Court. Discharged sentonce. Good citizen. Recommend-

60

JOURNAL OF THE SENATE.

ed by prison commission. Disabilities removed August 16, 1898.

John Bell-Misdemeanor. Served sentence m chaingang. Disabilities removed November 8, 1897.

Fayette Smith-Misdemeanor. Paid fine. Disabilities removed November 8, 1897.

Rufus Lumpkin-Misdemeanor. Discharged his sentence. Disabilities removed November 8, 1897.
Robert Cowan-Misdemeanor. Discharged sentence. Disabilities removed November 8, 1897.
Alonzo Jones-Misdemeanor. Discharged sentence. Disabilities removed November 8, 1897.
Goo. Jenkins-Misdemeanor. Discharged sentence. Disabilities removed November 8, 1897.
Jake Barrett-Misdemeanor. Discharged sentence. Disabilities removed November 16, 1897.
W. G. Fairchild-Voluntary manslaughter. Served out sentence. Disabilities removed December 8, 1897.
Andrew Lawrence-Assault to murder. Bibb Superior Court. Sentence, three years. Recommended by prison commission. Disabilities removed February 18, 1898.

RECAPITULATION.
Felonies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Misdemeanors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Commutation of Sentences. . . . . . . . . . . . . . . . . . . . . . . 25 Respites ..................................... 11 Disabilities removed. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Total granted ........................... 108

THURSDAY, OCTOBER 27, 1898.

61

The following bill was read the first time, to wit:

m By Mr. McLester the Twenty-fourth district-
A bill to provide fur a Board o.f Equalization of real and personal property swbjoot to taxation in this State.

Referred to Committee on Finance.

By order of the President, the Governor's Message was taken up and read.

The following resolutions were read and adopted.

By Mr. Humphries-
Resolved by the Senate, That the President be, and he
m is hereby authorized to appoint a committee five to pre-
pan-e rules to govern this body, and that the President, Hon. Wm. .A. Dodson, act as ex--officio chairman.

The following resolution was adopted:

By :Mr. Terrell-
Resolved, That the elootion returns for Governor and State House officers, which have been transmitted by the Secretary of State to this body, be immediately trans-
mitted to the House m RepresentaJtives, as provided by
law.

The President appointed the following Committee on Rules:

62

JouRNAL oF THE SENATE.

Mr. Dodson, <'Jhairman ex-officio, Mr. Humphries, M:r. Fouche, Mr. Redding, 1.1:r. Wast and Mr. Little.

Mr. Terrell moved that 500 copies of the Governor's Message be printed for the use o the Senate; which motion was lost.

Mr. West moved to recoosider the a<'Jtion of the SenatE> on defeating the motion to print 500 copies of the Governor's Message; which motion was carried.

Mr. West also moved to amend <bhe resolution by striking 500, and inserting 200.

The amendment was agreed to, and the reeolution was adopted.
Senator Gross was granted leave of absence for the remainder of this week.
The hour of 11 o'clock having arrived, the President ann<mnced that the time of meeting in joint session had arrived, and 1the Senate would repair to the House of Repre sentatives.
The Preeident anrl Secretary, follo'Wed by the Senart:ors, proceeded to the Hall of the House of Representatives, where being announced by the Doorkeeper, they were received by the House of Representatives standing.
The President took the chair and called the General Assembly to order.

THURSDAY, OCTOBER 27, 1898.

6~

The Clerk of the House, by dirooti:on of the President,. then read the joint resolution by authority of which thejoint session was cO'llvened.

1t was move-d and seconded that the "presiding office1~ appoip..t _tell'CTS to open, count and doolare the votes cast at the late el~tion for Governor and State HOIUSe officers;. one from the Senate and two from the House.

The motion prevailed and the President appointed as tellers, on tihe part of the Senate, Mr. Brannen, and on thepart of the House, Messrs. Bower and Copelrand.

The business of the joint session was commenced and proceedoo with until 1 o'clock p. m., when, on motion, the General Assembly was dissolved until 3:05 o'clock p. m.1 when the pending buainess would be resumed.

The Senators returned to the Senate Chamber and werecalled to order by the President.

Upon motliO'll of Mr. Steed, the Senate adjourned until 3 o'clock p. m.

The Senate met pursuant to adjournment, at 3 o'clock; was caned to order by the President.
Upon motion of Mr. Mann, the roll call was dispenseI with.

JouRNAL OF THE SE~ATE.
'11he hour of 3 :05 o'clock having lllrl'ived, the Senat~ repaired to the Hoose, and being rooeived by the House of Represenit.ati'Ves, the PreSiidenJt calLed the General A~ ,sembly to order.

The unfinished business of the morning was resumed ~and proceeded witlh until the votes cast for Governor and ..State House officers were opened and counJted.

The President then announced that for the office of -Governor, the Hon. A. D. Candler had received 117,455 votes, and the Hon. J. R. Hogan had received 50,841 -votes. He then declared that the Hon. A. D. Candler, having received a majority of all the votes cast, W8S duly ~lected Governor of the State of Georgia for the ensuing term.

The Hon. Philip Cook, for Secretary of State, received 118,818 vots, and the Hon. L. 0. Jackson, 49,080. The President declared that the Hon. Philip Cook, having re-ceived a majority of all the votes cast, was duly elected .Secret.ary of State for the ensuing term.

The Ron. \V. A. wright, for Comptroller-General, re-

-ceived 118,902, and the Hon. Ben Milliken, 48,925 votes.

The

President

declared

the

Hon.

W.

A.

Wright'

havin(J' ~

received a majority of all the votes cast, was elected Comp-

troller-General for the ensuing term.

The Hon. \Vm. J. Speer, for Treasurer, received 118,-
9.90 votes, and the Hon. J. H. Traylor, 49,112 votes. The

THUBS.DAY, OcToBER ~7, 1898.

66

:Presidellit declared the Ron. Wm. J. Speer duly elec!l:ed 'Treasurer for the ensuing term.

The Hoo.. J. M. Terrell, for Attorney-General, received "119,078 votes, and the Ron. Felix M. Oobb, 49,056 votes. "'.Dhe President declared the Ron. J. M. Terrell elected .Attorney-General for the ensuing tenn.

The Ron. 0. B. Stevens, for Commissioner of Agricul-

ture, received 118,846 votes, and the Ron. A. H. Tally

:received 48,861 votes. The PresHlent d~lared the Hoi).

.0. B. Stephens duly elected Commissioner of Agric~a

'

.

:for the ensuing tenn.

The Ron. G. R. Glenn, for State Sehool Commissioner, "l"eeehed 117,854 votes; the Ron. B. M. Zetler received 49,360 votes. The P.resident doolared the Ron. G. R. Glenn duly elooted State School Commissioner for the .ensuing term.
The Ron. J. -S. Turner, for Prison Commissioner, re.ceived 117,854 votes, ~nd the Ron. J. S. Devitt received 49,231 votes. The President declared the Ron. J. S. 'Turner duly elected Prison Commissioner for the ensuing -term.
The business for which the General Assembly had con -vened in joint s~on having been completed, the same was .dissolvOO. by motion of Mr. Copeland.

Whereupon, the Senate rj:lturned to its Chamber and was called to order by the President.
Upon motion of Mr. Steed, the Senate adjourned_until io--morrow mornO.ng at 10 o'clock.
5 j

66

JoURNAL OF THE SENATE.

Seoote Chamber, Atlanta, Ga., . October 28, 1898.
The Senate met pursuant to adjournment; was called! to order by the President.

~rayer was offered by the Chaplain.

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

Blalock, Brannen, Bunn, Clifton, Daniel, DaviLa, Dilkerson, Dowling, Fouche, GreenP, Grovenstein, Hand, Heard, Hodge, Hnmphreys,

Johnson, .Kin!!, Lang, Little, 1\:lann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, PassmorP, Perkin!", Rawling, Rt>dding,

Those absent were Messrs.-

Gross.

Steed,
Su~ton,
l'erreH, Thompson, Thrasher, Underwood, WPbb, West, Wight, Wilcox, Wingfieltl, Wood, Mr. President.

The Journal of yesterday w.as read and approved.

The follmving message was ;received from the House through Mr. Boifeuillet, the Clerk thereof:

FRIDAY, 0CTOBER~28, 1898.

67

Mr. President:
The House has adopted the following joint resolution in which t~e con~urrence of the Senate is asked, to wit:

A resolution, That a com:m!ittee of five frDm the House and t~ree frDm the Senate be appOinted to make all arrangements for the inaugural. ceremonies, and has ap pointed upon rt:-he part of the House Messrs. Knowles of Fulton, Smith of Hall, Johnson of Floyd, Emanuel of Glynn, and Reynolds of Richmond.

The House has also concurred m the following jo.im resoll).tion of the Senate, to wit:.

A reso1ution, Appointing a joint committee to investigate what judicial officers are to be elected by the present General Assembly, and has appoinlted upon the part of the Hoose, Messrs. Lang of Terrell, Moore of Carroll and PaTk of Green.
Upon motion of Mr. Fouche, the following House resolution was concurred lin:
Resolved, That a committee of five from the House and three fr<m1 the Senate be appointed to arrange for the inaugural. ceremonies.
The commi<btoo on the part of the SenaJte are Messrs. Fouche, Bunn and Th()IIllpson.

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

68

JoURNAL OF THE SENATE.

Mr. President:

I am directed by the Governor to deliver to the Senate a sealed communication to which he respectfully invite<:> the consideration of your honorable body in executive
SessiOn.

Mr. Hand was granted leave of absence for to-day and to-morrow.

The privileges of the floor were extended Ron. Nelson Tilley and James W. Darvict during their stay in the city.

Also to the Ron. J. T. Beard, during his stay in th~ city.

This being the regular day for the introduction of ne;v matter, the following bills were read 1:he first time, to wit:

By Mr. Redding of the Twenty-second district-
A bill to revise the election laws of this State, and to provide the manner of holding such elections.

Referred to Committee on General Judiciary.

Also, by Mr. Davis of the Thirty-seventh district-
A bill to repeal :an act approved December 15, 1896, to amend section 1656 of the Code of 1882.

Referred to Committee on General Judiciary.

FRIDAY, OcToBER 28, 1898.

69

Also, by Mr. Underwood o the Thirty-second distri<'lr-

A bill to amend section 341 o the Penal Code o Georgia.

Referred to the Committee on General Judici'MJ.

Ad; 10:45 o'clock .the Senate went into executive seeaion.
Upon m:otion o Mr. West, the Senate took a recess subject .to the call o the President.
The President called the Senate to order.

Mr. Underwood, of the 'l'hirty-sooond d~strict, chairman of the commibtee to ascertain what judicial offi.oors are to be elected by the P!"esent General Assembly, submitted the following report:

Mr. President:
The joint committee appointed to inquire into and .re port what officers are to be elected 1by the General .Assembly, find rthat the foH.owing Judges and Solicitors General are to be elected by this 1body for the terms herein stated, to wit:

Augusta Circuit-Judge to be elected for full term.
.AJtlantic Circuit-Judge to be elected for full term. S'olicitors Gen'1ral to be elected or full term.
Brunswick Circuit-Judge to be elected for full term.

70

_JOURNAL OF THE SE.SATE.

Flint Oircuit-Judge to be elected for unex<pired term. Judge to be elect~ for full term.

Macon Circuit-Judge to be elected for full term.

:Middle Circuit-Judge to be elected for full term.
Northeastern Circuit-Judge to be elected far full term. Solicitors General to be eleoted far full term.
Ocmulgee Circuit'--Judge to be elected for full term.

Pataula Circuit-Judge to be elect.ed for full term.

Rome Circuit-Judge rto be elected for full term.
Tallapoosa Circuit-Judge to be elected for full term. Solicitors Gener-al to be elected for full term.

Western Circuit-Judge to be elected far full term.
Southern Circuit-Judge to be elected for full term.
Respectfully submitted.
J. W. UNDERWOOD, Chairman Senate Committee. W AJ,TER E. STEED.
J. A. LAING, Chairman House Committee. J. B. PARK, JR., J. M. MOORE.

FRIDAY, OCTOBER 28, 1898.

71

Mr. Fouche, chairman of the committee appointed on 'the part of the Senate to arrange for the inaugural cere:monies, submits the follawing report:
.Mr. President:
The committee to which was refer.red the arrangements :for the inaugural ceremonies, begs leave to report, th'at :a:fter a conference with Governor elect Candler, who expressed :a preference for a simple and unostentatious inauguration, and desiring not to have any more elaborate cere:monies than is consistent mth democratic simplicity,

Therefore, Your oommittee recommends that the Senate :and House meet in joint s~on in the h'all of the House of RepresentativM to-morrow at 12 o'clock m., 29th of Octolber, 1898, for :the purpose of inaugurating the Hon. .Allen D. Candler as Governor of Georgia for the term of :two years.
R. T. FOUCHE, Forty-second district, J. K. THOMPSON, Thirty-third district,
,V. C. BUNN, Thirty-eighth district,
Committee.

'The above report was adopted.
The following resolution was read and adopted:
=By Mr. Mann of the Forty-fourth district-
:Resolved, That the Doorkeeper of the Senate be authorill:ed to appoint the usual nrnnber a assistant doorkeepera :for the present session.

72

JOURNAL OF THE t:;ENATE.

The following bill was read the first time:

By Mr. MannA bill to amend section 3950 of the Civil Code of 1895.-

Referred to Oommittee on General.Tudiciary.

Upon motion of Mr. West, the Senate adjourned unti[ to-morrow at 10 o'clock.

Senate Chamber, Atlanta, Ga., Saturday, October 29th, 1898.

The Senate met pursuant to adjournment, at 10 o'clock~

Was called to order by the President.

Prayer was offered by the Chaplain,

Upon the call of the roll, the following members an-swered to their names.

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickeson, Dowling, Foucht>,

.Johnson, King, Lang, Littlf', Mann, Morrison, Moye, McGehee, McLester,

Rfdding,
~teed,
Sutton, Terrell, Thompson, Thntsbt:r, Underwood, Webb, West,

SATURDAY, OCTOBER 29, 1898.

73

Greene, Grol'ensteio, Ht>ard, Hodge, Humphreys,

NEsbitt, Odom, Passmore, PerkinP, Rawlings,

Wight, Wilcox, Wingfield, Wood, !\fr. President.

Those absent were Messrs.-

Gross,

Hand.

The Journal of yesterday was read and approved.

Mr. West moved that as Mr. Thompson, who is on the committee to arrange for the inaugural ceremonies, was. out of the city, the vacancy be filled by appointment of th& chair.
The President appointed Mr. Perkins to fill the vacancy.
The foUowing resolution was read' and adopted:
By Mr. Morrison_;

Resolved, That .the :Messenger of the Senate be authorized to appoint an assistant doorkeeper for the rear door of the messengers room.

Upon motion of }fr. Te:rrell, the Senate took a recess for thirty minutes.

Thirty minutes having expired, the President called the Senate to order.

Mr. 1Jumphries, Chairman of the Committee on Rules, submits the following report:

74

JouRNAL oF THE SENATE.

Mr. President:

The Committee on Rules begs leave to make the following report:

1st. To eliminate from the list of Committees of -the last General Assembly the Committee for the Relief of th,~ .Supreme Court.

2nd. The committee recommends the creation of a committee to be known as the Committee on the Constitution.

3rd. The ;adoption of the rules of the last General At..sembly, with the changes herein recommended.

Respectfully submitted. W. S. HUMPHRIES, Chairman.

The above report was agreed to.
The following communication was received from his Excellency, the Governor, through Mr. vVarren, his Secretary, to wit:
Mr. President: I am directed by the Governor to deliver to the Senate
a sealed communication, to which he respectfully invi!tes the consideration of your honorable body in executive session.
At 10:50 o'clock the Senate went into executive session.

SATURDAY, OCTOBER 29, 1898.

75

Upon motion of ::M:r. Blalock, the Senate took a recess -until 20 to 12 o'clock.
Art 11:40 o'clock the President pro tern. called the Senate to order.

AJt 12 o'clock meridian the President called the Senate to order, and announced that the time had arrived for the two Houses to meet in joint session for the purpose of in:augurating the Governor elect, and the Senate in a body, preceded by its Presidoot tand Secretary, repaired to the Representative Htall. Being announced by the Doorkeeper, they were received by the House standing.
The President of the Senate took the chair and called the General Assembly to order.

The Secretary ()i the Senate, by direction of the Presi-dent, read the joint resolution under authority of which the two houses ha:d convooed in joint session.
The presence of the Governor elecl at the door of the Representatives Hall was announced by the Doorkeeper, who was instnmted to admit him and his attendants.

The Governor elect with the Gov;ernor, preceded b:v the joint committee and f()llowed by many distinguished <lfficers and citizens, was received by tthe House of Representatives.

The Governor elect, Hon. Allen D. Candler, was conducted to the Speaker's desk and was introduced by the Hon. Wm. A. Dodson, President of the Senate.

/

76

JoURNAL OF THE SENATE.

He then proceeded to deliver his Inaugural Address, at the close of which he signified his readiness to take theooth of office. The same being administered by the Ron. Chief Justice Simmons.

Ex-Governor Wm. Y. Atkinson, with appropriate re-marks, then delivered to his Excellency, Governor Allen D. Candler, the Great Seal of the State, by whom it was. !in turn delivered to the Ron. Wm. Olifton, Secretary of Stat-e.

The inaugural ceremonies being over the joirut session, of the General A-ssembly was, on motion of Mr. Knowles. dissolved.

The S-enate then returned to its Chamber and was calletf to order by the President.
The Ron. Wm. Clifton not having taken the oath asSenator from the Second S-enart;orial district, presented himself and the oath was administered by the Hon. J no. S.. Candler, Judge of 'the Stone Mountain circui-t.
Leave of absence was granted Messrs. Little and West until Wednesday next on important business.

Upon momon of Mr. Wingfield the Senate adjourned until Monday at 12 o'clock.

MoNDAv, OCToBER 31, 1898.

77

Senate Chamber, Atlanta, Ga., 12 o'clock m., October 31st, 1898.

The Senate met pursuant to adjournment; was called to <Order by the P.resident.

Upon the call of the roll the following members an'swered to their names:

Blalock,
"Branuen,
Bunn, Daniel, Davis, Dickerson, Dowling, Fouchl', Greene, Gross,
~rovenstein,
Hand, Heard, Rodge;

Humphreys, Johnson, King, I..ang, Mann,
~Oyl',
Mt--Gehtoe, McLE'IIter, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Tbompt!OD, Thrasher, Underwood, Webb, Wight, Wilcox, Wingfielrl, Wood, Mr. President.

ThOBe absent were Messrs.-

<Clifton, Little.

1\Iorrison,

West,

The Journal of Saturday was read and approved.

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

78

JOURNAl, OF THE SENATE.

Mr. President:

The House has passed the following joint resolution" in which the concurrence of the Senate is asked, to wit:

A resolution, That the House and Senate convene in joint session to-day at 12:15 o'clook, for the purpose o.f elooting Judges. and Solicitors Ge:p.eral.

The following House resolution was read and concurred in:

Resolved, That the House and S~nate convene in joint session at 12:15 o'clock, for the purpose of electing Judges. and Solicitors General.

The following resolution was read and adopted.

By Mr. Blalock-
Resolved, T.hat on account of the Senators from the Fourteenth, Nineteenth, Twenty-eighth, Thirtieth and Third distll'icts being unable to hear the proceeding~:~ of the Senate, that their seats be moved in front of the President'~ desk.

Under the regular order the list of Senators was called for the introduction of new matrt:er, and the following bills were read the first time:
By :Mr. Davit~ of the Thirty-seventh district-
A bill to repeal an act approved December 17th, 1894, to prmide for the r~istr.ation of vaters in this State.

Referred to General Judiciary Committee.

MONDAY, OCTOBER ~1, 1898.

79-

At 12:15 o'elock p.m. the Preaident announiCed that thetime for the two bodies to meet in joint session had arrived.

The Senate in a body, preceded by its President and Seeretary, repaired to the Representatives Hall, and beingannounced by the Doorkeepeer were received by the Housestanding.
The President took the .chair and called the General" Assembly. to order.
Whereupon, the Cle.rk, by direction of the Presidentrread the joint resolution under authority of which the joint session was convened.
The business of t~e joint session, viz., the electiO'll of Judges of the Superior Courts and Solicitors General, was proceeded with, wath the following resu1ts, to wit:
The Hon. Chas. G. Janes was elected Judge of theTal1apoosa ei:J.'Cuit for the full term of four years, from. January 1st, 1899.

Upon motion of Mr. Blalock, the joint session was dis-solved until 2:05 o'clock p. m.

The Senate returned to its Ohaa:nber, and was called- tJo. order by its President.
Leave of absence was granted to Messrs. Clifton, Terrell and Morrison.
Upon motion of Mr. Blalock, the Senate adjourned' until 3 o'cl0ck p. m.

.80

JouRNAL OF THE SENATE

3 O'clock P. ::M.
The Senate met pursuant to adjournment at 3 o'clock; -was called to order by the President.
Upon motion of Mr. Terrell the roll call was dispensed -with.
At the hour of 3:05 o'clock p. m., the Senate in a body "Tepaired to the haU of the House of Representatives, and l>eing reeeived by the House, the President took the chair ~nd called the General Assembly to order.
The unfinished business of the morning was resumed, :and the :following officers were elected:
Hon. A. H. ~-Iansell was elected Judge of the Southern Oireuit fur the full term af four years from the 1st day of .January, 1899.
The Hon. R. B. Russell was elected Judge of the Western Circuit for the ful.l term of four years, from January 1st, 1899.
T:he lion. vV. lL Henry was elected Judge of the Rome Circuit for the :full term of four years, from Ja.n'Uary 1st, "1899.
The Hon. H. C. Sheffield was electro Judge of the Pataula Circuit for the full term of four years, from the 1st of .January, 1899.

MoNDAY, OCTOBER 31, 1898.

81

The Hon. J no. C. Hart was elected Judge of the Ocmulgee Circuit for the full term of four years, from J anuM"J 1st, 1899.

The Hon. J no. B. Estes "-'laS elected Judge of the Northt'astcrn Circuit for the full term of fO'Ur years, from the 1at day of January, 1899.

The Hon. B. D. Evans was elected Judge of the Middle Circuit for the full term of four years, .rom January 1st, 1899.

The Hon. \V. T. Roberts was elected Solicitor General of the T~llapoosa Circuit .or the full term of four years, from January 1st, 1899.

T'he Hon. W. A. Charters was elected Solicitor General of the Northeastern Circuit for the full term of four years, from January 1st, 1899.

Upon motion the joint session was dissolved; to meet again to-morrow morning at 10:30 o'clock.

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

Upon motion of Mr. McGehee the Senate adjourned until to-morrow morning at 10 o'clock.

6 SJ

82

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Ga., November 1st, 1898, 10 o'clock a.m.
The Senate met pursuant to adjournment; was called to order by the President.

Upon the call of ;the roll the following members answered to their names:

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Hand, Heard, Hodge,

Humphreys, Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins,

Rawlings,
Reddin~r,
Stefd, Sutton, Thompson, Thrasher, Underwoo,J, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. Presidt'nt.

Those absent were :Messrs.-

Terrell.

The J onrnal of yesterday was read and approved.

The following bill was read the first time, to wit: By Mr. Humphries-
A bill to amend sooti~n 2195 of the Code of Georgia, relative to the building of depots in this State.

TUESDAY, NOVEMBER 1, 1898.

83

Referred to Committee on General Judiciary.
, The following resolution wa~ read:
By Mr. King-
Resolved, Thwt the Secretary of the Seoote be authorized to appoint an assista:rut doorkeeper for the cloak room.

Upon motion of Mr. Humphries, this resolution was referred to a committee of three, consisting of :Messrs. Humphries, King and Steed.

A communication from the Georgia Bar Association wa~ read, relative to the reform of criminal procedure in thi::: State.

And was referred to the General Judiciary Committee.

The hour of 10:30 having arrived, the Senate in a body repaired to the hall of the House of Representatives, all!l being received by the House, the ::!?resident took the chair and called the General Assembly to order.
The unfinished business of yesterday was resumed, ancl the following officers were elected:
The Hon. E. S. Brinson was elected Judge of the Augusta Circuit for the full term of four years, from the first of January, 1899.

The Hon. "\V. H. Felton was elected Judge of the Maron Circuit for the full term of four years, from the first of January, 1899.

.84

JOURNAl- OF THE SENATE

The Hon. J os. W. Bennett was elected Judge o the Brunswick Circuit for the full term of our years, from January 1st, 1899.
The Hon. Paul E. Seabrook was elected Judge o the
Atlantic Circuit for the full term of four years, rom Jannary 1st, 1899.

The Hon. E. J. Reagan was elected Judge of the Flint Circuit for the unexpired term; also for the full term o four years, rom January 1st, 1899.

The Hon. Livingston Kennon was elected Solicitor Geneml of the Atlantic Circuit for the full term o our years, from January 1st, 1899.

Upon mation o Mr. :Fouche, the joint session was dissolved.

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

Leave of absence was granted Messrs. Nesbitt, Morrison and }!ann, on account of sickness.

Upon motion o Mr. Brannen the Senate adjourned until to-morrow at 10 o'clock.

WEDNF..SDAY, NOVEMBER 2, 1898.

85

Senate Chamber, .A.Jtlanta, Ga., 10 o'clock a. m., November 2, 1898.

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

Upon the call of the roll, the following members an swered to their names:

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Gteene, GrosE', Grovenstein, Hand, Heard, Hodge,

Humphreye, Johnson, King, Lang, Little, Mann, Morrison, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-
Moye.

The Journal of yesterday was read and approved. This being the regular day for the introduction of new matter, the following resolution was read: By Mr. DickersonResolved, That when the General Assembly adjourn on

86

JOURNAL OF THE SENATE.

Saturday, November 5, to take a recess until Wednesday, November 9th, for the purpose of voting for Congressmer;. in thris State, and the time loot not to be counted in the fifrty days now allowed by law.

Upon motion of :Mr. King the resolution was referred to a committee of three.

The President appointed the following committee: Messrs. King, Dickerson and \Vest, and this committee was to report on it immediately.

By ~Ir..MannA bill to fix the mode of nominating Judges of the
Superior Court and Solicitors General in this State.
Referred to Committee on General J udie>iary.

By Mr. MannA bill to amend section 1115 of the Code of 1895. Referred to Committee on General Judiciary.

By Mr. Perkins-
A resolution, Appointing a committee of th~ee from the Senrute and five from the H()l\lse to visit some State where the Australian ballot system is used and report their observations.

The resolution was lost.

WEDNESDAY, NovEMBER 2, 1898.

87

Mr. King, chainnan of the committee to report on th(' resolution to adjourn Saturday, November 5th, until Y\Tednesday, :Novem'ber !)th, submitted the following report:

Jfr. President:
The committee have had under consideration the following resolurt:ion, to wit, which they direct me to report baci, to the Senate with the recommendation that same do pas~, to wit:

Resolved, That the General Assembly adjourn on Saturday, November 5th, and take a recess until Wednesday, November 9th, at 12 o'clock m.

This report was adopted.

Mr. Brannoo gave notice that at the proper time he would move to reconsider the <action of the Senrute in defeating the resolution appointing a committee of three from the Sooate and five from the House to investigate the Australian ballot system.

Mr. Wight moved to amend the resolution adjourning from Saturday until Wednesdily next, by striking 9 o'clocK. and inserting 12 o'clock m., which amendment was adopted.

Mr. Humphries, chairman appointed to ascerta.in the necessity of an extra doorkeeper for the cloak room, suhmiJtted the following report:

88

JouRNAL 'oF THE SENATE.

Mr. President:
The committee appointed to consider resolution Xo. e,
authorizing the doorkeeper to appoint an assistant doorkeeper for -the cloak roO'Ill, instruct me as chairman to report the same back to the Senate wirth the rooommendation that it do not pass.
Re;rpectfully submitted.
W. S. HUMPHRIES, Chairman.
The above report was agreed to.

The following House resolution 'vas read and concurred in:

By Mr. Johnson of Floyd-

A resolution inviting Hon. Daniel C. Gilman and Hon. William L. Wilson, Presidents of John Hopkins and Wash ington and Lee Universities, to address the General Assembly in the hall of the House of Representatives, Thursday evening at 8 o'clock.
Upon motion of :Mr. Fouche this resolution was immediately returned to the House.
The following message was received from the Home through Mr. Boifeuillet, the Clerk thereof:

_lfr. President:

The House has passed by the requisite constitutional majority, ayes 112, nays 0, the following House bill, to '"-it:

\VED~ESDA Y, NOVEMBER 2, 1898.

89

A bill to be entitled an act to cede to the Government of the United States of America jurisdiction in certain lands upon which to establish a fishery in Meriwether county, and for other :gu:rpoees.

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

A resolution inviting the Hon. Daniel C. Gilman, President of John Hopkins University, and the Ron. William
L. Wilson, President of was>hington and Lee University,
to address the General Assembly of Georgia in the lw.ll of the House of Representatives on Thursday evening next at 8 o'clock.

By Mr. Mullin&-----
A bill ceding to the United States certain lands in Meriwether county, to establish a fishery.

Referred to Oommit.tee on Special Judiciary.
Leave of a:bsence wru; granted Messrs. Wingfield and Moye from t<rday's session; also Mr. Humphreys.

Upon motion of Mr. West, tJhe Senate took a recess, subject to the call of the chair.

The &nate was called to order.

Upon motion of Mr. Heard, the Senate adjourned until to-morrow morning at 10 o'clock.

90

JouRNAL OF THE SENATE.

Senate Chamber, Atlanta, Ga.~ 10 o'clock a. m., November 3, 1898.
The Senate met pursuant to adjo~rnment, was called oo
order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll, the following members answered to their names.

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Gro@s, Grovenstein, Hand, Heard, Hodge,

Humphrey>~,
Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt,. Odom, Passmore, Perkins,

RawlinW~,
Redding, Steed, Sutton, Tt>rrell, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

'l'hose absent were MeSSl'S.-

Thompson.

The Journal of yesterday was read and approved.
Mr. Brannen IDO'VOO that the following resolution be reconsidered, which was defeated yesterday.

THURSDAY, NovEMBER 3, 1898.

91

..

By :Mr. Perkins-

Resolved, That a committee of 3 from the Sena,te an-i 5 from the House be appointed to visit some State where the Australian ballot system is used and report their obser Vllltion. 'Dhe resolution was reconsidered.

The resolUftion was adopted as amended. The amendment was as follows. By <inserting after the word "observation" the following: aprovided the State incurs no expense, by reason of the appointment of such committee."

The committee on the part of the Senate are Messrs. Perkins, Redding, and Morrison.

By unanimous consent, the following bills were read fust time, to wit:

By Mr. Davis-
A bill providing for the election of County School Commissioners of this Sta,te by the qualified votes.

Referred to Committee on Education.
By Mr. MannA bill to repeal an act approved November 12th, 1889,
to revive the office of State Geologist and to. provide fo::geologiool survey in this State.
Referred to Committee on Finance.

92

JOURNAL OF THE SENATE.

The following resolution was read and adopted, as amended.

By Mr. Grovenstein-
A resolution appointing a committee of three from the Senate and five from the House be appointed to look into the manner of equalizing taxes in this State. The amend- ment was as follows, by striking the figures three from the Senate and five from the House and inserting five from the Senate and seven from the Rouse.

Mr. Thompson was granted leave of absence for the remainder of the week. Also Mr. Fouche for the remainder of the week on account of sickness in fumily.

Upon motion of Mr. Hand the Senate took a recess subject to the call of the ohair.

The President called the Senate to order.

The following is the Committee appointed to investigate the equalization of tax returns: Messrs Grovenstein, Hand, Fouche, Heard, Steed.

The following standing committees were appointed by the President.

COMMITTEE ON RULES.

PRESIDENT W. A. DonsoN, ex otficio Chairman.

Humphreys,

Redding,

Foucb4:S,

West.

Little,

THURSDAY, NovEMBER 3, 1898.

93

COMMITTEE ON APPROPRIATIONS.

HoN. S. T. BLALOCK, Chairman.

Hand, Brannen, Bunn, Dickerson, Grovenstein, Johnson, Mann, Morrison,

Moye, Odom, Steed, Sutton, Rawlings, Thrasher, Webb.

COMMITTEE ON ACADEMY OF THE BLIND.

HoN. M. T. PERKINS, Chairman.

Dr. W. J. Green, Brannen, Heard, Hodge, Moye, Rawlings,

Redding, Steed, Sutton, Thrasher, Thompson, Wingfield.

. COMMITTEE ON AGRICULTURE.

HoN. WM. LITTLE, Chairman.

Davis, Daniel; Dowling,
Gross, Grovenstein, Hand, Johnson,
Moye~

Nesbitt, Passmore, Rawlings, Sutton, Thompson, Wilcox, Webb, Wood.

JOURNAL OF THE SENATE.
COMMITTEE ON AUDITING.

HoN. W. J. WEBB, Chairman.

Morrison, Clifton,

Gross.

COMMITTEE ON BANKS.

HoN. J. L. HAND, Chairman.

Blalock, Daniel, Dowling, Hodge, Lang, McLester,

Passmore, Redding, Terrell, Webb, Wight.

COMMITTEE ON CONSTITUTIONAL AMENDMENTS.
HoN. W. S. HuMPHREYS, Chairman.

Morrison, Brannen, Hodge, Mann, Odom,

Perkins, Thrasher, \Vest, Wingfield.

COMMITTEE ON CORPORATiONS.

HoN. W. E$. WEsT, Chairman.

Terrell, Dowling, HumphrPys, Little,

Perkins, Redding, Thrasher.

THURSDAY, NovEMBER 3, 1898.

95

COMMITTEE ON ENGROSSING.

HoN. CoLUMBUs HEARD, Chairman.

Wingfield, McGehee,

Odom, Steed.

COMMITTEE ON ENROLLMENT.

HoN. C. N. KING, Chairman.

Bunn, Brannen, Dickerson,

Morrison, Nesbitt.

COMMITTEE ON EDUCATION.

HoN. R. T. NESBITT, Chairman.

Thrasher,
Blalock, Clifton, Davis, Hand, Heard. Hodge, Little, Mann,

McGehee,
Perkins, Rawlings, Redding, Steed, Terrell, West, Wilcox, Wood.

96

JOURNAL OF THE SENATE.

COMMITTEE ON FINANCE.

RoN. E. L. WIGHT, Chairman.

\Vest, Blalock, Bunn, Clifton, Hand, Heard, Hodge, Humphreys, Fouche,

King, Little, McGehee, McLester, Nesbitt, Redding, Terrell, Underwood, Wip.gfield,

COMMITTEE ON GEORGIA SCHOOL FOR DEAF AND DUMB.

RoN. J. S. WooD, Chairman.

Bunn, Dowling, Fouche, Green, Grovenstein, King, Mann, Moye,

McLester, Morrison, Passmore, Rawlings, Sutton, "\Yebb, "\Vilcox.

COMMITTEE ON GEORGIA SANITARIUM.

RoN. WM. RAWLINGs, Chairman.

Daniel, Blalock. Clifton, Davis, Green, Gross, Grovenstein, Hodge,

McGehee, Passmore, Perkins, Underwood, Wight, Wingfield, Wood.

THURSDAY, NovEMBER 3, 1898.

97

CO.\OHTTEE 0~ HYGIE~E AND SANITATION.

HoN. W. J. GREE~, Chairman.

Daniel, . Rawlings,

Thrasher, Wood.

COMMITTEE ON INTERNAL IMPROVEMENTS. BoN. R. B. 0DO}J, Chairman.

Hodge, Heard, Lang,

)foye, Passmore.

COMMITTEE ON IMMIGRATION AND LABOR.

HoN. J. W. H. UNDERWOOD, Chairman.

Wilcox, Daniel, Davis, Green,

Gross, Sutton, Thompson.

COMMITTEE ON ,JOURNAL. HoN. S. T. WINGFIELD, Chairman.

Underwood, navis,

Gross, Wilcox.

98

JouRNAL OF THE SENATE.

COMMITTEE OK GENERAL JUDICIARY.

Ho~. R. T. Fou()HE, Chairman.

Steed, Brannen, Clifton, Dickerson, Hodge, Humphreys, McGehee, McLester,

Mann, Morrison, Perkins, Redding, Terrell, "Vest, Wingfield.

COMMITTEE ON SPECIAL JUDICIARY. HoN. J. F. REDDING, Chairman.

Humphreys, Bunn, Gross, Heard, King,

Lang, Odom, Thrasher, Underwood.

COMMITTEE ON MILITARY.

HuN. WM. CLIFToN, Chairman.

Wight, Blalock, Fouche, Grovenstein, Humphreys,

Mann, Odom, Terre-ll, Webb.

THURSDAY, NovEMBER 3, 1898.

99

COMMITTEE ON MINES AND MINING.
HoN. vV. E. MANN, Chairman.

Underwood,
~ohnson,

King, Webb.

COMMITTEE ON MA ~UFACTURES.

HoN. W. C. BuNN, Chairman.

Dowling, Hand, Little,

Sutton, Wilcox.

CO~fMITTEE ON PRIVILEGES AND ELECTIONS. HoN. MARK T. H.oDGI<~, Chairman.

Lang, Daniel, Heard, .Johnson,

King, Moye, Nesbitt.

COMMITTEE ON PUBLIC ROADS.

HoN. LEONIDAS l\fcLESTER, Chairman.
\

Little,

Johnson,

Davis,.

Nesbitt,

Gross,

Passmore,

Hodge,

Sutton.

100

JoURNAL OF THE SENATE.

COMMITTEE ON PENITENTIARY.

HoN. B. G. DICKERSON, Chairman.

Mann, Clifton, Daniel, Davis, Dowling, Green, Grovenstein, Heard, Johnson,

Lang, McLester, Passmore, Perkins, Sutton, Thompson, Webb, Wood, wilcox.

COMMITTEE ON PENSIONS.

HoN. W. M. MoRRISox, Chairman.

Nesbitt, Blalock, Dickerson, Gross, Hodge, Humphreys, Lang, Little,

McLester, Odom, Rawlings, Terrell, Thompson, Wight, Wilcox.

COMMITTEE ON PUBLIC LIBRARY.

HoN. B. E. THRASHER, Chairman.

. Grovenstein, McGehee,

Redding, Steed. .

THURSDAY, NovEMBER !3, 1898.

101

COMMITTEE ON PRIVILEGES OF THE FLOOR.

Hox. J. K. THOJ\JPSON, Chairman.

Sutton, Underwood,

Webb.

COMMITTEE ON PUBLIC PRINTING.

HoN. RuFus LANG, Chairman.

Daniel, Bunn, Hodge,

Moye, Thrasher.

COMMITTEE ON PETITIONS.

Sutton,

HoN. W. J. DAVIS, JR., Chairman.
Odom,

Brannen,

Perkins.

Heard,

COMMITTEE ON PUBLIC SCHOOLS.

HoN. W. E.'STEED, Chairman.

Dickerson, Grovenstein, Johnson, King,

Odom, Sutton,
Wight.

102

,JOURNAL OF THE tiENATE.

COMMITTEE ON PUBLIC PROPERTY, HALLS AND COMMITTEE ROOMS.

HoN. G. C. DANIEL, Chairman.

Johnson, Green, Passmore,

Webb,
\Vood.

COMMITTEE ON TEMPERANCE.

HoN. J. H. McGEHEE, Chairman.

Wingfield, Brannen, Fouch6, Green, Heard, Little, Mann,

Nesbitt, Passmore, Redding, Thrasher, Thompson, Webb, Wilcox.

COMMITTEE ON STATE OF THE REPUBLIC.

HoN. J. RENDER TERRELL, Chairman.

McLester, Dowling, Lang, :Mann.

McGehee, Morrison, Webb.

,

THURSDAY, 50VElllBER 3; 1898.

103

COMMITTEE OK RAILROADS.

HoN. J. A. BRANNEN, Chairman.

Wight, Daniel, Dickerson, Hand, Little, M-ann, McLester,

M~rrison,
Perkins, Rawlings, Steed, Terrell, Thompson, Wingfield.

The :following message was received from the House through }fr. Boifeuillet the Clerk thereof:
Mr. President:
The House has concurred in the following joint resolution of the Senate, to wit:
That t.he General Assembly adjourn on Saturday, November 5th, to re-convene on Wednesday, November 9th, at 12 o'clock noon, anrl that th(' three days be not counted in the fifty days provided by law for a session of the General Assembly.
The following comm1mication was received from his ex cellency the Governor, through his Secretary, Mr. Warren, to wit:
Mr. President:
; I am dire<Jted by his Excellency, the Governor, to deliv-

lOt

JouRNAL oF THE SENATE.

er to the Senate a seah'd communication to which he respectfully invites the consideration of your honorable body, in executive .session.

The following resolution was read:
By Mr. Morrison.
Resolved by the Senate. the House concurring, that the Finance Committee of the Senate and House shall constitute a joint Finance Committee of the Senate and House.

Upon motion of Mr. Hand, this resolution was referred to the Committee on Rules.

Upon motion of Mr. Humphreys the Senate went into executive session at 11 o'clock
The following message was received from. the House, through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has adopted the following joint House resolutions in which the concurrence of the Senate is asked, to wit:
Thanking the Ron. W. J. Northen or distinguished .services rendered the State of Georgia, at the Trans-Mississippi. Exposition held at Omaha, Nebraska.

Also,
Inviting the Ron. Fleming G. DuBignon to address the General Assembly on ballot reform, and providing or a

THuRSDAY, NovEMBER 3, 1898.

105

committee of one from the Senate and two. from the House to formally extend this invitation, !llnd has appointed upon the part of the House Messrs. Reynolds of Richmond and Slaton of Fulton.

Also,
That his Excellency the Governor, be requested to present to the present Geneml Assembly a full statemerut of the present financial condition of the State, and for other purposes.
The following House resolution was read:

By Mr. Pope of Green.
A resolution reepectfully requesting his Excellency, the Governor, tJo furnish to the present General Assembly a full statement <Yf the State's financial condition.
Concurred in by the Senate.

Ry Mr. Lane of Bibb.
A resolution thanking the Ron. "\V. J. Northen for his distinguished services while representing the State of Georgia at the Trans-Mississippi Exposition held at Omaha, Neb.
Referred to special committee consisting of Messrs. Hand, Wight, and Davis.
Also by Mr. Reynolds of Richmond.
A resolution inviting the Hon. Fleming G. DuBignon

106

JouRNAL oF THE SE.NATE.

to address the General Assembly 0'11 Ballot Reform, and appoint a committee of one from the Senate and two from the House to notify him of the invitation. The committee on part of .the Senate is Mr. Redding.

The following Senate resolution was read and. adopted:
By M:r. West.
Resolved that 200 copies of the standing committeS of the Senate be printed for the use of the Senate.
Mr. Redding, chairman of the Special Judiciary, submitted the following report:
M1. President:
The Special Judic-iary have had under consideration the following Hoose bill, which I am direetoo to report back to the Senate with the reeommendatiori that same do pass, towit:
A bill to cede to the Government of the United States certain lands in Meriwether county upon which to establish a fishery.
Respectfully submitted, JOHN F. REDDING, Chairman.

The follo1\ring Houl>e< bill was read second time, to wit:
By Mr. Mullins. A bill granting to the United States Government certain
]ands in Meriwether County to establish a fishery thereon.
Upon motion of Mr. Steed the Senate adjourned until to-morrow at 11 o'cloek.

FRIDAY, NOVEMBER 4, 1898.

107

Senate Chamber, Atlanta, Ga., 11 o'clock a.m., November 4th, 1898.
The Senate met pursuant to adjournment at 11 o'clock, and was called to order by the President.
Pr-ayer was offered by the Chaplain.

Upon the call of the roll, the followiing members an. swered to their names:

Blalock, Brannen, Bunn, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Grovenfltein, Hand, Heard, Hodge,

Humphreys, Johnson, King, Lang, Mann, Morrison, Moye, McGehee, McLester, Passmore, Perkins, Rawlings,

Those absent were Messrs.-

Clifton, Gross, Little,

Nesbitt, Odom,

Redding, Steed, Sutton, Terrell, Thrasher, Underwood, Webb, West, Wilcox, Wingfield, Wood, Mr. President.
Thompson, Wight.

The Journal of yesterday was read and approved.

By unanimous ~onsent the following House bill was reacl the third time to be put upon its passage.

108

JouRNAL OF THE SENATE.

By :Mr. Mullins.

A bill granting to the United States Government certain lands in Meriwether County to establish a fishery the1eon.

Mr. TeiTell moved to amend by inserting after the word "eighteen" in the eleventh line and before "in," the word "acres." The amendment was agreed to.
Upon the passage of the bill the ayes were 35, Mys 0. The bill having received the requisite constitutional major ity, was passed.
llr. King, chairman of the Committee on Enrollment, submitted the follmving report:
Mr. President:
The committee on Enrollment report as duly enrolled and ready for the sigll!3.ture of the Secretary of the Senate and Clerk of the House, the following Senate ra:~olution, to wit:
A resolution adjouming the General Assembly from November 5th to November 9th at 12 o'clock m.
Respectfully submitted, C. N. KING, Chairman.
By unanimous consent, MT. Morrison was allowed ttl
withdraw the following resolution.
A resolution, making the Finance Committee of the Senate and House a Joint Finance Committee.

FRIDAY, NOVEMBER 4, 1898.

109

Mr. Dickerson moved that when the Senate adjourn to-day; it stand adjourned until Wednesday next.

Upon motion of Mr. King this motion was referred to a committee of three.

The President appointed Messrs. Dickerson, King, and Fouche to constitute this committee.

Mr. Hand, chairman of the special committee to whom was referred House resolution No. 24, submits the following report:
Mr. President:
The special committee, to whom was referred House resolution No. 24, directs me to report same back with the recommendation that it do pass as amended.
Hespectfully submitted, HAND, Chairman, WIGHT, DAVIS.

By unammous consent Mr. Dickerson was allowed to withdraw the motion to adjourn from to-day until "\Vedne.;,day next.

The following House resolution was read and concurred in as amended.

By Mr. Lane of BibbA reSolution thanking the lion. W. J. Northen for the

110

JouRNAL oF THE SENATE.

valuable services rendered the State, in representing it at the Trans-:Mississippi Exposition. The amendment was as follows:

By inserting after the words "distinguiSihed associates" in the 5th line the following, E. F. Blodget, Geo. C. Smith, 0. E. Harman, W. A. Hemphill, T. H. Richardson, J. S. B. Thompson, J. F. Delacy, "'V. Y. Atkinson, Edwin Brabsten, W. A. Knowls, Thos. R. Scott, Geo. Ketehum, W. J. Kincade, D. B. Dyere, and P. A. Stovall.

The following Senate bills were read first time, to wit:
By Mr. Dickerson. A bill to reduce and regulate the fees of Notaries Pub-
lic and officers in this State, whose duty lit is to protest notes, ete.
Referred to General Judiciary Committee.
Also, By Mr. Underwood. A bill to allow constables in this State to levy and collect
Superior Court fi. f.as.

Referred to General Judiciary Committee.
Leave of absence was granted :Messrs. Passmore, Perkins~ Steed, Dowling, Brannen, Little, Odom, Wight, Wood, Underwood~ Sutton, Clifton, and King, also President Dodson, and Mr. West, Mann, McGehee and Thrasher.

SATURDAY, NOVEMBER 5, 1898.

Ill

Upon motion of Mr. Terrell, the bill passed to-day will be immediately returned to the House.

The following resolution was read and adopted.

By Mr. Davis..
A resolution extending to the Hon. w. A. Dodson the
earnest sympathies of the Senate on account of the serious illness of his father.

Upon motion of Mr. Heard the Senate a~journed until to-morrow at 11 o'clock.

Senate Chamber, .Atlanta, Ga., November 5th, 1898.
The Senate met pursuant to adjournment, at 11 o'clock a. m., was called to order by the President pro tern.
Prayer was offered by the Chaplain.
Upon motion of Mr. Blalook, the roll calf was dispensed with.
The Journal of yesterday was read and approved. Mr. King, Chairman of Committee on Enrollment, submitted the following report:
The committee report as duly enrolled and signed by

112

JouRNAL oF THE SENATE.

the President of t'he Senate and Speaker of the House, and ready for the signature of the Governor the following resolution:

A resolution adjourning the General Assembly on Saturday November 5th until 12 o'clock m. November 9th. The three days not to be taken out of the fifty day's ses-
SlOn.
Re!"pecth1~ly <~ubmitted,
C. N. KING, Chairman.
The following communication was received from his Ex-
cellency, 1:he Governor, through his Secreta,ry Mr. 'Varren,
to wit:

~h. President:
I am d~rectd by the Governor to deli-\'er to the Senate a sealed communication to whioh he respectfully invites the consideration of your honorable body in executive session.
On motion of :Mr. Redding the Senate adjourned untii \Vednesday 12 o'clock m.

WEDNESDAY, NovEMBER 9, 1898.

113

Senate Chamber, Atlanta, Ga., Wednesday, November 9.th, 12 o'clock m.
The Senate met pill'Suant to adjournment at 12 o'clock m., was ca:lled to order by the President.
Prayer was offered by the Chaplain.

Upon the call of the roll, the following members answered to their namee.

Blalock, Brannen, Bunn, Clifron, Daniel, Davis, Dickerson, Dowling, Foucht>, Greene, Gross, Grovenstein, Hand, Heard, Hodge,

Humphreys, Johnson, King, Lang, Little. Mann, Moye, McGehee, McLester, Morrison, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

The Journal of Saturday was read and approved.

The following message was received from the House through Mr. Boifeuillet, the clerk thereof:
.Vr. President:
The House has concurred jn the Senate amendment.inserting the word "acres" after the word "eighteen" and
8 ~j

114

JOURNAL OF THE SENATE.

before the word "in" in line eleven, section II., of the fol lowing Hoose bill, to wit:

A bill ceding to the Government of the United States ce:rrtain lands in Meriwether County, Georgia, upon which
to establish a: fishery, and for other purposes.

The House has also adoptE>d the following joint resolution in which the concurrence of the Senate is asked, to wit:

A resolution to inquire into and report the condition of the Start;e Treasury on the first of November, 1898.

The House has also concurred in the following joint resolution of the Senate, to wit:
A resolution that a commit.tee of three from the Senate and five from the House be appointed to visirt some Statrl on November 8th, 1898, having the Australian Ballot system, and report to the General Assembly their observations, and has appointed on the part of the House, Messrs. Smith of. Hall, Harrell Olf Dodge, Hardwick of Washington, Holder of Jackson, and Watkins of Gilmer.

This being the regular day for the introduction of new matter, the following bills were introduced, read 1st time and referred, viz.:

By Mr. Steed.
A bill requiring sleeping car companies to furnish sepa:rate compartment of cars for white and colored passengers.

Referred to Committee on General Judiciary.

WEDNESDAY, NovEMBER 9, 1898.

115

By Mr. Underwood.
A bill to exempt purchase money notes for land from taxation in all cases where the land itself is given in so that the lands and notes both shall not be taxed.

Referred to General Judiciary Committee.
By }fr. Underwood.
A bill to allow county officers of this State until the fir9t of January to make their bonds.
Uefen-ed to the General Judiciary Committee.
Tho following House resolution was read and concurred in, to wit:
By Mr. Blalock-
A resolution to inquire into and ascertain the condition o.f the State Treasury on the 1st of November, 189~.
By Mr. Mann-
A bill.authorizing the railroad commission of Georgia to pr~cribe rates, rules, and regulations for the government and control of such corporations operlllting sleeping cars in this State.
Referred to Committee on General Judiciary.
By Mr. Nesbitt-
A bill providing for the election of judges and -solicitor3 of the various city courts of this State by the electors of theiT respective .counties.

116

JouRNAL oF THE SENATE.

Referred to Committee on General Judiciary:
Upon motion of Mr. Terrell the Senate went into executive session.

Leave of absence was granted Messrs. Dickerson and Green on account of sickness in family.

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

Senate Chamber, Atlanta, Ga., Thursday, November lOth, 10 o'clock a. m.

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

P:rayer was offered by the Chaplain.

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

Blalock, Br11nnen, Bunn, Clifton, Daniel, Davis, Dowling, Fouche, Greene, ' ,. Grovenstein, .,Hand,. Heard,
Hodge, Humphreys,

.Johnson, King, Lang, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, .. Passmore, Perkins, Rawlings, Redding,

Steed, Sutton, Terrell, Thompson, Thrasht.r, Underwood, Webb, Weet, Wight, Wilcox, Wingfield, Wood,
Mr; President.

THURSDAY, NOVEMBER 10, 1898.

117

Those absent were Messrs.-

Dickerson,

Gross,

LittlP.

The Journal o yesterday was read and approved.

The following petition was read, wh~ch is a petition asking the Genera] Assembly to join in the Peace JUibilee t.o be held in Atlanta on December 15th, 1898.

Referred to Committee on State of the Republic.

Tho following resolution was read and adopted.

By. Mr. Blalock-

A resolution autho1izing the Hon. C. P. Hansell, assistant Secretary, to act as Secretary of Senate in case the Secretary is absent.

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

M1. President:
The General Judiciary Committee have had under consideration the following Senate bill2 which they instruct me to report back to the Senate with the recommendation that the same do p8i!s, to wit:
A bill to amend section 341 of the penal code of 1895.

Also, a bill to repeal an act approved December 15th,

1896. To amend section 1656 of the Code of Georgia of

1882.

Respectfully submitted,

R. T. FOUCHE, Chairman.

118

JouRNAL OF THE SENATE.

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

.3!r. President:

The House has adopted the following joint resolution in which the concurrence of the Senate is asked, to wit:
A resolution to appoint a committee of five from the House and three from the Senate to prepare suitable and appropriate resolutions upon the qeath of Hon. W. T. Jones, representative of Dougherty county, and for other purposes, and has appointed on the part of the House, Messrs. Tatum of Dade, Hall of Bibb, Copeland of Walker, Swift of Elbert, and Lane of Early.

The following Senate bills were read second time, which had a favorable report from committee.

.By Mr. UnderwoodA hill to amend section 341tof the penal code of 1895.

Also, by Mr. Davis-.rl bill to repeal an act appl"?ved December 15th, 1896.
To amend section 1656 of the Oode of 1882.
The following House resolution was read and concurred
m:

By Mr. Tatum-
A resolution to 8ippoiillt a committee of five from House and three from the Senate to prepare suitable resolutions

THURSDAY, NovEMBER 10, 1898.

119

upon the death of Ron. W. T. Jones, representative from Dougherty County. The committee on the part of the Senate are Messrs. Wight, N eabitt, and Steed.

Upon motion of Mr. Underwood, the following bill was
withdrawn from the Finance Committee and referred to the Committee on Min~ and Mining:

By Mr. MannA bill to abolish the office of State Geologist in this State.

By unanimous consent the following bill was read first time, to wit:
By Mr. Wight-
.A bill authorizing the Commissioner of Agriculture to employ a bookkeeper and stenographer for the Agricultural department.
Referred to Committee on Finance.

Mr. Daniel, Chairman of the Committee on Public Property, submitted the following report:

M1. President:
The Committee on Public Property instruct me to report the following rooms for Committee meetings:
No. 1-Railroad Corporations. No. 2-General Judiciary. No. 3-Spooial Judiciary and Education. No. 4-Banks and Penitentiary.

120

JOURNAL OF THE SENATE.

No. 5-Finance and Appropriations. No. 6-Public Property. N'o. 17-Agriculture.

Resi>ootfuUy submitted. J. C. DANIEL, Chairman.

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

M1. Pres-ident:
I am directed 'by the Governor to deliver to the Senate a communication in writing.

The foUowing communication was read from his Excellency, the Governor.

THURSDAY, NovEMBER 10, 1898.

121

MESSAGE.

STATE OF GEORGIA, ExECUTIVE OFFICE, ATLANTA, November 9, 1898.

To the Senate and House of Representatives :

It is by the constitution made the duty of the Governor

to give to the General Assembly, from time to time, " information of the State of the commonwealth," and in the

discharge of this duty it is incumbent on me at the very

threshold of your official duties to advise you of a serious

deficiency in the public revenues. For 'several years past a spirit of liberality in the ap-

propriation of money from the public treasury, uot warranted by the stringency of the times and the ability of the

people to pay taxes, has been apparent, and frequent large

supplemental appropriations have been made at the second

session of each legislature, for the payment of which no

adequate provision has been made. We have, in our anx-

iety to provide for the necessities of the institutions and

objects for which it is the duty of the State to provide, lost sight of the constantly growing inability of the people to

bear the ever increasing burden of taxation. Our annual

appropriations_ from the. trE.>asury and the annual rate of

taxation have increased year after year, while all values

have shrunken, and the prices of our annual crops and of



labor, and of all the products of labor, have gone continually lower and lowE.'r, and the ability to pay of all those

122

JouRNAL OF THE SENATE.

who have to bear the burthens of taxation has grown eonstantly less.
Owing to the continual increase in the shrinkage in values, and the disposition of men to evade in hard times the demands of the tax-gatherer, and to conceal from him such property as can be concealed, the annual revenues of the State have, year after year, fallen short of the estimatee. From these causes, and the additional fact that in some instances appropriations have been made without adequate provi~Sion for their payment, there will not be in the treasury, on the first of July, money enough to meet the demands on it; and this, too, in the face of the fact that the rate of taxation and the aggregate amount of taxes collected from the people is the largest in the history of the State. It is to advise yon of this grave situation that this communication is sent you, in order that you, in your wisdom, may provide by proper legislation to meet the emegency, and prevent a recurrence of the condition that now confronts us.
In order to be fully advised of the real condition of the treasury as it now is, and as it will be on the first of July, I, on the 7th instant, addressed to the State treasurer a communication calling for a statement of the actual available cash balance in the treasury on the first day of the present month, the probable receipts at the treasury from all sources between that date and the first day of July next, inclusive, and the probable disbursements on all accounts on and prior to the last named date, so as to show the condition of the treasury on the first day of July, l89a. This date has been selected because at that time

THURSDAY, NovEMBER 10, 1898.

123

tbe cash balance in the treasury is usually at its lowest. The statement asked for was promptly sent to this department by the treasurer, and is as follows:

Civil Establishment . . . . . . . . . . . . . . . . . . $ 66,783 33

Contingent Fuud ................... .

8,432 01

Military Fund. . . . . . . . . . . . . . . ....... . 30,5-58 62

Fertilizer Fund .....................

5,501 32

Geological Fund .................... .

4,026 86

Penitentiary Fund ................... .

2,500 00

Prison Fund ....................... .

75,000 00

School Fund ........................ . 1,256,483 96

Solicitors-General ................... .

2,160 00

Overpayments rdu111h d ............. .

2,106 39

Insurance Fund .....................

7,837 90

Library Fund ....................... .

1,546 10

Public debt ......................... . 272,000 00

Temporary loan ..................... . 200,000 00

Memorhtl Fund ..................... .

14,524 24

Printing Fund..................... .

15,000 ()()

Public Butlding Fun I ............... .

16,810 48

Technol'gical Sclwul . . ............. .

11,250 00

North Georgia A)!rtcultuul Collt>ge... .

3,000 00

State Normal Schoo~. . . . . . . . . . . . . ... .

11,250 00

Georgia Normalmhl lud. Sch)Ol ..... .

11,450 00

State Sanitarium .................... 214,000 00

Trustees Sani arium ................. .

1,820 00

Department of Agrit-ulture ......... .

5,000 00

Printing Fund R. H.. Com ............ .

493 11

School for De-if ..................... .. 12,500 00

Rt>pairing Capitol ...................

816 80

Academy for Blind ............ : ... 15,000 00

Trustees University ................ .

600 00

Contingent Fund R. R. Com ........

400 00

Clerk Supreme Court costs.....

1,000 ()()

Legislative pay-roll ................. .. 69,000 ()()

penitentiary Fund. Special account..

1,500 ()()

124

JOURNAL OF THE SENATE.

Printing Supreme Court Reports ...... $ 4,000 00

School for Colored ................... .

8,000 00

State University.................... ..

8,000 00

Pensions .......................... .. 640,000 00

Land Scrip Fund ................... ..

6,314 14

Cont. Exp. f:!upreme Court..........

900 00

, Probable additional appropriation .... 100,000 00-3,107,565 26

Due July let, 1899:

Salaries .............................

35,000 00

Interest on public debt .............. . 170,000 00

Public institutions ................... . 62,350 00

Sinking Fund Reserve ............... . 100,000 00- 367,350 00

$ 3,474,915 !!6

STATEMENT SHOWING PROBABI.E CONDITION OF THE TREASURY
JULY ] 1 1899.

Cash on hand Nov. 1, 1898............

$ 275,030 07

General tax .......................... $ 2,113,109 00

Poll tax. . . . . . . . . . . . . . . . . . . . . . . . . . 223,838 66

Artists' tax . . . . . . . . . . . . . . . . . . . . . . . ..

809 00

Billiard tax ......................... .

4,636 00

Liquor tax......................... . 85,763 67

Show tax ...............

5,983 64

Insolvent General tax ............... 10,613 16

Insolvent Poll tax ................... .

1,354 65

Insurance fees . . . . . . . . . . . . . . . . . . ... .

11,896 40

Insurance Agents' tax ............... .

6,810 00

Pistol tax .......................

4,301 90

Telephone tax .....................

3,157 07

Sewing Machine Ag!'nts ............

885 00

Oil fees ............................ 10,616 22

Office fees .........................

2,053 4-5

Railroad tax ........................ . 259,889 48

Insurance tax ................. 29,402 94

Interest from Bmks ................. .
Costs on fl. fa~~ . ...................... .

6,088 62 31 50

Interest on ji. fas.. . . . . . . .. . . . . . . .... .

226 44

Rental W. & A. R. R ................ . 280,008 00

Lightning Rod tax ................. .

9000

, THURSDAY, NovEMBER 10, 1898.

125

Fertilizer fees ....................... $ Tax on Games. . .. .. .. .. . .. ....... . Auctioneers' tax................... .. Tax on Specialists................... . Sales Supreme Court Rep?rts ....... Hire of Convicts .................... . Tax on Peddlers.................... Money Refunded . . . . . . . ......... Wild Land tax ...................... . Telegraph tax....................... . Tax on Pawnbrokers ................ !'ale of Codes ....................... Sale of Acts ........................ Tax on Futures Dealers .............. . Tax on Patent Vendors .............. . Tax on Sewing Ma<>hine Companies .. . Tax on Agencies .................... . Tax on Loan Agents ................ Tax on Brewing Comp mied .......... Tax on Cold Storage . . . . . . . . ...... . Dividends from Stocks ............. Tax on Express Companies .......... Tax on Sleeping Car Companies ...... . Lease Oyster Lands................. ..

3,933 28 225 00 157 50 82 40
3,905 ~0 25,000 00 1,414 40
6000 tl 88
1,997 06 1,30.') 00 1,800 00
54 00 4,950 00
900 1,200 00
360 00 72 00
900 00 720 00 1,498 00 2,897 87 895 00
15 00- 3,115,0.'.n 69

$3,390,051 76

Deficit........ ................................... $84,863 50

From it, it will be seen that there will be a probable deficit of nearly eighty-five thousand dollars on the first day of July. In other words, the money now in the treasury and that to be paid into the treasury between now and the last named date will lack about eighty-five thousand dollars of being sufficient to meet the legitimate demands on the treasury for the same period of time. In thie estimate is not included four hundred thousand dollars which will be due the teachers of the public schools on the 20th

'
126

JouRNAL OF THE SENATE.

of July, 1899, for their second quarter's work, for the payment of which no provision has been made.
In this connection it is perhaps my duty to add that there remains approved by the Pension Commissioner and unpaid for the want of funds, pension claims to the aggregate amount of about sixty thousand dollars. It must he borne in mind that these deficits are all for the present year, If the same appropriations arc made for the next year, and the rate of taxation remains the same as for this year, the nggtegate amount of deficit on July 1st, 1900, will be at least twice as great as it will be in July, 1899.
Thus the condition that confronts us is this : we must either reduce appropriations or largely increase the rate of taxation, when it is already greater than it has ever been in the history of the State, and when our people, especially our farmers, upon whom the burden of taxation largely falls, are,
I
owing to the unprecedentedly low price of their products, less able to pay taxes than they have ever been in the past.
,;
This is a grave situation, and it behooves us to meet it with due regard alike for the taxpayers of the State and the persons and institutions for which the State is both legally and morally bound to provide.
I submit these facts to the representatives of the people for their consideration and prompt action, feeling assured that they in their wisdom will solve the problem presented without any increase in the present rate of taxation, which under existing circumstances is already onerous and all that our people should for any purpose whatever be required to bear.
A. D. CANDJ,ER, Governor.

FRIDAY, NovEMBER 11, 1H98.

127

Mr. Hand moved that 200 copies of the Governor's message just read be printed for the use of the Senate, which motion was carried.

Uponmotion of Mr. Steed the Senate adjourned till tomorrow at 10 o'clock.

,

Senate Chamber, Atlanta, Ga., Friday, November 11th, 1898, 10 o'clock a. m.
The Senate met pursuant to adjournment, was called to order by the President.
Prayer was offered by the Chaplain.

Upon the call of the roll, the following members answered to their names.

Blalock, Bunn, Clifton, Daniel, Davis, Dowling, Fouche, Greene, Grovenstein, Hand, Heard, 'Hodge, ;ifftmphleys,

Johnson, King, Lang, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Passmore, Perkins, Redding,

Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wingfield, Wood, Mr. President.

128

JOURNAL OF THE SENATE.

Those absent were Messrs.-

Brannen, Dickerson, Gross,

Little, Odom,

Rawlings, Wilcox.

The Journal of yesterday was read and approved.

Mr. Fouche, Chairman of the General Judiciary Com~ mittee, suibmitted the following report:
lt1. President:
The General Judioiary Committee have had under con sideration the following bills, which it instructs me to report back to Senate with the rooommendation that the same do pass, to wit:
A bill to amend section 3950 of the Civil Code of 1895, by adding after the word "ciroumstances" in the 4th line of said section, the following proviso, to wit: "Provided discovery is expressly prayed for in the plaintiff's petition.,

Also, a bill to regulate the fees of notaries public in this State, whose duty it is to protest notes, and give notice of endorsers.

Also, a bill to allow county officers of this State until the 1st of January to make their bonds.

The committee a:lso recommends that the following bill' pass by substitute:
A bill to require sleeping car companies to separate whiteand colored passengers. To extend police power to con~ ductors on such trains and for other purposes.

FRIDAY, NovEMBER 11, 1898.

129

The committee have also had under consideration the following bill, which they instruct me to report back with the recommendation that the introducer be allowed to withdraw the same.

l!.. bill to :fix the mode of nominabing judges of the Supe-rior Court and Solicitors General of this State by their judicial circuits.
R. T. FOUCHE, Chairman.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Jfr. President:
The House has concurred in the Senate amendment adding the names of the Ron. W. J. N orthen's associates on Georgia's Commission to the Omaha Exposition, to the following resolution of the House, to wit:
A resolution thanking the Ron. W. J. Northen and his
distinguished associates for services rendered as the State's representatives at the Trans-Mississippi Exposition held at Omaha, Nebraska.

The following resolution was read and adopted:

By !fr. Wingfield-

A resolution authorizing the President to appoint six pages and the Secretary of Senate to appoint five portera.

The following bills were re.ad third time to be p~.t upon

their passage.

.. t

9 i

130

JouRNAL oF THE SENATE.

By Mr. Underwood-

A "bill to amend section 341 of the Code of 1895, relative to the carrying concealed weapons.

Upon the passage of the bill the ayes were 29, nays 0. The bill having receivoo the requisite constitutional majority was passed.

The following bills were read first time, under regular order.

By Mr. King-
A bill to provlide for the registration. of votes in this S-bi.te and for other purposes.

Referred to Committee on Special Judiciary.

By Mr. McGehe&-
A bill fixing the salary and duties of stenographer of the Superior Courts of this State.

Ueferred to General Judiciary Committee.
Also, By Mr. DavisA bi1l to repeal an act approved December 15th, 1896. To amend section 1656 of the Code of 1882.
Upon motion of Mr. Humphreys the bill was recommended to the General Judiciary Committee.
The following bills were read second time, to wit:

FRIDAY, NovEMBER 11, 1898.

131

By Mr. Mann-
A bill to amend section 3950 of the Civil Code of 1895. By Mr. Underwood-
A bill to ,allow County officers of this State until the fiMt of January to make their bonds.
By Mr. Dickerson-
A bill to regulate the fees of notaries public and other officers whose duty it is to protest notes and give notice of endorsers.

By .Mr. Steed-
A bill to require sleeping car companies to separate white and colored passengers and to extend police powers to condnctors.
By unanimous consent the following bill was withdrawn by the author:
By Mr. Mann-
A bill to fix the mode of nooninatting Judges of the Superior Court and Solicitors General of this Smte by their judicial circuits.
The following communication was received from his Ex .cellency, the Governor, through his Secretary, Mr. Hitch, to wit:
ltf.r~ President:
I am ~ted by ~e. Governor to deliver to the Sen-

132

,JoURNAL OF THE SENATE.

ate, a sealed communication, to which he respectfully invites the consideration of your honorable body, in execu tive se!'sion.

The following resolutions were read and adopted: By }fr. Blalock, Chairman Appropriation Committee-
Resolved, That the Ron. E. S. Wight be added 1o tha Appropriation Committee.

The following bill was withdrawn from the Committee on Mines and Mining and referred to the Finane~ Committee:
By .Mr. Mann-
A bill to abolish the office of State Gwlogi~t m this State.

Leave of .absence was granted Messrs. Little, Brannen, Thompson, Underwood for to-'lllorrow.

:Mr. west moved that the Senate adjourn until Mcinday at 12 o'clock. .
}[r. Davis moved as a substitute that the Senate. adjo~rn until 10 o'clock to-morrow. 'l'he substitute was lost.
-: t
And t>he motion to 'adjO:'IJrn until Monday at12 .o'clock was carried.

' ~ ..

MONDAY, NOVEMBER 14, 1898.

133

Senate Chamber, Atlanta, Ga., November 14th, 12 o'clock m.
The Senate met pursuant to adjournment. Was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll, the following members answered to their names.

Blalock, Brannen, Bunn, Cliton, Daniel, Davis, Dowling, Fouche, Greene, Grovenstein, Hand, Heard, Hodge; Humphreys,

Johnson, King, Lanjl:, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins, Rawlings, . Redding,

Steed, Sutton, Terrell, Tbompso!', Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Dickerson,

Gross,

Little.

The Journal of Friday WJas read and approved.

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

134

JOURNAL OF THE SENATE.

M1. President:

The House has passed by the requisite constitutional majority, ayes 114, nays 0, the following bill of the House, to wit:

A bill to alter and amend section four and five of an act to incorporate the City of Elberton in Elbert County, and for o~her purposes.
The House has also passed by the requisite constitutional majority, ayes 102, nays 0, the following Bill of the House, to wit:
A bill to amend the act of September 6th, 1891, and acts amendatory thereof, establishing a Criminal Court of Atlanta, by providing for the election of the judge and solicitor thereof by the people of Fulton County, and for other purposes..

Also the follow~ng House bill, ayes 98, nays O, to wit:

A bill to amend the act of December 15th, 1871, and acts amendatory thereof, establishing a City Court for Atlanta, by providing for the election of the Judge thereof by the people of Fulton County, and for other purposes.
Under the regular order the following bills were introduced and read first time:
By .Mr. Bunn-
A. bill to define and punish oral slander or defamation of character.

MoNDAv, NovEMBER 14, 1898.

135

.Referred to Committee on General Judiciary.

Also, By Mr. Cli:ftonA bill to provide for a uniform series of text-books for
the schools of this State.
Referred to C()Illmittee on Education.
Also, By Mr. HumphreysA bill to make it unlawful to require any regular char-
tered Railroad Company to connect by side track or tracka or in anyather way with tram roads not duly chartered in terms of the law.
lle.ferred to Railroad Committee.
Also, by Mr. NesbittA hill to be entitled an act relating to the net proceed~
l.irisi!lg from the inspection of oils and fertilizers.

Referred to Committee on Finance.
Under the regular ordet1 the following House bills were read first time, to wit:
By Mr. Swift-
Abill to amend section 4 and 5 of an act to incorporate the city of Eloomon in Elbert County, approved December 19th, 1896. To declare wha:t officers shall constitute the municipal government of said city.
Referred to Committee on Special Judiciary_

JouRNAL oF THE SENATE.
Also, by Messrs. Slaton, Brnndon and Knowles-
A bill to amend the aet of September 6th, 1891, and acts amendaltory thereof, esmblishing the criminal court of Atlanta, by providing for the election of Judge and solie itor by the people.
Referred to Committee on General Judiciary.
Also, by Mr. Slaton-
A bill to amend the act of December 15th, 1871, and acts amendatory thereof, to establish a city court in Atlan ~a and providing fo~ the election of the Judge and Solicitor by the people.
Referred to Committee on General Judiciary.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof:
Jlfr. President:
The House has adopted the following joint resolution of the House, in which the concurrence of the Senate is asked, to wit:
A resolution inviting the Hon. George T. Barnes of Richmond to address the General Assembly on the "Nicaraguan Canal," in the hall of the House on Thlirsday evening the 17th inst., at 7:30 o'clock.
The following message was received from his Excellency; the Governor, through his Secretary, Mr. Hitch, to wit:

~MoNDAY, NovEliiBER 14, 189R.

137

His Excellency, the Governor, has 'approved and signed the following resolution, to wit:.
Resolve-d, that when the General Assembly adjourns on Saturday, X ovember 5th, it will stand adjourned until Wednesday, November 9th at 12 o'clock m., and that the 3 days m'e not to be taken out of the 50 days allowed by law.
"Cpon motion of Mr. Humphreys, Senate bill No. 12 was temporarily tabled l)n account of the author of it being absent.
The following bill was read 3d time to be put upon its passage:
13y Mr. }faunA bill to amend Section 3950 of the Civil Codo of 1895.
Upon the passage of the bill, the ayes were 30, nays 0; the bill having received the requisite constitutional majority, was passed.
Also, by Mr. UnderwoodA bill to allow county officers of this State. until the first
of January to make their bonds.
The following amendment was adopted: Amend by inserting after the word "State" and before the word "shall'"

138

JOURNAL OF THE SENATE.

in the ninth line of said sootion, the words "including those elected at the last elootion."

Upon the passage of thE! bill, the ayes were 29, nays 0; the bill having received the requisite constitutional majority, was passed.

The following bill was recommended to the General Judiciary Committee:

By Mr. Steed-
A bill to reqUJire sleeping car companies to furnish separate cars for colored and white passengers.

The following resolution was read and adopted:
lly Mr. WestA resolution appointing a committee of 3 from the House
and 2 from the Senate to consider the report of the special attorney of the Western & Atlantic R. R
The committee on part of Senate are Messrs. West and Blalock.
The following House resolution was read and concurred m: By ).fr. Calvin-
A resolution inviting the Hon. Geo. T. Barnes to addJ,"ess the General Assembly on the Nicaraguan Canal Thursday evening the 17th inst., at 7:30 o'clock.

TqESDAY, NOVEMBER 15, 1898.

139

The reports of iJhe State Treasurer and Comptroller-General were referred to the Finance Committee.

The Committee on Deaf and Dumb School were granted ]eave of a:bsence to visit that institution.

Upon motion of Mr. Steed the St>nai:e 111djourned until tomorrow at 10 o'clock.

Senate Chamber, Atlanta, Ga., Tuasday, November 15th, 1898, 10 o'clock a.m.

The Senate met pursuant to adjournment; was called to order by the Presiaent.

Prayer was offered by the Chaplain.

Upon the call of the roll, the following members an swered to their names.

Blalock, Brannen, Clifton, Daniel, Davis, Dowling, Fouche, Groone, Grovenatein, Hand, Heard,

Hodge, Humphrey!', Johnson, Lang, Little, Mann, McGehee, McLester, Nesbitt. Odom, Perkins,

Redding, Steed, Terrell, Thompson, Thrasher, Underwood, West, Wight, Wingfield, Wood, Mr. President.

140

JOURNAL OF THE SENATE.

Those absent were Messrs.-

Bunn, Dickerson, Gross, King,

Morrison, Moye, Passmore, Rawlings,

Sutton, Webb, Wilcox.

The Journal of yesterday was read and approved.
Mr. Fouch, Chairman of the General Judiciary Committee, submitted the following report.

Mr. President:
The General Judiciary Committee have had under consideration the following Senate bill, which they instruct me to report back to the Senate with the recommendation that the same be read second time and recommended to this committee.
A bill to revise the election laws of this State, to provide the manner O<f holding the same, and for other purposes.

The Committee also recommends that the author be allowed to withdraw the following bill:
A. bill to amend section 1656 of the Code of 1882.
The Committee also recommends that the following bill do not pass.
A bill to exempt purchase money notes for land from taxation, so :that the land and nO'tes both will not be taxed.
Respectfully submitted,
R. T. FOUCHE, Chairman.

TuESDAY, NovEMBER 15, 1898.

141

Upon motion of Mr. Fouche, Chairman of the General .Judiciary Committee, Mr. Underwood was added to the Committee on Geonlrlill Judiciary.

Upon motion of Mr. Redding, 100 copies of the follow ing bill was ordered printed, fur the use of the Senate.

.A. bill to provide the manner of holding el1Ctions in this State.

Leave of absence was granted Messrs. Morrison and Gros:; on aecount of sickness in family.
Under the regular cmler the roll call was ordered for the introduction of new matt-er.
The following bills were read 1st time.
By Mr. Brannen.A. bill to amend section 72 in: the 8th sub-section, which
refers to the selection of election managers.
Referred to Committee on General Judiciary.

Also, by Mr. Redding.A. bill to provide for the election by people of County
Court Judges and solicitors in the State of Georgia.
Referred to Committee on General Judiciary.
The following bill was read sooond time and recommended to the General Judiciary Committee.

142

JoURNAL OF THE SENATE.

By Mr. Redding-
A bill to provide the manner of holding elections in this State.

The following bill was read second, with adverse report from committee.

By Mr. Underwood-
A bill to exempt from taxation purchase money n'Otes for land.

The report of committee was agreed to, and oill was lost.
By unanimous consent the following bill was withdrawn by the author: By Mr. Davis-
A bill to amend section 1656 of the Code .of 1882. The following bills were read first time: By Mr. UnderwoodA bill to regulate practice in the Superior Court and City Courts of this State. Referred to General Judiciary Committee.
By Mr. BrannenA bill to amend section 2636 of the Code o Ga, rela-
tive to using the name of persons in partnership concerns. Referred to the General Judiciary Committee.

\

TuESDAY, NovEMBER 15, 1898.

143

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

]lfr. President:
The House has adopted the :following joint resolution oi
the.House in whic>hthe concurrence of the Senate is asked, to wit:

A resolution to appoint :a committee of fifteen from the House and five from the Senate to visit the State University of Georgia, the Georgia Normal School, and the Georgia State Normal and Industrial College, and report the various conditions, needs and wants of the same.

The House has also passed by the requisite constitutional majority, ayes 91, nays 0, the following bill of the House, to wit:
A bill to amend section 2417 of volume II. of the code of Georgia of 1895, and for other purposes.
Also, the following bill of the House, ayes 116, nays 0, to wit:
A bill to require all persons offering for sale any cotton seed hulls, or cotton seed meal in bales, sacks or packages to have plainly stamped or branded on each package the weight thereof, and for other purposes.
Also, the :following bill of the House, ayes 97, nays 0, to wit:

144

JOURNAL OF THE SENATE.

A bill to amend the charter o the town o LoganYille, in \Valton County, and for other purposes.

Also, the following bill of the House, ayes 106, nays 0. to wit:

A bill to amend the charter of the city of Fitzg-erald in the county of Irwin, and for other pnrposf's.

Also, the following House resolnvion wa~ read:
By }[r. Denny-
A resolution app<liinting a connni ttef' of fifteen from the House and five from the SenatP, to visit the State Uniwrsit,v, Georgia Normal SchQol and other educational institutions in this State.

Mr. Wight offered a substitute for the above resolution
which provides, that there shall be three committees composed of fifteen from Honso and fi,e from the Senate instead of only one.
e pon motion of Mr. :west the House resolution and sub-
stitute just read wa5 referred to the Committee on Education.

The following- Holl5e bills :were read first time, to wit:
By ::\fr. Swift-
A bill to rcqnin' all person5 offeTing for sale any cotton see<l meal or entton :"eed hulls to have the weight of same printed on it.

TuESDAY, NovEMBER 15, 1898.

145

Referred to the Agricultural Committee.

By Mr. Henderson of Irwin-

A bill to amend the charter of the city of Fitzgerald and :for other purposes.

Referred to the Corporations Committee.

Also, by Mr. Calvin-
A bill to amend section 2417 of volume II. of 1895, relative to the issuing marriage license.

Referred to the General Judiciary Committee.

Also, by ~fr. Felker-
A bill to amend the charter of the town of Loganville in Walton County.

Referred to the Special Judiciary Committee.

The following bill was read first time, to wit:

By Mr. UnderwoodA bill to amend section 3761 of the Code of 1895. Referred to Committee on General Judiciary.

The following message was received from the HousE through Mr. Boifeuillet, the Clerk thereof:
10 SJ

146

JOURNAL OF THE SENATE.

Mr. President:

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

A resolution to appoint a committee of three from the House and two from th{l Senate to make a thorough investigation of the Geological Department of the State, and report back to the General Assembly their observations, and has appointed on the part of the House Messrs. Tatum. Park of Greene and Beauchamp.

The House has also concurred in the following joint resolution of the Senate, to wit:
A resolution to appoint a committoo to consider the report of the special Attorney of the Western & Atlantic Railrdad, and to consider the report of "Wimbish concerning the true northern boundary of this State, and has appointed on the part of the House Messrs. Blalock, Brandon and Denny.
The :following House resolution was read and referred to the General Judiciary Committee.

By :M:r. Tatum-
A resolution to appoint a committee of three from the House and two from the Senate to make an investigation of the office of State Geologist.
Upon motion of Mr. Daniel the Senate adjourned until to-morrow at 10 o'clock.

WEDNESDAY, NovEMBER 16, 1898.

147

Senate Chamber, Atlanta, Ga., November 16th, 1898, 10 o'clock a. m.

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

Prayer was offered by the Chaplain.

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

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dowling, Fouche, Greene, Grovenstein, Hand, Heard, Hodge, Humphreys,

Johnson, King, T.ang, Little, Mann, Morrison, McGehee, McLester, Moye, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

'l'hooe absent were :Messrs.-

Dickerson,

Grose.

The Journal of yesterday was read and approved.

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

148

JouRNAL oF THE SEXATE.

Jlfr. President:

The Committee on Corporations have had under consideration the following House bill, which tkey instruct me to report back to the Sena;te with the recolnmendation that same be read second time and recommitted, to wit:

A bill to amend the charter of the city of Fitzgerald. Respectfully submitted.
W. S. WEST, Chairman.

The following bill was read second time and recommitted to the Special Judiciary Committee:

By :Mr.. Henderson of Irwin-
A bill to amend the charter of the city of Fitzgerald in the county of Irwin.
Leave of absence was granted the Commibtee to visit the Georgia Sanitarium on Thursday and Friday.
Mr. Brannen, Chairman of the Railroad Committee, submitted the following report:
Mr. President:
The Railroad Committee to whom was referred Senate bill, No. 23, by Senator Humphreys, of the 7th District, instructs me to report said bill Wlith the recommendation that the same do pass as amended.
Respectfully submitted. J. A. BRAX~EN, Chairman.

.

WEDNESDAY, NovEMBER 16, 1~98.

149

Mr. Fouche, Chairman General J udieiary Committee, submitted the following report:

Mr. President:
The General Judiciary Committ~ have had under consideration the following Senate bills> which I am directed to report back to the Senate, with the reeommendat.ion that same do not pass, to wit:

A bill provliding for the election of judges and solicitors of the city and county courts of this State by the people.

Also, a bill to regulate the practice in the superior cou:rts of this State.
~1\.lso, a bill to amend section 3761 of of the Code of 1895.

The committee has also directed me to report back to tht: Senate the following House bill, writh the recommendation thatsame do not pass, to wit:
A bill to amend section 2417, volume 3 of the Codeof 1895, relating to the issuing and return of marniage license.

The committee aleo request me to report back to the Senate, with tJhe recommendation that same do pass, 'M ,amended, the following resolut,ion of the House, to wit:

A resolution to appoint a committee of three from the House and two from the Senate to make an :investigation of the Geological department.

Rffipectfully submitted.
R. T. FOUCHE, Chairman.

150

JouRNAL OF THE SENATE.

The following bills were read second time, with adverse report from comm~ttee:

A bill prov.iding for the election of judges and solicitors 0f the city and county comts of this State.

Report of >Committee was agreed to, and bill was loot.

Also, a bill to regulate the practice in the superior courts of this State.

The report of committee was agreed to, and bill was lost. A bill to amend section 3761 of the Code of 1895. Report of committee was agreed to and bill lost.

The following House bill was read the second time with ndverse report from committee:
By Mr. Calvin-
A bill to amend section 2417, volume 3 of the Code of 1895.
Report of committee was agreed to and bill lost. The following Senate biH was read the second time:
By Mr. Humphreys--
A bill to make it unlawful to require any regularly ohartered railroad company to connect by sidetrack or any. other way with tram roads, not duly chartered in the terms of the law.

..

THURSDAY, NovEMBER 17, 1898.

151

The following House resolution was read and concurred in as amended:
By Mr. Tatum-
A resolution to appoint a committoo of three from the House and two from the Senate to investigate the Geologieal survey.

Committee on part of Senate are Messrs. Perkins and \Vingfield.

Upon motion of Mr. Steed, the Senate adjourned until to-morrow at 11 o'clock.

Senate Chamber, Atlanta, Georgia, Thursday, November 17, 10 o'clock a. m.

The Senate met pursuant to adjournment and was called
w order by the president.
Prayer was offered by the Ohapl'8lin.

Upon the call of the roll, the following members answered to th'eir names:

Blalock, Brannen, Bunn, Clifton, Daniel, Dickerson,

Little, Mann, Morrison, Moye, McGehee, McLester,

Sutton, Terrell, Thompson, Thrasher, Underwood, Webb,


c

152
Dowling, Fouche, Hand, Heard, Johnson, King, Lang,

JouRNAL OF THE SENATE.

Nesbitt, Odom, Passmore, Perkins, Redding, Steed,

West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were ::MeJ3Sl'S.-

Davis, Greene, Gross,

Grovenstein, Hodge,

Humphreye, Rawlings.

'The Journal of yesterday was read and approved.

Mr. Nesbitt, Chairman of the Committee on Education, submitted the follawing report:
_t/r. President:
The Committee on Education have had under consideration the following resolution of the House, which they request me to report back to the Senate with the recommendation that same do pass as amended, to wit:

A resolution appointing a committee to visit the State University, Georgia State Normal School, Georgia Normal and Industrial College.
Respectfully submitted.
R. T. NESBITT, Chairinan.

Mr. Fou~he, Chairman of the General Judiciary Committee, submitted the following report:

THURSDAY, NOVEMBER 17, 1898.

153

Mr. President:

The General Judiciary Committee has had under consideration the following bill, which it instructs me to report back to the Senate with t'he recommendation that the same do pass by substitute:

A bill to allow constables to levy and collect superior <'.ourt fi. as. where the same are levied on personal prop<>rty.

A bill to reqllfire sleeping car companies and railroad companies, operating sleeping cars in this State, to furnish separate apartments for white and colored passengers.

Also, a bill to amend section 72 in tJhe Stili sub-section, w'hreh refers to the duties of electJion managers.
Respectfully submitted.
R T. FOUCHE, Ohairman.

The following House resolution was read and concurred in as amended:
By Mr. Denny-
A resolutbion appointing a committee of fifteen from the House and five from the Senate to visit the State University, and other Goorgtia Educational instJitutiO'llS.
The amendment was by striking 15 where it occurs, and insert 5, and striking 5 where jt occurs and iinsert 3.

154

JouRNAL oF THE SENATE.

The :following message was received :from 1Jhe House through Mr. Boi:feuillet, the clerk thereof:

Mr. President:
Th'e House has passed, by the requisite Constitutional majority, the :following bills of the House, to wjt:
A bill to amend section 765 of the third volume of the Code of Georgia of 1895, relating to certioraries :from the c-ounty courts.

Passed. Ayes 108, nays 0.

Also, a bill to amend section 398 o:f the third volume of the Code of Georgia, touching gaming houses.
Passed. Ayes 99, nays 0.
Also, a bill to amend section 101 of the Code of Georgia, relating to the election of justices of the peace.
Pa..~d. Ayes 102, Nays 0.

Also, a bill to amend section 105 of the Code of Georgia, relating to time 'and place of election of constables in this State, and for other purposes.
Passed. Ayes 105, nays 0.

Also, a bill to amend section 698, volume 3 o:f the Code of 1895, which relates to setting on fire woods, etc., and for' other purposes.
Passed. Ayes 112, nays 0.

THURSDAY, NovEMBER 17, 1898.

155

Aiso, a hill to create a Board of Roads and Revenues for the county of Twiggs, and for other purposes.
Passed. Ayes 114, nays 0.

Also, a bill to amend the charter a the Harne Loan and Banking Company of Atlanta.
Passed. Ayes 104, nays 6.

Also, a bill to prevent the baiting or killing of doves thus baited in this State, and for other purposes.
Passed. Ayes 97, nays 0.

Also, a bill to change the time of holding the superior coU:rt of Dodge county, 1n Oconee Circuit, and for other purposes.
Passed. Ayes 112, nays 0.

Also, a bill to amend an Act, entitled an Act to create a Board of Roads and Revenues for the county of Houston, and for other pUrposes.
Passed. Ayes 108, nays 0.

Also a :bill to e::rlend the laws of Georgia applicable to <.'haritable and benevolent institutions for 1lhe custody of children, and for other purposes.
Passed. Ayes 132, nays 0.

The following Senate bills were read the second time:

156

JoURNAL OF THE SENATE.

By Mr. Underwood-
A bill to allow constables to levy and collect superior
court fi. fas. when the same is levied on personal property,
and the amount does not exceed $100.

By Mr. B:m.nnen-
A bill to amend sootion 72 in the 8th sub-section, which refers to th'e duties of election superintendents.

The following House bills were read the first time, to wit:
By }.{r. Bryan of Floyd-
A bill to amend sootion 101, relative to the election of justices of the peace.

Referred to the Special Judiciary Committee.

By Mr. Bryan of Floyd-
A 'bill to amend section 105 of the Code of Georgia, relative to. the time and place for eleci'i.on of constables.

Referred to Special Judiciary Committee.

By Mr. Duncan-
A bill to be entitled an Act to amend an Act entitled au Act to create a Board of Roads and Revenues for the county of Houston.
Referred to Committee on General Judiciary.

THURSDAY, NOVEllfBER 17, 1898.

157

By :Mr. SlatonA bill to extend the operation of the laws of Georgia,
applicable to charitable and benevolent institutions for the custody of children, incorporated under the Act approved December 18, 1894.
Referred to Comiillittee on Corporations. By Mr. Griffin-
A bill to create a Board of Roads and Revenues for the county of Twiggs.
Referred to Speoial Judiciary Committee. By Mr. Adams-
A bill to amend section 698, volume 3 of the the Code of 1895.
Referred to the Committee on Agriculture.

By :Wlr. Harrell-
.A bill to change the time for holding the superior court of Dodge county, in the Oconee Circuit.
Referred to Special Judiciary Committee.
By 1fr. Hardin-.
A bill to amend section 765 of the third volume of the Code of 1895, referring to certioraries from the county courts.
Referred to the General Judiciary Committee.

158

JOURNAL OF THE SENATE.

By Mr. McDonough-
A bill to amend section 3!)8 of the third volume of the Code of Georgia, touching gaming-houses.

Referred to Committee on General Judiciary.
By Mr. Harvard of Dooly-
A bill to prevent the baiting and killing of doves in this State.
Heferred to Committee on General Judiciary.
By Mr. Slaton-
A bill to amend the charter of the Home Loan and Banking Company of Atlanta.
Referred to the General Judiciary Committee.
By unanimous consent lir. Steed was added to the FiIlance Committee.
Mr. \Vest, Ohairman of the Committee on Corporotions,
. submitted the following report:
Mr. President:
The Committee on Corporations have had under consideration House bill No. 14, to amend the charter of the city of Fitzgerald, which they instruct me, as their chair- man, to report back to the Senate that the same do pass, as amended.
Respectfully submitted. IN. S. WEST, Chairman.

THURSDAY, NOVEMBER 17' 1898.

159

By unanimous consent, the following Senate bills were read the first time:
By Mr. Wingfield-
A 'bill to requci.re all guano compani&:> and dealers in
guano in this State to return for taxation all of their assets it' every county they do business.
Referred to Committee on Finance.
By Mr. King-

A bill to change t'he time of holding superior courts in the Cherokee Circuit.
Referred to the General Judiciary Committee.
The following House bill was read the third time to be put upon <its passage.
By Mr. Henderson-
A bill to amend the eharter of the city of :Fitzgerald in the county of Irwin.
Upon the passage of the bill, the ayes were 23, nays 0. The bill having received the requisite constitutional majority, was passed, as amended, and the amendment was a~ follows:
By striking from the ,caption the words "For an Act," after the word "A bill."

Mr. West moved that the bill just passed be immediately transmitted to the House.
Upon mot~on, the Senate adjourned until to-morrow at 11 o'clock a. m.

160

JouRNAL OI<' THE SEXATE.

Senate Chamber, Atlanta, Georgia, Friday, November 18th, 11 o'clock a. m.
The Senate met pursuant to adjournment and was called to order by the President.
Prayer was offered by the Chaplain.
Upon motion of Mr. Redding, the roll call was dispensed with.
The Journal of yesterday was read and approved.
The folloWiing message was received from the House through Mr. Boifeuillet, the clerk thereof:
Jfr. President: The House has concurred in the Senate amendment to
the follow<ing bill of the Hom(', to wit:
A bill to amend the charter of the city of Fitzgerald, in lhe county of Irwin, and for other purposes.
Amend by striking the words, ''For an Act," in the caption of said bill.
The House has also concurred in the Senate amendments to the following resolutions of the House, to wit:
A resolution to appoint a committee of fifteen from the House and five from the Senate to visit the University of Georgia, and other State institut.ions.

FRIDAY, NovE~IBI-:& 18, 1898.

161

Amend by striking the word "fifteen" wherever it ap-pears, and insert in lieu theroof the word "five," and by .striking the word "five" and insertD.ng in lieu thereof the word "three," and by adding thereto, each member of tJhe -committee be allo\\ed no pay, except actual expenses on an :itemized account.

Also, a resolution to appoint three from the House and two from the Senate to make an investigation of the Geological department, and report back to the General .A.ssembly such recommendations as they may deem best.

Amend, by striking all of said resolution preceding the -words, "Be it resolved," and by s!rilcing all tJhat part following the words, "Report bMk to ihe General Assembly .such recommendations as they may deem best."

The House has alEc. adopted the following joint resolu-
tion of the House, in which the concurrence of the Senate
is asked, to wit:

A resolution, indorsing James H. Blount: Jr., a member -of the Georgia bar, anrd for other purposes.

The House has also passed, by the requi~te constitu-tional majority, the foHowing bills of the House, to wit:

A bill to provide compensation for jurors in forcible entry and detainer cases, and for ofher purposes.

Passed. Ayes 102, nays 1.
J1 Rj

162

JoURNAL OF THE SENATE.

Also, a bill to authorize and provide for the preparation, and issuance to the banks and banking associations char tered by the State, of circulating notes; to protect the same,. and for other purposes.
Passed. Ayes 93, nays 2.
Mr. Fouche, Chairman of the General Judiciary Com- mittee, submitted the following report:

Mr. President:
The General J udQciary CommJittee have had under con- sidera.tion, the following bills, whilch they instruct me to report back to the Senate with the reoommendation that the same do pass:
A bill ~o change the time of !holding the supenior courts, in the Oherokee Circuit.
Also, a bill to amend an Act entitled an ACJt to create a. Board of Roads and Revenues for the county of Houston.
Also, a bill.to prevent the baiting or killing doves thus: baited in tlhis State.
ThP com'Jlittoo have also had under co:qsiderntion thtl following House bill, wh!ich they instruct me to report ba:clc with the recommendation that the same do not pass:
A bill to amend section 398 of the third volume of theCode, touching gaming houses.
Respectfully submitted. R. T. FOUCHE, Chairman.

FRIDAY, NovEMBER 18, 18.98.

163

Mr. Fouooe, Chairman of the Goo.eral J udiiciary Com-
mittee, submitted the following report:
Mr. President:
The General Judiciary Committee has 'had under consideration 1fhe following House bill, which they !instruct me to report back to the Senate, with the recommendation that the same do pass, as amended:

A bill to amend section 765 of the third volume of the Code of 1895, referring to certioraries from the county courts.

Respectfully submitted. R. T. FOUCHE, Chairman.

Mr. Redding, Chairman Special Judiciary Committee~ submitted the following report:

_fJ-fr. President:
The Spe~eial Judiciary Committee have had under consideration the following Senate bill which they instruct me to report back to the Sen8Jte with the recommendation that same do pass, to wit:
A bill to amend an Act for the registration of voters, making the tax receiver the registrar, instead o the taxcollector.

The committee have also had under consideration the following House hills, whiCJh they instruct me to report

164

JOURNAL OF THE SENATE.

back to the Senate., with the recommendation that same do pass~ to wit:
A bill to alter and :amend section 4 and 5 orr an Act to
incorporate the city of Elberton.
Also, a hill to am'11d section 101 orr the Code, relating
to tlhe time and place of holding elections for justJces of the peace in th<is State.

Also, a bill to a:mend section 105 of the Code, relating to the time and place of holding elections for constables in this State.

Also, a bill to cre-ate a Board of Roads and Revenues of Twiggs county.

~~lso, a bill to change the time of holding the superior court of Dodge county.

Also, a bill to amend the charter of the town of Logan,ille, Ga.
Respectfully submitted. J. F. REDDING, Chainnan.

This being the regular day for the introduction of new matter, the following resolution was re-ad:
By Mr. ThrasherA resolutiO'Il, appointing a committee of 10 from the

FRIDAY, NovEMBER 18, 1898.

165

House and 5 from the Senate, to D.nvestligate the financial condition of tihe State and report the result to the General Assembly.

Read and adopted.

The committee on the part of the Senate are Messrs. Wight, chairman, Thrasher, Hand1 Blalock and Little.
By 11r. WightA bill creating a Board of Police Commissioners for the
city of Albany, lin the county of Dougherty.
H.eferred to Special J ndi<"iary Committee.
The folloming House bills were read the first time, to wit:

By Mr. Calvin-
A bill to authorize and provide for the prepamtion and issuance to t.hc banks and banking assooiations chartered by this State, of circulating notes, to protect tlhe same.
Referred to the Banks Committee.

By :Mr. :MooreA bill to provide compenSSJtion for jurors m forcible
entry and detainer cases.
Referred to the General Judiciary Committee.

166

JouRNAL OF THE SENATE.

The following House resolution was read a:nd -concurred in:

:By Mr. Ellis:
A resolution indorsing J.ames H. Blount, Jr., and for
other purposes.
The following House bills were read the second time:

By Mr. Swift-
A bill to amend and alter sootion 4 and 5 O!f an Act in-corporating the city of Elberton, in Elbert county.

:By Mr. BryanA bill to amend section 101 of the Code of Georgia..
By }fr. DuncanA bill to amend an Act creruting the Board of Roads and
Revenues in the county of Houston.
By Mr. BryanA bill to amend section 105 of the Code of Georgia, re-
lative to the time and place of electing constables.
:By Mr. HardinA bill to '!lilllend section 765 of the third volume of the
Code of 1895 relating to certioraries from county courts.

FRIDAY, NOVEMBER 18, 1898.

167

~y Mr. Harvard-

A bill to prevent the baiting and killing of doves thU& ~baited in this State.

I:y Mr. Griffin-
A bill to create a Board of Roads and Revenues for the county of Twiggs.

~By Mr. Felkex-
A bill to amend the CJharter of the town of Loganville, ~in Walton county.

-By Mr. Harrell-
A bill to change the time of holding the superior court of Dodge county.
'l'he folloWiing House bill 'was read the second time with
:adverse report from 'the committee:

:By Mr. :McDonough-
A bill to amend section 398 of the third volume of -the Code of this State, touching gaming houses.

The report of the committee was agreed to, and the bill -was lost.

By unanimous consent Senate biJls Nos. 13 and 16 were :tabled temporarily.
The following Senate ~ills were read the second time:

168

JouRNAL oF THE SENATE.

By Mr. King-
A bill to amend an Act approved December, relative to the registration of voters in this State.

By :Mr. King-

To change the time of holding the superior courts in the Cherokee Oircuit.

By unanimous coru;ent, the following Senate bill was. read the first timt:::

By Mr. West-
A bill to apportion and pro rate the pension of the several Acts of this State so that each pensioner whose application has been submitted and approved by the Pension Commis- sioner, shall receive the same sum as any other pensioner drawing a pension under the same Act.
Referred to the Committee on Pensions.
Le~ve o absence was granted :Messrs Sutton, West, Gro- vcnstein, Daniel and Nesbitt.

Mr. Steed moved that the Senate adjourn until Mondayat 12 o'clock.

Mr.:McGehee moved.as a substitute, that the 'Senate ad- joum until to-morrow at 11 o'clock. The substitute was' lost.
'11he Senate adjourned until )fonday at 12 o'clock m..

MONDAY, NovEMBER 21, 1898.

169'

Senate Chamber, Atlanta, Georgia, }[onday, November 21st, 1898.
The Senate met pursuant to adjournment at 12 o'clock m. and was called to order by the President.
Prayer was offered by the Chaplain.

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

Blalock, Brannen, Bunn, Clifton, Davis, Dowling, Fouche, Greene, Grovenstein, Hand, Heard, Hodge, Johnson,

King, Lang, Mann, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins, Rawlinl{s, Redding, Steed,

Sutton, Tt'rrell, Thompson, Thrasher, Underwood. Webb, West, Wight, Wilcox, Wingfield, Wood, l\lr. !'resident.

Those absent were MessrS.-

Daniel, Dicken.on, Gross,

Humphreys, Little,

:\[orrison, Moye.

The Journal of Friday was read and approved.

Mr. Grovenstein moYed that the Senate reconsider it& action in defeating the following bill:

170

JoURNAL OF THE SENATE.

By Mr. :McDonough-
A bill to amend section 398 of the 3d volume of the {'ode, touching gaming-houses, in this State.

The bill was reconsidered, ana upon motion of Mr. West, the bill was recommitted to the General Judiciary Committee.
The following message was receO.ved from the House, through Mr. Boifeuillet, the Clerk thel'eof:
jl[r. President:
The House has passed, by the requisite constitutional majority, the following bills of the House, to wit:
A bill to prohibit creditors from assigning and transferring or sending out of this State, claims, accounts, or debts against a resident of this State, for the purpose of having the same collected by pr{\Ceedings in attachment or garnishmenrt:, with intent to deprive a resident of Georgia of the right to have his wages exempt, and for other purpoSes.
Passed. Ayes 88, nays 12.

Also, a bill to amend the oharter of the city of Atlanta. Passed. Ayes 93, nays 0.

Also, a bill to establish the city court of Dawson, in the county of Terrell, to define its jurisdiction and powers, and for other purposes.

Passed. Ayes 95, nays 0.

MoNDAY, NOVEMBER 21, 1898.

171

Also, a bill to amend an Act to re-ineorporate the town -of Thomasville as the city of Thomasville, and for other purposes.

Passed. Ayes 97, nays 0.

Also, a bill to make lit lawful upon the death of employ-ees of railroads and o:ther companies, to pay to the widow of such employee wlhatever wages may be due him at his -said death, that are not subject to garnishment, Wlithout administratD.on on his estate, and for other purposes.

Passed. Ayes 120, nays 0.

Upon motion of Mr. Steed, Senate bill No. 16 was taken from the table.

By unanimous consent, House bill No. 5 was recommitted to the Special Judiciary Committee.

~<llso, by unanimous consent, House bill No. 60 was re<~ommitted to the Special Judiciary Committee.

The privileges of t!he floor were granted the Mlit:Jes Wort -during theli.r stay in the city.
The following communication was received from his Excellency, the Governor, through hli.s Secretary Mr. Hitch, to wit:

J.llr. President: I am directed by his Excellency, the Governor, to de-

172

JouRNAL oF THE SENATE.

liver to the Senate a sealed commun~cation, to whioh he respectfully invites the consideration of your honorable body, in executJive session.

This be.ing the regular order for the introduction of new matter, the following bills were read the first time:

By Mr. MannTo amend section 5551 of the Code of 1895.

Referred to the Committee on General Judiciary.

Also, 13y Mr. Wight-
A bill to amend the Act establishing the city court of Albany, in Dougherty county.
Referred to General Judiciary Committee.

Also,
By Mr. WightA bill to 'amend section 1107 of the Code of Georgia,
providing for the payment of sheriffs' fees in this State.
Referred to General Judiciary Committee. The following Sen~ate resolution was read the first time:

1\foNDAY, NovEMBER 21, 1898.

173

By :Mr. Nesbitt-
A resolution to relieve the Marietta Paper Manufacturing Co. from removal of the alleged encroatehments on the right-of-way of the W. and A. R. R.

Referred to General J udliciary Committee.

The following hills were read the third time, to be put upon their pa~age:

ny lir. Steed-
A hill to require sleeping car companies in this State to furnish separate apartments for white and colored p~ngers.
upon the passage of the hill, the ayes were 23, nays 0; the hill having received the requisite oconstitutional majority, was passed hy substitute.
Al;;o,
By :Mr. King-
A hill to amend. an Act for the registration of voters, and for other purposes, approved December 17th, 1894, so as to make tax receivers instead of tax collectors the registrars.
Upon motion of Mr. King, the hill was tabled.
At 1 o'clock the Sena1:e went into executive session.
Upon motion of Mr. Wight, the Senate adjourned until tOo-morrow at 11 o'clock a. m.

174

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Tuesday, November 22d, 1898.
The Senate met pursuant to adjournment at 11 o'clock a. m. and was called to order by the President.

Prayer was offered by the Rev. Mr. Bond.

Upon the eall of the roll, the following members answered to their names:

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dowling, Fouche, Greene, GrovenRtein, Hand, Heard, Hodge,

Humphreys, King, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmort>, Perkins, Rawlings, Redding,

Steed, Sutton, Terrell, Thompson, Thrashllr, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Dickerson, Gross,

Johnson, Lang,

Little.

:Mr. Wight, Chairman o the Finan-ce Committee, subminted the following report:
Mr. President: The Finance Committee have had under consideration

TUESDAY, NOVEMBEH 22, 1898.

175-

the following bill, which they instruct me to report back to the Senate with the recommendation that the same do pass:

A bill J,'elating to the net proceeds arising from the in spection of oils and fertilizers.

Respectfully submitted. E. L. WIGHT, Chairman.

Mr. Odom, Chruirman of the Committee on Engrossing,. submitted the following report:

J[r. President:
The Committee on Engrossing have had under oon~ideration the follO'Wing Senate bill, which they direct me to report back as properly engrossed and ready to be transmitted to the House, to wit:

A hill to require sleeping car companies to furnish separate compartments for white and colored people.
Respectfully submitted. BE~TON ODO::M, Chairman.

:Mr. Fouche, Chairman of the General Judiciary Committee, submitted the following report:
Mr. P1esident: The Geneml Judiciary Committee have had under con-
sideration the following House bill, which they instruct me

176

JouRNAL oF THE SENATE.

tv report back to the Senate with the recommendation that the same do pass:
.A bill to provide compensation for jurors in forcible ..entry and detainer cases, and for other purposes.

The committee also recommemls that the following Sen.-ate bill pass as amended:
A bill to amend the Act establishing the city court of Albany, in the county of Dougherty.
Reepectfully submitted. R. T. :FOUCHE, Chairman.
Mr. },ouche, Chairman of the General .Tudiciary Committee, submitted the folloWiing report:
.Mr. President:
The General J udiciary Committee have had under con- I I
l"ideration the following House bills which they instruct me t[j report back to the Senate with the recommendation that i the same do pass by substitute:
A bill to amend the Act of Septem'ber 6th, 1891, and ~t\cts amendatory thereof, establishing the criminal eourt. of Atlanta.
Also, a bill to arrnend the Act of December 15th, 1871, and Acts amendatory therC?f, establishing the city court .of Atlanta.
Respectfully submitted. R. T. FOUCHE, Chairman.

TuESDAY, NovEMBER 22, 1898.

177

Mr. F~UCJhe, Chairman, on the part of the minority of t'he Comrn~ttoo on General Judiciary, submitted the following report:

To the President of 1lh.e Senate:
We, the. undersigned members of the Com:miittee on
General Judiciary, beg leave to submit the following, as a minority report, upon the following House bills, to wlit:

A bill to amend the Act of September 6, 1891, and Acts amendatory thereof, establishing the criminal court of Atlanta, by provision for the election of judges anJd solicitors thereof~ by the people of Fulton counrty.
Also, a bill to amend the Act of December 15th, 1871, and Acts amendatory thereof, establishing the city court of Atlanta, by providing for the election of the judge therof by the people of Fulton county.

1

Whereas, said bills were introduced by all the members

' of 1lhe House of Representatives of Fulton county, and

passed that body without a dissenting vote, as appears by

the message of the House of Representatives to the Senate,

and,

'Vhereas, we are of the opinion thai said bills are !in accordance wrrth the wishes of the great body of the people to be affected b~ them, we are constrained to dissent from the action of the majorit;r of the General Judiciary Commit-.
12 sj

178

JOURNAl, OF THE SENATE.

tee, and recommend t'nat the report of the committee bedisagreed to.

Respectfully submitted.

R. T. FOUCHE. J. F. REDDING. S. T. WINGFIELD.

The following message was received from the Houser through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has paESed, by the requisite constitutionat majority the foHowing bills of t!he House, to wit:

A bill to amend sootion 1 of an Act entitled an Act to-
prescribe three grades of complete commercial ferti1izers,. for the branding of same, upon sack or packa.ge thereof,. and for other purposes.
Passed. Ayes 105, nays 0.

Also, a bill to amend section 2250 of the Code of Geor- gia of 1895, and for other purposes.

Passed. Ayes 89, nays 8.

Also, a hill to repeal sections 2253, 2254, 2255, 2256, 2257, 2258, 2259, and 2260 of the Code of Georgia o:f 1895, and for other puTJlOses.
Passed. Ayes 95, nays 0.

Tu.ESDAv, NovEMBER ~J, 1898.

179

Also, a bill to appropriate the sum of seven hundred and fifty dollars, or so mu~h thereof as may be necessary to pay pensions for 1898, to such invalid pensioners, or their widows, who have been regularly enrolled as penaioners in the Pension office for the year 1898, and who have failed to receive the same, and for otherpurposes.

Passed. AJes 109, nays 0.

Also, a bill to repeal an Act to create a county court in each county in this State, except certain countieS therein mentioned, approved January 19th, 1872, and Acts amendatory thereof, so far as the same applies to the county of Terrell, and for other purposes.

Passed. Ayes 101, nays 0.
The House has ~so concurred in the Senate joint resolution, as amended by the Home, to wit:

A resolution, appointing a committee of ten from the House and five froo:n the Senate to inves1Ji.gate the condition of State Treasury, and report the same to the General .Assembly.

By unllmimous consent, the following Senate hills were read the first time:

By :Mr. Bunn-
A bill to a;mend the charter of the city of Cedartown in the county of Polk.

180

Jou.RNAL OF THE SENATE.

Referred to Special Judiciary Committee.

Also,

:By Mr. BunnA bill to prohibit raJilroads or express companies from
carrying whiskey or other intoxicating liquors in any of the counties where liquor is not sold.
Referred to Committee on Temperance.
Also,

:By Mr. King-
A bill to fix the number of -committeemen to visit the various institutions of the State, and to fix the compensation of the same.
Referred to Finance Committee.
:Mr. Wight moved that Senate bill No. 23 be recommitted to the Railroad Commission, which motion was carried.

By unanimous consent, t'he following Senate resolution was taken up for the purpose of concurring in House amendments.
By Mr. Thrasher-
A resolution to appoint a committee of five from the Senate and ten from the House to investigate the condition o the State Treasury and report to the General Assembly.

TuESDAY, NovEMBER 22, 1898.

181

The Honse amendments were concurred in.

By. unanimous .consent, the following House bill was read the second time and recommitted to the Oommittee on Banks.
By Mr. Calvin-

A bill to provide for the preparation and issuance to the banks and banking associations, chartered by this State, of circulating notes, to fully protect the same.
The following Sen~te bills were read the third time to be put upon their passage.

By :Mr. Brannen-
A bill to amend section 72 in the Sth subsection thereof, which refers to the duties of election managers.
Upon the passage of the bill, 'the ayes were 28, nays 0; the bill having received the requisite cO'D.Stitutional majority, was paa>ed, by substitut, a.s amended, and the amendment was as follows: Amend the first section by inse-rting after the words "72 of" in the 5th line, the words "volume 1," and amend the caption by inserting afoter the figures "72" the words "of volume one of the Code of 1895."

Also. By :Mr. King-

.A. bill to change the time of holding the superior courts in Cherokee Circuit.

182

JOURNAL OF THE SENATE,

Upon motion of Mr. King, this bill was tabled.

The following bill. was taken from the table to be put upon its passage:

By Mr. Underwood-
A bil~ to allow constables to levy and collect all :6.. fas. iesued from the superior courts of this State, when the amounts do not exceed $100.
Upon the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite constitutiO'Illll.1. majority, was plllf!ed by substitute.
Under the regular order the following House bills were read the first time:

By Mr. Mitchell-
A bill to a:mend the Act to reincorporate the town of Thomasville. as the city of Thomasville, in the county of Thomas.
Referred to Special Judiciary Committee.

Also,
By Mr. Speer of Sumter-
A bill to make it lawful, that upon the death of employees of certain corporations, the wages due said employee shall be paid to his widow without administration on the estate.

TUESDAY, NOVEMBER 22, 1898.

183

Referred to General J udieiary Committee.

~y Mr. LaingA bill to establish a city court of Dawson, in and for the
-eounty of Te1'!'ell.
Referred to Special Judiciary Committee.
.Also. :By Mr. Copeland-
A bill to prohibit creditors from assigning and transfer-ring or sending out of this State claims on employees of -certaa.n corporations for the purpose of garnishment.
Referred to General J udieiary Committee.
Also, -:By Mr. Slaton-
A bill to amend the dharler of the city of Atlallllia.
Referred to General Judiciary Commitree.
A~,
:Ey Mr. Laing-
A bill to a:bolish the county court mTerrell county.
Referred to Special Judiciary Committee.

184

JOURNAL OF THE SENATE.

Also,.
By Mr. Latimer-

A bill to appropriate $750 to pay the pensions o 1898. ~eferred to the Finance Committee.

Also, By Mr. Jones--
A bill to amend section 2250 of the Code of 1895, as to the manner of collecting for stock killed by railroads.

Referred to General Judiciary CoiDlllittee.

Also, By Mr. Jones-
A bill, repealing sections 2253, 2254, 2255, 2256, 2257, 2258, 2259 and 2260 of the Code of 1895.

Referred to the General J udi'Ciary Committee.

Also,
By Mr. JohnsonA hill to amend section 1 of an Act, entitled an Act to
prescribe three grades of complete commercial fertilizers, for the branding of the same and for other purposes.
Referred to the Agricultural Committee.

The following Senate ib!ills were read the second time:

TuESDAY, NovEMBER 22, 1898.

185

By Mr. NesbittA bill relative to the net proooods arising from the in-
spection o oils and fertilizers. Also,
By Mr. Wight-

A bill to amend the Act esta;blishing the city court of Albany.
The following House bills were read the second time, to wit:

By Mr. Slaton-
A bill to amend the Act of December 15th, 1871, establishing the city court 00: Atlanta.

Also,
By Messrs. Slaton, Brandon and Knowles--
A bill to amend the Act of September 6th, 1891, and amendments thereof, esta!blishing the criminal comt of Atlanta.

Also, By :Mr. :Moore-
A bill to provide compensati'On for jurors in forcible. entry and .detainer cases.

The following House bills were read the third time, to be put upon their passage:

186

JOURNAL OF THE SENATE.

By Mr. Swift-

A bill. to ameud secaoos 4 and 5 of the Act incorporating the town of Elberton.

Upon the pasaage of the bill, the ayes were 25, nays 0.
The bill having received the requisite constitutional majority WBS pal=!Sed.

Also,
By Mr. Bryan-
A bill to amend s~tion 101 of the Code of the State of Goorgia, relating to the. time and place of election of justice of the peace.

Upon the passage of the bill, the ayes were 23, nays 0.
The bill having received the requisite constitutional majority, was passed.

Also,
By Mr. DuncanA bill to ~end the Act, creating the Board of Commis-
sioners of Roads and Revenues for Houston county.

Upon the passage of the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

TuESDAY, NovEMBER 2!, 1'818.

187

Also, :By }fr. Harrell-

A bill to c.hange the time of holding the superior court ~:f Dodge county.

Upon the passage of the hill, the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.
Also,
:By Mr. FelkerA bill to amend the charter of the town of Loganville,
in the county of Walton.

Upon the passage of the bill, the ayes were 25, nayd 0.

The bill having received the requisite constitutional majority was pae;;ed.
The following House bill was taken from the table to be -put upon its passage.
By Mr. Hardiu-
A bill to amend section 765 of the thirc] volume of the -Dode of 1895.
Upon the passage of the bill, the ayes were 23, nays 1.

The bill having received the requisite constitutional majority, was passed as amended.

188

JoURNAL OF THE SENATE.

The amendment is as follows: Amend by striking out the word "execution" in the 9th line of section 1.

Upon motion a Mr. West, the Senate adjourned until to-morrow at 11 o'clock.

Senate Chamber, Atlanta, Georgia, Wednesday, November 23d, 1898.

The Senate met pursuant to adjournment at 11 o'clock a. m. and was called to order by the President.

Prayer was offered by the Rev. Mr. Hunnycutt.

Upon the call of the roll, the fullowing members answered to their names:

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dowling, Fouche, Greene, Grovenstein, Hand, Heard, Hodge, Humphreys,

Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, PassmorE', Perkin!!,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, Wight, Wilcox, Wingfield, Wood, Mr. President.

WEDNESDAY, NOVEMBER 23, 1898.

189

Those absent were Messrs.-

Dickerson, Gross,

Rawling',

West.

The Journal of yesterday was read and approved.

The following message was received from the House, t.hrough Mr. Boifeuillet, the Clerk thereof:

Jl{r. President:
The House has passed, by the requisite constitutional majority, the following bills of the House, to wit:

.A. bill to amend an Act, creating a Board of Commissioners o~ Roads and Revenue in and for the county of Glynn, and for other purposes. -

Passed. Ayes 131, nays 0.

Also,
A bill to repeal the proviso at the end of section 2 of an Act to extend and define the corporate limits of the e>ity of Savannah.
Passed. Ayes 130, nays 0.

Also,
A bill to authorize the mayor and aldermen of the city of Savannah to condemn property for drainage purposes.

Passed. Ayes 128, nays 0.

190

JOURNAL OF THE SENATE.

Also,
A bill to amend an Act, approved December 4th, 1890,. to vest in the mayor of the city of Savannah the veto. power, and for other purposes.

Passed. AyM 128, nays 0.
The House has also adopted the following joint resolution in which the concurrence of the Senate is asked, to wit:

A resolution to appoint a committee of three from theHouse and two from the Senate to investigate the present. controversy between the Commissioner of Agriculture and Dr. Payne, and for other purposes, and has appointed upoU: the part of the House, Messrs. Jordan of Jasper, Everett of Polk, and Harrison.

Mr. Humphreys, Chlllirma.n of the Committee on Rules,. submitted the following report:

Mr. President:
The Committee on Rules recommend that hereafter theSenate moot at eleven o'clock a. m. instead of ten rJclock a.m.
Respectfully submitted. W. S. HJJMPHREYS, Ohai:rm.a.n.

The report was adopted.

WEDNESDAY, NovEMBER 23, 1898.

191

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

Mr. President:
The Committee on EngrOSSiing report as duly engrossed and ready for transmissioo to the House, the following Senate bills, to wit:

A bill to allow constables to levy and oollect supemor court fi. fas.

Also,
A bill to amend section 72 of volume 11 of the Code of 1895, extending tJhe time of the eonsolidaticm of election returns.

.Respectfully submitted.
COLUMBUS HEARD, Ohainnan.

Mr. Fouehe, Ohainnan of the General Juddciary Committee, submitted the following report:
Mr. P1esident:
The General Judiciary Com:rruittee have had under considel'ation the following House bill, which they.instruct me-
w report back to the Senate with the recommendation that
the same do pass:

A bill to make :it lawful, ilhat upon the death of any em-
m ployee a rail'l"oad, or other corporation, any wages due-

192

JOURNAL OF THE SENATE.

him may be paid to his widow without an administrator being appointed.

The committee also recommends that the following Senate bill pass, as amended:

A bill to amend section 1107 of the Oooe of Georgia, relative to sheriffs' fees.

Respectfully submitted. R. T. FOUCHE, Chairman.

:.\fr. Fouche, Ohainnan of the Genel"al Judiciary Committee, submitlted the following report:
.Mr. President: The General J udici,ary Committee have had under con-
sideration the followting House bills, which they instruct me to report back to the Senate with the recommendation that the same do pass.
A bill to amend section 2250 of the Code of 1895.
Also, a bill to repeal srotions 2253, 2254, 2255, 2256, 2257, 2258, 2259 and 2260 of the Corle of 1895.
Respectfully submitted. R. T. FOuCHE, Chairman.
)fr. Fouche, C'hlLirman of the General Judiciary Com- . mittee, submitted the following report:

WEDNESDAY, NovEMBER 23, 1898.

193

M1. Presiden.t:

Thie General Judiciary Committee have had under consideration the foll<nving Seno~~~te bill, which they instruct me to report back with the recommendation that the sama do not pass:

A bill to rumend section 2195 of volume 2, of the Code of 1895, relative to tram-roods.
Respectfully submitted.
R. T. FOUOHE, Chairman.

Leave of absence was grantEd Messrs. West and Wdght until Monday morning; a;lso, Messrs. Dowling and Da;vi~ 1mtil Monday:
This being thle regular order of business the roll-call was ordered for the introduction of new bills.
By Mr. Underwood-
A bill to amend section 5514 o the Code o 1895, relative to supreme court stenographers.
Referred to the Finance Committee.

Also,
By Mr. Wight-
A bill to amend sootion 2035, volume 2, C1f the Code of 1895.
Referred to the General J udidary Committee.
13 sj

194

. JouRNAL OJ<' THE SENATE.

The foll0\\1ing House bills were read the rst time:

By l\Ir. LaRoche--

A bill to amend an Act, approved Dee'E'mber 4th, 1890,. relative to the powm-s of mayor and council of Savannah.

Referred to the General Judiciary Committee.

Also, By Mr. Emanuel-
A bill to amend the Act creating the Board of Commissioners of Roads and Revenue in the county of Glynn.

Referred to the Committee on Corporations.

Also, I~y )fr. )fc:Millan-
A bill to repeal the proYiso at the end of sectO.on 2 of an. Act to extend and dene the corporate limits of Sannnah.

Referred to Committee on Corporations.

Also, By l\Ir. Lal{oche--
A bill to authomze the mayor and ald('Jrmen CYf SaYannah: to condemn lands in ce1iain cases.

Rcferred to the Committee on Corporations.

The following Honse resolution was read and concurred
IIi:

WEDNESDAY, NOVEMBER 23, 1.898.

195

By :Mr. Jordan-

A resolution to appoint a committee of three from the House and two from the Senate to investigate the present eontroversy between the Commissioner of Agriculture and Dr. Payne.

The committee on the part oi the Senate arc Jiessrs. Hand and ~lcGehee.

:Mr. Redding, Chairman of the Special Judiciary Committee, submitted the following report:
]Jr. President:
The committee have had under consideration the following Senate bill, which they instruct me to report back, with the recommendation that same do pa&S, to wit:

A bill to amend an Act, creating a Board of Police Commissioners of Albany.

The committee ha,'e also had under consideration the following House bills, which they instruct me to report back to the Senate, with the recommendation that same do pass, to wit:

A bill to amend the charter of the tmnt of ThoBJasYi!le.

Also, a bill to esta:bJ.i~:h the city court of Dawson, in Terrell county.

Also, a bill to repeal an Act to create a county court in

196

JOURNAL OF THE SENATE.

each oounty, so far as the same applies to the county of Terrell.

Respectfully submitted. JOHN F. REDDING, Chairman.

Mr. Redding, Chairman of the Committee on Special Judiciary, submitted the followiing report:

The committee have had under consid'elration the following Senate bill, whidh they instruct me to report back to the Senate Wiith the reoommendation that same do pass, to wit:
A bill to amend and consolidate the several Acts incorporating the city of Cedartown, in Polk county.
Respectfully submitted. JOHN F. REDDING, Chairman.
By unanimous consent, t.he following Senate bill was read the third time to be put upon its passage:
By Mr. WightA bill to amend an Act to establish the city court of Al-
bany, in and for the county of Dougherty.
Upon the passage of the bill, the ayes were 33, nays 0.
The hi.U having -received the requisite constitutional ma-

WEDNESDAY, NovEMBER 23, 1898.

197

jority, was passed, as amended, and the amendment was as follows:

By inserting after the word ''Court" lin the fifth line in section 2 the following words, "except the p:ropo:rtion due
the solicitor, whi-ch shall be paid into the county treasury,
as now prov:ided by law, under section 5 of 1Jhe Act establishing the city court of Alhany."

Also, By Mr. Neshitt-
A hill to be entitled an Act, relating to the net proceeds arising from the inspection of oils and fertilizers.

Upon the passage of the hill, the ayes and nay:5 were called, and the vote was as follows:

Those voting in the 'affirmative were Messrs.-

Blalock, Bonn, Clifton, Daniel, Davis, Dowling, Heard,

Hodge, Johnson, Little, Moye, Nesbitt, Rawlings, Steed,

Sutton, Terrell, Thompson, Thrasher, Wight, Wingfielrl.

Those voting in the negative were Messrs.-

Brannen, Fouche, Greene, Grovenstein, Hand,

Humphreys, King, Lang, Mann, McGehee,

Odom, Passmore, Underwood, Webb, Wilcox.

198

JouRNAL oF 'l'HE SENATE.

Tho3B not voting were ")Iessrs.-

Dickerson, Gross, Morrison,

McLester, Perkins, Redding,

West, Wood, l\1 r. President.

A:cs 20, nays 15.

The bill not hav~ng received the requisite constitutional majority was lost.

By un,animous consent, the following House hill was rt'ad Hw third time, to be put upon its passage:
I~y ~Ir. Harvard-
A bill to make it unlawful for any person to bait and kill doves thus bruited, lin this State.

Upon the passage of the bill, the ayes were 27, nays 4.

The bill having received the requisite constitutional ma,. jority \Yas pas;;cd as amended, and the amendments were as follows:

Amend by striking out the words "at said ba.it" on the 5th and 6th lines of section 1, and amend the caption the same.

:Mr. Nesbitt gave notice that he would move to reconsider the action of the Senate in defeating Senate bill No. 24.

By unanimous consent, the following Senate bill was read the third time, to be put upon it8 passage:

WEDNESDAY, NovEMBER 23, 1898.

199

l5y }Ir. Dickerson-

A bill to reduce the fees of notaries public, and other -officers, whose duty- it is to prote,;t notes, etc.

Upon the passage of the bill, the ayes were 31, nays 0.

The bill haYing received the requisite constitutional majority was pasaed.

By unanimous consent, the follo"ring Senate bill was Tead the second time:

By Mr. Wight-
A bill to create a Board of Police CommiSsioners for the eity of Albany.
The following resolution was read and adopted:
By 1\Ir. TerrellA resolution, extending to flag lieutenant Brumby, of
the Asiatic squadron, the compliments of the General Assembly of Georgia.

~f.r. Humphreys moved that when the Senate adjourn it stand adjourned until Friday morning at 11 o'clock, which motion was lost.

By unanimous consent, the .following House bill was J."ead the third time, to be put upon its passage.

200

JOURNAL OF THE SENATE.

By MeSSI'S. Slaton, Brandon and Kn01Wle&-
A bill to amend the Act of September 6th, 1891, and Act amendatory thereof, establishing a criminal court in the city of Atlanta.

Mr. Fouche moved to d!isagree to the report of the committee, which was favorable to the passage of the bill by substitute.

Mr. Steed moved, as a substitute, that the report of the committee be agreed to.

The previous question was called.

Upon agreeing to the report of the committee, the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were :Messrs.-

Brannen, Bunn, Clifton, Daniel, Davis, Dowling, Greene, Grovenstein, Heard, Hodge,

.Johnson, King, Lang, Mann, McGehee, McLester, Morrison, Moye, Nesbitt, Odom,

Passmore, PerkinP, Rawlings, Steed, Sutton, Terrell, Thompson, Thrasher, Wilcox, Wood.

Those voting in the negative were Messrs.-

Blalock, Foucht>, Hand

Little, Redding, Underwood,

Webb, Wingfield.

WEDNESDAY, NovEMBER 23, 1898.

201

Those not voting were Messrs.-

Dickerson, Gross,

Humphreys, West,

Wight, Mr. President.

Ayes 30, nays 8.

The report of the <.."'mmittee was agreed to.

Upon the passage of the hill, the ayes were 29, nays 6.

The bill havmg received the requisite constitutional majority, was passed by substitute.

Also,
By Mr. Slaton-
A bill to amend the Act a December 15th, 1871, and Acts amendatory thereof, establishing the city oourt of Atlanta.

Upon the passage of thre bill, the ayes were 29, nays 6.

The_ bill having received the requisite constlitutionla.l majority, was passed by substitute.

Upon motion, the Senate adjourne<:!_ until to-morrow at 11 o'clock a. m.

202

JouRNAL OF THE SEXATE.

Senate Chamber, Atlanta, Ge.org.ia, Thul"'...day, :Kovember 24th, 1898.

The Senate met pursuant to adjournment, at 11 o'clock a. m. and was called to order by the President.

Prayer was offered by the RcY. :Mr. Bond.

"Gpon the call of the roll the following members answered to their names:

Blalock,, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Grovenstein, Hand, Heard, Hodge,

Humphreys, Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins,

Rawlings, Redding, Steed, Sutton, Terrell,
Thompso~,
Thrasher, Underwood, Webb, Wilcox, Wingfield, Wood, Mr. President.

Those absent were :Messrs.-
Gross,

Wi~ht.

The Journal of yesterday was read and approved.

1Ir. X esbitt moved to reconsider the following Senate bill, which was lost on yesterday:

THURSDAY, NovEMBER 24, 1898.

203

By }Ir. Nesbitt-

.

.

A bill relative to the net proce~ds .arising from the in-

. spect.ion of oils and fert~lizers in this State.

The motion was carried, and the bill was made special Drder for next \Vednesday, immediately after the reading of the .Journal.

)Ir. Fouche, Chairman of the General Judiciary Committe, submitted the following report:

1lh. President:
The General Judiciary Committe have had under considt>ration, the following House bill, which they instruct me to report back to the Senate with the recommendation that the same do pass:

A bill to amend section 398 of the third volume of the Code of Georgia, touching gaming-houses in this State.

Also, a bill to amend an Act, approved December 4th, 1890, to vest in the mayor of the oity of Savannah the veto power.
Respectfully sub~tted. , R. T. FOUCHE, Chairn1an.

~fr. Little, Chairman of the Committee on Agriculture, l>nbmitt.ed the follo-wing report:

204

JOURNAL OF THE fSENATE.

Mr. President:

The Committee on Agriculture, to whom was referred House bill No. 46, by Mr. Adams o Putnam, instruct me to repffrt said hill, Wli.th the recommendation that it do pass.

Respectfully submitted. WM. LITTLE, Chairman.

Mr. Odom, Chairman pro tern. o the Committee on Engrossing, submitted the following report:
llfr. President:
The Committee on Engr06sing report as duly engrossed and ready to be delivered to the House, the following bills:

A bill to reduce and regulate the fees o officers in certain cases.

Also, a bill to amend the charter of the city of Albany.

Also, a resolution, extending congratulations to Thomas M. Brumby.
Respectfully submitted. BENTON ODOM, Chairman.
The following Seruate bills were read the first time, to wit:
By :Mr. Wingfield-
A bill to provtide or the more full and complete transfer and assignment o rent notes and mortgages.

THuRsDAY, NovEMBER 24, 1898.

205

,Referred to the General J udi.ciary Committee.

By unanimous coDSe!Ilt, Senator W. C. Bunn was added to the General Judiciary Colillllittee.

Also, Senator WOlod was added to the Committee on Blind Asylum.
The following House bills were read the second time, t() wit: By Mr. 1\fitchell-
A hill to reincorpo:rate the town o Thomasville in the county of T4omas.
Also, By 1\fr. Adams.
A hill to amend section 698 o the 3d vdlume o the Code of 1895.
Also, l~y :Mr. Laing-
A hill to abolish the county court o Terrell county.

Also, By 1\fr. Laing-
A bill to estahlish a city court in the city of Dawson, in the county of Terrell.

206

JouRNAL oF THE SENATE.

Ah:o,

l3y ~Ir. Spe~r-

A bill to make it lawful that upon the death of employees of railroads ~nd other corporations in this State, their \\ages (if any) may be turned over to their widows and not have an administrator appointed.

Also,
By ~fr. JonesA bill to amend sectti.ons 2253, 2254, 2255, 2256, 2257~
2258, 2259 and 2260 of the Code of 1895.

Also, By :XIr. LaRoche-
A bill to amend an Act, apprond December 4th, 1890~ to Yest in the mayor of SaYannah the Yeto power.

Also, By :Mr. Jones-
A bill to amend sec-tion 2250 of the Code of 189;).

The following Senate bills were read the ~oncl time:
By ::\Ir. WightA bill to amend section 1107 of the Code of Georgia,
relative to sheri~s' fees.

FRIDAY,. NovEMBER 25, 1898.

207

Also,

By Mr. Bunn-

A bill to amend the Act incol'}Xlrating the tmvn o Cedartown, in the county o Polk.

Upon motion o l.fr. Steed, the Senate adjourned until to-morrow at )1 o'clock a. m.

Senate Chamber, Atlanta, Georgia, _Friday, November 25th, 1898.
The Senate met pursuant to adjournment at 11 o'clock a. m. and was called to order by the President pro tern.

Prayer was offered by ReY. Mr. Bond.

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

Blalock, Brannen, Bunn, Daniel, Davis, Dickerson, Dowling, Fouche, Grrene, Grosl', Grovenstein,

Humphre,p, Johnson, King,
I~ang",
Little, ::\!ann, McGehee, McLester, Morrison, Moye, :Nesbitt,

Rawlings, Reddinv, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, \Vest,
Wil(!OX,

208
Hand, Heard, Hodge,

JoURNAL OF THE SENATE.

Odom, Passmore, Perkins,

Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Clifton,

Wight.

The Journal of yeste!l'day was read ,and approved.

By unanimous consent, 'the following Senate bill was taken up to be read the second time with adverse report of committ-ee:
By :Mr. Humphreys--
A i,ill to lWtuire railroads to construct depots under certain circumstances in this State.
Mr. Humphreys moved to disagree to the report of the committee, which motion was carried.

Leave of absence was indefinitely granted to the President on account of sickness of his father.
Leave of absence was granted Mr. Perlcins until Monday; also, the committ-ee to visit the Georgia Normal and Industrial School at Milledgeville.

Leave of absence "\VIaS also granted Mr. C1iton until ~fonday, on oocount of siekneS'S.

Under the regular order, the following bills were introduced and read the first time:

FRIDAY, NOVEMBER 25, 1898.

209

By Mr. Brannen.A bill to amend section 2835 of the Code of 1895.

Referred to the General Judiciary Committee.

Also,

By Mr. BrannenA bill to amend section 2867 of the Code of 1895.

Referred to the General .JudiJCiary Committee.

Also,

. .-....

By Mr. Brannen-

'

.A bill to amend section 2780 of the Code of 1895.

Referred to the General Judiciary Committee.

Also, By Mr. Brannen-
A bill to amend section 2779 of the Code of 1895.

Referred to the General Judiciary Committee. Also, 13;r Yr. BrannenA bill to amend section 2783 of th:e Code of 1895.

Referred to the General J udi'Ciary Committee.
14 sj

210

,JOURNAL OF THE SENATE.

Also, By :Mr. J olmson-
A bill t() repeal an Act creating a Board of County Commissioners for t.he county of Fannin.

Referred to the Spooial Judiciary Committee.

~\lso,
By :Mr. :NesbittA bill to amend the charter of the Capital City Bank of
.\tlanta.

Referred to the General Judiciary Commith:e.

Leave of absence was g-ranted the committee to visit the blind asylum.
:Mr. Redding, Chairman of the Committee on Special Judiciary, submitted the following report:
Jlr. President:
The committee have had under consideration the following House bill, which they instruct me to report back with the recommendation that eame do pass, to writ:
A bill to create a Board of Roads and Revenues for the <~Olmty of Twiggs.
Respectfully submitted. J. F. REDDING, Cha-irman.

FRIDAY, NovE~fBER 25, 1898.

211

Mr. \Vest, Chairman of the Committee on Corporations, submitted the follo"\\ing report:

.Mr. Ptesident:
The Committee on Corporations have had under con-sideration the following House bill, which they instruct me tP report back, with the recommendation that same be read the second time and reoommitted, to wit:

.A bill to amend an Act creating a Board O'f Commissioners of Roads and Revenues for the county of Glynn.

Respectfully submitted.

W. S. WEST, Chairman.

Mr. Little, Chairman of the Commit0e on Agriculture, submitted the follow~ng report:
~lf1. President:
The Committee on Aglliculture have had under con-sideration the following House bill, which they instruct me to report back with the recommendation that same do not p~, to wit:
A bill reqruring all persons offelling for sale any cotton-seed meal or hulls in sacks or packages, to have plainly stamped the w.~ight thereof.

The committee have also had under consideration the iolwwing House bill, which they direct me to report back

212

JoURNAL OF THE SENATE.

with the recommendation that same do pas8, as ameruled~ to wit:

A bill to prescribe the grades of complete fertilizer!''.

Respectfully submitted. WM. LITTLE, Chairman.

The following House bills were read the third time to be put upon their passage:
By :Mr. Mitchell-
A bill to reincorporate the city of Thomasville in the county ~ Thomas.
Upon the passage of the bill, the ayes were 30, nays 0.
The bill having received the requisite oonstitlirtlional majority, was passed.
Also,
By :r. Adams-
A bill to amend section 698 o the third volume o theCode o 1895, relative to setting -fire to woods.

Upon the passage o the bill, the ayes were 31, Ilia.J'S 0.
The hill having received the requisite constitutional ma-
jomty was passed.

FRIDAY, NOVEMBER 25, 1898.

213

.Also,
By :Mr. Speer-
A bill to make it lawful, that i any employee o a railroad or other corporation in this State is killed the wages (j any) due said employee may be turned over to his widow without having an executor appointed.

Upon the passage o the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority was passed.
Also, l~y Mr. Laing-
A bill to abolish the county court o Terrell county. upon the passage o the bill, the ayes were 32, nays 0.

'J'he bill having received the requisite constitutional majoritY. was passed.
Also,

_-\. bill to establish a city court in the city o Dawson in the county o Terrell.
Upon the passage o the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.

214

JoURNAL OF THE SENATE.

By Mr. Griffin-
A bill to establish a Commission of Roads and Revenues for the county o Twiggs.

Upon the passage of the bi1l, the ayes were 32, na~ 0.

The bill having received the requisite constitutional majority was passed.

Also, By :Mr. :McDonough-
A bill to amend section 398 of the Code of 1895, relaliive to gaming~houses.

Upon motion o Mr. West, the bill was tabled.

Also, By :Mr. Jones--
A bill to amend section 2248 of the Code of 1895, relative to reporting stock kiHed by railroads.

Upon the passage of the bill, the. ayes were 31, nays 0.

The bill hav:ing received the requisite constitutional majority, was passed.
Also, By Mr. .Jones-
~A.. bill to repeal sections 2253, 2254, 2255, 2256, 22.571 2258, 2259 and 2260 of the Code of Georgia of 1895.

FRIDAY, NovEMBER 25, 1898.

215

Upon the passage of the bill the ayes were 30, nays 0.

The bill hav-ing received the requisite constitutional majority, was passed.
Also,
};y 1Yir. LaRoche-
A bill to amend the charter af the city of Savannah, so a;;: to give the veto power to the mayor or acting mayor of Savannah.

Upon the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite constitutional majority, was passed. By Mr. Moore-
A bill to fix the fees for jurol'S in foroible entry cases.
Upon the passage of the bill the ayes -were 26, nays 0.
The bill having received the requisite oonstitutional majority, was pru;sed.
The following Senate hill was tabled: Bill No. 37.
The following Senate bills were read the third time to be put upon their passage. By Mr. Bunn-:-
A bill to amend the charter of Cedartown in the county of Polk.

216

JOURNAL OF THE SENATE.

Upon the passage of the bill, C'e ayes were 28, nays 0.
The "bill having received the requisite constitutional majority was passed as amended, and the amendments were as follows:

By striking out section 4 of the Act and establishing therefor the following to be eeet,ion 4: All elections held under the provisions of this charter, shall be conducted an<j. managed aceording to the provisions fixed by law for the holding of elootions for the election of Illronbers of the General Assembly of Georgia. The said provisions regulating election for members of the General Aa;em:bly are hereby made to apply to elections held under this charter. The returns of all such elections shall be made as hereinafter provided for.

Upon motion of Mr. Nesbitt, the spooial order for next
wednesdc;y was displaced, and the hill was tabled until the
Senator from the 35th returned to the Senate.

The following House bill was read the second time, b wit:
By Mr. Johnson-
A bill to prescribe three grades of fertilizers for this State.

Also,
By )<fr. EmanuelA bill to create a Board of CommisBione~ of Roads and
ReYennes for the county of Glynn.

MONDAY, NOVEMBER 28, 1898.

217

Recolllllllitted to the Committee on Corporations.

The follawing bill was read the seoond time with adverse report.froon committee:

By :Mr. Swift-
A biH to require all person or persons selling cottonseed meal or hu1ls to ha.ve plainly printed on the sack or package the weight of same.
The report of the committee was agreed t.o and the bill was }l()t.

Upon motion of Mr. Wingfield, the Sellillte adjourned until Monday at noon.

Senate Chamber, Atlanta, Goorgia, Monday, November 28th, 12 o'clock m.

The Senate met pursuant to adjoup1melllt a.t 12 o'clock m. and was called to order by the President pro tern.

Prayer was offered by the Rev. Mr. Bond.

Upon the call of the roll, the following members an~ered to their names:

Blalock, Brannen

Johnson, King,

Terrell, Thompson,

218
Bunn, Daniel, Dickerson, Dowling, Fouche, Gross, Groven11tein, Hand, Heard, Humphreys,

JOURNAL OF THE SENATE.

Lang, Mann, Morrison, McGehee, McLester, Nesbitt, Passmort>, Redding, Steed,

ThrashP-r, Underwood, Webb, West, 'Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Clifton, Davis, Greene, Hodge,

Little, Moye, Odom,

Perkins, Rawlings, Sutton.

The Journal of Friday was read and approved.

The follO'Wing message was received from the Housf',. :hrough 1fr. JJoifeuillet, the Clerk thereof:
Mr. President:
The House 'has non-concuiTed in the Senate sub:'ltitutt> to House bill No. 126, to wit:

A bill to amend the Act of December 15th, 1871, an1l Acts amendatory t'heroof, Sta:b1i~hing the city court of Atlanta, for the purpose of providing for the election of the :judge thereof by the people of Fulton county, and for other purposes.
The House has also plU!Sed by the requisite constitutional majority, the following biills of the House, to wit:

MoNDAY, NovEMBER 28, 189'8'.

219-

A bill to provide and fix the hours of keeping open thepolls at precinots, situated in incorporated towns or cities where there is more t'han one precinct, and for other purposes.

Passed. Ayes 121, nays 0.

Also, a bill to 'alllend an Acl, to make permanent the income of the University of Georgia, and for other purposes.

Passed. Ayes 125, nays 6.

The House has also concurred in the Senate amendment striking the words "at sruid bait" in the 5th and 6th line& of section 1 of the following bill of the House, to wit:

A bill to pr.went the baiting anJ killing of doves thus' baited in this Sta:te.
The House has passed by tl1e requisite constitutional majority the folloWing bills of the House, to wit:
A bill to repeal an Act to provide for the exam:inabion of private banks by the bank examiner of this S'tate, and for other purposes.
Passed. Ayes 105, nays 0.

Also, a bill to amend the charter of the city of :Macon,. and for other purposes.
Passed. Ayes 102, nays 0.

:220

JoURNAL OF THE SENATE.

The following meesage was received from the House ihrough ~fr. Boifeuillet, the Clerk thereof:

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

A bill to repeal an Act to create a Board of Commissioners for the city of Savannah, and for other purposes.
Pa;osed. Ayes 100, nays 0.
Also, a bill to amend the charter of Leesburg in Lee count:', and fOil" other purposes.

Passed. Ayes :92, nays 0.
Also a bill to repeal an 'Act to ereate a Board of Police 'Commissioners for the city of Savannah, and for other plU"poses.

Passed. Ayes 100, nays 0.
Also, a bill to repeal an Act to create a Board of tax -assessors and receivers fw the city of Savannah, and f01 .other purposes.
Pa..<:.sed. Ayes 118, nays 0.
Also, a bill to compensate for their services the Commi&:Sioners of Roads and Revenues of Burke county.
Passed. Ayes 104, nays 0.

MoNDAY, NovEMBER 28, 1898.

221

Also, a bill to repeal an Act creating the office of Commissioner of Public Works for_ the city of Savannah.
Passed. Ayes 90, nays 0.

Also, a bill to authorize the city council of Augusta tOo impose a penalty for failure to pay taxes, and for other purposes.
Pa..~. Ayes 95, nays 0.

Also, a bill to authorize the city council of Augusta tOo affix a ~ity for :fa!ilure to make ta.'{ returns, and for other purposes.
Passed. Ayes 96, nays 0.

Also, a bill to repeoil. an Act to prohibit in Chatham county, the holding of more than one o:ffi.oo at any one time, by one person.
Passed. Ayes 109, nays 0.

Also, a bill to authorize the city council of Augusta to enforce the collection of all taxes, and for ocher purpooes.
Passed. Aye. 93, nays 0.

Also, a bill to repeal an Act to create a Board &f Water Commissioners for the city of Savammh.
Passed. Ayes 100, nays 0.

Also, a bill to amend the charter of the city o, Valdoeta. Passed. Ayes 100, nays 0.

'222

JoURNAL OF THE SENATE.

Also, a hill to authorize the mayor and council of the 1own of Cochran to purchase, build and maintruin a system -of watrworks, and for uther purposes.
Passed. Ayes 93, nays 0.

The House has also adopted the foHowing joint rSOluiion of the House, in \Vh~ch the eoncurrence of the Selllate is asked, to -wit:

A resolution, instructing wr Senators and Reprffientaiives in Cangress to use their best efforts to secure the early I'Ompletion of the Nicaraguan canaL
:Mr. Heard, Chairman of the Committee on Engrossing, :submitted the follffiv,ing report:

Jlr. President:
The coonmittee report as duly engrossed and ready to be iransmiitted to the House the following Senate bill, to wit:
A bill to provide a new drarieT for the city of Cedartown in Polk county.
Hespectfully subm.itted. COLUMBUS HEARD, Cha~rman.

Mr. Fouche, Chairman of the General Judiciary Com 1nittee, submitted the following report:
Jfr. President: 'The G.eneral Judiciary Comm.ittee have had under con

MoNDAY, NovEMBER 28, 1898.

223

sidemtion the following House bill, whi0h I am iinstructed to report back to the Senate with the recommendation that the same do pat>s:

. A bill to prohibit credlitors from assigning and transferring or sendftng out of this State claims of accounts against a resident of this State, to have the same collected by garnishment.
Respectfully submitted. R. T. FOUCHE, Chairman.

The following resolution was read and adopted:
By Mr. Steed-
A resolution, extending the sympathies of the Senate to Mr. S.D. Bradwell and Ron. 1Vm. Clifton, upon the death of their wife and sister.
The following resolution was read and adopted:
By :Mr. Redding of the 22d Dastricl-
Wher.eas, News has been transmitted to this honorable hody of the death of Mr. J as. A. Dodson, :father of our highly-esteemed President,
lla;olved, That the Georgia Senate, in regular session convened, hears with great sorrow of the sad end of this
honored citizen oi our State, and we deplore his death as a
serious loss to the sturdy yoom"anry of Georgia, t.hat he has so well reflected in a life free from blemish and vainglory.

224

JOURNAL OF THE SENATE.

Resolved, That our hearts go out to the bereaved household in t-his hour Gf affliction, and we ask the all-merciful: God to comfort them in their desolation.

Resolved, That the able and estimable President of the Georgia Senate be apprised of our deep sympathy in his great grief, and that philosophic support, which can only come from the All-wise, may be so communicated to him t'hat he may be enabled to withstand this blow, which has been visited upon him in an unexpected hour.

Resolved, That these resolutions be spread upon the minutes, as a loVIing testimoruial of our sorrow ami ~teem, and that the Secretary of the Senate be instructed to send a copy of the same, officially approved, to the family of the deceased, and one to our President, Ron. \V. A. Dodson.

By unanimous 'COnsent, Senate bill No. 40 was withdrawn by Senator Bunn.

Th~s being the regular order :for the introduction of new matter, rthe following bills were read the first time:
By Mr. GrOS&A bill to amend the laws as contained in the first para-
graph of section 289 of the first volume <Y.f the Code of 1895, to make the session of the General Assembly biennial.
Re:f~rred to General Judiciary Committee.

MoNDAY, NovEMBER 28, 1898.

225

Also, .
:By Yr. Steed-
A biU to amend section 107 of volume 1 of the Code of 1895, to add an additional subsection to be known q seetiion 8.

Referred to the General Judiciary Committee.

Also,
I~y Yr. Underwood by request-
A bill to allow any person or persons to create a lien or give a bill of sale to any crops to be grown, to merchants or banks.

Referred to the General Judiciary Committee.

Also, By Yr. Wight-
A bill to reduce the bond of the sheriff <:d Dougherty county.

Referred to the General Judiciary Committee.

Also,
By Mr. Fouche-
A bill to dispense with a motioo for new trial, and filing briefs of the evidence, and to authorue a direct bill of ex<'eptions tin certain cases.
l i Aj

226

JOURNAL OF THE SENATE.

Referred to the General Judiciary Committee.

Also, B:y- Mr. Fouche--
A bill to amend section 5541 of the Civiil Code of 1895_

Referred to the General Judiciary Committee.

By unanimous consent, the following Senate hills were read the th,ird time, to be put upon their prulBilge:

By lfr. Wight-
A bill to create a Board of Pol'ice Commissioners for the city of Albany lin Dougherty county.

Upon the passage of the bill, the ayes were 27, nays 0.

The bill having received the requisite constitutional rna- jority, was passed.

Also, By Mr. Wight-
A bill to amend section 1107 of the Code of Georgia. relative to sheriffs' fees.

Upon the passage of the bill, the ayes were 25, nays 0.

The bill having received the requisite constitutional rna- jority, was paseed as amended, and the amendments were as follows:

MoNDAY, NovEMBER 28, 1898.

227

By adding after the figures 1107 in the title and after the figures 1107 lin the 3d line of section 1, the words "of volume 3."

The following communication was received from his Excellen'Cy, the Governor, through his Secretary, Mr. Hitch,. to wit:

]fr. President:
.l am directed by his Excellency, the Governor, to de-
liver to the Senate a communication in writing.

State of Georgia, Executive Office, Atlanta, November 26, 1898..

To the Senate and House of Representatives:

By a joint resolution of the General Assembly, approved on the 6th day of Dooem;l?er, 1897, it was made the duty of the Governor to appoint a commission of seven citizens of this State ''to communicate with t}le legislatures o each of the Southern States, with a view to securing cooperation lin formulating and putting in execution without unnecessary delay some plan by which 'an amount of money adequate to the undertaking'' may be appropriated by the
respective States "oo mark and properly care for the graves
of the Confederate soldiers who gave their lives in defense of a cause they beliieved to be just" and lie buried in northem States.

In compliance with the requirements of this resolution,

228

JOURNAl, OF THE SENATE.

the Governor o this State appointed as said co:mmisaion, General C. A. Evans, F. Edgeworth Eve, Robert E. Park, M. Newman, A. M. Fonte, William K. Prilsbury and G. M. Sorrell~ who have made progress in the work assigned them, and submitted the report herewith transmitted to your honorable 'bodies or your considemtion and such action as you may deem proper.
A. D. CANDLER, Governor.

:Mr. Terrell, Chairman o the Committee on the State o the Republic, submitted the followling report:

Mr. President:
The committee have had under consideration the following communication, whlich they instruct me to report back to the Senate that same be accepted, to wit:
An invitation rom the Chairman o the Military and Civic Parade, that the General Assembly attend the Peace Jubilee in Atlanta, December 14 and 15, 1898.
Respectfully submlitted. J. RENDER TERRELL, Chairman.

'The following House bills were read the first time: By Mr. Ellis o Bibb-
A bill to provide and fix the hours o keeping open the polls at precincts situated in incorporated towns.
Referred to the Spooial Judiciary Committee.

MoNDAY, NovEMBER 28, 1898.

229

Also, By Mr. Reynolds A bill to authorize the city Olf Augusta by council to af-
fix a penalty for fruilure w make tax returns.
Referred to the Special Judiciary Committee.

Also,
By lfr. ReynoldsA bill to authomze the city council of Augusta to im-
pose a penail.ty for fruilure to pay for use of water through the water pipes of that city.
Referred to the Special Judiciary Committee.

Also, By Mr. Ellis-
A bill to amend the charter of the city of Macon, and for other purposes.
Referred to the Special Judiciary Committee.

Also, By Mr. Lee-
A bill to authonize and empower the mayor and council of the town of Cochran, Ga., to purchase, build, construct and maintain a system of waterworks in said town.
Referred to the Special Judiciary Committee.

230

JoURNAL OF THE SENATE.

Also,

I~y )Ir. Jones-

A bill to oompeiL"''llte the Boord of Commissioners of Roru:ls and Revenues for the county of Burke.

Referred to the Special J udicia.ry Committee.

Also, Ry ).Ir. Erwin-
A bill to amend the Act entitled an Act to make permanent the income of the University of Georgia.
Referred to the General J udioeiary Committee.

Also, By Mr. Johnson-
A bill to amend the charter of Leesburg in the county of Lee.

Referred to the Special Judiciary Committee.

Also, By Mr. Ousley-
A bill to amend the charter of the city of Valdosta in the county of Lowndes.

Heferred to the Committee on Corporat-ions.

MONDAY, NOVEMBER 28, 1898.

231

Also, By Mr. Park-

A bi1l to repeal the Act providing that the bank examiner shall examine private banks.

Referred to the Committee on Banks.

Also.
By Mr. McDonough-
A bill to repeal an Act to prohibit in Chatham county the holding of more than one office by one person a;t any -(lne time.

Referred to the Special Judiciary Committee.

Also. -By Mr. M-cDonough-
A bill to repeal the Act to create the office of Commis.sioner of Public Works for the city of Savannah.

Referred to the Special" Judiciary Committee.

Also. By Mr. McDonough-
A bill to repeal an Act creating and organizing a Board ..of Water Commissioners for the city of Savannah.

Referred to the Special Judiciary Committee.

232

JOURNAL OF THE SENATE.

Also,

By Mr. McDonough-

A bill to repeal an Act entitled an Act to create a Boord of Police Commissioners for the city of Savannah.
Referred to_ the Special Judiciary Committee.

Also,
By Mr..McDonough-
A bill to repeal an Act entitled an Act to create and organize a Board of Fire Commissioners for the city of Savannah.
Referred to the Special Judiciary Committee.

Also, By Mr. McDonough-
A bill to repeal an Act entitled an Aet to create a Board of Commissioners of Tax Assessors and Heceivers for thec-ity of Savannah.
Referred to the Special Judiciary Committee.
Also, By Mr. Reynolds-
A bill to authorize the city council of Augusta to en:force the collection of all taxes, assessments, fines, licensesr fees, and other sums due said city.
Re:ferred to the Special Judiciary Committt\6.

MoNDA v, NovEMBER 28, 1898.

233

The following House bill was read the second time, to wit:

By Mr. Copeland-
A bill to prohibit creditors from aangning and transferring or sending out a the State, claims or accounts against a resident of this State to be collected by garnishment or otherwise.

The following House resolutions were read the first time:

By Mr. Oalvin-
A resolution inst~'Cting our Senators, and requesting our Representatives in Congress to use their best efforts in furtherance of the eaTly completion of the Nicaraguan canal.

Referred to the Coormittee on State of the Republic.
The following invitatJion was read and referred to the Committee on the State of the Republic:

From the Atlanta Peace Jubilee:
An invitation for the Senators to join in the military parade on the 15th day of December, 1898.

Upon mation of Mr. West, the Senate adjourned untJil to-morrow at 11 o'clock.

234

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Tuesday, November 29th, 1898.
The Senate met pursuant to adjournment ,at 11 o'clock a. m. and was called to order by the President pro tern.

Prayer was offered by the Ohaplruin.

Upon the call of the roll, the following members answered to their names.

Blalock, Brannen, Bunn, Daniel, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Hand, Heard, Hnmphreys,

Johnson, King, Little, Mann, Morrison, M:oye, McGehee, McLester, Nesbitt, Odom, Passmore, Rawling!, Redding,

Steed, Sutton, Terrell, Thompson, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were :Messrs.-

Clifton, Davis,

Hodge, Lang,

Perkins, Thrasher.

The Journal of yesterday was rood and approved.

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



TuF..sDAY, NovEMBER 29, 1898.

235

Jy[r. President:

The General Judiciary Committee have had under coni!idel"8Jtion the following Senate bills, which they instruct me to report back to the Senate, with the recommendation that the same do pass:

A bill to amend section 2835 of the Code of Georgia of -1895.

Also, a bill to amend section 2867 of the Code of 1895.

Also, a bill to reduce the sheriff's bonds of Dougherty -county.
Also, a. bill to amend section 5541 of the Civil Code of 1895.
Also, a bill to dispense with a niotion for_ new trial and filing briefs of the evidence, and to authorize a direct bill of exceptions in certain cases.
The cqmm~ttee also recommends that the following bill pa.ss as amended:
A bill to amend secllion 107 of volume 1 of the Code of 1895.
The committee also reeommends that the following Senate bills do not pass:

A bill to amend section 2783 of the Code of 1895. Also a bill to amend section 2719 of the Code of 1895.

236 -

JOURYAL OF THE SENATE.

Also, a bill to amend section 2780 o the Code o 1895.

Also, a bill to allow any person or persons to create a lien or give a bill o sale to. any crop to be grown that particular year, to ffilY farmer, merchant or bank.

Respectfully submitted. R. T. FOUCHE, Chairman.

1Ir. Redding, Chairman o the Special Judiciaey Committee, submitted the following report:

Mr. President:
The committee have had under consideration the following House bills, which they dqreot me to report back with the recommendation that the same do pass, to wit:

A bill to repeal an Act to create a Board o Police Commissioners or the city o Savannah.
Also, a bill to repeal an Act to prohibit the holding o more than one office lin Chatham oounty.
Also, a bill to repeal an Act to create a Board o Water Commissioners or the city o Savannah.

Also a bill to provide for a system of waterworks for the town of Cochran.

Also, a bill to authorize the city of Augusta to fix a penalty for failure to make tax, returns.

TUESDAY, NOVEMBER ~9, 1898.

237

Also, a bill to compensate the members of the Board of Roads and Revenues of Burke county.

Also, a bill to amend the charter a the city of Macon.

The committee llll.ve also had undoc consideration the following bill which they direct me to report back with the recommendation that the same do pass as amended, to wit:
A bill to amend section 105 of the Code, relating to the election of constables
The committee request that the following House hill be read the second time and re-refened to the Special J udiciary Committee, to ~t:
A bill to provide for the tlime the polls shall be kept open in :incorporated towns.
The committee have also had under consideration the following Senate bill, which rtJhey instruct me to report back with the recommendation that the same do pass, to wit:
A bill to repeal an Act creating a Board of County Commissioners of Fannin oounty.
Respectfully submitted. J. F. REDDING, Chairmau.

Mr. Heard, Chadrman of the Committee on Engrossing, submitted the following report:

238

JouRNAL oF THE SENATE.

..lfr. President:

The Committee on Engrossing report as duly engrossed and ready for transmission to the House, the following bills, to wit:

A bill to amend section 1107 of volume 3 of the Code relating to sheriff's fees.

Also, a bill to amend an Act to create a Board of PoLice Commissioners for the city of Albany.
Respectfully submitted. COLUMBUS HEARD, Chairman.

By unanimous consent the following House bill was read the second time and recommitted to the Committee on Banks:
By Mr. Park-
A bill to repeal the Act requimng the bank examiner to, examine private banks.
By unanimous consent Senator Passmore was added tf\. the Auditing Committee.
The following communication was recein:-d from his. Excellency the Governor, through his Secretary, :Mr. Hitch, to wit:
M1. P1esident:
I am directed by his Excellency, the Governor, to 1de--
liver to the Senate a communication in writing.

TUESDAY, NOVEMBER 29, 1898.

239

State of Georgia, Executive Department, Atlanta, N overnber 25, 1898.
To the Senate and House of Representatites:
On the 9th instant I had the honor to call the attention of your honorable bodies to a spooial report of the State Treasurer, showing that there would be a deficit in the public revenues on t.he 20th ~f July next, of about five hundred and forty-five thoualld ($545,000.00) dollars.. In. this message I expressed the hope that the representatives of the people would find some way of meeting the eondition that confronted us \\~thout resorting to a further increase <in the rate of taxation, which is already the highest in the history of the State, while the abiiJ.ity of the great body of our peopk, those engaged in tilling the soil, is, owing to the unprecedentedly low price of their productsr less than iit hns ever been in the past. But I made no specific recommendation as to how to supply the deficiency in revenue, beLieving that the GeneJral Assembly, in its wisdom, would be able without suggestion from me to solve in the wisest mlanner, the prOblem that confronts us. But the discuSSiion of the questions of taxation and revenue has developed so much diversity of opinion, not only as to the actual condition of the treasury, but as to how to surmount the difficulties that confront us~ and so much hesitation in suggesting a remedy is manifested, that I deem it my duty to communicate to you the conclusions at which I have arrived after a most -careful consideration orf the question.
It has been suggested that a revision of our entire taxing



240

JouRNAL OF THE SENATE.

system will develop an amount of property which now escapes taxation, large enough to yield revenue sufficient to make up the deficiency in the State's revenues. No dou~ sue;h a revision, the importance of which I most earnestly urge upon the attention of the General Assembly, would uncover for taxation a large amount of property which now eludes the hand of the tax-gatherer, but not a sufficient amount to make up the deficiency in the State's revenue. The class of property which escapes the taxing officer is usually stocks .and bonds and other evidences of indebtedness. While much property of this oharacter undoubtedly e:;capes taxation, it is not as much as many suppose, for our high rates of taxation, State, county and municipal, have driven it largely out of the State. The price of money is exceedlingly low. No good bond now sells in the market higher than a three and a half per cent. basis. In most o the counties the State and county taxes amount to one per cent., and lin most o the cities the tax gatherer demands about as much for municipal purposes. Hence, to the holder of such securities, there is left, after paying taxes, State, county and munlicipal, only one and one-hal per cent. net on his investment. This is so low, that it is to his interest tc place his money elsewhere, where it will ytield a better profit. He therefore seeks refuge in New England trust companies and savings banks, where he escapes taxation. 'I his being the case, no taxing system can be devised that v.cill reach this class of property, while our tax rates are so high, and even if, as hoped by some, lrurge amount& of thi;:; sort of property could be reached and made to bear Qts share of the burdens a government, it could not be done in time



TuESDAY, NovEMBER 29, J898.

241

io meet the liabiliilies of the State which will press upon us _in the next six or eight months--too early for a new taxiing :system to be enacted and put into operation. Hence, to meet the emergency some ath~r remedy must be found, -.and after a most careful consideration of the matter, and with the utmost reluctance, I am forced to the conclusion
that the only pmcticable way in which oo deal with the .~uestion is, for a time at least, oo curtail expenditures and
-reduce appropriations. To this conclusion, I believe all who study the question fairly and impartially must come at Jast.
This being conceded, the question presents itself, what
:appropriations can be reduced so as oo bring the State's
-outgo within her income Wlith least detriment to the bffit :interests of all the people? There are some appropriations that cannot be cut, such as the public debt, including the :$8,000.00 due the University annually, the interest on the .$90,000.00 landscript fund still held by the State; such :Salaries as cannot under the constitution be reduced during the term for which the present incumbents were elected; 1nsuranoo premiums on public property and the sinking fund. These are fixed ciharges on the treasury that cannot
oe reduced and must be met without abatement. Taking
the total of all of these appropriations from the total of ;the -e&timates made by the treasurer for the next year, we have about three millions left on which to work in our effort to
1,ring the State's expenditures down to her receipts without increasing the tax rate. Of this three million dollars, .-$G40,000.00 goes to pensions and $1,650,000.00 in round "llumbers goes to common schools, a total of nearly
16 SJ

242

JOURNAL OF THE SENATE.

$2,300,000.00, leavmg only $700,000.00 estimated for alE other purpooaas, an amount little more than sufficient tomoot the demand on the treasury during the next eight months, unprovided for. In othrer words, if you wipe out your printing fund, your contingent fund, your military fund, your public building fund, etc., etc., and uf all salaries and compensation to a!ll officers of the legislative, exeeutive and judicial departments of the State's government be abolished, and these officers work for nothing, you would" not, at the present rate of taxa11ion, after paying the fixed' charges on the treasury which cannat be les;ened, and the, estimated appropriations to schools and pensions, have a dollax le:t.
Thus it is demonstrated that you must either raise the present rate of taxation or reduce your appropriations forschools and pensions. Much sympathy and sentiment haa been indulged in by soone people and some newspapers, professed friends of the schools and pensioners, about the sacrednes:; of the appropriations for the old soldiers and the school children, and it :is right for us to guard with jealous care these two objects of the State's care, but, at the same time, we must not lose siglht of the fact that those who pay the taxes are entitled to as much consideration as those whoget the benefit of them. We are the guardians of theirrights as wellas of the rights and interests of the school children and of the Confederate veterans. We are bound to exercise due care and consideration for the interests of each without unnecessary injury to the other. Every patriotic Georgian is willing to be taxed to the verge of confiscation, if necessary, to provide for the wants of the needy

TuEsDAY, ~OVEMBER 29, 1898.

243

veterans of the Confederacy, who stood a wall a fire, between our homes and an armed invader, and for the wanta of his needy widow, and see to 1it that none of them ever want or go to a poor house; but neither sentiment nor justice requires us to levy taxes upon the poor mechanics and small farmers of the State, many of them themselves veterans, who have at best in such times as these, a hard struggle to lrive and feed anrl 'Clothe those dependent upon them, to pay pensions to those who are better off than they are and who do not need the bounty of the State to supply their actual wants. The same may be 'SHid of our schools. The constitution wisely provides that schools shall be established and supported by the State, in which all the children in the State, between six and eighteen years of age may be taught the "elementary branches of an English education," and it is our duty to see to it that this provision of the constitution is carried out in letter and in spirit. Every patriotic Georgian is wiUing to be taxed to the utmost li:mit of his ability to pay, to do this, but we have been going too fast in this matter of education, as we have in appropriations for pensions. But few of our schools aTe oonfined to the "elementary branches of an English education." Other and higher branches are taught to 'a few (sometimes only two or three pupils) in many of the schools, necessitating higher priced teachers, and thus creating a demand for larger appropriations for the free oohools. This :is wrong, and was never oontemplated by the framers of the oonstitution. Those who want to have their children taught Greek and Latin and higher mathematics are usually able to pay for it, and ought to do so '"'ithout requiring their

244

JOURNAL OF THE SENATE.

neighbors, whose children are too poor to indulge O.n theseluxuries, to be taxed to do it for them.
Again, the chlldren in the rural districts for whOSe benefit the State's schools were primar.ily intended, for the towns and cities usually have school systems of their own, would not, if schools were taught at their doors twelve months in the year, be able to go to school more than four Ol' five months, because they, both male and female, have in most cases to work in the field to aid their parents O.n supporting the family. This is a feet well known to all who are at all familiar with the conditions that prevail ill the agricultural sections of <>ur State, which embrace all of the State, except the cities and towns. Hence it is not necessary to overtax our people to support schools six, seven or eight months in the year, for the wh!ite children cannot, with few exceptions, avail themselves of them.
In view of all these facts and with a due regard for the best interests of all classes of our pe.ople, I have arrived at the conclusion that tne tax rate, already the 'highest ever levied in the State, DIOt only should not be raised higher, but should and can be lowered, and that appropriations should be reduced wherever tit is possible to do so, and that this can be done in many places 'vithont injustice to any deserving, needy beneficiary of the State's bounty.
I therefore reoommend that no extraordinary appropriation 1e made at thiis session for any purpose whatever, and that every ordinary annual appropriation which is not a flxed charge upon the treasury be reduced to the lowest posl'-ible limit compatible with the efficiency of the public service. The estimate for military purposes, for :instance~ can,

TuESDAY, NovEMBER 29, 1898.

245

in my judgment, be reduced one-half. The estimates of appropriations to some of the institutions supported by the State which are approxim!a.tely as jhtigh now as they were when the cost of living was much greater than it lis in this era of low pl1ices, may be reduced without injury to these institumons. I aavise that the oommittees charged with the care o these institutions look carefully into their management and 11heir requirements, and that wherever it is possible to retrench in the e..-.,;:penditure of money on their aceount, it be done.
After all of this is done, however, further retrenchment will be necessary t.o bring the expenditures of the State down to her revenues and lower the rate of taxation, and the schools and pemri.ons will have, for a time at least, to submit to the same inexorable necessity that all other objects of appropriation dto, and it will be necessary to revise the pension laws so as to oonfine the State's bounty to those C-onfederate soldiers and those widows of Confederate soldiers, whro actually need the aid of the State to supply their necessities and save them from want, and appeal to the patriotism of those who can live oomfortaJbly without pensions to do so until the condition of the country and the ability of our tax-payers will warrant a resumption of the present libeml pension policy. I believe these patriotic men, who on a hundred oottle fields, from 1861 to 1865, manifested a heroism and selrf-sacnifice unparalleled in the annals of the world, can be relied on to make wlithout murmur, this temporary sacrifice for the good of the State, in whose defense they shed their blood and offered their lives. I advise, also, that the extra four hund:red thousand dol-

246

JouRNAL oF THE SENATE.

lars added to the scliool fund this year be left off f()IJ' the next two years. Tthis can, as I have already shown, be done witJhout impruiring the efficiency of the ooh:ools, and without
depriving any child in the State oo an opportunity of going
to school five months in each year, which is as long a time and longer, than most of them could go even if the schools were kept open twice that long.
Thffie suggestions, gentlemen o:f the General Ailsembly, are made to meet the emergency that confronts us, and that the necessitieS of the State and of the tax-payers of the State demand thffiT adoptionthere can be no doUJbt, and tlhat th()S{l persons and institutions who M"e called upon to make the temporary sacrifices suggested will do so willingly and cheerfully, I firmly believe, :for Georgians have from the dawn of the revolutionary war <:).own to this day been as remarkruble for their moderation and conservatism in matters of State policy as for their !intrepidity and heroism on the field of battle, and there is no instance in the history of the State in which, when their representatives ihave found it necessary to call on them to make sac11ifices for the public good, that they have not cheerfully made them.
ALLEN D. CANDLER.

By unanimous consent, House bill No. 106 was recommitted to rt:Jhe Committee on Agriculture.
The following Senate bill was read the third time with Ddverse report from committee, which report had been disagreed to.

TuESDAY, NoVEMBER 29, 1898.

247

13: Mr. Humphreys--
A bill to require railroad companies to construct depots '"hen ordered by the Railroad Commission.
:Mr. Humphreys offered a substitute for the bill just read.

The o:riginal bill and substitute was recommitted to the General Judiciary Committee.

The following message was received from the House, ;through ~Ir. Boifelllillet, the Clerk thereof:
~llr. President:
The House has adopted the following joint resolution -of the House, in which the concu:rn-ence of the Senate js asked, to wlit:

A resolution to furnish an expert accountant to the -Joint Committee, appointed to investigate the con<li.tion of the State Treasury.

The Hou~ has also non-concurred in the Senate substiiute to House bill No. 125, to wit:

A bill to amend the Act esmblishing the criminaJl court "()f Atlanta, by proVIiding for the election of the judge and :Solicitor thereof by the people of Fulton county, and for -other purposes,

Mr. Steed moved, that the Senate insist on its substitute -to the following House bill, to wit:

248

JouRNAL OF THE SENATE.

By Messrs. Brandon, Slaton and Knowles--

A bill to amend the Act of September 6th, 1891, and Acts amendatory ilhereof, establiishing a crimiual court of the oity of Atlanta.
Which motion prevail_ed.

Also, to the following bill:
By Mr. Slaton-
A bill to amend the A.;t establishing the city court of Atlanta, approved December 15, 1871, and Acts nmendat.ory thereof, so as to elect the judge and solicitor by thepeople.
The motion prevailed.
The follawing House joint resolution was read and con' curred in:

By Mr. Knowles--
A resolution. Resolved, That the special committeer appointed to investigate the SUvte Treasury, 'be authorized. tc. employ an expert a'CCountant.
The follorwD.ng House bill was read. the thlrd time to beput upon its passage:
By Mr. Bryan-
A bill to amend section 105 of the Code of 1895, relative to the election of constalbles of this State.

TUESDAY, NOVEMBER 29, 1898.

249'

Upon motion of Mr. West, the bill was tabled temporarily.
Also,
By Mr. Copeland-
A bill to make it unlawful for any person to send out of this State any debt, aglllinst a resident of this State, to be collected by ga.rnli.shment or otherwise.
Mr. Mann moved that the bill be tabled, which motion was carried.

The following message was received from the Houa& through Mr. Boifeuillet, tfue Clerk thereof:

Mr. President:
The House has adopted the follQtwing joint resolution& of the Hoose, in which the concurrence of the Senate :is asked, to wit:
A resolution to pay to the widO'W of J. W. WillQtby of Fayette county, the pension due her deceased husband at. the time of 1hla death, for the year 1898.
P.assed. Ayes 120, nays 0.
Also, a resolution to appoint a committee of three from the House and two from the Senate to investigate and report tOO operation and results of the N Qtrtheastem Railroad Company, and for other purposes.
The House has also passed 'by the requisite constitutional majority the follO'Wing bills of the House, to wit:

:250

JouRNAl. OF THE SENATE.

A bill to make it unlawful for any person to wilfully or wantonly fire off or discho:rge any loaded gun or pistol on Sunday, except in defense of person or property.

Passed. Ayf'JS 95, nays 0.

Also, a bill to amend the charter of the city a Dawson, and for other purposes.
Passed. Ayf'JS 95, nays 0.

Also, a bill to authorize the mayor and aldermen a the eity of N ewn:an to establish and maintain a system of sewers, and for other purposes.

Passed. Ayes 119, nays 0. The following House bills were read the second time:

By Mr. Ellis--
A bill to provide and fix t:he hours of keeping open the polls at precincts situated in incorporated towns.
The bill was recommitte-d to the Special Judiciary Committee.

Also, .By Mr. Ellis-

A bill to amend the charter of the city of Macon.

TuESDAY, NovEMBER 29, 1898.

251

Also, By Mr. ::McDonough-
A bill to prohibit in Chatham county the holding of more than one office by one person at one time.
Also, JJy }Ir. ::\IcDonough-

A bill to be entitled an Act to repeal an Act creating
. and organilling a Board of Water Commissioners for the
-city of SaYannah.

Also,

By :Mr. Reynolds-
to A bill allow the city council of .Augusta to affix a pen-
alty for failure to make tax returns in said city.

Also,

13y :Mr. McDonough-
A bill to repeal the Act creating the Board of Police Commissioners for the oity of Savannah.

Also,
13y Mr. Lee-
A bill to empower the mayor and council of the town of Cochran, Ga., to purchase, bui!ld, construct and maintain .a system of waterworks in said city.

252 Also,

JOURNAL OF THE SENATE.

By Mr. Jones--
A bill to compensate tthe members of the Board of Com-missioners of Roods and Revenues of the county of Burke..

The following Senate bills were read the second time:.

By :Mr. Steed-
A bill to amend section 107 of volume 1 of the Code o 1895.
Also, By Mr. Fouche-
A bill to dispense with a motion for new trial and filing brief of evidenee, and to authorize a direct bill of excep-tions.
Also,

By Mr. FoucheA bill to amend section 5541 Olf the Civil Code of 1895._ Also,

By Mr. Wight-
A bill to reduce the bond of the sheriff of Dougherty" county.

TuESDAY, NovEMBER 29, 1898.

253

Also,

By ~Ir. Johnson-

A bill to repeal an Act to create~ Board of County Com1Ilissioners for the county of Fannin.

Also,

By :Mr. Brannen-

A bill to amend section 2867 o the Code of 1895.

Also, By )fr. Brannen-
A bill to amend section 2835 of the Code of 1895.
The following Senate bills were read the second time with adverse report from committee: By )fr. Underwood, by request-
.A. bill to allow any .-rerson or persons to create a lien or :g'ive a bill of sale to any farmer, merohant or bank on the crop to be grown by him that year.
Report of the committee was agreed to and bill was lost.

Also, By )[r. Brannen-
A bill to amend section 2780 of the Code of 1895.

The report of the committee was agreed to and bill was lost.

254

JOURNAL OF THE SENATE.

Also,

By Mr. BrannenA bill to amend section 2779 of the Code of 18V5.

The report of the committee was agreed to and bill waslost.
Also, By Mr. Brannen-
A bill to amend section 2783 of the Code of 1895.
Report of the committee was ,agreed to and bill was lost.
Leave of absence was granted the subcommittee of the Penitentiary Committee, consisting of Messrs. Daniel, webb, D()JWling, Lang and Raw1ings, to visit oamps.
By unanimous consent, Senators Rawlings ,and Morrison were added to the Penitentiary; Committee.
The follow:ing House bills were read the first time, towit:
By :Mr. FreemanA bill to authorize the mayor and council CYf Newnan to
establish and mainta,in a system of sewerage and drainagefor E>aid city.
Heferred to the Special Judiciary Committee.

TUESDAY, NOVEMBER 29, 1898.

255

Also, By Mr. Morris-
A bill to make it unlawful for a.ny person to Wlilfully orwantonly fire off Gr discharge any loaded gun or pistol on Sunday, exoopt in self-der.fense of person or property.
Referred to the General Judiciary Committee.
Also, By Mr. Lang-
A bill to amend the charter of the city of Dawson.
Referred to the Special Judiciary Committee.
The following House resolution was read and concurred: in: By Mr. Swift-
A resolution to appoint a joint committee of 3 from th& House and 2 from the Senate to investigate the operation of the Northoostern Railroad Company.
The follOIWing House resolution was read the first tlime, to wit: By Mr. Blalock-
A resolution, paying to the widow of J. W. Wo.lloby of Fayette county, pension for the year 1898.
Referred to the Committee on Finance.
Upon motion of Mr. Gross, the Senate adjourned until to-morrow at 11 o'clock a. m.

:256

JouRNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Wednesday, November 30th, 1898.

The Senate met pursuant to adjournment at 11 o'clock :a. m. and was called to order by the President pro tern.

Prayer was offered by the Chaplain.

Upon the call of the roll, the foHowing members an.swered to their names:

Blalock, .Brannen, Bonn, .Daniel, Davis, Dickerson, Dowling, Fouche, -Greene, -Gross, Grovenstein, Hand, Heard, Humph1eys,

Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Rawlings, Redding,

Steed, Sutton, Tt>rrell, 'l'hompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

ThOBe absent were Messrs.-

.Clifton,

Hodge,

Perkins.

The .Tournal of yeste:t.'day was read and approved.

By unanimous consent, Senate bill No. 24 was made P-pecial order for next Friday, immediately after the read ing of the Journal.

.

WEDNESDAY, NovEMBER 30, 1898.

257

The committee on the part of the Senate to investigate the condition of the Northeastern railToad are Messrs. Thrasher and Greene.

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

Mr. President:
The General Judiciary Committee have had under consideration the following House bill, which they instruct me to report back to the Senate with the recommendation that the same do pass:

A bill to make it unlawful for any person to fire a gun or pistol on Sunday, except for defense of person or property.

The committee also recommends that the following biil be withdrawn by its author:

A bill to amend the 1aw as contained in the first paragraph of section 289 of the first volume of the Code a 1895, making the sessions of the General Assembly biennial.
Respectfully submitted.
R. T. :FOUCHE, Chairman.

Mr. Redding, Chairman of the Committee on SpeC'ial Judiciary, submitted the following report:
17 ~j

258

JOURNAL OF THE SENATE.

Nr. ]>resident:

The cmnmittee have had under consideration the following House bills, which they instruct me to report back with the recommendation that same do pass, to wit:

A bill to repeal an Act to create a Board of Fire Commissioners for the city of Savannah.

Also, a bill to repeal an Act to create 'a Boord of Tax Assessors and Receivers for the city of Savannah.

Also, a bill to repeal an Act to create the office of Commissioner of Public "\\Torks for the city of Savannah.

~ A1so, a bill to amend tJhe ch~rter of Leesburg tin Lee county.
Respectfully submitted. J. F. REDDIKG, Chruirman.

:Mr. Hand, Chairman of Committee on Banks, submitted the following report:
Jfr. President:
The Committee on Banks have had under consideration the follo>vti.ng House bill, entitled an Act to repeal an Act to provide for the examination of private banks by the bank examiner of the State, to compel the making of statements as now required of incorporated banks, to provide for pun-
i~hment, etc., and I am instructed by said committee to re-

WEDNESDAY, NovEMBER 30, 1898.

259

-port same back with the recommendation that same do :pass.

Reopectfully submitted.

J. L. HAND, Chairman.

Thll.s being the regular day for the introduction of new -matter, the following bills were read the first time:
13y 1.fr. BrannenA bill to provide for the regulation of corporations, com-
-panies or associations, trnnsacting the business of life in.surance in this State.
Referred to the Cotllm.ittee on Corporations.
The following House bills were read the third time to 'be put upon their passage:
J3y Mr. EllisA bill to amend the charter of the city of Macon.

Upon the passage of the bill, the ayes were 25, nays 0.
The bill having received the requisite constitutional majc,rity was passed.
Also, By Mr. Reynolds-
A bill to authorize the city of Augusta in council to af-fix a penalty for fa-ilure to make tax returns in said city.

2GO

JouRNAL OF THE SENATE.

Upon the passage of the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority was passed.

Upon motlion, the following House bill was taken from: the table and put upon its passage:

By Mr. Copeland-

A bill to make it unlawful for any person to send out of this S~te an account to be collected from a person in thisSta.te, by garnishment or otherwise, in the employ of corporations.

Upon the passage of the bill, the ayes were 28, nays 1.

, The bill having received the requisite constitutional majority, was passed.

The followting Senate bill was taken from the table and: put upon its pas...~ge:

By Mr. King-
A bill to change the time of holding the superior court of the Cherokee Circuit.

Upon the passage of the bill, the ayes were 33, nays 0.

The bill having received the requisite constitutional majority, was passed.

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

WE:Q:NES:QAY, NOVEM:aER30, 1898.

261

.Jfr.. P resiQ,ent:

The House has passed by the requisite constitutional majority, the following bills of the House, to wit:
A bill to require judges of the superior a~d city courts oi this State to decide all motions for new tl"ials) injunctions, and other motions coming before them in counties where less than 50,000 i:ntba,bitants, within 30 days from the date such motions, etc., were submitted, and for other purposes.

Passed. Ayes 107, nays 0.

Also, a bill to regulate settlements to be mAde by the eollootors of this State, of railro~d taxes r-eceived .by them, -and to fix their compensation.
Passed. Ayes 88, nays 11._
Also, a bill to repeal an Act consolidating the office of clerk and treasurer of Columbia county.
Passed. Ayes 110, nays 0.

Also, a bill to fix the time for the election of all city offi-

-cers

now

elected

by

the
.

council

of

the

city

of

Sa.vannah,

-and for other purposes.

Pas..."ftl. Ayes 117,' nays 0.

Also, a bill to incorporate the town of Edgewood in DeKalb county, and for other purposes.
Passed. Ayes 108, nays 0.

262

JouRNAL oF THE SENATE.

Also, a bill to provide for a change oi venue in certain.
civil cases, under article 6, section 17 and paragraph 1, of the Constitution of the State of Georgia.
Passed. Ayes 95, nays 0.

The House has also adopted the following joint resolu-tions of the House, in which the concurrence o the Senate is asked, to wit:

A resolution, providing for the payment o certain moneys now in the treasury o the State of Georgia, grow-
ing out of wild land sales for 11axes, to Mrs. Anne E.. Branch, oi Richmond county.
Passed. Ayes 113, nays 0.

Also, a resolution, supplementary to joint resolut,ion No-.. 52, to appoint a joint committee to investigate the present; controversy between the Commis..~oner of Agriculture and:. Dr. Payne, and for other purposes.
Upon motion, the special order for next Friday, which_ is Senate bill No. 24, was displaced and made special ()ll"derfor next Tuesday.
The following Senate bill was taken from the table, to beput upon its paSS"age:
By 1Ir. JGng-
A bill to amend the registration law, so as to make it theduty of the tax receiver to register voters instead of tax. collectors.

WEDNESDAY, NovEMBER 30, 1898.

26a

Upon the passage of the hill, Mr. King called for the
ayes and naxs2 which call was su.stained, and the vote was as follows:

Those voting in the affirmative were essrs.-

Blalock, Bunn, Dickerson, Dowling, Humphreys,

Johnson, King, Mann, Moye, MtGehee,

Thrasher, Underwood, Webb, Wilcox, Wood.

Those voting in the negative were -Messrs.-

Brannen, Daniel, Davis, Fouche, Greenl', Gross, Grovenstein, Hand,

Heard, Lang, Little, McLester, Odom, PassmorP, Rawling,

Redding, Steed, Sutton, Thompson, West, Wight, Wingfield.

Those not Vl!ting were .Messrs.-

Clifton, Hodge, Morrison,

Nesbitt, Perkin!',

Terrell, Mr. President.

Ayes 15. Nays 22.

The bill not having received the requisite constitutional majority was lost.

Mr. Wight, Chairman of the Committee on Finance, submitted the following report: Mr. President:
The Committee on Finance have had under consderation

264

JOURNAL OF THE t;ENATE.

. the following Senate bill, which they instruct me to report hack, that same do pass by substitute, to wit:

A bill to provide for a Board of Equalization of real and personal property subject to taxation in this State.
Respectfully submitted. E. L. WIGHT, Chairman.

The following House resolution was taken up and concurred in, to wit:
By Mr. Jordan~
A resolution authorizing t"he committee appointed to 5nvestigate the controversy between the Commissioner of Agriculture and Dr. Payne tO summon wrl.tnesses and administer ooths to them, and for other purposes.
By unanimous consent, the follo,ving Senate bill was 1ead the second time:
By :Mr. :McLester-
A bill to provide for a Board of Equalization of tax returns in this State.
Leave of absence was granted the following sub comm~ittee to visit the convict camps untH Monday: Messrs. ~IcLest.er, Passmore, Sutroon and Wilcox.
The following House bills were read the third time to be put upon their passage.

WEDNESDAY, Nov-EMBER 30, 1898.

265

J3y :Mr. McDonough-

A bill to reptal the Act creating and organizing a Board -of Water Commissioners for the city of Savann~h.
Upon the passage of the hill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority~ was passed.
Also, By )fr. ~(cDonough-
A hill to repeal the Act creating the Board of Police Commif'Sioners for the city of Savannah.

Upon the passage of the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority, was passed.
Also, By ~[r. :McDonough--
A bill to prohibit, in Chatham county, any person holding more than one office at one time.
F pou the paseage of the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority, was passed.

266

JOURNAL OF THE SENATE.

Also, By :Mr. Park-
A bill to repeal the Act requiring the bank examiner o:f this State to examine private banks.

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

The bill having received the requisite constitutional majority, was passed.
.Also,
By Mr. Lee-A bill to authorize and impower the mayor and city
oouncil of Cochran to purchase, build and maintain a system of waterworks for said city.
Upon the passage of the bill, the ayes were 28, nays 0.
The bill having received. the requisite constitutional majority, was passed.
Also, By Mr.Tones-
A bill to compensate the Board of 00'lllmissioners of Hoads and Revenues for the county of Burke.

Upon the passage of the bill, the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was paS-.."Cd..

WEDNESDAY, NovEMBER 30, 1898.

267

The following House bill was read the second time and recommitted to the Committee on Appropriations.

By Mr. lAtimer-
A bill to appropriate the sum of $750, or so much thereof as may be necessary to pay pensions for 1898.

The following Senate bill was read the third time to beput upon its pa.,. ~sage:

By Mr. Johnson-
A bill to repeal the Act creating a Board of Commis~ioners of Hoads and Hevenues for the county o Fannin.

Upon the passage o the bill, the ayes were 31, nays 0.

The bill having received the requisite constitutional majority, was passed.
Upon motlion o Senator Steed, the Senate adjourned until to-morrow morning at 11 o'clock.

268

JO.URNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Thursday, December 1st, 1898.
The Senate met pursuant to adjournment at 11 o'clock a. m. and was called to order by the President pro tern.
Prayer was offered by the Rev. Mr. Wright.

Upon the call of iilie roll, the following membE)rs answered to their names.

Blalock, Brannen, Bunn, Daniel, Davis, Dickerson, Dowling, Fouche, Gteene, Grose, Grovenstein, Hand,

Heard, Humphreys, Johnson, King, Little, Mann, Morrison, l'lloye, McGehee, Odom, Rawlings,

Rediiing, S.teed, Terrell, Thompson, Thrasher,
Und~rwood;
West, Wight, Wingfield, Wood,: Mr. President.

Those absent were :Messrs.-

Clifton, Hodge, Lang, McLester,

Nesbitt, Passmore, Perkins,

Sutton, Webb, Wilcox.

The Journal of yesterday was read and approved.

Mr. Terrell, Chairman of the Committee on the State of the Republic, submitted the following report:

THJJR~DAY,, DECEl\IBER 1, 1898.

269

Mr. President:

The Committee on the State of the Republic have had under consideration the following House resolution, which they instmct me to report back to the Senate with the recommendation that same do pass, to wit:

A resolutiion instructing our Senators and Representatives in Congress to use their best efforts in futherance of the early completion of the Nicaraguan canal.

Hespectfully submitted. J. R. TERRELL, Chairman.

Mr. Wingfield, Chairman pro tern. of the Committee on :Engrossing, submitted the following report:

Mr. P1esident:
The committee report as duly engrossed and ready to be transmitted to the House, the following bills:

A bill to repeal an Act creating a Board of County Commissioners for Fannin county_.

Also, a bill to change the rime of holding the superior <'Ourt in the Cherokee Circuit.
Respectfully submitted. S. T. WINGFIELD, Chairman.
Yr..Wight,. Chairman of the Committee on Finance~ submitted the following report:

:270

JouRNAL oF THE SENATE.

~lfr. P1esident:

The Committee on Finance have had under consideration -the following House resolution, which they instruct me to report back that the same do pass, to wit:

A resolution, to pay to the widow of J. W. Willoby, of }'ayette county, the sum of sixty ($60) dollars, amount of -pension due for the year 1898.

The committee also recommends that the author be al-lowed to withdraw the following Senate bill, to wit:
A bill to require all guano manufacturers and dealers, .and also all manufacturers and dealers in commercial fertilizers, who may do business in this State, to return for taxation all of their assets in each county in which they may do business.

Respectfully submitted. E. L. WIGHT, Chairman.

Mr. Steed, Chairman pro tern. of the General Judiciary Committee, submitted the following report:
.Jlfr. President:
The General Judiciary Committee have had under con-sideration the following House bill, which they instruct me -to report back to the Senate, with the recommendation that the same do pass, as amended.

THURSDAY, DECEMBER 1, 1898.

271

A bill to amend t.he charter of the Home Loan Building (.'ompany of Atlanta.

The committee also recommends that the following Sen.ate bills do not pass:

.:\ bill to repeal the general registration law of Georgia.

Also, a hill to require ra:i.lroarls to bruild depots under certain circumstances, when ordered by the Railroad Commis-
.SIOn.

Respectfully submitted. \V. E. STEED, ChaiTman pro tern.

Mr. Blalock, Chairman of the Committee on Appropriaiions, submitted the following report:
Mr. President:
The Committee on Appropriations have had under consideration the following House bill, which they instruct me to report back with the recommendation that same do pass, -to wit:
A bill to appropriate the sum of seven hundred and fifty -dollars to pay pensions for 1898, to such invalid pensione~rs or their widows, ,,,ho have been regularly enrolled as pen:eioners, and who have failed to receive the same.
Respectfully submitted. S. T. BLALOCK, Chairma_n.

272

,JouRNAL OF THE SENATE.

The following Sub Penitentiary Committee was granted leave of absence far a few days: Messrs. Greene, Davis, Johnson, Perkins and Lang.

By unanimous consent, Mr. Odom was added to the General Judiciary Committee.

Leave of absence was granted Mr. Lang on account of sickness.

The following House bills were read the first time:

By Mr. Morris-
A bill to require all judges of the superior and city eourts of this State to decide all motions for new trials, injunctions, etc., within 90 days in counties with more than
r.o,ooo inhabitants, ,and counties with less than 50,000
inhabitants, in 30 days.
Referred to the General JudiciaJry Committee.

Also,
By :Mr. HowardA bill to regulate settlements to be made by the ta.x-
<'ollectors of this State, of railrood taxes received by them, and to. fix their compensation.
Heferred to the Finance Committee.

B,v ~f~srs. :Mayson and GeorgeA bill to ,incorporate the town o Edgewood m the

THURSDAY, DECEMBER 1, 1898.

273

county of DeKalb, and to provide a mlllllicipal government for said town.

Referred to Committ,ee on Corporations.

Also,
By Mr. Bell-
A bill to provide for a change of venue in certain civil cases under article 6, section 17 and paragraph 1 of the Constitution of Georgia.

Referred to the General Judiciary Committee.

Also,

By Mr. LaRooche-
A bill to fix the time for the election of all city officem to be elected by the city council of Savannah.

Referred to the Special Judiciary Committee.

Also, By }Ir. Bynum-
A bill to repeal the Act consolidating the office of Clerk of the Superior Court, and Treasurer of Columbia county.

Referred to the Committee on Corporations.

The following resolution of the House ml8 read the first time:
18 sj



274

JouRNAL OF THE SENATE.

By Mr. Calvin-

A resolution providing for the payment to Mrs. Anna: E. Branch certain moneys in the treasury, growing out of sale o-f certain wild lands for ta..'i:es.

Referred to the :Finance Committee.

1Ir. Hand, Chairman on Banks Committee, submitted the following report:

Mr. President:

The Committee on Banks haYe had under consideration the follow-ing House bill, which they instn1ct me to report hack with the recommendation t.hat same do pass, to wit:

A bill to authorize and provide for the preparation and i::s1tance to the banks and banking associations, chartered by this State of circulating not8, to fully protect the same, and for other purposes.

Hespectfully submitted.

.T. L HAXD, Chairman.

The follo\\1ing House resolution was read the second time:
By "Mr. Blalock-
A bill to pay to the widow of J. w. \V,nloby, the pension
due for the year of 1898.

THURSDAY, DECEMBER 1, 1898.

275

The following House bill was read the second time, to wit:

By ~Mr. SlatonA hill to amend the charter of the Home Loan aml
Building Company of Atlanta.
Also,
By'Mr. :MorrisA bill to make it unlawful for any person to wilfully or
wantonly fire off or discharge any loaded gun or pistol on. Sunday.

Also, By )fr. Johnson-
A bill to amend the charter of Leesburg in Lee county~

Also,, By Mr. ~IcDonough-
A bill to repeal an Act to create a Board of Fire Commissioners for the ci,ty of Savannah.

Also, By )fr. :McDonough-
A bill to repeal the Act creating the Board of Tax-Assessors and Revenues for the city of Savannah.

276

JOURNAL OF THE SENATE.

Also, By Mr. McDonough-
A bill to repeal the Act creating a Board o Commissioners o Public Works in the city o Savannah.

By unanimous consent, the following bills were read the first time:
By :Mr. Morrison-
A bill to provide or the more humane execution o persons convicted o capital offense in this State.

Referred to the General Juiliciary Committee.
Also, By Mr. Morrison-
A bill to regulate and restrict the various pension laws o Georgia, so as to confine the payment to Confederate veterans that are not worth more than $16,000.
Referred to the General Judiciary Committee.
Upon motion, Serutte bill No. 6 was temporarily tabled.
By unanimous consent, Senate hill No. 56 was withdrawn by author.

The following message was recelived from the House, through Mr. Boieuillet, the Clerk thereof:

THURSDAY, DECEMHER J, 1898.

277

Mr. President:

The House insists on li.ts refusal to agree t.o the Senate substitute far the following bills of the House, and asks far a committee of conference, to wit:
A bill to amend the Act of December 15th, 1871, establish~ng t.he city court of Atlanta, and for other purposes.
Also, a bill to amend the Act of September 6th, 1891, establishlng the criminal court O'f Atlanta, ami for other purposes.

And has appointed as the commrittee of conference on the part df the House, Messrs. Slaton, BrandDn and Blalock.
Mr. Redding, Ohairman of the Committee on Special Judiciary, submitted the follawing report:

Mr. President:

The Committee on Special Judiciary have had under consideration the following House bills, which I am instructed to report back with the recommendation that same do pass, to wlit:

A bill to authorize the c.ity council O'f Augusta to enforce the collection of taxes.

Also, a bill to authorize the city coun0il of Augusta to impose a penalty for failure to pay taxes.

278

JoURNAL OF THE SENATE.

Also, a bill to amend the charter of the city of Dawson. Respectfully submitted.
J. F. REDDING, Chairman.

By unanimous consent, Senate bill No. 1 was read the third time, tabled and 100 copies ordered pmnted for the use of the Senate, and was made the special order for next Tuesday, immediately after the reading of the Journal.
Upon motion of Mr. Steed, the followting conference committee was app<)intl:ed to confer with House oommittee on House bills Nos. 125 and 126: Messrs. Stood, McGehee and Mann.
The following Senate bill was read the third time with adverse report from the committee:
By ~Ir. Humphreys-
A bill to amend section 2195 of the C<>de of Georgia, volume 11, fixing the venue of sutits in cases brought by the State to recover penalties !rom railroods for failure to constmct depots.
Mr. Humphreys moved to disagree to the report of the committee.
Mr. "\Vight called for the previous question.
]\fr. Steed moved, aa a substitute, that the Senate agree to the report of the committee, which is adwrse to the passage of the bill.

THURSDAY, lJECEMBER I, 1898.

279

And upon this, the ayes and nays were ordered and the yote was as follows:

Those voting in the affirmative were Messrs.-

.Bunn, Dickerson, Mann,

Morrison, Stet>d,

West, Wight.

Those voting in the negative were Messrs.-

Brannen, Fouche, -Greene, Gross, Grovenstein, Hand, Heard,

Humphreys, Johnson, King, Little, Moye, McGehee, Odom,

Redding, Thompson, Thrasher, Underwood, Wingfield, Wood.

Those not voting were :Messrs.-

Blalock, .Clifton, Daniel, Davis, Dowling, Hodge,

Lang, McLester, Nesbitt, Passmore, Perkins, Rawlings,

Sutton, Terrell, Webb, Wilcox, Mr. President.

Ayes 7, nays 20.

The report of the committee was agreed to.

?!Ir. Humphreys moved that the report of the committee be disagreed, which motion was carried.

Mr. Humphreys moved that this bill be ma?e the special ordm" to follow spooi'a.l order for ne::rt Tuesday.

Upon motion of ~Ir. "Wingfield, the Senate adjourned until to-morrow at 11 o'clock a. m.

280

JouRNAL oF THE SENATE.

Senate Ohamber, Atlanta, Georgia, Friday, December 2d, 1898.
The Senate met pursuant to adjournment at 11 o'clock a. m. and was called to order by the President.

Prayer was offered by the Ch!aplain.

Upon the call of the roll, the following members an swered to their names.

Blalock, Bmnnen, Bunn, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Grosl!, Grovenstein, Hand, Heard, Hodge,

Humphreys, Johnson, King, Lang, Little, Mann, Morrison, MoyE>, McGehee, Nesbitt, Odom, Perkins, Redding,

Steed, Sutton, Terrell, Thompson, Thmsher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Clifton, McLester,

Passmorl'1

Rawlings.

The Journal of yesterday was read ,and approved.

The follmving communication was received from lllis Excellency, the Governor, through his Secretary, Mr. Hitch, to wit:

FRIDAY, DECEMBER 2, 1898.

281

Mr. President:

I am directed by the Governor to deHver to the Senate a sealed communication to which he respectfully invites the conside:mtion of your honomble body in exeeutive session.

Leave of absence was granted Messrs. West and Humphreys until Monday; also, Mr. Gross.
By unanimous consent, Mr. King was added to the General Judiciary Committee.
Mr. Fouche, Chairman of the General Judiciary Committee, subniitted the following report:

};lr. President:
The General J udieiary Committee have had under consideration the following Senate bills which I am instructed to report back to the Senate, with the recommendation that the same do pass:

A bill to amend section 5551 of the Code of 1895.

Also, a bill to provide for a more complete transfer and assignment of rent and mortgage notes.

Also, a bill to provide for a more humane execution of persons convicted of capital offense tin this State.
The committee also recommends that the following House bills do pass:

282

JouRNAL oF THE SENATE.

A bill to require the judges of the superior and city courts of this State to decide all motions for new trials, injunctions, demurrers, and other motilons in a cel'tain length of time.

Also, a bill to provide for a change of venue in certain civil cases.

The committee also rooommends that the following Senate bill do pass, as amended:

A bill to amend section 2636 of the Code, to provide for a penal-ty for using the name of a person in a partnership who is not a member thereof.

The committee also recommends that the following Senate bill do pass by substitute:

A bill to fix the compensation of the stenogtaphic reporters of the superior and city courts of this State.
Respectfully submitted. R. T. FOUCHE, Chairman.

:Mr. 'Vight, Oha:irman of the Committee on Finance, submitted the following report:
Jfr. President:
The Committee on F~nance have had under consideration the following bill, which they :instruct me to report back to the Senate that the same do pass as amended, to wit:

FUlDA Y, DECEMB~:R 2, 1898.

283

A bill to fix the number of committeemen to visit the vanious institutes of the State, and fix the compensation <>t the same.

The committee also request me to report back the following bill, with the recommendation that the same do not pass, to wit:

A bill to amend section 5514 of the Code of 1895.

Respectfully submitted. E. L. WIGHT, Chairman.

:Mr. "\Vest, Chairman of the Couu:wittee on_ Corporations, !mbmitted the following report:
~lfr. President:
The Committee on Corporations have had under considn-ation the follo~ing Senate bill, which they instruot me to report back with the recommendation that same be read the sel'ond time, and recommitted, to wit:

A bill for the regulation of corporations.
The committee have also had under consideration the following House bills, which they direct me to report back with the recommendation that same be read the second time and recommitted, to wu.t:
A bill to repeal an Act consolidating the office of Clerk and Treasurer in Columbus county.

284

JoURNAL OF THE SENATE.

Also, a bill to amend the oharter of the city of Valdosta.

Also, a bill to incorporate the town of Edgewood un DeKalb county.

Respectfully submitted.

W. S. WEST, Chairman.

Mr. Perkins, Ohruirman on the part of the Senate to visit the different States to investigate the Australian ballot, mbmitted the following report:
lllr. President:
v,re, the joint committee, appointed under a resolution
of the General Assembly, to visit some State using the Australiilll baUot, illvesttigatte its operations and report our observations upon the same, beg leave to make the following report:
Your committee visited the State of Tennessee, where the general election was held in November.
Congressmen, Governor and State house officers, and lllembers of the General Assembly and other officers were elected at the N overuber election.
The committee visited Chattanooga and :Memphis, and received special courtesies at the hands of the officers and cimzens of each city.
Ample opportunities were given the committee to witness said eleotion in all its operations, under the Australian hallot law of Tennessee.

FRIDAY, DECEMBER 2, 1898.

285

The committee examined the preparations for holding elootions and witnessed the management by the superintendents and other officers, also the counting out of the ballots after the polls were closed.
MANNER OF VOTING.
Prior t.o registe:ring, the voter must pay 'htis poll tax. This is required of every voter between the ages of 21 and 50 years.
There are three County Registrars appointed bienruially by the Judge of the Superior Court for each county.
These three appoint assistant Registrars for eaoh voting precinct and also a Commi5!\ioner of elections and managers for the elections at each voting precinct.
T4e arrangements for voting are simple and inexpensive. A hollow square about 10 by 12 feet is enclosed with 2 by 4lumber. This square is occupied by. the Judges of election and Clerks. A rope is fastened around the front of the house in whlich the election is held, leaving an entrance on each side which i;; guarded by an officer. The entrances fifty feet from the c1.oor. One of the assistant Registrars occupies a position at the door. He has all the tickets for that precinct, which are printed by the government and not distmbuted, except to ftualified voters as they a1)pear at the door. A person w-ishing to vote approaches the door, exhibits to the assistant registrar; who has the tickets, his registration certificate and his poll tax receipt. Being properly

286

JOURNAL OF THE SENATE.

identified by tlms officer, he is given a ticket and allowed t() pass within. He hands his ticket, poll tax receipt and regi:-tracion certificate to the Commissionf'r of electJions, who places a corresponding numher on all. three and returns them to the voter. The voter then enters a small ho~th in which is a shelf. The ticket contains the name-s of all the eandidates, arranged in ~lphahetical order without other distinction. The voter makes a cross mark :immediately in iront or after the name of each candidate for whom he wishes to vOII:e. He w;ill then fold his ticket and return and hand it to one of the Judges of elections, togethf'r with his poll tax receipt and registration certificat. If the number& on all three correspond, and .the voter is otherw:ise identif!ed as a legal voter, his ballot is deposited in the election box and the voter retires.
Only one voter is allowed. to enter the booth at the same time, and he is allowed ten minutes to prepare his ballot if no others are following, and five if others are following.
The prerequisites to registrati()n are similar to the same under Georgia laws except th payment of taxes. Under the Tennessee law the payment of poll t~x is all that is required so far as taxes are concerned. All candidates are nominated by pl'limary elections, held under similar rules to those prescribed by_ political parties in Georgia.
Your committee wa:s much pleased with the good order preserved around the voting prroincis-the same being absolutely free from stri.fe and turmOiil.
So far as observed, the elections are fair and honest-no inducement being offered to any voter.
Under a proper and faithful management of an electio~

FRIDAY, DECEMBER 2, 1898.

287

1mder this law, fraud and bribery, and the use of improper means seem to be impossible.
The voting is undoubtedly sreret, each voter marlcing and preparing his own ticket, unless 'blind or otherWlise physically unable to prepare a ticket for himself.
No person is allow~d to acoompany the voter after he reaches within :fifty feet of the door of the house in which the election is held.
"\Vithout favoring or expressing a preference for the enactment of the AustraLian ballot law or any other special ballort law, your committee is profoundly impressed with the necessity of some kind of ballot reform for Georgia, a ref(~rm that will prevent the purchase and sale of votes with money or other corrupting influences.
J\L T. PERKINS, Chairman, On part of Senate.

The following Senate bills were read the :first time: :By J\lr. Mann-
A bill to amend sootion 2185 of the Code of 1895. Referred to the General Judiciary Committee.

Also, J~y Mr. Mornison-
A bill to re~l section 397, volume 3 of the Code of 1895.
Referred to Geneml Judiciary Committee.

288

JouRNAL OF THE SENATE.

Also,

lly Mr. Brannen-

A hill to reLieve the security on bond of S. S. Sasser against Solomon Akins.

Referred to the Finance Committee.

Also, By }fr. Fouche--
A bill to amend section 2168 of the Civiil Code of 1895. Referred to the Railroad Committee.

Also. By )fr. Brannen-
A bill to relieve J no. T. :Miken and J as. H. El1is as security on the bond of S. S. Sasser.
Referred to the Finance Committee.

The following resolullion was read and laid over until to-morrow:

By :Mr. Wight-

A resolution making the hour of meeting 10 o'clock instead of 11 o'clock.

The following Senate bills were read the third time to be put upon their passage:

FRIDAY, DEC'EMBE~ 2, 1898.

289

:By Yr. BrannenA bill to amend section 2835 of the Code of 1895.

Upon the passage of the bill, the ayes were 23, nays 0. The bill having received the requisite constitutional maj,'lrity_, was passed.
Also,
:By :Mr. BrannenA bill to amend section 2867 of the Code of 1895, rela-
tive to the record of schedule of exempted property. Upon the passage of the bill, the ayes were 26, nays 0. The bill having received the requisite constitutional ma-
jority_. was passed. Also,
13y l\Ir. WightA bill to reduce the bond of the sheriff of Dougherty
<e<'lmty to $10,000.
JJpon the ~ge of the bill, the ayes were 27, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Mr. Fouche-
A bill to amend section 5541 of the Code, which relata to bills of exceptrions pending.
19 sj

290

JOURNAL OF THE SENATE.

Upon the passage of the bill, the ayes were 26, nays 0.

The bill having rooeived the requisite constitutional majority, was passed.

Also,
Ry }fr. Fouche-
A bill to dispense with a motion for new trial, and filing briefs of the evidence, and to authorize a direct bill of exceptions in certain cases.

Upon the passage of the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also, By :Mr. Steed-
A bill to amend section 107 of the Code of 1895, relativetc contested election cases.

Upon the passage of the bill, the ayes were 25, nays 0.

The bill having received the requisite conatitutional majority was passed as amended, and the amendments were as follows:

By striking out the word "received" after the word "been" and before the word "and" in the 11th line of the <'aption of said bill and insert in lieu thereorf, the words.

FRIDAY, DECEMBER 2, 1898.

~ 291

"sent to him." Also, by st:r,iking out the words "received by" after the word "is" and before the word "the" in the 22d line of section 1 of said bill. Also, by strilci.ng out the words "received by" after the word "been" and before the wo1-d '%een" in the last line of section 1 of said bill, and insert in lieu thereof the words "sent to."

The following House bills were read the second time and recommitted to the Corporation Committee:

A bill to amend the charter of the city of Valdosta.

Also, a bill to repeal an Act consolidating the office o Clerk and Treasurer in Columbia county.

Also, a bill to incorporate the town of Edgewood in DeKalb county.

The following Senate bill was read the _second time and reco:rnmiJtted, to wit:

A bill provti.ding for the regulation of corporations or aE:sociations transacting the business of life insurance.

The following House bill was, by unanimous consent, taken up and put upon tits passage, to wit:

A bill to amend the charter of Leesburg in Lee county, to maintain a .dispensary in said town.

Upon the passage of the bill, the ayes were 25, nays 0.

The bill havin~ received the requisite consttitutional majority, was passed.

292

JouRNAL OF THE SENATE.

The following H~use bill was taken up and read third time to be put upon its passage:
By :Mr. CalVIin-
~'\ bill to authorize and provide for the preparation and ii'Suance to the banks and banking associations of tlhis State chartered under the laws of this State to circulate nOIOOs and Jlrotect tihe same.
Mr. Davis moved that the bill just read be indefinitely postponed, whiich motion was lost.
Upon motion of Mr. Hand, the bill jmt read was tabled.

The followling House bill was read the third time, to be put upon its passage:
By ~Ir. }!orris-----:-

A bill to make it unlawful for any person to wilfully or wantonly fire off or discharge a gun or pistol oo Sunday, ucept for defense of person or property.

Upon the p~e of the bill, the ayes were 25, nays 0.

The bill having received the requisite constitutional majority, was passed.

The followti.ng House resolution was read the third time to be put upon 1ts passage:
/
By ~fr. Blalock-
A resolution to pay to the widow of J. W. Willoby the pension due him for the year 1898.

FRIDAY, DECEMBER 2, 1898.

293

This being an appropriation it was necessary for the roll to be called on its passage, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Blalock, Brannen, Bunn, Davis, DickeJ"Bon, Fouche, Gross, Grovenstein, Hand, Heard,

Hodge, King, Little, Morrison, Moye, McGehee, Nesbitt, Odom, Perkim,

Redding, Steed, Terrell, Thompso!!, Thrasher, Underwood, Wt:Bt, Wingfield, Wood.

Those not voting were Messrs.-

Clifton, -Daniel, Dowling, Greene, Humphreys, Johnson,

Lan~,
Mann, McLester, Passmore, Rawlings,

Sutton, Webb, Wight, Wilcox, Mr. President.

Ayes 28, nays 0.

The resolution having received the requisite constitutional majority, was passed.

Also, By Mr. Calvin-
A resolution memorializing our Representatives in Congrees to vote and use their best effort to further t.he building of the Nicaragua canal.
The resolution was concurred in.

294

JouRNAL OF THE SENATE.

The following House bill was read the third tiine to be put upon its passage:

By }fr. Latimer-
A bill to appropriate the sum of $750, or so much there(f as may be necessary to.pay pensions for the year 1898.

. This being an appropl"iation, the roll-call was ordered on its passage, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Blalock, Brannen, Bunn, Davis, Dickerson, FouchP, Gross, Grovenstein, Hand, Heard,

King, LittlP, Mann, Morrison, Moye, McGehee, Nfsbitt, Odom, PerkinP,

Rdding, Steed, Terrell, Thompson, Thrasbtr, Underwood, West, Wight, Wood.

Those not voting were Messrs.-

Clifton, Daniel, Dowling, Greene, Hodge, Humphreys,

.Johnson, Lang, McLester, Passmore, Rawlings,

Sutton, Webb, Wilcox, Wingfield, Mr. President.

Ayes 28, nays 0.

The bill having received the requisite constitutional majc.rity was passed.

FRIDAY, DECEMBER 2~ 1898.

295

Also; By :Mr. :McDonough-
A bill to repeal the Act creating the Board of Fire Commissioners for the city of SaV'allnalh.

Upon the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

Also, By :Mr. McDonough-

A bill to repeal the Act creating the Board of Tax-Assessors and Receivers for the city of Savannah.
This bill was tabled.

.Also. By Mr. McDonough~

A bill to repeal the Act creating the office of Commissioner of Public Works for the city 'of Savannah.
l'"pon the passage of the bill, the ayes were 27, nays 0.

The bill having received the requisite constitutional majority was passed.
Also,
By .Mr. Slaton-
A bill to amend the charter of the Home Loan Building Company of Atlanta.

296

JoURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 23, nays 0.

The bill having received the requisite constitutional majority, was passed as amended, and the amendments were as follows:

Amend, by adding at the end of section 1 the following: J>rovided, that in case any of the books of record in the clerk's office shall be lost or destroyed, the county authori'ties shall hiave the right to obtain from said company, on payment of reasonable compensation, copies of any book or records that may have boon lost or mislaD.d from the clerk's office.
The following House hills were read the second time:

By Mr. Reynolds-
A bill to authorize the city council of Augusta to enforce the collection of all taxes, assessments, fines, license feet and any other sums due the city by execution.
By Mr. Reynolds-
A bill to authorize the city council of Augusta to impose a penalty for failure to pay taxes, assessments and fines for water used through the water pipes of said city..

By Mr. Bell-
A bill to provide for change of venue in certain civil cases under article 6, section 17 and paragraph 1 of the Oonstitution.

FRIDAY, DECEMBER 2, 18.98.

297

By lfr. Laing-

A bill to amend the charter of the city of Dawson in Terrell county.

By Mr. Morris--
A bill to require judges of the superior and city courts. of this State to decide motions ,in a certain length of time.

The following Senate bills were read the second time: By Mr. Brannen-
A billto amend section 2636 CYf the Code of Georgia.

Also, By Mr. McGehee-
A bill to provri.de compensation for the superior and city court stenographers of this State.
Also, By Mr. King-
A bill to fix the number of committeemen to visit the different institutions of this State.

By ~r. Wingfield-
A bill to provide for a more complete transfer of rent notes and mortgage notes, and other eVJidences CYf indebtedness.

:298

JouRNAL OF THE SENATE.

Also,

:By Mr. Mann-

A bill to amend section 5551 of the Code of 1895.

Also,
:By Mr. MorrisonA bill to provide for the more humane execution of per
sons -convicted of capital offense in this State.

The follOW!ing Sen:3Jte bill was read the second time with adverse report from committee:

By Mr. UnderwoodA bill to amend section 5514 of the Code of 1895.

The report of the committee was agreed to and bill was lost.

Leave Qf absence was granted Messrs. Moye, Terrell, Odom, Perkins, Thompson, Steed and Thrasher until Tuesday; also, Mr. Hand.

Upon motion of Mr. Brennen, the Senate adjourned until :Monday at 11 o'clock a. m.

MoNDAY, DECEMBER 5, 1898.

299

Senate Ohamber, Atlanta, Georgia, Monday, December 5th, -1898.
The Senate met pursuant to adjournment at 11 o'clock a. m. and was ealled to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll, the f01llowing members answered to their names:

Blalock, Brannen, Bnnn, Clifton, Daniel, Davis, Dickerson, Dowling, Foul'he, GrP-ene, Gros11, Grovenstein, Hand, Heard,

Hodge, Johnson, King, LanJl, Mann, Morrison, Moye, McGt>hee, McLester, Nesbitt, Odom, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Thrasher, Underwood, Webb, West, Wight,
Wil~.:ox,
Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Humphrey!', Little,

Passmore,

Thompson.

The Journal of yesterday was read and approved.

Mr. Fouche, C'hairman of the General J udioiary Committee, sUlbmitted the followiing report:

'~.

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Mr. President:
The General Judiciary Committee have had undeT considel"l!Jtti<m the following Senlllte bill, which .it instructs me to report back to the House, with the recommendation that the same do pass:

A bill to repeal section 397, volume 3 of the Code of Georgia of 1895.

The committee also recommends that the following Senate bill pass, as amended:

A bill to regulate and restrict the various pension la_ws of tills Stlllte, so as to confine the payment to Confederate soldiers not worth over $1,000.

The committee a;lso <recommends that the following Senate bill do not pa$:
A. bill to revise the election laws of this State, and provide the manner of holding elections.
Respootfully submitted. R. T. FOUCHE, Chairman.

l\fr. Redding, for the minority of the committee, submitted the following report:
1Yl1. President:
The Committee of the General Judiciary, having hlhd under consideration tthe election hill 'and recommended

MoNDAY, DECEMBER 5, 1898.

301

that the same do not pess, we the undersigned, beg leave to submit a minority report, and do recommend that th~ same do pass.
JOHN F. REDDING, R. T. FOUCHE.

Mr. Heard, Chairman oo the Committee on Engrossing,
submitted the following report:

Mr. President:
The committee report as duly engrossed and ready to be transmitted to the House, the following Senate bills, to wit:
A bill to amend section 107 of volume 1 of the Code of 1895, relwting to contested elections, by adaing an additional subsection.

Also, a hill to reduce the sheriff's bond of the county of Dougherty.

Also, a bill to dispense with a motion for new trial and filing brief of evidence, and to authorize a direct bill of exceptions lin certain cases.
.A-lso, a bill to amend section 2835 of the Code rela.ting to the approval of homesteads and recording same in this State.

Also, a biH to amend section 5541 of the CO<le, relating to bills of exceptions, pendente lite.

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Jou&~AL O.Jo' THE SENATE.

Also, a bill_to amend section 2867 of tthe Code of 1895,. relative to the record of schedules af exempted property.

Respectfully submitted. COLUMBUS HEARD, Chairman.

Mr. K'ing, Chairrrran of the Committee on Enrollment,. -reports as duly enrolled and ready for the signatures of th~ President of the Senate and Speaker of the House, to_ wit:

A resol111tion appointing a commlittee from the Senateand House to investigate the condition of the State Treasury.
Respectfully submitted.
0. N. KING, Chairman.

The following communication was received from h.is Excellency, the Governor, through his Secretary1 )fr. Hitch~ to wit:

Mr. President:
I am directed by his Excellency, the Governor, to deliver to the Senate a sealed communioot.ion, to which he respectfully invites the consideration of your honorable body in executive seSion.

Loove of :absence was gTanted :Messrs. Passmore and King fm Tuesday, on important business; also, Mr. Bunn

The following Senate bills were read the first time:

MOYDAY, DECEMBER 5, 1898.

303

By Mr. Steed-

A bill to authorize and permit foreign railroad corporations to become incorporated under t,he laws of this State.

Referred to Genern.l J"udiciary Committee.

The followting mes:;.age was received from the House,. through l{r. BoifeUJillet, the Clerk thereof:
Mr. President:
The House has unaruimously concurred ln the following joint resolution of the Senate, to wit:

A resolution, extendiing congratulations to Lieutenant Thomas M. Brumby, the now distinguished Georgiian, who rlllised the first American flag over Manila.

The House has also passed the following bill of the Senate, by the requisite constitutional majority, to wit:

A bill to amend and COllSQlidate and supersede the several Acts amending the charter of the city of Cedartown in the county of Polk.

Passed. Ayes 96, nays 0.
The House has also adopted the following jomt resolution of tne House, ~n which the concurrence of the Senate is asked, to wit:
A resolution to authorize the Governor to decorate the. capitol in honor of the President.

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The House has also passed by the requisite constitutional lli.<tjority, the following hiH of the House, to wit:

A bill to amend the Act incorporating the town of Lumpkin.
Passed. Ayes 92, nays 0.

The followting House resolution was read and adopted:

By Mr. Park-
A resolution authorizing 1!he Governor to decorate the -capitol in honor of the President.

The following House bil'ls were read the firr;t time:

By Mr. Everett.A. bill to amend an Act incorporating the town of Lump
Kin in Stewart county. Referred to the Special Judiciary Committee.

Mr. West, Chairman of the Committee on part of the 'Senate to investigate the condiotJi'On of the W. and A. R. R., -submitted the following report:
MR. PRESIDEN'I:
The Special Joint Committee appointed to consider the Teport of the Special Attorney for the Western & Atlantic Railroad and report their conclusions and recommendations, beg to report as follQws :
The committee, in so far as the time at their disposal

MoNDAY, DECEMBER 5, 1898.

305

would permit, have reviewed the work of the office as <ahown in the official reports and as brought to their attention by the Special Attorney.
For more than twenty years prior to the appointment of the Special Attorney the State had no direct representative ~barged with the guardianship of its interest in this great property. In consequence, valuable properties pertaining 1;o the Western & Atlantic Railroad had passed into the ,po.ssession of and were adversely claimed by others, records :had been scattered, lost and destroyed, and the rights of :the State were otherwise confused, unsettled and difficult of :ascertainment. The terminals both at A t.lanta and Chattanooga were in dispute. Serious controversies existed with several railway companies concerning rights of way, :and at almost every station encroachments existed, and .adverse rights were claimed.
Thus, with regard to the terminal at Atlanta, it appears >that the State's lessee was in undisputed possession of only illineteen feet of the right ?f way between Forsyth and Whitehall streets, the remainder being occupied by a railway company which claimed to have acquired it in 1846 ; 'the ownership of the Union Depot was in dispute, the State being accorded only a three-tenths interest therein; Wall street was adversely claimed by the city of Atlanta, and the State had no evidence of title to a considerable poriion of the right of way between Whitehall and Pryor .streets. All of these matters have been adjusted favorably to the State by the special attorney through litigation or <1therwise; the title of the State to the full width of its l"ight of way of one hundred feet between the points named

20 sj

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has been established. Complete title to the right of way between Whitehall and Pryor streets has been acquired. The status of Wall street has been declared, with the con-sent of both the State and the city, and the right of the State to the Union Depot has been ascertained.
The foregoing is given as an illustration of the cbarnctt>rof the difficulties encountered and the results accomplished. A similar state of affairs existed with reference to the U nion Depot at Chattanooga, and like results have been accomplished, after litigation in th(' courts of Tennessee.
The entire right of way has been practically freed of encroachments. The East & 'Vest Railroad was occupying the right of way for the distance of about one mile at Cartersville; the Marietta & North Georgia Railroad was trespassing for the same distance at Marietta; and the Belt Railroad seriously encroached upon the right of way at Atlanta. All of these have been satisfactorily adjusted.
Numerous parcels of outlying property, some of which had been entirely lost sight of, were in the possession of third persons under claim of title. Some of these claimants had held possession for more than forty years. All of these properties have been recovered. Numerous other instances might be cited, but these are sufficient for the purpose of this report.
It seems that in every case the rights of the State have been established. The Special Attorney has been uniformly successful, both in the court~ and before special trilmnals.
The value of the property recovered, and in which the rights of the State have been favorably established, may-

MoNDAY, DECEMBER 5, 1898.

307

be conservatively estimated as exceeding a half million dollars. Important legal precedents have been established in the courts of both Georgia and Tennessee, which will afford future protection to this property.
Thus, it hll.S been held that the State owns the railroad in her sovereign capacity; that, as affecting this property, estoppel does not apply, prescription does not run, nor is it within the meaning of any statute affecting private rights, unless the State be included within the express term.
Complete official maps of the entire road, including both te~minals and rights of way, have been prepared and filed. These maps are admissible in evidence in the courts as prima facie true and correct. They constitute constructive notice of their contents, and are invested with other like qualities given by the law to the record of deeds to lauds. Boundaries of the State's property are thus defined and perpetuated, and the public is put upon notice, so that trespassing thereon may be avoide.d.
Several highly important matters remain to be disposed of. The building of a new Union Depot at Atlanta has been recently much agitated, and it seems that the matter is now being seriously considered by the parties at interest. An adequate passenger station on the present site would materially enhance the value of the Western & Atlantie Hailroad, and would thereby enure to the benefit of the State. The State should not consider an abandonment of the present site, nor should it, in our opinion, entertain auy plan that would deprive it of the absolute control of this terminal at the expiration of the present lease. Should the State conEent to a lease to a terminal company beyond the

308

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expiration of the term of the present lease of the Western & Atlantic Railroad, it should reserve the privilege or option of acquiring all outstanding interests at a valuation to be arrived at in a definite manner.
Thus, a value might be fixed upon each year's use with reference to the amount expended in the erection of the station, so that the value of the outstanding interest could be definitely ascertained at any given time. Should such a privilege be reserved and not exercised, the State should require the payment of a ground rent after the expiration of the present lease.
The rights and interests of the State and of the Western & Atlantic Railroad should be most carefully guarded in any plan that may be adopted. In view of the fact that no final plan has been as yet submitted, we recommend the appointment of a commission, to consist of the Governor, the Attorney-General and the Special Attorney for the Western & Atlantic Railroad, together with two members from the House to be appointed by the Speaker, and one from the Senate to be appointed by the President, who shall have authority to consent, in behalf of the ~tate, to such plan as may meet with their unanimous approval.
We submit with this report the draft of a bill which embodies the ideas of the committee in this regard.
Official map number six shows the entire right of way through lots numbers 243 and 244 in Fulton county to be of the width of 200 feet. This appears to be clearly a mistake. It is only from the point of intersection of the orL ginal right of way with that subsequently adopted that the width is 200 feet. We recommend that a correction:of the

MONDAY, DECEMBER 6, 1898.

309

niap be authorized and present herewith form of a joint resolution to this effect.
There are three cases now pending in the courts of this State : One in Fulton Superior Court, involving the rig~t of the Southern Railway to use and occupy the right-ofway for six miles in and near Atlanta ; one in Whitfield Superior Court, involving the right of the Southern Railway to use the right-of-way for seven miles south of the city of Dalton; and one in Cobb Superior Court, involving an encroachment on the right-of-way in the city of Marietta. The cases against the Southern Railway involve questions of the most far-reaching importance.
It appears that in 1860 Governor Brown made a conveyance to the Nashville & Chattanooga Railroad of about eight acres of the original depot grounds at Chattanooga. A part of this property is nsed and occupied by the Nashville, Chattanooga & St. Louis Railway, which is the successor of the Nashville & Chattanooga Railroad, and a large part of the property has been sold to private persons and has been extensively improved. The Supreme Court of Tennessee, in the recent case involving the ownership of the:chattanooga Union Depot, declared that this deed of Governor Brown was unauthorized, and therefore its recitals were not binding upon the State by way of estoppel. While this does not adjudicate the question, it apparently~reflects the _opinion of the courts of Tennessee thereon.
Should the State seek to enforce what is conceived to be its right in this regard, suit would be brought in the Supreme Court of the United States. It is proper to say

310

JOURNAL OF THE SENATE.

that the question'! involved are delicate and uncertain, and .. the result of such a suit cannot be preaicted with any de-
gree of confidence. It is also a question of policy whether the State will, after a lapse of forty years, question the title of innocent third persons who seem to have acquired the property in good faith and for a valuable consideration.
The General Assembly has heretofore adopted a joint resolution requesting the General Assembly of the State of Tennessee to enact proper legislation authorizing the filing of the official maps of the Western & Atlantic Railroad in Hamilton county, and to give to the same when so filed the force and effect of records of deeds to lands. \Ve are advised that the Governor of this State and the Special Attorney for the \Vestern & Atlantic Railroad have several times endeavored tn secure the co-operation of the Governor of Tennessee upon this subject, but their efforts have been fruitless. The General Assembly of Tennessee -will convene in January next, and we think it important that au effort should be made to secure the legislation requested.
The General Assembly, at its last session, directed the Special Attorney to prepare a band-book of the \Vestern and Atlantic Railroad, setting out either substantially or at large all important acts and resolutions of the General Assembly of this State and of the State of Tennessee touching this property, together with such ordinances of the cities of Atlanta and Chattanooga, all important contracts and agreements, and a digest of all judicial decisions in the courts of this State and of the State of Tennessee and of the United States affecting the \Vestern & Atlantic Railroad. The purpose of the resolution was to obtain a

o, MONDAY, DECEMBER 1898.

311

'!i'ecord of the legislative, executive, judicial and physical irhiRtory of the Western & Atlantic Railroad.
The Special Attorney has made considerable progrel88 on :the work, the first draft thereof being now in manutccript. The importance of this work ~eems manifest, and its value will increase as time passes. When the State comes to deal with a disposition of the Western & Atlantic Railroad at the expiration of the present lease, it would seem that the value of this work would prove very great. We find that.the Special Attorney has been forced to employ cleri.~al assistance in the preparation of the manuscript, and >further assistance of the same character will be necessary. In our opinion such clerical expenses should be paid out -of the contingent fund.
At the beginning of the present year, when it wa~:~ thought that the work originally <lontemplated could be finished within the year, the Special Attorney undertook to eomplete such matters as were then pending without :additional compensation. Under this agreement the Special Attorney would in any event continue to represent .the State in the case pending at Marietta and in the two Cases against the Southern Railway Company, and would .:also complete the hand-book. Other matters within the purview of the agreement have been satisfactorily disposed .of.
Your committee recommends that the office be not dis.continued at this time. The value of the services .rendered by the Special Attorney has far exceeded the cost ..of the office, and it is fair to presume that such will con.tinue to be the case. When it is remembered that the rental

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JOURNAL OF THE SENATE.

paid to the State by the present lessee of the road exceeds five per cent. on eight millons of dollars, and that the annual cost of the office of Special Attorney is lessthan the value of two days' rental, the State's interestswould seem to require the services of the Special Attorney for their due protection and preservation. No corporation owning property of such magnitude would consent to dispense with the services of a special representative who had so successfully guarded its interest.
In addition to what may be termed the current work of the office involving new matters and questions that must constantly arise, the special work outlined and now in progress requires that the services of the Special Attorney beretained.
The committee begs to further say that the Special Attorney, Hon. W. A. Wimbish, has brought to the discharge of his duties a high degree of fidelity, zeal and professional ability. His work has been eminently satisfactory; and in view of his special fitness we think the State could ilL afford to lose the benefit of his service at this time.

Respectfully submitted,

W. S. WEsT,
s. T. BLALOCK,
On the part of the Senate..

A. 0. BLALOCK,
MoRRis BRANDON,
R. A. DENNY, On the part of the House.

MoNDAY, DECEMBER 5, 1898.

313

Mr. West, Ohruirman on ifu'e part of the SenaJte, to consider the report of W. A. W,imbish, on the true northern boundary of the State, submitted the following report:
Mr. President:

The Special Joint Committee, appointed for the purpose of considering the report of W. A. Wimbish, Esq., concerning the true northern boundary of this State, and to recommend such action on the part of ~he General Assembly as should be appropriate, beg to report 'llS follows:
It seems reasonably certain thart; the true and ancient boundary of the State was some twelve miles north of the 35th parallel of north latitude, which parallel marks the present bo1Uldary between Georgia and Tennessee, and Georgia and North Carolina. In 1804 the General Assembly of this State adopted an Act, in the preamble to which it was reeited that the northern boundary was defined by the 35th parallel. This declaration has since been frequently repeated.
In 1887 Georgia passed an Act, declaring that the linebetween Dade county, Georgia, and 1.f.arion and Hamilton counties, Tennessee, was unsettled, and providing f& the appointment of commiesioners to meet similar comlli.issioners on the part of Tennessee, "whose duty it shaH be to survey, establtish and proclaim the true 1ine between thedisputed polin1:s." In '1889 Tennessee adopted a. reciprocal Act containing similar recitals. The commission so authorized by the two St~ates has never acted.
If these Acts are to be construed to mean merely that the t.rue location of the 35th parallel is in doubt, this sim-

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JouRNAL oF THE SENATE.

ple question can be easily determined. If, however, the proper construction be that the true and anc.ient bou:ruiary is in dispute, then the wh:ole question is opened on its merlits, and the State o Georgia should t~ke appropriate action.
The committee would recommend legislation providing for the appointment o commissioners to consider and determine the whole matter; and that reciprocal legislation be invited on the part of Tennessee and North Carolina. A resolution expressing the ideas of the committee is submitted herewith.
\Y. S. WEST, S. T. BLALOCK,
On the part of the Senate. A. 0. BLALOCK, MORRIS BRANDON, R. A. D:EXSY,
On part o the House.

l\Ir. }-ouche, Chairman pro tem. of the Committee on Rules, submitted the following report:
.Mr. President:
The Committee on Hule;; haH had under consideration the following Senate resolution, "hich they instruct me to report hack to the Senate with the reeouunendation that the same do pass, to wit:
Resolved, That the hour of meeting of the Senate be changed from 11 o'clock a. m. to 10 o'clock a. m.
Respectfully submitted.
R T. FOUCHE, Chairman pro tern.

MONDAY, DECEMBER 5, 1898.

315

The following Senate resolution was read t.he first t1ime:
J3y 1\Ir. we.:;t-

A resolution to provide for the correct.ion of map num1)Cr G of the official survey of the \V and .A.. railroad.

Referred to the Committee on Railroads.

The following Senate resolut,jon was read and adopted:

l1y :Mr. Wight-
A resolution fixing the hour of meeting at 10 o'clock a. m. instmd of 11 o'clock.

The fo11m,~ing Senate resolution was read the first time:

Hy :Mr. \Vest-
A resolution to authorize the Governor to appoint a ~ommission to consider, determine and declare the true 110rthern boundary of the State of Georgia.

Referred to the Railroad Committee.

Also,
By :Mr. \Vest-
A bill appointing commi,Sdioners to oonsent in behalf of the State to the erection of a new union passenger station on the State's property in the city of Atlanta.

Referred to the Committee on Ra.ilroads.

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JOURNAL OF THE SENATE.

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

Jlr. President:
The House has passed by the requisite constlltutional majonity, the following hills of the House, to wlit:

A bill to provide a new charter for the town of Clarkston.

Passed. Ayes 99, nays 0.

Also, a bill to make it unlawful to manufacture any alcoholic or other intoxicating liquors, except domestic wines, in the county of Talbot, and for other purposes.
Passed. .Ayes 127, nays 0.

The following Honse bill was taken from the table to be put upon its passage:

By ~Ir. :McDonald-
A bill to amend section 398 of the Code, touching gaming-houses.
!~Ir. :McGehee mowd to table the bill, which mot.ion \\'3..> lost.

Upon the passage of the bill, the ayes ;yerc 12, nays 15.

The bill not ha,,ing recei;-ed the requisite constitutional majority, was lost.

MONDAY, DECEMBER 5, 1898.

317

The foHowing House hills were read the third time, to be put upon their passage:

By Mr. Lang-
A bill to amend the dharter of the city of Dawson in the county o Terrell.
Upon the passage of the bill, .the ayes were 24, nays 0.
The bill having received the requisite constitutiO'Ilal majority, was passed.
Also,
By Mr. Morris A bill to require all Judges of the Superior and city <'ourts of this State to decide motions for new trials within 30 days an counties of not loo:; than 50,000 mhabita.nts, ~a within 90 days in counties of more than 50,000 inhabitants.
L pon the passage of the bill, the ayes were 24, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also,
By ~Ir. Bell-
A bill to proYide for a change of venue in certain civil eases under m,t,icle 6, section 17 and pruragraph 1 of the Constitution.

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JOURNAL OF THE SENATE.

Upon the passage of the bill the ayes were 24, nays 0-

The bill having received the requisite constitutional majority was passed.

Also,
By ~Ir. Reynolds-
A bill to authorize the city council of Augusta to impo8e a penalt~ for failure to pa,y taxes, assessments, fines and license fees, and any sums due the city for use of water through its water pipes.

Upon the pase.age of the bill, the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.

Also,
By ~Ir. Reynolds-
.A bill to authorize tho cit~ co1m0il of Augusta to euforee the collection of all taxe,;, a,;,;es.~ments, fims aml licenses due the city.

Upon the passage of tho bill, the ayes WPl'P 2-, nay~ 0.

The bill having received the requisite constitutional majority was passed.

The following Hone<> hill,; were rea<l the first time:

MoNDAY, DECEMBER 5, 1898. By Mr. 1Noodall-
A bill to make it unlawful for any person to manufact-ure any intoxil~ting liquors or wines in Talbot county.
Referred to the Committee on Temperance.
Also,
By :Mr. :Mayson-A bill to provide for a new charter for the town of'
Clarkston in DeKalb county.
Refen-ed to General Judiciary Committee.
Senate bill X o. 21 'ms recommitted to the Genet"itl J udiciary Committee.
Senate hill X o. 29 was temporarily tabled; also, Senate l>ill X o. 43.
The :fo1lowing Smate hi1l was read the third time, w-ith_ adverse report from the committee:
By :Mr. UnderwoodA bill to amend Rection ;);)14 of the Cooe of 1895.
The report of the committee was agreed to and bill was lost.
The fo1lowing Senate bill was read the third t~ime to be put upon its passage:.

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JOURNAL OF THE SENATE.

By :Mr. King-
A bill to fix the number of committeemen to visit the different institutions of the State.

Upon the passage orr the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority, was passed ills amended, and the amendments were ac; follows:

Amend section 1 by strikink t1he word "five'' lin the 14th line, and the word "15" !in the 15th line, and inserting in lieu thereof lin the 14th line the word "3," and in the 15th line the word "name."

Also,
By Mr. Mann-
A bill to amend section 5551 of the Code of 1895, by adding after the last word of said section, the following words, to wit: "which shall operate as a supersedeas until the case is disposed of in the Supreme Court."

Upon the passage of the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional maj(rity was passed.

Gpon motion of l\fr. wight, the Senate adjourned until
to-morrow at 10 o'clock a. m.

TUESDAY, DECEMBER 6, 1898.

321

Senate Chamber, Atlanta, Georgia, Tuesday, December 6th, 18!)8.

The Senate met pursuant to adjournment at 10 o'clock a. m. and was called to order by the President pro tern.

Prayer was offered by the Chaplain.

Upon the call of the roll, the following members answered to their names.

Blalock, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Hand, Heard,

Hodge, Humphreys, Johnson,
TJ~ng,
Little, l\Iann, Morrison, McGehee, 1\IcLel!ter, Nesbitt, Passmore, Rawlings,

Redding, Steed, Sutton, Terrell, Underwood, Webb, West, Wight, Wilcox. Wingfield, Wood, Mr. President.

Those absent were :Messrs.-

Brannen, Bunn, King,

1\foye, Odom, Perkins,

Thompson, Thrasher.

The Jomnal of ye,;terday was read and approved.

The speeial order "as Senate bill K o. :2, which is as
follows:

B.' 1[r. X esbitt-

A bill relating t~) the net proceed;; arit'-ing from the in;;pect.ion of oils and fertilizers.
21 i

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JOURNAL OF THE SENATE.

Upon motion of llfr. Nesbitt, t.he bill was temporarily tabled.

The next special order was the follorw.ing bill:

By l!Ir. Humphreys-
A bill to amend sectjon 2195 of the Code of 1895, relative to the construction of depots rrn this State.
Upon motion of ~fr. Humphreys, the bill was tabled temporarily.

By unanimous consent, the following Senate bills were read the fin;t time:

By ~Ir. Humphreys-
A bill to amend section 5401 of volume 2 of the Code of 1895, relative to the fees of sheriffs, so as to ~nclude as costs the amount paid for U. S. revenue stamps on deeds.
Referred to General .Tucliciary Committee.

Also, Dy ~Ir. Dickerson-
A bill to amend paragraph 7 of section 107 of the Uode of 18H5.
Referred to General Judiciary Committee.

The following meseage was received from the Honse, through )fr. Boifeni11et, tlw Clerk thereof:

TuESDAY, DECEMBER 6, 1898.

323

_]IJr. President:

The House has passed by the requisite constitutJiorral majority the following bills of the House, .to w,it:

A bill to 'amend the charter of Ocilla in Irwin county, and for other purposes.
Pa.,'Sed. Ayes 95, nays 0.
Also, a bill to repeal an Act to provide for the creation -of a Board of County Commissioners of Roads and Revenues for the county of Ocone, and for other purposes.
Passed. Ayes 90, nays 0.
Also, a bill to authorize the St. Luke Methodist church South, of Columbus, to create a lien by mortgage, or otherwise, for purpose of borrO\'Iring money to complete the -church buildang, and for other purposes.
PaBsed. Ayes 92, nays 0.
Also, a bill to amend an Act, approved August 27th, 1872, creating a Board of Commissioners of Roads and Revenues for the county of ~fonrO, and for other purroses.
Passed. Ayes 100, nays 0.
Also, a bill to author:ize the city council of Augusta, to grant and convey so much of the south side of walker street as may be ncessary to construct a passenger depot.
Passed. Ayes 95, nays 0.

324

JOURNAL OF THE SENATE.

Also, a biiU to authorize the city council of Augmta to fix the number ffi lits members neceseary to constitute a. quorum.

Passed. Ayf'JS 97, nays 0.

Also, a bill to autho~ize the city council of Augusta exclusively to fix within prescrtibed limits all fines and punlishments for v.iolaiions of any laws establish('{l by said council.

Passed. Ayf'JS 99, nays 0.

Also, a bill to incorporate the town of Sylvester in the county of vVorth, and for other purposes.
Passed. Ayes 95, nays 1.

Also, ~bill to amend the charter of the town of 8harp5burg 1in Coweta county1 and for other purpo;;e:".
Pas.-;ed. Ayes 91, nays 0.

Also, a bill to repeal so much of an Act to providc> for the payment of certwin insolvent costs in the northern judicial circuit, as relates to the county <Yf Hancock.
Passed. Ayes 94, nays 0.
Also, a bill to repeal an Act to amend an Act to provide for the payment of eertain insolvent criminal costs in
the northern judlicial circuit so far as at relates to Han-
cock county.

Passed. Ayes 92, nays 0.

TUESDAY, DECEMBER 6, l898.

325

Also, a bill to pro,~ide that the 0ity council of ~~ugusta shall not be required to use ats common seal in m'aking and establishing by-laws, rules and ordinanC8, and for other purposes.

Passed. Ayes 92, nays 0.

Also, a bill to repeal an Act providing for the payment of the insolvent c<YSts of the justices of the peace, notaries public and constables of Hancock county.
Pa~sed. Ayes 93, nays 0.
~-\ lso, a bill to amend an Aot establtishing a system of public schools for the town of "\Vashington, and for other pnq)oses.
Passed. Ayes 98, nays 0.
Also, a bilrl to amend section 4 of an AC!t incorporating the city of Waynesboro, and for otJher purposes.
Paesed. Ayes 97, nays 0.
Also, a bill to authorize 1.1he CJity counCJil or Augusta to change the dam acr~. Savannah river at the head of the .Augusta c-anal, and for other purposes.
Pa.:;sed. Ayes 98, nays 0.

Also, a bill to fix the boundary of the city of Augusta, :and fo1 other purp06S.
Passed. Ayes 96, nays 0.

326

JOURNAL OF THE SENATE.

Also, a bill to alter and amend the 20th section of an Act, incorporating the town of Eastmen, and for other purposes.

Passed. Ayes 98, nays 0.

Also, a bill to fix the salary of the judge of the county court of Marion county.
Passed. Ayes 91, nays 0.
Also, a bill to authorize the mayor and counoil of 'Vash-
ington, Georgia, to issue bonds to the amount of $30,000 for certain purposes.

Pas.sed. Ayes 99, nays 0.

Also, a 'bill to creJate a Board of Comrruissioners of Roads: and Revenues in the county of Columbia, and for otherpurposes.
Passed. Ayes 96, nays 0.

Also, a bill to amend the charter of the town of Washington in the county of Wilkes.
Passed. Ayes 99, nays 0.

The following spedal order was a bill

By Mr. McLester-
A bill to proVIide for a Board of Tax Equalizers in each county in this State.

TUESDAY, DECEMBER 6, 1898.

3~7

Upon motion of Mr. Fouehe, this bill went over until tomorrow, rimmed~ately after the reading of the Journal.

Mr. W.ig'ht, Chairman of the Oommi.ttoo on Fioonce, submitted the following report:

Mr. President:
The Committee on Finance have had under considera~ tion the following House bill, whi,ch they instruct me to repo11t back to the Sell'ate with the recommerrdat~on that the same do not pass, to wtit:

A bill to regulate settlements to be made by the TaxCollectors of this State, of railroad taxes received by them, and to fix their compensation.

Respectfully submitted. E. L. WIGHT, Ohairman.

Mr. West, Cha.irm'!ln o the Committee on Corporations, submitted the following report:

Mr. P1esident:
The committee have had under consideration the following House bill, whicih they direct me to report back with the recommendation that s'!lllie do pass, to wit:

A bill to incorporate the town o Edgewood in De:Kalb county.

They have also had under consideration the following

328

JOURNAL OF THE SENATE.

House bill, which they instruct me to report back with the recommendation that same do pass, as amended:

A bill to amend the charter of the city of Y aldosta.

Respectfully submitted.

\Y. S. WEST, Chairman.

::\Ir. Redding, Chairman of the Special Judiciary Committee', submitted the follo,\ling report:
}.!?. President: The Committee on Special Jndicimy have had nuder
con~ideration the following House bills, which they instTuct me to r<>port back with the recommendat.ion that same do pass, to wit:
A bill to fix the time of electing all city officers in the city of Savannah.
Also, a bill to proYide and fix the hours of keeping open the polls in pre<cancts located in incorporated tmvns.
Aho, a hiH to authorize the mayor and city council of X ewnan to lmilcl and maintain a system of waterworks.
Also, a hill to amend the Act incorporating the town of I.nmpkin in the county of Stewart.
Respectfully submitted. J. F. REDDIXG, Chairman.

TuESDAY, DECEMBER 6, 1898.

329

::\Ir. Fouche, Chainn~n_of the General Judi(~iary Committee, submitted the following report:

]Ifr. President:
The Geneml Judiciary Committee have had under consideration the following House bill, which I am instruct~ to report back to the Senate, with the recommendation that the same do pass:

.A bill to provide a new charter for the town of Clarkston in the county of DeKalb.
The colllilllittee also recommends that the following Senate bill do pass, by substitute, as amended:
A bill to provide stenographic reporters for the superior and city_ courts of this State, and fix their compensation.
Re~pectfully submiltted. R. T. FOUCHE, chwinnan.

:Jir. Fouche, chlainnan of the Gene1al J udticiary Committee, submitted the following report:
_ilfr. President:
The General J udici1ary Committee have had under consideration the followting Senate bill, which they instruct me to report back to the Senate with the recommendation that the same do pass:

330

.TOURNAI... 0F THE SENATE.

A bill to authorize and permit foreign railroad companies to become incorporated und~r the }laws of 'this State.

Respectfully submitted. R. T. FOUCHE, Chairman.

Mr. Heard, Chairman of the Committee on Engrossing~ submitted the f01llowing report:

-Mr. President:
The Committee on Engrossing have had under consideration the folloWling Senate bills, which they instmct me to report as duly engrossed and ready to be transmitted to the House, to wit:

A bill to amend section 5551 of the Code of 1895.

Also, a bill :fi~ing the number of committeemen to visit the various State institutions.
Respectfully sUJbmitted. COLUMBUS HEARD, Chairman.

Mr. Wood, Chai~nmn of the Committee on School for the Deaf, submitted the following report:
.1lfr. President:
The Committee on the School for the Deaf, located at Cave Springs, have visited that institution, and beg leave to submit the following report:

TuESDAY, DECEMBER 6, J 898.

331

The general hygien!ic surroundings of the institution are good, and the health of the linmat.es is as good as can be expected in an institution of this kin:d anywhere.
The schQ01 is grawting, and both departments, white and colored, are well filled.
We find the grounds and buildings well kept and in good condition, except the negro building, which needs some slight Tepalirs.
The disbursement of all funds appropriated by the State and expended by the institution are properly vouched for~ and we desire to commend the treasurer, Mr. Simmons, for the careful and correct manner in which the books of this department are kept.
We feel that the principal, Mr. Connor, deserves thf: commendation of thiB body and the thanks of tihe people of Georgia for the efficient and painstaking sel'V'ice he is. giving this institution.
We desire also, to express our perfect satisfaction with t!he whole management of the institution, and the efficiency of all teacJhers and officers connected therewith.
We behleve that the institution needs an additional appropriation for building purpos6<;, but rin consideration of the stringent finan:ciel condition of our State, we recommend that no appropriation for that purpose be made at this time.
Respectfully submitted.
J. s. wooD, Chairman.

Mr. McGehee, Chairman of the Temporan~ce Committee, submitted the following report:

332

JOURNAL OF THE SEXATE.

The Temperonce Committee have had under comiderat;ion the follm,ning House bill, which I am instructed to report back to the Senate with the recommendation that the same do pass:
A bill to make it unlawful to manufacture any alcoholic Qr spirituous liquors in the county of Talbot.
Hespectfully submitted. J. H. ~[cGEHEE, Chairman.

By unanimous consent, the following House bills were read the third t:ime to be put upon their passage:
B.' ~Ir. Ousley-
A bill to amend the charter of the caty of Y aldosta in the eounty of I,owndes.
rpon the passage of the bill, the ayes were 27, nays 0.
The bill having receiYecl the requisi,te con<Jtituional majority was passed as amended, and the amendment3 were as follows: By adding to sect,ion 2 the following words:"Provided that permission he- not granted for an.'< right-of-way on any street or stree1:s of said city to any steam railroad company without the unanimous vote of the mayor a11d council of said c-ity.

TuESDAY, DECEMBER 6, 1898.

333

Also,
I:ly :Mr. McDonoughA bill to repeal the Act creating the Board of Tax As-
sessors and ReceiYers for the city of Savannah.

Upon the passage of the bill, the ayes were 2i, nays 0.

The bill having received the requisite constitutional majority was pMsed as amended, and the amendment was as follows:

Provided, that this law shrull not go into operation until April 1st, 1899.

Also, By )fe&'lrs. :Mayson and George--
A bill to incorporate the town of Edgewood ,jn the county of DeKalb.
Upon the pas.;;age of the bill, the ayes were 29, nays 0.
The bill having received the ref[Uisite constitutional majority was passed.
The following House hills were read the fh-st time:
By )fr. BynumA bill to create a Boartl of Commissioners of Road,;: and
Tievennes for the county of Columbia. Referred to the Special Judiciary Committee.

.334

JoURNAL OF THE SENATE

Also, By }fr. Calvin-

A bill to authol'ize the .city council of Augusta to change in whole or in part the location of the dam now extending aeroas Savannah river.
Referred to the Special Judiciary Committee.
Al~o,
By ~fr. Calvlin-
A bill to fix the boundary line between the States of Georgia and South Oarolina.

Referred to the Commi'ttee on Corporations. Also, By }fr. Hardin-

A bill to amend thP Act approved September 14, 1894, e>'tablishing a system of public schools in the town of \Y ashington.
Referred to t:he Committee on Education.
Also,
By 1Ir. HardinA bill to amend the charter of the town of "\Vashington,
Georgia. Referred to the Special Judiciary Committee.

TuESDAY, DECEMBER 6, 1898.

335

Also.

By :Mr. Reynolds-

A bill to authorize the city council of Augusta to grant :and convey so mu0h of the south side of Walker street for the purpose of constructing a depot.

Referred to Cornmittee on Corporations.

Also, By l\r. Reynolds-
A bill to authorize the city council of Augusta to fix the number of its members necessary to constitute a quorum.

Referred to the Committee on Corporations.

Also. By Mr. Freeman-
A bill to amend the charter of the town of Sharpsburg in Coweta county.
Heferred to "Committee on Corporations.

Also, By ~Ir. Chappell-
A bill to authorize the St. Luke's :Methodist church of <:'olumbus to borrmv money to complete that building.

Referred to the Special Judiciary Committee.

336

JOURNAL OF THE SENATE.

Also, By Mr. Pr:ice-

A bill to pro\ide for a Board of Commissioners of RoaJ~ and Revenue;; for the county of Oconee.

Referred to Committee on Corporations.

Also, By :Mr. Ford-
i'i. bill to incorporate the town of Sylvester in the county o:f Worth.

Referred to Committee on Corporations.

Also,
By ~rr. Hardin-
A bill to authorize the mayor and council of \Vashington, GeDrgU.a, to issue bonds to the amount of $30,000 to construct "aterworks.

Referre<l to the C'mumittee on Corporations.

Also,
Hy )lr. Hentler,;;on.:\ l1ill to ameJHl the eharter of the town of Ocilla m
rrwin count.'"
Refl'rred to tlw ( 'ommit.tee on Corporations.

TuEsDAY, DECEMBER 6, 1898.

337

Also,
By Mr. Smith-
A bHl to repeal so much and such parts of an Act ap proved August 20tlh, 1872, entitled an Act to provide for the payment of certadn !insolvent cos~ in the northern judicial circuit.

Referred to the Special Judiciary Committee.

Also, By Mr. Smith-
A bill to repeal an Act entitled an Act to amend an AcL to provide for the payment of certain insolvent costs in the northern judicial cireuiit.
Referred to the General Judiciary Committee.

Also,
By Mr. Smith-
A bill to Tepeal an Act entitled an Act to provide for the payment of the insolvent costs of the justlice of the peace, notaries public and constables of Hancock c~mnty.
Referred to the Special Judiciary Committee.

Also,

By Mr. Reynolds-
A bill to provide that the city council of Augusta shall
2hj

338

JOURNAL OF THE ~ENATE.

not be required to use its common seal in making and establishing by-laws.

Referred to the Committee on Corporations.
Also,
By J\Ir. Reynolds-
A bill to authorize the city council of Augusta to exclusively fix within prescribed limits a:ll fines and punishments for violat.ion of any of its laws.
Referred to the Committee on Corporations.
Also,
By :Mr. Jones-
A bill to amend section 4 of the Act incorporatJing the
city of vVaynesboro in Burke county.
Referred to the Committee on Corporations.
Also,
13y Mr. Harrell-
A bill to amend the 20th soo11i.on o an Act approved December the 15th, 1871, to incorporate the town Olf Eastman in the county o Dodge.
Referred to the Committee on Corporat.ion~.

Also, By )[r. Roger;;-

A bill to fix the salary of the judge o the county court o :Marion county.

TUESDAY, DECEMBER 6, 1898.

339

Referred to the Special Judiciary Committee.

Also, ]3y }[r. Willingham-
A bill to amend the Act, creating the Board of Commissioners of roads, public buildings, etc., :for the county of :Monroe.
Referred to the Committee on Corporations.

The following Senate bill was read the second time:
"By Mr. SteedA bill to authorize :foreign raulroad companies to be in-
-corporated under the law~ of this State.

Leave of absence was granted President Dodson for to-day.
On motio~~: of Mr. McGehee, the Senate adjourned until to-morrow at 10 o'clock a.m.

340

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Wednesday, December 7th, 1898.
The Senate met pll!l"'Smmt to adjournment at 10 o'clock a. m. and was called to order by the President.

Prayer was offered by the Chaplain.

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

Blalock, Brannen, B'unn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouchl', Gree{ll',
Gro~s,
Grovenstein, Hand, Heard, Hodge,

Humphteys, Johnson, Lang, Littll', Mann, Morrison, Moyl', McGehee, McLester, Nesbitt, Odom, Paesmore, Perkin!!,
Rawlin~Zf!,

Redding, Steed, Sutton, Tt-rrell, Thompson, Th1"81!her, Underwood, Webh, West,
Wi~Zht,
Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-
King.

The Journal of yesterday was read and approved.
By unaruimous consent, the following House bills were read the second time:

WEDNESDAY, DECEMBER 7, 1898.

341

"By Mr. Howard-

A bill to regulate settlements to be made by the TaxCollectors o the State o railroad taxes received by ,them, :and to fix thelir compensation.

The report of the Committee was agreed to and bill was lost.

Also,
By !Ir. Freeman-
A bill to authorize the mayor and council of the city of Newnan to estab1ish and maintain a system of sewers and drains, and for other purposes.

Also,
J3y r. LaRoacheA bill to fix the time for the election of city officers for
the city of Savannah to be elected by the council.

Also, :By Mr. :Mayson-
A bill to provide a new charter for the town of Clarkesville.

Also, By }fr. Woodal1-
A bill to make it unlawful for any person to manuact-

342

JoURNAL OF THE SENATE.

ure any alcolho1ic or spirituous Liquors m the county of Talbot.

Also, By ~- Everett-
A bill to amend the charter of the town of Lumpkin in Stewal"t county.

The House amendments to Senate bill No. 38 were concurred in, whlch is a bill

By Mr. Bunn-
A bill to amend the charter of the town of Cedartown in the county of Polk.

Mr. Wtight, Chairman of the Commoittee on the part of the Senate, sU!bmitted the following report:

Mr. President:
The Joint Committee appointed to prepare sllli.table resolutions upon the death of Ron. W. T. Jones, representative of Doughel"ty county, submits the following memorial:

Whereas, In the death of Ron. W. T. Jones of the county of Doughel"ty, the county has sustained the loss of one of its most valued citizens, and the General Aesembly of Georgia one of its most act.ive and progressive members; be it resolved,

WEDNESDAY, DECEMBER 7, 1898.

343

1st. That in 1Jhe untimely demise of Judge Jones~ we, the members of the General Assembly, have met with an irreparable loss. As a man, a citizen, an officer, he had fully met and :faithfully peronned the duties devolving upon hiim. He was born. in Dougherty county, Ga., where he :lived aJ.l his life; was a lawyer of high standing; was Judge of the county court of Dougherty for twenty years; v:as many time:~ elected member of the city council of Al-
bany. All who knew him testJify oo his unblemished and
high record. We mourn his dea.th, and his services Wli.ll be l'ftdly missed tin. the body of which he was so conspicuous a member.
2d. That we tender to the bereaved family our deepest sympathy, and express to them our sincere and earne:~t 80'1"row in the early death of this uprtight and zealous citizen,. tmd our faithful fellow-worker.
3d. That a copy of these resolutions be forwarded to his family, whose sudden afllic1Jion calls forth our tenderest <'.Om passion.
Respectfully submitted.
ED. L. WIGHT, Chairman.

The repOII"t was adopted.

The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has adopted ~he followi.ng joint resolution of the House, in which the concurrence of the Senate is asked, to wit:

344

JOURNAL OF THE SENATE.

A resolution to appoint a committee of five from the House and three from the Senate to confer with the Govtrnor, in regard to the entertainment of President :McKinl{'y during his visit to Atlanta.

The following House resolution was read and concurred in:

JBy~fr. Hardwick---
A resolution appointing a committee of 5 from the House and 3 from the Senate to confer with the Governor, relative to the entertainment of the President.

Commtittee on part of Senate are Messrs. Hand, Mann Hnd Clifton.

The unfinished business, which was Senate bill No. 1, was taken up; it is a bill

JBy Mr. McLester---
A bill to create a :Boord of Tax Equalizers for each county of this State.
Upon the passage o the bill, the -ayoo and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.---

Blalock, Brannen, Bunn, Clifton,

Heard, Humphrey!!, Lang, Little,

Perkins, Rawlings,
Reddin~r,
Sutton,

WEDNESDAY, DECEMBER 7, 1898.

345

Dickerson, Fouche, Gross, Grovenstein, Hand,

Morrison, Moye, McLester, OJom,

Thrasher, Wight, Wilcox, Wingfield.

Those voting in the negative were Messrs.-

Daniel,
D~vis,
Dowling, Greene, Hodge, Johneon,

King, Mann, McGehee, Nesbitt, Passmore, Steed,

Thompson, Underwood, Webb, West, Wood.

Those not voting were Messrs.-

Terrell,

Mr. Pre!!ident.

Ayes 25, nays 17.

The bill having received the requisite constitutional rna- jority, was passed by substitute as amended, and the amendments were '8.S follows:
Amend section 1 by addling at ifue end of line 15, "Provided, when no fall term of any superrior court is held then the county commissioners, or if there are n:o county commissioners, _1Jhen the ordinary, shall nominate to the judge of the superior court 3 sui'table and fit persons with their address, from which the judge shaH appoint one assessor."
Amend by striking in 3d line "let Wednesday in April" and insert "1st Monday in .May."

Amend section 2d by adding to line 21 the words, "Provided in no case shall city and town prop&ty be assessed

3!1)

JouR:-<AL oF THE St-;XATF.

lower for State and county taxation than for muni0ipal taxation."
Amend section 3 by adding after the word valuation in the 7th line the following: "That I will not divulge how any member of the boa.rd voted on any question touc.hing the valuation of any property."
Amend by strilcing all the remainder of said section, beginning with line 25 of the pcinted bill.
Amend section 4 by striking in the 15th l'ine the word "such" and insert in lieu thereof t!he word "any," and insffi'lting in said line a:f.ter the word property the word ''unreturned."

Also, amend section 4 by striking out all that portion of section 4 after words "per diem" in line 11 to the words "when such" lin line 15.
By adding at the end of section 5 the words, "if in their discretion it is necessary to do so to carry out the :intention M tills section."

Amend by adding to srot[on 7 the follo''ling: "Any member failing tiO attend the meetings of ,the board of taxassessors shall receive no per diem.

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

Mr. President: The General Judiciary Committee have had under con-

WEDNESDAY, DECEMBER 7, 1898.

347

sidera:tion the following House bill, w.bilch they instruct me to report .back to the Senate with the recommendation that the same do not pass:

A bill to amend the ~harter o the city o Atlanta.
Respectfully submitted. R. T. }'OUCHE, Chairman.

Mr. West, Chairman of the Committee on Corporatio~,. submitted the following report:

Mr. President:

The committee have had under consideration the following House bill, which they instruct me to report back with the recommendation that same do pass, to wit:

. A bill to amend an Act creating a Boord of Commissioners for the county of Monroe.

Respectfully submitted.

W. S. WEST, Chairman.

Mr. West, Cha,irman of the Conimittee on Corporations,. submitted the following report:
1v1 r. P 1es1~dent:
The Committee on Corporations have had under consideration the following House bill, which I am instructed

:348

JOURNAL OF THE SENATE.

to report back Wlith the recommendation that same do pass, liS amended.
A bill entitled an Act to amend an Aet entitled an Act to create a Board of Commissioners of Roods and Revenues in the county of Glynn, so as to provide for the election CYf :such commissioners by the people, and to increase the numler of such commissioners so that each milit.ia district in the county shalllmve representation on such board, and fOT ~ther purposes.
Respectfully submitted. W. S. WEST, Chairman.

1fr. West~ Cha.irman of the Committee on Corporations, -submitted the following report:

ll!r. President:

The committee have had under consideration the following House bills, which they instruct me to report back with the reeommendation that same do pass, to wit:

A bill to repeal an .A.ct to consolidate the office of clerk and treasurer in Columbia county.

Also, a bill to extend the opera<tion of the }aws o Goorgi-a, applicable to charitable institutions for the custody of children.

Also, a bill to authorize the mayor and council of Savannah to condemn property for drainage.

Hespectfully submitted.

w. S. WEST, Chairman.

WF.D~E8DA v, DF.n;~JB~:n 7, 11'98.

349'

M~. Redding, Chairman of the Committee on Special .Tudiciary, submitted the following report:

lilr. President:

The Committee on Special Judiciary have had under tonsideration the following House bills, to wit, which they instruct me to report back with the recommendation that the S'llme do pass:

.\. bill entitled an Act to create a Board of Commissioners of Roads and Revenues in the county of Columbia, to defipe their duties and powers, and for other purrposes.
Also, a bill entitled an Act to aurthorize the St. Luke Methodist church, South, of the city of Columbus, Georgia, to create a lien by mortgage deed or otherwise, for the purpose of borrowing money to complete the church building, and for othell' purposes.

A hill to authorize the city council of Augusta to change in \Vhole or in part the location of the dam now extending across the Savannah river wt the head of the Augusta canal,. and for other purpo~es.
Also, a bill to fix the s..1.lary of the judge of the county court af .Marion county, and for other purposes.
Respectfully submitted. J. }'. REDDING, Chairman.
By unanimous consent, the following Honse bill was taken up to be put upon its passnge:

JOURXAL OF THE SENATE.
By Mr. Emanuel-
A bill to provide for the election of County Commis:Sioners of the county of Glynn.
Upon the passage of the bill, the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed as amended, and the amendments were as follows:
Amend sootion 2 as follows: by striking the words "three of whom shall reside in the 26th militia district,_ and .(.'ne of whom shall reside lin each of the following militia districts in said county, the 25th, 27th, 1499 and 1356," .and inserting in lieu thereof the following: "Four of whom shall reside wuthin the corporate limits of the city of Brun!!wick, and three of whom shall reside without the corporate limits of said city," and by striking the words ''James T. Dent, of the 26th miLitia &strict of sa.id county," and by striking the words "J. A. wlilUiamson of the 27th militia -<listrict of sa.id oounty," and inserting in lieu thereof the names of "J. J. Lott and M. Isaac," so that when amended said sect.i.on shall read as follows: "Be it furthe<r enacted, 1.nat section 2 of sa.i.d Act of 1870 be stnicken and the fol-
lowing be inserted in its place and stead: "Said Board of
Commissioners of Roads and Revenues shall be composed -of seven members, 4 of whom shall reside in the corporate limits of the city of Brunswick and three of whom shall 1eside w1ithout the corporate limits of sruid city. From and :after the passage of this Act, C. D. Ogg, Tobias Newman,

\\ IWNESDAY, DECEMBER 7, 1898.

351

J. J. Lott and M. Isaac of the city of Brunswick, J. L. }'oster of the 25th militia district of said coun.ty, W. R. Townsend of the 1499th militia district of said county, and Davis Dubberly of the 1356th miJrutia district of said county shall constitute the Board of Commissioners of Roods and Revenue of Glynn county. The term of office of said named commissioners shall expire on the first day of J anuary, 1901. On the first Wednesday in Octoober, 1900, on the day of holding election for county officers of ga,id e.ounty, and subjoot to the same ntles and regulations prescribed by law for the election of members of the legtislature, the successors to t'he above named commissi<mers shall be elected. The c.ommissioners elected on the first W ednesday in October, 1900, shall hold office for a term of two years, begtinning January 1st, 1901, and their sUC<'AlSSOTS shall 1ikewti.se thereafter be elected on 11he same day for holding electJions for county officers of said county, and for like terms. The commissioners 100 elected shall be commissioned by the Governor."

By unanimous consent, the follow.ing Senate bill was taken from the table to be put upon '.its passage:

By Mr. Wingfield-

A bill to make more complete 1lhe transfer of rent or mortgage notes in this State.
Upon the passage of the bill, the ayes were 32, nays 0.

The bill having received the requisite constitutional majority was passed.

JOUR~AL OF THE SENATE,
The following Serrate bill was read the first time: By Mr. Humphreys-
A bill to make it unlawful for any person or persons to make or manufacture fermented intoxicants, and fix punishment fOil' the same.
Referred to the Temperance Committee.
Also, By Mr. Mann-
A bill to fix the compensation of the Solicitoc-General of the several judicial circuits of this State.
Referred to the General Judici-ary Committee.
By Mr. FoudheA bill to provide who may redeem property sold at tax
sale.
Ueferred to the General Judiciary Committee.
Also, By lfr. Little-
A bill to amend sections 1572, 1574, 1576 of the Code of 1895, relative to the sale of fertilizers in this State.
Referred to the Agricultural Committee.
The following House bills were read the second time:

WEDNESDAY, DECEMBER 7, 1898.

353

By Mr. Bynum-

A bill to create a Board of Commissioners of Roads and Revenues f()ll' the county of Columbia.

Also,
By Mr. LaRoache-
A bill to authorize the mayor and aldermen of the city of Savannah to condemn certain lands for drainage purposes.

Also,
By ~Ir. Slaton-
A bill to extend the operation of the laws of Georgia~ applicable to charitJable and benevolent insbitutions of this .State .

..:\.]:;>o,
Hy :l\Ir. WillinghamA bill to amend the Act cre~:.ting the Board of Commis-
sioners of Roads and Revenues for the county of Monroe.

Also,
By :Mr. Rogers-
A bill to fix the salary of the judge of the county court of :l\farion county.
23 sj

354

JOUR~AL OF THE SENATE.

Also,

By Mr. Chappell-

A bill to authorize the St. Luke's Meth'odist church of the city of Savannah to borrow money to complet{l that building.

Also,
By Mr. Oalv.in-
A bill to authorize the city council of Augusta to change in whole or in part the location of the dam across the Savannah river.

The following House bills were read the first time:

By Mr. BryanA bill to amend an Act enti.t:l~d an Act to establish a city
court in the county of Floyd.
Referred to the Committee on Corporations.

Also,
By Mr. Merritt-
A bill to amend oan Aot entitled an Act to alter and amend, revise and consolidate the several Acts granting corporate authority to the town o Sparta, approved December 9th, 1893.
Referred to the Committee on Corporat-ions.

WEDNESDAY, DECEMBER 7, 1898.

355

Also,
::By Mr. Emanuel-

A bill to amend the charter of the city of Brunswick, .and for other purposes.

Referred to the Special Judiciary Committee.

Also, By Meesrs. George and Mayson-

A bill to provide for a system of public schools for the iown of Clarkston, and provide ior a special tax for the maintenance of the same.

Referred to Committee on Corporations.

The following Senate bills were read the second time: ~y Mr. l!orrison-

A bill to regulate and restrict the various pension laws -i)f Georgia so as to cO'Ilfine the payment of pensions to Confederate soldiers worth less than $1,000.
Also,
By !fr. :Morrison-
A bill to repeal section 397 of the Code of Georgia, volume 3.

Leave of absence was granted Senator Bunn until next Tuesday.

Upon motion, the Sen3Jte adjourned until to-morrow at 10 o'clock a.m.

356

JouRNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Thursday, December 8th, 1898.

The Senate met pursuant to adjournment at 10 o'clock a. m. and was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll, the following members an-swered to their names:

Blalock, Brannen, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, GreenE>, Gross, Groven11tein, Hand, Heard, Hodge, Humphreys,

Johnson, King, Lang, Little, Mann, Morrison, MoyP, McGehee, 11-IcLester, Nesbitt, Odom, Passmor.', Perkins, Rawlings,

Re ldinl!, Steed, Sutton, Terrell, Thompson, ThrashHr, Underwood, Webb, 'Vest, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Bunn.
The Journal of yeste!l"day was read and approved.

By unanimous consent, the following House bill wasread the third. time to be put upon its passage:

THURSDAY, lJECEMBER 8, 1898.

357

.ny Mr. Everett-

A bill to amend th~ charter of the town of Lumpkin in .stewart county.

Upon the passage of the bi11, the ayes were 33, nays 0.

The bill having received the requisite constitutional majority was passed, and was ordered immediately transmitted to the House.
1\fr. Nesbitt, Chairman of the Committee on Educa,tion, :submitted the following report:

Mr. President:

The Committee on Education have had under conaideraiion the follOIW!ing House bill,. which they instruct me to report back to the Senate with the recommendation that the -same do pass, to wit:

A bill to amend an Act, approved September 14th, 1894, -establishing a system of public schools for the town of 'Vashington, and for other purposes.

Hespectfully submitted. R. T. NESBITT, Ohairman.

Mr. Brannen, Chairman of the Railroad Committee, sub.mit.ted the following report:

Mr. President:
The Committee on Railroads instruct me to report that ~he following bills be recommended to pass:

358

JouRNAL oF THE SENATE.

Senate resolution No. 22 by Mr. West of the 6th district;.: Senate bill No. 21, by Mr. West of the 6tih district; and that Senate bill No. 66 be reported back and read a second. time, and recommitted to the Railroad Committee.

And that Mr. Fouche of the 42d district, author of bill No. 63, be dlowed to withdraw same.
Respectfully sublllitted. J. A. BRANNEN, Oha:irman.
Mr. McGehee, Chiruirman of the Committee on Temperance, submitted the following report:
,l/1. President:
The Com:rruittee on Temperance have had under consid-eration the following Senate bill, which they instruct me to report back to the Senate, with the recommendation that the same do pass as amended, to wit:
A bill to make it unlawful for any person or persons tomake and lll'a.nufacture fermented !intoxicants, and fixing. punishment for tlhe same.
Respectfully submitted. J. H. McGEHEE, Chruirman.

Mr. Steed, Chairman pro tern. of the General Judiciary Committee, submitted the following report:
Mr. President: The General Judiciary Committee have had under con-

THURSDAY, DECEMBER 8, 1898.

359

sideration the following Senate bill whir1h they instruct me to report back to the Senate Wlith the reeommendation that the same do pass:

A bill to amend seetion 5401 of volume 2 of tJhe Code of 1895, relative to the fees of sheriffs, so as to include as costs the amount paid for revenue stamps.

The Committee also recommend::; the following House bill do pass:

A bill to amend an Act to make permanent the income o the State University, and for other purposes.

The committee also recommends the following Senate resolution do not pass:
A resolutio~ to relieve the Marietta Paper Company from removal of alleged encroachment on the right-of-way o:f the W. and A. R. R.
Respectfully submitted. \Y. E. STEED, Chairman.

The following Senart:e bill was read tJhe second time and recommitted to the Agricultural Committ-w:
By Mr. I.ittle-
A bill to amend sectiocs 1572, 1574 and 1576 of the Code of Georgia, relative to the saJ.e of fertilizers.
The following Senate bills wee read the third time to be put upon their passage:

360

JouRNAL oF THE SENATE.

By Mr. Steed-

A bill to allow foreign railroad companies to be incorporated under the laws of this State.

The bill was temporarily tabled.

Mr. Nesbitt, Chairman of the Joint Committee, appointed to V'isit the Girls' Industrial Sc.hool, the State Normal School and the State University, submitted 1fue following report:
.Lli1. President:
The Joint Committee, appointed from the Senart:e and the H()IUse of Represootatives, under House resolution No. 43, to visit the Girls' Industrial School at M<illedgeville, and also the State Normal School and the S'tate U Diversity at Athens, beg leave to make the following report:
We were mUJCh surprised with the grand work being done for the girls of the State at Milledgeville, and refer to it with botlh pride and pleasure. The scope and character of the instructions, the home-like influences, thrown around the students, the care and neatness required in the arrangements of the dormitories, the general air of thoroughness, all speak in unmistakable tones o. the watchful care of the teachers, who are entrusted witih the training of such a large number of the girls of our State, tho~:>e who are, at no distant day, to take their places in the busy ranks of our modern bread-winners. The plan of industrial education pursued at the institution fills a long-felt want in the training schools of our State.

THURSDAY, DECEliiBER 8, 1898.

361

The buildings, unfortunately, are over-crowded, and many applicants have to be turned away. But for our present financial stralits, we would gladly recommend that funds be appropriruted for increasing the boordrng accommodations.
Some needed repairs are in evidence, and we would recommend that a sum sufficient for 1Jhe necessities be ad"'anced from the State treasury.
The girl who receives her diploJllllt worthily from the In-dustrial School at Milledgeville starts out with the assurance that she has the moral, mental and physical training for a life of usefulnes.>. We oonnot spook in too high pra!ise -of this valuable sc:hool.

THE UNIVERSITY.
At Athens we were shown through the different departments of the University. We were g:ratified to note the improvement in the general appearance of the billldings -on 1lhe campus. The last legislature made an appropriation for the erection of a much-needed building for the offices, -recitation-rooms and labiD-atory, and its completion has relieved, to a great extent, the congestion which existed preTiously. We found the morals of the students good, and the attendance encouraging, when depressed business con-ditions are considered. The faculty have started a co-operative boarding-house, which enables a student to obtain board at a;bout $8.00 per month, under conditions whicih .are neat and desirable. Additional dormitories are greatly needed.
The trustees have purchased a most eligible farm near

::!62

JuUR:SAL OF THE SKNATE.

the city limits, where the studP-nt desiring light upon scientific agriculture will have every opportunity afforded him of studying and experiment.ing along this line. And just here, pei'haps a word of explanation may not be amiss. It is not generally understood that the Aot of Congress, donating the lands, from which the fund for the Agricultural College ~s derived, distinctly stipulatS tluvt this fund shall only be used for the demonstration of scientific knQiwledge.
Another rigid condition .rs, tJhat the funds shall not be
::nveeted at an interest of less 1lhan five and one-half per cent. Therefore, any effort in tihe legislature or else~here, to divert this money from its proper channel, or to invest it at three and one-Jhalf or any other lower per cent. than required by Congress, can but prove futile. Its status is fixed by law, and if we would enjoy its benefits, we must comply with its conditions.
Another misapprehension is, that the Uruiversity is a heavy expense, yearly, to the State, whereJaS, t>he t.ruth is,. that the University does not receive one dollar of !nnual income from the Start:e, but is supported hy oortain specific bequests, and from the landscript fund from the Unittd Stateo. Government. Georgia makES no appropriations. to the University, except for the erootion of buildings, when absolutely needed. The landscript fund referred to was realized from the sale o 240,000 acres o land donated by the United States Government, and amounts to $232,000. Of this amount, all except $90,000 is invested in Georgia State bonds at 7 per cent. The $90,000 is in the treasury, the State paying the interest a,t 7 per cent. From

THURSDAY, DEnMm:n 8, lf!98.

363

this source, and from the Milledge, Terrell, Brown, and

other legacies, the annual income of the University is about

$44,000. That the University has a farm where scientific

experiments may be illustrated, is due rather to the care-

ful busine$ management of 'the trustees, th'an the liberality

of the State. This farm does not belong to the State, but

to the University. Nor does the State appropriate one

cent toward it.s maintenaooe. We make these statements

to correct some wrong impressions which lrave gone abroad,

and in jus1Jice to an iilS'tirt;ution which is doing a grand work

for the youth of our State, and of which every Georgian

should feel justly proud. .

Here too, m' ore room is needed,

but the stringency of the time prevents an application for

help.

THE STATE NORMAL SCHOOL.
Here we found the students in their recitation-rooms, undergOti.ng their examinations beforf) the close of the present session. Between five and six hundred students have ma,triculated during the year just passed. The buildings are in good condi1lion, but not large enough to accommodate 1lhe number of young men and young women who are fitting themselves for teachers. The dOI'lllito.ries are comfortable, and the mees hall neat and well conducted. The board, while ample and wholesome, has 'been reduced to a minimum. The student obtains food, fuel, lights and washing for the very small sum of $7.00 per month-an amount sc small in comparison with the benefits received, as to. be almost incredible.
The instruction is of a high order, and offers unsurpassed

86-l

JOURNAL OF THE SEXATE.

o0pportunities for teachers wishing to thoroughly prepare themselves for their profession.
Altogether, oUT trip was both encouraging and instnlctiYe. Every opportunity and facility was extended us to enable us to investigate every item of !income and disbursement as well as every line upon which education is being eonductOO. We feel that, as a people, we have reason for gratitude, in that our institutions o learning are contributing so much to. the general advance of knowledge.
In conclusion, we beg leave to say, tihat while present general canditions are unsatisfactory, and the clouds over the future are dark and lowering, the minds of oUT young men and women are being developed along lines, which, if properly directed, will enable them to I.ift the clouds, and -finally to bring our common country into the broad sun1ight o:f renewed prosperity.

All of which is re:~pectfully submitted. R. T. NESBITT,
Chairman of the .Committee on the part of the Senate.
J. LINDSEY JOHNSON, Chairman of the Commlittee on tlhe part of the House.

By unanimous consent, the following Senate bill was taken from the table to be put upon its passage:
By Mr. Nesbitt-
A bill relative to the net proceeds arising from the ini=pecflion of oils and fertilizers in this State.

THUru;DAY, DECEMBER 8, 1898.

365-

Mr. Dickerson moved, that the bill be indefinitely pO'Stponed, which motion was withdrawn.

By unanimous consent, the bill was withdrawn.

Mr. West, Chairman of the C6mmittee on Corporations,.

submri.tted the following report:

,

111r. President:
The Committee on Corporations have had under consideration the fOO.lowing House bills, to wit, which they instruct me to report back, with the recommendation that same do pass:
.
A bill entri.tled an Act to provide that the city council of Augusta shall not be required to use its common eeal in making and establishing by-laws, rules and ordinances, and for other purposes.

Also, a bill entitled an Act to amend the charter of the town of Sharpsburg in Coweta county, and for other purposes.

Also, a bill entitled an Act to authol"ize the mayor and council of Washington, Georgia, to !issue bonds to theamount of $30,000 for 1Jhe purpose of paying for waterworks and an electric plant, and to sewer the streets, and for other purposes.
Also, a biU to be entitled an Act to repeal an Act entitled an Act to provide for the creation' of a Board of Commis-

366

JOURNAL OF THE SENATE,

sioners of Roads and Revenues for the county of Ooonee, and for other purposes.

I am also instructed tJo report the following House bill hack with the recommendation that same do pass as amended:

A bill, entiltled an Act to amend the charter of Ocilla in Irwin county, and for other purposes.

I am also instructed to request that the names of Senators Daniel, Heard, and Moye be added to the Committee on Corporwtions.

Respectfully submitted.

W. S. WEST, Chairman.

By unanimous consent, Senaltors Daniel, Heard and l\loye were added to the Committee on Corporations.

By unanimous consent, the following House bill was taken up, read the third time to be put on its passage:
By Mr. WillinghamA bill rf:Q amend the Act creating a Boord of Commis-
sjoners of Roads and Revenues for :Monroe county.
Upon the passage of the bill, the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, DECEMBER 8, 1898.

367

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

Mr. President:
The Committee on Enrollment report as duly enrolled and ready to be transmitted to the House, the following Senate bills, to wit:

A bill to provide for the more full and complete transfer 2nd assignment of rent notes and mortgages.

Respectfully submitted. COLUMBUS HEARD, Chairman.

The following Senate bills were read the third time to be put upon their passage:

Ry ~fr. Brannen-
A bill to amend section 2636 of the Code of Georgia, v.o hich provides a penalty for violatiO'Il of using the name of a person in a partnership, who is not a member thereof.

Upon the passage of the bill, the ayes were 31, nays 0.

The bill having received the requisite constitutional majority was passed as amended, and the amendments were as follows:

Amend by inserting 'lfter the word "permissiO'Il" in the 6th line the following words, "which permission shall b(' in writing and witnessed by two persons, one of whom

368

JouRNAL oF THE SENATE.

shall be an officer authorized to witnSS d-eeds." Also, amend by adding after the word "permission" in the last line of the bill, the following words: "which permission shall be in writing and witnessed by two persons, one ci ;v>'hom shall be an officer authorized to witness deeds."

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

]1[;. President: The House has passed by the requisilte constitutional ma-
jority the :followir.g bills o:f the House, to wit:
A hill to amend sections 177R and 1781 o:f the Code of ] 895, and for other purposes.
Passed. Ayes 105, nays 36.
Also, a bill-to amend section 1262 of the Code o:f Georgia, volume one, of the year 1895, and for 'Other purposes.

Passed. Ayes 94, nays 54.

Also, a bill to repeal an Aot to provide I()il' and regulate municipal elections in the city o:f Savannah, and for other purposes.

Passed. Ayes 108, nays 0.

Also, a bill to amend section 1250 o:f volume 1 of the Code o:f 1895.

Passed. Ayes 93, nays 52.

THURSDAY, DECEMBER 8, 1898.

369

Also, a bill to provide f<Jr the regisbration of voters to vote at tthe municipal elections in the city of Savannah, and for other purpoees.

Mr. Rawlings, Chairman of the Committee on the part of the SenaJte to visit 1Jhe Georgia Sanitarium, submitted the following report:

Mr. P1esident:
Your standing Oommittee on the Georgia State Sanitarium, after a careful investigation of the me'tlhods of ita present operation and expenditures, and a thorough inspection of the buildings, maJChinery, livestock, farms and garden, beg leave to report as follows:
The 'buildings, which are every way ample for present usage, are all in good condition as to Tepair and sanitation. The grounds and yards carefully and nelatly kept, and the drainage good.
The manner in which the apartments for the inmates are kept, and the neat and cleanly CO'Ildition of ~he floors and walls of the hallways, and the interior parts of all the buildings show diligent efforts on the part of the present managemelllt to keep the buildings in the most perfect state of preservation and sanitation.
An inspection of the machinery showed the pumps and heating apparatus in first class condition. Two of the engines are getting old; though doing good work at present, will have to be replaced with new ones in the nea.r future. We also find two of the boilers from long and constant use, show signs of failure and will sh<Jrtly have to be replaced.
24 sj

370

JOURNAL OF THE SENATE.

The ice plant, which the management has recently erected in connection with the institution, is in good condition. The machinery propelling tJhe laundry and planing mill are all in fine condition.
We find the gas plant doing good work and supplying ample quantities of gas for the institution.
All of the above machinery show signs of having been well cared for, clean and neat, location fine, the buildings well kept, and we take occasion rto congratulate the management of the institution in securing the service of so competent an engineer, Captain Dessau.
We find that the :farm and gardens connected with this institution yield to it annually a great quantity of fresh vegetables, potaroes, fruits, cereals and hay, which are gathered llilld used as needed, adding much to the necessities as well as the oomforts of the inmates thereof, which perhaps oould not be had so cheaply otherwise. The dairy department is likewise a blessing to the institution, furnishing to it daily, fresh, and of the finest quality, milk and butter, as well as large quantities of beef as the surplus cattle of the dairy farm are used. There are now at the farm 120 milk oows, 23 calves and 24 heifers. This farm yields tG the institution annually larg"e quantities of pork, there being on hand now 242 pork hogs.
\Ve find all other stock, farming tools and farming machinery suitable, modern, and well cared for.
We examined into the finances through a sub-committee from your General Committee, and after a careful and Jrainstaking examination of the yarious items which go to make up rthe total expenditures for this institution since

THURS,DAY, DECE?>fBER 8, 1898.

371

8n examination was 1had by a former oommittee of the Georgia I...egislature, comparing bil,ls, _vouchers and receipt:;, we are able to say that the system of bookkeeping is entirely satisfactory, and the verification which was exhibited showed the work in this department fai~hfully and honestly performed.
\Ve find that the mediool department of the Georgia State Sanitarium, consisting as it does, of Dr. T. 0. Powell, superintendent; Dr. J. M. Whitaker, 1st assistant, and Dr. L. M. Jones, Dr. J. C. Patterson, Dr. W. A. O'Daniel, assii'ltant physicians, and Dr. - - , Pathologist, are thoroughly competent for their work, courteous and obliging to patients, and diligent in their attentions to the unfortunate inmates who are by distribution assigned to their charge.
We were careful to ascertain the satisfaction given by the physicians there employed, and are pleased to report that their labors have given entire satisfaction, both to the authorities and patients, 'and feel that their places would be hard to fill.
The StewaTd's department of this institution was examined also by the sub-committee. The books and accounts and vouchers in this office, so far as time allowed for examination, were found to be oorrect, and all of the business in said office soomed to be carried on in a systematic business way.
It is through this department that all clothing, bedding, furniture, food, fuel, and feed supplies required for the instjtution are purchased, and your committee has taken occasion to carefully examine the method in 1which these con-

372

JouRNAL OF THE SENATE.

tracts are let, to wh:om and whether or not they had been SG let as to not only oomply with the law, but to secure to said institution the best business management. In this investigation we have been confronted with certain facta which lead us irresistibly to conclude, thrut the best business conduct has not been exercised in behalf of said institution.
We find, from evidence submittad to your committee, and admissions by one of the trustees, to wit: A. Joseph of this institution, who receives his compensation as trustee from the State, has been the contractor with said institution for the purchase of almost every article used by said institution, in the way_ of dry goods for,_ the past two or three years. It is true, that the goods furnished to said institution did not always go by direct purchase from said trustee, but did go through said trustee, either directly or indirectly, and from every purchase so made, said trustee was using his relation 1Jo said institution for the purpose of gain and profit, having made large sums of money from said contracts, whether the articles were sold directly by him to said institution, or whether he submitted bids in the uame of others, and the purchases made nominally by other J>arties or not. This trustee frankly admitted to your committee the truth of above statements, claiming that he had a perfect right to do so, notwithstanding, we find the following paragraph in the By-laws, Rules and Regulations adopted by the trustees of the Georgia State Sanitarium, at :.M.nledgeville, Ga., May, 1898, to be found 'On page 4, section 7:
"No trustee, or any of the officers created hv them, shall



THURSDAY, DECEMBER 8, 1898.

373

be interested directly or indirectly, in any contract or sale of any supplies .to the institution."
This trustee claims that no loss has come to this institution by reason of his conduct, but your committee are forced, in justice to themselves and this institution, to de('~are this conduct improper and not calculated to subserve the best interest of the institution on the part of the trustee. Be it therafore
Resolved, That this oommittee, in view of the facts deYeloped, recommend the appointment of a joint committee of three (3) from the House and two (2) from the Senate to make a thorough investigation of the management and report at the next session of the legislature.
We desire especially to commend the board of trustees for their effort in securing the extension of the Central railroad into the grounds and to the depot o the Sanitarium.
This will be a great saving in the item of freight to the insti~ution. The State is largely indebted to the trustees for this improvement.
Your committee, ad:ter having carefully examined every department of said institution desire to state before con-
cluding this report, that they dffii'l"e oo commend in the
highest terms the management generally and in detail of the present superintendent, and to declare in behalf of his eminent aJbility for the position he occupies.
We recommend that the following appropriations be made:
For support and maintenance of the institution for the ~ear 1899, $28~,000.00.

374

JOURNAL OF THE SENATE.

For support and maintenance of the institution for the year 1900, $280,000.00.

Respectfully submitted.
WM. RAWLINGS, Chairman of Sena:te Committee.

Upon motion of Mr. Redding, the report of the committee on Senat,e bill No. 2 was disagreed to, and the bill was recommitted to the General Judiciary Committee.

The following Senate bill was read the third time to be put upon its passage:
by ir;:- McGehee-

A bill to provide stenographers for the superior and city courts of this State, and to fix their compensation.

}Ir. Humphreys called for the previous question, which eall was sustained.

The vote was upon the passage of the substitute offered hy :Mr. McLester, and upon this Mr. McGehee called for the ayes and nays, which call was sustained, and the vote ~as as follows:

Those voting in the affirm11tive were Messrs.-

Blalock, Brannen, Clifton, Davis,
Gr~~enE',
Hand, Heard,

Hodge, Johnson, King, Lan!!, McLesttlr, Nesbitt, Reddinr,

Steed, Terrell, Webb, Wight, Wilcox, Wingfield

'

THURSDAY, DECEl\IBER 8, 1898.

375

Those voting in the negative were Messrs.-

Daniel, Dickerson, Dowling, Fouche, Gross, Grovenstein, Humphrey!', Little,

Mann, Morrison, Moye, McGehee, Odom, Passmore, Perkins,

Rawlings, Sutton, Thompson, Thrasher, Underwood, West, Wood.

Those not voting were Messrs.-

Bunn,

Mr. President.

Ayes 20. Nays 22.

The substitute not having received the requisite constitutional majority was lost.

Upon the adoption of the substitute of Mr. McGehee, the ayes and nays were called, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Brannen, Daniel, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Humphreys,

King, Little, Mann, Morrison, Moye, McGehee, Odom, Passmore,

Perkin!', Rawlings, Sutton, Thompson, Thrasht>r, Underwood, Webb, Wood.

Those voting in the negative were Messrs.-

Blalock, Clifton,

.Johnson, Lang,

Terrell, West,

376
Davi!!, Hand, Heard, Hodge,

JOURNAL OF THE SENATE.

McLester, Nesbitt, Redding, Steed,

Wight, Wilcox, Wingfield.

Those not voting were Messrs.-

Bunn,

.Mr. President.

Ayes 25. Nays 17..

The substitute was adopted.

Upon passage of the bill by substitute, as amended, Mr. McGehee oalled for the ayes and nays, and the vote was as follows:

Those V'Oting in the affirmative were Messrs.-

Daniel, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Humphreys,

King, Little, Mann, Morrison, Moye, McGehee, Passmore, Perkin11,

Rawlings, Sutton, Tbompso!', Thrasher, Underwood, Wilcox, Wood.

Those voting in the negative were Messrs.-

Blalock, Brannen, Clifton, Davis, Hand, Heard, HodgP,

Johnson, Lang, McLester, Nesbitt, Odom, Redding,

Steed, Terrell, Webb, West, Wight, Wingfield.

THURSDAY, DECEMBER 8, 1898.

377

Those not voting were :Mes:;;rs.-

Bunn,

Mr. Pre~ident.

Ayes 23. Nays 19.

The bill having received the requisite constitutional majority was passed by substitute as amended, and the amendments were as follows:

Amend by striking the following words from section 1 of the substitute: "And for any portion of a day, said reporters shall be paid at the rate of ten dollars a day for taking down evidence in criminal oases. Provided, however, that when said reporters shall be engaged in taking clown the evidence on any day for a trial less than a half day, they may charge and collec;t for a half day's work."

Also, amend by striking out the following words from section 3 of said substitute: "Except that the county commissioners, or such other persons as may be. in charge o the finanoes of the county, may audit tJhe accounts of the stenographers to see that they are correct."

Mr. McLester gave notice that he would move to reconsider the action of the Senate in passing the foregoing bill.
The following Senate bill was read the first time:
By Mr. Dickerson-
.A bill to provide a uniform method of exercising the right of condemning, taking or damaging private property.

378

JOURNAL OF THE SENATE.

Referred to the Committee on Corporations.

The following conm:mnication was received from his J:xcellency? the Governor, through his Secretary, Mr. Hitch, to wit:

Mr. P.resident:
I am directed by the Governor to deliver to the Senate a sealed communication, to which he respectfully invites the consid01ration of your honorable body in executive sesSion.

Mr. Perkins, Chairman on the part of the Senate of the joint committee, appointed to visit 1:1he School for the Blind, submitted the following report:

Mr. President:
The committee appointed on the part of the Senate to visit the School for the Blind at Macon, begs leave to make the following report:

1Ne have examined the disbursements of the funds appropriated by the State to the board of trustees, and find they have made only such expenditures as were necessary and essential to the support and equipment of the institution.
Th~ system of accounts is simple, and at the same time, comprehensive.
In our opinion, the students are receiving proper instructions, care and attention.

THURSDAY, DECEMBER 8, 1898.

379

"\Ve :find that the sanitation o the buildings and grounds has reeiwd that care and attention that its importance demands, with the exception o the roo on the main building, which neds some repairs. The buildings are in good condition and amply sufficient for the needs o the in;;titution, and the grounds are well kept.
\Ve rec.ommend t.he appropriation o eighteen thousand ($18,000.00) dollars for the support o the Blind Asylum, each, for the years 1899 and 1900.

Respectfully submitted. M. T. PERKINS, Chairman.

The following House bills were read the second time:

:By Mr. Pric&-
A bill t.o repeal an Act entitled an Act to provide ~r a Board o Commissioners o Roads and Revenue for Oconee eounty.

Also,

Ry Mr. Erwin-

A bill to amend an Act t.o make permanent the income of the University o Georgia.
Also,

By Mr. Reynolds-

A bill to provide that the city council of Augusta shall not be required to use its common seal in making and establishing by-laws.

380

JOURNAL OF THE SENATE.

Also, Rv Mr. Freeman-

--~
---~.

A bill to amend the charter of the town o Sharpsburg in Coweta county.

Also,

By :Mr. Hardin-

A bill to amend the Act estaJblishing a system of public S<'hools for the town of Washington in Wilke:; county.

Also, By Mr. Hardin-
A bill to authorize the mayor and council o Washington to issue bonds to the amount of $30,000.00.
Also, By Mr. Henderson-
A bill to amend the charter o the town o Ocilla in Ir-
win county.

The following Senate bill was read the first time:
By Mr. Brannen-
A bill to require corporations doing a life insurance business in the State of Georgia upon the assessment plan to l'rint on all their policies or benefit certificates, the words: "This eontwct>iscissued upen t-he. assessment, plan."

THURSDAY, DEC'EMBER 8, 1898.

381

Referred to the Committee on Corporations.

1'he following House biBs were read the first time:

By Mr. Brandon-
A bill to amend section 1262 of the Code of Georgia, volume 1, 1895, relative to pension of Confederate widows.

Referred to the Pension Committee.

Also, By Mr. McDonough-
A bill to provide for and regulate municipal elections in the city of Savannah.

Referred to the Committee on Corporations.

Also, By Mr. Brandon-
A bill to amend section 1250 af volume 1 of the Code of Georgia, providing who pensions shall be paid to.

Referred to the Pension Committee.

Also,

. .;

:By Mr. }fcDonough-

A bill to provide for the registration of voters to vote at the municipaol election 'held in the city of Savannah.

382

JOURNAL OF THE SENATE.

Referred to the Committee on Corporations.
Leave of absence was granted to :Mr. Gross on account o sickness.
Upon motion of !Ir. Steed, the Senate adjourned until to-morrow at 10 o'clock a. m.

Senate Chamber, Atlanta, Georgia, Friday, December Oth, 1898.

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

Prayer was offered by the Chaplain.

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

Blalock, Brannen, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Hand, Heard, Hodge, Humphreys,

Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfielrl, Wood, Mr. President.

FRIDAY, DECEMBER 9, 1898.

383

Those absent were Messrs.-
Bunn.

The Journal of yesterday was read and approved.

The following message was received from the House,
.. through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has adopted the following resolution, to wit:

A resolution, that H()IUse bills Nos. 127 and 128, which were yesterday transmitted to the Senate pending a motion to reC'onsider, be returned by the Senate immediately to the House.

Mr. West moved to reconsider the action of the Senate on yesterday upon the passage of the following bill:
By Mr. McGehee-
A bill to provide stenographers for the city and superior courts of this State, and fix their compensation.
Mr. Humphreys moved to indefinitely postpone the motion to reconsider. The motion was carried.

Mr. LittlE!, Chairman of the Committee on Agriculture, submitted the following report:

Mr. P1esident: The Committee on Agricultme have had under co11.-

384

JOURNAL OF THE SENATE.

sideration the following Senate bill, which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit:

A bill to amend sootions 1572, 1574 and 1576 of the Code of Georgia of 1895, the same being sections 2, 4 and C of an Aot, approved December 27th, 1890, entitled an Act to regulate "the sale of fertilizers in this State, to fix a method of determining the value of same, and for other purposes.

Respectfully submitted. WM. LITTLE, Chairman.

Mr. Wight, Chairman of the Committee on Finance, submitted the following report:
Itt r. President:
The Ooinmittee on Finance have had under consideration the following Senate bills whiCih they instruct me to report back ,to the Senate with the recommendation that the same do pass, to wirt:
A bill to authorize the Commissioner of Agriculture to employ 'a bookkeeper and a stenographer for the Department of Agriculture.
Also, a biH to relieve Solomon Akin's security on the bond of S. S. Sasser.

FRIDAY, DECEMBER 9, 1898.

385

Also, a bill to relieve John}'. Mikell's 'and J as. H. Ellis's security on the bond of S. S. Sasser.
Respectfully submitted. E. L. WIGHT, Ohainnan.

Mr. Wingfield, Chairman of the Committee on the part of the Senate to investigate the Geological Department, submitted the following report:
.Mr. President:

Your committee, acting under a joint resolution from the House and Senate, proViding that a joint committee of three from the House and two from the Senate make a thorough inv;estigation of the Geological Department of Georgia, and re-port back to the General Assembly, beg to submit the following report:
On November 25, 1898, your committee first met and entered upon the work of this investigation and have been since that time busily and earnestly engaged in the diseharge of our duties growing out of said investigation.
In conducting our investigation your committee pro-
ceeded directly upon the requirements laid down in the Act creating ,the Goologiool Denartment, and found in the
Code of Georgia of 1895, volume 1, sections 1712-1725,
which A.ct we had constantly before us. We haV'e collected a great mass of evidence and heard
many persons talk at length on the subjects under investigation. We are unable at this time to digest this evidence and report the same in detail for the reason that in our de-

386

JouRNAL oF THE SENATE.

sire to nHl.ke our investigation thorough and complete as directed and required in the joint resolution above named, we have .too l<arge a mass of evidence on hand, and the inYestigation has already occupied so much of our time that it will he impossible, as stated, to make a more detailed 1eport at this time.
" ...e therefore respectfully ask leave to submit our general conclusions at this time instead of said detailed report. And first,
'Ve find, from our said investigation, that the Geologicai
Department is very necessary to the people of Georgia, and in our opinion, shoulcl be maintained.
Second. That it. is the only way in which the great mineral resources of our State can be developed and advertised to the world.
Third. That directl~- through said Geological Department, our marbles, gold, and othm minerals have already been advertis'd to the world, and lmge contracts for the Jmr<'hase and use of said minerals have been made.
Fourth. That the investment in minerals seems to he on the increase in Georg-ia.
Fifth. " ...e therefm'e recomnwnd that the usual appropriation be made ,to said Geological Department, as we think if said department is abolished or crippled, it will be a serious blow to the mineral resources of Georgia, and a long step backwards.
Your committee further respectfull~- report, that whilo we have had ProfessoT Yeates, the present Geologist, before us at each session of our committee, that the facts relating to the administration of his office, and the general discharge

FRIDAY, DECEMBER 9, 1898.

387

<Of hi.s ofticial duties are not onl.v very largely matters of :scientific and expert knowledge, but it will be absolutely necessary to examine books, records, maps, surveys, and witnesses more fully than we have been able to do. Not being scientists ourselves, we need the testimony of such in this Lranch of our invest.igation; and as to a proper consideration of the other evidence referred to, we need more time in ordE>r to be thorough in our investigation and fair and just t(l !J:.he head of the department.
\Ve therefore ask, first, that our powers be enlarged so that we may stunmon witnesses, compel the production of all necessary books and papers.
SeC',ond. That we may be givon more time to conduct this branch of our investigation with direction and authority to report in detail t:o his Excellency, the Governor, our findings as to the hood of the department, who alone under the Act, has power to deal with him.
Y ery re.speotfully sUJbmitted.
S. T. WINGFIEI.D, Chairman On part of Senate and Chairman joint committee.

The following Senate bill was read the first time: R~ 1Ir. Johnson-
A bill to establish a system of public schools in the town .-of Rlne Ridge in the county of Fannin.
Referred to the Educational Committee.
The following Senate resolution was read the first time:

388

JouRNAL oF THE SENATE.

By Mr. Underwood-

--'-\. resolutiun .to make thoroughly an investigation of theState Sanitarium.

Referred to the Sanitarium CommittRe.

Also,
By Mr. Underwood-
A resolution to direct the superintemderut of the Luna.ticAsylum to deliver William Schwarz to the proper auth~ri ties of Cihart:ham oounty.

Referred to the General Judiciary Committee.

By unanimous consent, Senate bills Nos. 61 and 62 were recommitted to the Finance Committee.

The following House resolution was rood and adopted:

J::;y ~fr. Speer-
A resolution to return to the House, House bills Nos.. J27 and 128, which were transmitted to the Senate through. mistake.
The following House bill was read the t.hird time and. put upon its passage:
H;v Mr. Cahin-
A bill to aut.h:(}rize and provide for the preparation and i~suance to the banks and banking associations, chartered:

FRIDAY, DECEMBER 9, 1898.

389

'by this State, of circulating notes and to fully prQtec.t th~. ,game.

lTpon the passage of the bill, the ayes were 23, nays 1.

The bill having received the requisite constitutional majority, was passed as amended.

Amend by adding at the end of sec.tion 3 the following: "..:\..nd said bank shall koop in its vaults at all times (in addition to the reserve f1md, now required by law), in legal i.rnder notes or specie (25) twenty-five per cent. of its out~tanding notes, to insure the prompt redemption of said .1totes on demand."

Amend section 12 by adding at end thereof, "No banks :Shall be peTlllitted to avail themselves of the provisions of ihis Act, except th9se whose charters c0'11form to all the requirements of this Act."

The following message was received from the House, throngh :Mr. Boifeuillet, the Clerk thereof:

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

A bill to amend an Acl to establish the city court of Allany in Jllnd for the cOIIIDty of Dougherty.
Passed. Ayf'fd 100, nays 0.

390

JouRNAL OF THJo~ SENATE.

The House has also concurred in the Senate amendmentto House bill No. 133, to wit:

A bill to amend the charter of the city of Valdosta, and, for other purposes.

The House has also pru;sed by the requisite constitutional majority, the following bills of the House, to wit:

A bill to amend section 2185 of the Code of Georgia. Passed. Ayes 89, nays 44.

Also, a bill to repeal an Act to provide for a Board of Commissioners of Roads and Revenue for the counties ofCamden, Eohols and Thomas, so far as it relates to countyof Thomas, and for other purposes.
Passed. Ayes 104, nays 0.
Also, a bill to amend the charter of the townof Harmony Grove, and for other purposes.

Also, a bill to provide fo!r a Board of Commissioners of Roads and Revenue for the county of Thomas, and for other purposes.

Passed. Ayes 122, nays 0.
The House has also adopted the following resolution or the House, and ordered the same immediately transmitted: in which the concurrence of the Senate is asked, to wit:
A resolution that the General Assembly convene in joint:

FRIDAY, DECEMBER 9, 11<98.

!391

session in hall of House of Representatives, on December :14th, 1898, art; one o'clock p.m. to receive t:he President of the Gnited States and his parly.

By unanimous consent, Senate bills Nos. 31 and 63 ware withdrawn by their authors.
Senate bill 65 was recommitted to the General Judiciary Committee.

The following Senate resolution was read the third time v.;ith adverse report from committee:
I>y ~Ir. Nesbitt-
A resolution to relieve the :Marietta Paper Company from removal of the alleged oocroachments on the right-ofway of theW. & A. R. R.
The report of committee was agreed to and resolution lost.

:1\-Ir. King, Chairman of the Commit.tee on Enrollment, mbmitted the following report:

.Jlr. President:
The Committee on Enrollment report as duly enrolled nnd ready for the signatures of the President of the Senate and Speaker of the House, the following joint resolution, to wit:

A resoluti'On, extending congratulations to Lieutenant

392

JOURNAL OF THE SENATE.

Thomas M. Brumby, who raised the first American flag over :Manila.

Hespectfully submitted.

C. N. KING, Chairman.

The following Senate bills were read t'he second time:
By Mr. lfumphreys-
A bill to make it unlawful for any pm"SOn or persons t{) make and manufacture fermented inroxicants, and fix a punishment for the same.

Also,
By 1fr. West-
.1..\.. bill appointing commissionell"'S to consent in behalf of the St-ate to the Brection of a new union passenger station on the State's property, in the city of Atlanta.
Also,
Ey :\Ir. Humphreys-
A bill to amend section 5401 of volume 2 of the C<:>de oi J S!:/5, relative to the fees of sheriffs, so as to include as cost;; amounts paid for U. S. Revenue stamps.
The following Senate resolutions were read the seoond time:
J_;.v; :Mr. vVest-
A resolution to provide fOT the oorf1C.tion of map No. 6
of the official survey o theW. & A. R. U.

FRIDAY, DECEMBER 9, 1898.

393

Also,

13y Mr. West-
A resolution to authorize the Governor to appoint a committee to consider, determine and decl-are the northern boundary of the State of Georgia.
~fr. Heard, Chairman of the Committee on Engrosains, :Submitted the following report:

Mr. President:
The committ100 report as duly engrossed and ready for transmission to the House the following bill, to wit:
~o\. bill to amend section 2636 cr.f the Code, providing foor :H penalty for using the name of a person in a parlnership who is not a mem.ber.
Hespf'(:tfully submitted. COLUMBUS HEARD, Chairman.

~fr. "\Yest, Chairman of the Commit.too on Corporat~ns, submitted.the following report:

Jfr. President:
The committee have had under conl'lideration the following Senate bill, which they instl"Uct me to report back with 1the recommendation that same do pass, to wit:

A bill t.o regulate corporations, companies or association.~ t1ansacting husiness of life insurance in this State.

394

JOURNAL OF THE SENATE.

The conimit.tee have also had under consideration thefollowing House bills, which they instruct me to report back, with the recommendation that same do pass, to wit:

A bill to amend the charter of the city of Waynesboro.

Also, a bill to amend the charter of the town of Eru;tman in Dodge county.

Also, a bill to authorize the city council of Augusta to grant certlllin properly for a passenge~ depot.
Also, a bill to authorize the city council of Augusta to fix the number necessary to constitute a quorum.

Also, a bill to authorize the city council of Augusta to fix a limit on fines for violation of city ordinances.

Also, a bill to incorporate the town of Sylvester in \Yorth county.

A1so1 a bill to provide for condemning pri,a.te property for teleg~aph purposes.

The committee have also had under consideration thefollowing House bill, which they instruct me to report back to the Senate that the same do pass by substitute, to wit:

A bill to amend the charter of the city of Savannah.

Respectfully submitted.

W. S. WEST, Chairman.

FRIDAY, DECEMBER 9, 1898.

395

Mr. Underwood, on the subcomm~ttee to investigate the Georgia Samtarium, submitted the following report:

lllr. President:
We the undersigned subcommiMee, appointed by your t.ody to investigate and report to your body as to whether William Sohwarz, Roxie Ann Long are now legally detained in the asylum, and if not, what disposition should be made, or what legislation, if any, is necessary in order .to dispose of them.
1. 'We find thwt \Villiwrn Schwurz WlllS sent up from Chatham county in July, 1895, having been indicted for ruurder, and on the call of the case against him he filed his plea, alleging that at the time of the oommission of the crime, he was insane, and not of sound mind and memory, and that at the time of trial, he was so affiic.ted.
2d. We find, that on motion of the Solicitor-Generalr that that portion of said plea which set up that said William Schwarz was insane at the time of tlhe commission of the erime was stricken, leiaving the plea standing charging and alleging his insanity at the time of the trial.
3d. That the jury found in favor of the plea, and in aceordance therewith the said \Villiam Sc;hwarz was, by the {lrder of the cou:rrt, confined in the "Lunatic Asylum" of this State.
4th. That he is now, and has beoo, in said asylum from the time aforesaid, to wit, on or about the 27th of Julyr 1895.
5th. That at the May term, 1897, the said Roxie Ann

:396

JOURNAL OF THE 8ENATE.

J.ong was indicted for murder, and on call of the case she through her attorneys at law, filed her special plea, alleging that at the time of the trial she was not of sound mind and memory, and therefore, should not be put upon trial for said charge. That the jury trying said case found in favor of said special plea, whereupon, the presiding judge passed an order committing the said Roxie Ann Long to the Georgia State Sanitarium.
6th. That said William Schwarz and Roxie Ann Long :nre now of sound mind and memory.
We therefore rec<>mmend that such legislation be passed ils will authorize the superintendent to deliver him 1Jo the rroper authorities of Oll'atham county, that he may be .dealt with as the law directs. And that the said Roxie Ann I.ong he delivered to the proper authorities of Bryan, to be dealt with as the law directs.

11espootfully submitted.

J. \V. H. liNDERWOOD, Chairman.

The following House bills were read the third time to lw put upon their passage:
Ry ~Ir. Woodall-
A bill to make it unlawful to manufacture any alcoholic .01 spirituous liquors in the county of Talbot.
"Gpon the passage of the bill, the ayes were 26, nays 0. The bill having received the requisi!te constitutional majority was passed.

FRIDAY, DECEMBER 9, 1898.

397

Also.

~y Mr. Mayson-

A bill to provide for a new charter for the town of Clarkston in the county of DeKalb.

Upon the passage of the bill the ayes were 30, nays 0~

The bill having received the requisirte constitutional majority was passed.

Also,

By Mr. Henderson-
..i bill to amend the charter of the town of Ocilla in Irwin (;ounty.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed as amended.
Amendments strike out "annual" and insert ''biennial," and "of each year'' and insert "1901 and every two years thereafter" 'and "one" and insert "two," and "1900" and insert "1901" wherever they occur in the 2d sootion.
And add to secrtion 5 1he following words: "To allow telephone companies to erect a system of telephones."
And strike out of section 6 the words ''But shall have no vote, e-xcept in case of a tie."

398

JOUl{NAL OF THE SEXATE.

The following Senate bill was taken up and ooncurred jn the House substitute as amended:

By lfr. Wight-
A bill to establish a city court in the city of Albany in ~md for the county of Dougherty.

The following Se)larte bill was read the first time:

By Mr. Odom-
A bill to create the city of Albany in lieu of the town o{ Albany.
Referred to the Special Judiciary Committee.

Senate bills Nos. 58, 59 and 64 were temporarily tabled.

The following Senate bill was read the third time to be -put upon its passage:
By :Mr. J.itde-A bill to amend sections 1572, 1574 and 1576 of the
Code of Georgia of 1895, regulating the sale of fertilizers.
Upon the passage of the bill1Jhe ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

The following House bills were read the third time to be put "'Jpon their passage:

FRIDAY, DECEMBER 9, 1898.

399

J)y :Jir. Ellis-

A bill to provide for and fix the hours of keeping open the polls at precincts in incorporated towns.

Upon the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

Also,

11y }fr. FreemanA bill to authorize the mayor and aldermen of the city
of Newnan to establish and maintain a system of sewel"!! nnd drains for said city.
Upon the passage of the bill, the ayes were 31, nays 0.

The bill having received the requisite constitutional rna jority was passed.
Al:;o,
By :Nir. Slaton-. A bill to extend the operation of the, laws of Georgia, ap-
rlicable to charitable and benevolent institutions.

Upon the passage of the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional rna jority was passed.

400 Also,

JouRNAL oF THE SENATE.

By Mr. LaRoache--
A bill to fix the time for the 'alection of all city officeB now elected by the cooncil of the city of Savannah.

Upon the passage of the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,

By Mr. LaRoache-A bill to authorize the mayor and aldermen of the city
of Savannah to condemn property for drainage purposes.
Upon the passage of the bill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority, was passed.

By Mr. ErwinA bill to make permanent the income of the State Uni-
versity, and for other purposa;;. Upon the passage of the bill, the ayes were 23, nays 3.
The bill having received the requisite constitutional majority was passed.

FRIDAY, DECEMBER 9, 1898.

401

Also,

By Mr. Bynum-
A bill to repeal the Aet consolidating the office of clerk and treasurer in Columbia county.
Upon the passage of the bill, the ayes were 28, nays 0.

The bill having received the requisite oonstitUJtional majority was passed.

Also,

By Mr. Bynum-
A bill to create a Board of Commissioners of Roads and Revenue for the county of Columbia.

Upon the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.

Also,
By Mr. Calvin-
A bill to authorize the city council of Augusta to change in whole or in pa:rrt the dam across the Savannah river at Augusta.
Upon the passage of the bill, the ayes were 25, nays 0.
The bill having received the requisite constitutional majority was passed.
26 oj

402

JOURNAL OF THE SENATE.

Also,

By Mr. Hardin-

A bill to amend t.he Act establishing a system of public schools for the town of Washington.

Upon the passage of the bill, the ayes were 26, nays 0.

The hill having received the requisite constitutional majority was passed.

Also, By Mr. Freeman-
A bill to amend the ch3JI'Iter of the town of Sharpsburg in the county of Coweta.
Upon the passage of the bill, the ~Ryes were 26, nays 0. The bill having received the requisite constitutio~l majority was passed.

Also,
By }fr. Chappell-
A bill t.o authorize the St. Luke's Methodist ohurch to borrow money to complete that building in the city of Columbus.
L"pon the passage of the bill,,the ayes were 27, nays 0.
The bill having received the requisite constitutional majority "as passed.

FRIDAY, DEOEMBER 9, 1898.

403

Also,

By Mr. PriceA bill to repeal the Act creating the Board o Oommis-
csioners of Roads and Revenue for the county of Oconee.
Upon the passage of the bill, the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,
By :Mr. Rogers-
A bill to fi.'l: the salary of the judge of the county court .of Macon county.

Upon the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite constitutional majority "'as pasS;ed.

Also,
By Mr. ReynoldsA bill to provide that the city council of Augusta shall
not be required to use its common seal in making by-laws. Upon the passage of :the bill, the ayes were 261 nays 0.
The bill having received the requisite constitutional majority was passed.

404

JouRNAL oF THE SENATE.

The fullowing Senate bill was read the seco~d tiine:

By :Mr. Wight-
A bill to authorize the Oommissioner of Agriculture toemploy a bookkeeper and stenographer far the Departmentof Agriculture.

Also, By Mr. Dickerson-
A bill to provide a uniform method o exereising theright of condemning and taking or damaging -private prop-erty in this State.
The following Senate. bill was read the first time:
By Mr. OdomA bill to amend the Act incorporating the town of New--
ton in Burke county. Referred to the Special J udiciarry Committee.
By unanimous consent, House bill No. 25 wru; read the seoond time and recommitted to the General Judiciary,." after disagreeing to the re-port of the committee, which isadverse to the passage of the bill, which is,
By lir. SlatonA bill to amend the charter of the city of Atlanta.
The following House bills were read the second time:.

FRIDAY, })ECEMBER 9, 1898.

405

~By Mr. Jones of Burke-A bi1l to amend section 4 of an Act incorporating the
town of WayJ?-esboro in Burke county. Also,
_By Mr. Harrell-

A bill to alter and amend the 20th section of an Act to
:incorporate t'he rown of Eastman in the county of Dodge.
Also,
By Mr. Reynolds--
A bill to authorize the city council of Augusta to ex-clusively fix, within prescribed limits, all fines and pun-iF-hments for violation of its ordinances.
Also,

By Mr. Ford-
A bill to incorporate the town of Sylvester in the county -of Worth.

Also, -By Mr. McMillan-

A bill to repeal the proviso rut the end of section 2 of an _Act to extend and define the corporate limits of Savannah.

Also,
-:By Mr. Reynolds-
A bill to authorize the city council of Augusta to grant

406

JOURNAL OF THE SENATE.

and convey so much of the south side of Walker street RS" may be necessary to construct a depot.

Also,

By Mr. Reynolds-

A bill to authorize the city council of Augusta to fix the number of its members to constitute a quorum.

The following House resolution was read and concurred. in:

By Mr. Hardwick-
A r~oluti:on conv~ning the General Assembly in joint. session at 1 '<>'clock on December 14th, 1898, to receive thee president and his party.

The follo"'ing House bills were read the first time:

By Mr. I..aineA bill to amend the 2185th section of the Code of 1895.. Referred to the Committee on Appropriations.

Also,
By Mr. WalkerA bill to amend sec_tions 1778 and 1781 o the Code o
1895 in regaro to stock law in militia districts. Referred to the Agricultural Committee.

FRIDAY, 'DECEMBER 9, 1898.

407

Also,
By Mr. Mitchell-
A bill to repeal ari Act to provide for a Board of Commissioners of Roads and Revenue fur :the counties a Camden, Thomas and Echols, so far as the same relates to the eounty of Thomas.
Referred to tlhe Committee on Corporations.

Also,

By Messrs. Holder and HoschA bill to amend the charter of the town of Harmony
Grove in the county of Jackson.
Referred to the Committee on Corporations.

Also,

By Mr. Mitchell-
A bill to provide for a Board of Oo~ssioners of Roads and Revenue for the county of Thomas.
Leave of absence was granted Messrs. Hodge, Gross, 'I'enell, J oomson, Underwood and Little until Monday.
Leave of absence was also granted the following committee to visit the convict camps: Messrs. Dickerson, GTovenstein, Sutton, Dowling, Lo,ng, Passmore and Rawl-
mgs.

Upon m<l'tion, the Senate adjourned until this afternoon at 4 o'clock.

408

JouRNAL oF THE SENATE.

The Senate met, pursoont to adjournment at 4 o'clock
I' m. and was called to order hy the President.

Upon motion of Mr. Terrell, the roll-call was dispensed with.

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

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

A bill to make appropriations for the ordinary expenses of ,the executive, legislative and judicial-departments of the State Government, payment of the public debt, and the interest thereon, and for other purposes.
Passed. Ayes 125. Nays 0.

The following Senate bill was read the first time:
By Mr. Redding-
A bill to amend paragraph 2 of section 1 of article 2 of the Constitution of this State.
Referred to the General Judiciary Committee.
Upon mOO.on of Mr. Wingfield, all bills and resolutions that passed the Senate to-day were ordered immediately transmitted to the House.
Mr. Heard, Chairman of the Committee on Engrossing, submitted the following report:

FRIDAY, DEC'EMBI!!R 9, 1898.

409

Mr. President:
The committee report as duly engr~ and ready for transmission to the House th:e following Jl"Ouse bills, to wit:

A bill to regulate the f~ of oourt stenographers in this :State.
Also, a bill to fix the compensation <Jf committeemen to
""\'isit the wrious institutions of this State. Hespectfully submitted. OOLU:MBUS HEARD, Chairman.

The following House bills were read .tfue first time:
::By Mr. Chappell of Musoogee-
A bill to make appropriations for the ordinary expenses ..c<f the executive, legislative and judicial departments o :the State Government, and for other purposes, for the years .of 1899 and 1900.

Heferred to the Appropriations Committee.
.300 copies were ordered printed.
Yr. West, ChaHman. of Committee on Corporations, submitted the following report:
Mr. President:
The Committee on Corporations have had under con-sideration the following House bills, which they instruct me to report back with the recommendation that the same (Jo pass:

410

J,oURNAL oF THE SENATE.

A bill to amend an Act entitled "an Act to alter and amend, revise and consolidate the several Acts, granting corporate aut4ority to the town of Sparta, approved December 9th, 1893, and for other purposes."

Also, a bill to provide for a system of public schools for the town of Clarkston in DeKalb county; to provide by special tax for the maintenance and support of the same, and for other purposes.

Also, a bill to repeal an Act, rto provide for and regulate municipal elections in the city of Savannah, and for other purposes, approved December 12th, 1893, and amended by an Act, a'Pproved December_ 1st, 1894.

I am also instructed to report that :the following Rousebill do pass, as amended.
A bill to provide for the registration of voters to vote at the municipal elections in the city of Savannah, and forother purposes.
Respectfully submitted.
W. S. WEST, Chairman.

Mr. Fouche, Chairman of the General Judiciary Committee, submitted the following report:
Mr. President:
The Committoo on General Judiciary have had under consideration the follo~ng Senate bills, which they in-

FRIDAY, DECEMBER 9, 1898.

411

struct me to report back to the Senate with the recommendation that the same do pass, to wit:

A resolution, to authorize and direct the superintendent of the lun:atic asylum to deliver Wm. Schwarz to the proper authoritiffi a Ohwtham county.
Also, a bill to provide who may redeem property sold at tax sale.

The committee have also had under consideration House bill No. 25, which they instruct me to report baek to the Senate with the rec<mllllendation that the same do pass, by substitute, to wit:

A bill tO mnend the charter of the city of Atlanta.
Respectfully mbmitted.
R. T. FOUCHE. Ch&rmm.

The following House bills were read the second time:
By Messrs. Goorge and Mayso11A bill to provide for a system of ~ublic schools in the
town of Clarkston.
Also, By Mr. Merritt-
.A bill to amend and alter md revise the several Acts, granting oorporate authority to the town o Sparta.

412

JouRNAL oF THE SENATE.

Also,

By Mr. McDonough-
A bill to repeal an Act, entitled an Act, providing and regulating municipal eil.ootiQII.S in the city of Savannah.

Also,

By Mr. McDonough-
A bill to provide for the registrwtion of voters at the municipal elections in the city of Savannah.

The following Senate bill was read the second time:
By Mr. FoucheA bill to provide wh:o may redeem property sold at tax
sale.

Leave of absence was granted Senators Wilcox and McI.ester until Monday.

Upon motion of Mr. West, the Senate adjourned until to-morrow at 10 o'clock a. m.

SATURDAY, DECEMBER 10, 1898.

413

Senate Chamber, Atli8.Il:ta, Georgia, Saturday, December lOth, 1898.
The Senate met pursuant to adjournment at 10 o'clock a. m. and was called to order by the President.
Prayer was offered by the Chaplain.
Upon motion of Mr. Brannen, the roll-call was dispensed with.
The J oUTnal of yffiterday was read and approved.
Mr. Heard, Chainn:an of the Committee on Engroesing, submitted the following report:
Mr. President: The Committee on Engrossing, report as duly engrossed
and ready for tmnsmission to the House, the following bill,. to wit:
A bill to provide for a Board of Tax Equalizers in this State.
R-espectfully submitted. COLUMBUS HEARD, Chairman.
The following Senate resolution was read the second time: By Mr. Underwood-
A resolution authorizing and directing the superinten-

414

JouRNAL oF THE SENATE.

dent of the lunatic asylum to deliver William Sohwarz to
the authorities of Chatham county.

:Mr. Redding, Chairman ~f the Special J udieiary Committee, submitted the following report:

J.Jr. President:
The Special Judiciary Committee have had ~nder consideration the following Senate bills, which they instruct me to report back to the Selllate with the recommendation that the same do pass, to wit:

A bill to create the city of Blakely in lieu of the town ' of Blakely; t(} provide a charter for said city, and for other
purposes.

Also, a bill to amend an Act incorporating the town of Newton, Baker county; providing a penalty for the nonpayment of fines imposed by the mayor or council.

The committee have also had under oonsideration the following House bill, which they instruct me to report back to the Senate, with the recommendation that the "same do pass, to wit:

A bill, providing for the payment of insolvent costs of justices of the peace, notaries public and constables of Hancock county.
Respectfully submitted.
J. F. REDDING, Chairman.

SATURDAY, DECEMBER 10, 1898.

415

The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority, the foll<liW'ing bills of the House, to wit:
A bill to amend an Act entitled "an Act to require the Commissioner l()f Agriculture to establish a department of borti0ulture and pomology, etc., and fur the protection of fruitgrowers, and for other purposes.
Passed. Ayes 118. Nays 2.

Also, a bill to repeal an Act to create a Board of County Commissioners for the oounty of Union.
Passed. A.yes 100, nays 0.

The following House bills were read the third time to be ]lUt upon their passage:

By :Mr. SlatonA bill to amend the charter of the city of Atlanta.

lJpon the passage of the bill, the ayes were 23, nays 0. The bill having received the requisite constitutional majority was passed by substitute. Also, P.y !Ir. ReynoldsA bill to authorize the city of Augusta to grant and con-

416

JOURNAL OF THE SENATE.

vey so much 'Of the south side of Walker street to construct a depot, as may be nece'!!Sary.

Upon the passage of the bill, the ayes were 23, nays 0. The bill having received the requisite constitutional majority was passed. Also, By lir. ReynoldsA bill to aJU.thorize the city oouncil of Augusta to fix the number of its council to constitute a quorum. Upon the passage of the bill, the ayes were 23, nays 0.

The bill having received the requi.,ite constitutional majority was passed.

Also,

By Mr. McMillan-
A bill to repeal the proviso at the end of section 2, to define the oorporate limits of the city of Savannah.

Upon the passage of the biH, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,

By Mr. Ford-
A bill to incorporate the town of Sylvester in the county of Worth.

SATURDAY, DECEMBER 10, 1898.

417

Upon the passage Qf the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,

By .Mr. Reynolds-
A bill to authorize the city council of Augusta to exclu:sively fix within its limits, all fines and pumshments for -violation of its ordinances.

Upon the passage of the bill, the ay{)S were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

Also, By Mr. Harrell-
A bill to amend th~ 20th section of an Act incorporating ' ihe town <Yf Eastman in the. county of Dodge.

Upon the passage of the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,
By :Mr. Jones-
A bill to amend section 4 of an Act incorporating the t-own of Waynesboro in the county of Burke.
27 sj

418'

JOURNAL OF THE SE~ATE.

.Upon the passage of the bill, the ayes were 231 nays 0.
. The 'bill having received _the requisite constitutional majority was pa.ssed.

Also, By Mr. Merritt-

A bill to amend, revise and consolidrute the several Acts.
granting corporate authority to the town oo Sparta.

Upon the passage of the bill, the ayes were 23, n:ays 0.
The _bill having received the requisite constitutional ma-jority was passed.

Also, By Messrs. George and Mayson-
A bill to provide for a system of public schools in thee . town of Clarkston in the county of DeKalb.
Upon the passage of the bill, the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. West gave notice that he would move to reconsiderthis bill at the proper time.
Also, J)y Mr. McDonough-
A bfll to providtl for and regulate the municipal election. . in the city of Savannah.

SATURDAY, DECEMBER 10, 1898.

419-

Upon the passage 'Of the bill, the ayes were 23, nays 0.
The bill having received the requisite constitutional majority was passed.

Also,
By Mr. McDonoughA bill to provide for the registration of vaters to vote at-
municipal elections in the city of Savannah.

Upon the passage of the bill, the ayes were 23, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

Amend, so as to strike out in section 8 the words, "And must show an assessment valru.'ation for taxes on the books of said city of at least $1,500.00."
The following House bills were read the first time:
l~y Mr. Easterlin-
A bill to require the Commissioner of Agric'!llture toestablish a department o horticulture and pomology for theState of Georgia.
Refened to the Agriculture Committee.
Also,
By Mr. Walker of Union-
A bill to. repeal the Act to create a Board of Commissioners <Yf Roads and Revenue for Union county.

420

JouRNAL OF THE SENATE.

.Referred to the Special Judiciary Committee.

The following Senate bills were read the second time:

J3y Mr. OdomA bill to amend the Act incorporating the town of New-
ton in the county of Baker.
Also,

J3y Mr. Odom-
A bill to create the city o: Blakely in lieu of the town of Blakely in the county of Early.

Mr. Blalock, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:-
The Committee on appropriation have 1had under consideration the following bill, and have instructed me to Teport the same to the Senate, with the request that the same be read the seoond time and recommitted to yoo.r committoo, to wit:
A bill making appropri'ations for executive, legislative and judicial departments of the State for the years 1899 ~md 1900.
Respectfully submitted.
S. T. BLALOCK, Chairman.

SATURDAY, DECEMBER 10, 1898.

421

The following House bills were read the second time:

l3y Mr. Smith-
A bill to repeal an Act entitled an Act to provide for the payment of insolvent costs of the justice of the peace and notaries public in the county of Hancock.
Also,

By Mr. Chappell-
A bill to make appropriations for the ordinary expenses of the executive, legislative and judicial departments of the State for the years 1~99 and 1900.
Recommitted to the Appropriation Ooormittee.

The following resolution was read and adopted:



By Mr. McGehee-

A resolution appointing a committee of five from the Senate and ten from the House to meet and entertain the Alabama Legislature during their stay in the city.

The resoluti'On was ordered immediately transmitted to the House.

The committee on the part of the Senate were Messrs. McGehee, Blalock, Terrell, Fouche and Morrison.
Upon mooon of :Mr. Webb, all bills that passed the Sen-
ate to-day, be immediately transmitted to the H'Ouse.

422

JOURNAL OF THE SENATE.

The :following oommunication was received :from his Exc.ellency, the Governor, through his Secretary, J\;(r. Hitch, tc wit:

. Mr. President:

I am dirooted by the Governor, to deliver to the Senate a sealed oommunieation, to which he respectfully invites the consideration o:f your honorable body, in executive se;sion.
The :following mes:mge w~ received from his Excellency, the Governor, through his Secretary, Mr. Hitch, to wit:
_Mr. President:
His Excellency, the Governor; has approved and signed, the following resolution, to wit:
"A resolution, appointing a committee of ten from the House and five from the Senate, to investigate the condition of the State Treasury and report the same to the General Assembly."
Also,
"A resolution, extending oongratulations to Lieutenant Thomas M. Brnmby, the now distinguished Georgian, who -raised the first American flag over Manila."

Mr. West, Chairman of the Committee on Corporations, ~ubmitted the following report: Mr. President:
The Committee on Corporations have had under con-

SATURDAY, DECEMBER 10, 1898.

'423

--:5ideration the following H10use bills, which they instruct me to report back with the recommendation that same be -read second time and recommitted, to wit:
A bill to amend the chaTter of Harmony Grove.
Al1o, a bill to repeal the Board o Commissioners o.f ' Camden co'linty.

Also, a bill to provide for a Board of Commissioners o Thomas county.
Respectfully submitted. W. S. WEST, Chairman.

The following House bills were read the second time and ~.recommitood to the Oommi<tltee on Corporations:

-By Messrs. Holder and Hosch-
A bill to amend the charter of the town o Harmony Grove in the county of Jackson.

Also,

~By Mr. Mitchell-
A bill to provide for a Board of Commissioners o Roads . and Revenue or the county o Thomas.

Also,
~l>y Mr. Mitchell-
A bill to repeal the Act providing for a Board .of Com-

424

JOURNAL OF THE SENATE.

missioners of Road and Revenue for the counties of Cam-den, Thomas and Echols, so ia.r as the same relates to the-
county of Thomas.

Mr. Heard, Ohai~an of the Committee on Engrossing,. submitted the following report:

Mr. P-resident:
The committee report as duly engrossed and ready to be transmitted to the House, the following biH, to wit:

A bill to amend sections 1572, 1574 and 1576 of the Code, regulating the sale of fertilizers in this State.
Respectfully submitted. COLUMBUS HEARD, Chairman.

The following message was received from the House,, through Mr. Boifeuillet, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional:
majority, the following bill of the House, to wit:
A bill to levy. and collect a tax for the support of theState government, and for oj;her purposes.
Passed. Ayes 138, nays 0.
The following House bill was read the first time:

, . ;~;J~r~{.~");~:~~~~~: :':'~--~~-:,..:_. ,..:r~ .- ,1, --~-\'\'l:
-. -:~-~ ~~-- -""
. ~..

. ,J ~-

\~ SA.TuRDAY, D~EMBER 10, 1898.

425

.- .. "'!'r J

/ ~~ Yf JT-.<tF-. reeman~

.

..- / / A ~ill to Jevy and collein a tax o:.: the support o the

1 Sta1".e govemme:nt and public institutions iflhereo, and for

/

~purposes.

/
/ Referred to the Finance Committee
Mr. We:rt, Chairman a the Committee on Corporations,
submitted the following report:

Mr.. P-resident:

The Oommi"ttee on Corporations have had under consideration the following Sena'te bill, whleh they inatruet. me to report bac.k to the Senate with the recoiil:IOOlldation that the same be read the second time ~d he :reoommitted, tc wit:

A bill, requiring corporations doing a life insuranoo busi-. ness in this Staltle, to have printed on all their policies, the words "assessment plan."
ltespectfully submitted. W. S. WEST, Chairman.

The following Senate bill was read the second time and reoo~tted Ito the Committee on Cor-porations:

By Mr. BrannenA bill to requiTe corporati~ doing a life insurance busi-
nfi!S in the State of Georgia on the 8S8eMIIlellt plan to have printed on their policies, "This policy is issued on the assessment plan."
Upon t;n-otion of :Mr. West, the Senate adjourned until :Monday at 10 o'clock a.m.

.--~/-:.:s: , ,-....

426

JouRNAL OF THE SENAT&

Senate Ohamber, Atlanta, Geo~l-a,

.
"-"

., . Monday, December 12-th, 1 .

9. 8,.._,,,

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

Prayer was offered by the Chaplain.

upon the call of the roll, th~ following members an-
.swered to their names:

Blalock, Brannen, Bunn, Daniel, Davis, Dickerson, Dowling, Fouche, _Greene, Grovenstein, Hand, Heard, Hodge, Humphreys,

Johnson, King, Lang, 'Little, Mann,, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins, Redding,

Steed, Suttpo, Terrell, Thompson, Th18Shar-, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Clifton,

Gi-osa,

Rawlings.

The Journal of Saturday was read and approved.

The following message was received from the House, through :Mr. Boifeuillet, the qerk thereof:

..V. r. PresUlent:
The House has passed by the requisite constitutional majority, the following bills of the House, to wit:

.I '.-:_.

MONDAY, DECEMBER 12, 1898.

427

A bill to amend the ehartffi" of the city of Augusta. Passed. Ayf!IB 107, nays 0.

Also, a hill to regulate and oontrol the sale of spirituous liquors through the medium of dispensaries, located in the -several towns of the county of Mitchell, and for other purJ>OSes.
Passed. Ayf!f3 105, nays 0.

Also, a bill to estaiblish the city court of Swainsboro in the county of Emaimel, and for other purposes.
Passed. Ayf!IB 105, nays 0.
Also, a bill to fix the time of holding eertain courts in ihe southwestern judicial circuit, and for other purposes.
Passed. Ayes 93, nays 0.

Also, a bill to amend an Act to create a Board of Coun- iy Commia;;ioners of Roads and Revenue for the oounty of Baldwin, and for other purposes.
Passed. Ayffi 105, nays 0.
Also, a bin to amend the charter of the city of Marietta, -and for 'Other purposes.
Passed. AyeJB 100, nays 0.
Also, a :bill to change the manner of selecting .th1'l County Commissioners of Brooks county, and for other purposes.

428

Jou&YAJ. OI<' THE SENATE.

The House has also concurred in the Senate amendments to the following bills of the House, to wit:
A bill to provide and authorize for the issuance to the banks and banking associations, chartered by this State, of circulating notes; to fully protect the same, and for other purpos5.
Also, a bill to amend an Act, creating a Board of Commissioners <Yf Roads and Revenue in the county of. Glynn,. and for other purposes.
Also, a bill to amend the Act establishing the city court of Albany, and for other purposes.

Also, a bill to amend the charter of Ocilla in Irwin county, and fm other purposes.

Also, a bill to repeal an Act to create and organize a l)oard of Tax Assessors for the city of Savannah, and for other purposes.
Also, a bill to provide for the registration of voters in municipal elections in the city of Savannah, and for other purposes.
The House has also concurred in the Senate substituteto the following bill of the House, to wit:

A bill to amend the charter of the city of Atlanta.

The Hou...c;e has also passed by substitute, by the requisitet"OOStitutional majority, the fullowing bill of the Senate,. to wit:

.Y, MoNDA DEcEMBER 12, 1898.

4Sl9

A bill to amend an Act establishing the city oourt of Albany in and for the county of Dougher.ty, and for other purposes.

Passed. Ayes 100, nays 0.

The House has also passed by the requisite constitutional majority, the foll<ffling bills of the Senate, to wit:

A bill to amend an Act creating a Board of PtOliee Coonmissioners for the ci.ty of Albany, and for other purposes.
PaS$ed. Ayes 91, nays 0.

Also, a bill to repeal the Act creating a Board of County <..~ommissioners of Roads and Revenue of the county of Fannin.
Passed. Ayes 98, nays 0.

.Mr. DRvi:;, Chairman pro tern. of the Committee on Agl"iculture, submitted the follawing report:
Mr. President:
The Committee on Agciculiture have had under consider1l.tion House bill No. 156, which I am instructed to report back with the rooommendation that it be read the seoond time and- be recommitted to said committee.
Respectfully submitted. "\V. J. DAVIS, Chairman pro tern.
Mr. Fouche, Chairman of the General J udici:ary Committee, submitted the following report:

430

JouRNAL oF THE SENATE.

J.lf1". President:
The General Judiciary Committee have had under consideration the following Senate bill, which they instruct me to report back .to the Senate with the reoommendation that the same do pass:
A bill to authorize and permit foreign railroads to become incorporated under the laws a this State.
Respectfully submitted.
R. T. FOUOHE, Chairman.

Mr. West moved to reconsider House bill No. 302, which was passed by .the Senate on Saturday. The bill was reconsidered.

A petition from the Confederate veterans of Athens was. read.

By unanimous -consent, the following Senate bill was read the second time and recommitted to the Pension Committee:

By Mr. W e::.'t-
A bill to apportion and prorate the pensions of rthe several Acts of this State.
The following House bill was read the second time and. recommitted 1:o the Special Judiciary Committee:
By Mr. Emanuel-

A bill to amend 'the charter of the city of Brunswick.

MoNDAY, DECEMBER 12, 1898.

431

The :following mtlSII.g'e was received from the Hou~ . -through Mr. Boifeuillet, the Clerk thereof:
Mr. President:

The House has non-concurred in the Senate amendment to House ibill Ko. 135, to wit:

A bill to amend the charter of the Home Loan and Banking Company of Atlanta.

The following Senate bill was read the third time to be put upon its paa;age:

By Mr. Dickerson-
A bill to amend an Act, entitled an Act tO provide a uniform method of exercising the right of condemning,. taking or damaging private property.
Upon the passage of the bill, the ayes were 24, nays 0.

The bill having received the requisite oonstitllltional majority was passed.

The following message was received from rt;he House,. through Mr. Boifeuillet the Clerk thereof:

Mr. President:
The House has passed, by the requisite constitutional majority the followU.ng bills of the House, to wit:

A bill to repeal an Act incorporating the town of Bremen, and creating a new charter for said town.
Passed. Ayes 100, nays 0.

432

JouRNAL oF THE SENATE.

Also, a bill to relieve 0. W. Linder, ex-Tax-Collector of I.aurens county,_ B. B. Linder, and others, as securities on said Linder's bond;

Passed. Aye. 93, nays 0.

Also, a bill Ito authorize the judges of the superior court to grant charters to corporations at Chambers, and for other purpose..
Passed. Ayes 100, nays 0.

Also, a hill to abolish the city court of DeKalb county, and for other purposes.
Passed. Ayf>S 96, nays 0.

Also, a bill to amend an Act to incorporate the town of J.yerly in Chattooga county, and for other purposes.

Passed. AyeJ 93, Hays 0.
Also, a bill to repeal an Act to submit to the voters of Troup county the question whether or not spirituous liquors shall be sold in said county, and for other purposes.

Passed. AyeJ 92, nays 0.

.l\..lso, a bill to amend an Act to give Commissioners of Ttoads and Revenue or county judges the power to lay out or discontinue public roads, and for other purpose..

Pa.ssed. Ayf>S 100, nays 0.
The House has also adopted the following joint resolutions, in which the concurrence of the Senate is asked, to -wit:

MoNDAv, DECEllBER 12, 1898.

433

A resolution f.or the relief of George A. Hall and Joel }-. Thornton, as sureties on the bond of Gene Williams.

Passed. Ayes 88, nays 0.

Also, a re:;olution relating to the marking of the graves -ofSouthern snldiers who died in Northern prisons.

The following Senate bills were read the third time to he put upon their passage:

l~y r. Wight-
.A. bill to authorize the Commissioner of Agriculture to oemploy a bookkeeper and stenographer for that department when necessary.
m The report the committee was agreed to, which is fa-
Yorahle to the passage of the bill.
Mr. Hand moved to reconsider the action in agreeing to the repo:r:t of oommittee, which motion prevailed.

And upon motion of Mr. Webb, the bill was temporarily -tabled.

Also.
Ey Mr. West-
A resolution to authorize the special attorney of the W. & A. R. R. to have official map No.6 of theW.&. A. TI. R. remodeled.
28 sj

434

Jou&..-.,AL oF THE SE~ATE.

upon the passage of the resolution the ayes were 24,. nays 0.

The resolution having received the requisite constitutional majority was passed.

Also,
By Mr. 1Nest-
A resolution to authorize the Governor to appoint a. c.ommission to consider and dertermine the northern bound-ary of the State of Georgia.
Upon the passage of the resolution the ayeS were ~6,. tJays 0.
The resolution h:aving receiYed the requisite constitu-tional majority was passed.

By lllr. Undel'WQod-
A resolution to direct the superintendent of the lunatic asylum to tun1 Wm. Schwarz over to the authorities of Chatham county.
rpon the passage of the resolution the ayes "ere 23, 1;ay,; 0.
The resolution having recei,ed the requisite c.onstitu-tioual majority was passed.

MoNDAY, DECEMBER 12, 1898.

4!l5

Also,
By Mr. SteedA bill to authorize foreign railroad companies to become
incorporated under <the laws of this State. Upon motion of Mr. Steed, ~he bill was tabled.
Upon motion of Mr. vYest, 100 copies of the tax bill' were ordered printed.
Upon motion of Mr. Hand, the following Senate bill wa8 taken from the table to 'be put 1;1pon its passage.

By Mr. Wight-

A bill to authorize the Commissioner of ~~griculture to employ a bookkeeper and stenographr for the Agricultural Department.

Upon the passage of the bill, lfr. Fouche called for the ayes and nays, which oall was sustained, and the Yote was aE follows:

Those voting in the affirmative were l):essrs.-

Blalock, Bunn, Dickerson, Hand, Hodge, Little,

McGehee, Nesbitt, Odom, Perkin!!, Steed, Sutton,

Terrell, Thrasher, Webb, West, Wight.

Those voting in the negative were :Messrs.-

Brannen, Daniel,

Hnmphreys, Johnson,

PassmorP, Rt>dding,

436

JoURNAL OF THE SENATE.

Dowling, Fouche, Grovenstein, Heard,

King, Lang, Mann, Moye,

Underwood, Wood.

Thwe not voting were Messrs.-

'Clifton, Davis, Greene, Gross,

Morrison, McLester, Rawling3, Thompson,

Wilcox, Wingfield, Mr. President.

Ayes 17, nays 16.

The bill not having received therequisite constitutional majority was lost.

Also, By :air. Humphreys-
A bill to amend section 5401 of the Code of Georgia 1">lative to the paying for United States rE:>venue stamps by the sheriffs.
r pon the paPSage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional ma-

jorit~' was passed.

.

Also,

By }[r. Humphreys-

A bill to make it unlawful for any person or persons to make and manufacture fermented intoxicants, and fixing punishment for the same.

MmmAY, DECEMBER 12, 1898.

437

lJpon the passage of the bin, the ayes were 24, nays 5.

The bill having received the requisite constitutional majority was passed as amooded, by striking out in third line the words "make and." Also, by adding the words "Domestic wines" after the word "liquor'' in section 1.
Also,
By Mr. Fouche-
A ~bill to proVlide who may redeem property sold a,t tax sale, and for other purposes.
Upon the passage of the bill the ayes were 24, nays 2.

The bill having received the requisite oonstiturt;ional majority was passed as amended, and the amendments are as follows:
By striking out the words "property of any kind" in the third line of section 1 and insert in lieu thereof the words "real estate." 2d. Insert after the word "redeemed" in the fourth line of sectton 1 the words "at any time within twelve months after the sale." 3d. Strike out of the capti~ the word "property" and insert in lieu thereof the words "real estate."

The bill was ordered immediately transmitted to the House.

Also, By :Mr. Smith-
A bill to repeal the Act providing for the payment of

"438

JOUR~AL OF THE SENATE.



the insolvent cosis od: the justice of the peace, notaries pub-

lic and constables of Hancock county.

e pon the passage of the bill, the ayes were 28, nays 0.

The bill having received the requisite constitutional majority was passed.

Mr. King, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
The coonmittee report as duly enrolled and signed by President of the Senate and Speaker of tthe House and de. livered to the Governor, the following Act, to wit:

An Act, incorporating the city od: Cedartown m .the county of Polk.

Also, an Act to repeal an Act cr~ting a Board of Commissioners of Fannin county.
Respectfully submitted.
C. N. KING, Chairman.

lfr. Brannen, Chairman of thP. Committee on Railroads, submitted the following report: Mr. President:
The Committee on Railroads instruct me to rePort Sen-

MoNDAv, DECEMBER l2; 1898.

439

:ate bill N"o; 66 by Mr. West of the 6th District, with reco(lmmendation that the same do pass.
Respectfully submitted. J. A. BRANNEN, Chairman.

:Mr. \Vest, Chrui.:rman of the Committee on Corporations, :submitted the following report:

J1r. President:
The Commi1:Jtoo on Corporations have had under consideration the foHuwing House bills, which they report ;back with the recommendation that same do pass~ to wit:

A bill to amend tJhe charter o Harmony Grove. .

Also, a biil fixing the boundary line -between the State of Goorgia and South Carolina, making it the northern bound.ary of the city of Augusta.

Also, a bill to provide for a Board of Commissioners of 'Thomas county.

Also; a bill to repeal a Board of Commissioners of Cam-
,flen county.

Respectfully submitted.

W. S. wEST, Chairman.

>

t . . .,

)lr. Hand gave notice that he would move t0 :reConsider

"the action of the Senate in defeating Sensire billNo. 19~

440

JouRNAl, oF THE SE!\A'fJo:.

By unanimous oonsent Mr. Wingfield was added to the Committee on Appropriations.

House bill No. 302 that was reconsidered this morning: passed-ayes 24, nays 0-as amended, which amendments are as follows:
By striking out the words beginning with the following.
. I
words: "To pay an incidental fee'' in the thirteenth liBe Of the thirteenth section down to the words "all such" in same section, line 25, and substitute in lieu thereof the fol.lowing words: "And children living outside the limits of said town, to pay an ill'cideutal fee, during any term of said school outside of the time when the free SCJhools are taught,. not exceeding fifty cents per month, and said Board may require children living outside of the limits of said town topay tuition, except for any during the free school tenns."
Also,
By Mr. Odom___.:
A bill to create the city of Blakely in lieu o the town of Blakely in the county of Early.
Upon the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite constitutional rna- jority was passed.

Also, By Mr. "\Vest-
A bill appointing commissioners to consent in behalf of

MoNDAY, DECEllrBEn 12, 1898.

44I

the Sta.te, to the erection of a new passenger dep<Yt to be-
located on the State's property in the city oo Atlanta.

Upon the passage of the bill, the ayes were 24, nays 0.
The bill having received the requisite constitutional majority was passed.

Mr: Brannen moved to recede from its amendments tO< House bill No. 135.
)fr. Wingfield moved as a. substitute that the Senate insist on its amendment to this bill, which motion prevailed.

Also, By Mr. Odom-
A bill to amend the Act incorporating the town of Newton in the county of Baker.
Upon the passage of the bill, the ayes }Vere 26, nays 0.

The bill having received the requisite oonstiturtional majority was prueed.
The following House bill was read the first time:
By Mr. BarwickA bill to establish the city court o Swainsboro i!l the
county of Emanuel, and for other purposes.
Referred to tihe S_peeial Judieiary Committre.
The following Hoose bills. were read the seoond time:

442

JouRNAL oF THE SENATE.

By :Mr. Esterlin-
A bill to amend an Act entitled an Act to require the Commissioner of Agriculture to establish a Department of Horticulture and Pomolog) for this State.
Also,
By Mr. Freeman.~ bill to levy and collect a tax for the support and main-
tenance of the State gove:mment c; the State of Georgia :for the years 1899 and 1900.
The following House bills were read the first time:
By 111.r. Tracy-
A bill to fix the time of holding certain courts in the .Southwestern .Judicial Circuit.
Referred to the Special Judiciary Committee.
.Also, By Mr. Wad~
A bill to change the manner of selooting the Uounty Commissioners of Brooks Gounty.
Referred to the Special Judiciary Committee.
Also,
By Mr. Morr4;A bill t~~mend the.charter ofthe city; of Marietta~in~he
county of Cobb.
.: Referre(Cto the Committee' 6:ri. Education.

MONDAY, DECEMBER.. 12,. 1898.

443

Also,
By Mr. BennettA bill to .regulate and control 'the sale o spirituous
-liquors through the medium o dispensaries located in the sewral towns o Mitchell county.
Referred to the Temperance Committee.

Also,

'"

By Mr. ReynoldsA bill tO amend the c:ha.i-ter of the -city o Augusta. Referred tQ the Committee on. Corpo~tions,

Also,

By }lr. Rudicil-

,A_ bill to am_end if:.he Act to incorporate the to'Yll .of Ly-

-~Hy in Chattooga eon;ttY .

.

..

Referred

.to

~he

Committee
'

on

Corpora~ions.

Also,

By Mr. Post-

. l!,

_. Abillto authorize the judges_of _the superior courts to

!grant c.harters to corporations at Chambers,, .in...~r1!ai.n

cases.

, , r;; T

44:4

.JouRNAL oF THg SE:SATE.

Also,

By Mr. Tatum-

A bill to amend the Act to give to the county commissioners and oounty judges the right to lay out and disoontinue roads.

Referre<fto the Special Judiciary Committee.

Also, By Messrs. Mayson and Georgfr-
A bill to abolish the city coort of DeKalb, and for other purposes.
Ueferred to the Special Judiciary Committee.

..o. \.lso, By Mr. Griffin-
A bill to repeal the Act ~ncorporating the .town of Bremen, and enact a new one for said town.
Refened to the Committee on Corporations.
Also, By Mr. Stubbs-
A bill to relieve 0. W. Linder, ex-Tax~Collector of Laurens county, arid B. B. I~enders et al., as securities on said I.inder's bond.
Referred to the Special Judiciary Committee.

Mo~DAY, DECEMBER 12, 1898.

445

Also,

By ::llr. Park-
A bill to submit to the qualified voters o.f Troup county whether or not spirituous liquors shall be sold in said county.

Referred to the Special Judicial Committee.

Also, Ry ~fr. Allen-
A bi1l to amend the Act creating the Board of Commissioners of Roads and Revenue for the county of Baldwin.
Referred to the Special Judiciary Committee.
Also, the following resolutions oo the House were read
the first time:
Ry l\Ir. GriffinA resolution for the relief of George C. Hall and Joel
T. Thornton as sureties on the bond of Gene Williams. Referred to General Judiciary Committee.

Also,
By :Mr. CalvinA resolutio~ in regard ,t;o the marking of the graves of
Sourthern soldiers who died in Northern military prisons, nnd for other purposes.
Referred to the State of the Republic Committee.

446

JouRNAL OF THE SENATE.

The following Senate resolution was read and adopted:

By :Mr. Brannen-
. A resolution, That on and after to-morrow the privileges of the Chamber sh3ill be extended only to members. of the House, State officials and newspaper reporters, except by special permission, and the doorkeepers are required to enforce this rnle. The privileges of the floor are also. extended to ex-members of the House and Senate.
The following House bills were read the sooond time:
By l\lr. Calvin-
A bill to nx the boundary line between the States of Georgia and South Carolina.

The following House bills were read the thir9 time and passed:

By 1.Ir. Mitchell-
~\. bill to repeal the Act creating a Board of County Commissioners for the counties of Camden, Thomas and Echol:> so far as the same rela.tes to the county of Thomas.

rpon the passa~c of the bill the ayes were 25, nays 0.

The bill haYing received the requisite constitutional majority was passed.

MoNDAY; DECEMBER 12, 1H9R.

447

Al:;o, By Mr. Mitchell-

A bill to provide for a Board of Commissioners of Roads. and Revenues for the 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.

Also, By Messrs. Holder and Hosch-
A bill to amend the charter of the town of HarmonyGrove in the county of Jackson.

Upon the passage of the bill, the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

I.:"pon motion of }fr. King, the Senate adjourned until to-morrow at 10 o'clock a. m.

-448

JuuR~AL OF THE SI-;NATE.

Senate Ohamber, Atlanta, Georgia, Tuesday, December 13th, 1898.
The Senate met pursuant to adjournmelllt at 10 o'clock .:a. m. an\l was called to <>rder by the President.
Prayer was offered by the Chaplain.
Upon motion of :Mr. Steed, the roll-call was dispensed with.
The Journal of yesterday was read and approved.
:Mr." Terrell gave notice that he would move to reconsider the action of the Senate on defeating Senate bill No. 19.
:Mr. Steed moved to reconsider the action of the Senate Dn yesterday in insisting on its amendments to House bill ~o. 135, which m<>tion was lost.
The following communication was received from his 'Excellency, the Governor, through his Secretary, :M:r. Hitch, to wit:
Mr. President:
I am directed by the Governor rt<> deliver to the Senate a sealed communication, to which he respectfully invite_, ihe consideration of your honorable body in Executive ses,gion.
The following message was received from the House 1hrough :Mr. Boifeuillet, the Clerk thereof:

TUESDAY, DECEMBER 13, 1898.

449

Mr. President: The Ho~ has passed by the requisite constitutional
majority the following bills of the House, to wit:
A bill to establish a system of Public Schools for the city of Tifton in the county of Berrien.
Passed. Ayes 109, nays 0.
Also a bill to limit and regulate the payment of insolvent cost of the sheriff of Richmond oounty; and for other pUJ."-. poses.
Passed. Ayes 99, nays 0.

Also a bill to IIJIII.end an Act to create a Board oi Commissioners of Roads and Revenues for the counties of Spalding and Butts.

Passed. Ayes 99, nays 0.

Also, a bill to create a Board of Commissioners of Roads nnd Revenues for the county of Dade.
Passed. Ayes 96, nays 0.
Also, a bill to amend an Aot to provide a new charter inoorpoorating the town of Tennille in Washington county.
Passed. Ayes 94, nays 0.

Also, a bill to authorize the judg6 of the superior cou.rta to fill vacancies in the office of Commissioners of Roads and Revenue in certain instanc6, and for other purposes.
Passed. Ayes 100, nays 0.
29 sj

450

JouRNAL OF THE SENATE.

A bill to repeal an Act to authorize Commissioners of Roads and Revenue of Newton county, to establish dispensary, and for other purposes.

Passed. Ayes 96, nays 0.

Also, a bill to amend an Act to create a Board of Commi$ioners of Roods and Revenue for the oounty of Washington.

Passed. Ayers 90, nays 0.
Also, a bill to ct:eate a Board of Commissioners of Roads and Revenue for the count.v of Butts, and for other pur poses.
Passed. Ayes 93, nays 0.
Also, a bill to prohibit the manufacture of spirituous liquors in Butts county, and for other purposes.
Passed. Ayes 90, nays 0.

.Also, a bill to prohibit the manufacture of spirituous liquors in Newton county, and for other purposers.
Passed. Ayers 92, nays 0.

Also, a bill to limit and regulate the payment of insolvent c<>&ts of the clerk of the superior court of Richmond county.
Passed. Ayes 100, nays 0.

TuESDAY, DECEMBER 13, 1898.

451

Also, a bill to estwbl!ish a new charter for the town of Leesburg in the county of Lee.

Passed. Ayes 128, nays 0.

Also, a bill to amend an: Act approved December 18th, 1897, providing for admission to the bar, etc., and for other purposes.

Passed. Ayes 111, nays 8.

Also, a bill to amend section 98 of the Code of 1895, and for other purposes.
Passed. Ayf:'13 91, nays 0.
Also, a bill to give county boards of education full power tv regulate the pu!blic school terms, and for ather purposes.
Passed. Ayes 115, nays 1.

Also, a bill to establlish a State Board of Embalming, and for other purposes.

Passed. Ayes 88, nays 3.

The House has also concurred in the following joint resolution of the Senate, ;to wit:
A resolution, appointing a committee of five from the Senate and ten from the House to welcome the General Assembly of .Alabama to the city of Atlanta.

452

JOURNAL OF THE SENATE.

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

A resolution, to provide for bringing up the unfinished businees of the SSSion.
Mr. Hand moved to reconsider the action of the Senate on yesterday in defeating Sena.te bill No. 19, which motion was lost.
By unanimow:; consent, Mr. Mann was added to the }'inance Committee.

Mr. Redding, Chairman of the Committee on Special J udicia.ry, submitted the following report:

Mr. President:

The coonmittee have had under consideration the following House bills, which <they instruct me to report back with the recommendation that same do pass, to wit:
A bill to establish the city coul'lt or Swainesboro.

.Also, a bill to amend an Act creating a Board of Com~ missioners and county judges in State, approved December 24, 1896.

Also, a bill to abolish the city court of DeKalb county.

Also, a bill to relieve 0. W. Linder, ex-Tax-Collector of J.aurens county.

TuESDAY, DECEMBER 13, 1898.

453

The following bill of the House do not pass:

A bill to amend the charter of the town of Washington.

Also, the following bills do pass:
A bill to fix .the time of holding courts in the Southwestern circuit.
Also, a bill to cha'nge the manner of electing county commissioners af Brooks county.
Also, a bill to amend an Act to create a Board of Commissioners of Baldwin county.
Respectfully submitted. J. F. REDDING, Chairman.

Mr. Nesbitt, Chairman of the Committee on Education, submitted the following report:
Mr. President:
The Committee on Education have had under consideration the following House bills, which they instruct me to report back with the recommendation th31t same do pass, to wit:
A bill to amend the charter of the city of Marietta. Respectfully submitted.
R. T. NESBI'IT, Chairman.

454

JOURNAL OF THE 8ENATE.

Mr. :E'oucbe, Chairman of the General Judiciary Com~
mittoo, submitted the :ollowing report:

Mr. President:
The General Judiciary Committee have had under consideration the following Senate bill, which they instruct me tc. report back to the Senate with the recommendation that the same do pass:

A bill to amend par-agraph 2 of section 1 of article 2 of the Constitution of the State of Goorgia.

The committee also recommends that the following House resolution do pass:

A resolution for the relief of George A. Hall and Joel :F'. Thornton as sureties on the bond of Gene Williams.

Respectfully submitted. R. T. FOUCHE, Chairman.

Mr. :Fouche, Chairman of the General Judiciary Com mittee, submitted the following report:
}rfr. President:
The Committee on General Judiciary have had under consideration the following Senate bill, which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit:

TuESDAY, DECEMBER 13, 1898.

455

A bill to amend paragraph 1 of sootion 107 of the Code of 1895.

Respectfully submitted. R. T. FOUCHE, Ohairman.

Mr. Little, Ohail."llUln of the ()mmrittee on Agriculture, submitted the foll'OW'ing report:

Mr. President:
The Committee on Agriculture have had under consideration the following House bill, which they instruct me to report back to the SenaJte with the recommendation that ihe same do pru;s as amended, to wit:

A bill to amend section 1 of an Act entitled an Act to prescribe three grades of complete eommercial fertilizers, for the branding of same upon each sack or package there of, and for other purposes.

Respeci:l.fully sUJbmitted.

'

WM. LITTLE, Chairman.

Yr. Hand, Ohairman on the parl of the Senate committee to investigate the controversy between Dr. Payne and Ron. 0. B. Stevems, submitted the following report:

MT. President:
rrhe Joint Committee appointed under resolution No. 52 to investigate the controversy between Dr. Payne, ex-State Chemist, and Hon. 0. B. Stevens, the Commissioner of

456

JOURNAL OF THE SENATE.

Agriculture, with reference to posses;;ion of chamicals and apparatus in the State Laboratory, and the expenditure of appropriations made by the State Chemist since 1891 to the present time, beg leave to submit the following report, to wit:
We find that the law under which the office of State Ohemist was created, to be in the Acts of 1877, Folio 38, as follows:
Sootion 111. Be it further enacted, That it shall be the duty of the Commissioner of Agriculture to appoint an experienced and competent chamist to analyze all fertilizers, or chemicals for manufacturing the ~e, offered for sale or distribution in this State, and make such other analyses as may be required by the C10mmissioner of Agriculture. The said chemist shall1Jake and subscribe, ;before some officer duly authorized to administer the same, an ooth, faithfully and imparti<ally to perform all the duties Wlhic:h. may be required of him under the provision of tthis Act; which oath shall be filed in the office Oif the Commissioner of Agriculture. His Salary shall not exceed the sum of three thousand dollars per annum, which shall be full compensation for all duties which may be required of 'him under this Act, including the rent of laboratory and of apparatus, and oost of chemicals.
In puTSuance af this law, Dr. G. F. Payne was duly Sippointed State Chemist on November lOth, 1890, and immediately ~ent into the discharge of his duties.
On December 20th, 1890, a special appropriation of $498 was made to defray the cost of putting in plumbing,

TUESDAY, DECEMBER 13, 1898.

457

flooring, shelving and furniture in rthe office of the State Chemist in the State Capitol. (See Acts 1890-91, page !132.)
On September 16th, 1891, an Act was approved appropriating $3,471.76 for the purpose of reimbursing Dr. Geo.
:F. Bayne, State Chemist, for moneys expended by him in
supplying materials, apparatus, and employing assistants. The expenditure of above money represents a portion of the property in controversy according to evidence adduced hefore the oommi<ttee. Since which appropriation, there has been made, in addition to his salary, and that of his two -as.Sistant chemists, an approprialtion of $1,000 per annum1 ior replenishing chemicals and apparatus, amounting to $6,000.! all of which has been d:m.wn from the Treasury by Dr. Payne, with the exception 9f $43.55, which was left unexpended in the Treasury on October 26th, 1898, the (late of his retireanent from office, and 1Jhese chemicals and apparatus, under the terms of the law creating the office of State Chemist, he was required to furnish to the State at his own cost.
From this it appears that Dr. Payne, during his administration, has had appropriated to him by the legislature, and }Jas dra.wn and expended from the State Treasury, for furnishing chemicals and apparatus, the sum of $7,716.21; 2nd fr<Ym the evidence of competent witnesses, the annual amount necessary to expend for chemicals during his administration should not exceed $500 per annum, which would leave for purchase of permanent apparatus $3,716.21.
From an inventory of all the chemicals, appa:m.tus and

458

JouRNAL OF THE SENATE.

furniture taken by the present Commissioner of Agriculture when he took charge of the laboratory, we find the same valued at $2,127.55, which would leave chemicals and apparatus unaooounted for, amounting to $1,588.66.
Your committee has ibeen unable to secure invoices covering all the apparatus and chemicals purchased by Dr. l~ayne for the labomtory during his administration, many ill these invoices being missing from the books and papers turned over by Dr. Payne to the Commissioner of Agriculture, which makes the records incomplete; but from the few vouchers now aocessible to us we find invoices for apparatnls as 'having been paid for by State appropriation and included in Dr. Payne's reports to the Governor, amounting to $634.73, which apparatus, oocording to S'WOrn testimony, is nOit now, nor has it ever been in the State's Laboratory. We present a list of these items in Exhibit "A," as follows:

EXHIBIT "A".
October 11, 1892, Box mineral specimens, freight and drayage ........................ $ 33 97
September 15~ 1893, Microscopic instrumelllts .. . 80 28 September 23, 1893, Microecopic instruments .. . 96 20 October 25, 1893, Microscopic instruments .... . 14 50 November 13, 189:?.,. Microscopic instruments .. . 1 36 December 5, 1893, Microscopic instruments ... . 3 96 April 24, 1895, Fountain pen .............. . 2 75 May 11, 1895, to February 24, 1897, Chemical
books .. : . . . . . . . . . . . . . . . . . . . . . . . . . 109 50 October 1, 1896, Rent of typewriter .......... 40 00

TUESDAY, DECEMBER 13, 1898.

459>

:February 1, 1897, Rent of typewriter......... March 1, 1897, Rent of typewriter. . . . . . . . . . . . November 17, 1897, Platinum............... January 12, 1898, Platinum. . . . . . . . . . . . . . . . . January 12, 1898, Platinum................. J anuar_y 25, 1898, Platinum. . . . . . . . . . . . . . . . . February 17, 1898, Atlra.nta city directory. . . . . . April 21, 1898, Platinum. . . . . . . . . . . . . . . . . . April 21, 1898, Platinum. . . . . . . . . . . . . . . . . . May 13, 1898, Platinum. . . . . . . . . . . . . . . . . . . . September 29, 1898, Fielder & Mower, repairs to
typewriter . . . . . . . . . . . . . . . . . . . . . . . .

5 00> 5 00. 18 01 69 64 48 00 3 04 5 0050 24 25 286 00
7 00.

$624 73-
It was established befure us by sworn testimony that about five one-horse dray I'Oads of chemi~als and apparatuswere removed from the basean.ent of the Capitol by Dr. Payne just previous to the taking of the invento>ry as abovereferred to. T.hese goods were removed at night after theofficials of the Agriooltural and Chemical Departments had gone home, 1and without the use of lighta in the storageroom. A portion ofthare goods were delivered at the residence of Dr. Payne in Atlanta, and the bdance was carried to the Atlanta Medical College.
vVe approve the course taken by the Commissioner of Agriculture in retaining posseesion of all the chemicals, apparatus, etc., found in the laboratory, believing as we do,. from the above :facts and the law in the case, thrat the Statehas a good title Ito the property. It is a source of great regret to this committee, that we were unable to secure the-

,

460

JOURNAL OF THE SENATE.

presence and cooperation of Dr. Payne in the investigation

of this matter. He was assured by tl:he committee that they

desired and intended to make a full and impartial investiga-

tion, and in order to do this, he was earnestly requested by members 'Of the committee to attend their meetings and

give them the benefit of such inf'Ormation as he possessed

B.nd to present fully his side of the contentio11. Your com-

mittee offered to subpama all witnesses that Dr. Payne de-

sired, and invited his attorney to be present to assist him in presenting and conducting his side oi the contention. Dr.

Payne declined to come before the committee or to have

1myt-hing to do with the investigation. Hence, the commit-

tee were powerless to get such facts and information as Dr.

Payne alone poesessed, and were compelled to proceed with the investigation without his ~elp or oo-operation. We re-

gret exceedingly thatJ for reasons that mrust have been sat-

isfactory to himself, Dr. Payne saw fit to withhold from us

,gooh facts and information as would have been helpful, and

which we believed were in his possession.

In view of the fact that -he has !applied to the courts for

the adjudication of this matter, we recommend that the

Attorney-General ibe supplied with a copy of this report

snd the evidence for w;e by him in behalf of the State.

Respectfully submitted.

J. L. HAND, J. H. McGEHEE,
For the Senate.

0. H. JORDAN, Chairman, R. W. EVERETT, WM. HA.RRISON,
On part of the House.

TUESDAY, DECEMBER 13, 1898.

461

Yr. West, Chairman af the Committee on Oorporations,. submitted the following report:
MT. President:

~he Committee on Corporations have had under consideration the following Senate bill, which they instruct me to report back with the reoonn:n.endation rthat same do pass as amended, to wit:

A bill requiring life insurance companies doing busin'SS on the assessment plan Ito print same on face of their poliroes.
The committee have also had' under consideration the following House biNs, which they instruct me to report back with the reoommendatiO'D. that same do pass, to wit:

.A bill to amend the charter of the dtty of Augusta.

Also, a bill to amend the charter of the town of Lyerly iu Chattooga county.

Also, a bill to provide a new clra:rter for the town of Bremen in Haralson county.

Respectfully submitted.

W. S. WEST, Chairman.

Mr. McGehee, Chairman of the Committee on Temperance, submitted the following report:

MT. President: The Committee on Tem~rmee ha-ve had under consid-

-462

JouRNAL oF THE SENATE.

o('l"ation the follcrnring House bill, which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit:

A bill to regulate and control the sale of spirituous 1iquors through the medium of dispensaries located in the several towns of the county of Mitchell, ~Rnd for other purt)oses.

Respoot.fully submitted. J. H. McGEHEE, Chairman.

Mr. Blalock, Chairman 9f the Committee on Appropri-ations, submitted the following report:

Mr. President:

The Committ-ee on A.ppropriations have had under consideration the following House bill, whioh they instruct me to report back to the Senate with the recommendation that the same do not pass, to wit:

A bil~ to amend sootion 2185 of the Code of Georgia~ and for other putposes.
Respect,fully submitted. S.T.BLALOCK,ChrurmruL

Mr. President:
We, the undersigned members of the Appropriation (Ooomnittee, regret that we cannot agree with the majority

TuESDAY, DECEMBER 13, 1898.

463

of said committee, and therefure beg to submit a minority report on House bill No. 47.
We think twenty-five hundred Bars is IliOt in keeping with salaries paid other State officials, and not in acoordanee with the depm:JSed conditions of the business and Agricultural interests of the State, and for these and other reasons, we think that iwo thousand dollars, as provided fur in said bill, is amply sufficient :for the services rendered, and hence said ibill ought to pass.
WM. E. :MANN, W. J. WEBB, R. J. MOYE.

Mr. G. C. Daniel, Chairman pro tem. of the Sanitarium ()ommittee, submitted the following report:

""lfr. President:
The Committee on Sanitarium have had under consideration the following Senate resolution, which they instruct me to report back to the Senate with the reeommendwtion that the same do pass, to wit:
A resolution oo more thoroughly investigate the State
Sanitarium, and for other purposes.

Ret.'})OO'tfully sUJbmitted. G. C. DANIEL, Chairman pro tern.

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

464

JouRNAL OF THE SENATE.

Mr. President:
The Committee on Engrossing report as duly engrossed and ready to deliver to the House th~ following bills:

A bill to amend section 5401 of the Code.

Also, a bill to regulate the saJe and manufacture of fermented intoxicanrts.

Also, a bill appointing a comnuss1on looking to theerection of a new passenger depot in Atlanta.
Also, a bill providing who shall redoom property sold at ta.'C sales.

Also, a bill to incorporate the town of Newton in Baker county.

Also, a bill to create the city of Blakely.

Also, a bill to condemn private property for pU!blic uses.
A1so, the following resolutions:
A resolution providing fm the correction of certain maps of the W. & A. R. R.
Also, a resolution directing the superintendent of the asylum to return William Schwarz to Chatham county.

Also, a resolution concerning the boundary lines between Georgia and Tennessee 'il'd North Carolina.
Respectfully submitted. COLUMBUS HEARD, Chairman.

Tu~DAY, DECEMBER 13, 1898.

465

The following Senate bills were read the third time to be put upon their passage:
By }fr. Brannen.A. bill to require all corporations doing a life insurance
lousinfflS in this State on the asSfflSment plan, to have print-ed on their policies these words: "This policy is issued on the assessment plan."
Upon the passage of the hill, the ayes were 30, nays 0.

The bill having received the requisite constitutional majority was passed as amended.

The following Senate bill was read the second time:
By }fr. Redding-A bill to amend paragraph 2 of section 1 of article 2 of the Constitution.

The following House bills were read the fimt time:
By Mr. :McCrani~ A bill to establish a system of public schools for the city
-of Tifton in the county of Berrien. Referred to the Committee on Corporations.

Also,
By Mr. Bell-
A bill to amend the ...\.ct creating a Board of Commis:Sioners of Roads and Revence for the county of Spalding.
Referred to the Committee on Corporations.
30 j

466

JOUR~AL OF' THE SENA'l'F.

AlS<>,

By Mr. Johnson-

A bill to establish a new oharter for the tOIWil of Leesburg in the county of Lee.

Referred rto the Special Judiciary Committee.

Also, By Mr. Calvin-
A bill to limit and regulate the payment of insolvent'. coot:B of the sheriff of Richm">nd county.

Referred to the Special Judiciary Committee.

Also, By Mr. Wooten-
A bill to authorize the judges of the superior courts tofill vacancies in the offioo of Commissioners of Roads and Revenue in certain instances.
Referred to the Special J udiciary Committee.

Also,
By Mr. CalvinA bill to regulate and limit the pay of insolvent costs to.
theclerk of the city court of Richmond county.

Referred to the Special Judiciary Committee.

TUESDAY, .DECEMBER 13, 1898,

467.

AlsoJ
By Mr. Pace--
A hill to authorize the Commissioners O!f Roads and Rev-
enue of N awton county w establish a dispensary~

Referred to the Temperance Committee.

Also,
By Mr. Pace--
A bill to prohibit the manufacture of any spirituous or malt liquors e~cept domestic wine<J in the county of Newton.

Referred to the Special Judiciary Committee.

Also, By Mr. Hardwick-
A bill to provide for a new charter for the town of Tennille in the county of Washington.
Referred to the Special Judiciary Committee.

Also, By Mr. Tatum-
A bill to create a Board of Commissioners of Roads and Hevenue fur the county of Dade.

Referred to the Special J udicia.ry Committee.

468

JOURNAL OF THE SENATE.

Also,
By :Messrs. Henderson and Hardwick-
A biH to aJJilend the Act creating a Board of Commissioners of Roads and Rewnue for the county of Washingt.on.

Referred to the Special Judiciary Committee.

Also, l3y }fr. Ogletree--
A bill to prohibit the manufacture of spiri<tuous liquors in the county of Butts.

RefetTed to the Temperance Committee.

Also, :By :Mr. Ogletree--
A bill to creffie a Boord of Commissioners of Roads and Hevenue for the county of Butts.
Referred to the Special Judiciary Committee.

Also, By J\fr. Calvin-
A bill to establish a State Board of Embalming, and for other purposes.
Referred to the Hygiene and Sanitation Commit.tee.

TuESDAY, DECEMBER 13, 1898.

469

Also, By Mr. Hamby. A bill to give the County Boards .of Education of the several counties of this State power to regulate the school terms.
Referred to the Committee on Education.

Also, By Mr. Freeman-
A biU to amend section 98 of the Code of 1895, volume 1, which fixes the terms of county officers.

Referred to the Finance Committee.
A: I so,
By.Mr. McLaughlinA biH to amend the Act approved December 18th, 1897,
relative to the admission to the bar.

Referred to the General Judiciary Committee.

The following House bill was read t.he third time to be put upon its passage:
By Mr. Johnson-
A bill to amend an Act entitled an Act to provide three grades of fertilizers in this Sfute.

Upon the passage of the hill the ayes were 28, nays 1.

470

JOURNAL OF THE SENATE.

The bill having received the requisite constitutional majority was passed, as amended.

Amend by adding at the end of said section 1 the following: "Provided, that this Act shall nat be construed as applying to cottonseed meal, German kainit, muriated sui.: phate of pot.ash, and that said Act shall not go into effect uilltil the first day vf August, 1899." '
Also,
By Mr. Calvin-
A bill to fix the boundary line between the State of Georgia and the State of South Carolina, and for ather purpoees.

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

The bill having received the requisite constitutional majority was passed as amended.

Amend the caption hy striking out the word "fix" in line one, and substituting in lieu thereof the word "make" and . by striking out the woo-d "as" in line 5.

The following Senate bills were read the second time:

By Mr. Dickerson-
A bill to a:n;tend paragraph 7 of section 107 of the Code !lf J8.95.:

TU,ESDAY, DECEMBER 13, 1~98.

-471

Also, the following resolution
'By Mr. Underwood-
A resolution to make a thorough investigation of the Georgia Sanitarium, and for other purposes;

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

Mr. President: The House h'as adopted the following joint resolution of
. the House, in which the concurrence of th:e Senate is asked, -to wit:
A resolution for the refun~ng.Q{_certain moneys paid to -the tax-collec;tor of Greeme Munty iby .Ohas. J. Doogherty.
The House has passed by the requisite constitutional ma-
jority the following Bills of the ~ouse, to wit:'
A bill for the protection of labels, trade-marks, 6tc.
Passed. Ayes 88, nays 1.

Also, a bill to create a Board of Commissioners of Roads :and ReYenue :for Douglas county.
. Passed. Ayes 100, nays 0.

Also, a bill to amend sections 5315 and 5316 of the Code .of 1895.

Passed. Ayes 97, nays 0;

472

JOURNAL OF THE SENATE.

Also, a bill to provide for the maintenance and support of the Prison Commission of the State of Georgia, for theyear 1899.

Passed. Ayes 97, nays 1.

Also, a bill to amend an Act entitled an Act to incorporate the bunk of the lTnive~ity of Athens.
Passed. Ayes 113, nays 0.

Also, a bill to alter and amend an Ac:t to establish tbecity court of Gwinnett, and for other purposes.
Passed. Ayes 111, nays 0.

Also, a bill to amend section 5315 of the Code of Geor gia of 1895, and for other purposes.
Passed. Ayes 96, nays 0.

.&lso, a bill to take out and exclude from the village of" Summerville in the county of Richmond the lands of Mrs.. .M. R Wright, and for other purposes.
Passed. Ayes 100, nays 0.

Also, a bill to prohibit the sale of wine within two miles. o the courthouse in the town of Alpharetta, and for other purposes.

Passed. Ayes 102, nays ().

TuESDAY, DECEMBER 13, 1898.

'4'73

Also, a bill to pay off and retire bonds of the StaJte of Georgia by levy and collection of tax, and for other purposes.
Passed. Ayes 89, nays 0.

Also, a bill to amend the Act incorporating the town of .Taekson.

Passed. Ayes 91, nays 0.

The House has also adopted the following joint resolutions of the House in which the concurrence of the &nate is asked, to wit:

A resolution to authorize the Governor to borrow money to supply casual deficiencies, and for other purposes.
Passed. . Ayes 95, nays 0.

Also, a resolution to provide for the payment of two extra assistant doorkeepers for the House of Representatives for the session of 1898.
P'88Sed. Ayes 90, nays 4.
The following House bill was read the sooond time with adverse report from the committee:
By Mr. Lane--
A bill to amend section 2185 of the Code of Georgia. relative to the salwies of the Railroad Coonmissioners of Georgia.

474

JouRNAL OI<' THE SENATE.

Mr. Hand moved to agree to the report of the committee.

:Mr. Blalook called for ,1Jhe previous question.

Upon the agreeing to the report of the committee, Mr. "rood called for the ayes and nays, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Blalock, Brannen, "Bunn, Clifton, Dickerson, Fouche, Grovenstein,

Hand, Hodge, Humphreys, Johnson, Lang, McLester, Nesbitt,

Odom, Sutton, Terrell, Thrasht>r, West, Wight, Wingfield.

Those voting in the negative were Messrs.-

Daniel, Davis, Dowling, Gross, Heard, King,

Little, Mann, Moye, McGehee, PaBBmore, Rawlings,

Redding, Underwood, Webb,. Wilcox, Wood.

Those not voting were :Messrs.-

Greene, Morrison,

Perkins,. Steed,

Thompson, Mr. Presidf'ot.

Ayff?., 21; Nays, 17.

The

report .

a

the

C?mmittee

was .

a

gr

eed .

to

and

bill

lost.

1fhe following message was received from the Houser through Mr. Boifeuillet, the Clerk thereof:

TUESDAY, DECEMBER 13, 1898.

475

.Mr. President:
The House has passed by the requisite constitutional ma.jority the following bill of the House, to Wit:
A bill to be entitled an Act to fix. the terms of office o_f county solicitors of Pulaski county,
Passed. Ayes 92, nays 0.

Also, a bill to amend an Act regulating the payment of fees to attorneys and receivers.
Passed. Ayes 88, nays 1.

The House has also 'll:dopted the following joint resolution of the House, in whieh the -<>.oucurrence of the Senate iH asked, to ~t:.
A resolution to direct the superintendent of the lunatic asylum to deliver Ann Long to the authorities of Bry~~:n county.
Passed. Ayes 106, nays 0.
Upon ~otion of Mr. Blalock the session was ext(}nded lintil the .business on the clerk~s desk was disposed of.
The following Senate bill was reaa th~ third time with . adverse report from the committee, _and the report had been . disagreed to. .

By Mr. Humphreys-
.. ,:
'A bill to amend sootion 2195 of volume 2 of the Code relative to the construction of depots in this State. . ..

476

JOURNAL OF THE SENATE.

Upon the passage of the bill Mr. Humphreys oolled for the ayes and nays, which call was sustained, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Brannen, Fouche, Gross, . Grovenstein,
Hand, Heard, Humphrey!,

LanJl, Moye, McGehee, Passmorl',
Reddin~r,
Sutton,

Thrasher, Underwood. Webb, Wilo::ox
Wingfield, Wood.

. Those voting in the negative were Messrs.-

Blalock, Bunn, Clifton, Damel,
Davi~~o
Dowling,

Hooge, King, McLl'ster, N'811bitt. Odom,

Rawlings, Steed, Tl'rreU, West, Wight.

Those not voting were Messrs.-

. Dickerson, GrfleDe, Johns6ID,

Little, Mann, Morrisoo,

Perkins, Thompsoo, Mr. President.

.Ayffi, 19; Nays, 16.

The bill not having received the requisite constitutional
majority was lost.

Mr. HumphTeys gave notice that he woilld move to refflnsider the arJti.ol!l of the Senate in defeating Senate bill No.7.

TUESDAY, DECEMBER l:l, 1898.

477

The following Senate bill was read the first time:

By Mr. TerrellA bill to authorize the mayor and city council of the city
of Douglasville 1o esfublish a dispensary in said town.
Referred to the Special J-udiciary CO'III.1IIittoo.
The following Hoose bills were read the first time:

By }.fr. Hu.mhiiiB.A bill to alter and am:end the Act establishing the city
court of Gwinnett in and for the county oo Gwinnett.
Referred to the Committee on Corporations.

Also,
By Mr. OalvinA bill to take out and exclude from the village of Sum-
merville the lands of Mrs. M. B. Wright.
Referred to Committee on Corporations.

Also, By :Mr. Jordan-
A bill to fix the terms of office of county solicitorE o.I. Pulaski county.
Heferred to General Judiciary Committee.

478

JOURNAL OF THE SENATE.

Mr. Little gave notice that at the proper time he would move to reconsider the action of the Senate in defeating House bill No. 47.

Also, By Mr. Ogletre~
A bill to amend the Act incorporating the town of Jackson in the county of Butts.
Referred to the Special Judiciary Committee.

Also,

By Mr. Bass-

A bill to establish the city court of Clarksville in Habersham county.

Referred to the Special Judiciary Committee.

.AJso,

..- .'..~

.
'

By Mr. Ston~

A bill to provide for the maintenance and support of the prison commission of the State of Georgia.

Referred to the CommitJtee on Appropriations.

Also, By :Mr. Hall-
A bill to amend sections 5315 and 5316 of the Code o.f 1895.
Referred to the General Judiciary Committee.

TuESDAY, DECEMBER 13, 1898.

47~

Also,

By Mr. Slaton-

A bill to amend the 5315th section of the Code of 1895.

Referred to the General Judiciary Committee.

.Also,
By Mr. Simpson-
A bill to prohibit the sale of wines wilthin two miles of the courthouse in the t>Own of Alpharetta in the oounty of Milton.

Referred to the Temperance Committee.

Also, By :Mr. Erwin-
A bill to amend the Act incorporating the bank of the university at Athens.

Also, By Mr. Anderson-
A resolution :to direct the superintendent of the lunatie asylum to turn oveor Roxie Ann Long to the authorities .of Bryan county.
~eferred to t.he Gfi'neral Judiciary Committee.

480

JOURNAL OF THE SENATE.

Also, By Mr. Hathcock-
A bill to create a Board of Commissioners of Roads and Uevenue for the county of Douglas.

Referred to the Special Judiciary Committee.

Also, By Mr. McLaughlin-
A bill to regulate the payment of fees to attorneys and receivers, etc., and for other purposes.

Referred to the General Judiciary Committee.

Also, J>y Mr. Griffin-
A resolution to refund to Chas. J. Dougherty of Greene <'Ounty, Ga., the sum of one hundred dollars, paid by him to the tax-eollecior of Greene county.
Heferred to the Finance Committee.

Also, By lfr. :Freeman-
A resolution to authorize the Governor to borrow money
to supply casual deficiencies, and for other purposes.

Referred to the Finance Committee.

TUESDAY, DECEMBER 13, 1898.

481

Hy Mr. ChappellA resolultion to provide for the payment of two extra
;assistant doorkeepers for the House of Representatives. Referred to the Committee on Appropriations.

Also. By Mr. Freeman-
A bill to pay off and retire bonds of the State as they mature, in accordance with the law.
Referred to the Finance Committee.

.A.lso. l.::y Mr. Brandon-
A bill .for the protection of labels, trade-marks, etc.1 tmd for other purposes.
Referred to the Special ,Judiciary Committee.

The :following House bills weTe read the second time:

Ry Mr. Barwick-
A bill to Stablish the city court of Swainesboro in the -county o Emanuel.

Also.
By Mr. Allen-
A bill to amend an Act creating the Board o Commis-
:F.ioners.o lloads and Revenue for the county oo Baldwin.
31 j

482

JOURNAL OF THE SENATE.

Also.

By Mr. ReynoldsA bill to amend the charter of the city of Augusta.

Also. By Mr. Morris--
A bill to amend the charter of the city of Marietta in the county of Cobb.
Also. By :Messrs. Mayson and George-
A bill to abolish the city court of DeKalb. Also. By Mr. BennettA bill to regulate and control the sale of spirituous liquors in the county of Mitchell through the medium of dispensary.

Also. By Mr. Rudicil-
A bill to amend an Act incorporating the town of Lyerly in Chattooga county.
Also. By Mr. Stubbs-
A bill to relieve 0. W. Linder, ex-tax~collootor oi

TuESDAY, DEcEMBER 13, 1898.

483

Laurens county, and B. B. Linder, .et ,al., as securities on slrid Linder's bond.

Also.

By Mr. Wade-
A bill to ehange the manner of selecting the county commissio..;ers of Brooks county.

.A1w. By :Mr. Tracy-
A bill to tlx the time of holding certain courts in the Southwffitern Judicial Circuit.

Also. By Mr. Griffin-

A bill to repeal the Act incorporating the town of Br&men and create a new one for said town.

By Mr. Tatum-
A bill to give Commissioners of Roads and Revenue or county court judges the power to lay out and discontinue roads.
Also. By Mr. Griffin-
A rffiOlution for the :relief of George A. Hall and Joel F. ThQrnton as seoorities on the bond of Gene Williams.

484

JOURNAL OF THE SENATE.

The following House bill was read the second time with adverse report from committe:

By l\fr. Hardin-

A bill to amend the chartr of the town of Washington, Ga.

Report of ,the committee was agreed to and bill was lost.

Upon motion of :Mr. Daniel, t.he Senate adjourned until to-morrow at 10 o'clock a.m.

Senate Chamber, Atlanta, Georgia, Wednesday, December 14th, 1898.

The Senate mert pursuant to adjournment at 10 o'clock a. m. and was called to order by the President.

Prayer was offered by if:he Chaplain.

Upon the call of the roll, the following members an swered to t.heir names:

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, Fouche,

Humphreys, Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee,

Steed, Sutton, Terrell, Thompsor, Thrasher, Underwood, Webb, West, Wight,

.WEDNESDAY, DECEMBER 14, 1898.

486

Greene, Gross, Grovenstein, Hand, Heard, Hodge,

McLester, Nesbitt, Odom, Passmore, Rawlings, Redding,

Wilcox, Wingfield, Wood, Mr. President.

Those absent were :Messrs.-
Perkins.
The Journal of y~rday was read and approved.
The following m~e was received from His Excellency, -the Governor, through :Mr. Hitch, his Secretary, to wit:

Mr. President:
I am directed by his Excellency, the Governor, to de. liver to the Senate a communicaltion in writing.

The following coonmunication was received from his Excellency, the Governor, through his Secretary, :Mr. Hitch, to wit:
Mr. President:
His Excellency, the Governor, has this day approved and signed the following Acts, to wit:

An Act, to repeaJ. an Act creating a board of county commissioners of Fannin county, and for other purposes.
Also, "an Act re-incorporating the city of Cedartown in the county or Polk, and for other purposes."

486

JoURNAL OF THE SENATE.

Mr. Humphreys moved to reconsider the action of the Senate on yesterday in deferuting Senate 'bill No. 7, which niotion was carried.

~fr. Little moved to reconsider the action of the Senate on yesterday in defeating House bill No. 47, which motion was lost.

Upon motion, Senate bill No. 7 was tabled.

Mr. Little, Chairman pro tem. of the Colllillittee on Hygiene and Sanitation, submitted the following report:
l'rlr. P1esident:
The Committee on Hygiene and Sanitation request that House bill No. 217 be read second time and recommitted to the Committee on Hygiene and Sanitation.
Respectfully submitted.
G. C. DANIEL, Chairman protem.

:Mr. Blalook, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President: The Committee on Appropriati:ons request that House
bill No. 353 and House resolution No. 49 be read second time and rooommitted to Committee on Appropriations.
Respootfully submitted.
S. T. BLALOCK, Chairman.

WEDNESDAY, DECEMBER 14, 1898.

487

Mr. Redding, chairman of the Committee on Special .Judiciary, submitted the following reports:
Mr. President:
The committee have had under consideration the following House bills, which they instruct me to report back with the recommendation that same do pass, to wit:

A bill to establish a new charter for the town of Leesburg.

Also a bill ilio limit the insolvent cost of the Sheriff of Richmond county.

Also, a ibill to create a Board of CommissioneTS for Dade county.

Also, a bill to 'amend the charter of Tennille.

Also, a bill to create a Board of Commissioners for Butt:; (:OUnty.

Also, a bill to regulate the pay insolvent cost of the clerk of the c~ty court of Richmond county.
Also, a bill to amend an Act creating a Board of Com missioners of Washington coUil!ty.
Also, a bill to repeal an Act to submit to the qualified l1odies of Troup county the question whether or not spiritllous and intoxicating liquors shall ibe sold in said county, so far as the same relates to the town of West Point, and for other purposes.

488

JouRNAl~ oF THE SEN~TE.

Also, a bill entit.led an Act to amend an Act approved December 18th, 1897, providing for admission to the bar, etc., and for other purposes.

Also, a bill rto authorize the judges of the superior courts to fill vacancies in the office of Commissioners of Roads and Revenues in certain instan~es, and for other purposes.

Also, a bill for the protection of labels, trade-marks, etc.,. and for other purposes.

Also, a bill entitled an Act to prohibit the manufac.tureof any spirituous, malt or irutoxicating liquors exeept domestic wines, in the county of N EMton, and for other :purposes.

The committee have also had under consideration ~he following House bills, which they instruct me to report back with the recOIIll'IIlendation that they do not pass:
A bill to repeal so much and such parts of an Act, approved August 20th, 1872, entitled an Act to provide for the payment of certain insolvent costs in the northern judicial cireuit, and for othoc purposes, as relates to the county of Hancock.
Also, a bill to repeal an Act entitled an Act to amend an Act to provide for the payment of certain insolvent crimina] costs in the northern judicial circuit, so far as t~e same relates to the county of Hancock.
Respootfully submitted.
J. F. REDDING, Chairman.

WEDN~DAY, DECEMBER 14, 1898.

489'

Mr. Fouche, Chairman of the General Judiciary Com-
mittee, submitted the fol,lowing report:

Mr. President:



The General Judiciary Committee has had under consideration the following bins of the House which they instruct me to report back to the Sena;te with the recommendation that the same do pass.

A bill to amend section 5315 of the Code of 1895.

Also, a bill to fix .the terms of office of the county solicitor of Pulaski county.

Also, the following resolution of the House, which it .recommends do pass:
A resolution, authorizing the superintendent of the luna-
tic asylum w turn over to the authorities of Bryan countv
Roxie Ann Long.

The coilllllittee also recommends the following Senate, .bill' do pass, as amended:
A bill to amend the charter of the Capital City Bank.

The committee also recommends the following Housebills he read second time and recommitted to this committee:

A bill to authorize the judges of the superior courts togrant charters to corporations at Chambers.

.JOURNAL OF THE SENATE.
A bill to amend sections 5315 and 5316 of the Code of 1895.
Also, a bill to regul~te the payment of feeB to atJtorneys .and receivers, etc.
Respectfully submitted.
R. T. FOUCHE, Chairman.
Mr. Wight, chairman of the joint committee of the senate and House to examine the treasury, submitted the .following report:
J-Jr. P1esident:
The .Toint Committee of the Senate ancl House, appointed to investigate the condition of the Treasury, and to acquaint their respective bodies with the result of such investigation, beg leave to submit heewith the following statements as comprising the information ascertained by reason of the examination made by Ralph H. Brown, an -expert accountant, engaged under the authority of a Joint Resolution passed by both Houses, under date of November 29th, 1898, and working nuder the direction of the .Joint Committee of Investigation.
It was first determined by your committee to ascertain the condition of the Treasury on the 30th day of November, and to estimate from that starting point the probable showing of resources and liabilities on the first of January, 1899. That examination resulted in the following state-ment of estimated results :

WEl>NESDAY, DECEMBER 14, 1898.

491

RESOURCES.
Cash on hand on 30th November, 1898 ..$ 374,283 75 Estimated tax receipts for December, 1898. 1,121,032 36 Estimated taxes uncollected Jan. 1, 1899 .. 1,495,688 67
TotaL------------------- ___ $2,991,004 78
LIABILITIES.
Liabilities from 1st December, '98, to 1st January, '99 -------- __ ------ ______ $1,811,317 20
Estimated balance on January 1st, 1899__ 1,179,687 58
Total----- ________________________ $2,991,004 78

These aggregate results are given more in detail in the itemized statement given herewith.
There is in the statement et!diug January 1st, 1899, a legal liability for the item of public debt, $505,358.25, but against which there are outstanding obligations amounting to about $283,000, as follows: $100,000 sinking fund, $168,000 interest. and $~5,000 unpaid bonds and coupons; the consequent difference would increase the estimated balance of resources from $1,179,687.58 to $1,402,045.83, so that if it sht>uld be deemed best a re~ppropriation .obtained would make possible, a corresponding deduction in the item of public debt for 1899. By this action this excessive liability, the growth of many years, would be finally settled.
When the January, 1899, estimate was made your committee concluded that it would be well to have a similar detailed estimate of the probable results which would

492

JOURNAL OF THE SENATE.

show on the 1st July, 1899, the 1st of October, 1899, and the 1st January, 1900. Such estimates are given later in the report, and we commend them to your careful consideration.
Accompanying this report will be filed certain memoranda and explanations from Mr. Brown, which will explain the method by which he arrived at his conclusions. He embodies in his report certain recommendations and suggestions which we cannot but approve. They are as follows:

CIVIL ESTABLISHMENr BOOK.
It should have a special column for cancellation stamp.

SPECIAL LOANS.
While doubtless necessary, they tend to impair the continuous audit of the Treasurer by the Comptroller-General.
BONDS AND COUPO:s'S.
After payment and due record, they should be destroyed in the presence of designated witnesses.
STATE DEPOSITORIES.
A uniform blank should be furnished and filled out over signature, and this blank should be made to the Treasurer of the State of Georgia; an improvement in the Treasurer's office would be the keeping of a daily balance book, which invariably is kept in a modern bank.
Of course the results predicted at the expiration of the period given are mere estimates, but they are entitled to

WEDNESDAY, DECEMBER 14, 1898.

493

consideration, because being based on the new appropriation and tax bills and in comparison with several preceding years.
In conclusion we cannot too highly commend the zeal
and efficiency of the expert engaged in this work, a?d hope the results of the invf'stigation will merit and receive your approval.

Committee of Senate.

E. L. wiGHT, Cham'n,

J. L.HAND,

s. T. BLALOCK,

B. E. THRASHER,

wM. LITTLE.

Committee oj House.

CLARENCE KNOWLES, Chm'n,
R. v. EVERETT,
0. N. STARR,
PAUL TURNER,
G. w. M. TATUM,

J. M. WooTEN,
R. w. FREEMAN,
A. EMANUEL,
J. T. NEWTON,
A. w. LANE.

.-~

494

JouRNAL oF THE SENATE.

The Treasury

1898. Nov. 30.

RESOURCES.
Cash in hand, record of ComptrollerGeneral..........................................$
Add balance of special loan............... .

224,283 75 150,000 00--- 374,283 75

Dec. 1st to 31st. Estimated tax receipts : General tax .............. ...... ......... ........... ........ $ Railroad tax....................... . ..................... Poll tax ....................................................... Artist tax .................................................. Liquor tax .............................................. Oil fees ................................................... .. Office fees........ ......... ...... ...... ..... ... .. ..... ..... . Insolvent general tax .................................. Insolvent poll tax......................:................ ~- M. agents ................................................ Insurance fees ......... ....... ......... ...... ..... ...... Insurance agents ...... ..... ...... ...... .... ............ Insurance tax......................... ................... Show tax ............,.................................... Pistol tax.................................................... Peddlers' tax.............................................. Rental W. & A. R. R .................................... Sale Georgia Reports .................................. Fertilizer fees ............................................. Telegraph tax..... ...... ...... ........ ..... ............ .. Telephone tax ............................................... Exprees Company tax .................................. Costs and fi. fas..........:............................. Interest on fi. fas .......................................... Money refunded.............. ....... ..................... Fees B. and L. Associations ........................... Sleeping Car Companies' tax .......................... Interest from banks .................................... Sale of Codes......... ...... ...... ..... .................... Games tax ................................................. Hire convicts..........................................

817,800 22 184,294 80 78,088 93
500 47 00 1,211 03 237 13 965 98 246 55
1 25 88 40 365 ()()
4 54 1125 16 87
656 35,001 ()()
287 88 524 99
1 75 4 13 265
75 112 63
1 20 2 50 473 &l 124 67 52 63 5 62 1.045 84- 1,121,032 36

Jan. 1, 18fi9-Estimated taxes uncollected: General Tax and Professions ........................ $ I,W>,595 37 Railroad tax.......................................... ... ..... 80,299 39 Poll tax.................................... .............. .... 209,793 91-1,495,688 67

$2,991,004 7S.

WEDNESDAY, DECEMBER 14, 1898.

49&

-State of Georgia.

LIABILITIES.

December 1, 1898, to Jannary 1, 1899-Liabilities: School Fund- ............................................ $ Public Debt.............................................. . Temporary Loan . ........ . ........ ...... ..... ...... . Lep;islative Pay Roll .................................. .. Lunatic Asylum........................................... Penitentiary and Prison Funds .................... Civii Establishment-estimate _.. .... . ...... ..... ~femorial Board Fund........... ......... ........ ...... Military fund............... ......... ...... . .............. Widows' pensions, 1898 ........ ........ ......... ...... Printing fund....................... ................Geological fund ...... ... ........ .. . ................. Academy for blind...... ........ ......... ............. Contingent fund ....................................... Insurance public buildings............................ Supreme Court Reports .. ...... ......... ........... Widows' Pensions-Awtry Act- ................... School for colored ........ ..... ...... ...... ..... .... .... Lunatic Asylum Trustees ............................ N. G. Agricultural College ......................... .. Fertilizer Fund............................................. Repairs to .Capitol-...... ........ ..... .................. Penitentiary and ~rison-traveling expense ... Penitentiary Fund-R. R. Commission........... Indigent soldiers' pensions............................. Library Fund .. ..... ...... ..... ......................... . Incidentals General Assembly ...................... School for Deaf.... ......................................

853,316 96 505,358 25 150,000 00
69,758 08 63,833 40 48,667 93 35,008 34 14,347 54 14,009 18 10,440 00
6,282 65 6,909 21 5,000 02 4,941 49 2,948 35 2,518 50 2,200 00 2,000 00 1,848 04 1,500 00 1,395 23
816 80 500 00 252 43 4000
31 80 28 10 25 32-1,803,977 62:

LAPSED-
Widows' Pensions, 1897...............................:$ Penitentiary Committee ............................. Stationery, General Assembly-............... Poblishin.c new Code....................................
Blount's F'brm :Book ...................................
Brown Committee- ............... ........:...... .........

6,540 00 375 50 352 23 69 45 1 25 1 15-

7,339 58-

January 1st, 1899.

$1,811,317 20-

Estimated balance.......... ..... ............ ..... .... ... ...... ......... 1,179,687 58-

2,991,004 78-

496

JOURNAL OF THE SENATE.

The Treasu'T"!J

RESOURCES.

1899 .January I -Estimated balance brought down ........ ........ .........$ 1,179,687 58

January lat to July 1st-Estimated Tax Receipts.

Artists tax ........ ......... ......... .......................$ 1,108 00

Liquor tax ............................................ 109,101 00

Oil fees ................................................. 6,8o-1 00

Office fees ..... ........ ................................

1,812 00

Insolvent general tax .................................... 4,388 00

Insolvent poll tax ..................................... 3,480 00

Sewing-machine a~ents................................

820 00

Insurance fees ...... .. .. ... .... ......... ... ............. 11,377 00

Insurance agents .......................................... 5,600 00

Insurance tax ........ .................................. 31,580 00

Show tax .................................................. 5,597 00

Pistol tax ............................................... 5,051 00

Peddlers tax...............................................

1,000 00

Rental W. & A. R. R.................................... 210,006 00

Sale of Ga. Reports... .... .... ........ ................ 2,000 00

Fertilizer fees ..... . ... ..... .. .... ...... ................ 17,417 00

Telegraph tax .......................................... 1,990 00

Telephone tax ............................~ ............

2,545 00

Express Co. tax ........................................ Interest on fi. fas ......... .. ... ........................... Money refunded......................................... Interest from banks ................................. ..
Sale of Codes...... ......... ... .... ... ..... .. ........... Games tax.............................................. Hire of convicts .......................................... Billiard tax .. .... ..... ...... ........ ..................... Auctioneer tax .......................................... Pawnbrokers tax ......................................... Specialists tax ......................................... ..
Commercial agencies tax .............................. Lilrhtning rod agents ................................... Cold storasre tax .........~............................ Dividend from stocks .................................... Rental Northeastern R. R .........................
Wild land tax- .............................................
Sewing-machine companies tax ....................
Futures tax............................................... Sale of Acts ...............................................
Tax on patE-nts ..............................~ .......... Sale of W. & A. R. R. property...................... Supreme Court costs................................. . Indian Spring reserve rental..........................
Brewing companies tax...............................

1,926 00

43.5 00

420 00

8,482 00

1,800 00

304 00

21,251 00

5,200 00

473 00

900 00

9700

450 00

45 00

1,260 00

1,298 00

4,650 00

2300

1,200 00

1,800 00

104 00

900

279 00

2,047 00

00-* 147 00

900

477,176 00

$1,656,863 58

WEDNESDAY, DECEI\lBER 14, 1898.

497

-State of Georgia.

I.IABILITIES,
1899 . ..Januay 1st to July Jet-Liabilities:
Schoo! fund ..............................................$ School fund .............................................. .Public debt ......... ........ .......... ....... .... ... Lunatic Asylum ..... ...... ......... ..... ............. .. Penitentiary and prison funds .................... Civil establishment ...... ........................... Military fund ............................................. Widows' peneions ...... ............................. Printing fund . ...... .................................... .Blind Academy ........................................ Contingent fund .......................................... Insurance public buildings ........................ Printing t:lupreme Court Repurts ................. Colored university ..................................... Trustees of Lunatic Asylum ...... ..... .... ...... Nmth Georgia AgriculturRI College .............. .North Georgia Agricultural College, insurance Fertilizer rnud ............................................ Printing Fund Railroad Commission........... Maimed soldiers-pensions ........ ....... .. ..... Indigent soldiers-pensions ........................ Library fund ............................................. Acaden1y for Deaf...................................... . Georgia Normal School, Athens ..................... Land scrip fund... .... .. ............................. Institute Technology ................... .. GeorgiaN. and I. College............................. Georgia N. and I. College, extra ....., ........... . Department of Agriculture ........................ Contingent Fund Railroad Commission ....... .. Contingent Fund Supreme Court ................ Public building fund .................................. Binding Journals ................................... .. Trustees University of Georgia ................... Solicitor's fees Supreme Court ...................

1,696 00 424,000 00 239,514 00 145,750 00
3,816 00 103,191 00
1,3:!5 00 121,900 00
7,155 00 9.540 00 5,300 00 8,480 00 3,180 00 4,240 00 1,325 00 3,180 00
318 00 1,696 00
530 ()()
102,025 ()() 126,140 ()()
1,590 00 13,250 ()() 6,625 ()() 3,346 51 10,600 ()() 10,812 ()()
241 96 5,300 ()()
424 ()() 636 ()() 9,275 ()() 291 50 265 ()()
1,855 00-1,378,812 97

..July 1,1899. Estimated balance .......................

278,050 61

$1,65!),863 58

4!18

JouRNAL oF THE SENATE.

RESOURCES.
1899. July 1st-E~timated balance brought down ............ : ..$ 27~11)50 61:

July 1st-to Oct. 1st-Estimated tax receipts:

Artist tax ..............................................$

188 00

Liquor tax ................................................... fl,639 00

Oil fees .................................................... 1,817 00

Office fees ...................................................

653 00

Insolvent general tax...............................

3,180 00

Insolvent poll tax.....................................

497 00

Sewingmachine agents.................................

40 00

Insurance fees ............................................

479 00

Insurance agents............ ............................

180 00

Insurance tax .......................................... 20,596 00

Show tax ................................................. 1,809 00

Pistol tax ....................................................

412 00

Peddlers' tax .............................................

632 00

Rental W. & A. R. R................................. 105,003 00

Sale of Georgia Reports .............................

817 00

Fertilizer fees ......................................... . -!,000 00

Telegraph tax............................................ . Telephone tax......... ....... .......................,

68S 00
1,379 oo.

Costs and fi. fas ...........................................

6 00

Interest on fi. fas ....................................... 8,9~3 C0-

Money refunded............ ..........................

240 00

Fees B. L. A~sociation ................................... Interest from bank ..... ... ..... ......... .... .........
Sale of Codes ................................................ Games tax .............................................. Hire of convicts ....... ...... ..... .................. .. Billiard tax. .............. ...... .. ...... .......... ...... Auctioneers' tax:....................................... .
Pawnbrokers' tax...................................... Specialists' tax ........................................... Lightning-rod agent's tax.......................... Cold-storage tax ....................................... .. Dividend from stocks ............................... Futures' tax............................................... Sale of acts...... ...... ......... .... .. .... . .. ... ............
Loan agents' tax ......................................... Brewing Company tax........... ....................
Tax clock-peddlers ..................................... Oyster Land lease........................................ Net earning N. E. R. R ................................ .. Rent of public building ................................. Oct. !-Estimated balance overdrawn ........;.........

990 00
1 ,7bu o.~
1,275 w
45 00
4,3~8 Q.)
743 00 67 50 90 00
36 00 270 00 ISO 00 511 00
2,700 00 79 00 54 00
368 00
+'> 01)
35 00 15,445 00
26 OO-U85,401 51r lb6,923 04

$f5),375 IS.

WEDNESDAY, DECEMBER 14, 1898.

499

-State of Georgia.

LIABILITIES.
1899 July 1st to Octobllr let-Liabilities:
School fund ...................................................$ School fund................................................. Public debt................................................ Lunatic asylum ........................................... Penitentiary and prison fund .................... Civil establishment .....................................
Military fund ............ - ......................... Widow's pensions ...................................... Printing fund............................................... Academy for blind .................................... Contingent fund ....................................... Insurance fund ........................................ Printing Supreme court Reports............... Colored University ..................................... Truste.es of Lunatic Asylum ........................ . North Georgia Agricultural College .............. North Georgia Agricult'l CollegE!-Insurance.. Fertilizer fund ........................................ Printing fund-R. R. Commission ................ .. Maimed soldiers' pensions.................. ......... lLdigent soldier~:~' pensions........................... . Library fund ............................................ Academy for Deaf.............. . ...................... Georgia Normal School, Athens .................. Land Script fund ......................................... Institute of Technology ............................. Georgia Normal and Industrial College........... Georgia Normal and Industrial College, extra. Department of Agriculture ........ .................. Contingent fund R. R. Commission ............. ContingEnt fund Supreme Court .................... Public building fund .................................. Binding journals ..............:..................... Trustees of University of Georgia ............... Solicitor fees Supreme Court ................

800 00 200,000 00 112,970 00
68,750 00 1,800 00 48,675 00
625 00 57,500 00
3,3i5 00 4,500 00 2,500 00 4,000 00 1,500 00 2,000 00
625 00 1,-500 00
150 00 800 00 250 00 48,12:i 00 li9,500 00 750 00 6,250 00 :3,125 00 1,578 53 5,000 00 5,100 00 114 12 2,1>00 00 200 00 300 00 4,375 00 137 50 125 00 875 00-$ 650,375 15

$650,375 15

500

JOURNAL OF THE SENATE.

Tlw Treasur:J

RESOURCES.

1899.

Oct. 1 to Jan. 1, 1900 -Estimated tax receipts:

General tax.................................................$

Railroad tax...............................................

Poll tax.....................................................

Artists' tax .................................................

Liquor tax ................................................

Oil fees....................................................

Office fees ....................................................

Insolvent general tax ...............................

Insohent poll tax...... ........ .. ......................

Sewing-machine agents ...... ........ ...... ...... ..

Insurance fees..............................................

Insurance agents........................ ...............

Insurance tax.......: .....................................

Show tax

.................................... .

Pistol tax ..................................................

Perldlers' tax ...........................................

Rental W. & A. R. R .......................... :........

Sale of Georgia Reports ............... .

Fertilizer fees.............................................

Telegraph tax......... ....................................

Telephone tax...........................................

Express Company tax .................................

Costs and ji. jas... ........................................

Interest ou ji. jas ......................................

Money refunded ..... ...... ......... ....... ..........

Fee:o B. L. Association .............................. ..

Sleepipg car compani<'to ..............................

Interest from banks ......... .. ...... ..... ... .... .

Sale of Codes ......................................... .

Games tax ..................................................

Hire of convi~s ........................................

Billiard tax........ ........................................

Auctioneerti' tax .....................................

Pawnbrokt>rs' tax .........................................

Specialists' tax ..........................................

Lightning rod agents ................................ .

DividE>nd from stocks ...... ......... ................

\Vild land tax ......... .... ......... ..................

Sale of Act:~.. .. ... .. ... ... .. .. ... .. .... .............

Sale of W. & A. R. R. property ....... ............

Interest from lessees...................................

914,032 00
217,406 00
95,75-l 00
162 00
3,451 00
4,861 00
582 00
8,015 00
473 00
20 00 404 00 670 00 132 00 131 00 052 00 22.') 00 105,003 00 1,008 00 1,666 00 852 00 1,355 00 !109 00 26 00 388 00
390 OJ
10 00 748 00 21)3 00 927 00
4b 00 11,094 00
225 00 22 0<"' 9000 18 00 135 00 786 00 18 00 36 00 248 00 343 OQ--1,373,575 00

January 1, 1900-Estimated taxes uncollected: Gener,l tax at 5.36 mills less collEction.......... Railroad tax ..............................................
Poll tax.. ..... ...... ......... ............................. .

951,33R 00 11,442 00 12(},942 00-1.(\89,722 00

$2,463,297 O:J

WEDNESDAY, DECEMBER 14, 1898.

501

-State of Georgia.

1899.

LIABILITIES.

Oct. let-Estimated balance overdrawn brought down....... .... $ 186,923 04

Oct. let to Jan. let, 1900-Liabilities:

School fund ....... ......... ..... ..... ........... $

70i 00

School fund ..........................................:.. . 176,000 00

Public debt ................................................. 99,396 00

Lunatic Asylum ....................................... . 60,500 00

Penitentiary and prison fund ......................... 1,584 00

Civil establishment .................................... 42,834 00

Military fund........................ .... ...... ..... .....

550 00

Widows' pensions ........................................ 50,600 00

Printin~ fund............................................

2,970 00

Academy for Blind ....................................

3,960 00

Contingent fund......................................... 2,200 00

Insurance fund Public Buildings .................. 3,520 00

Printing Supreme Court Reports .................... 1,320 00

Colored University ...................................

1,760 00

Trustees Lunatic Asylum ..............................

550 00

North Georgia Agricultural College................

1,320 00

North Georgia Agricultural College-Insurance

132 00

Fertilizer fund .............................................

70! 00

Printing fund-Railroad Commission..............

220 00

Maimed soldiers' pensions ........ ................. 42,350 00

Indigent soldiers' pensions ............................. 52,360 00

LiLrary fund ..............................................

660 00

Academy for Deaf..... ..... ...... ....... .............. 5,500 00

Georgia Normal School, Athens .................. 2,750 00

Land scrip fund ...... ......... ........ .................. 1,389 10

Institute of Technology ......... _...................... . 4,400 00

GeorgiaN. & I. Collsge ................................. 4.488 00

GeorgiaN. & I. College, extra .......................

100 42

Department of Agriculture ........................... 2,200 00

Contingent fund, R. R. Commissioners ...........

176 00

Contingent fund, Supreme Court .................

264 00

Public Building fund .................................. 3,850 00

Binding Journals.........................................

121 00

Trustees University of Georgia....................

110 00

Solicitor fees Supreme Court ........................

770 00 - 572,312 52

Jan. let, 1900-Estimated balance......................

1,704,061 44

$2,463,297 00

502

JouRNAL OF THE SENATE.

:Mr. )IcGehee, chairman of the Committee on Temperance, submitted the following report:

Mr. President:

The Committee on Temperance have had under consideration the following House bills, which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit:

A bill to prohibit the manufacture of spirituous liquors \\"i.thin the county of Butts, and for othe: purposes.
A bill to repeal an Act entitled an Act to authorize the Commissioners of Roads and Revenues of Newton county to establish a dispensary, and for other pnrposes.

A bill to prohibit .the sale of wine within two miles of the court house in the town of Alpharetta, in Milton connt,Y, and for other purposes.
lle:;pectfully submitted.
J. H. McGEHEE, Chruirman.
State of Georgia, Executive Office,
Atlanta, Ga. Dec. 14, 1898.
To the Senate and House of Representatives:-! have the honor to transmit herewith a communication from the Honorable John H. ~fartin, representing ~Irs. Una Clement,; and Judge James B. Clements of Irwin county, tendering to the State as a donation two acres of land, the site on

WEDNESDAY, DECEMBER 14, 1898.

503

which president Jefferson Davis and his escort were caphued in 1865.
As will be seen no compensation is asked for the land -and no conditions attached to the donation except that the 1and shall forever be held and owned by the State of Georgia, and not be permitted to pass into the hands of private parties, and that proper legislation .be eiMlcted to protect it 'ilgainst relic hunterS and 'trespassers.
This communication is transmitted to your honorable .bodieB with the recommendation that the donation be ac:epted by the State and its management turned over to the Daughters of the (\mfederacy to be cared for and ornamented by them in such way as they may deem most approJriate, \Vithout cost to the State.
A. D. CANDLER.

Hawkinsville, Ga., November 29th, 1898.
'Governor Allen D. Candler, Atlanta, Ga.
Dear Sir:-I am instructed by :Mrs. Una Clements,
widow of, and Judge James B. Clements, son of Ron. R.
,V. Clements, deceased, late of Irwin county, GeOTgia, to
tender as a donation to the State of Georgia, two acres of land covering the spot where President Jefferson Davis and his escort were camped at the time of his capture.
~Irs. Clements and Judge- Clements in making this offer are carrying out the wish of Mr. R. W. Clements often expressed to them and mysel and which dooth prevented him tloing.
X o conditions are attached to the gift except that the

504

JOURNAL OF THE SENATE.

laud must be forever held and owned by the State of Geor-' gia and not be pennitJtoo to pass into the hands of private parties and that appropriate legislation be enacted to protect it against relic hunters and trespassers of all kinds.
The two acres are a part of lot of land number 51 in. the second land district of Irwin county, Georgia,and are on the public road leading from Abbeville to Irwinville and are to be laid off in such manner that the spot where the tent of President Jefferson Davis was pit~hed shall be the center as near as practicable.
This land, if accepted by the State, should be nicely enclosed and a suitable monument erecte~thereon, and to thisend on behalf of the donors I suggest that either the L'nited Daughters of the Confederacy or the United Sons of Confederate Veterans be authorized and empowered t.o take in charge its improvement and decoration.
Around this spot cluster associart:ions so well depicted by Mr. Davis in a letter written to me on January 2, 1887, in speaking of the place, t.hat I feel constrained to quote the following portion as a suitable inscription to be placed on a monument should one he erected: "Though connected' with a sad misadventure which has been the theme of many scandalous falsehoods, I cannot remembet as other than a. crowning misfortune without shame."
Kindly submit this m3Jtter to the General Assembly oi Georgia with such suggestions a:> you deem best in the premises.
Yours truly,

JOHN H. MARTIX_

WEDNESDAY, DECEMBER 14, 1898.

50&

The following message was received from the Housethrough 1-fr. Boifeuillet, the Clerk thereof:

lift". President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit:

A bill to establish a city oourt in the city of Clarkesvillein Habersham county, and for other purposes.
Passed. Ayes 101, nays 0.

Also, a bill to make an appropriation to the trustees of the University of Georgia .for the use of the Textile Department of the Technological school.
Passed. Ayes 106, nays 39.

Also, a bill to regulate and control the expenditure of county funds so far as same relates to purchase of goods for county purposes, and for other purposes.
Passed. Ayes 95, nays 1.
Also, a bill to amend section 1642 of volume 1 of theCode of Georgia.
Passed. Ayes 92, nays 2.

Also, a .bill to prescribe a uniform system of tax receipt&,. and for other purposes.
Passed. Ayes 113, nays 0.

..506

JOURNAl. OF THE SENATE

Also, a bill to amend the charter of the city of :Monroe.

Passed. Ayes 105, nays 0. Also, a bill to incorporate the towo of Camak.

Passed. Ayes 93, nays 0.

Also, a bill to repeal an Act to amend an Act establishing :r1 charter for the city of Griffin, and for other purposes.
Passed. Ayes 92, nays 0.

Also, a bill to permit (the State as owner of) the North-eastern railroad to be sued in certain cases.
Passed. Ayes 106, nays 0. .

Also, a bill to amend section 431 of Code of 1895.

Passed. Ayes 112, nays 0.

Also, a bill rto amend an Act requiring all claimants for lands sold under wild lands tax fi. as. within thirty-six montl1s, and for other purposes.
Passed. Ayes 88, nays 0.

Also, a bill to amend section 815 of volume 3 of Code -Df 1895.
Passed. Ayes 95, nays 0.

Also, a bill to establish a system for working the streets .()f city of :Milledgeville.
Passed. Ayes 94, nays 0.

WEDNESDAY, DECEMBER H, 1898.

507

Alsq, a bill to repeal an Act to amend an Act establishing a charter for city of Griffin so as to provide that a Board of Police Commissioners shall be created, and for other purposes.

Passed. Ayes 93, nays 0.

.Also, a bill t.o amend tlw Act estJablishing the city court ()f Hall county.
Passed. Ayes 92, ~ays 3. Also, a bill to amend section 54G2 of the Code of 1895. Passed. Ayes 93, nays 1. The follo-wing House bills were read the first time: By )lr. SlatonA bill to amend seotion 431 of the Code of Georgia of 1895.

Referred to t.he General Judiciary Committee.

Also,
By )fr. Slaton-
A hill to prescribe a uniform tax receipt for tax-col-
lectors of this State.
Referred to the Finance Committee.

508

JOURNAL OF THE SENATE.

Also,



By 1fr. Johnson-

A bill to amend section 815 of volume 3 of the Code of 1895.

Referred to the General Judiciary Committee.

.AJso, By :Mr. Johnson-
A bill to require. all claimants of land sold under transfer wild land tax fi. fas. prior to the 1st day of January, 1880.
Referred to the General Judiciary Committee.

Also, By 1\fr. Whitney-
A bill to amend section 1642 of volume 1 of the Code. Referred to the Fin'ance Committee.

House bill No. 37 was recommitted to the Special Judiciary Committee.
Also, By Mr. Stone-
A bill to amend the charter of the city of :Monroe in the rounty of Walton.
Referred to the Committee on Corporations.

WEDNESDAY, DECEliHER 14, 1898.

509

Also,

l{y Mr. Bell-

A bill to amend the Aet incorporating the city of Griffin in Spalding county.

Referred to the Committee on Corporations.

Also, By .Messrs. Smith and Sloan-
A bill to amend the Act establishing the city court of Hall county.
Heferred to the Committee on Corporations.-

Aho, By "Jir. Allen-
A hill to establish a system of working the streets of the eity of 1filledgeville.
Referred to the Special ,Judiciary Committee.

Al:'o, B.v ::\Ir. Holder-
~\ bill to permit the State as owner of the Northeastern railrr!tHl to be sued in certain cases.
HPierred to the General Judiciary Committee.

510

JOURNAL OF THE SENATE.

Also, By .1\Ir. Willingham-
A bill to regulate and control the expenditure of county funds so far as the same relates to the county of Monroe.
Heferred to the Special ,Judiciary Committee.
Aho, By Mr. Jarnegan-
A bill to incorporate the town of Camak in the county of \Varren.
Referred to the Committee on Corporations.

Al5o, By 11 r. Bell-
A bill to amend the Act establishing a charter for the cit~ of Griflin, adopted February 15th, 1876.
Heferred to the Committee on Corporations.

Also,
By )fr. Knowles-
A hill to make an appropriation to the trustees of the
r nin'r,:.ity of Georgia for the Tex,tile Department of the
Teduwlogical school.
Heferred to the Finance C'Ommittee.

WEDNESDAY, DECEMBER 14, 1898.

511

Also, By Mr. :Moore-
A bill to amend section 5462 of the Code of 1895. Referred to the Genernl Judiciary Committee.

The following House bills were read the second time and recommitted to the General Judiciary Committee:

By l\fr. Post-
A bill to authorize the ,Judges of the Superior Court togrant charters to corporations at Chambers.

Al:::o, By :Mr. Hall-
A bill to amend sections 5315 and 5316 of the Code of J895.

The following Senate bill was read the third time to be, put upon its passage:

By l\fr. Dickerson-
A bill to amend paragraph 7 of section 107 of the Code, of 1895.
epon the passage of the bill, the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.

-512

JouRNAL oF THE SENATE.

And ordered immediately transmitted to the House. Also, the following Senate resolution:

By 11fr. Underwood-
A resolution to more thoroughly investigate the State Sanitarium, and for other purposes.

Upon the passage of the resolution the ayes were 25, nays 0.

The resolution having received the requisite constitutional majority was passed as amended by striking out the word "before" in the thirteenth line after the word "institution" and before the word "tbe" down to and Ineluding the word "them" in the 15th line and insert the \Yords "and at as early a day as possible, and report its find~ ings to the Governor and to the next General Assembly," and was ordered 'immediately transmitted to the Hou~e.
The following bills were read the second time and rec0mmitted to the Special Judiciary Committee:
By :Mr. Terrell-
A bill to anthorize and empower the mayor and council ~f Douglas to establish a dispensary in said town.

Also, By ~Ir. Ogletree-
A bill to amend the Act. incorporating t.lw town of Jackson in the county of Butts.

WEDNESDA1', DECEMBER 14, 1898.

513

Also,

"By Mr. Bass-

A bill to establish the cit,y court of Clarksville in Ha}ICr:Sham county.

Also, Hy :Mr. Walker-
A bill to repeal the Act -creating the Board of Commis;Sioners of Roads and Revenues in the county of Union.

The following bill was read the second time and recom-mitted to the Committee on Hygiene and Sanitation:

By Mr. CalvinA bill to establish a Bord of Embalming in this State.
The followi~g Senate ,bills were read the third time to
~be put upon their p!I,SSage:

By )lr. Morrison-
A bill to provide for the more ht!_mane execution of per:son~ convicted of capital offense in Georgia and sentenced , io suffer the penalty of death.
Upon the ~assage of the bill the ayes were 29, nays 1.
The bill having received the requisite constitutional majority was passed.
3; f'j

514

JOURNAT, OF THE SENATE.

Also,

By Mr. Morrison-
A bill to repeal section 397 volume 3 of the Code of Georgia of 1895.
Upon the passage of the bill the ayes were 21, nays 10_

The bill not having received the requisite constitutionaL majority was lost.

Mr.- Morrison gave notice that he would move to rooonsider this bill to-morrow.

:Mr. Wight, Chairman of the Committee on Fin-ance,..
submit.ted the following report:

Mr. President:



The Committee on Finance have had under considera-tion the following Rouse bills which they instruct me toreport back to the Senate with the recommendation that-

the same do pass, to wit:

A bill to pay off and retire bonds of the State as theymature in accordance with article 7, section 14, paragraph~ 1 of the Constitu1:ion of 1877 by levy and collootion of a: tax, and for other purposes.
Also, a bill to amend section 98 of the Code of 1895,._ which fixes the term of o~ce of county officers.

The coonmittee have a\so had under consideration the-

WEDNESI>A;, DECEMBER 14, 1898.

515

following House resolution which they instnwt me to report hack to the Senate with the recommendation that the l*tme do pass, to wit:

A resolution to refund to Chas. J. Dougherty, the sum of
of one hundred dollars, paid by him to the Tax-Collector
Greene county.

The committee have also had under consideration the following House resolution, which they instruct me to rt!.port back with the recommendation that the same do not. pass, to wit:

A bill providing for the payment to Mrs. Anna E. Branch certain moneys in the Treasury, growing out of sale of certain wild lands for taxes, etc.
Hespectfully submitted.
E. L. WIGHT, Chairman-

Tl1e following resolutim1s were read the second time:
By Mr. }'reemanA resolution to authorize the Governor to borrow money
to supply casual deficiencies, and for other purposes.
Also, By Mr. Griffin-
A resolution to refund to Chas. J. Dougherty of Greene county the sum of $100.

.516

JoURXAL OF THE SENATE

By l\fr. FreemanA bill to pay off and retire bonds of the State as they
may become due. Also,
By l\Ir. FreemanA bill to amend section !)8 of the Code cif 1895:
The following House bills were read the third time to be put upon their passage:
By :Messrs. :Mayson and George-A bill :to abolish the city court of DeKalb county, and
for other purposes.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
Also,
By l\Ir. GriffinA resolution for the relief of George A. Hall and Joel
1:. Thornton as sureties on the bond of Gene \Villiams. Upon the passage of the resolution the ayes were '24,
nays 0.

WEDN-ESDAY, DECEMBER 14, 1898.

517

The resolution having receiv::>d the requisite constitutional majority was passed.

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

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

A resolution to appoint a committee to prepare a measure looking to a revision of the tax laws of the State, and for other purposes.

The House has also passed by the requisite c,mstitutional majority the foilowing bills of the House, to wit:

A bill to amend an Act to incorporate Augusta, and for other purposes.
Passed. Ayes 98, nays 0.

Also, a bill to provide for the incorporation of trust companies, and for other purposes.
Passed. Ayes 98, 'nays 6.

Also, a bill to incorporate the town of Pavo in the counties of Thomas and Brooks.

Passed. Ayes 91, nays 0.

i>l8

JouRNAL OF THE SE~ATE.

1Ir. Steed, Chairman of the Conference Committee, on the part of the Senate, submitted the following report:

Mr. President:
The Conference Committee, appointed under previous .1esolution, instruct me to report as follows:

'The Committee of Conference on the part of the Senate ;to confer with the House committee on House bill No. 125, recommend the Senate substitute be ooncurred in -:with the following amendment by inserting before the -repealing clause the following words:

"Be it further enacted, That the criminal court o{ Atlanta be established in the city of Atlanta."

They further agree that th'O' Senate substitute to House [.ill 126 be concurred in.
Respectfully submitted. W. E. STEED, Chairman.

Also, 13y "1\fr. Rudicil-
A bill to amend the Act incorporating the town of ]~yerly in the county of Chattooga.
Upon the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed. .

WED;sESD.!Y, DECE]tfBER 14, 1898.

519

-.Also, ]jy Mr. Barwick-
A bill to establish the city court of Swainesboro in Eman-.uel county.

Upon the passage of the bill the ayes were 32, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,

:By Mr. MorrisA bill to amend the charter of the city of Marietta.

Fpon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.

Also,

By Mr. Griffith-
A bill to rep~l the Act incorporating the town of Bremen and create a new one for said town.

Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was pass~d.

520

JOURNAL OF THE SENATE.,

Aho, By :Mr. Bennett-
A bill to regulate the sl\le of spirituous liquors in the county of Mitchell, through the medium of a dispensary.

Upon the passage of the bill the ayes were 29, nays 0.

1'lie bill having received the requisite constitutional majority was passed.

Also, By Mr, Reynolds-
A bill to amend the charter of the city of Augusta.

Upon the passage of the bill the ayes were 33, nays 0.

The bill having received the requisirt:e constitutional majority was passed.

Also, By 1Ir. Wade-
A bill to change the manner of selecting county conimissioners of Brooks county.
Upon the passage of the bill the ayes were 25, nays 0.

The bill having received the requisite constitutional majority was passed.

WEDNESDAY, DECEl\IBER 14, 1898.

521

Also,

By }fr. Tracy-

A bill to fix the time of holding certain courts in the Southwestern .Judicial Circllit.

Upon the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.

The following message was received from the House,. . through Mr. Boifeuillet, the Clerk t.hereof:
M,-. President:
The House has passed the following bills of the House by the requisite constitutional m~jority, to wit:
A bill to repeal section 4 of an A~t to inco~por:ite tho:: town of Warsaw.
Passed. Ayes 92, nays 0.
Also, a bill to establish a dispensary m the town of Comer, and for other purposes.
Passed. Ayes 89, nays 0.
Alsc,, a bill to authorize the graduart:es of the Normal Department of 'the Georgia Normal and industrial College at Milledgeville to teach in the public schools of the State. without further examination.
Passed. Ayes 98, nays 26.

.:522

Joun.sAL oF THE SEl'ATE

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

A resolution to authorize W. H. Harrison of the county -of Fulton to publish the Acts of this General Assembly, :and for other purposes.

The following House bill was read second time and re-committed to the Committee on Banks:

By Mr. Erwin-
A bill to amend the Act incorporating the Bank of the University at Athens.
The following message was received from the House, through Mr. Boifeuillet, the Clerk thereof:
.Mr. President: The House has concurred in the Senate substitute to thP.
following bill of the House as amended.

A bill to amend the Act establishing the criminal court -of Atlanta.
The House has also concurred in the substitute to House oill No.l26, to wit:
A bill to amend the Act establishing the city court of Atlanta, and for other purposes.

WEDNESDAY, DECEMBER 14, 1898.

523

The House has also passed by the requisite constitutional majority the following bill of the House, to wit:
A bill to amend section 982 of the Code of Georgia of 1895.

Passed. Ayes 100, nays 0.

Also,

By Mr. :.Est.erlin-

A bill to require the Commissioner of Agriculture to establish a department of Horticulture and Pomology in this State.

Upon the passage olthe bill the ayes were 23, nays 3.

The bill having received the requisite constitutional majority was passed.

Also, By Mr. Stubbs-
To relieve 0. W. Linder, ex-Tax-Collector of Laurens cotrnty, and B. B. Linde.r et al., as sureties on said bond of Linder.
Upon the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite constitutional majority was passed.
The following House resolution was read and concurred
1n:



524

JoURNAL OF THE ~ENATE.

By Mr. Ellis of 13ibb-
A re!>olution to appoint a committee to prepare a measure looking to a revision of the tax la\vs of this State.

Committee on part of the Senate are Messrs. wight,. chairman, Fouche and Blaloek.
The following House bills were read the first time:
By :Mr. Allen-
A bill to authorize the graduates of the nonnal department of the Georgia Normal School to teach in the common schools of this State without being examined.
Referred to the Educational Committee.

Also, Hy ~h. Harris-
A bill to incorporate the town of Pavo in the counties of fhomas and Brooks.
Referred to the Committee on Corporations.
Also, By ~Jr. Bond-
A bill to establish, maintain and regulate a dispensary in the town of Comer.
Referred to the Temperance Committee.

w J<:DXESl>AY~ DE<.:EMBI.;R 14,. 1898.

F 25

Also, J~y Mr. l,aRoche-
A bill to repeal section 4 of an Act to incorporate .the town o \Varsaw in the county of Chatham.
Referred to the Committee on Corporations.

Also, By Mr. Chappell-
A bill to provide for incorporation of trust companies .and to define their rights and powers.
Referred to Ithe Committee- on Corporations. .Also, By Mr. ReynoldsA bill to amend tl~e ~~ct incorporating Augusta, to improve the roads. Referred to the Committee on Corporations.

The following House bills were read the second time:

By Mr. Mcl,aughlin-

A bill to provide for the admission to the bar, and for ther purposes.

Also,



By Mr. .McLaughlin-

L\ bill to regulate the payrnen.t of fees to attorneys .and receivers.

526

JOURNAL OF THE SENATE.

Also,

By Mr. Og1etree-

A hili to create a Board of Commissioners of Roads an1l Rcven11e for the county of Hutlt>.

Also,
By .M:r. Ogletree-A bill to prnhibit the manufacture of spirituous liquor:;
in the county of Butts.

Also, By Mr. Park-
A bill to submit to the .qualified voters of Troup county whether or not whisky shall be sold there or not.

Also, By Mr. Jordan--
A bill to fix the term of office of county solicitor for Pulaski county.

Also,
By ~Ir. Simpson-
A bill to prohibit the sale of wine within two miles of the court house in the town of Alpharetta in Milton county.

\VED:s"ESDAY, DEcEliBF.R 14, 1~98.

527

..Al;:;o,

By .Messrs. Henderson and Hardwick-

A bill to amend the Act creating the Board of CommiBsioners of Roads and Revenue for the county of \Vashing-ton.

Al;:;o, By Mr. Hardwick-
A bill to provide a new chartf:'r for the town of Tennille. ]n \Vashington.

Also,
By Mr. Pac~
A bill fu prohibit the sale of any intoxicating liquors ex-
eept domestic wines in the county of Newton.

Also,
By Mr. Pace--
A bill to amend the Aot to authorize the Commissioners. of Roads and Revenue t<> estabiish a dispensary in Newton. county.

Aho, By Mr. Tatum-
A bill to create a Board of Comrui;;sioners of Roads and Revenue f(lr the county of Dade.

..528

JuURNAL OF THE SENA'J;'E

Also,

By ~Ir. Stone-

A bill to provide for the maintenance and support of tlw I 'rison Commission of this State.

.Also,
l:y Mr. Calvin-

A bill to regulate and limit the payment of insohent ..ost,; to the clerk o.fthc city court of Richmond county.

Also,
Hy :Mr. Wooten-
A bill to authorize the judges of the superior court to fill vacancies in Boards of Commissioners of Roads and Hcvenue in certain instances.

Also,
By l\lr. Calvin-
.\. bill to ;regulate ami limit the payment of iusohent -costs to the clerk of the city court of Rie!Huond cnnty.

Also,
By l\fr. BrandonA hill for the protection of labels and trade marks in thi~
State.

WEDNESDAY, DECEMBER 14, 1898.

529

Also, ]Jy Mr. Johnson-
A bill to establish a new charter f~r the town of Leesburg jn the county of Lee.

Also, By )fr. Slat{)n-
A bill to amend section 5315 of the Code of 1895.

Also,
By )'fr. Anderson-
A resolution to diroot the superintendent of the lunatic :asylum to deliver Roxie Ann Long to the authorities of Bryan county.

Also, By :Mr. Chappell-
A resolution to provide for the payment of two extra doorkeepers for the House of Representatives.
A,lso, the following Senate bill was read the second time: J~y Mr. Nesbitt-
A bill to a~end the charter of the Capital City Bank.

Mr. Heard, Chairman of the Committee on Engrossing~ :<ubmitted the following report:
!II sj

530

JOURNAL OF THE SENATE.,, -If

Mr. President:

The Committee on Engrossing report as duly engrO!lled Hnd ready to be transmitted to the House~ the following Senate bills, to wit: .

A bill to provide for the more humane execution a:f persons convicted of a capital offense in Georgia.

Also, a bill to amend paragraph 'l of section 1O'l of the:

Code of 1895.



Also, a resolution to more thoroughly investigate theState Sanitarium.
Respectfully submitted. COLUMBUS HEARD, Chairman.

The following House bills were read the seoond timewith adverse report from the Committee:
By Mr. Smith-
A bill to repeal so mueh of an Act approved August 20,. 1872, as relates to the payment of certain insolvent costs. in the Northern Judicial Circuit.
Report of committee was agreed to and bill lost.

Also, BJ Mr. Smith-
A bill. to amend the Aet to provide for the .payment of <-erta.in insolvent costs in t.he ~orthern J udidal Circuit~

WEDNESDAY, DECEMBER 14, 1898.

531

Report of committee ~greed to and bill lost.

Also, the following resolution:
l{y lfr. Calvin-

A resolution providing for the payment to Mrs. Anna E. Branch certain moneys in the Treasury growing out of
-the sale of wild lands.
Report of the committee was agreed to and resolution lost.
'- ~
The hour of 1 o'clock having arrived, the Senate repaired to the hall of the House of Representatives to receive the
President ilh?.his party.

-Later the Senate returned to its, Chamber, and upon motion of Mt. McGehee, the Senate adjourned until tomorrow at 10 o'clook a. m.

l;32

JOURNAL OF THE SENATE.

Senate Chamber, Atlanta, Georgia, Thursday, December 15th, 1898.

The Senate met, pursuant to adjournment, at 10 o'clock, and was ca1led to order by the president.

Prayer was offered by the Chaplain.

Upon the call of the ro11 the following members answered to their names :

Blalock, Brannen, Bunn, Clifton, Daniel, Davis, Dickerson, Dowling, FoUIht>, Gteene, Gross, Grovenstei n, Hand, Ht>ard, Hodgt>,

HumP.hreys, Johnson, King, l.ang, Littie, :Mann, l\1 orriwn, l\Joye, :McGeht>t>, l\lcLe11ter, Nesbitt, Odom, Passmore, Pt>rkins, Rawlings,

Redding, Steed, Sutton, Tt>nell, 'Jll( mpson, Thrasl.er, Underwood, \rebb, Wer.t, Wight, Wilcox, Wingfield, Wood, Mr. Prt>sident.

The Journal of yesterday was read and approved.

Mr. Brannen moved to reconsider the action of the Senate on yesterday iu defeating House Resolution No. 38, which motion was lost.
Mr. Morrison moved to reconsider the action of the Senate on yesterday in defeating Senate Bill No. 64, which motion was carried.

THURSD.AY, DECEMBER 15, 1898.

533

Mr. Daniel, Chairman pro tern.. of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President :

The Committee on Hygiene and .Sanitation has had under consideration the following House bill, which they instruct me to report back to the Senate, with the recom.mendation that the same do pass, to wit :

A bill to establish a State Board of Embalming, and for other purposes.

Respectfully submitted.

G. C. DANIEL, Chairman pro tern.

Mr. Nesbitt, Chairman of the Committee on Education, submitted the following report:

Mr. President:

The Committee on Education requests that House bill No. 103 be read second time and recommitted.

Respectfully submitted.

R. T. NESBITT, Chairman.

Mr. Fouche, Chairman of the General Judiciary COmaitaee-, StJbmitted the following report:
J!.r. President:
The Genernl' Judiciary Coinm.ittee has had under coo-

534

JOURNAL OF THE SENATE.

sideration the following House bill, which I am instructed to report .back to the Senate, with the recommendation that the same do pass:

A bill to require all claimants of lands sold under trans-
ferred wild latid tax fi. fas. to bring suit for same within 36 months..

Also, a bill to amend sections 5315 and 5316 of the Code of 1895.

Also, a bill to permit the State as owner of the Northeastern Railroad to be sued in certain cases.

The committee also recommends that the author be allowed to withdraw the following Senate bill:

A bill to provide for the election of judges and solicitors
of the various city court!" throughout the State by the elec-
tors of their respective counties. .

The committee also recommends. that the following House bills do not pass :

A bill to amend section 5462 of the Code of 1895.

Also, a bill to amend section 431 of the Code of 1895.

Also, a bill to amend section 815 of volume 3 of the Code of 1895.
Also, a bill to authorize the judges of the superior court to grant charters to corporations at Chamhers in all cases, etc.
Respectfully submitted. R. T. FOUCHE, Chai~ma.n.

THURSDAY; DECEMBER 15, 1898.

535

Mr. Redditfg, chairman of, the Committee oil ,Special
J udi-ci~ry, subrpitted the following report :

Mr. President:

'fh.e 'com.mittee have had under consideration the following Hot;~~. bills, which they instruct me to. rep~rt back
with the recommendation that same do pass, to wit:

A bill to amend the charter of the town of Jackson.

Also, a bill to establish a system of working the public streets in the city of Milledgeville.

Also, a bill to regulate the expenditures of county funds in the several counties in the State.

l~eepectfully submitted.

JOHN F. REDDING, Chairman.

'The following message was received from the House, through Mr. Boifeuillet, the clerk th.ereof.
Jl{r. President:
The House has passed by the requisite constitutional majority the following bills of the House, to wit :
A bill to amend section 1700 of the Code of Georgia of 1895, and for other purposes.
Passed. Ayes 104, nays 0.

536

JOURNAL OF THE SENATE.

Also, a bill to authorize the trustees of the State University to operate summer sessions, and for other purposes..

Passed. Ayes 98, nays 0.
Also, a bill to change the time of holding the fall session of the superior court of Irwin county, and for other: purposes.

Passed. Ayes 89, nays 0.

Also, a bill to amend and consolidate the laws governing the inspectiou,analysis and sale of commercial fertilizers~

Passed. Ayes 89, nays 0.
Also, a bill to amend section 2334 of the Civil Code of 1895, fixing.the venue of suits against railroad companiesin this State.
Pas~~ Ayes 98, nay.s 1. Also, a bill to amend section 3244 of the Code of 1895~

Passed. Ayes 98, nays 0.

Also, a bill to amend section 1916, vol. 2 of the Code of 1895, and for other purposes.

Passed. Ayes 99, nays 0.

Also, a bill to change the time of holding the superiorcourts of- Dougherty, Mitchell, Worth, Baker, Decatur,_ Calhoun and Miller counties, and for other purposes.
Passed. Ayes 100, nays 0.

THURSDAY, DECEMBER 15, 1898.

537

Also, a bill to repeal the existing charter of the town. of Hillman, and for other purposes.

Passed. Ayes 99, nays 0.

Also, a bill to provide for the payment of teachers in. public schools monthly, and for other purposes.

Passed. Ayes 110, nays 6.

The Hoose has also adopte!l the following joint resolutions_ of the House, in which the concurrence of the Senate is asked, to wit :

A resolution tendering the thanks of the people or Georgia to Mr. Byard M. Fowler for services rendered at the Omaha expositjon.

Also, a resolution for the relief of James R. Cravens of Catoosa county.
Passed. Ayes 99, nays 1.

Also, a resolution for the relief of A. M. Hill of Walton county, and for other purposes.

Also, a resolution providing for the payment of any balance due the Hon. W. T. Jones, deceased, on account of. his per diem.
Passed. Ayes 109, nays 1.

Mr. Wight, cha!rman of the Committee on Finance,. submitted the following report :

1)38

JouRNAL o~o THE SENATE.

Mr. President:

The committee on Finance has had under consideration the following House bills, which they instruct me to report back to the Senate, with the recommendation that the sauie do' pass, to wit :

A bill to prescribe a uniform system of tax receipts in this State and to provide for the. enforcement of the sa~e.
A bill to amend section 1642. of volume 2 of the Code,
which relates to exemptions Of Confederate soldiers in
regard to pool tables.

A bill to make an appropriation for the support of the 'Textile Departnient of the Technological School, and for {)ther purposes.

Respectfully submitted. ED. L. WIGHT;'chairman.

Mr. Hand, Chairman of the Committee 011 Banks, sub-nlilted the following report :
Mr. President:
The Committee on Hanks has had under consideration the following House bill, which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit :
A bill to amend an Act to incorporate the Bank of the University at Athens.
Respectfully submitted. J. L. HAND, Chairman.

THU~DAY, DE('EMBER 15, 1898.

539.

Mr. Nesbitt, Chairman of the Committee on Education, submitted_ the following report:

Mr. President:

The committee have had under consideration the follow-



ing Honse bill; which they in~truct me to report back with

the recommendation that !'arne do pass, to wit :

A bill to give the County Boards of Education .of t~is State full power to regulate the public school term.

Respectfully submitted. R. T. NESBITT, Chairman.

Mr. Redding, Chairman of the Special Judiciary Committee, submitted the following report:
Mr. President:
The committee have had under consideration the following House bill, which they instruct me to report back with the recommendation that same do paRS as amended, to wit:

A bill to amend the chartE.'r of 'the city of Brunswick:

Respectfully submitted.
J. :F. REDDING, Chairman.

Mr. McGehee, Chairman of the Committee on Temperance, submitted the following report:

Mr. President: The Committee on 'remperanc(l request me to report

540

JOURNAL OF THE SENATE.

back House bill No. 354, with the recommendation that it be read the second time and recommitted to the Committee on Temperance.



Respectfully submitted.

J. H. McGEHEE, Chairman.

The following House bills and resolution were read the first tirri~:
By Mr. Dews-

A resolution providing for the payment of any balance due the Hon. W. T. Jones, deceased, on account of his per diem.

Referred to the Finance Committee.

By Mr. Bennett-

A bill to change the time of holding the Superior Courts in the counties of Dougherty, Mitchell, Worth, Baker, Decatur, Calhoun an.d Miller.

Referred to the Special Judiciary Committee. Also.. By Mr. Yates-

A resolution for the relief of James R. Cravens, or Catoosa county.
Referred to the Finance Committee.

THURSDAY, DECEMBER 15, 1898.

541

Also.

By Mr. Cook-

A bill to provide for the payment of school-teachers in the public schools of this State monthly.

Referred to the Public Schools Committee.

Also. By Mr. Stone-
A resolution for the relief of A. M. Hill of Walton county.
Referred ~o the General Judiciary Committee.
Also.
By Mr. Calvin-
A resolution tendering the thanks of the people nf Georgia to Mr. Byard M. Fowler in recognition of the services he rendered the State at the Omaha, Neb., Exposition.
Referred to the State of the Republic Committee.

.Also, By r. Duncan-
A bill to amend section 2334 of the Civil Code of 1895. Referred to the General Judiciary Committee.

542

JouRNAL oF THE SENATE.

Also. By Mr. Calvin-
A bill to amend section 1916, vo1. 2, of the Code of 1895.
Referred to the Banks Committee.

Also. By Mr. Simpson-
A bill to amend section 3244 of the Code of 1895.

ReferrE'~ to the Ge~eral Judiciary Committee.
Also, By Mr. Beauchamp-
.A bill to authorize the Trustees of the State University to operate summer sessions for the benefit of teachers.

Referred to the Educational Committee.

Also. By Mr. LaRoche-
A bill to amend section 1700 of the Code of 1895.

Referred to the General Judiciary Committee.

Also,
By Mr. HendersonA bill to changt- the time of holding the fall term of the
Superior Court of Irwin county.

Referred to the Special Judiciary Committee.

'

THURSDAY, DECEMBER 15, 1898.

54~

Also. By Mr. Reid-

A bill to repeal the present charterof the town of Hillman, and create a new one for said town, in the county or - Taliaferro.

Referred fo the Corporations Committee.

By Mr. Stubbs-

.

.

A bill to ameQd section 982 of the Code of 1895.

Referred to the Banks Committee.

A.lso. By Mr. Jordan-

A bill to amend and consolidate the Jaws governing theinspection of fertilizers in this State.

Referred to the Agricultural Committee.

By unanimous consent, the following House bi)]s were tead the third time and puLupon their passage.

~Y Mr. Wooten-

A bill to authorize the Judges of the Superior Court toflU vacancies in the Board of Commissioners of Roads and. Revenues.

Upon the p~SEiage of the bilr the ayes. were 27, nays o_

,.

. -, ,

.544

JOURNAL 01<' THE SE!IiATE

The bill having received the requisite constitutional majority was passed.

Also, .By Mr. Tatum-:-

A bill to give Commissioners of Roads and Revenues .and County J udg~s the power to lay out and discontinue roads.

Upon the passage of the bill the ayes were 27, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended. By striking out the word -eighteen in the 16th line of section I, and insert the word twenty-one.

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

Mr. President:
The House has unanimously adopted the following joint Tesolutions of the House, in which the concul'rerice of the &nate is asked, to wit:

A resolution expressing appreciation of President McKinley's address before the General Assembly of Georgia, December 14, 1898.

Also,

By Mr. Hardin-

'I

A bill to authorize the Mayor and Council of Washington to issue bonds to the amount of $30,000.00.

THURSDAY, DECEMBER 15, 1898.

545

Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority, was passed.

The following Senate bill was read the 3d time, to be put upon its passage :

By Mr. Nesbitt-

A bill to amend the charter of the Capital City Bank.

Upon the passage of the bill, the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was passed, and amended as follows: By adding at the caption, A Bill to be entitled an Act.

Also,

By Mr. FreemanA resolution to authorize the Governor to borrow money
to supply casual deficiencies, and for other purposes.
Upon the passage of the resolution the ayes were 29, nays 0.
The resolution having received the requisite constitutional majority, was passed.
The following House Resolution was read and concurred in:

By Mr.----
A resolution expressing appreciation of President Mc-
36 sj

546

JOURNAL OF THE SENATE.

Kinley's address before the General Assembly of Georgia, on the 14th day of December, 1898.

Also,

By Mr. Greene-

A resolution to refund to Charles J. Dougherty, of Greene county, the sum of $100.00.

This being an appropriation, the ayes and nays were ordered, and the vote was as follows:

Tho!e voting in the affirmative were Messrs.-

Blalock, Brannen, Bunn, Daniel, Dickerson, Dowling, Fouche, Greene, Gross, Grovenstein, Hand, Heard,

Hodge, Humphreys, Johnson, King, Little, Mann, Moye, McGehee, Nesbitt, Odom, Perkins, Rawlings,

Redding, Stefd, Sutton, Terrell, Thompson, Underwoorl, Webb, West, Wight, Wingfield, Wood.

Those not voting were Messrs.-

Clifton, D,wis, Lang,

Morrison, McLester, Passmore,

Thrasher, Wilcox, Mr. President.

Total, ayes 35; nays 0.
The resolution having received the requisite constitutional majority, was passed.

THURSDAY, DECEMBER 15, 1898.

547

The following House resolution was rPad and con~urred in:

By Mr. Chappell-

A resolution to provide for the bringing up of the unfinished business of the session.
Also,

By Mr. Anderson-

A resQlution to direct the superintendent of the Lunatic Asylum to deliver Roxie Ann Long to the authorities in Bryan county.

Upon the pas!'age of the resolution the ayes were 32, uays 0.

The resolution having received the requisite constitutional majority, was passed.

Also,

By Mr. Hall-

A bill to amend sections 5315 and 5316 of the Code of 1895.

- - - --
upon the passage

of

the

bill the ayes were 27, nays

o.

The bill having received the requisite constitutional majority, was passed.

548

JouRNAL OF THE SENATE.

Also,

By Mr. SlatonA bill to amend section 5315 of the Code of 1895. Upon the passage or the bill the ayes were 29, nays <J.

The bill having received the requisite constitutional majority, was passed.

Also, By Mr. Bryan-

A bill to amend section 105 of the Code, relative to thetime and place of electing constables.
Upon the passage of the bill the ayes were 28, nays 0.

The bill having received the requisite constitutional majority, was passed, as amended.
By striking out the figures 1898 and inserting 1900~ and by adding at the end of said caption the following:: Provided, That this Act shall not affect or change the time of the election of constables in the year)899.

Also, By Mr. Brandon-

A bill for the protection of labels and trade-marks m this State.
Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority, was passed.

..

THURSDAY, DECEMBER 15, 1898.

549

Also,

By Mr. Freeman-

A bill to amend section 98 oC the Code of 1895.

Upon the passage of the bill the ayes were 24, nays O.-

The bill having received the requisite constituti.onal majority, was passed.

Also,

By Mr.. Johnson-

A bill to amend the charier of the town of Leesburg, in the county of Lee.
Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also,

lBy Mr. Freeman-

A bill to pay off and retire bonds of the State as they mature and become due.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional ma1ority, ":as passed.

550

JouRNAL OF THE SENATE.

Also,

By Mr. Calvin-

A bill to limit and regulate the payment of the insolvent costs to the sheriff of Richmond county.

Upon the passage of the bill the ayes were 28, nays 0~

The bill having received the requisite constitutional majority, was passed.

Also,

By Mr. Calvin-

A bill to regulate and control the payment of insolvent costs of the clerk of the city court of Richmond county.

Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also, By Mr. Pace-

A bill to repeal the Act authorizing the Commissionersot Roads and Revenues of Newton county to establish a dispensary.

Upon the passage of the bill the ayes were 31, nays o~

The bill having received the requisite constitutional majority, was passed.

THURSDAY, DECEMBER 15, 1898.

551

Also, By Mr. Tatum-

A bill to create a Board of Commissioners of Roads and Revenues for the county of Dade.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also,

By Mr. Pace-

A bill to prohibit the sale of any intoxicating liquors within the county of Newton.

Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the reqqisite constitutional majority, was passed.
By Mr. Hardwick-

A bill to provide a new charter for the town of Tennile, in the county of Washington.

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

The bill having received the requisite constitutional majority, was passed.

Upon motion, the following House bill was taken up with adverse report from the committee. The report was

652

JOURNAL OF THE SENATE.

disagreed to, and the bill was read the 2d time and recommitted to the General Judiciary Committee.

By Mr. Moore-

A bill to amend section 5462 of the Code of 1895.

Upon motion of Mr. Blalock the Appropriation Bill was made a special order for to-morrow immediately after the reading of the Journal.

Also, By Messrs. Henderson & Hardwick-

A bill to amend an Act creating the Board of Commissioners of Roads and .Revenues for the c~mnty of Washington.

Upon the passage or the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also, By Mr. Ogletree-
A bill to amend the Act incorporating the town of Jackson, in the county of Butts.
Upon the passage of the bill the ayes were 30, nays 0. The bill having received the requisite constitutional majority, was passed.

THURSDAY, DECEMBER 15, 1898.

553

The following message was received from the House through Mr. Boifeuillet, the clerk thereof:

Mr. President:

The House has pdssed, by the requisite constitutional

majority, the following bills of the Senate, as amended, to

wit:

.

.A bill to amend an .Act to provide for the condemna-

tion of private property for public purposes.

Passed. Ayes 96, nays 6.

The House has also concurred in the Senate amendment to the following Senate bill :

A bill to amend an .Act approved December 24, 1896, to give Commissioners of Roads and Revenues or County Judges the power to lay out and discontinue public roads, and for other purposes.

The Househas also pasl!ed, by the requisite constitutional majority, the following bills of the Senate, to wit:

; .A bill to amend section 341 of the Code of 1895, and for other purposes.
Passed. Ayes 96, nays 0. Also, a bill to regulate the fees of notaries public, etc., and for other purposes. Passed. Ayes 111, nays 14.

554

JouRNAL OF THE SENATE.

Also, a bill to amend section 2636 of the Code of Georgia,. apd for other purposes.

Passed. Ayes 88, nays 0.

Also, a bill to amend section 11(l7 of volume 3 of the Code of Georgia.
Passed. Ayes 93, nays 4.
a Also, bill to reduce the sheriff's bond in the county of
Dougherty.

Passed. Ayes 107, nays 0.

.Also, a bill appointing commissioners to consent in behalf of the State to the erection of a new union passenger depot in the eity of Atlanta.
Passed. .Ayes 102, nays 0.

The following bills of the Senate having failed to receive a constitutional majority, were lost, to wit:

A bill to amend section 72 of volume 1 of the Code of 1895, and for other purposes..

Also, a bill to allow constables to levy and collect superior, city and county court fi. fas., where the same can be levied on personal property and the principal sum does not exceed one hundred dollars.

The House .has concurred in the following joint resolution of the Senate, to wit :

A resolution to authorize and direct the superintendent

THURSDAY, DECEMBER 15, 1898.

555-

of the Lunatic Asylum to Jeliver William Schwarz to theproper authorities of Chatham county.

The House bas adopted the following joint resolution of
the House, to wit :

A resolution to pay the pension due 0. F. Johnson, of
Oconee county, to his widow, Mrs. Belle Johnson.

Passed. Ayes 115, nays (1.

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

Mr. President:
The Committee on Corpor&tions have had under consid-
eration the following House bills, which they instruct me toreport back with recommendation that same be read second time and recommitted, to wit:
A bill to amend an Act to create a board of commissioners of Spalding _county.

Also, a bill to establish a system of public schools for Tifton, Ga.
Also, a bill to incorporate the town of Pavo.
Also, a bill to amend the charter of the town of Warsaw.

Also, a bill to incorporate trust companies in this State-

Also, a bill to amend an Act to incorporate the city ot Augusta.

~56

JOURNAL OF THE SENATE.

Also, a bill to amend the charter of Griffin.

..Also, a bill to incorporate the town of Camak.

.Also, a biill to amend the charter of Monroe.

Also, a bill to amen'a the act creating the city court of Rail county.

..Also, a bill to amend the charter of the city of Griffin.

Also, a bill to amend an Act establishing the city court of Gwinnett.

Also, a bill to take out of the village of Summerville certain lands of :Mrs. M. B. Wright.

Also, the following Senate bill, to wit :
A bill to establish a system of public schools in Blue Ridge, Fannin county.

Respectfully submitted.

W. S. WEST, Chairman.

:Mr. Blalock, chairman of the Committee, submitted the
following report:
Mr. President:
The Committee have had under consideration the fol~ lowing House bi11, to wit, which they instruct to me report back with the recommendation that the same do pass as amended:

THURSDAY, DECEMBER 15, 1898.

5fi1

A bill entitled an Act to make appropriations for the ordinary expenses of the Executive, LegislatiYe, and Judicial departments of the government, payment of the public. debt and the interest thereon.

The committee also instruct me to report the following: House bill, with the recommendation that same do pass:

A billentitled an Act to provide for the maintenance and, support of the prison commission, and for other purposes..
Respectfully submitted. 8. T: BLALOCK, Chairman.

The House amendment to the following Senate bill was. concurred in, to wit :

By Mr. Dickerson-

A bill to provide for the condemnation of private prop-erty for public uses.

The following House resolution was read first time :

By Mr. Price-
A resolution to pay the pension due 0. F. Johnson of: Oconee county.
Referred to the Finance Committee.

Also,
By Mr. JordanA bill to fix the term of office of county solicitor ofJ Pulaski county.

..b58

JOURNAL OF THE SENATE

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also,

By Mr. Erwin-

A bill to amend the act incorporating the Bank of the University at Athens.

Upon the passage of the 'bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority, was passed.
Also~
By Mr. EmanuelA bill to amend the charter of the city of Brunswick. Upon the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional ma-
jority, was passed.
Also, By Mr. McLaughlin-
A bill for the admission to the bar in this State. Upon the passage of the bill the ayes were 29, nays 0.

THURSDAY, DECEMBER 15, 1898.

559

The bill having received the requisite constitutional majority, was passed.

The following bill was read third time with adverse report from the committee:

By Mr. Post-

A bill to authorize the judges of the superior court to grant charters to corporations at Chambers.
The report of the committee was agreed to, and bill lost.

The following House bills were read second time and recommitted to the Corporation Committee:

By Mr. Jarnagin-

A bill to incorporate the town of Camak in the county -of Warren.

Also, By Messrs. Smith and Sloan-

A bill to establish a city court 10 Hall county and to provide for a solicitor for said court.

The following House bill was read second time and re~ommitted to the Temperance Committee:

By Mr. Bond-

A bill to establish, maintain and operate a dispensary in the town of Comer in Madison county.
Upon motion of Mr. Terrell the Senate adjourned until to-morrow at 10 o'clock.

56(1

JOURNAL OF THE t:)ENATE.

Senate Chamber, Atlanta, Georgia, Friday, December 16, 1898.

The Senate met pursuant to adjournment at 10 o'clock, and was called to order by the President.

Prayer was offered by the Chaplain.

Upon the call of the roll the following members answered to their name&, Messrs.-

Blalock, Brannen, Bnnn, Clifton, Daniel, Davis, Dickerson, Dowling,
Fouche, Greene, Gross, Grovenstein, Hand, Heard, Hodge,

Johnson, King, Lang, Little, Mann, Morrison, Moye, McGehee, McLester, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Redding, Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, West, Wight, Wilcox, Wingfield, Wood, Mr. President.

Those absent were Messrs.-

Humph1eys.
The Journal of yesterday was read and approved. Mr. Wight, Chairman of the Committee on Finance, submitted the following report:

FRIDAY, DECEMBE!R 16, 1898.

561

31r. President:

The Committee on Finance has had under consideration the following House resolutions which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit :

A resolution providing for the payment of any balance due Hon. W. T. Jones, deceased, on account of his per diem.

Also, a resolution to pay the pension due 0. F: Johnson of Oconee county to his widow.

Also, a resolution for the relief.of James R. Cravens of Catoosa county.
Respectfully submitted. ED. L. WIGHT, Chairman.

Mr. Nesbitt, Chairman of the Committee on Educ::ation, submitted the following report:

Jfr. President:
The Committee on Education has had under consideration the following House bill which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit:

A bill to authorize the Trustees of the State University to operate summer sessior.s for the benefit of the white teachers of the State, and for other purposes.
Respectfully slllbmi~.
R. T. NESBITT, Chairman.
36 sj

562

JOURNAL OF THE SENATE.

Mr. Fouche, Chairman of the General Judiciary Committee, submitted the following report :
Jl!r. President:
The General Judiciary Committee have bad under consideration the following House bills which they instruct me to report back to the Senate with the recommendation that the same do pass.

A bill to regulate the rayment of fees to attorneys and receivers, etc., and for other purposes.

Also, a bill to amend section 2334 of the Civil Code of 1895.

Also, a bill to amend section 1700 of the Code of 1895.

Also, the follcwin~ HouEe resolution which it recommends do pass.

A resolution fur the relief of A. M. Hill of Walton county.

The committee also recommends that the following bill pass as amended.

A bill to amend section 546~ of the Code of 1895.

The committee also recommends that the following House bill do not pass.

A bill to amend section 3244 of the Code of 1895. Hespootfully submitted.
R. T. FOUCHE, Chairman.

FRIDAY, DECEMBER 16, 1898.

563

Mr1 Terrell, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
The Committee on State of Republic have had under consideration the following House resolutions which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit:

A resolution in regard to the marking of the graves of Southern soldiers who died in Northern military prisons, and for other purposes.
Also, a resolution to tender thanks of the people of Georgia to Mr. Byard M. Fowler for his servicee rendered the State on the matters of the exhibit at the Omaha Exposition.

Hespectfully submitted~ J. R. TERRELL, Chairman.

Mr. Hand, Chairman of the Committee on Banks, submitted the following report:
J!r. President: The Committee on Banks respectfully request that
House bills Nos. 338 and 416 be read the second time and recommitted to the Committee on Banks.
Respectfully submitted. 'J. L. HAND, Chairman.

564

JouRNAL OF THE SENATE.

The following House bills were read the second time ~

By. Mr. Hamby-
I A bill to give to the Boards of Education of the several
counties of this State full power to regulate the term of public schools.

Also, By Mr. Willingham-

A bill to regulate and control the expenditure of county funds, so far as same relates to the purchase of goods or property of any kind for county purposes.
Mr. Little, Chairman of the Committee on Agriculture,. submitted the following report :

Jfr. President:
The Committee on Agriculture requests that House bill No. 408 be read the second time and recommitted to theCommittee on Agriculture.~

Respectfully submitted. WM. LITTLE, Chairman.

By Mr. Jordan-
A bill to amend and consolidate the laws governing theinspection of fertilizers in this State.

Hecommitted to the Agricultural Committee.

FRIDAY, DJOOEMBER 16, ] 898.

565

The following House bills were read the second time and recommitted to the Corporation Committee :

By Mr. Harris-

A bill to incorporate the town of Pavo in the counties <>f Thomas and Brooks.

Also, By Mr. Calvin-
A bill to take out of and exclude from the village of Summerville the property of Mrs. B. M. Wright.

Also,
By Mr. LaRocheA bill to repeal section 4 of an Act incorporating the
town of Warsaw.

Also, By Mr. Bell-
A bill to amend the Act establishing the charter for the -city of Griffin.
Also, By Messrs. Stone and Felker-
A bill to amend the charter for the city of Monroe, m Walton county.

566

JouRNAL OF THE SENATE:.

Also, By Mr. Reynolds-

A bill to amend an Act to incorporat~ the city of Augusta.

Also,

By Mr. Bell-

A bill to amend an Act establishing the charter of the city of Griffin, so as to create a Board of Police CommiRsioners of said city.

Also, By Mr. Hutchins-

A bill to amend the Act establishing the City Court of Gwinnett county, and to define its jurisdiction.

Also, By Mr. Chappell-
A bill to provide for the incorporation of trust companies, and to define their rights and powers.
Also, By Mr. Bell-
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Spalding and Butts

FRIDAY, DECEMBER 16, 1898.

567

counties, so far as the same relates to the county of Spalding.

Also, By Mr. McCranie-
A bill to establish a system of public schools for the city of Tifton.

The Senate concurred in the House amendment to the Senate substitute to the following House bill, to wit :

By Messrs. Slaton, Brandon and Knowles-
A bill to amend the Act of Sept. 6, 1891, and Acts amendatory thereof establishin~ a Criminal Court in the city of Atlanta, so as to elect the Judge and Solicitor by the people.

The amendment is as follows :
Be it further enacted, That the Criminal Court of Atlanta be established in the city of Atlanta.

The following House bills were read the second time :

By Mr. .Allen-

A bill to establish a system for the working of the streets of the city of ~illedgeville.

Also, By Mr. Duncan-

A bill to amend section 2334 of the Civil Code of 1898.

568

JouRNAL oF THE SENATE.

Also,

By Mr. LaRoche-

A bill to amend Eection 1700 of the Code of 1895.

Also,
By Mr. StoneA resolution for the relief of A. M. Hill, of Walton
county.
Also,
By Mr. Calvin-
A resolution in regard to the marking of the graves of Confederate soldiers who died in Northern prisons.
Also,
By Mr. Calvin-
A resolution tendering the thanks of the people of Georgia to Mr. Byard M. Fowler in recognition of the services rendered the State at the Omaha Exposition.

Also,
By Mr. HolderA bill to permit (the State as owner of) the Northeast-
ern Railroad to be sued in certain cases.

J:t~~IDAY, DECEMBER 16, 1898.

569

Also,

By Mr. Beauehamp-

A bill to authorize the trustees of the States University to operate summer sessions for the benefit of the white teachers.

Also, By Mr. Whiteley-
A bill to amend section 1642 of Volume 1 of the Code of 1895

.A.lso, By Mr. Yates-
A resolution for the relief of James R. Cravens, ol
Catoosa county. Also,
By Mr. DewsA resolution to provide for the .payment of any balance
due the Hon. W. T. Jones, of Dougherty county.
Also, By Mr. Price-
A resolution to pay pension due 0. F. Johnson, ot Oconee county, to his widow.

570

JOURNAL OF THE SENATE.

Also,

By Mr. Knowles-

A bill to make an appropriation to the trustees of the University of Georgia for the support and maintenence of a Textile Department for the Technological School.
Also,
By Mr. Allen-
A bill to authorize the graduates of the Georgia Normat School to teach in the common schools without being again examined.

Also,
By Mr. Johnson-
A bill to require all claimants of land sold under trans-
fer wild land tax fi. fa. to bring suit for same within 36
months.

Also,
By Mr. Slaton--
A bill to prescribe a uniform system of tax receipts forthe tax collectors of this State.
The following message was received from the House through Mr. Boifeuillet, the Clerk thereof :

FRIDAY, DECEMBER 16, 189"8.

571:

M1. President:

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

A resolution expressing regret at the unfortunate misunderstanding which prevented the committee appointed to receive the Legislature of Alabama from meeting them at the depot.

Mr. Redding, Chairman of the Special Judiciary Committee, submitted the following report :

.Mr. President:
The committee have had under consideration the following House bills, which they instruct me to report back with. the recommendation that same do pass, to wit :

A bill to change the time of holding the fall session of Irwin superior court.

Also, !l bill to change the time of holding the superior court of Calhoun county, and other counties.
Respectfully submitted, J. T. REDDING, Chairman.

Mr. Steed, Chairman of the Committee on PublicSchools, submitted the following report :

.Mr. President:

The committee have had under consideration the follow-

~72

JOURNAL OF THE SENATE.

:ing House bill, which they instruct me to report back wfth the recommendation that the same do pass, to wit :

A bill to provide for the payment of teachers in public :Schools monthly.
Respectfully submitted, W. E. STEED, Chairman.

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

M1. President:

The committee have had under consideration the follow"ling House bills, which they instruct me to report back to the Senate with the recommendation that the same do pass, .to wit:

A bill to repeal the charter of Hillman and provide a :new charter for same.

Also a bill to amend an Act establishing the city court -of Hall county.

Also, a bill to incorporate the town or Camack. Respeotfully submitted, W. S. WEST, Chairman.

Mr. Blalock, Chairman of the Appropriation Committee, :submitted the following report:

llfr. President: The Appropriation Committee have had under consider-

FRIDAY, DECEMBER 16, 189'8.

573-:

ation the following House resolution which th-ey instruct me to report back to the Senate with the recommendation that the same do pass as amended :

A resolution to provide for the payment of two extra doorkeepers for the House of Representatives for th'e ses-sion 1898.

Respectfully submitted,.

S. T. BLALOCK, Chairman.

Mr. Heard, Chairman of the Committee on Engrossing,. submitted the following report :
Mr. President: The Committee on Engrossing report as duly engrossed
and ready to be transmitted to the House the following: Senate bill, to wit:
A bill to amend the charter of the Ca.pital City Bank.
Respectfully submitted,
COLUMBUS HEARD; Chairman ..

The special order was taken up which is a bill.
By Mr. Chappell-
A bill to make appropriation for the ordinary expense& of the Executive, Legislative and Judicial Departments or. th(l State for the years 1899 aud 1900..

.574

JouRNAL OF THE SENATE

The bill was taken up by sections and considered.

Mr. Fouche offered the following amendment:

Amend section 1 by striking out the words, For salary -of the Special Attorney of the W. & A. Railroad, two thousand dollars.

Upon the adoption of this amendment the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were :Messrs.-

Brannen, Bunn, Daniel, Dickerson, Dowling, Fouche, -Grflene, Gross, -Grovenstein, Hand, Hear,l, Hodge,

Johnson, King, Little, Mann, Morrison, Moye, McGehee, Odom, Passmore, Perkins, Rawlings, Redding,

Steed, Sutton, Terrell, Thompson, Thrasher, Underwood, Webb, Wight, Wilcox, Wingfield, Wood,

Those voting in the negative were :Messrs.-

Blalock,

Nesbitt,

West.

Those not voting were :Messrs.-

.Clifton, Davls,

Hurnphrey8, Lang,

McLester, Mr. President.

The amendment was adopted.

The following amendments were adopted :

FRIDAY, DECEMBER 16, 1898.

575

By striking out $2,000 as salary for the Railroad Commission and insert $2,500.
Also by making the appropriation $20,500 instead of $12,500 for the Rock College at Athens.
Upon motion of Mr. Blalock when the Senate adjourned it would reconvene at 3 o'clock P. M.
The hour of adjournment having arrived the Senate stood adjourned until 3 o'clock this P. M.

3 O'clock p. m.
The Renate met pursuant to adjournment at 3 o'clock. Was called to order by the President.

Upon motion of Mr. Blalock, the roll call was dispensed with.

The unfinished business of the morning session, which was the general appropriation bill, was taken up.

Mr. Davis was granted leave of absence for the remainder of the session.

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

Mr. President:
I am directed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he respect-

576

JouRNAJ. oF THE SENATE.

fully invites the consideration of your honorable body io executive session.

Mr. Wight moved that the Senate adjourn until to~night at 7:30 o'clock, which motion prevailed.

Mr. Morrison was granted leave of absence from tonight's session on account of sickness in family.

7:30 O'clock p. m. The Senate met pursuant to adjournment at 7:30o'clock. Was called to order by the President.

Upon motion of Mr. Terrell, the roll call was dispensed with.

Upon motion the following House bills were read second time.

By Mr. ReidA bill to repeal the present charter and create a new one
for the town of Hillman in the county of Taliaferro.

Also, By Mr. Bennett-
A bill to change the time of holding the superior court__s of the counties of Dougherty, Mitchell, Worth, Baker, Decatur, Calhoun and Miller.

Also,

By Mr. CookA bill to provide for the payment of teachers of the com-
mon schools of this State.

FRIDAY, DECEMBER 16, 1898.

577

Also,

By Mr. Henderson-

A bill to change the fall term of Irwin superior court.

The following House resolution was read and adopted:

By Mr. Price-
A resolution extending regrets at the unfortunate misunderstanding which prevented the committee appointed to receive the Legislature of Alabama.
The unfinished business was again taken up, which is the general appropriation bill.

The following amendment was offered :
Amend by striking the figures $1,000,000.00 from the committee amendment and insert in lieu thereof the figures $600,000.00.
The previous question was called.
And upon the adoption of this amendment the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were essrs.-

Brannen,
. Daniel,
Fouche, Heard, Houge,
37 sj

Moye, M<:Gehee,. PassmorE>, Rawling, Redding,

Thompson, Webb, Wight, Wood.

578

JouRNAL oF THE SENATE.

Those voting in the negative were Messrs.-

"Blalock, Bunn,
emton,
Dickerson, Dowling, GreenE', Gross, Grovenstein,

Hand, Johnson, King, Lang, Little, Mann, OJom, Perkin!',

Steed, Sutton, Terrell, Thrasher, Underwood, West, Wilcox, Wingfield.

Tho3e not voting were Messrs.-

Davil', Hnmphreys,

Morrison, McLester,

The amendment was lost.

Nesbitt, Mr. President.

The committee proposes to amend by striking out the figures $800,000.00 and insert the figures $100,000.00, and upon this amendment the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Blalock, Clifton, Dickerson, Dowling, Greent>, Gross, Hand,

Johnson, Lang, Mann, Odom, Perkins, Steed,

Terrell, Thrasher, Underwood, West, Wingfield, Wood.

Those voting in the negative were Messrs.-

Brannen, Bunn, Daniel,

King, Little, Moyt>,

Sutton, Thompson, Webb,

FRIDAY, DECEMBER 16, 1898.

579

Fouche, Grovenstein, Heard, Hodge,

McGehee, Passmore, Rawlings, Redding,

Wight, Wilcox, Mr. President.

Those not voting were Messrs.-

Davis, Humphreys,

Morrison, McLester,

Nesbitt.

The a~endment was lost.

Mr. Blalock gave notice that he would move to reconsider the action of the Senate in defeating the amendment just lost.
Mr. Fouche proposes to amend section 4 by adding at the end of said section the words, Provided none of the school fund shall be used except in instructing children in the elementary branches of an English education only.
The previous question was called.

Upon the adoption of the amendment the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative_ were Messrs.-

Brannen, Daniel, Fouche, Heard, Hodge,

Little, Moye, McGehee, Passmore, Rawlings,

Redding, Thompso!', Webb, Wight, Wood.

Those voting in the negative were Messrs.-

Blalock, :Bunn,

Hand, Johnson,

Sutton, Terrell,

580
Clifton, Dickerson, Dowling, Greene, Gross, Grovenstein,

JOURNAL OF THE SENATE.

King,
Lan~r,
Mann, Odom,
Perkin~,
Steed,

Thrasher, Underwood, West, Wilcox, Wingfield.

Those not voting were Messrs.-

Da\is, Humphreys,

Morrison, McLester,

Nesbitt, l\Ir. Pre~ident.

The amendment was lost.

The committee propor:es the following amendment to section 6,~For the geological survey the sum of $8,000.

Upon this amendment the ayes and nays were ordered and the vote was as follows :

Those V'oting in the affirmative were Messrs.-

Brannen, Bunn, Dickerson, Fouche, Greene, Grovenstein, Hand, Heard,

Hodge, Johnson, OJ om, Perkins, Rawlings, Steed, Sutton, Terrell,

Thrasher, Underwood, Webb, West, Wight, Wilcox, W.ingfie:d.

Those voting in the negative were Messrs.-

Blalock, Daniel, Dowling, Gross, King,

Little, Mann, Moye, McGehee, Passmore,

Redding, Thompson, Wood.

FRIDAY, DECEMBER 16, 1898.

581

Those not voting were Messrs.-

Clifton, Davis, Humphreys,

J.ang, Morrison, McLester,

Nesbitt, Mr. President.

The amendment was adopted.

Mr. Little gave notice that he would move to reconsider the geological appropriation.

The committee proposes to amend section 6 by adding $150 to pending fund for the purpose of printing the geological reports.

Which amendment was lost.

Mr. Bunn gave notice that he would move to reconsider this amendment.

Mr. King gave notice that he would move to reconsider the action of the Senate on the adoption of ,;ection 1, so far as the same relates to the salary of State Librarian.

Mr. Bunn gave notice that he would move to reconsider the action of the Senate in defeating the amendment appropriating $150 for the purpose of purchasing a flag for the 3d Ga. Regiment.

Upon the passage of the bill the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs._,_

Brc1nnen, Daniel,

Johnson, King,

Sutton, Thompson,

582
Dowling, Fouche, Greene, Grovenstein, Heard, Hodge,

JOURNAL OF THE SENATE.

Little, Moye, McGehee, Passmore, Rawlings, Redding,

Thrash tor, Underwood, Webb, Wight, Wilcox, Wood.

Those voting in the negative were :Messrs.-

Blalock, Bunn, Dickerson, Gross,

Hand, Mann, Odom, Perkins,

Steed, Terrell, West, Wingfield.

Those not voting were Me~rs.-

Clilton, Davis, Humphreys,

Lang, Morrison, McLester,

Nfsbitt, Mr. Presidt>nt.

The bill having received the requisiw constitutional majorty was passed as amended.

_ "r Dickerson gave notice that he would move to reconsider the bill to-morrow.

The following House bills were read second time w diverse report from committee.

By Mr. SlatonA bill to amend section 431 of the Code of 1895. Report of committee agreed to and bill lost.

FRIDAY, DECEMBER 16, 1898.

583

Also,

By Mr. Johnson-'

A bill to amend section 815 of vol. 3 of the Code ot 1895.

Report of committee agreed to and bill lost.

By unanimous consent House bill No. 402 was tabled for the seseion.

The following House bill was read third time and made special order for to-morrow:

By Mr. Stone-

A bill to provide for the maintenance and support of the Prison Commission of the State of Georgia.

The following House resolution was read third time :

By Mr. Chappell-

A resolution to provide for the payment of two extra assistant doorkeepers for the House of Representatives.

This being an appropriation the ayes and nays were ordered, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Blalock, Brannen, Bnnn, Daniel,

Johnson, King, Little, Moye,

Sutton, Terrell, Thrasher, Underwood,

584

JOURNAL OF THE SENATE.

Dickerson, Fouche, Greene, Gross, Grovenstein, Hand, Heard,

McGehee, Passmore, Perkins, Rawlings, Redding, Steed,

Webb, West, Wight, Wilcox, Wingfield, Wood.

Those not voting were Messrs.-

Clifton, Davis, Dowling, Hodge, Humphreys,

Lang, Mann, Morrison, McLester,

Nesbitt, Odom, Thompson, Mr. President.

The resolution hav~ug received the requisite constitutional majority, was passed as amended, and the amendments were to appropriate $150.00 for the indexing of the Journals of the House and Senate for the year 1898.

Mr. Lang was granted leave of absence until to-morrow afternoon on account of sickness.

Upon motion of Mr. Daniel the Senate adjourned until to-morrow morning at 9 o'clock.

Senate Chamber, Atlanta, Ga., Saturday, December 17, 1898.
The Senate met pursuant to adjournment at 9 o'clock, and was called to order by the President.
Prayer was offered by Senator McGehee.

'SATURDAY, DECEMBER 17, 1898.

585

Upon the call of the roll the following members an8Wered to their names:

Blalock, Brannen, Bunn, Clifton, Daniel, 'Dickerson. Dowling, Fouche, <keene, Gross, -Grovenstein, Hand, Heard, Hodge,

Johnson, King, Lang, Little, Mann, Mocrison, Moye, McGehee, MeLester, Nesbitt, Odom, Passmore, Perkins, Rawlings,

Reddin~,
Sterd, Sutton, Terrell, Thompson, Thrasher, U nderwoo.l, Webb, West, Wight, Wilcox, Wingfield, Wood. Mr. President.

Those absent were Messrs.-

Davis,

Humphreys,

The Journal of yesterday was read and approved.

Mr. Hand moved to reconsider the action of the Senate to passing the general appropriation bill on yesterday.

The previous .question was called.

Upon this motion the ayes and nays were ordered, and :the vote wa8 as follow :

Those voting in the affirmative were Messrs.-

Blalock, .Clifton, :Dickerson, Hand,

Mann, Odom, Perkins, Steed,

Terrell, Weflt, Wingfield.

586

JOURNAL OF THE SENATE.

Those voting in the negative were Messrs.-

Brannen, Bonn, Daniel, . Dow!ing, Fouche, Gross, Grovenstein, Heard, Hodge,

Johnson, King, Little, Morrison, Moye, McGehee, Nesbitt, Passmore, Rawlioge,

Redding, Sutton, Thompson, Thrasher,
Underwood~
Webb, Wight, Wilcox, Wood.

Those not voting were Messrs.-

Davis, Greene,

Humphreys, Lang,

McLester, Mr. President.

The motion was lost.

The appropriation bill was ordered immediately transmitted to the House.
Mr. Redding, chairman of the Committee on Special. Judiciary, submitted the following report:

Jfr. President:

The committee has had under consideration the following House bill, which they instruct me to report back with the recommendation that the same do pass, to wit:

A bill to amend an act to create a board of Commissioners for Baldwin county.

Also,

A bill to establish the city court of Habersham county. Respectfully submitted.
J. F. REDDING, Chairman.

SATURDAY, DECEMBER 17, ]898.

587.

The following resolution was read and adopted:
By Mr. Wingfield-
A resolution to appoint a committe of two from theSenate and three from the HouEe to investigate the head' of the Geologica] Department.

The following Senate bill was read first time :

By Mr. McGehee-

A bi1l to prohil:-it the sale and manufacture of spirituousliquors in this State.

Referred to the Temperance Committee.

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

Mr. President:
The Committee on Banks have had under consideration the following House bills, to wit, which they instruct meto report back with the recommendativn that the same do pass:
A bill to amend section 982 of the Code of Georgia of1895 providing for the selection by the Governor of banks in certain cities therein named as State depositories, so asto add the city of,Dublin.
Also,
A bill to amend section 1916, volume 2 of Code of 1896

-()88

JOURNAL OF THE SENATE.

by striking from the third line thereof the word "collat-
~ral."

Respectfully eubmitted.

J. L. HAND, Chairman.

Mr. West, chairman of the Committee on Corporations, submitted the following report:
Mr. President:
The committee have had under consideration the following House bills, which they instruct me to report back -with recommendation that same do pass, to wit:
A bill to.repeal an act incorporating the town of Wareaw.

Also, A bill to incorporate the town of Pavo. Also, A bill to amend the charter of Monroe. Also, A bill to amend the charter of Griffin. Also, A bill to amend the charter of the City of Augusta.

Also,
A bill to amend an Act to incorporate a board of com.:missioners of Spalding and Butts counties.

SATURDAY, DECEMBER 17, 1898.

589-

Also,
A bill to take out of the village of Summerville landsof Mrs. M. B. Wright.

Also, A bill to amend the charter of the City of Griffin.

Also,
A bill to establish a system of public sebools for theCity of Tifton.
Also,
A bill to amend the Act creating a city court for Gwinnett county.
Respectfully submitted. W. S. WEST, Chairman.
Mr. Wright, chairman of the Committee on Finance,. submitted the following report:
Mr. President:
The Committee on Finance have had under consideration the following House bill, which they instruct me to report back to the Senate with the :recommendation that the same do pass as amended, to wit :

A bill to levy and collect a tax for the support of the State government and the public institutions thereof, and. for other purposes.
Respectfully submitted. ED. L~ WIGHT,. Chairman.

...)90

JouRNAL OF THE SENATE

Mr. McGehee, Chairman of the Committee on Temper-ance, submitted the following report :

}.fr. President:

The committee on Temperance has uudet consideration the following House bill which they instruct me to report back to the Senate with the recommendation that the same do pass, to wit :

A bill to establish, maintain and regulat~ a dispensary in -the town of Comer, Madison county, and for other purposes.

Respectfully submitted. J. H. McGEHEE, Chairman.

Mr. Heard, Chairman of the Committee on Engrossing, submitted the following report:
JJlr. President:
The committee report as duly engrossed the following -resolution, and ready to be transmitted to the House, to wit:

A resolution providing for the appointment of a com.mittee to investigate the Geological department.

Respectfully submitted,

COLUMBUS HEARD, Chairman.

Also, 'iBy Mr. Bunn-

A bill to prohibit railroad companies or express comra-

SATURDAY, DECEMBER 17, 1898.

591

nies from carrying spirits into a county of this State where the same is not sold.

Ordered engrossed and tabled.

The following House bills were read the third time :

By Mr. Bond-

A bill to ,establish and maintain a dispensary in the town of Comer, Ga.

Upon the passage of the bill the ayes were 28 ; nays 0.

The bill having received the requisite constitutional rna-. jority was passed.

.Also, By Mr. Hamby-

A bill to give County Boards of Education of' the sevral counties of this State full power to regulate the public .school terms, and for other purposes.

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

The hill having received the requisite constitutional majority was passed as amended.

And the amendmE.>nt was as follows :

Amend by striking out all of section 1 after the word ~'counties" in the 6th line of said section.
By unanimous consent the following House hill was taken up to be put upon its passage:


592

JouRNAL OF THE SENATE.

By Mr. Freeman-

A bill to levy and collect a tax for the support of the State government and public institutions of this State.

The committee proposes to amend as follows:

Upon every ciretis company or others giving_ an exhibition beneath or within a canvass inclosure advertised in print or by parade, or in any manner whatsoever as a circus, menagerie, hippodrome, spectacle or show implying a circus, in or near cities or towns of five thousand inhabitants or more, four hundred ($400.00) dollars; in or near cities or towns of four thousand inhabitants and under 5,000 inhabitants, three hundred dollars, and in or near cities or towns of less than 4,000 inh~bitaots, $200.00 each day that it exhibits in the State of Georgia; and upon all dogs and horse shows or shows of like character, beneath a tent, canvass or inclosure, charging an admission fee of more than 25 cents, $30.00, and with an admission fee not exceeding said amount, $10.00 for each day it may exhibit in the State of Georgia. Said tax shall be for educational purposes.
The following committee amendment was adopted.

By striking out the figures $100.00 in the last line of the printed bill and insert in lieu thereof the figures $50.00

The following amendment was adopted.


SATURDAY, DECEMBER 17, 1898.

593

By Mr. Steed-

Amend section 2, paragraph 26 in line 127, by striking out the words patent device and upon all persons selling county rights or State rights, or territory for the exclusive sale of any patented article or other property, after the word or, in the 127th line, and before the word not, in 129th line, and insert in lieu thereof the word patented articles.

Amend section 2, paragraph second, by inserting between the word "dentistry " and the word "or " in the first line thereof the word "pharmacy."

Amend section 2, paragraph 3, line 21, by adding the following after the word "city~' in said line, the words "or within 10 miles of the limits thereof.''

Amend section 2, paragraph 29, by adding the following: "Upon every park or place where there is baseball played, the amount shall be $;25.00 in places of less than 10,000 inhabitants," instead of $50.00.

Amend section 2, paragraph 19, by substituting the following: "Upon all agents of packing house~ doing businees in this State $100.00 in each county where such business is carried on."
Amend section 6 of Tax Act by inserting in lieu of said section the following :
.Sec. 6. Be it further enacted by the authority aforesaid, That the presidents of all building and loan associations or
38 sj

li94

JOURNAL OF THE SENATE.

-other associations of like character shall be required to return to the tax-receiver of the county where such associations are located, at its true market value, the stock of such associations owned by the stockholders thereof (upon which,as shown by the books of such association, no advance has been made or money borrowed thereon by the individual stockholders therein), to be taxed as other moneyed capital in the hands of private individuals is taxed; provided, that no tax shall be required of building and loan associations to be paid upon any portion of their capital which has been loaned or advanced to a shareholder upon real estate, upon which real estate tax is payable by said shareholder; and provided further, that the taxes required by this section shall be in lieu of all other taxes and licenses, whether State, county or municipal, against said association, except a business license by th~ town or city in which the principal office of any such association is located, and except a fee required to be paid the State Treasurer by the Act approved October 19th, 189 L.

U pou this amendment the ayes and nays were ordered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Blalock,
Brannen,
Bunn,
Dowling, Greene, Grovenstein, Johnson, Little, Morrison,

McGehee,
Nesbitt,
PaEsmore,
Perkins,
Rawlin~8,
Redding, Steed, Sutton, Terrell,

Thompson, Thrasher, Underwood,
West,
Wi~ht,
Wilcox, Wingfield.

SATURDAY, DECEMBER 17, 1898.

595

Those voting in the negative were Messrs.-

Daniel, Dickerson, Fouche, Gross,

Heard, Hodge, King, Mann,

Moye, Odom, Webb.

Those not voting were Messrs.-

Clifton, Davis, Hand,

Humphreys, Lang, McLester,

Ayes 25, nays 11.

Wood, Mr. President.

Substitute was adopted.

The following message was received from the House through Mr. Boifeuillet, the clerk thereof:

Mr. President:
The House has adopted the following joint resolution; in which the concurrence of the Senate is asked, to wit:
A resolution providing that all bills not finally disposed of shall be considered as unfinishetl business, to be acted upon at the next session of the General Assembly.

The following message was received from the House through Mr. Boifeuillet, the clerk thereof:

Mr. PTesident:
The House has concurred in Senate amendments Nos. .6 and 8, and refused to concur in Senate amendments Nos.

596

JOURNAl" OF THE SENATE.

1, 2, 3, 4, 5 and 7 of the following bill of the House, to wit:

A bill to make appropriations for the ordinary expenses of the Executive, Legislative and Judiciary Departments of the State Government, payment of the public debt and the interest thereon, and for other purposes.
:::_The House has also concurred in the Senate amendments to the following resolution of the House, as amended, to wit:

. A resolution to provide for the payment of two extra assistant door-keepers for the House of Representatives for the session of 1898, and for other purposes.
r The General Tax bill was temporarily displaced for the
purpose of considering the General Appropriation bill just received from the House.
Mr. Winfield moved that the Senate insist on its amendment, as follows :

To strike out the figure 6 and insert 25 as the number of committemen to visit the different institutions.

The Senate also insists on the following amendments:

To appropriate $8,000 for the Geological Survey.

The Senate also insists on its amendments as follows:

Also amend seetion 4, line 115, by striking out the word $12,500 and inserting in lieu thereof the figures $20,000.00.

SATURDAY, DECEMBER 17, 1898.

597

Also, amend section 6, line 27, by inserting $1,500.00 for salary of Entomologist and one thousand dollars for his expenses, to be paid out of the inspection of oils and fertilizers.

.Also, amend section 6, by striking out of line 28 the word ten and inserting five.

Mr. West moved that the Senate recede from its amendment in abolishing the office of Special Attorney of the W. & A. Railroad.

The motion prevailed.

The following message was received from the House through Mr. Boifeuillet, the clerk thereof:

Jf.r. President:
The House has appointed upon the part of the House, as a Conference Committee on House bill No. 135, to wit:
.A bill to amend the charter of the Home Loan and Banking Company of .Atlanta: Messrs. Brandon, Hall of Bibb, and Duncan.
The House has also concurred in the Senate amendments to the following bills of the House, to wit :
.A bill to amend section 105 of the Code of Georgia of 18~5, and for other purposes.
.Also, a bill to fix the boundary line between the States Gf Georgia and South Carolina, along the river front of

598

JOURNAL OF THE l::!ENA.TE.

the city of Augusta as the boundary of said city, and for. other purposes.

Also, a bill to amend section 1 of an Act to prescribe three grades of complete commercial fertilizers, and for other purposes.

Also, a bill to amend the charter of the city of Brunswick.

Also, a bill to give County Boards of Education full power to regulate the public school terms.

Mr. Blalock moved that the Senate reconsider its action in refusing to recede from its a.mendment in reference to the contingent fund, which motion prevailed.

Mr. Hand then moved that the Senate recede from its amendment of $5,000.00 in the place of $10,000.00 contingent fund, which motion prevailed.
Mr. Blalock moved that when the Senate adjourn this morning it will reconvene at 3 o'clock this afternoon, which motion prevailed.
The committee appointed to confer with House commitmittee on House bill No. 135 were Messrs. Steed, West and Brannen.
The hour of adjournment having arrived, the Senate stood adjourned until 3 o'clock P.M.

SATURDAY, DECEMBER 17, 1898.

599

3 O'clock i>.M. The Senate met pursuant to adjournment, at 3 o'clock. Was called to order by the president.

Upon motion of Mr. Wingfield, the roll call was dispensed with.
The following message was received from the House_ through Mr. Boifeuillet, the clerk thereof:

Mr. P1esident:
The House has passed, by the requisite constitutional' majority, the following resolution of the Senate, to wit:

A resolution authorizing the Governor to appoint a. committee to consider the true northern boundary of the State, and for other purposes.
Passed. Ayes 89, nays 1.
The House has also passed, as amended, the followingbill of the Senate, to wit:
A bill to fix the number of committeemen to visit the various institutions of the State and to fix their compensation.
Passed. Ayes 94, nays 0.
The House has also passed, by the requisite constitutional majority, the following bills of the Senate, to wit:

600

JOURNAL OF' THE SENATE.

A bill to amend section 3950 of the Code of 1895.

Passed. Ayes 98, nays 0.

The House has also passed by the requisite constitutional majority the following bills of the Senate, to wit:

A bill to amend section 2835 of the Code of 1895, relating to the approval and recording of homesteads in this :State.

Passed, ayes 99, nays 8,

Also, a bill to amend section 5541 of the Civil Code of 1895, and for other purposes.

Passed, ayes 91, nays 0.

Also, a bill to amend section 2867 of the Code of 1895, and for other purposes.

Passed, ayes 92, nays 0.

Also, a bill to amend section 107 of vol. I of the Code of 1895, and for other purposes.

Passed, ayes 92, nays 0.

Also, a bill to provide who may redeem property sold at tax sale.

Passed, ayes 94, nays 0.

Also, a bill to dispense 'with a motion for new trial and authorizing a direct bill of exceptions in certain cases.

Passed, ayes 95, nays 0.

'SATURDAY, DECEMBER 17, 1898.

601

Also a bill to amend section 5401 of vol. 2 of the Code of 1895, and for other purposes.

Passed, ayes 90, nays 0.

Also, a bill to amend paragraph 7 of section 107 of the Code of 1895, and for other purposes.
Passed, ayes 92, nays 0.
Also a bill to allow county officers until the first day of January next after the election in which to file bonds, and f~othe~ purposes.
Passed, ayes 100, nays 0.

The House has also concurred in the following joint resolution of the Senate, to wit :

A resolution to more fully investigate the State sanitarium, and for other purposes.
Passed, ayes 102, nays 0.
The unfinished business was resumed, which is the General Tax Act.

The following amendments were adopted by adding 20 before the word 5 in the 7th line of section 10. Also, by striking out the words "or corporation" in line 12 of st>ction between the words "county" and "tax."

Mr. Brannen moved to reconsider section 2, paragraph 28 oi this bill, which motion prevailed.

602

JouRNAL OF THE SENATE.

Upon motion of Mr. Brannen the old tax of $5 was left as before.

The committee propose to amend by adding at the end of section 12: Provided further, that nothing herein contained shall. be construed to levy any tax on real or personal property held or owned by any bank or banking associations, the value of which is represented in the market value of its shares of stock. That each hank or banking association shall pay tax on its surplus and undivided profits when the same are not included in the market value of its shares.
Which amendment was adopted.

Committee also amends by striking out paragraph 38 of section 16.
Also by striking out the words, "and of this State" in the 54th line of section 16.
The committee propose to amend section 16 by adding at the end thereof the following questions :
How many dollars have you got invested in real or personal property, which property the party whose deed or hill of sale you have the option or privilege to repurchase?
Question: How long since you invested said money?
Question: Have you heretofore returned said money for taxation and how and in what way have you returned it?
Question : What is the gross and what is the net value

SATURDAY, DECEMBER 17, 1898.

603"

of all the State, county and municipal tax ft. fas. held by
you as transferee ?

Question: Give the names of the defendants and the
dates and amounts of the ft. fas. and the notes of your
transfer?

Question : What is the gross _amount and what the actual market value of all the city or county scrip or certificates of indebtedness, including jury tickets.

Amendments were adopted.

Upon the passage of the bill the ayes were 31, nays 0;; the bill having received the required constitutional majority, was passed as amended.

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

Mr. President:
The House refuses to recede from its refusal to concur in Senate amendments to House bill No. 139, and has ap-pointed the following as conference Committees ou part of the House, to wit :
On increase of Committeemen's expenses, Messrs. Kingof Houston, Price of Oconee, and Laing of Terrell.
On Rock College, Messrs. Ellis of Bibb, Jordan of Jasper, Howard of Chattahoochee.
On Entomologist, Messrs. Stubbs of Laurens, Johnson of Floyd, Copeland of Walker.

.:604

JOURNAL OF THE SEXATE

On Contingent fund, Messrs. Ousley of Lowndes, .Smith of Hall, and Rudicil of Chattooga.

On Geological Department, Messrs. Bell of Forsyth, Knowles of Fulton, Everett of Stewart.

Mr. Little, Chairman of the Committee on Agriculture, :submitted the following report:

Mr. President:
The Committee on Agriculture has had under conside:ration the following House bill, which they instruct me to report back to the Senate with the recommendation that the same do pass as amended, to wit:

No. 408. A bill to amend and consolidate the laws gov.erniog the inspection, analysis, and sale of Commercial fertilizers, etc., and for other purposes.
Hespectfully submitted~
WM. LITTLE~ Chairman.

The following are the committemen appointed to confer On the following matters with the House committees:

Geological department, Messrs. Underwood, Bunn and Wingfield.
Rock College, Thrasher, Hand and Odom. Entomologist, Nesbit, Little and Hodge. Pay of Committees, Perkins, Wood and Passmore.

SATURDAY, DECEMBER 17, 1898.

60&

The next special order was :

By Mr. Stone-
A bill to provide for the maintenance and support of" the Prison Commission.

This beingan appropriation, the ayes and nays were called on its passage and the vote was as follows:

Those voting in the affirmative were Messrs.-

Blalock,

King,

Terrell,

Brannen,

Lang,

Th()mpsonr

Bunn,

Mann,

Thrasher,

Dickerson,

Morrison,

Underwood,

Dowling,

Moye,

Webb,

Fouche,

Odom,

West,

Gross,

Passmore,

Wight,

Grovenstein,

Perkins,

Wilcox,

Hand,

Redding,

Wingfield,

Heard,

Steed,

Wood.

Johnson,

Sutton,

Those voting in the negative were Messrs.-

McGehee.

Those not voting were Messrs.-

Clifton, Daniel, Davis, GrP.ene,

Hodge, Humphreys, Little, McLester,

Nesbitt, Rawlings, Mr. President.

Ayes 32, nays I.

The bill having received the requisite constitutional majority, was passed.

-606

JOURNAL OF THE SENATE.

Mr. President:

The undersigned conference committee on House bill

No. 135, beg leave to report to the Senate that they have

Conferred with the conference committee on the part ofthe

House and have agreed to recede from the amendment

,made by the Senate.

W. E. STEED, Chairman.

W. S. WEST,

J. A. BRANNEN.

The report was agreed to and the Senate recedes.

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

Mr. PrtJ~ident:
The House has adopted the following joint resolution of the House in which the concurrence of the Sen.ate is asked to wit:

A resolution to appoint committees to visit Educational institutions belonging to the state.

Also,

A resolution to require Clerk of House and Secretary of Senate to mail to each member of the General Assembly a statement of the unfinished business of the present session.

Mr. Dickerson, chairman of the Penitentiary committee

submitted the following report :

'

SATURDAY, DECEMBER 17, 1898.

607

Mr. President:
Your committee charged with the duty of inspecting the condition and reporrtng thereon of the Penitentiary convicts of the stattJ, beg leave to submit as the result of their investigation, this report:
The shortness of time allowed and pressing legislative duties have not permitted that thorough investigation essential to correct conclusions.
For evident reasons a committee hastily visiting a camp can not always obtain the true situation and condition of the coi,wicts, and it would be much better, in the opinion of the committee, that these investigat-ions be made in vacation, when more time could be had for the work.

The wise and judicious management of the Penitentiary Department deserves high commendation.

Such abuseE as may exist are not chargeable to any neglect on the part of those officials, and the leasing of the convicts render the new law, from the best information we can obtain both from the prices paid for them by the lessees and the estimated cost of guarding and taking care of them, promises in our opinion to yield a much greater amount of revenue for the State than under the former law.

We believe the new system will prove much more satisfactory than the old one. The condition of the camps is set forth more fully in the reports of the sub-committees appointed to visit and inspect them.

The committee appointed to visit the camps at Smith-

608

JOURNAL OF THE SENATE. '

onia in Oglethorpe county, and Heardmont in Elbertr

county, kept by James M. Smith and W. H. Mattoxt-

report as follows:

We have visited said camps and find them in splendid; condition, not a case of sickness in either camp, said campsbeing neatly kept in every particular. There has not been a death in the camp of W. H. Mattox d~uing the year 1898, and only two in the camp of James M. Smith, one from consumption and one from dropsy. The convicts are well fed and well clothed and seem to be as cheerful a& their circumstances will admit. 'Ve do most heartily commend the management of these two camps. No complaint was heard from any convict. No escapes in two years; 13 whites and 87 colored.
Signed,
G. C. DANIEL, Chairman Sub-Committee.

The Sub-Committee appointed to visit the camps of Worth No. 2 and Worth No. 3, in Worth county, report as follows:
We found both of said camps in excellent condition.. The convicts showed plainly that they were well fed and clothed and humanely treated, and there is no excuse for any complaint against either of said camps.
Signed, LEONIDAS McLESTER, Chairman Sub-Committee..

SATURDAY, DECEMBER 17, 1898.

609

The Sub-Committee appointed to visit the camp of Cruger & Pace, at Albany 10 Dougherty county, submit the following, report:

We found at camp 37 colored male convicts, none of which were sick, and that they were well taken care of in every way. The buildings were clean and well kept and no complaint was made to us.

Signed, W111. M. MORRISON,

Chairman Sub-Committee.

The Sub-Committee appointed to visit the camp of Jones, in Morgan county, submit the following report:
We, the Sub-Committee appointed to visit the convict camp in Morgan county known as Jones Camp, submit the following report : We visited camp and found the camp clean and the convicts apparently in good health. We found 4 white convicts and 31 negroes, all males. We believe they are being humanely treated.
Signed, W 111. M. MORRISON, Chairman Sub-Committee.

The Sub-Committee appointed to examine and report the conditions of Bainbridge camp, Jakin camp, and Saffold camp, submit the following report:

1st. At the Bainbridge camp we find seventy-seven inmates, fourteen white and sixty-three colored. We find the caip in a thorough sanitary condition, convicts all in good health, well clothed, clean and comfortable, rations
39 J

610

JouRNAL OF THE SENATE.

ample and well prepared and the convicts well and humanely treated.

Second. We find seventy-five convicts at Jakin, all colored. This camp seems to be in thorough sanitary condition and the convicts humanely treated and are in good health. They are well and comfortably clothed, rations ample and well prepared.

Third. We find at Saffold camp forty convicts, three white and thirty-seven colored. The sanitary condition of this camp seems to be in good condition, the convicts are humanely 'treated, they are well and comfortably clothed, rations ample and well prepared:

LEONIDAS McLESTER,

Chairman Sub-Committee.

The Sub-Committee appointed to visit Richwood, Pitts, and Cromer camps, submit the following report:

Your committee found the above named camps m splendid sanitary condition, only one convict slightly sick at Cromer, one at Pitts and none at Richwood. The convicts are apparently well fed and well cared for.

Some few complaints were made by convicts at Pitts for
lack of sufficient cover at night. These complaints were communicated to the captain of the camp, who said the complaints were unfounded.
We recommend the pardon of Cole Bald}Vin (colored),

SATURDAY, DECEMBER 17, 1898.

611

1lerving at Cromer. He is ~ow quite old, eyesight is impaired, has served eleven years in the penitentiary faithfully, and has always been obedient to his bosses.

We recommend the pardon of Red Jarrell (white), serving at Pitts. The judge who sentenced him, solieitor who prosecuted him and the jurors who signed the verdict against him, all join in a request for his pardon.

We recommend the pardon of Scrop Murray (colored), -serving at Pitts. He was convicted of rape on one of his -own color. He has served two years. Since being at . Pitts bas had both legs broken.

We recommend the pardon of Dr. Lewis Hanby, servjng at Pitts.
W. E. MANN,

Chairman Sub-Committee.

The Sub-Committee, appointed to visit the camps of Haylow and Alexanderville, find said camps in good con(Jition and well kept. They report as follows :

We the undersigned committee, appointed to visit the camps of Haylow and Alexanderville, find said camps in good condition and well kept.
W. J. GREENE,

Chairman Sub-Committee.

The sub-committee, appointed to visit the camps of Cole City and the Durham Mines, submit the following report:

612

JOURNAL OF THE SENATE.

We the undersigned committee, appointed to visit the camps of Cole City in the county of Dade, and the Durham camps in the county of Walker, find said camps in good condition and well managed. The Cole City campt under the management of Dr. Brock, while the most hardened criminals in the State are located there, is managed well, and we think Dr. Brock should be retained under the new law, as his experience will no doubt be of great use to the Commission in successfully handling the Penitentiary Department. We only found two in hospital and death rate low. Food furnished of good quality and diversified.
A. N. GROVENSTEIN,
Chairman Sub-Committee.
All the above is respectfully submitted.
R. G. DICKERSON,
Chairman Committee on Penitentiary.

The following message was received from His Excellency the Governor, through his Secretary, Mr. Hitch, towit:
Mr. President :
I am directed by the Governor to deliver to the Senate a sealed communication to which he respectfully invites the consideration of your honorable body in executive session.
The following resolution was read and adopted :

SATURDAY, DECEMBER 17, 1898.

613

By Mr~ Fouche-

A resolution that all the bills and resolutions _now in the hands of committees be returned to the secretary and go over as unfinished business.

The following resolution was read and adopted :

By Mr. Bunn-

A resolution to authorize the Governor to draw his warrant on the State Treasurer for $100 to purchase a flag for the 3d Georgia Regiment, to be paid out of the military fund.
The following Senate resolution was read and tabled :
By Mr. West-
A resolution to urge the Governor to retain- the Hon. W. A. Wimbish as special attorney of the W. & A. Railroad for the ensuing two years.
Upon motion, the following House bills and resolutions were read third time, to be put upon their passage :

By Mr. McCranie-
.A bill to establish a system of public schools for the city of Tifton in the county of Berrien.

Upon the passage of the bill the ayes were 32, nays 0.

The bill having received the requisite constitutional majority, was passed.

614

JOURNAL OF THE SENATE.

Also, By Mr. Allen-

A bill to amend the Act creating a Board of Commissioners of Roads an.d Revenues for the county of Baldwin.

Upon the passage of the bill the ayes were 32, nays 0.
The bill having r~ceived the requisite constitutional majority, was passed.

Also.
By Mr. Bell-
A bill to amend the Act to create a Board of Commissioners of Roads and Revenues for the counties of Spalding and Butts.
Upon the passage of the bill the ayes were 31, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also. By Mr. Jarnagin-
A bill to incorporate the town of Camak in th~ county of Warren.

Upon the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority, was passed.

SATURDAY, DECE~rBER 17, 1898.

615

.Also, By Mr. Bass-
A bill to establish a city court in Clarkesville in the county of Habersham.
Upon the passage of the bill the ayes were 30, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also, By Mr. Reid-

A hill to repeal the existing charter of the town of Hillman, and create a n'ew one for said city.
Upon motion, the bill was tabled.
Also, By Mr. Hutchins-
A bill to alter and amend. the A.ct establishing the city court of Gwinnett county.

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

The bill having received the requisite constitutional majority, was 11assed.
Also, By Mr. Bell-
A bill to amend the Act establishing the charter of the city of Griffin in the county of Spalding.

616

JOURNAL OF THE 8ENATE.

Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority was passed.

.A)so, By Mr. Ogletree-
A bill to prohibit the sale or manufacture of spirituous liquors in the county of Butts.
Upon the passage of the bill the ayes were 29, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also, By Mr. Simpson-

A bill to prohibit the sale of wines within two miles of the court-house in the town of Alpharetta in the county of Milton.

Upon the passage of the bill the ayes were 27, nays 0.

The bill having received the requisite constitutional majority, was passed.

Also, By Mr. Ogletree-

A bill to create a Board of Commissioners of Roads and Revenues for the county of Butts.
Upon the passage of the bill the ayes were 33, nays 0.

SATURDA'\', DECEMBER 17, 1898.

617

The bill having received the requisite constitutional majority, was passed.

The following mes~e was received from the House through Mr. Boiteuillet, the clerk thereof:

Mr. Presidem: The Hom:e has passed, by the requisite constitutional
majority, the followtng bills of the Senate, to wit :
A bill to amend an Act incorporating the town of Newton in Baker county, and for other purposes.
Passed. Ayes 1()2, nays 0.
Also, the {Qllowing bill, having failed to receive a constitutional majority, was lost, to wit :

A bill to amend section 1 of an Act requiring corporatiQns doing life insurance business in this State upon the assessment_ plan to print on their policies, "This contract issued upon the assessment plan," and for other purposes.

The House has also adopted the report of the Committee of Confere~ce on the part of the House on House bill No. 139, and recedes from ito action refusing to concur in Senate amendment fixing salary of Entomologist.

Mr. President:

Your .com;ae appointed to confer with the commit-

tee from the

e on the matter of the appropriation to

the State Normal School of Athens report that they have

618

JOURNAL OF TIIE SENATE.

conferred with said committe, and find it impossible to agree with them upon the question submitted, and re.spectfully ask that they be discharged from further consideration of the matter.

B. E. THRASHER,

Chairman Committee on part of Senate to consult on School Fund for the Rock College ~ Athens.
Mr. West, Chairman of the Committee on Corporations~ submitted the following report :

1l'lr. President:
The Committee on Corporations has had under consideration the following House bill, which they instruct me to report back to the Senate, with the recommendation that the same do pass, to wit:

A bill to provide for the incorporation of trust companies, to define their rights and powers, and for other purposes.
Respectfully submitted.
W. S. WEST, Chairman.

Also,
By Mr. CalvinA bill to take out and exclude from th.llage of Sum-
merville the lands of Mrs. M~ B. Wright.

SATURDAY, DECEMBER 17, 1898.

619-

Upon the passage of the bill the ayes were 33, nays 0..

The bill having received the requisite constitutional': majority, was passed.

Also, By MesE>rs. Smith and Sloan-

A bill to establish the City Court of Hall county.

Mr. Underwood offered the following amendment :Provided that this Act shall not take effect until January 1, 1899. The amendment was lost.

Upon the passage of the bill the ayes were 27, nays 3 ..

The bill having received the requisite constitutional. majority, was passed.

. Also, By Mr. Reynolds-

A bill to amend the Act incorporating the city of Au~ gusta, to improve the public roads in its neighborhood.

Upon the passage of the bill the ayes were 28, nays 0~
The bill having received the requisite constitutional majority, was passed.

Also, By Messrs. Stone and Felker-

A bill to amend the charter of the city of Monroe, in. the county of Walton.

<620

JouRNAL OF THE SENATE.

Upon the passage of the bill the ayes were 32, nays 0.

The bill having received the requisite constitutional imajority, was passed.

Also, .:By Mr. Bell--
A bill to amend the Act establishing the charter for the city of Griffin, adopted February 15, 1876.

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

The bill having received the requisite constitutional :majority, was passed.
Also, By Mr. Allen-

A bill to establish a system of working the streets of the city of Milledgeville.

Upon the passage of the bill the ayes were 26, nays 0.

The bill having receiYed the requisite constitutional tmajority, was passed.

Also, :.By Mr. Harris-

A bill to incorporate the town of Pavo, in the counties -of Thomas and Brooks.

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



SATURDAY, DECEMBER 17, 1898.

62t

The bill having received the reqoisite constitutional. majority, was passed.

Also,

By Mr. LaRoche-
A bill to repeal section 4 of an Act incorporating the town of Warsaw, in Chatham county.

Upon the passage of the bill the ayes were 28, nays 0(.

The bill having received the requisite constitutional, majority, was passed.

The House amendment to the Senate amendment to the following House resolution was concurred in.:.

By Mr. Chappell-
A resolution to appropriate the money to pay two extra. door-keepers for the House of Representatives.
The amendment appropriates money for the elevator boy; also for indexing journals of House and Senate.
The following Senate bills were taken up, with Houseamendment, and concurred in :

By Mr. King-
A bill to fix the number of committeemen to visit thedifferent State instiwtions.



'622 Also,

JOURNAL OF THE SENATE.

By Mr. Brannen--
A bill to amend sectiou 2636 of the Code of Georgia of . 1895, which provides a penalty for the use of one person's .name in a firm when the person is not a member.
The House amendments were concurred in.

The following House bill was read the 3d time, to be >put upon its passage:
_By Mr. Knowles--
A bill to make au appropriation to the trustees of the .State U uiversity for the maintenance and support of the 'Textile Department of the Technological School.

Upon the passage of the bill, this being an appropria-tion, the ayes and nays were called, and the vote was as follows:

Those voting in the affirmative were Messrs.-

Blalock, "Brannen, Bunn, Dickerson, Fouche, Greene, Grovenstein, "'Hand, ,Heard,

Hodge, Johnson, Little, Nesbitt, Odom, Passmore, Perkine, Redding, Steed,

Sutton, Terrell, Thrasher, Underwood, West, Wight, . Wingfielrl.

SATURDAY, DECEMBER 17, 1898.

623

Those voting in the negative were Messrs.-

Daniel,
Gross, King,

Mann, McGehee,

Thompson, Webb.

Those not voting were Messrs.-

Clifton, Davis, Dowling, Humphreys,

Lang, Morrison, Moye, McLester,

Rawlings, Wilcox, Wood1 Mr. President.

Ayes 25, nays 7.

The bill having received the requisite constitutional majority, was passed.

Also. By Mr. Duncan-

A bill to amend section 2334 of the Civil Code of 1895, fixing the venue in suits brought against railroad companies.
Upon the passage of the bill the ayes were 23, nays 1.

'l'he bill having received the requisite constitutional majority, was passed.

The Second Conference Committee on the part of Senate to confer with House Committee on the Rock College appropriation are: Messrs. Nesbitt, Steed and Blalock.

Mr. President:

We, the committee appointed to confer with the com-

624

JouRNAL oF THE SENATE.

mittee on the part of the House of Representatives, relative to that part of section 3, of House bill 139, for compensation for the several committeemen to visit the several public institutions of the State to be paid $25.00, instead of $6.00 as passed by the House of Representatives, submit the following report~ We have met the House Committee and failed to ag.ree, and we further submit that it is impossible for these committees to agree, and the committee ask to be discharged.
Respectfully, M. T. PERKINS, A. P. PASSMORE, J. S. WOOD.

Also, By Mr. McLaughlin-

A bill to regulate the payment of fees to attorneys and receivers appointed in this State.
Upon the passage of the bill the ayes were 27, nays 3.

The bill having received the requisite constitutional majority, walil passed.

Also,
By Mr. Bennett-
A bill to change the time of holding the superior courts in the counties of Dnug?erty, Mitchell, Worth, Baker, Decatur, Calhoun and Mill.er.

SATURDAY, DEC.I!iMBER 17, 1898.

625

upon the passage or the bill the ayes were 24, nays o.

The bill having received the requisite constitutional majority, was passed.

Also. By Mr. Cook-

A bill to provide for the payment of teachers of the public schools monthly.
Upon the passage of the bill the ayes were 24, nays 0'
'
The bill ha'\ring received the requisite constitutional majority, was paased.

The following is the second committee appointed to confer with House Committee on the expenses of com~ittee men : Messrs. Dickerson, Mann and Grovenstein.

Upon motion of Mr. Odom, the Senate adjourned until to-night at 8 o'clock.

8 O'clock p. m.
The Senate met pursuant to adjournment at 8-~'clock, and was called to order by the President.
Upon motion of Mr. Odom, the roll call was dispensed with.
The following House bills and resolutions were read third time and put upon their passage.
40 sj

626

JOURNAL OF THE SENATE.

By Mr. Dews-

A resolution to pay the Hon. W. T. Jones the balance due, if any, on his per diem.

This being an appropriation, the ayes and nays were ordered and the vote was as follows :

Those voting in the affirmative were Messrs.-

Brannen, Daniel, ;Dickerson, Fouche, Greene, Grovenstein, Heard, Hodge,

King, Little, Moye, McGhee, Nesbitt, Odom, Passmore, Redding,

Sutton, Thompson, Thrasher, Webb, \Vest,
Wile<>& Wood.

Those not voting were Messrs.-

Blalock, Bunn, Clifton, Davis, Dowling, Gross, l Hand,

Humphries, Johnson, Lang, llano, Morrison, :McLester, Perkins,

Ayes 23, Rays 0.

Rawlings, Steed, Terrell, Underwood, Wight, Wingfield, Mr. President.

The resolution having received the requisite constitutional majority, was passed.

Also,

By Mr. Price-

A resolution to pay to the widow of 0. F. Johnson pension due him for the year 1898.

SATURDAY, DECEMBER 17, 1898.

627

This being an appropriation, the ayes and nays were or-dered, and the vote was as follows :

Those voting in the affirmative were Messrs.-

Blalock, Jlrannen, Bunn, Daniel, Dicker:;on, Fouche, Greene, Gross,

Heard, Hoilge, King, Littlt>, Moye, McGehee, Odom, Passmore,

Redding, Sutton, Thompson, Thrasher, Webb, West, Wilcox, Wood.

Those not voting were Messrs.-

Clifton, Davis, Dowling, -Grovenstein, Hand, Humphries, .Johnson,

Lang, Mann, Morrison, McLester, Nesbitt, Perkins, Rawlings,

Ayes 24, nays 0.

Steed, Terrell, Underwood, Wight, Wingfield, Mr. President.

The resolution having received the requisite constitutional majority, was passed.
Also, .By Mr. Stone-
For the relief of A.M. Hill, of Walton county.
Upon the passage of the resolution the ayes were 24, nays 0.

The resolution having received the requisite constitutional majority, was passed.

628

JOURNAL OF THE SENATE.

Also,

By Mr. Calvin-

A resolution to authorize Mr. W. H. Harrison, of Fulton county, to publish the Public Acts of this General Assembly.

The resolution was adopted.

The following message was received fr()m the Housethrough Mr. Boifeuillet, the clerk thereof:

Mr. President:
The Committee of Conference on House bill Ko. 1311 on the part of the House, consisting of Messrs. Price of Oconee, Laing and King, to confer with a like committee from the Senate, on expense of committeemen, having reported that they were unable to agree, the following were appointed as a new Committee of Conference on Expenses of Committeemen, to wit:
Messrs. Park of Greene, McLaughlin and Stone.

The Committee of Conference on House }}ill No. 139 on Rock College, having also announced that they were unable to agree, the tollowing were appointed as a new Conference Committee on behalf the House, to wit:
Messrs. Freeman, Johnson of Bartow, Everett of Polk.

SATURDAY, DECEMBER 17, 1898.

629

Also,
By Mr. Yates--
A resolution for the relief of James R. Cravans, ofCatoosa county.
Upon the passage of the resolution the ayes were 23, nays 0.
The resolution having received the requisite constitutional majority, was passed.
The following House resolutions were rPad and adopted:

By Mr. Calvin-
A resolution to require the clerk of the House and Secretary of Senate to mail to each member of the General Assembly a statement of the unfinished business.

Also, By Mr. Calvin-

A resolution to appoint committees to visit the educational institutions of this State.
Also,
By Mr. Slaton-

A resolution that all bills not finally disposed of shall go on as unfinished busness till next session.
The following message was received from his Excellency

630

JouRNAL OF THE SENATE.

the Governor, through Mr. C. M. Hitch, one of the Secretaries of the Executive Department:

Mr. President:

I am instructed by his Excellency the Governor to deliver to the Senate a sealed communication, to which he invites the consideration of your honorable body in executive session.

The following House bill was read third time and indefinitely postponed :
By Mr. Slaton-

A bill to provide a uniform tax receipt for the tax collectors of this State.

The following House bills and resolutions were read third time:

By Mr. Johnson-

A bill to require all claimants of land sold under the wild
land tax ft. fas. to make claim for same within 36 months.
Upon the passage of the resolution the ayes were 23, nays 0.

The bill having received the requisite constitutional ma-. ority, was passed. By Mr. Allen-
A. bill to authorize the graduates of the normal depart-

SATURDAY, DECEMBER 17, 1898,

631

ment of the Normal and Industrial College to teach without being further examined.

Upon the passage of the bill the ayes were 24, nays 0.

The bill having received the requisite constitutional majority, was passed.

The following resolution was read third time and tabled.

By Mr. Calvin-

A resolution tendering the thanks of the people of Georgia to Mr. Bayard M. Fowler for his services during the Omaha Exposition.

This resolution was read third time and adopted. By Mr. Calvin-

A resolution regarding the marking of the Confederate graves who died in the Northern prisons.

Also,
By Mr. Whiteley-
A bill to amend section 1642 of vol. 1 of the Code relative to the exemption of Confederate veterans in certain instances.

Upon the passage of the bill the ayes were 23, nays 0. The bill having received the requisite constitutional majority was passed.

632

JoURNAL OF THE SENATE.

Also,
By Mr. Chappell-
A bill to provide for the incorporating of trust companies and to define their powers and duties.

Upon the passage of the bill ayes were 24, nays 0. The bill having received the requisite constitutional majority was passed.

Also, By Mr. Calvin-

A biil to provide for an embalming board for the State.

Upon the paseage of' the bill the ayes were 17, nays 8. The bill not having received the requisite constitutional majority was lost.

Also,
By l\Ir. WillinghamA bill to regulate and control the expenditure of county
funds as far as the same relates to the purchasing of goods, etc.

Upon the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.

Also,
By Mr. HolderA bill to allow the State of Georgia to be sued in cer-
tain cases as owner of the Northeastern Railroad.

SATURDAY, DECEMBER) 7, 1898.

6a3

Upon the passage of the bill the ayes were 23, nays 0. The bill having received the requisite lconstitutional (majority was passed.

Also.

By Mr. Calvin-

. A bill to amend section 1916 of vol. 2 of the Code of 1895 by striking from the 3d line the word collateral.

Upon the passage of the bill the ayes were 23, nays 0. The bill having received the requisite constitutional majority was passed.

Also, By Mr. Moore~

. ..... ~ .. - ~ -

A bill to amend section 5462 of the Code of 1895.

Upon the passage of the bill the ayes were 19, nays 4. The bill not having received the requisite constitutional majority was lost.

Also,
By Mr. LaRoche-
A bill to amend section 1700 of the Code of 1895 relativ.e to oyster beds 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.

634

JOURNAL OF THE SENATE.

Also,

By Mr. Henderson-

A bill to change the time of holding the fall term of the superior court of Irwin county.

Upon the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.

The following House bill was reconsidered and put upon its passage :

By Mr. Moore-

A bill to amend section 5462 of the Code of 1895.
Upon the passage of the bill the ayes were 25, nays 0. The bill haying received the requisite constitutional majority was passed as amended.

Mr. Nesbitt, Chairman of the committee on the part of the Senate to confer with similar committee on the part of the House on the amendment to the general appropriation bill pl'Oviding salary for an entomologist and for paymenl of his expenses, submitted the following report:

Mr. President:
The conference committee on the amendment of the Senate to the appropriation b.ill, making appropriation for the salary of the entomologist and for his expenses have agreed

SATURDAY, DECEMBER 17, 1898.

635~

and 'recommend that the House recede from its disagree- / ment to the Senate amendment, and .concur in the same.
Respectfully submitted,

R. T. NESBITT, Chairman..

The report was agreed to.

Also, By Mr. Jordan-
A bill to amend and consolidate the several Acte governing the inspection of fertilizers in this State.
Upon the passage of the bill the ayes were 29, nays 0. The bill having received the requisite constit~tional ma-jority was passed as amended.
Also,
By Mr. Stubbs-
A bill to amend section 982 of the Code of Georgia of 1895, providing for the selection of State depositories.
Upon the passage of the bill the ayes were 25, nays 0..
The bill having received the requisite constitutional ma-jority was passed.
The following message was received from the Housethrough Mr. Boifeuillet, the Clerk thereof.

JOURNAL OF THE SENATE.

Mr. President:

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

The House has concurred in the following Senate amendments to House bill No. 139, to wit: amendment No. 1, which amends section 2, paragraph 29, "provided in place .of less than ten thousand inhabitants, twenty-five dollars."

Amendment No. 4, which amends section 2, paragraph ~6 in line 127, by striking out the words "patent devices and upon all persons selling county rights or State rights or territory for the exclusive sale of any patent article or -other property" after the word "or" in the 127th line, and inserting in lieu thereof the words "patented article."
Amendment No. 2 to paragraph 3, section 2, line 21.
By addipg after the word "city" in said line the words "''or within ten miles of the limits thereof."
Substitute for paragraph No. 19.
Upon all agents of packing-houses doing business in this .State, one hundred dollars in each county where said busi.ness is carried on.
Amendment No. 5, section 2, paragraph 2.

Upon every practitioner of law, medicine, pharmacy or dentistry, upon every architect, charging for their services -as such, upon every civil, mechanical and electrical en-. gineer, and upon the presidents of each of the express, tele. graph, steamboat, telephone, electric light, sleeping and palace-car companies, building and loan associations and .:gas companies doing business in this State, and in <'ase the

SATURDAY, DECEMBER 17, 1898.

637

presidents of such companies do not reside in this State,. then in such case, upon the superintendent or general agent or person in charge of the business of such companies whomay reside in this State, ten dollarwnd no municipal corporation or county authorities shall levy any additioaal tax on said professions, either as license fee or otherwise.

Amendment No. 6 to section 2, paragraph 25.

Upon all mercantile and collecting age-ncies,. cemmercial agencies, and all other agencies of like eharacter, fifty dollars in every county they have established an office.

Amend section 6 of Tax Act by inserting in lieu of said. section the following to constitute .section 6 :

Sec. 6. Be it further enacted by the authority aforeeaid,. That the presidents of all building and loan associations or other associations of like character shall be required to return to the tax-receiver of the county where such associations are locat~d, at its true market value, the stock Gfsuch associations owned by the stockholders thereof (upon which, as show~ by the books ofsueh association, no advance has been made or money borrowed thereon by the individual: stockholders therein), to be taxed as other moneyed capital in the hands of private individuals is taxed; provided,. that no tax shall be required of building and loan associations to be paid upon any portion of their capital which has been loaned or advanced to a shareholder upon real estate, upon which real estate tux is payable by said. shareholder; and provided further, that the taxes required by this section shall be in lieu of all other taxes and

638

JOURNAL OF THE SENATE.

licenses, whether State, county or municipal, against said ,association, except a business license by the town or city in which the principal office of any such association is lo-cated, and except a fwequired to be paid the State Treas-urer by the Act approved October 19th, 189 L.

Amendment No. 8 to section 10, line 7.

By inserti~g the word "twenty" after the word "of" and ibefore the word afive,'' and by striking out the words "or ..corporation" in twelfth line.

Amend No. 14 by adding at the end of section 16 the :following questions:
" How long since you so invested said money?"

" How many dollars have you got invested in real or 'personal property, which property the party whose deed or bill of sale you hold has the option or privilege to repur-chase?"

The House has concurred m the following Senate ,amendments as amended, to wit:

Amendment to paragraph 14, section 2, providing for othe levy of a tax upon every circus, hippodrome, and other -show implying a circus, and for other purposes.

The House has refused to concur in the following Senate :amendments to said House bill No. 139, to wit:
Amendment No. 10, amending section 12 as follows:

SATURDAY, DECEMBER 17, 1898.

639

"Provided further, that nothing herein contained shall

be construed to levy any tax upon real or personal prop-

erty held or owned by any bank or banking association,

the value of which is represented in the market value of

its shares of stocks; each. bank or banking associations

shall pay tax on its surplus and undivided profits, when

the same are not included in the market value of its

shares."



Amendment No. 12 to section 16.

Also, to amend section 16 by striking out the words "and of the State," in the ~7th paragraph thereof.

Also, by striking out the 38th paragraph thereof.

Question: Have you heretofore returned said ~oney for taxation, and how, and in what way, have you returned it?

Question : What is the gross and what is the market
value of all the State, county and municipal tax fl. fas.
held by you as transferee ?

Question : Give the names of the defendants, and the
dates and amounts of the fl. fas., and the dates of your
transfers?

Question : What is the gross amount and what is the actual value of all the city and county scrip or certificates of indebtedness, including jury tickets?

Amend section 11, by striking out the proviso at the
;,:
end of the section.

640

JOURNAL OF THE SENATE.

The joint conference committee of the Senate and House, in reference to the expenses of the members of the Legislature in visiting the State institutions and the different prison farms and camps, agree on the following, to wit:

The total expenses of each member shall not. exceed five cents per mile for his actual and necessary expenses for each mile traveled by the nearest practical route going and returning, and t&e maximum amount shall not exceed twenty dollars, regardless of the number of miles traveled.
R..G. DICKERSO:N, Chairman Senate Committee on Conference.

J. B. PARK, Jr., Chairman House Committee.

Report of Conference Committee agreed to.

Upon motion of Mr. Wight, the Senate receded from its amendment by adding the proviso at the end of section 11 (eleven).

The Senate insists on its proviso at the end of section 12, relative to taxing banks.

The Senate insists on its substitute for paragraph 14 of section 2.

The Senate also insists upon its amendment by striking out the words, "and of this State " from line 54 of section 16.

The senate insists on its amendment by striking out the

38th paragraph of section 16.

""

SATURDAY, DECEMBER 17,1898.

641

The Senate recedes from its amendment to the 3d ques-tion asked tax payers, and insists on its amendments to the 4th, 5th and 6th questions asked tax payers.

The following House bill was read the 2d time, with ~dverse report from the committee:

':By Mr. Simpson-

A bill to amend section 3244 of the Code of 1895.

Report of the committee was agreed to and bill lost.

The following Senate bill was read the 2d time : 'By Mr. Johnson--

A bill to establish a system of public schools for the town of Blue Ridge.

The following Senate resolutions were read and adopted :

:By Mr. Hodge-

.

A re:;;olution extending the thanks of the Senate to the

Hon. W m. A.. Dodson for the very able and impartial

:manner of presiding over this body.

Also, .By Mr Gross-

A resolution tendering the thanks of the Senate to the lion. Wm. A. Dodson for the impartial manner 10 which lle presided over the Senate.
41 sj

642

JOURNAL OF THE SENATE.

Mr. President:

\Ve, your joint Conference committee from the Senate and House, haYe had under consideration the Senateamendment to House bill No. 149, known as the General Appropriation Bill, which amendment provided for the appropriation of $8,000 for the support of the Geological. department ofthe state, as provided by the act of 1889.
We are pleased to submit the following report as em-. bodying the result of our conference:
We recommend that the said Senate amendment carry-ing the appropriation of $8,000 for the Geological depart- ment be adopted and passed, adding, however,_.to the para-
graph which constitutes said amendment carryin.g tfie said appropriation the following words: "Provided,. t~at the-
Governor shall have the power to discontinue the operation of the said department and save the expense of the same, if, aft-er an investigation by a joint committee to be appointed by the House and Senate, or a committee to be appointed by the Governor himself, if the Senate and House should fail to appoint such a committPe, and upol}. the condideration of such committee's report to him theGovernor shall deem it best to suspend the operations of the department; provided further, that no part of said appropriation herein made shall be expended until after said investigation has bel'n made.

Respectfully submitted.

J. W. H. UNDERWOOD,

Chairman on part ofthe Senatl';.

SATURDAv, DECEMBER 17' 1898.

643

W. C. BUNN, S. T. WINGFIELD,
On part of the Senate.

H. P. BELL, Chairman of Honse Committee.

CLARENCE KNOWLES, One of the House Committee.

The report was adopted.

The following message was received from the Honse through Mr. Boifeuillet, the Clerk thereof:

Mr. President:
The House has adopted the .1eport of the Conference committee on the part of the House'' On expenses of co.mmitteemen" to House Bill No. 139.
Mr. Nesbit, Chairman on the part of the Senate to confer with a similar committee on the part of the House, submitted the following report:

Mr. President:
The committee fail to agree on the appropriation for the "Rock College'' and ask to be discharged.

Respectfully submitted. R. T. NESBITT, Chairman.

T~e report of the committee was adopted.

644

JOURNAL OF THE SENATE.

Upon motion of Mr. Ne!-Litt, the following third Conference committee was appointed on the part of the Senate to confer with House committee on the Rock College appropriation : Messrs. W igbt, "rest and Brannen.

The committee on the Tax hill are Messrs. Fouche, Hand, and Wood.

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

Mr. President :
The Home has concurred in the Senate amendment to the following bill of the House, to wit:

A bill to amend section 5462 of the Code of 1895, aml

for other purposes.



The House bas also adoptetl the following joint resolution of the House, in which the concurrence of the Senate is asked, to wit:

A resolution extending thanks to Mr. Aaron French, of Pittsburg, Pa., for his gift to the textile de11artment of the School of Technology.

The following committees were appointed :
To visit the Georgia Normal and Industrial CollegeSteed, Rawlings, Odom, West, Wilcox, Moye, Daniel, Dowling, Sutton, Grovenstein.

To visit State University-Nesbitt, Thrasher, Heard, Hodge, Little, Mann, Steed, McGehee, Redding, Terrell.

SATURDAY, DECEMBER 17' 1898.

645

To visit Technological School-Wight, Mann, Clifton, Gross, Bunn, Hand, \Vood, Green, \Vebb, Thompson.

Committee to innstigate Georgia Sanitarium-Rawlings, U nderwoo1l.

To investigate the Geological Survey-Wingfield and Perkins.
On \Vestern & Atlantic Depot-Senator West.

Georgia Agricultural College-Wight and Bunn.

The following Home resolution \\as read and concurred
Ill:

By Mr. Knowles-

A resolution extending smcere gratitude to Mr. Aaron French, of Pittsburg, Pa., for his gift to the Technological School.

The following meEsage was received from the House, through Mr. Boifeuillet, the Clerk thereof:

JHr. President:

The Conference Committee on part of the House on the Senate amendment in regard to Rock College to House bill No. 139, having reported the failure of the committee to arrive at an agreement, the following are appointed as a new Conference Committee on said amendment, to wit:

Messrs. Jordan of Jasper, Swift, of Elbert, and Slaton of Fulton.

646

JouRNAL oF THE SENATE.

The following are appointed as Conference Committeemen on the part of the House on the Senate amendments as follows, to House bill No. 139:

Amendments adding question to tax. payers-Mef'srs. Brandon, Johnson of Bartow, and Longino.

On amendment to "banking" clause-Messrs. Chappell, Freeman and Park of Greene.

On circus tax-Messrs. McLaughlin, Hall and Lane of Sumter.
The House has adopted the report of the Joint Conference Committee on Senate amendment to House bill No. 139, in regard to the support and maintenance of the Geological Department.

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

Mr. President:

The House has concurred in the Senate amendments to House bill No. 40;;, to wit:
A bill to amend and consolidate the laws governing the inspection of fertilizers, and for other purposes.
The House has also concurred in, by substituta, to the following joint resolution of the Senate, to wit:
A resolutiou providing for a joint committee to investigate the head of the Geological Department.

SATURDAY, DECEMBER 17, 1898.

G47

The House has also concurred in the following joint resoUtttio.u. of the Se~:~ate, to wit:

A resolution that the Governor be authorized to pur<lhase a State flag for the Third Georgia Regiment Volunteers, and for other purposes.

.M1. President:

The Conference Committee on behalf of Senate to confer with a committee appointed from the House of Representa-tives to consider the appropriation to the Rock College, -have agreed to make the appropriation $16,000 for each of _years 1899 and 1900.
Respectfully submitted,

ED. L. WIGHT, Chairman.

The report was adopted.

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

_Mr. President:

The House has adopted the report of the Conference Committee on Senate amendment to House bill No. 139, -to that part referring to appropriation for "Rock College."

The Senate has concurred in the House substitute to .Senate resolation No. 27.

The following resolutions were read and unanimously
~dopted:

648

JOURNAL OF THE SENATE.

By M Steed-

Resolved, That the Se<'retary of the Senate be requested: to secure a portrait of the Hon. W m. A. Dodson to adorn the walls of the Senate chamber.

Resolved, That the thanks of the Senate be extended to the Hon. Chas. S. Northen, his assistant, Hon. Chas. P. Hansell, and his worthy corps for the able manner in which they have performed their duties.

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

Mr. President:
The House has adopted the report of the Conference Committee to consider Senate amendments to the General Tax Act; the Senate receding from amendment 18, and the House receding from its position in refusing to concur in amendments Nos. 16 and 17.

~h. President:

The undersigned Conference Committee on the part ofthe Senate to consider the difference between the Senate and House as to the amendments of the Senate to the General Tax Bill, bPg leave to report that the Conference Committee recommend as follows:

I st. That the Senate do concur in the amendment of theHouse to the Senate amendment to parag1aph 14 of section two of said bill, said paragraph referring to circuses and~ shows.

SATURDAY, DECEMBER 17' 1898.

649>

2d. That the House recede from its refusal to concur m amendments Nos. 16 and 17.

3d. That the Senate recede from its insistance on amendment No. 18.

4th.

With

reference

to.

the /

Senate

proviso to section

12

as to the tax on banks, your committee have been unable

to agree, and we beg to be discharged and that another

conference committee as to that section be appointed.

Respectfully submitted.

R. T. FOUCHE, Chairman.

Report adopted.

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

Mr. President:

The House has reconsidered its action in refusing to recede from its refusal to concur to the Senate amendment to section 12 of the General Tax Act, and concurs in said amendment.

Mr. King, Chairman of the Enrollment Committee, snbmitteed the following report :
:lfr. President :

The Committee on Enrollment reports as duly enrolled signed by the President of the Senate and Speaker of theHouse, the following Acts.

-650

JOURNAL OF THE f?ENATE.

An Act to reduce and regulate the fees of Notaries Public and other officers in this State.

Also, an Act to. amend section 1107 of volume 3 of the -code of Georgia, providing for the payment of sheriffs' fees.

Ah:o, an Act to allow county officers of this State until the first day of January to make their bonds.

Also, an Act to amend section 3950 of the Civil Code of 1895.

Also, an Act to dispense with a motion for new trial and filing brief of evidence.

Also, an Act to amend section 341 of the Code of -Georgia.

Also, an Act to fix the number of committeemen to visit the various institutions of this State.

Also, an Act to amend an Act incorp0rating the town oC Newton, in the county of Baker.

Also, an Act to amend section 2835 of the Code of 1895, Telative to the approval and recording of homesteads.

Also, an Act to amend section 5401 of volume II of the .Code of 1895.
Also an Act to reduce the sheriff'~ bond ot Dougherty -county.

SATURDAY, DECEMBER 17, 1898.

651

Also, an Act to amend an Act creating a Board of Po3ice Commissioner& for the city of Albany.

f1lso, an Act to change the time of holding Superior Courts in the Cherokee circuit.

Also, an Act appointing commissioners to consent in be'half of the State to the erection of a new union passenger station on the State's property in the city of Atlanta.
Also, an Act to establish the city court of Al~ny, in Dougherty county.

Also, an Act to amend section 2636 of the Code of Georgia.
Also, an Act to amend section 5541 of the Code, rela..tive to bills of exceptions.
Also, an Act to provide who may redeem property sold at tax sales.

Also, an Act to amend paragraph 7 of section 107 of
. :the Code, relative to providing for a judge in caRes where
.the presiding judge is disqualified.
Also, an Act to amend an Act to provide for the condemnation of private property for public use.

Al;;;o,

An act to amend section 1 of an act regulating life insu;rance in this state.

652

JouRNAL OF THE SE)OATE.

Also,

An act to amend section 107 of Vol. 1 of the Code of 1895.

Also,

An act to amend section of the Code No. 2867, relative to the record of schedules of exempted property.

Also, The following re~olutions, to wit:

A resolution appointing a committee to meet the Alabama Legislature.

Also,
A resolution authorizing the Superintendent of the Asylum to deliver \Villiam Schwarz to Chatham county.

Also,

A resolution appointing a committee to investig-ate the Geological department.

A resolution to authorize the Governor to appoint a
commission to determine the true boundary line between Georgia, Tennessee and Xorth Carolina.
Also,
A resofution to more fully iiiVestigate the State Sauitanum.

SATURDAY, DECEMBER 17, 1898.

653

Also,
A resolution to authorize the Governor to purchase a flag for the Third Georgia Regiment.
Re:1pectfully submitted. C. N. KING, Chairman.
The following resolution was read and adopted.

By Mr. West.-
Resolved, that the Secretary of the Senate notify the House of Uepresentatives that the Senate has completed its labors and is now ready to adjourn sine die.

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

Mr. President:
I am instructed to inform the Senate that the House having completed the business of ihe session, is now ready to adjourn, sine die.

Upon motion of Mr. Brannen, the Senate adjourned.

INDEX
TO
SENATE JOURNAL
FOR J898.

INDEX.

SENATE BILLS. ADJOURNMENT-
Adjourned sine die .............

AGRICULTURE-
A Bill to authorize the Commissioner of Agriculture to employ a bookkeeper and stenographer .119 404 433 435

BANKs-
A Bill to amend the charter of the Capital City Bank of Atlanta .................................... 210 529 545

CODE .UIENDMENTS-

To amend section 1656 of the Code of 1882... .68 118 130 142

To amend section 341 of the Penal Code ........... 69 118 130

To amend section 3950 of the Civil Code of 1895 . . . 72 131 137

To amend section 2195 of the Code of Georgia relative

to the building of depots in this State ..... 82 208 247 278

322 475

To amend section 1115 of the Code of 1895.......

86

To amend section 72 in the 8th subsection, which refers

to selection of election managers.. . . . . ....... 1!1 156 181

To amend section 2636 of the Code of Georgia .142 297 367 622

To amend section 3761 of the Uode of 1895....... . .. 145 150

To amend section 5551 of the Code of 1895 ......... 172 298 320

To amend section 1107 of the Code of Georgia, prodd-

ing for the payment of sheriff's fees. . . ..... 172 206 226

.-\bill to amend section 2035 of Yol. 2 of the Code of

1895... . . . . . . . . . . . . . . .

. . . . . . . . . . . 193

To amend section 2835 of the Code of 1895. . .... 209 253 289

To amend section 2867 of the Code of 1895 .

. .209 253 289

To amend section 2780 of the Code of 1895.. . . . . . . . . . . 209 253

To amend section 2779 of the Code of 1895 . . . . . . . . . . . . 209 254

To amend section 2783 of the Code of 1895 ............ 209 254

To amend section 289, Vol. 1 of the Code of 1895 . . . . . . :?'.H

To amend section 107, Vol. 1 of the Code of 1895 ... 225 252 290

42 i

658

I~DEX.

CODE AMENDMENTS-Continued-
To amend section 5541 of the Civil Code of 1895 .... 226 252 289 To amend section 2185 of the Code of 1895 . . . . . . . . . . . . 287 To repeal section 397 of Vol. 3 of the Code of 1895 .. 287 355 514 To amend section 2168 of the Code of 1895 . . . . . . . . . . . . 288 To amend section 5401 , Vol. 2 of the Code of 1895 rela-
tive to Sheriff's fees ........................... 322 392 436 To amend section 107 of paragraph 7 of the Code of
1895 . . .. .. ..................................... 322 470 511

COl\oUIITTEES-

To acquaint the President of his election . . . . . . . . . . . .

5

To nominate a Chaplain. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

On Rules.............................................

61

To investigate the equalization of tax returns.. . . . . .

9~

To consider the resolution thanking the Hon. W. S.

Northen for services.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

To notify Hon. F. G. DuBignon of the invitation to

address the General Assembly . . . . . . . . . . . . . . . . . . . . . 106

To investigate the office of State Geologist.. . . . . . . . . . . 151

To consider the report of the Special Attorney of the

W. & A. R. R........ .. .. . . . .. .. .. . .. . . .. . . . . . 13R

To investigate the financial condition of the State . . . 16:)

To investigate the controversy between the Commis-

sioner of Agriculture and Dr. Payne . . . . . . . . . . . . . . 195

To investigate the condition of the North Eastern R.

R. ....... . ... . .. . . . .. . . . .. . ...... ... ..... .. ...... 257

To confer with the Governor relative to the entertain-

ment of the President . . . . . . . . . . . . . . . . . . . . . . . . . . . 344

To entertain the Alabama L->gislature...... . . . . . . . . . . 421

To prepare a measure looking to a revision of the tax;

laws................................. . . . . . . . . . . . 524

To confer with Honse Committee on House bill No.135 598

To confer with House Committee on Geological De-

partment ..... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604

To confer with Honse Committee on Rock College.604 623 644

To confer with House Committee on Entomologist... 604

To confer with House Committee on Pay of Commit-

teeman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604 625

To confer with House Cqmmittee on the General Tax

Bill........................................

6H

Committees to visit the Normal and Industrial Col-

lege . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 644

Committees to visit the State University. . . . . . . . . . . . . 644

Committees to visit the Technological School . . . . . . . . 64'>

INDEX

659

. ()OMMITTEES-Continued-
Committee to investigate the Georgia Sanitarium.... 645 Committee to investigate the Geological Survey . . . . . 645 Committee on 'Vestern & Atlantic Depot .... :........ 645 Committee to visit Georgia Agricultural College. . . . . 645

-COMMUNICATIONS-

From Secretary of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

From the Governor....... 68 74 103 104 112 120 131 171 227

238 280 302 378 422 448 485 575

From the Georgia Bar Association. . . . . . . . . . . . . . . . . . .

83

<CONSTITUTJONAL AMENDMENTs-
A Bill to amend paragraph 2, section 1 of article 2 of the Constitution ................................. 408 465

-c()OUNTY COMMISSIONERs-
To repeal the Act creating a Board of County Commissioners for the county of Fannin . . . . . . . . . . 210 253 267

COUNTY OFFICERS-
A Bill to reduce and regulate the fees of Notaries Public and other county officers in this State . . . . . 110 131 199
A Bill to allow constables to _levy and collect Superior
Court fi. fas . . . . . . . .. .. . . . .. .. . . . .. . . . . . . . . . . . 110 156 182
A Bill to allow county officers until the 1st of January to make their bonds. . . . . . . . . . . . . . . . . . . . . . . . . . 115 131 137
A Bill to reduce the bond of the sheriff of Dougherty county . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 252 289

COURTS, COUNTY AND CITY-
A Bill to amend the Act establishing the City Court of Albany .............................. 172 185 196 398

<COURTS, SUPERIOR-
A Bill to change the time of holding the Superior Courts in the Cherokee Circuit ........... 159 168 181 260
A Bill to fix the compensation of the Solicitors-General of the several judicial drcuits of this State.. 352
.A Bill to fix the compensation of Superior and City Court stenographers .... _. ................ 130 297 374 383

660

I~DEX.

COURTS, SUPREME, AND OFFICEHS OF-
A Bill to amend section 5514 of the Code of 1895 (relative to Supreme Court stenographers) ....... 193 298 319
A Bill to fix the compensation of the Solicitors-General of the several judicial circuits of this State.. 352

ELECTION AND ELECTION LAWS-

For Governor . . . . . . . . . . . . . . . . . . . . . ........ .

Secretary of State. . . . . . . .....

Comptroller-General. . . . . . . . . .......... .

Treasurer ............................. .

Attorney-General ................ .

Commissioner of Agriculture . . . . . . . ....... .

State School Commissioner .................... .

Prison Commissioner. . . . . . . . . . . . . . . . .

Election of Hon. Chas. G. Janes as Judge of the Tal-

lapoosa Circuit .......................... .

Election of Hon. A. H. Hansell as Judge of tp.e South-

ern Circuit . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ....... .

Election of Hon. W. M. Henry as Judge of the Rome

Circuit.................................. .

Election of Hon. H. C. Sheffield as Judge of the Pa-

taula Circuit ................................. .

Election of Hon. Jno. C. Hart as .Judge of the Ocmul-

gee Circuit ....... .

Election of Hon. Jno. B. Estes as Judge of the l'i'orth-

Eastern Circuit. . . . . . . .

. .......... .

Election of Hon. B. D. Evan~ as ,Judge of the :\Iiddle

Circuit .............. . . . . . .. .

Election of Hon. W. T. Hoberts as Solicitor-General of

the Tallapoosa Circuit . . . .......... .

Election of Hon. W. A. Charters as Solicitor-General

of the North-Eastern Circuit.... . . . . . . . ...... .

Election of Hon. E. L. Brinson as .Judge of the ~\ugusta

Circuit.......................

. ............ .

Election of Hon. W. H. Felton as .Judge of the )facon

Circuit.......................... .

Election of Hon .Joseph \\'. Bennett as .Judge of the

Brunswick Circuit . . . . .................. .

Election of Hon. Paul E. Seabrook as .Judge of the

Atlanta Circuit ..... .

Election of Hon. E. J. Ragan as Judge ,of the Flint

Circuit...................................... .

ElectiQn of Hon. Livingston Kennon as Solicitor-Gen-

eral of the Atlantic Circuit ..

64 64 64 64 65 656565
711
80
80
80
81
81
81
81
81
83
83
84
84
84
84
J

INDEX.

661

ELECTION AND ELECTION LAWS-Continued-

A Bill-To revise the election laws of this State . , . . . . 68 142

To fix the mode of nominating judges and so-

licitors in this State. . . . . . . . . . . . . . . . . . . . . 86 131

To provide for the election of county school

commissioners of this State by the quali- ~

fied voters . . . . . . . . . . . . . . . . . . . . . .

91

To provide for the election of judges and solic-

itors of the city courts of this State by the

electors of their respective counties...... 115

To provide for the election by the people of

the county court judges and solicitors of

this State . . . .

. ................. 141 150

FERTILIZERs-
.-\.Bill-Relating to the proceeds ansmg from the inspection of oils and fertilizers ......... 135 185 197 203 321 364
To require Guano Companies to return for taxation their assets............. . . . . . . . . . 159
To amend sections 1572, 1574, 1576 of the Code of 1895 relative t1) the sale of fertilizers in this State ............................... 352 359 398

INSURANCE-

.-\. Bill-To regulate the business of Life Insurance in

this State.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 291

To require all corporations doing a Life Insur-

ance business in this State on the assessment

plan to print on all their policies the words,

"This contract is issued on the assessment

plan " .

. . . . . . . . . . . . . . . . . . . 380 425 465

~TOlXT SESSIONS-

To count and declare the vote of the election for Gov-

ernor and other State house officers. . ...

62 64

To inaugurate the Governor-elect . . . .

.. . .... . .

75

To elect Judges and Solicitors. . . . . ................. 79 80 83

To receive the President. . . . . . . . . . . . . . . .

531

.JOINT RESOLUTIONS-

To arrange for the Inaugural Ceremonies

67

662

I);"DEX.

LIQUOR LAWS-
A Bill to make it unlawful for any person to manufacture fermented intoxicants and to fix punishment for same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 392 431};
A Bill to authorize the Mayor and Council of l)Quglasville to establish a Dispensary. . . . . . . . . . . . . . . . . . . 477 512"
'A Bill to prohibit the sale and manufacture of spirits in this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587

MESSAGES, HOUSE-
9 10 66 67 77 78 88 103 104 113 118 129' 13a1!36 143 140 154 160 110 178 189 218 220 247 249 200 27& OOB 316 a,2 343 36s. 383 389 408 415 424 426 431 448 471 474 5> 517 5'21 522 535544 553 570 595 597 599 603 617 628 635 6!3 &14 645 646 647
648 649 653:
MESSAGES, EXECUTIVE11 12 121 135 ~ 4@5 002 612 629'

MISCELLANEOUS BILLS-
A Bill to define and punish oral slander............... 134 A Bill to fix the number of Committeemen tovi'Bit the
different institutions of the State ......... 180 297 320 620A Bill to provide for a more complete trnn&fer of rent
notes and mortgages .......................... 204 297 351 A Bill to allow persons to create a lien or give a; bill of
sales to crops to merchants or banks . . . . . . . . . . . 2'25 253: A Bill to dispense with a motion for new trial and
filing briefs of the evidence . . ............. : .. 225 252 29() A Bill to provide for more humane execution of per-
sons convicted of capit11-l offense in this State .. 276 298 513: A Bill to relieve the security on bond of S. S. Sasser
against Solomon Akins. . . . . . . . . . . . . . . . . . . . . . . . . . 28S A Bill to relieve John T. Miken and Jas. H. Ellis as
security on the bond of S. S. Sasser.............. 28S A Bill to provide a uniform method of condeming,
taking or damaging private property ...... 377 404 431 557

MUNICIPAL LAWS-
A Bill to create a Board of Police Commissioners for the city of Albany . . . . . . . . . . . . . . . . . . . . . . . . . . 165 199 22S
A Bill to amend the charter of the city of Cedartmm. 179 207 215 342

INDEX.

663

MUNICIPAL LAWS-Continued-
A Bill to create the city of Blakely in lieu of the town of Blakely . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398 420 440
A Bill to amend the Act incorporating the town of Newton in Baker county . . .................. 404 420 441

ORGANIZATION~

Called to order by the Secretary . . . . . . . . . . . . . . . . . . . . .

3

Prayer by the Chaplain of the last Senate............

&

Senators-elect qualified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 5 76

Election of President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Election of Secretary ............. , . . . . . . . . . . . . . . . . . .

6

Election of Doorkeeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Election of Messenger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

PENSION LAWS-
A Bill to apportion and prorate the several pension Acts of this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 430
A Bill to regulate and restrict tr..e various pension laws of this State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 35&

PRACTICE-
A Bill to regulate practice in the Superior Court and City Courts of this State . . . . . . . . . . . ............. 142 150

PRIVILEGESOf the floor ....................... .

68 171

PETITIONS-

From Confederate veterans of Athens ....... .

430

RAILROADS-
A Bill-Requiring Sleeping Oar Companies to furnish separate compartments for white and colored passengers......................... 114 131 138 173
To make it unlawful to require chartered Railroads to connect with Tram-roads .......... 135 150
To prohibit Railroad companies from carrying liquors into counties where the sa'me is not sold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 590
To authorize and permit foreign Railroad companies to become incorporated under the laws of Georgia .................... W3 339 360 43&

664

INDEX.

RAILROADS-Continued-
~-\. Bill-To appoint a Commission to consider the erection of a new Union Depot on the State's property in the City of .Atlanta.......... 315 392 440

KULROAD COMMISSIOK-

.A Bill-To authorize the Railroad Commis,;ion to con-

trol corporations operating sleeping cars in

this State.

. . . . . . . . . . . . . . .. . . . . . 115

REGISTRATIOX-

~-\. Bill-To amend the regi~tration law:> so as to make

it the duty of tax-receivers to register voters

instead of tax-collectors

....... 78, 168 173 262

To provide for the registration of voters in

this State . . . . . . . . . . . . . . . . . . . .

130

REPORT3 OF SPECIAL C'O:\L\IITTEES-

Of committee to ascertain what judicial officers are to

be elected by the present General Assembly ....... . 69 70

Of committee to arrange for inaugural ceremonies .. .

71

Of committee on rules . . . . . ..................... . 73 74

Of committee on resolution to adjourn . . . . . .... .

87

Of committee to ascertain the neces:>ity of an assistant

doorkeeper for cloak room . . . . . . . . . . . . ........... . 87 88

Of committee to visit some .State where the ~\ns

tralian ballot system is in operation .....

284

Of committee to investigate the condition of the "\V.

& A. Railroad . . . . . . . . . ................... .

304

Of committee to consider the report of "\Y. A. "\\im-

bish on the true northern boundary of the State .... 313

Of committee to prepara suitable resolutions upon the

death of lion. W. T. Jones ....................... . 342

Of committee appointed to visit the Girls' Industrial

School, State Normal School and ~:Hate University ..

360

Of committee to investigate the Geological Depart-

ment.... ... ........ . .

. ................ . 385

Of committee to investigate the Georgia Sanitarium 395

Of committee appointed to imestigate the contro-

versy between Dr. Payne and 0. B. Ste\ens ... 455

Heport of joint committee to examine the State Treas-

ury ......... .

490

Heport of special committee to confer with Honse Com-

mittee on Honse Bill No. 125.....

518

IXDEX.

665

Rl':PORTS OF SPECIAL CO)L\IITTEES-Continued-

Report of special committee 0n House Bill No. 135 . . . 606

Report of special committee on RJck College appro-

priation.....................

. ..... 617 643 647

Report of special committee on salary and expenses

of Entomologist . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634

Report of sp3cialcommittee on expenses of committee-

man . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

640

Report of special committee on Geological Depart-

ment...... . . . . . . . ................... . . . . . . . . . 642

Report of special committee on general tax bill.

648

REPORTS OF STANDING CO?IBIITTEES-

Of Special .Judiciary Committee .. 106 163 195 196 210 236 257

,277 328 349 414 452 487 535 539 571 586

Or Enrolling Committee ........ 108 111 112 302 391 438 649

Of General.Tudiciary Committee. 117 128 129 140 149 152 162

163 175 176 191 192 203 222 234

257 270 281 299 329 346 358 410

429 454 489 533 562

Of Public Property Committee....................... 119

Of Corporation Committee ... 147 158 211 283 327 347 348 365

393 409 422 425 439 461 555 572 588 618

or Railroad Committee . . . . . . . . . . . . . . . . . . . . . . .. "148 357 438

Of Education Committee ............ 152 357 453 533 539 561

Of Finance Committee......... . . . . . . . . 174 263 269 282 327

384 514 537 560 589 Of Engrossing Committe:>. 175 191 204 222 237 269 301 330 367

393 408 413 424 463 529 573 590

Of Committee on Rules ............................. 190 314

Of Committee on Agriculture .... 203 211 383 429 455 564 604

Of Committee on State of the Republic ........... 228 268 563

Of Committee on Banks ................. 2.58 274 538 563' 587

Of Committee on AppropriationR... :<71 420 462 486 556 572

Of Committee on School for the Deaf.

. . . . . . . . . . 330

Of Committee on Temperance . . . . 331 358 461 502 539 590

Of Committee on Academy for the Blind. . . .

378

Of Committee on Sanitarium.. . . . . . . . . .............. 369 463

Of Committee on Hygiene and Sanitation ............ 486 533

Of Committee on Public Schools . . . . . . . . . . . . . . . . . . . 571

Of Committee on Penitentiary

. . . . . . . . . . . . . . . . . 606

REPORTS, l\IIXORJTY-
Of General Judiciary Committee or Appropriation Committt>e ...... .

177 30:) 462

666

IYDEX.

TANDING COMMITTEEs-

Committee on Rules ...... .

92'

Appropriations. . . . . . . . . . . . . . . . . . . . . .

93'

Academy of the Blind................ .

93

Agriculture . . . . . . . . . . . . . . . ......... .

93

Auditing . . . .. . . . . . . . . . .. ........ .

94

Banks ........................... .

94

Constitutional Amendments .......... .

94

Corporations .......... , ... .

94

Engrossing. . . . . . . . . . . . . ............ .

95

Enrollment . . . . . . . . . . . . . . . . ......... .

95

Ed.ucation .......................... .

95

Finance .............................. .

96;

Georgia School for Deaf and Dumb ... .

96

Georgia Sanitarium ...... : ........... .

96

Hygiene and Sanitation ............. .

97

Internal Improvements ............... .

97

Immigration and Labor.............. .

97:

Journals ............................. .

97

General Judicia;y ................... .

98:

Special Judiciary ..................... .

98:

Military ....................... .

98

Mines and Mining. . . . . . . . . . . ... .

99

Manufactures .................. .

{;9

Privileges and Elections .............. .

99

Public Roads . . . . . . . . . . . . . . . . . . . . . . ).

99

Penitentiary . . . . .................... .

100

Pensions ............................ . 1CO

Public Library . . . . . . . . . . . . . . . . .... . 100

Privileges of the Floor ............... . 101

Public Printing ............. .

101

Petitions ........................... . 101

Public Schcols...................... . Hll

Public Property, Halls and Ccmmitte

Rooms ........................... . 102

Temperance........................ .

1C2

State of the Republic ......... .

102'

Railroads ............................ . 103

SCHOOLs-
A Bill-To provide for a uniform series of text-bock,; for the schools of this State.............. . . 135-
To establish a system of Public Schools in the town of Blue Ridge ....................... 387 641

INJ>EX.

66T

STATE GEOLOGIST-
A Bill-To revive the cffice of State Geologist in this State.... . . . . . . ........................ 91 119 132"

TAXES AND TAX LAW8-
A Bill-To provide for a Board of Tax Equalizers in this State ... ~. . . . . . . .......... 61 264 278 326 344
To exempt purchase money notes from taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 142
.To provide who may redeem property sold at tax sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 412 437

SENATE RESOLUTIONS-

A Resolution-Requiring the Secretary to inform the

House of organization of the Senate.

S

That the President of the Senate ap-

point gallery keepers and pages, and

the Secretary appoint porters...... .

That the rules of the last Senate be

adopted until the Committee on

Rulelil reports new ones..............

8

Appointing a joint committee to notify

the Governor of the organization of

the General Assembly... . . . . . . . . . .

S

Authorizing the President to appoint a

Committee on Rules . . . . . . . . . . . . . . . .

61

Tran~mitting the election returns of

Governor and State House officers to

the House of Representatives . . . . . . .

61

Authorizing the doorkeeper to appoint

the usual number of .assistant door-

keepers.... . . . . . . . . . . . . . . . . . . . . .

71

To authorize the messenger of the Sen-

ate to appoint an assistant doorkeeper

for the rear door of the messenger

room..... . . . . . . . . . . .......... .. . . ..

73

To move the rear seats of the Senate

chamber to the front...... . . . . . . . . .

78

To authorize the Secretary of the Sen-

ate to appoint an assistant door-

keeper for the cloak room. . . . . . . . . . .

83

To adjourn from November 5th to the

9th, and the time not to be counted in

the 50 days now allowed by Jaw ..... 85 86 7T

668

I:SDLX.

SENATE RESOLUTIONS-Continued-

A Resolution-To appoint a committee to dsit some

~tate where the Australian ballot

system is usEd .... '.. . . . . . . . . . . . . . 86 91

To appoint a committee to look into

the manner of equalizing taxes in

this State ...... ~. . .

..... ... . .

&2

Providing that the Finance Committees

of the Senate and Honse shall consti-

tute a .Joint Finance Committee ..... 104 1C8

To print 200 copies of the standing

committees of the Senate............ 1C6

Extending to Hon. \\'. A. Dodson the

earnest sympathies of the Senate on

account of the serious illness of Lis

father . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

Authorizing the Hon. C. P. Hansell,

Assistant Secretary, to act as Secre-

tary of the Senate in case the Secre-

tary is absent...................

117

To authorize the President of the Sen-

ate to appoint 6 pages, and the Sec-

retary to appoint 5 porters...... . .

129

To add Mr. E. L. Wight to the ~-\.ppro-

priation Committee..........

132

To appoint a committEe to innstigate

the State Trfasnry. . . .

165 11'\0

To relieve the Marietta Paper Com-

pany... . . . . . . . . . . . . . ............... 173 391

Extending the thanks of the General

~-\.ssembly to Lieutenant Brumby. .

Hl9

Extending the ~ympathies of the Sen-

ate to l\Ir. S. D. Bradwell and Hon.

Wm. Clifton... . . . . . . . . . . . .

223

Extending the sympathies of the Senate

to Hon. W. A. Dcdson.....

223

To make the hour of meeting 10o'clock

instead of 11 . . . .

. ............ 288 315

To pro,ide for the correction of map No.

6 of the official survey of the \\r. & A.

R.H...

. ............ 315 392 433

To authorize the Governor to appoint a

Commission to declare the northern

boundary of the State of Georgia.315 393 43-!



I:o;DEX.

SENATE RESOLUTIONS-Contirwed-

A Resolution-To thoroughly investigate the State

Sanitarium.. . . . . . . . . . . . . ........ 388 4il 512"

To direct the Superintendent of the

Lunatic Asylum to deliver "\Ym.

Schwarz to the authorities of Chat-

ham county ..................... 388 413 434

To appoint a Committee to entertain

the _-\.labama Legislature during their

stay in the City. . . . . . . . . . . . . . . . . . .

421

Extending the privileges of the floor

only to State officials, etc . . . . . . . . . . . 446-

To appoint a Committee to investigate

the head of the Geological Depart-

ment....... . . . . . . . . . . . . . . . . . . . . . . . 587.

Providing that all bills and resolutions

now in the hands of Committees be

returned to the Secretary and go onr

as unfinished business. . . . . . . . . . . . . . . 613

To authorize the Governor to draw hi,;

warrant on the Treasury for $100.00

to purchase a flag for the lld Georgia

Regiment. . . . . . . . . . . . . . . . . . . . . . . . . . 613

To urge the Uo\ernor to retain the

Special Attorney of theW. & _-\.. R. H. 613:

Extending the thanks of t.he Senate to

the Hon. Wm ..\.Dodson.

641

That the Secretary of the Senate be re-

quested to secure a portrait of the

Hon. "\Ym ..\.Dodson.............

648

Extending thanks to the Secretary of

the Senate and his assistants........ 648

That the Secretars of the Senate notify

the Honse that the Senate is ready to

adjourn... . . . . . . . . . . . . . . . . . . . . . . . . . 653

_-\.(~RIUL'"LTL'"HE-
.\ Bill-To require the Conllni><sim;er of .-\.gricnlture to establish a department of Horticulture and Pomology. . . . . . . . . . . . . . . . . . ....... 419 442 523

HOUSE BILLS.
APPROPRIATIONS-
A Bill to appropriate money to pay pensions for 1898 . 184 267 294
A Bill to make appropriation for the ordinary expenses of the Legi,j!lative, Executive and Judicial Departments of the State Government for the years 1899 and 1900 ........................... 409 421 573 577 596
A Bill to make an appropriation to the trustees of the University of Georgia for Technological School ... 510 570 622
BANKS-
A Bill-To provide for the preparation and issuance to banks of this State circulating notes .. 165 181 292 388
To repeal the Act providing that the Bank Examiner shall examine private banks ...... 2H1 238 266
To amend the charter of the Home Loan and Banking (Jompany of Atlanta . . . . . . . .... 158 275 295
To amend the Act incorporating the Bank of the University at Athens ..................... 479 522 558
BONDS OF STATE-
A Bill to pay off and r<'tire bonds of the State as they mature ...................................... 481 516 549
~ODE AMEND:VIENTS-
A Bill-To amend section 2417 of Vol. 2 of the Code of 1895 ...................................... 143 150
To amend section 101 of the Code relative to the election of Justices of the Peace .......... 156 166 186
To amend section 105 of the Code relative to the time and place for election o.f constables. . . . . 156 166 248548
To amend section 698, Vol. 3 of Code of 1895.157 205 212 To amend section 765, Vol. 3 of Code of 1895.157 166 187 To amend section 398, Vol. 3 of Code of 1895 .158 167 170
214 316

INDEX.

671

<JODE AMENDMENTS-Continued-

A Bill-To amend section 2250 of the Code of 1895.184 206 214 To repeal sections 2253, 2254, 2255, 2256, 2257, 2258, 2259, 2260 of the Code of 1895 ........ 184 206 214 To amend section 2185 of the Code of 1895...... 406 473 To amend sections 1778 and 1781 of the Code of 1895 relative to stock law in militia districts.. 406 To amend sections 5315, 5316 of the Code of 1895 478 511 547 To amend section 5315 of the Code of 1895 .. .479 529 548 To amend section 431 of the Code of 1895. . . . . . . 507 582 To amend section 815, vol. 3 of the Code of 1895 508 583 To amend section 1642, vol. 1 of the Code of 1895. 508 569 631 To amend section 5462 of the Code of 1895. . . . . . 511 552 633 634 To amend section 2334 of the Code of 1895 ... 541 567 623 To amend section 1916 of vol. 2 of the Code ..... 542 633 To amend section 3244 of the Code of 1895 ...... 542 641 To amend section 1700 of the Code .......... 542 568 633 To amend section 982 of the Code of 1895 . . . . . . . 543 635

<()01\E\IISSIONERS, COUNTY- .
A Bill-To amend an Act creating a Board of Commissioners of Roads and Revenues for Houston -county .................................. 156 166 186
To create a Board of Roads and Revenues for
the county of Twiggs .................... 157 167 214 To amend the Act creating the Commissioners
of Roads and Revenues in Glynn county. 194 216 350 To compensate the Board of Commissioners of
Roads and Revenues for Burke county ... 230 252 266 To creat-e a Board of Commissioners of Roads
and Revenues for the county of Columbia 333 353 401 To provide a Board of Commissioners of Roads
and Revenues for Oconee county ......... 336 379 403 To amend the act creating a Board of County
Commissioners of :Monroe county........ 339 353 366 To repeal an Act creating a Board of Commis-
sioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so far as the same relates to Thomas county ....... 407 423 446 'To provide for a Board of Commissioners of Roads and Revenues for Thomas county ......... 407 423 447

672

I~OEX.

CO:\DIISSIONERB, COU~TY-Continued-

A Bill-To repeal the c\ct creating the Board of Com-

missioners of Roads and Revenues for Union

county . . . . . . .

. .................. 419 513

To change the manner of selecting the County

Commissioners of Brooks conn ty. . . . . . . . 442 483 520

To amend the .\ct creating the Board of Com-

missioners of Roads and Revenues for Bald-

win county. . . . . .

. . . . . . . . . . . . .445 481 614

To amend the .\ct creating a Board of Commis- .

sioners of Roads and Revenues for Spalding

county

......... .......

. .. 465 566 614

To create a Board ot' Commissioners of Roads

and Revenues for the county of Dade ..... 467 527 551

To amend the Act creating a Board of Commis-

sioners of Roads and Re,enues for the county

of Washington

................. 468 527 552

To create a Board of Commis:<ioners of Roads

and Re\enues for the county of Butts ... 468 526 616

To create a Board of Commissioners of Roads

and Re\enues ft~r Douglas county..

480

CO~STITUTIOX .\L .L\IE.:\D)IEXTS-
.\Bill-To prodde for change of \"enue in certain civil cases under article 6, section 17, paragraph 1 of the Con><titution of Georgia ......... 273 296 317

()( l:-<TS .-\ND FEES-

.\ Bill-To provide compensation for juror,; in forcible

t>ntry and detaint>r cases .

165 185 :!Iii

To repeal certain parts of an Act to provide for

the payment of certain insolvent costs in the

Northern .Judicial Circuit ................... 337 530

To repeal an Act prodding for the payment of

certain insohent costs in the Northern .Judi-

cial Circuit

.............. 337 5311

To limit and regulate the payment of insohent

costs of the sheriff of Richmond county ... 466 528 550

To limit the pay111Pnt of insolvent costs to the

Clerk of the City Court of Richmond coun:,y .. 466 5:!8

550

To regulate the payment of f'ePs to attor-

nPys and recPivPrs. etc.

480 525 624

T~DEX.

673

COUNTY AND COUNTY MATTERS-
A Bill to regulate arid control the expenditure of county funds in Monroe county .......... 510.564 632

COUNTY OFFICERS-
A Bill-To prohibit in Chatham County the holding of more than one office by one person at any one time.. . . . . . . . . . . . . . . . . . . . . . . . . . . .... 231 251 265
To repeal the .Act consolidating the office of the Clark of the Superior Court and Treasurer of Columbia county . . . . . . . . . . . . . . . . . . . . . . 273 291 401
To repeal an Act providing for the payment of the insolvent costs of the justice of the peace, notaries public and constables of Hancock county . . . . . . . . . . . . . . . . . . ............... 337 421 437
To amend the Act to give to the county commissioners and judges the right to lay out and discontinue roads ........................ 444 483 544
To amend section 98 of the Code, which fixes the terms of county .officers .............. 469 516 549
To fix the term of county solicitor of Pulaski .county .................................. 477 526 557

COURTS, CITY-

A Bill-To provide for the election of Judge and Solic-

itor of the Criminal Court of Atlanta by the

people . . . . . . . . . . . . . . ................ 136 185 200 567

To provide for the election of Judge and Solie-

. itor of the City Court of Atlanta by the

people . . . . . . . . . . ...................... 136 185 201

To establish a City Court in Dawson . . . . . .. 183 205 213

To amend an Act establishi!lg a City Court in the

county of Floyd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354

To establish the City Court of Swainsboro, in

';

the county of Emanuel .................. 441 481 519

To abolish the City Court of DeKalb county .444 482 516 To alter and amend the Act est~blishing the

City Court of Gwinnett county ........... 477 566 615

To establish the City Court of Clarksville, in the

county of Habersham .................... 478 513 615

To amend the Act establishing the City Court

of Hall county . . . . . . . . . . . ............. 509 559 619

674

IYDEX.

COURTS, COUNTY-
To abolish the County Court of Terrell county ................................... 183 205 213
To fix the salary of the Judge of the County Court of Marion county . . . . . . . . . . . . . . . . . 338 353 403

COURTS, SUPERIOR-
A Bill-To change the time of holding the superior court of Dodge county .................. 157 167 187
To require judges of the superior and city courts of this State to decide all motions for new trials in certain lengths of time ..... 272 297 317
To fix the time for holding certain courts in the Southwestern Judicial Circuit ....... 442 483 521
To authorize the judges of the superior courts to grant charters to corporations at Chambers in certain cases .................... 443 511 559
To authorize the judges of the superior courts to fill vacancies in commissioners of roads and revenues in certain instances ........466 528 543
To change the time of holding the superior courts in the counties of Dougherty, Mitchell, 'Vorth, Decatur, Calhoun and Miller.540 576 624
To change the time of holding the fall term of Irwin superior court .................. 542 .577 634
ELECTION AND ELECTION LAWS-
A Bill-To provide and fix the hours of ke!lping open polls at precincts in incorporated towns .. 228 250 399
FERTILIZERS-
A Bill-To require all persons offering for sale cottonseed meal or hulls to have the weight printed on same .......................... 144 217
A bill to amend an Act providing for three grades of commercial fertilizers ......... 184 216 469
To amend and consolidate the laws governing the inspection of fertilizers ..............543 564 635
HUNTING AND FISHING-
To cede to the United Sta.tes certain lands in Meriwether county, to establish a fishery on 89 106 108
To prevent the baiting or killing of doves in this State . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 158 167 198

J)I'OEX.

675

LIQUOR LAWS-
A Bill-To make it unlawful for any person to manufacture any intoxicating liquors in Talbot county 319 341 396
To regulate the sale of liquor in the county of 1\Iitchell through Dispensaries. . .......... 443 482 520
To submit to the qualified voters of Troup county whether or not spirituous liquors shall be sold in said county ............................... 445 526
To establish a Dispensary in Newton county .467 52.7 550 To prohibit the manufacture of intoxicating
liquors in Newton county ........ .........467 527 551 To prohibit the manufacture of spirituous liquors
in the county of Butts ................... 468 526 616 To prohibit the sale of wines within two miles
of the Court House of Alpharetta ....... .479 526 616 To establish a Dispensary in Comer . . . . . . . 524 559 591

MISCELLANEOUS CORPORATIONS-
A Bill to provide for incorporation of Trust companies and to define their rights and powers ...... 52.5 566 632
MISCELLANEOUS BILL8-
A Bill-To extend the operation of the laws of Georgia applicable to Charitable Institutions for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 353 399
To provide for the paying of wages to widows of employees of corporations ................. 182 206 213
To prohibit creditors from sending out of this State accounts against employees of corporations for collection .................... 183 233 249 260
To make permanent the income of the University of Georgia. . . . . . . . . . . . : . . . . . . . . 230 379 400
To make it unlawful to di>charge firearms on Sunday except in d~fense of person or property . . . . . . . . . . . . . . . . . . . . . . . .............. 255 275 292
To fix the boundary line between the States of Georgia and South Carolina.... . . . . . . .... 334 446 470
To authorize the St. Lukes Methodist church of Columbus to borrow money.............. 335 354 402
To establish a State Board of Embalming ... .468 513 632 To exclude from the village of Summerville the
lands of Mrs. M. B. Wright .............. 477 565 618

676

INDEX.

MISCELLANEOU~ BILLS-Uuntinued-
A Bill-For the protection of labels, trade-marks, etc ... 481 528 548
To require all claimants of land sold under wild land tax ji. jet. to make claim for same .... 508 570 630

MUNICIPAL LAW8-
A Bill-To amend sections 4 and 5 of an Act incorporating the city of Elberton . . . . . . . . . . . . . . . . . . 135 166 186
To amend the charter of the city of Fitzgerald in Irwin county ......................... 145 148 159
To amend the charter of the town of Loganville in Walton county ........................ 145 167 187 To incorporate the town of Thomasville .... 182 205 21!! To amend the charter of the city of Atlanta ... 183 404
415 To amend an Act relative to the powers of the
mayor and council of Savannah . . . . ..... 194 206 215 To extend and define the corporate limits of the
city of Savannah ........................ 194 405 416 To authorize the Mayor and Aldermen of Savan-
nah to condemn land . . . . . . . . . . . . . . . . . . . . 194 353 400 'fo authorize the city council of Augusta to fix
penalty for failure to make tax returns in said city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 251 259 To authorize the city council of Augusta to impose a penalty for failure to pay for water used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 296 318 To amend the charter of the city of Macon. 229 250 259 To authorize the mayor and council of the town of Cochran to maintain a system of waterworks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 251 266 To amend the charter of Leesburg ..... 230 275 291 549 To amend the charter of Valdosta.... . . . . 230 291 332 To repeal 'the Act creating the office of Commissioner of Public Works for the city of Savannah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 276 295 To repeal the Act creating a Board of Water Commissioners for the city of Savannah .. 231 251 265 To repeal an Act entitled an Act to create a Board of Police Commissioners for the city of Savannah ................................ 232 251 265 To repeal an Act entitled an Act to create a Board of Fire Commissioners for the city of Savannah ................................ 232 275 295

INDEX.

677

MUNICIPAL LAWS-Continued-
A Bill-To repeal an Act entitled an Act to create a Board of Commissioners of Tax Assessors and Receivers for the city of Savannah.... 232 275 295 333
To authorize the city council of Augusta to enforce the collection of all costs and fees due said city...... . . . . . . . . . . . . . . . . . . . . . . .. 232 296 318
To authorize the mayor and council of Newnan to establish a system of drainage . . . . . . . 254 341 399
To amend the charter of the city of Dawson 255 297 317 To incorporate the town of Edgewood . . . . 273 291 333 To fix the time for the election of all city officers
to be elected by the City Council of Savannah . . . . . . . . . . . . . . . . . . . . . . . . . ........ 273 341 400 To amend the Act incorporating the town of Lumpkin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 342 357 To provide for a new charter for the town of Clarkston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 341 397 To authorize the City Council of Augusta to change the location of the dam across the Savannah river at Augusta .............. 334 354 401 To authorize the City Council of Augusta to grant a certain portion of Walker street to construct a depot ........................ 335 405 415 To authorize the City Council of Augusta to fix the number of its members to constitute a quorum .................................. 335 406 416 To amend the charter of the town of Sharpsburg, m Coweta county . . . . . . . . . . . . . . . . . . . . . . . . 335 380 402 To incorporate the town of Sylvester, in the county of Worth ..................... , ... 336 405 416 To authorize the City Council of Washington, Ga., to issue bonds to the amount of $30,000 336 380
544
To amend the charter of Ocilla, in the county of Irwin .. .. .. .. .. .. .. .. .. . .. . ... ........ 336 380 397
To provide that the City Council of Augusta shall not be required to use its common seal in making and establishing by-laws ...... 337 379 403
To authorize the City Council of Augusta to exclusively fix within prescribed limits all fines and punishments for violation of its laws ..................................... 338 405 417
To amend section 4 of an Act incorporating the city of Waynesboro ...................... 338 405 417

678

I SilEX.

MUNICIPAL LA'VS-('mztilwtd-

A Bill-To amend the 20th section of an Act in.~orpora-

ting the town of Eastman ................ 338 405 417

To amend an Act to alter and amend the sev-

eral acts granting corporate authority to the

town of Sparta .......................... 354 411 418

To amend the charter of the city of Bruns-

wick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 430 558

To provide for and regulate municipal elections

in the city of Savannah ................ 381 412 418

To provide for the registration of voters to vote

at municipal elections in sa,annah ...... 381 412 419

To amend the charter of the town of Harmony

Grove, in the county of Jackson ......... 407 423 447

To amend the charter of the city of l\larietta. 442 482 519

To amend the charter of t)1ecityof Augusta .443 482 520

To amend the Act incorporating the town of

Lyerly, in Chattooga county ............ .443 482 518

To repeal the Act incorporating the town of

Bremen and to enact a new one, .......... 444 483 519

To establish a new charter for the town of Lees-

burg in Lee county..... . . . . . . . . . . . . . . . . . . . 466 529

To provide for a new charter for the town of

Tennille. . . . . . . . . . . . . . . . ................. 467 527 551

To amend an Act incorporating the town of Jack-

son in the county of Butts ............. 478 512 552

To amend the charter of the town of 'Vashing-

ton, Ga. . . . .

. . . . . . . . . . . . . . . . . . 484

To amend the charter of the city of Monroe .. 508 565 619

To amend the Act incorporating Griffin ...... 509 566 620

To establish a system for working the streets of

Milledgeville ............................ 509 '567 620

To incorporate the town of Camak........... 510 559 614

To amend the Act e~tabli~hing a charter for the

city of Griffin ............................ 510 565 615

To incorporate the town of Pavo ............. 524 565 620

To repeal section 4 or an Act incorporating the

town of Warsaw ........................ 525 565 621

To amend the Act incorporating Augusta to im-

prove the roads ........................... 525 566 619

To repeal the present charter of the town of

Hillman and to create a new one ......... 543 576 615

INDEX.

679

PENSION LAWS-
A Bill..-To amend section 1262 of the Code relative to pension of Confederate widows... . . . . . . . . . 381
To amend section 1250 of volume 1 of the Code providing who pensions shall be paid to. . . . . 381

PRACTICE-
A Bill-To amend the Act relative to the admission to the Bar.. . . . . . . . ........................ 469 525 558

PRISON COMMISSION-
A Bill-To provide for the maintenance and support of the Prison Commission ............. .478. 528 583 605

RAILROADS-
A Bill-To permit the State, as owner of the NorthEastern Railroad, to be sued ............ 509 568 632

SCHOOLS-
A Bill-To amend the Act establishing a system of public schools in the town of washington, Ua . . . .. . . .. . . . . . . . . . . . . .. . .. . . . . . . . . . . . 334 380 402
To provide for a system of public schools for the town of Clarkston . . . . . . . .......... 355 411 418
To P.stablish a system of public schools for the city of Tifton ........................... .465 567 613
To give the county boards of education power to regulate the school terms ........... .469 564 591
To authorize the graduates of the normal department of the Georgia Normal School to teach in the common schools of this State without being examined . . . . . . . . . . . 524 570 630
To provide for the payment of school-teachers of this State monthly . . . . . . . . .......... 541 576 625
To authorize the Trustees of the State University to operate a summer session . . . . . . . . . . 542 569

TAXEs-
A Bill-To regulate the settlements of tax-collectors for railroad taxes in this State and to fix their compensation ........................ 272 341
To levy and collect a tax for the support of the State government .......... 425 442 592 596 601

680

INDEX.

T AXE8-Continued-
A Bill-To relieve 0. W. Linder, ex-tax-collector of Laurens county..........................444 482 523
To prescribe a uniform tax receipt for tax-collectors ............................. ~ .... 507 570 630

HOUSE RESOLUTIONs-

A Resolution-To convene in joint session for the pur-

pose of opening the returns of the

State election and declaring the result

10

Convening the General Assembly. in

joint session to elect Judges and

Solicitors-General . . . . . . . . . . . . . . . . . .

78

Inviting Hon. Daniel C. Gilman and

Hon. Wm. L. Wilson to address the

General Assembly. . . . . . . . . . . . . . . . . . .

88

Thanking Hon. W. J. Northen for dis-

tinguished services rendered at the

Omaha Exposition ............... 104 109 110

Inviting Hon. F. G. DuBignon to ad-

dress the General Assembly. . . . .

104

Requesting the Governor to furnish to

the General Assembly a statement of

the financial condition of the State. . 105

To ascertain the condition of the State

Treasury on the 1st of November, 1898 115

To appoint a Committee to prepare

resolutions upon the death of Hon.

W. T. Jones of Dougherty county . . . . 118

Inviting the Hon. Geo. F. Barnes toad-

dress the General Assembly on the

Nicaraguan Canal . . . . . . . . . . . . . . . . . . 138

Appointing a Committee to visit the

State University, Georgia Normal

School and other institutions ........ 144 153

To appoint a Committee to investigate

the office of State Geologist. . . . . . . . . 146

To appoint a Committee to investigate

the Geological Survey. . . . . . . . . . . . . . . 151

Endorsing Jas. H. Blount, Jr.......... 166

To appoint a Committee to investigate

the controversy between Commis-

l:lioner of Agriculture and Dr. Payne 195 264

ISDEX.

681

HOUSE RESOLUTION-Continued-

A Resolution-Instructing our Senators and request-

ing our Representatives in Congress

to use their efforts in the furtherance

of the completion of the Nicaraguan

Canal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 293

To authorize the special committee ap-

pointed to investigate the State

Treasury to employ an expert ac-

countant............. . . . . . . . . . . . . . 24S

To appoint a joint committee to inves-

tigate the operation of the North

Eastern Railr~ad Company ...,. . . . . . .

200.

To pay pension to the widow of ,J. W.

Willoby of Forsyth county, for the

year 1898 ....................... 255 274 292

To provide for the payment to Mrs.

Anna E. Branch certain moneys in

the Treasury ........................ 274 531

To authorize the Governor to decorate

the Capitol in honor of the President. 304

To appoint a committee to confer with

the Governor relative to the enter-

tainment of the President . . . . . . . . .

344

To return to the House, House Bills

Nos. 127 and 128, which were trans-

mitted through mistake . . . . . . . . . . . 38S.

To convene the General Assembly in

joint session at 1 o'clock on Decem-

ber 14th, 1898, to receive the Presi-

dent and his party . . . . . . . . . . . . . . . . . . 406

For the relief of George C. Hall and

Joel T. Thornton as sureties on the

bond of Gene Williams. . . . . . . . . . 445 483 516:

In regard to the marking of Confeder-

ate soldier!!' graves who died in

Northern prisons. . . . . . . . . . . . . . . . 445 568 631

To authorize and direct the Superin-

tendent of the Lunatic Asylum to

turn over Roxie Ann Long to the au-

thorities of Bryan county ...... 479 529 547

To refund to Charles J. Dougherty the

sum of $100.00 .................. 480 515 546:

To authorize the Governor to borrow

money . . . . . . . . . . . . . . . . . . . . . . . . . . 480 515 545

44>j

'682

IXDEX.

HOUSE RESOLUTION8--Cu111i11>tPd-

~\ Resolution-To provide for tl1e payment of two ex-

tra Assistant Doorkeepers for th(c'

House . . . . . . . . . . . . . . . . . . . . 481 529 5S3 621

To appoint a committee to prepare a

measure looking to the reyision of thl:'

tax laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524

To pay Hon. W. T. Jones any balance

due him ........................ 540 569 626

For the relief of Jas. R. CraYens of

Catoosa county ................. 540 lftl9 629

For the relief of A. l\1. Hill of Wal-

ton county ...................... 541 568 62i

Thanking the Hon. Byard l\1. Fowler

for services rendered at the Omaha

Exposition. . . . . . . . . . . . . . . . . . . . . . 541 568 631

Expressing appreciation of President

McKinley's address . . . . . . . . . . . . . . .. . 545

To provide for the bringing up of the

unfinished business of the present

session . . . . . . . . . .

. . . . . . . . . . . . . 54i

To pay the pension of 0. F. Johnson of

Oconee county..........

55i 569 6:26

Regretting that the committee failed

to meet the ~\labama Legislature . . .

57i

To authorize ~Ir. "' H. Harrison to

publish the ~\cts of this General As-

sembly.......................

. . 522 62R

To require the Secretary of Senate and

Clerk of House to mail to each mem-

ber a statement of the unfinished

business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6:29

To appoint committees to Yisit the dif-

ferent educational institutions of the

State . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629

That all bills not finally dh;posed of

shall go over as unfinished busines;. .. 629

Extending sincere gratitude to l\Ir.

Aaron French.............. .

645