Journal of the House of Representatives of the State of Georgia at the session of the General Assembly at Atlanta, January 12, 1876

JOURNAL.

ATLANTA,GEORGIA, } January 12, 1876.
. In accordance with the Constitution and laws of this State, the House of Representatives, this day convened in .annual session, was called to order by the Speaker, the Hon. Thomas Hardeman, and opened with prayer by Rev. John Jones, the Chaplain.
The roll was called and a quorum found to be present.
The following newly elected members appeared, were qualified and took their seats, to-wit:
From the county of Cobb, Hon. David Irwin. From the county of Wilkes, Hon. Christopher Binns. From the county of Haralson, Hon. J. K. Humber.
Mr. Shewmake offered the followed resolution which was agreed to, to-wit :
Resolved, That the Clerk of the House of Representa- tives inform the Senate that a quorum of the House is pre!l- ent and ready to proceed to business.
Mr. Shewmake also offered the following resolution, which was agreed to, to-wit:
Resolved, That a committee of three be appointed by the Speaker to join such committee as may be appointed by the Senate, to wait upon the Governor, and inform him that a quorum of both branches of the General Assembly is present, and will receive any communication he may desire to make to them.
The commi~tee appointed by the Speaker under the foregoing resolution, are Messrs. Shewmake, Pitman and H utchenson.


_,
-:
..

4

JouRXAL OF THE HousE

The following message was received from the Senate through Mr. Murphey, the Secretary thereof:
Mr. Speaker: I am directed to inform the House of Representatives that
the Senate has convened with quorum and is ready to proceed to business.
Mr. Turnbull offered the following resolution, which was agreed to, to-wit :
Resolved, That the Speaker of the House be authorized to appoint an additional Page for the House, if in his discretion, it may be deemed necessary.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof:

.liir. Speaket : The Senate has concurred in a resolution of the House
of Representatives appointing a joint committee to wait on his Excellency the Governor, and notify him that there is a quorum of both branche!5 of the General Assembly present and ready for business ; and upon the part of the Senate, have appointed Messrs. Kibbee and Gilmore.
The following message was received from his Excellency the Governor, through Mr. Warren, his Secretary, to-wit:

.Mr. Speaker: I am directed by his Excellency the Governor, to de-
liver to the House of Representatives a communication in writing, with accompanying documents:
The message of his Excellency the Governor, was taken up and read; and is as follows, to-wit:

EXECUTIVE DEPARTMENT, STATE OF GEORGIA, }
Atlanta, Ga., jamuiry 12, I 876.
To tlu Getural Assemhly :
In the discharge of my duty, under the Constitution, I proceed to inform the General Assembly of the state of

JANUARY 12, 1876.

5

the Commonwealth, and t~ recommend to their consideration the measures that are deemed necessary and expedient.
In consequence of the vacancy in the office of State Treasurer, which occurred on the 26th day of November last, no formal report of the operations of the treasury during that period, of the last fiscal year ending on the day just named, has been received for transmission to the General Assembly. It devolves upon me, therefore, to present in this communication a full and particular statement of the affairs of the treasury during the period mentioned.
STATE TREASURY.
By a joint resolution of the General Assembly, passed at the last session, the Governor was directed to appoint a ''skillful and competent person to assist the Treasurer in systematizing the manner of book-keeping in his office; to make out a full and complete registration of all bonded obligations in the treasury ; to ascertain, if possible, all the outstanding obligations recognized as legal or illegal by the State; to report to the General Assembly a tabulated statement of the same," and to do whatever else was necessary ''to protect the interest of the State in the conduct of the business of the office."
Under the authority of th.is resolution I appointed James F. Bozeman, who entered upon the discharge of his duties on the 22d day of March last. Mr. Bozeman has prepared and submitted a full report of the results of his investigations, which is herewith respectfully transmitted for the information of the General Assembly.
By reference to the tabulated statement accompanying the report it will be seen that the valid bonded debt of the
State amounts to $8,005, soo. The whole amount of out-
standing bonds of the State declared null and void by legislative enactments is $2,872,000. The amount of bonds classed by Mr. Bozeman as "invalid" is $473,2 50. The outstanding past due bonds of the State amount to $35,500. Of these, it has been ascertained that $12,500

6

} OUR::\'AL OF THE HOUSE

are in the possession of Messrs. E. P. Scott & Co., of New York; $8,ooo in the hands of E. L. Hayes, of the State of Rhode Island, and $IJ,OOO are either in the possession of parties unknown, or have been lost or destroyed. A full descriptive list of these bonds has been made and recorded in a book prepared for the purpose. The report shows that the amount of past due bonds legally outstanding is very small.
Books of record have been opened, in which all the recognized and valid current bonds of the State, as well as all the overdue and paid bonds found in any quarter whatever, have been carefully registered. A book has also been prepared for the registration of such bonds as shall be hereafter issued.
Under an Act approved December I I, 1858, entitled "An Act to provide for the education of the children of this State, and to provide a sinking fund for the extinguishment of the public debt," $350,000 of bonds were prepared and placed in the custody of the Secretary of State. I would respectfully suggest that the public interest does not require that these bonds should be longer kept, and it is therefore recommended that they be destroyed. I also recommend that the $268,000 of 7 per cent. currency bonds, numbering from 1 to 268, inclusive, now deposited in the treasury as security for the school fund, be destroyed. These bonds were deposited as a pledge for the replacement of $242,027.62 of the school fund taken on the 6th day of August, 1870, by authority of the Legislature, and applied to the payment of legislative expenses. It is not probable that the school fund will be materially increased by this deposit of bonds. They should, therefore, be destroyed.
The second section of a.n Act entitled ''An Act to set apart and secure the school fund," approved July 28, 1870, is as follows :
''That, from time to time, without delay, as definite

JANUARY 12, 1876.

7

amounts are ascertained by the Comptroller General to be due said fund, he shall report the same to his Excellency the Governor, who shall thereupon deposit with the Treasurer 7 per cent. bonds of the State to such an amount as will perfectly secure the school fund."
Under this section one hundred and fifty 7 per cent. currency bonds of $1,000 each, dated May 1, 1872, and due July 1, 18gz, were prepared for execution in the Summer of 1872. They were never executed, however, because it was feared that a compliance with this law would injure the public credit. Never having been executed and issued, or even deposited, as directed by the Act, they do not form any portion of the public debt of the State.
It is also shown by the report that an amount of 6 per cent. bonds, not exceeding $375,000, was executed, probably in the year 1854, for the purpose of being exchanged for the outstanding bonds of the Central Bank. For some reason these bonds were never issued, but remained in the treasury vault at Milledgeville until November, 1864, when, it is supposed, they fell into the hands of the Federal troops. A rumor exists that attempts have since been made to put them in circulation in a Western State. For the protection of the public against fraud and imposition, I recommend that appropriate action be taken, declaring these bonds null and void.
The attention of the General Assembly is especially invited to that portion of Mr. Bozeman's report which refers to the State bonds redeemed by Henry Clews & Co., as former financial agent of the State. It is shown that in the years 1870 and 1871 this agent redeemed bonds of the State amounting to $272,250, of which $g8,250 were afterwards canceled. The remaining $ 174, 000, together with $800,000 of void currency bonds, and 15,000 of sterling bonds, which had also been redeemed, were, on the 13th day of December, 1873, sold by the said agent at public auction, in New York, on one day's notice. At the

8

JouR~AL OF THE HousE

sale the $174,000 of bonds mentioned were nominally bid
off as follows, viz: $156,000 by J. D. Hayes; $12,500 by
the Misses Clews (said to be sisters of Henry Clews), and $5,000 by Messrs. Chittenden & Hubbard. The amount realized from the sale of these bonds was $18,625. The sterling bonds, and the void currency bonds mentioned, were also disposed of for a trifling sum.
It cannot be doubted that this pretended sale was a mere device resorted to for the purpose of obtaining a color of right for placing these already redeemed securities a second time upon the market. After the sale they all went back into the control of Henry Clews & Co., and it is alleged that, early in the Spring o( 1874, a portion of the same bonds, amounting to $149,250, was presented at the treasury of Georgia and again redeemed by the late Treasurer.
It has not yet been ascertained when or by whom these bonds were thus presented for payment. The late Treasurer himself declares his inability to give any information whatever upon these points. He represents that no written entry or memorandum, throwing any light upon the subject, was made by him. He further professes to be entirely unable to recall any fact which would serve as a clue to the person or persons who presented these bonds for payment. His possession of them seems to be the only evidence within his knowledge showing that he redeemed them. In addition to the principal of the bonds, the late Treasurer claims that he also paid interest thereon, accruing after maturity, amounting to $24,782.15. This alleged payment of interest is not verified by proper vouchers, nor is the Treasurer able to state, from memory or otherwise, to whom the same was made.
In addition to the foregoing, it would seem, the late Treasurer also redeemed a second time other bonds of the State, amounting to a large sum. On the 8th day of January, 1873, Alton Angier, clerk in the treasury, received from the Fourth National Bank of New York $21,500 of

JANUARY 12, 1876,

9

uncanceled bonds, which matured in June and July, 1872, and in January, 1873. These bonds had been redeemed by the bank, as agent for the State, by exchanging therefor new 7 per cent. bonds, issued under the authority of the Act approved January 18, 1872. Mr: Angier states that he brought the bonds from New York and placed them in the vault of the treasury. It should be here remarked, however, that no entry of the redemption of these bonds was made on the records of the treasury either by the Treasurer or his clerk. The then Treasurer went out of office shortly after the bonds had been received in New York by his clerk, but failed, it seems, to take any receipt showing the delivery of them to his successor. The latter denies that the bonds were turned over to him by his predecessor, and claims that he redeemed them in good faith after he came into office. It is proper to state that he does not remember from whom they were redeemed, nor does he recall any circumstance from which the fact of their redemption by himself can be ascertained. He also claims that he paid interest on these bonds amounting to $1,080.
The ascertained amount of the alleged payments made by the late Treasurer, in second redemption of bonds, was $1g6,612. 15, a particular statement of which is presented in the accompanying documents.
Before passing from this subject, it is proper to state that in the latter part of the year 1874 the Treasurer obtained warrants in his favor for the amount of the alleged payments mentioned. The payments themselves had been made before the warrants were applied for, and without the knowledge of the Executive. It is not intended by this statement to imply that the special consent of the Executive is required to authorize the Treasurer to redeem the principal and interest of the public debt. Each outstanding bond, and coupon also, when properly signed, is itself a lawful warrant upon the treasury, which it is the duty of the Treasurer to pay upon presentation at maturity.

10

JoURNAL OF THE HOUSE

Paragraph XI, section g2, of the last Revised Code of the State, is in the following words : ,
"When he (the Treasurer) pays the interest or principal of the State debt, upon a warrant issued in his favor, he shall deposit in the Executive office coupons or bonds, on which the payments are made, there to be marked 'paid' and filed away, subject to the order of the General Assembly."
Section 955 of the Code is in the following language:
''When bonds or coupons are paid, they must be stamped as paid, and preserved in the Treasurer's office with the same care as the funds of the State."
The first section is a codification of the Act of 1845. The second was introduced by the Code of 1863, and materially changed the old law. The first does not require the redeemed bond or coupon to be canceled until after the same is presented by the Treasurer for an Executive warrant. The second requires the cancellation to be made at the time the bond or coupon is paid: The first implies that the cancellation should be made under the direction of the Governor; the second that it must be made by the Treasurer at the time of payment. The first provides that, after the Executive warrant has issued, and the redeemed bonds or coupons have been marked "paid" or canceled, they shall be "filed away" in the Executive office. The second prescribes that, after payment and cancellation, they shall be "preserved in the Treasurer's office, with the same care as the funds of the State."
Under the law, as it now stands, the Treasurer is clearly the custodian of the redeemed bonds and coupons of the State. It has been the usage, when the Treasurer applies for a warrant to cover the payment of bonds or coupons, for the Governor to cause such bonds or coupons to be carefully counted by one of the Secretaries of the Executive Department. \Vhen the count, which frequently con-

JANUARY 12, 1876.

11

sumes many days, is completed, the vouchers are sealed up in a package, and a memorandum of the contents and amount is endorsed thereon. A warrant, based upon this memorandum, is then issued in favor of the Treasurer, and the package itself remains in the Treasurer's office, "subject to the order of the General Assembly." The warrant thus issued, it will be borne in mind, is not intended to give authority to draw money out of the treasury. Its only effect is to certify that the Treasurer is entitled to credit on the books of the Comptroller General for the amount stated in the warrant. The allowance of such credit, however, is not intended to conclude the right of the State to reopen the transaction for the correction of any error that may have been committed. It is proper here to observe that the usage just mentioned was conformed to, in every respect, when the warrants covering the improper payments referred to were issued. No suspicion had then arisen that the Treasurer was not entitled to the whole amount of the credits claimed by him.
I recommend a careful revision of all the laws governing the State Treasury, and that such amendments thereof be made as will guard more effectively the public interest. The law itself should require that itemized monthly reports of the condition and transactions of the treasury be submitted to the Governor, and the information contained in these reports should be, in his discretion, from time to time, given to the public. The law should create a lien in favor of the State upon all the property of the Treasurer and of his sureties, from the date of the execution of his bond. Provision should also be made for the issue of execution against a defaulting Treasurer and his sureties, without the intervention of suit, as is now allowed in cases of Tax Collectors and Receivers.
The report of the Treasurer, submitted at the last session of the General Assembly, showed a balance in the treasury, on the 1st day of January, 1875, of $1,003, 128.88.

12

-}ot.:RNAL OF THE HoGSE

The amount received into the treasury from all sources

from that time to the 25th day of November, 1875-the

date ofthe Treasurer's removal-was$1,287,277-37 This

sum, added to the balance on hand on the 1st day of Jan-

uary, 1875, amounted to $2,290,406.25. With this gross

amount the Treasurer stood charged at the time of his

removal from office. The aggregate amount of his dis-

bursements in the year 1875, as the same appears in the

Comptroller General's books, was $810,401.79 This sum,

deducted from the gross amount with which he stood

charged, left a cash balance against him at the time of his

removal of $1,480,00446. The amount of disbursements

just stated includes only the payments made under Execu-

tive warrants. In addition to these, the late Treasurer

claims that he is entitled to a large amount of credits for

which no warrants were issued. To the following state-

ment of the items of credit thus claimed, the attention of

the General Assembly is respectfully invited.

On the 24th day of June, 1875, the Treasurer presented

his account for interest paid upon the public debt in the

year 1874. This account consists of the following items:

S per cent. courons for interest clue October 1, 1873............ $46,360 00

8"

"

April 1, 1874. ...... ...... ... 47,210 00

8

October 1, 1874...... ...... 44,690 00

7

on or before Jan. 1. 1875 259,700 00

7"

on bonds issued under

Act .January 18, 1872.................. ........................ 39,007 50

6 per cent. coupons for interest clue on and before February

1, 1875............................................................... 62,145 00

7 per cent. on gold coupons, due on or before October1, 1874 99,207 50

:Miscellaneous coupons for interest on past clue bonds, etc.... 34,207 50

Aggregating...................................................... $632,527 50
Of the coupons last mentioned, $6,645 matured at dates prior to January, 1873, and, in some instances, as far back as the year 186r. The records in the Treasurer's office show that the bonds to which some of these coupo~s pertained were paid at dates varying from seven to sixteen years ago. After the year 1868, the State paid the interest

JANL'ARY I 2, I 876.

13

on her old bonds, from which fact the presumption arises that these coupons were paid prior to January, 1873, the date of the late Treasurer's accession to office. In many instances the dates of maturity are carefully and ingeniously clipped, or punched, from these coupons in a manner strongly suggestive of a doubtful claim. A portion of them had been twice canceled, and the records in the Treasurer's office indicated that many of them had been paid by a former Treasurer. In many instances, original entries of payment on the records, in the handwriting of a former Treasurer, are altered and overridden by second entries in the handwriting of the late Treasurer. A further suspicion of the validity of these coupons was raised by the admission of the Treasurer, frequently repeated, that portions of them were not proper credits, and had probably been gathere i by his clerk from the sweepings of the vault, and carelessly placed among his vouchers.
Objection was made also to allowing the $93,570 of 8 per cent. coupons presented, as already stated, with the Treasurer's account. These coupons represented all of the first year's interest upon the whole issue of 8 per cent. bonds, except $41,000. It was a fact within my own knowledge that a large amount of these bonds was not disposed of until after the first coupon for the semi-annual interest thereon had matured. It was hence reasonably inferred that when they were sold, the matured coupons pertaining thereto were cut off and retained by the Treasurer. No amount of coupons so cut off and retained was reported, however. It was not doubted that the Treasurer was entitled to credit for a large amount of this interest, but no data were furnished from which this amount could be ascertained. His books ought to have furnished the desired information, but no full account of the sales of bonds was submitted. Neither his written nor verbal explanations furnished any satisfactory evidence of the specific amount of credit to which he was entitled. In

14

} OURNAL OF THE HOUSE

the absence of this information, it was manifestly improper to assume a fixed amount ; and hence, this whole item was held up for further investigation. I respectfully submit herewith, for the information of the General Assembly, a particular statement of the coupons so disallowed, and of the Treasurer's written answers in explanation of the objections thereto.
REMOVAL OF THE TREASURER-HIS ASCERTAINED LIABILITIES.
From facts which came to my knowledge during the treasury investigation, I formed the opinion that the surety on the official bond of the Treasurer was insufficient. Thereupon, an Executive order was issued and served upon him personally, on the I sth day of November last, requiring new bond and surety to be executed in terms of the law. With this requisition the Treasurer failed to comply, by reason whereof his office became vacant by operation of law, on the 26th day of November last. During the period allowed for the execution of new bond and surety, the receipts into the Treasury were deposited in the Citizens' Bank, of Atlanta, and disbursements during the same period were made directly from this bank, upon Executive warrants only. The sums so received and disbursed are particularly stated in the report of the Comptroller General, herewith transmitted.
Within the time prescribed by law, the late Treasurer made a statement of his accounts and delivered the books and papers of the treasury, together with an amount of money, to his successor, taking his receipt therefor. This statement of settlement was duly recorded in the Comptroller General's office; but the receipt taken, as just stated, for the property of the treasury, has never been presented for record.
By referring to this statement of settlement, a copy of which accompanies this communication, appears that the late Treasurer stood charged at the time of his removal,

}A~UARY 12, 1876.

15

with a balance of $1,480,004.46. This statement of balance is verified by the Comptroller General's books. The credits claimed by the late Treasurer in his said statement, amount to $1,544,93095, from which it would appear that the State is indebted to him, on account, in the sum of $64,926.49. A careful audit and statement of accounts, made since his removal from office, shows a net cash balance against the late Treasurer, however, of $1 10,274 84. This balance, it should be here remarked, is exclusive of all illegal and improper payments made by him, and includes only the ascertained amount of cash actually remaining in his hands at the date mentioned. The entire amount for which he is liable on all accounts, as shown by the carefully prepared statements accompanying this communication,
is $291,969.95 By a joint resolution passed at the last session of the Gene-
ral Assembly, the Governor was directed to have suits instituted against the Treasurer and his securities on their several bonds, for the recovery of the amount appearing to be due from the former to the State. The institution of these suits was attended with unavoidable delay, on account of the great difficulty in ascertaining the true condition of the Treasurer's accounts. So soon as the necessary information upon which to predicate suit was obtained, however, the Attorney General was instructed to lay the cases before the proper courts. These instructions have been complied with.
The Governor was also instructed, by a joint resolution, passed at the last session, to cause certain bonds and coupons, in said resolution mentioned, to be burned, and to report the fact of their destruction to the General Assembly at its present session. This direction has not been complied with, for the reason that these bonds and coupons will be required as evidence in the several actions now pending against the Treasurer and his securities.
A vacancy existed in the office of State Treasurer from

16

JOURNAL OF THE HOUSE

the 25th day of November last, until the 4th day of December following. During this period, the Comptroller General acted, by Executive appointment, as State Treasurer. The amount received by him while so acting was $204,287.79 The amount disbursed during this period was $21,730.16, leaving a balance to be turned over to the new State Treasurer, of S182,557.63.
APPOINTMENT OF A NEW TREASURER.
On the 4th day of December last, the Hon. John W. Renfroe, of Washington county, was, by Executive authority, appointed and commissioned State Treasurer, to act until the next meeting of the General Assembly.
RECEIPTS AND EXPENDITURES.
The whole amount received by the present Treasurer, from the date of his appointment until the close of the last fiscal year, was $782.240.07. The disbursements during the same period were $270454.86, leaving a balance in the Treasury, at the beginning of the present year, of $511,785.21.
For a more particular statement in regard to the receipts and expenditures of the last fiscal year, the General Assembly is respectfully referred to the report of the Comptroller General.
I commend to the favorable consideration of the General Assembly, the several recommendations of the Comptroller General, suggesting amendments of the law exempting certain kinds of property from taxation.
The tables accompanying the report of the Treasurer contain a particular statement of monthly receipts and expenditures in the year 1875 ; and, also, a distinct statement of the amounts received at the treasury since he came into office, and of the sources from which the same were derived. A tabular statement of the public debt, with amounts of interest thereon, payable quarterly and semiannually, is presented. The Treasurer gives a detailed description of all the maturing bonds of the State ; and, also,

jANUARY 12, 1876.

17

<>f the bonds of the several railroad companies on which the State is bound by endorsement.
RECOMMENDATION REGARDING BONDS.
I would respectfully call the attention of the General Assembly to the following extract from my last annual message:
"To prevent the injury to the public interest likely to result from any unauthorized or unlawful negotiation of our securities, I would suggest that all the bonds recognized as legal and binding on the State, issued during the late administration, be withdrawn from circulation, and that other bonds, of similar amount and of proper tenor and ~ffect, be issued in lieu thereof."
The reasons which induced me to submit this recommen<lation at the last session still exist, and make it my duty here to renew it. For causes needless to be mentioned, the bonds issued during the late administration are not equal in value to our other public securities. It is manifestly to the interest of the State that all her bonded obligations should, as nearly as practicable, be made of equal value in the markets of the world. It will be remembered that a large amount of the gold quarterly bonds of the State in the hands of Messrs. Clews & Co. have been declared null and void by legislative enactment. Coupons of these bonds, amounting to $2,625.00, it is alleged, have already been presented and redeemed during the administration of the late Treasurer. It has not been determined whether the same were redeemed at the State Treasury, or at the Fourth National Bank in New York. From the close similarity between these coupons, and others pertaining to valid bonds of the same issue, there is great danger that repeated frauds will be practiced upon the treasury.
I also recommend that bonds of the State be issued for redemption, by exchange, of the securities of the Macon & Brunswick and of the North & South Railroads, upon which the liability of the State is acknowledged.
2

18

JOURXAL OF THE Hot:SE

Estimates of the probable receipts and expenditures for the present fiscal year are submitted by the Treasurer and the Comptroller General, to the consideration of which I respectfully invite the attention of the General Assembly.

ATTORNEY GENERAL.
The accompanying report of the Attorney General shows the disposition made of the official business in his hands during the last year. The itemized exhibits attached to the report contain a statement of the several amounts received and paid out, the cases for and against the State now pendin~ in the courts, the cases pending against the Western & Atlantic Railroad, and of the executions issued by the Comptroller General against the late officers and agents of this road. The body of the report contains an explanation of the various items embraced in these exhibits.
Particular attention is invited to that portion of the report which refers to the sale, under the direction of the Governor, of the house and lot in the city of Atlanta, formerly owned by Foster Blodgett. The net proceeds of
so. this sale amounted to $4, S64. The two remaining lots
in said city, purchased as the property of Foster Blodgett, aar still owned by the State. The Attorney General recommends that these lots be sold before the building season of the present year begins.
UNIVERSITY OF GEORGIA.
The accompanying report of the Trustees of the Uti.iversty shows that the amount of money received from all sources during the collegiate year, was $38,858.70. The expenditures during the same period amounted to $38,-
so. I 3S The attention of the General Assembly is invited
to the very full reports of the Board of Visitors, and of the President of the Georgia State College of Agriculture and the Mechanic Arts, which will be found among the accompanying documents. I also submit the report of the Trustees ofthe North Georgia Agricultural College, located at Dahlon-

}.-\XUARY 12, 1876.

19

ega, showing the application of the appropriation made for the benefit of that institution, at the last session of the General Assembly. This College is under the auspices of the State University, and receives annually therefrom a portion of the interest accruing from the Land Scrip fund. Sati!3fied that this institution is managed with ability and efficiency, I invite attention to the suggestions contained in the report, and earnestly recommend that such an appropriation be made, as will not only meet its present wants, but will also increase its capacity for future usefulness.
COMM0:-1 SCHOOLS.
The report of the State School Commissioner shows the operations of the Department of Education during the past year, and exhibits the growing efficiency of the common school system. Accompanying the report will be found an able and exhaustive argument in favor of the system, published during the last year, in letters addressed by the Commissioner to the public. I invite the attention of the General Assembly to the suggestions in the report pointing out the defects in existing school laws, and indicating the amendments necessary to correct the same. I concur in the views expressed by the Commissioner in reference to the propriety of establishing normal schools. The lack of competent teachers, is without doubt, the greatest drawback to the efficiency and beneficent operation of the present school system. I respectfully suggest that a portion of the fund annually appropriated for the support of Common Schools be used for establishing schools for the education of teachers. These should be at least four in number, and located at convenient points in the State. Under proper regulations, they would furnish annually a large number of competent teachers, fitted to take charge of the Common Schools.
I respectfully commend to the consideration of the General Assembly the objections urged by the Commissioner to the annual appropriation for the support of the J\tlanta University.

20

} OURNAL OF THE HOUSE

BLIND AND DEAF AND DU:\IB INSTil'UTIONS.

The Academy for the Blind and the Institution for the

Deaf and Dumb have been conducted, during the year,

with gratifying success, and with due regard to economy.

I recommend to the careful consideration of the General

Assembly the suggestions in the reports here"ith sub-

mitted.

LUNATIC ASYLU)I.

A most gratifying exhibit of the operations of the Lu-

natic Asylum, during the past year, is presented in the accompanying report of the Board of Trustees. Accord-

ing to the report, the cost to the treasury for maintaining

the institution in the year 1875 was over 20 per cent. less than the average cost for the three previous years, while

the number of inmates was 20 per cent. greater than the average number for the same period. This diminution of

expenses is due, partly, to the reduced cost of subsistence

and clothing, and, materially, to the judicious economy

exercised by the Steward and by the Medical staff of the

Asylum. Attention is called to the necessity existing at this insti-

tution for a constant and abundant supply of water. It is

, required for healthfulness and comfort, as well as for

assurance against loss by fire. The trustees have caused

to be made a reliable survey and estimate, and have ascer-

tained that an ample supply can be had at an expense of

from $15,000 to $18,000. If, upon examination, it should

be ascertained that this work is needed and practicable,

the appropriation asked for by the trustees should be made.

PENITENTIARY.
The whole number of convicts received in the Penitentiary last year was three hundred and ninety-one, and the whole number remaining therein on the 31st day of December, 1875, was nine hundred and twenty-six. The number of pardons granted during the year was sixteen; the number of deaths, forty-nine, and of escapes, fifty-three. For

jANUARY 12, 1876.

21

the reasons set forth in my last annual message, I renew the recommendation therein made, to the effect that there be a thorough reorganization of the Penitentiary. The adoption of a permanent system of government for the institution should not be delayed beyond the present session. The views of the Principal Keeper upon this subject, set forth in the accompanying report, are expressed with great clearness, and \vith a force of reasoning which entitles them to the fullest consideration.
THE MACON & BRCNSWICK RAILROAD.
By a joint resolution of the General Assembly, approved l\Iarch 6, 1875, the Governor was directed to sell the Macon & Brunswick Railroad, either at public or private sale, on such terms and for such price in money or in bonds of the State or of the company, as he might deem consistent with the public interest. In accordance with this requiremen.t, all the property and franchises of the company, after proper notice, were publicly sold in the city of Macon, on the first Tuesday in June last. To prevent the sacrifice of the property at this sale, the same was purchased for the State, at and for the sum of $1,000,000. A deed of conveyance for all the property so purchased has been duly executed and recorded on the minutes of the Executive Department, and also in the proper offices of the several counties through which the road passes. After the purchase was made, the road was placed under the management and control of a Board of Directors, consisting of E. A. Flewellen, of the county of Upson, and W. A. Lofton and George S. Jones, of the county of Bibb. Among the accompanying documents is submitted the report of this board, showing the operations of the road since. the same was placed under their management. I also transmit herewith the report of the Receiver, covering the portion of the year 1875 prior to the date of said sale. The net earnings of the road during last year were very small, in consequence of the large expenditure for repairs. The track is.

22

JOURNAL OF THE 1-Im;sE

now in good order, and a considerable increase in the business of the road is reasonably expected.
In the exercise of the legal power vested in them, the directors have advertised that they will offer the road for sale on the 25th day of January, instant. The law provides that any contract for the sale or lease of the road, to be binding on the State, must have the approval, in writing, of the Governor endorsed thereon. This provision renders it especially proper that I should here present a brief statement of my views in reference to the policy which should be pursued by the State with regard to this road.
As a general proposition, it is doubtless true that the State should not own or operate railways. This road, however, has already become the property of the State, and it should not be parted with, except for an adequate consideration. The Commonwealth has already been more than repaid the costs of its construction in the increased value which the road has given to property in the section of the State through which it passes. A large increase of business over the line of the road may be confidently expected at no distant day. The statistics show that nearly one-fifth of the lumber exported from the continent of North America goes to sea from the coast of Georgia, and it is reasonable to conclude that this proportion will be largely increased. This road traverses, for a great portion of its length, the best lumber region on the continent, and it may be safely assumed that the transportation of this product alone will, in time, furnish it with profitable employmenL If an adequate offer for the purchase or lease of the road should be made, it ought to be accepted ; but in no event should its present character, as an independent thoroughfare, be changed.
NORTH AND SOUTH RAILROAD.
Submitted herewith is the report of the Receiver of the property of the North & South Railroad Company for the year 1875 The road has been kept in repair and operated

JANUARY I2, I8J6.

23

without expense to the State; but the report shows that an increase of expenditures above the probable receipts will become necessary the present year. Unless otherwise directed by the General Assembly at the present session, the property of this company will be offered for sale early in the ensuing Spring.
DEPARTMENT OF AGRICULTURE AND GEOLOGICAL SURVEY.
Accompanying this communication are the several reports of the Commissioner of Agricufture and of the State Geologist. The duties imposed by law upon these officials, respectively, have been performed with ability and fidelity.
The report of the Commissioner of Agriculture is replete with valuable information, which should be generally cir-culated among the agriculturists of the State. The publication of a Hand-Book of Agriculture has necessarily been delayed on account of the great labor of preparing it.
The report of the State Geologist clearly indicates the progress made in the survey during the past year. The field notes, and other information of the survey, are too voluminous to be incorporated in the report. A detailed report will be prepared for the press .during the Winter months, while the field work is necessarily suspended.
The Geological Survey should be completed as soon as practicable, and the Department of Agriculture should at once be placed upon the best possible footing. I respectfully recommend, therefore, that the additional appropriations needed for these objects be made.
BOARD OF HEALTH.
Under authority of an Act entitled "An Act to create a State Board of Health for the protection of life and health, and to prevent the spread of diseases, in the State .of Georgia, and for other purposes," approved February 25, I875,the following named physicians were appointed .as Sanitary,.:commissioners, one from each Congressional District in the State, to wit:
For the Ist District-]. G. Thomas, M. D.

24

JouRNAL OF THE HousE

For the 2d District-Benj. M. Cromwell, M. D. For the 3d District-Geo. F. Cooper, M. D. For the 4th District-F. A. Stanford, M. D. For the 5th District-Joseph P. Logan, M. D. For the 6th District-C. B. Nottingham, M. D. For the 7th District-G. W. Holmes, M. D. For the 8th District-H. F. Campbell, M. D. For the 9th District-H. H. Carlton, M. D. These Commissioners convened at the Capitol on the 9th day of June last, and, together with the Attorney General, the Comptroller General and the State Geologist, organized, under the authority of said Act, "The Board of Health of the State of Georgia.'' Accompanying this communication will be found the first annual report of the board, to which I respectfully invite the attention of the General Assembly. The report. sets forth briefly the transactions of the board at its first annual meeting, and serves to illustrate, in a measure, the objects of its organization. This board should be generously sustained by the State, and to this end I recommend that the law be so amended as to secure the collection of statistical information in the manner suggested in the report. I further recommend that the annual appropriation for the support of the board be increased by an amount sufficient to defray the expense of publishing its reports and transactions. The information collected by the board should be disseminated among the people, under the auspices of its own members.
CONSTITUTIOii!AL AMENDMEXTS.
I respectfully call the attention of the General Assembly to the Act entitled "An Act to alter and amend the second section of Article II of the Constitution of the State of Georgia, so far as relates to the residence of voters," approved February 24, 1875 This Act has been passed by two successive Legislatures, and only needs the approval of the people to become a part of the Constitution.

jANUARY 12, 1876.

25

There is no law providing for the submission of this amendment for ratification. I respectfully suggest the passage of a measure directing the manner in which all amendments of the Constitution shall be submitted to a vote of the people.
CONCLUSION.
In concluding this communication, it is not improper to state that the public credit has steadily continued to improve, and may now be justly considered as firmly re-established. The public debt was reduced to a slight extent the past year, and will be still further reduced during the present year. It is now believed that, with the abandonment of the ruinous policy of State aid to railway enterprises, and a faithful administration of our finances, the public debt will continue to be reduced, and with it the rate of taxation. The tax imposed by the State is one-half of one per cent., which is light compared with the rate levied in other States; but small as it is, it is our duty to reduce it at the earliest possible day. But for the burdens imposed upon us by those who came into power under the reconstruction laws, our indebtedness, as well as our taxes, would be trifling in amount. As it is, much the larger part of the taxes paid by the people-at least sixty per cent. or more-is levied by the local authorities for county purposes. This was rendered neces~ary, to a large extent, by the ravages of war. In many counties court houses, jails, bridges and highways had to be rebuilt or repaired ; while the increase of crime and litigation, resulting from the emancipation of the colored race, has added largely to the expense attending the administration of justice.
The past year has been one of unusual financial stringency with our people. The seasons have been unpropitious for our great staple, and the price has not been remunerative. As a consequence, the farmer has been cramped in his resources, the merchant has not prospered, and, in sympathy with these, all classes have suffered from

26

JOURNAL OF THE HoUSE

the depression in business. But, with the State in the hands of her own people, and our public debt ascertained and defined; with a system of public schools for the education and enlightenment of the rising generation; with a Geological Bureau to search out and make known our hidden resources; with an Agricultural Department to stimulate and encourage our leading industry ; and with a sanitary board, charged with the important duty of collecting vital statistics, and promoting the health of the peoplewith all these, and the countless other helps and advantages we possess, it will be our own fault if we do not, at an early day, relieve ourselves of the heavy burdens under which we now labor. These burdens were placed upon our shoulders, for the most part, by unfriendly hands. The duty of the hour is to remove them, and not to repine over the past. Our public debt is small, compared with our vast resources. Then, calling to our aid courage, patience and self-denial, let us labor earnestly to advance the interest of the Commonwealth, confident, in the mean_ while, that a just and merciful Providence will eventually right the wrong and reward the right.
JAMES M. SMITH.
Leave of absence was granted Messrs. Fannin and Graham, of Dade.
On motion of Mr. Shewmake, the Hou!Je then adjourned until ro o'clock a. m., to-morrow.

ATLANTA, GEORGIA,

}

January I3, r876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
On motion, the call of the roll was dispensed with. The Journal of yesterday was read and approved.

JANUARY 13, 1876.

27

The following newly elected member appeared, was qualified, and took his seat, to-wit:
From the county of Stewart, Hon. C. C. Humber. The Clerk proceeded with the call of counties, when the following bills were introduced and read the first time, towit: By Mr. McKinlyA bill to provide for jury fees in the county of Baldwin. Also, a bill to amend the charter of the city of Milledgeville, and for other purposes. Also, a bill to repeal an Act to amend the Constitution
of the State, approved February 24, 1875. Mr. McKinly also offered the following resolution, to-
wit: A resolution in reference to the homesteads of this State. By Mr. BakerA bill to repeal an Act entitled an Act to create a State
Board of Health in this State, and for other purposes. Also, a bill to repeal an Act entitled an Act to regulate
the sale of spirituous, vinous and malt liquors in certain counties therein named, and in the town of Palmetto, in the State of Georgia, approved 26th February, 1875, so far as the same relates to the county of Bartow and the city of Cartersville, and for other purposes.
By Mr. HardemanA bill to exempt certain produce of the previous year in the hands of the producer on the 1st of April, and held for sale by them, and for other purposes. By Mr. Bacon, of BibbA bill to appoint trustees of the Macon Guards, and to grant them certain privileges, and for other purposes. By Mr. GlissonA bill to change the time of holding the Superior Court of the county of Burke. By Mr. ShewmakeA bill to organize a Criminal Court for the county of Burke.

28

] OURNAL OF THE HoUSE

By Mr. GlissonA bill to fix the compensation of jurors for the county of Burke.
By Mr. PierceA bill to amend the charter of the town of Morgan, 111 the county of Calhoun.
By Mr. KingA bill to encourage sheep raising in the county of Camden.
By Mr. NelmsA bill to amend an Act entitled an Act creating a County Court for the county of Clayton, approved February 28, 1874, so far as said Act, as amended, applies to the county of Campbell.
By Mr. LawtonA bill to incorporate the Tybee Improvement Company, and for other purposes. By Mr. IrwinA bill to repeal sections 3854, 3855, 3856, 3857, 3858, 3859, 386o and 3861 of the Code, and for other purposes. Also, a bill to amend an Act entitled an Act to incorporate the Protection Insurance Company of Georgia. On motion of Mr. Turnbull, the rules were suspended, and the following resolution was read and agreed to, to-wit:
Resolued, That the Finance Committee be instructed to report to the House, as early as practicable, the general appropriation and tax bills.
The Speaker announced the appointment of Hon. Jos. L. \Varren, of the county of Chatham, as chairman of the Committee on Finance, vice Hon. vV. D. Anderson resigned, and Hon. Obediah \Varner having declined the position.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof, to-wit:

JANUARY IJ, 1876.

29

111r. SpeakerThe Senate has agreed to the following resolution, in
which they ask the concurrence of the House of Representatives, to-wit:
Resolved, That the two Houses convene to-day at 12 o'clock m., in the House of Representatives, for the purpose of electing a State Treasurer, to fill the vacancy occasioned by the removal of John Jones, late Treasurer.
On motion of Mr. Jones, of Crawford, the rules were suspended, and the following resolution was read and agreed to, to-wit:
Resolved, That one copy of the Acts of the last session and the Journal be laid on the table of each member for their use during the present session.
On motion of Mr. Rankin, the resolution of the Senate, received by the House, and providing for the time of election of a State Treasurer, was taken up and concurred in.
On motion of Mr. Warren, the action of the House in concurring in said re:;olution was ordered transmitted to the Senate.
The call of the counties was resumed. By Mr. KennedyA bill to provide for private ways to timber lands in the county of Emanuel, and for other purposes. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of Emanuel county, and for other purposes. By Mr. Hamilton, of FloydA bill to authorize the Grangers Life and Health Insurance Company to create and establish a State Department in the State of Georgia. Also, a bill to prescribe the compensation of the Tax Collector and Tax Receiver of the county of Floyd, so far as relates to the collecting and receiving of the county taxes of said county, and for other purposes. Also, a bill to reduce and regulate the compensation of

30

JOL'RXAL OF THE HOUSE

Receivers of Taxes and Tax Collectors, and to amend section 936 of the Code, and for other purposes.
By Mr. CrymesA bill to repeal an Act entitled an Act to establish a Department of Agriculture for the State of Georgia. On motion of Mr. Rankin, the rules were suspended, and the following resolution was read and agreed to, to-wit: Resolved, That that portion of his Excellency the Governor's message relating to the public debt be referred to the Committee on Finance, and that other portions of said message be referred to appropriate committees. The call of the counties was resumed. By Mr. RankinA bill for the relief of W. H. Alexander, of the county of Gordon. By Mr. WareA bill to organize a Criminal Court for the county of Heard. By Mr. DukeA bill to consolidate the offices of Receiver of Tax Returns and Tax Collector of the county of Jackson, and for other purposes. Also, a bill to repeal an Act entitled an Act to prohibit the sale of intoxicating liquors within two miles, in any direction, of Harmony Grove, in the town of Harmony Grove, in the county of Jackson. Also, a bill to fix the jurisdiction of the County Court of the county of Jackson, and for other purposes. Also, a bill to repeal certain sections of an Act entitled an amendment to the Act incorporating the town of J efferson, in the county of Jackson, and for other purposes. Also, a bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the county of Jackson, and for other purposes. Also, a bill to amend section 4396 of the Code of Georgia, defining the punishment of horse stealing.

JANUARY 13, 1876.

31

Also, a bill to provide for a revision of the jury box of Jackson county, and for other purposes.

By Mr. Meadows-

A bill to repeal an Act creating a State Board of Health.

approved February 25, 1875, and for other purposes.

By Mr. Miller, of Marion-

A bill to amend an Act entitled an Act to organize a

County Court for the county of Marion, and for other pur-

poses.

Also, a bill to allow the defendants in allLriminal indict-

ments and prosecutions to take the testimony of witnesses

who reside without the jurisdiction of the courts of the

State of Georgia, and for other purposes.

By Mr. Warner-

A bill to reduce the mileage and pay of members of the

General Assembly; to amend section 189 of the Code of

I873, and for other purposes.

By Mr. Davis-

A bill to define and change the corporate limits of the

town of Camilla, in the county of Mitchell.

Also, a bill to repeal an Act establishing a County ~ourt

for the county of Mitchell, and for other purposes.

By Mr. Thomason-

#

A bill to amend an Act approved August 23, I872, en-

titled an Act to prohibit the sale, buying, delivering or

receiving of farm products between the hours of sunset

and sunrise, in certain counties therein named, and to ap-

ply the provisions of said Act to the county of Morgan.

Also, a bill to amend the Act approved March I 2, I866,

incorporating the city of Madison, and for other purposes.

By Mr. Williams-

A bill to exempt from the process of garnishment the

wages of journeymen mechanics and day laborers.

By Mr. Livingston-

A bill to regulate marriages in this State, and for other

purposes.

.32

JouR~AL OF THE HousE

By Mr. BlackA bill to prescribe and fix a salary for the Treasurer of the county of Richmond, and for other purposes. Also, a bill to compensate Claiborne Snead and William W. Montgomery for services rendered the State. Also, a bill to declare of full force and effect the tax .ordinances of the City Council of Augusta for the year 1874, and for other purposes. By Mr. SpeerA bill to define the corporate limits of the city of Griffin, and for other purposes. By Mr. FurlowA bill to confer additional powers on the Tax Collector of Sumter county, and for other purposes. By Mr. Ste\vart, of RockdaleA bill to change the line between the counties of Newton and Rockdale. By Mr. TootleA bill to change the line between the counties of Tattnall and Liberty. By Mr. Pickling-
A bill to require the Ordinaries, Tax Collectors and County Treasurers of the several counties of this State to make returns to the grand juries in their respective counties.
Also, a bill to change the line between the counties of Marion and Taylor.
By Mr. HammondA bill to amend an Act entitled an Act to create a County Court in each county of this State, except certain counties therein named, so far as the same relates to the county of Thomas. By Mr. FainA bill to repeal an Act to consolidate the offices of Tax Collector and Tax Receiver with the office of Sheriff, in the county of Union. By Mr. DugganA bill to fix the compensation of Tax Co:Iector, Tax

}A!\UARY 13, 1876.

33

Receiver and Treasurer of the county of \Vilkinson, and for other purposes.
By Mr. Graham, of DadeA bill to amend the charter of the Rising Fawn Iron Company, of Georgia. By Mr. \VesselowskyA bill to regulate the pay of grand and petit jurors in the county of Dougherty. By Mr. Hamilton, of ClinchA bill to fix the per diem of grand and petit jurors in the county of Clinch. By Mr. BattleA bill to incorporate the town of \Vadley, in the county of Jefferson. On motion of Mr. Pitman, the House took a recess until 12 o'clock m.

12 o'CLOCK M.
House reassembled and was called to order by. the Speaker.
Mr. Rankin offered the following resolution, which was agreed to, to-wit :
Resobed, That seats on the floor of the House be tendered all reporters, male and female, of the city and State Press.
In accordance with the joint resolution adopted by both Houses, bringing on the election for State Treasurer, the hour of 12 o'clock m., having arrived, the Senate attended in the Representative Hall, and the General Assembly was called to order by the President of the Senate.
Hon. Mr. Harris, from the 10th District, nominated Mr. J. \V. Renfroe, from the county of \Vashington.
The Secretary of the Senate, and the Clerk of the House, proceeded with the call of the roll, with the following result:
3

34

JouRNAL OF THE HousE

Those voting for Mr. Renfroe are-Senators

Arnow, Black, Blance, Brimberry, Cain, Cannon, Carter, Cooper, Crawford, Deadwiler, DuBose, Felton, Freeman, Gilmore,

Graham,

McDonald,

Harris,

Newborn,

Hester,

O'Daniel,

Hopps,

Payne,

Howell,

Peavy,

Hudson, of the 25th Perry,

Hudson, of the 28th Robinson,

Kibbee,

Rutherford,

Knight,

Slaughter,

Matthews,

Wilcox,

Mattox,

vVilson,

McAfee, of the 32d, Winn,

McAfee, of the 39thMR. PRESIDENT.

McDaniel,

Those voting for Mr. Renfroe are-Representatives

Anderson,

Graham, of Dade, Parker,

Atkinson,

Graham, of Dooly, Phinazee,

Anthony,

Graham, ofTelfair, Patman,

Adams,

Grimes, of Miller, Peden,

Allred,

Grimes,

Patton,

Asbury,

of Muscogee, Pitman,

Alderman,

Hamilton,.

Rudisill,

Baker,

of Clinch, Rankin,

Bacon, of Bibb, Hamilton,

Ridley,

Bacon, of Liberty,

of Floyd, Revill,

Barnwell,

Hoge,

Shewmake,

Binns,

Holland,

Shellnut,

Brown,

Humber,

Sharpe,

Black,

Hutchenson,

Saunders,

Blue,

Hutchins,

Stallings,

Battle,

Harrall,

Smith, of Dawson,

Bennett,

Harrison,

Smith, ofLowndes,

Beall,

Hammond,

Smith, of Webster,

jANUARY 13, 1876.

35

Binion,

Hall,

Sapp,

Bowen,

Henderson,

Sheffield,

Carter, of Appling, Holcombe,

Simmons,

Carter, of Walton, Irwin,

Scott,

Craig, of Bibb, Jamison,

Skelton,

Craig, of White, Jones, of Burke, Spinks,

Camp,

Jones, of Crawford, Stewart,

Cassidy,

Jones, of Rabun,

of Rockdale,

Carleton,ofGreene, Kennedy,

Stewart, ofSumter,

Calhoun,ofFulton,

of Bulloch, Searcy,

Calhoun,

Kennedy,

Speer,

of Montgomery,

of Emanuel, Sharman,

Cobb,

King,

Terrell,

Candler,

Kilpatrick,

Turnbull,

Clements, of Irwin, Lang,

Turner, of Brooks,

Clements,

Lawton,

Turner, of Floyd,

of Whitfield, Lindley,

Thomason,

Clements,

Lamkin,

Tumlin,

of Walker, Leach,

Tootle,

Christian,

Lane,

Warren,

Chappell,

Little,

Whittle,

Crawford,

Livingston,

Wilson, of Clarke,

Clarke,

Leverett,

Wilson, of Fulton,

DeLoach,

McKinly,

Wilcox,

Duncan,

Mathews,

Wilcoxon,

Duggar,

Maxwell,

Winningham,

Duggan,

McGill,

W esselowsky,

Dyer,

Mattox,

Wilcher,

Duke,

Moss,

Ware,

Davis,

McAfee,

Wynn,

Eakes,

Meadows,

'Wimberly,

Elkins,

Miller, of Marion, Willis, of Greene,

Fredrick,

Miller, of Ware, Willis, of Macon,

Furlow,

Marshall,

Warner,

Ficklan,

Neal,

Wofford,

Fain,

Norman,

Williams,

3G

JoURXAL OF TilE HousE

Fort, George, Glisson, Gray,

Pierce, Padget, Peeples, Potts,

\Valsh, \Vorthen, MR. SPEAKER.

Mr. Crymes voted for Mr. \V. B. Lowe. Mr. Renfroe, 201; Mr. Lowe, 1.

Mr. Renfroe having received a majority of all the votes .cast, was declared duly elected State Treasurer, to fill the unexpired term of Mr. John Jones, removed.
On motion, the Senate repaired to their chamber, and the House was called to order by the Speaker.
Leave of absence was granted Mr. Carleton, of Clark, -on account of sickness.
On motion of Mr. Brown, the House adjourned until 10 .o'clock a. m., to-morrow.

ATLA:\TA, GEOKGIA, } January 14, 1876.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
On motion, the call of the roll was dispensed with. The Journal of yesterday was read and approved.
The regular order of business being the reading of House bills the second time, the following bills were read and referred to the Committee on Judiciary, to-wit:
A bill to provide for jury fees in the county of Baldwin. Also, a bill to repeal an Act to amend the Constitution of this State, approved February 24, 1875, and for other purposes. Also, a bill to repeal an Act entitled an Act, approved February 25, 187;, creating a State Board of Health in this State.

JA:-!UARY 14, 1876.

37

Also, a bill to change the time of holding the Superior Court of the county of Burke.
Also, a bill to organize a Criminal Court for the county of Burke.
Also, a bill to fix the compensation of jurors for the county of Burke.
Also, a bill to amend an Act entitled an Act creating a County Court for the county of Clayton, so far as said Act, as amended, relates to the county of Campbell.
Also, a bill to repeal sections 3854, 3855, 3856, 3857, 3858, 3859, 386o and 3861 of the Code, and for other purposes.
Also, a bill to consolidate the offices of Receiver of Tax Returns and Tax Collector of the county of Emanuel, and for other purposes.
Also, a bill to repeal certain sections of an Act entitled an amendment to the Act incorporating the town of Jefferson, in the county of Jackson, and for other purposes.
Also, a bill to fix the jurisdiction of the County Court of the county of Jackson, and for other purposes.
Also, a bill for the relief of \V. H. Alexander, of the county of Gordon.
Also, a bill to repeal an Act entitled an Act to prohibit the sale of intoxicating liquors within two miles of the Harmony Grove Academy, in the town of Harmony Grove, in the county of Jackson.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Jackson, and for other purposes.
Also, a bill to amend section 4396 of the Code of Georgia.
Also, a bill to provide for a revision of the jury box of the county of Jackson.
Also, a bill to amend an Act entitled an Act to organize a County Court for the county of Marion.
Also, a bill to allow defendants in criminal prosecutions

38

JouRNAL OF THE HousE

and indictments to take the testimony of witnesses who may reside without the jurisdiction of the courts of this State, and for other purposes.
Also, a bill to repeal an Act establishing a County Court for the county of Mitchell, and for other purposes.
Also, a bill to exempt from the process of garnishment the wages of journeymen mechanics and day laborers.
Also, a bill to regulate marriages in this State. Also, a bill providing a salary for the Treasurer of Richmond county, and for other purposes. Also, a bill to repeal an Act creating a State Board of Health, approved February 25, 1875. Also, a bill to declare of full force and effect the tax ordinances of the City Council of Augusta, for the year 1874, and for other purposes. Also, a bill to amend an Act creating a County Court in each county in the State, except certain counties therein named, so far as the same relates to the county of Thomas. Also, a bill to amend the charter of the Rising Fawn Iron Company of Georgia. Also, a bill to require the Ordinaries, Tax Collectors and County Treasurers of the several counties of this State to make returns to the grand juries in their respective counties.
Also, the following resolution, which was read and referred to the same committee :
A resolution in reference to the homesteads of this State.
The following bills were read the second time, and ordered to be engrossed, to-wit :
A bill to amend the charter of the city of Milledgeville. Also, a bill to provide for the private ways to timber lands in the county of Emanuel, and for other purposes. Also, a bill to create a County Court in the county of Heard. Also, a bill to regulate the pay of jurors in the county of Dougherty.

jANUARY 14, 1876.

39

Also, a bill to repeal an Act to consolidate the offices of Tax Receiver and Tax Collector w~th the offices of Sheriff, in the county of Union.
The following bills were read the second time, and referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the line between the counties of Newton and Rockdale.
Also, a bill to change the line between the counties of Tattnall and Liberty.
Also, a bill to change the line between the counties of Marion and Taylor.
Also, a bill to amend the charter of the town of Morgan, in the county of Calhoun.
The following bills were read the second time and referred to the Committee on Finance, to-wit:
A bill to repeal an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in certain counties therein named, and in the town of Palmetto, in this State, approved February 26, 1875, so far as the same applies to the county of Bartow and the city of Cartersville.
Also, a bill to exempt from taxation certain produce therein named, raised the previous year, and remaining in the hands of the producers on the first day of April, for sale.
Also, a bill to repeal an Act entitled an Act to establish:a Department of Agriculture for the State of Georgia.
Also, a bill to prescribe the compensation of the Tax Collector and Tax Receiver of the county of Floyd, so far as relates to the collecting and receiving of taxes of said county.
Also, a bill to reduce and regulate the compensation of Receivers of Tax Returns and Tax Collectors, and to amend Bection 936 of the Code, and for other purposes.
Also, a bill to consolidate the offices of Receiver of Tax . Returns and Tax Collector of the county of Jackson, and for other purposes.

40

] OliRNAL oF THE HousE

Also, a bill to fix the per diem of grand and petit jurors in the county of Clinch.
Also, a bill to reduce the pay and mileage of members of the General Assembly, and to alter and amend section 189 of the Code, and for other purposes.
Also, a bill to fix the compensation of Receiver of Tax Returns, Tax Collector and Treasurer of the county of \Vilkinson, and for other purposes.
Also, a bill to confer additional powers upon the Tax Collector of the county of Sumter, and for other purposes.
Also, a bill to compensate Claiborne Snead and William \V. Montgomery for services rendered the State.

The following bills were read the second time and referred to the Committee on Agriculture, to-wit:
A bill to encourage sheep raising in the county of Camden.
Also, a bill to amend an Act entitled an Act to prohibit the buying, selling, delivering and receiving of any farm products therein named, between the hours of sunset and sunrise, in certain counties named, approved August 23, 1872, so as to apply the provisions of said Act to the county of Morgan.
The following bills were read the second time and referred to the Committee on Corporations, to-wit:
A bill to appoint Trustees of the Macon Guards, and to grant them certain privileges, and for other purposes therein mentioned.
Also, a bill to incorporate the Tybee Improvement Company, and for other purposes.
Also, a bill to amend an Act entitled an Act to incorporate the Mutual Protection Insurance Company of Georgia.
Also, a bill to authorize the Grangers Life and Health Insurance Company to create and establish a State Department in the State of Georgia.

JANUARY 14, 1876.

41

Also, a bill to change and define the corporate limits of the town of Camilla.
Also, a bill to amend the Act, approved March I 2th, I 866, incorporating the city of Madison, and for other purposes.
Also, a bill to define the corporate limits of the city of Griffin, in the county of Spalding; to limit the number of offices of said city; to limit the current expenses of said city, and for other purposes.
Also, a bill to incorporate the town of Wadley, in the county of Jefferson.
The following bill was read the second time, and, on motion of Mr. Candler, referred to a special committee of nine, to be appointed by the Speaker-one from each Congressional District of the State, to-wit:
A bill to authorize and require the Governor of the State of Georgia to call a convention of the people thereof to revise the State Constitution.
The committee appointed by the Speaker to consider said bill are-
1st District-l\Ir. Lawton. 2d District-Mr. Harrison. 3d District-Mr. Furlow. 4th District-Mr. Miller, of Marion. 5th District-Mr. Speer. 6th District-Mr. Stewart, of Rockdale. ;th District-Mr. Irwin. 8th District-Mr. Walsh. 9th District-Mr. Candler, Chairman.
Mr. Henderson moved to adjourn until 10 o'clock a.m., to-morrow.
Mr. Adams moved to amend by adjourning until Monday morning, at 10 o'clock a. m., next, which amendment was not agreed to.
On the motion to adjourn until 10 o'clock a. m., to-

42

JOURNAL OF THE HOUSE

morrow, Mr. Bacon, of Bibb, called for the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Anderson,

Graham, of Dade, Pierce,

Anthony,

Grimes, of Miller, Padget,

Asbury,

Grimes,

Phinazee,

Bacon, of Liberty, of Muscogee, Patton,

Brown,

Hoge,

Pitman,

Blue,

Holland,

Rankin,

Battle,

Harral!,

Ridley,

Binion,

Harrison,

Shewmake,

Carter, of Walton, Hammond,

Saunders,

Craig, of White, Hall,

Sapp,

Cassidy,

Henderson,

Sheffield, .

Crymes,

Jones, of Burke, Simmons,

Calhoun, of Fulton, Jones, of Crawford, Stewart,

Clements,

Kennedy,

of Rockdale,

of Whitfield,

of Bulloch, Stewart,ofSumter,

Clements,

Kennedy,

Sharman,

of Walker,

of Emanuel, Terrell,

Chappell,

Lawton,

Turner, of Floyd,

Crawford,

Lane,

Thomason,

DeLoach,

McKinly,

Tumlin,

Duke,

Mathews,

\Varren,

Davis,

Maxwell,

Wilson, of Fulton,

Fredrick,

McGill,

Wilcher,

Furlow,

Mattox,

\Vimberly,

Fain,

Meadows,

\Villis, of Macon,

Glisson,

Miller, of Marion, \Varner,

Gray,

Neal,

Williams.

Those voting in the negative are-Messrs.

Atkinson,

Fort,

Peden,

Adams,

Hamilton,

Rudisill,

Allred,

of Clinch, Revill,

JANUARY 14, 1876.

43

Alderman,

Hamilton,

Baker,

of Floyd,

Bacon, of Bibb, Humber,

Barnwell,

Hutchenson,

Black,

Hutchins,

Bennett,

Irwin,

Bowen,

Jamison,

Carter, of Appling, Jones, of Rabun,

Craig, of Bibb, King,

Camp,

Kilpatrick,

Carleton,

Lang,

of Greene, Lindley,

Calhoun,

Lamkin,

of Montgomery, Leach,

Cobb,

Little,

Candler, .

Livingston,

Clements, of Irwin, Moss,

Christian,

Miller, of \Vare,

Clarke,

Marshall,

Duncan,

Nelms,

Duggar,

Norman,

Duggan,

Peeples,

Dyer,

Potts,

Eakes,

Parker,

Elkins,

Patman,

Fannin,

Shellnut, Sharpe, Stallings, Smith, of Dawson, Smith, of Lowndes, Smith, of Webster, Scott, Skelton, Spinks, Searcy, Speer, Turnbull, Turner, of Brooks, Tootle, Whittle, Wilcox, \Vilcoxon, Winningham, \Vesselowsky, Ware, Wynn, \Villis, of Greene, \Vofford, Walsh, Worthen.

Yeas, 75 Nays, 81.

The next business in order being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, when the following bills were introduced and read the first time, to-wit :

By Mr. Smith, of Webster_._
A bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Webster, and for other purposes.

44

JOURNAL OF THE HOUSE

Also, a bill to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of Webster, and for other purposes.
Also, a bill to regulate the compensation of grand and petit jurors in the county of \Vebster, and for other purposes.

By Mr. FortA bill to define the liability of owners of pastures or enclosures for stock.

Also, a bill to protect the owners of stock in the county

of \Vayne.

'~

Also, a bill to regulate the compensation of jurors and

bailiffs in the county of \Vayne.

Also, a bill to create a Board of Commissioners of Roads

and Revenue for the county of \Vayne, and for other

purposes.

By Mr. Sharman-

A bill authorizing and requmng the School Commissioners for the town district of the town of Thomaston, and the County Board of Education of the county of Upson, to make conveyance of Academy lots to the Trustees of Thomaston High School, and for other purposes.
By Mr. Tootle-

A bill to prevent the obstruction of the waters of Beard's creek.

By Mr. WalshA bill to alter and amend an Act to provide for the manner of issuing county and municipal bonds, and to declare all bonds issued contrary thereto null and void, so far as the same excepts the city of Augusta from the operations of said Act.

By Mr. Clarke, of RichmondA bill to prevent the barter or sale of malt or spirituous liquors within three miles of Union Church, in the county of Richmond.

}A:'WARY 14, 1876.

45

By Mr. BlackA bill to authorize the Superior Court of the county of Fulton to grant charters operating over the State.
By Mr. TumlinA bill providing for the hiring of prisoners confined in the jail of the county of Randolph, who are confined for misdemeanors, and for other purposes.
By Mr. PatmanA bill for the better compensation of Justices of the Peace in the county of Oglethorpe.
By Mr. WilliamsA bill to prescribe the pay of jurors m the county of l\1 uscogee.
By Mr. Miller, of MarionA bill to repeal the 3674th paragraph of the Revised Code of this State. Also, a bill to amend the 3725th paragraph of the Revised Code of Georgia. Also, a bill to amend an Act entitled an Act, approved February 2oth, 1873, prescribing the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and Washington, and for other purposes.
By Mr. Clements, of IrwinA bill to change the line between the counties of Irwin and \Vorth.
By Mr. BrownA bill to provide for the collection of a State tax from emigrant agents.
By Mr. WynnA bill to amend an Act entitled an Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter, and for other purposes. Also, a bill to amend an Act entitled an Act for the prevention of cruelty to animals, approved March 1st, 1875

46

JOURNAL OF THE HoUSE

By Mr. wareA bill to amend an Act approved August 23, 1872, prohibiting the sale of farm products in certain counties therein specified, and to apply the provisions of said Act to the county of Heard. By Mr. CandlerA bill to alter and amend section 3554 of the Code of Georgia. By Mr. PeeplesA bill to limit the time within which suits shall be brought for the recovery of property which has been set apart as a homestead, and for other purposes. By Mr. Carleton, of GreeneA bill to create a Board of Commissioners for the county of Greene. By Mr. RankinA bill to require Receivers of Tax Returns to enter on their digests the first or c-hristian name of the tax payers in full. Also, a bill to change the line between the counties of Gordon and Floyd. By Mr. SpeerA bill to amend the Constitution of this State. By Mr. Wilson, of Fulton-
A bill for the relief of Burrell J. McNeil, of the county
of Fulton. By Mr. Hamilton, of FloydA bill to amend an Act entitled an Act to amend and
reduce into one the several Acts and amendments thereto, incorporating the village of Cave Spring, in the county of Floyd, approved December 14, 1871.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Cedar Creek Baptist Church, in the county of Floyd.
By Mr. DuggarA bill to consolidate the offices of Tax Collector and County Treasurer of the county of Fannin.

JANUARY J4, 1876.

47

Also, a bill to abolish the offices of County School Commissioner and members of the Board of Education in the county of Fannin, and for other purposes.
By Mr. W esselowskyA bill to prevent the sale of farm products between the hours of sunset and sunrise, and for other purposes.
Also, a bill for the relief of J. E. McGuire, of the county
of Bartow. By Mr. Graham, of DoolyA bill to repeal an Act, approved February 22, 1873,
entitled an Act to create a Board of Commissioners of Roads and Revenues in the county of Dooly, and for other purposes.
Also, a bill to fix the compensation of jurors in the County Court of the county of Dooly, and to provide for the payment thereof.
By Mr. SappA bill to regulate the pay of jurors in the county of Dodge. By Mr. MaxwellA bill to lay out and organize a new county from the county of Decatur, and for other purposes. By Mr. Smith, of DawsonA bill to require slopes to be constructed on dams across the Etowah river and its tributaries, in the county of Dawson. By Mr. StallingsA bill to authorize th~ County Commissioners, of the county of Coweta, to grant orders on the County Treasurer of said county, to pay grand and petit jurors for services rendered in the year 1875. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Coweta, and for other purposes. By Mr. LamkinA bill to create the office of Supervisor of Roads for the county of Columbia.

48

} OURNAL OF THE HOUSE

Also, a bill to authorize the Sheriff of the county of
Columbia to levy and collect tax .ft. fas.
By Mr. Hamilton, of ClinchA bill to amend an Act, approved March 3, 1875, for the relief of maimed and indigent soldiers, and for other purposes.
By Mr. WhittleA bill to regulate the pay of grand and petit jurors for the county of Chattahoochee, and for other purposes.
By Mr. LangA bill to protect sheep raising in the county of Charlton.
By Mr. NelmsA bill to abolish the office of Tax Receiver of the <:ounty of Campbell, and for other purposes.
By Mr. PierceA bill to change the line between the counties of Calhoun and Randolph.
By Mr. AtkinsonA bill to amend an Act prohibiting the sale, buying, receiving or delivering of certain farm products therein specified, between the hours of sunset and sunrise, in certain counties therein named, so as to apply the provisions of said Act to the county of Butts.
Mr. Atkinson also introduced the following resolution, which was read, to-\vit:
Resoh,ed, That his Excellency the Governor be requested to furnish to this body, at his earliest convenience, all information within his control as to what perquisites, fees, commissions and compensation (exclusive of annual salaries appropriated by law) that are incident to and attached to the offices of Secretary of State, State Treasurer, and Comptroller General, the sources from which the same arise, and what amount has been received in each of said ,offices from those sources during the two last fiscal years, and what appropriation is made of the same by law.

}A:o>UARY 14, 1876.

49

By Mr. Shewmake-
A bill to repeal an Act, approved February 19, 1873, abolishing the office of County Treasurer in the county of Burke.
By Mr. Turner, of Brooks-
A bill to prescribe the mode of granting licenses to sell intoxicating liquors in the counties of Brooks and Tattnall.
Also, a bill to fix the salary of the Judge of the County Court of the county of Brooks.
By Mr. BakerA bill to regulate the pay of jurors in the county of Bartow. Also, a bill to require the Judge of the Superior Court~r to give specially in charge sections 1402 and 1408 of the Revised Code of 1873.
By Mr. WalshA bill to regulate the time for whicli the Mayor and members of Council of the city of Augusta shall hold office, and for other purposes.
By Mr. TurnbullA bill to repeal an Act entitled an Act to create the office of State Geologist, and for other pul,"poses.
Mr. Turnbull also introduced the following resolution, which was read, to-wit:
Resobed, That his Excellency the Governor be and he is hereby requested to furnish, at his earliest convenience, any information that may be in his possession, to the General Assembly, in regard to the sale and disposition of the twelve hundred thousand dollars' worth of bonds issued under and by virtue of the Act approved February 19, 1873.
Resolved, further, That his Excellency the Governor be requested to specially state how said bonds were sold, to whom, and for what amount they were sold.
4

50

JOCRXAL OF THE HOUSE

By Mr. BowenA bill to change the time of holding the Superior Court in the county of Wilcox.
By Mr. HarrisonA bill for the relief of the city of Eufaula, Alabama,
Mr. Grimes, of Muscogee, offered the following resolution, which was agreed to, to-wit:
Resolved, That the Hon. Martin J. Crawford, Judge of the Chattahoochee Circuit, be invited to a seat on this floor during his stay in the city.
The Speaker announced the appointment of the newly elected members on the following committees, to-wit: =".' Committee on Judiciary-Irwin.
Committee on Internal Improvements-Irwin. Committee on Corporations-Binns. Committee on Education-Humber. Committee o.,n Deaf and Dumb Asylum-Holcombe.
Leave of absence was granted Mr. Burns on account of sickness.
On motion of Mr. Tumlin, the House adjourned until 10 o'clock to-morrow.

ATLANTA, GEORGIA,

}

January 15, 1876.

The House met pursuant to adjournment, was called t<> order by the Speaker, and opened with prayer by the Rev. John Jones, the Chaplain.

The call of the roll was, on motion, dispensed with.

The Journal of yesterday was read and approved.

Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:

51
Mr. Speaker: The Committee on Judiciary have had under considera-
tion the following bill, which they recommend do pass, towit:
A bill to provide for jury fees in the county of Baldwin.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to repeal an Act to amend the Constitution of this State, approved February 24, 1875, on the subject of reduction of homestead and exemption.
Also, a bill to repeal an Act entitled an Act to prohibit the 1.ale of intoxicating liquors within two miles in any direction of the Harmony Grove Academy, in the town of Harmony Grove, in the county of Jackson.
The regular order of business being the reading of bills the third time, the following bills were read and disposed of as hereinafter specified, to-wit :
A bill to amend the charter of the city of Milledgeville. Passed.
Also, a bill to provide for the construction of private ways to timber lands, in the county of Emanuel. Passed.
Also, a bill to organize a Criminal Court for the county of Heard. Passed.
Also, a bill to repeal an Act to consolidate the offices of Tax Receiver and Tax Collector with the office of Sheriff, in the county of Union. Passed.
Also, a bill to provide for jury fees in the county of Baldwin.
Mr. Harrison moved to amend said bill by adding the county of Quitman, which was agreed to.
Mr. Little moved to further amend said bill by adding the county of Jefferson, which \Vas agreed to.
The bill as amended then passed.
Also, a bill to regulate the pay of grand and petit jurors in the county of Dougherty. Laid on the table.

52

JOURNAL OF THE HOUSE

Also, a bill to amend the Constitution of this State, approved February 24, 1875, on the subject of reduction of homesteads under exemption.

On motion of Mr. McKinly, said bill was made the special order of Thursday next.
Also, a bill to repeal an Act prohibiting the sale of intoxicating liquors within two miles of Harmony Grove Academy, in the town of Harmony Grove, in the county of Jackson. Laid on the table.

The next business in order being the reading of House

bills the second time, the following bills were read the

second time and referred to the Committee on the Judiciary,

to-wit:

A bill to create a Board of Commissioners of Roads and

Revenues, for the county of Wayne, and for other pur-

poses.

Also, a bill to prevent the barter or sale of malt or

spirituous liquors within three miles of Union Church, in

the county of Richmond.

Also, a bill to alter and amend an Act to provide for the

manner of issuing county and municipal bonds, and to de-

clare all bonds issued contrary thereto null and void, so "far

as the same excepts the city of Augusta from the opera-

tions of said Act.

.Also, a bill to authorize the Superior Court of the

county of Fulton to grant charters operating over the

State.

Also, a bill to prevent the obstruction of the waters of

Beard's creek.

Also, a bill for the better compensation of Justices of

the Peace in the county of Oglethorpe.



Also, a bill providing for the hiring out of prisoners

confined in the jail of the county of Randolph for misde-

meanors, and for other purposes.

Also, a bill to repeal the 3674th paragraph of the Re-

vised Code of this State.

JANUARY IS, 1876.

Also, a bill to amend the 3725th paragraph of the Re-

vised Code of this State.

Also, a bill to more effectually provide for the collection

of the State tax against emigrant agents.



Also, a bill to amend an Act, approved February 20,

1873, entitled an Act to prescribe the mode of granting

license to sell intoxicating liquors in the counties of Burke,

Jefferson and Washington, and for other purposes.

Also, a bill to amend the Act entitled an Act to organize

a Criminal Court for the counties of DeKalb, Henry, Car-

roll and Sumter, and for other purposes.

Also, a bill to alter and amend section 3554 of the Code

of Georgia in relation to garnishments.

Also, a bill to fix the c-ompensation of jurors in the

County Court of the county of Dooly, and for other pur-

poses.

Also, a bill to amend the Constitution of this State.

Also, a bill to prohibit the sale of intoxicating spirits

within two miles of Cedar Creek Baptist Church, in the

county of Floyd.

Also, a bill to limit the time within which suits shall be

brought for the recovery of property which has been set

apart as a homestead, and for other purposes.

Also, a bill to create a Board of Commissioners for the

county of Greene.

Also, a bill to require Receivers of Tax Returns to enter

on their digests the first or christian name, in full, of all

tax payers.

Also, a bill to consolidate the offices of Tax Collector

and County Treasurer of the county of Fannin.

Also, a bill to prevent the sale of farm products be-

tween sunset and sunrise, and for other purposes.

Also, a bill to repeal an Act entitled an Act to create a

Board of Commissioners of Roads and Revenues in the

county of Dooly, and for other purposes.

Also, a bill to change the time of holding the Superior

Court of the county of Wilcox.

54

JouRKAL OF THE HousE

Also, a bill to authorize the County Commissioners of the county of Coweta to grant orders on the Treasurer of said county to pay grand and petit jurors for services rendered .in the year 1875.
Also, a bill to create a Supervisor of Roads for the county of Columbia.
Also1 a bill to require slopes to be constructed on dams across the Etowah river, in the county of Dawson.
Also, a bill to authorize the Sheriff of the county of
Columbia to levy and collect tax .ft. jas.
Also, a bill to regulate the pay of grand and petit jurors in the county of Chattahoochee, and for other purposes.
Also, a bill to fix the salary of the Judge of the County Court of the county of Brooks.
Also, a bill to abolish the office of Tax Receiver of the county of Campbell, and for other purposes.
Also, a bill to repeal an Act, approved February 19, 1873, to abolish the office of County Treasurer of the county of Burke.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Brooks and Tattnall.
Also, a bill to require the Judges of the Superior Courts to g'ive specially in charge sections 1402 and 1408 of the Revised Code of 1873.
Also, a bill to regulate the time for which the Mayor and members of Council of the city of Augusta shall hold office, and for other purposes.
The following bills were read the second time and referred to the Committee on Finance, to-wit:
A bill for the relief of J. E. Maguire, of Bartow county. Also, a bill for the relief of the city of Eufaula, Alabama. Also, a bill to regulate the pay of jurors of Bartow county.

JANUARY 15, 1876.

55

Also, a bill to repeal an Act entitled an Act creating the office of State Geologist, and to provide for a geological and mineralogical and physical survey of the State of Georgia, and for other purposes.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver in the county of Coweta, and to regulate the fees of the Collector.
Also, a bill to amend an Act to relieve maimed and indigent soldiers, approved March 3, 1875, so as to include those who have been disabled mentally and physically by wounds in the head.
Also, a bill for the relief of Burrel J. MeNeil, of the county of Fulton.
Also, a bill to fix .the pay of jurors' per diem in the <County of Muscogee.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Webster, and for other purposes.
Also, a bill to regulate the compensation of jurors and bailiffs in the county of Wayne.
Also, a bill to regulate the pay of grand and petit jurors of the county of Webster, and for other purposes.
Also, a bill to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of Webster.

The following bills were read the second time and referred to the Committee on New Counties and County Lines, to-wit:
A bill to lay out and organize a new county from the -county of Decatur, to attach the same to a Judicial, Congressional and Senatorial District, and for other purposes.
Also, a bill to change the line between the counties of Calhoun and Randolph.
Also, a bill to change the line between the counties of Floyd and Gordon.

56

JOURNAL OF THE HoUSE

The following bills were read the second time and ordered to be engrossed, to-wit :
A bill to change the line between the counties of Irwin and Worth.
Also, a bill to prevent the sale of farm products between the hours of sunset and sunrise in the county of Heard.
Also, a bill to regulate the pay of jurors in the county of Dodge.

The following bills were read the second time and ~e ferred to the Committee on Agriculture, to-wit:
A bill to amend an Act prohibiting the sale, buying, delivering or receiving of any farm products therein specified, between sunset and sunrise, in certain counties therein named, so as to include the .county of Butts in said Act.
Also, a bill to protect sheep raising in the county of Charlton.
Also, a bill to amend an Act entitled an Act for the prevention of cruelty to animals, approved March I, 1875

The following bills were read the second time and referred to the Committee on Education, to-wit:
A bill to abolish the offices of County School Commissioner and members of the Board of Education in the county of Fannin, and for other purposes.
Also, a bill to authorize and require the School Commissioners of the town district of Thomaston, and the County Board of Education of Upson county, to make conveyance of Academy lots to the Trustees of Thomaston High School, and for other purposes.

The following bills were read the second time and committed, to-wit :
A bill to protect the owners of stock in the county of \Vayne.
Also, a bill to define the liability of owners of pastures. or enclosures for stock in the county of \Vayne.

}ANUARY IS, 1876.

57

The following bill was read the second time and referred to the Committee on Corporations, to-wit :
A bill to amend an Act entitled an Act to amend and reduce into one the several Acts and amendments thereto, incorporating the village of Cave Spring, in the county of Floyd, approved December 14th, 1871.
The following resolution, introduced by Mr. Turnbull, was read and agreed to, to-wit:
f!.esolved, That his Excellency the Governor be requested to furnish, at his earliest convenience, any information that may be in his possession, to the General Assembly, in regard to the sale and disposition of the twelve hundred thousand dollars' worth of bonds issued under and by virtue of the Act approved February 19th, 1873, and specially to state how said bonds were sold, to whom, and for what amount they were sold.
The following resolution, introduced by :Mr. Atkinson, was read and agreed to, to-wit:
A resolution requesting his Excellency the Governor to furnish this body, at his earliest convenience, all information within his control as to what perquisites, fees, commissions and compensation (exclusive of annual salaries appropriated by law) that are incident to and attached to the offices of Secretary of State, State Treasurer and Comptroller General, and for other purposes.
On motion of Mr. \Narren, the rules were suspended, and the following bill introduced and read the first time~ to-wit:
By Mr. WarrenA bill to submit to the people of this State the qftestion of calling a Convention to form a Constitution of government, and to provide for the election of delegates to the same, and to designate the time and place of their meeting, and for other purposes. On motion of Mr. Hoge, three hundred copies of the

.58

JOURNAL OF THE HOUSE

reply of John Jones, late Treasurer, were ordered printed for the use of the House.
By request of the Committee on Finance, the Speaker announced the appointment of Mr. Irwin on said committee.
On motion of Mr. Speer, the rules were suspended, and the Clerk proceeded with tl}e call of the roll of counties for the introduction of new matter, when the following bills were introduced and read the first time, to-\vit:
By Mr. Kennedy, of BullochA bill to declare the true intent and meaning of section 926 of the Revised Code of 1873. Also, a bill to amend section 279 of the Code of Georgia -of I873, by striking from the exception contained in the 1st paragraph thereof the county of Bulloch, and to declare section 279 as amended, to 3 I7 inclusive, of said Code, applicable to and of force in the county of Bulloch. By Mr. PierceA bill to prohibit the sale of intoxicating liquors within .one mile from Morgan camp ground, in Calhoun county. By Mr. ShellnutA bill to amend an Act entitled an Act to incorporate the town of Bowdon, in the county of Carroll. By Mr. WhittleA bill to consolidate the offices of Tax Receiver and Collector of the county of Chattahoochee, and provide .compensation for the sam..-, and for other purposes. By Mr. Carleton, of ClarkeA bill to create and organize a new Judicial Circuit, to be composed of certain of the counties now in the Western, Ocmulgee and Flint circuits; to fix the times of holding th; Superior Courts in said new circuit; to provide for the appointment of a Judge and Solicitor General, and for
1
other purposes. Also, a bill to add a proviso to section 2Ist of an Act to
amend the charter of the town of Athens, approved August 24th, I872.

JANUARY 15, 1876.

59

Also, a bill to repeal an Act entitled an Act to regulate the letting out of contracts by county authorities, etc., so far as relates to the counties of Clarke and Oconee.
Also, a bill to amend an Act entitled an Act to create a County Court in each county of the State of Georgia, except certain counties, approved January 19th, 1872, so far as relates to the county of Clarke, and for other purposes.
By Mr. SaundersA bill to repeal an Act to create a Board of CommissioJ'\f!rS for the county of Clay, and to define the powers and duties thereof, approved February 2oth, 1873. By Mr. WinninghamA bill to fix the salaries of the Tax Collector and Tax Receiver of the county of DeKalb. By Mr. CassidyA bil~ to regulate the pay of jurors, and provide for the extra compensation of county officers in the county of Effingham. Also, a bill to regulate the compensation of the Tax Collector and the Receiver of Tax Returns, and for the collection of the county tax for the county of Effingham. By Mr. Kennedy, of EmanuelA bill to fix the amount to be charged for license to sell spirituous liquors in the county of Emanuel, and for other purposes. By Mr. HogeA bill to effect the purchase of one thousand copies of the volume, compiled and published by Hon. John L. Hopkins, entitled ''The Annotated Penal Laws of Georgia," and for oth.er purposes. By Mr. RankinA bill to compensate E. C. Murphy and the legal representatives of M. N. Rasbtlry for services rendered the State of Georgia..
By Mr. ChappellA bill to abolish the office of Tax Receiver of the county

60

JOUR:-1.-\L OF THE HOuSE

of Laurens, and confer the duties of said office upon the

Tax Collector of said county.

By Mr. Willis, of MaconA bill to prevent and make penal the reckless discharge

of firearms on the public highways of this State. By Mr. MeadowsA bill to repeal an Act to appropriate funds to the State
College of Agriculture and the Mechanic Arts, and to the

North Georgia College, and for other purposes.

By Mr. TerrellA bill to lay out and organize a new county from the

counties of Habersham and Franklin, and to provide for

the organization of the same. By Mr. WarnerA bill specifying the time when the property of County

Treasurers, or those acting as County Treasurers, and their security or securities, shall be bound upon their official

bonds, and for other purposes. By Mr. 'McKinly-

A bill to further amend the charter of Milledgeville. By Mr. WaffordA bill to amend an Act entitled an Act to abolish the

offices of Tax Collector and Tax Receiver of Murray county as separate offices, and to make the Sheriff of said county Tax Collector, approved February 4, 1875, and for

other purposes.

By Mr. ThomasonA bill to amend section 415 I of the Code of Georgia. Also, a bill to prevent the killing of game in the county of Morgan, and for other purposes.

Also, a bill for the relief of Daniel Dyer, Thos. Hallis and Lester Markham, of Morgan county.

By Mr. Bennett-

1

A bill to repeal an Act entitled an Act to confer civil

and criminal jurisdiction for the county of Pierce on the Mayor of the corporation of Blackshear, approved March
5,. I875

JANUARY IS, I8J6.

61

Also, a bill to change the line between the counties of
Pierce and Ware. By Mr. SpeerA bill to require all officers of the county of Spalding, or the courts thereof, who collect fines and forfeitures in said county, to pay the same into the county treasury, and to provide for disbursement of the same.
Also, a bill to repeal an Act to provide for the payment -of insolvent costs to the county officers of the county of Spalding, approved August 29, I 872.

By Mr. HumberA bill to change the lines between Stewart and Webster counties. By Mr. FicklanA bill to amend section 408 3 of the Code of Georgia. Also, a bill to prohibit the sale of any kind of intoxicating or ardent spirits within three miles of any church, school house or academ within the limits of Carsonville District, in the county of Taylor.

By Mr. Stallings-

A bill to amend the Constitution of Georgia.

By Mr. Alderman-

A bill to change the line between the counties of De-

catur and Thomas, in this State.

By Mr. Fain-

A bill to amend article third, section first, paragraph

third, of the Constitution of the State of Georgia. .

By Mr. Clements, of Whitfield-

A bill to appropriate money to pay P. M. Roberts for

-cross ties furnished the Western & Atlantic Railroad.

By Mr. Henderson-

A bill to change the line between the counties of 'vVorth

and Irwin.

'

By Mr. Kennedy, of Emanuel-

A bill to amend the several Acts incorporating the town

-of Swainsboro, in Emanuel county, and for other purposes.

62

JOURNAL OF THE HOUSE

By Mr. Bacon, of BibbA bill to amend an Act entitled an Act to incor~rate the City Bank of Macon, passed February 28, I874
Leave of absence was granted Messrs. Adams, Baker, Duke, Peeples and Simpson.
On motion of Mr. Livingston, the House adjourned until IO o'clock a. m., on Monday next.

ATLANTA, GEORGIA, } January I 7, I 876.
The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. The Journal of Saturday last was read and approved.
Mr. Potts offered the following resolution, to-wit:
Resolved, That until the question of calling a Convention be disposed of, no new bills to amend the Constitution will be received by the House.
Mr. Potts asked for a suspension of the rules for the consideration of said resolution, which motion did not prevail.
On motion of Mr. Warren, the rules were suspended, and the following resolution was read and agreed to, to-wit:
\VHEREAS, A resolution authorizing the appointment of three members from the Committee on Enrollment at last session, and to which resolution an amendment was offered by Mr. Warren and adopted, that Mr. Allred, of Pickens, be added to the committee, and Mr. Allred's name not appearing on the last Journal,
Resolved, That a record of the fact that Mr. Allred was appointed on said committee, and did the service required of said committee, be now placed on the present Journal.

jANUARY 17, 1876.

63

The regular order of business being the call of the counties for the introduction of new matter, the Clerk prot>eeded with the call, when the following bills were introduced and read the first time, to-wit :
By Mr. DugganA bill to fix the manner of collecting costs in civil cases

in this State. By Mr~ Clements, of WhitfieldA bill to regult-te and fix the compensation of grand and:
petit jurors in the county of Whitfield. By Mr. SearcyA bill to establish a Board of Commissioners for the
county of Talbot. By Mr. TootleA bill to provide for a county Board of Commissioners
for the county of Tattnall, and for other purposes. By Mr. BlackA bill to repeal the 2d section of an Act entitled an
Act to alter and amend an Act to incorporate the city of

Augusta, and for other purposes. By Mr. HutchinsA bill to declare dogs not to be property. By Mr. Stewart, of RockdaleA bill to change the line between the counties of De-
Kalb and Rockdale, and for other purposes.

Mr. Hardeman presented a memorial from the State Grange, which was referred to the Committee on Agricul-

. ture.

.

Mr. Livingston presented a memorial from the State Grange, which was referred to the same committee.

By Mr. WilliamsA bill to regulate the issuing of attachments when both plaintiff and defendant are non-residents. By Mr. Calhoun, of MontgomeryA bill to regulate the pay of grand and petit jurors for the counties of Montgomery and Telfair.


JouRNAL OF THE HousE

By Mr. RevillA bill to change section 1640 of the Revised Code by Irwin, Lester and Hill, and for other purposes. Mr. Bacon, of Bibb, chairman of the Committee on Corporations, submitted the following report, to-wit :

.1.l1r. Speaker:

The Committee on Corporations have had under consid-

eration the following bills, which they have directed me to

report back to the House with the recommendation that

the same do pass :

~

A bill to be entitled an Act to incorporate the Tybt:e Improvement Company, and for other purposes.
Also, a bill to be entitled an Act to change and define the corporate limits of the town of Camilla.
Also, a bill to be entitled an Act to appoint Trustees for the Macon Guards, and to grant them certain privileges, and for other purposes therein mentioned.
The call of the counties was resumed.
By Mr. Grimes, of MillerA bill to abolish the per diem pay of grand and petit jurors in the county of Miller. Also, a bill to amend an Act entitled an Act to organize a County Court in the counties of Calhoun, Baker, Quitman and Miller, and defining their jurisdiction, approved March 2, 1874, so far as said Act relates to the county of Miller. Also, a bill to regulate the sale of intoxicating liquors in the county of Miller.
By Mr. FredrickA bill to fix the compensation of the Tax Receiver, Tax Collector and Treasurer of the county of Macon, and for other purposes. By Mr. McAfeeA bill to prevent anti to punish cheating and swindling in the giving of mortgages, and for other purposes.



j.-\NL\RY IJ, 1876.

65

By l\Ir. ChappellA bill to regulate the sale of opium and the preparations thereof and therefrom. By Mr. RidleyA bill to create the office of Road Commissioner for the county of Jones.
By Mr. Clements, of IrwinA bill to change the line between the counties of Wilcox and Irwin.
By Mr. BrownA bill to alter and amend section 610 of the Revised Code of Georgia. By Mr. Clements, of IrwinA bill to make penal the catching of fish in the Alapjtha river, Deep creek, Hat creek, and all the branches of said streams, with seines, gill nets, traps, or any other device, except hooks and lines. By :Mr. WareA bill for the relief of James K. Strickland, of the county of Heard. By Mr. PeeplesA bill to regulate the fees of the President of the Board of Town Commissioners and Marshal of the town of Lawrenceville, in the county of Gwinnctt. By Mr. WilcherA bill to better insure the payment of fines and costs in the county of Glascock. Also, a bill to regulate the fees of Tax Collector for the county of Glascock. By Mr. HogeA bill accepting certain realty tendered by the Mayor and General Council of the city of Atlanta for the erection thereon of a State Capitol, and for other purposes. By Mr. DuncanA bill to amend an Act to preve;1t camp hunting in this State, so as to apply the same to the county of Douglas.
5

66

JouRN ,\L OF THE HocsE

By Mr. DuggarA bill to encourage sheep raising in this State. By Mr. \VesselowskyA bill to regulate the pay of grand and petit jurors m the county of Dougherty.
By Mr. SappA bill to change the line behveen the counties of Pulaski and Dodge. By Mr. McGillA bill to abolish the County Court for the county of Decatur. By Mr. Smith, of DawsonA bill to reorganize the Georgia Penitentiary, and for other purposes.
By"'Mr. Anthony-
A bill to amend an Act prohibiting the buying, selling, receiving or delivering of certain products therein specified, in certain counties therein named, approved August 23, I 872, so as to apply the provisions of said Act to the county of Clayton.
l\Ir. Duncan introduced the followin..; resolution, which was read, to-wit :
A resolution to pray the present Congress of the United States to at once repeal the law requiring National and State banks to pay a tax of ten per cent. on all bills issued for currency, and providing that a copy of this resolution be furnished each member of Congress from this State.
The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:
.Mr. Speaker : I am directed by his Excellency the Go\ernor, to de-
liver to the House of Representatives a communication in writing, with the accompanying document.
On motion of Mr. Lawton, the rules were suspended,

}ANUARY 17, 1876.

67

and the following resolution introduced by himself was read and agreed to, to-wit :
Resolved, That the following is hereby added to and made one of the rules of this House, to-wit: No section of the Code shall be amended or repealed by mere reference to its number, but the amending or repealing Act shall refer also directly to the subject matter in the title, and shall fully and distinctly describe the same to be amended or repealed, as well as the alteration to be made, and no bill shall be entertained by the House which does not conform to this rule.

The call of the counties was resumed.
By Mr. \Varren-
A bill to levy a tax for the support of the Government for the year 1876, and for other purposes.
Also, a bill making appropriations for the Executive, Legislative and Judicial Departments of the Government, and for other purposes.
On motion of Mr. Harrison, the rules were suspended, and the following bill was taken up, read the second time, and referred to the special Committee on the Constitutional Convention, to-wit:
A bill to submit to the people of this State the question of holding a Constitutional Convention, and to provide for the election of delegates to the same, and for other purposes.
The call of the counties was resumed.
By Mr. HogeA bill to incorporate the Harper Sewing Machine Company of Atlanta, Georgia, and for other purposes.
By Mr. Nelms-
A bill to prohibit hunting on the lands of another, in the .county of Campbell.

68

JouRNAL OF THE HocsE

By Mr. WilcoxA bill to change the line between the counties of Ware and Coffee, and for other purposes.
By Mr. PierceA bill to prohibit the sale of intoxicating liquors within the incorporate limits of the town of Morgan, in the county of Calhoun.
By Mr. Jones, of BurkeA bill to require the Ordinaries of this State to furnish collars for dogs in their respective counties, and for other purposes. By Mr. Hamilton, of FloydA bill to provide for the registration of dogs, and for other purposes.
By Mr. FainA bill to amend an Act entitled an Act to alter and amend an Act entitled an Act to incorporate the Union and Lumpkin Turnpike Company, and for other purposes. By Mr. MathewsA bi!l to repeal an Act entitled an Act, approved December 13, 1871, to create a Board of Commissioners of Roads and Revenues in certain counties therein named, so far as the same relates to the county of Berrien. By Mr. NealA bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Bartow.
Mr. Baker introduced the following resolution, to-wit:
A resolution providing for the appointment of a special joint committee of three Senators, to be appointed by the President of the Senate, and five Representatives, to be appointed by the Speaker of the House, whose duty it will be to investigate whether or not an Act authorizing the lease of the \Vestern & Atlantic Railroad has been violated, and report to the present session of the General Assembly.

JANUARY 17, 1876.

69

Mr. Turnbull introduced the following resolution, to-wit:

Resolved, That his Excellency -the Governor be author-

ized to sell, in such manner and upon such terms as shall

seem best to his Excellency, the lot in the city of Atlanta,

now the property of the State, and known as the "Foster

Blodgett lot. ''

I

By Mr. GeorgeA bill to reduce the Sheriff's bond of the county of Baker. Also, a bill to repeal an Act, approved February 28th, 1874, consolidating the offices of Sheriff and Tax Collector, and the offices of Clerk of the Superior Court and Tax Receiver of the county of Baker. By Mr. CarterA bill to change the line between the counties of Appling and Wayne. Also, a bill to amend an Act entitled an Act to form a Board of Commissioners of Roads and Revenues for the county of Appling. By Mr. BlackA bill to establish a State House of Reform, and for other purposes. By Mr. RevillA bill to change section 1645 of the Code by Irwin, Lester and Hill, and for other: purposes. On motion of Mr. Sharp, Col. J. R. Brown was invited to a seat upon the floor of the House during his stay in the city.

Mr. Brown introduced the following resolution, to-wit :

Resoh!ed, That all bills for the consolidation of the offices of Tax Receivers and Tax Collectors, that may hereafter be introduced, be referred to the Committee on the Judiciary, with instructions to report a general bill on that subject.

Mr. Brown moved to suspend the rules for the consideration of said resolution, which motion did not prevail.

70

JouR:-~AL oF THE HocsE

Mr. Peeples offered the following resolution, which was agreed to, to-wit:
A resolution authorizing an advance of $5,000 to the State Printer.
On motion of Mr. Peeples, the action of the House on said resolution, and a copy of the same, was ordered transmitted to the Senate.
Mr. Clements, of Walker, introduced the following resolution, to-wit:
Resolved, That after the 29th instant, the call of the roll of counties for the introduction of new matter be dis~ pensed with, except by a three-fourths vote of the House.
Mr. Clements, of Walker, moved for a suspension of the rules for the consideration of said resolution, which motion did not prevail.
The next order of business being the reading of bills the third time, the following bills were read the third time and disposed of, as is hereinafter specified, to-wit :
A bill to appoint Trustees for the Macon Guards, and to grant them certain privileges, and for other purposes. Passed.
Also, a bill to incorporate the Tybee Improvement Company. Passed.
Also, a bill to define the corporate limits of the town of Camilla, in the county of Mitchell. Passed.
Also, a bill to define the liability of owner of pastures -or enclosed lots for stock. Passed.
Also, a bill to protect the owners of stock in the county of \Vayne. Recommitted to the Committee on Agriculture.
Also, a bill to change the line between the counties of 'vVorth and Irwin. Passed.
Also, a bill to regulate the pay of jurors in the county of Dodge. Passed.
Also, a bill to amend and apply the provisions of an Act entitled an Act, approved August 23, 1872, to prohibit

i1
the buying, selling, delivering and receiving of farm products therein specified, between the hours of sunset and sunrise, and apply the provisions of said Act so as to embrace within its operation the county of Heard. Passed.
On motion of Mr. Warren, the following message from his Excellency the Governor, was taken up and read, towit:
EXECUTIVE DEPARTMENT, }
Atlanta, Ga., January 16, 1876.
To tlze Geueral Assembly : I have the honor to transmit herewith the report of
Messrs. Thomas L. Snead and Charles C. Kibbee upon the account of the State of Georgia with Henry Clews & Co., of New York. It was hoped that this report would be ready for transmission to the General Assembly with the Annual Message, but the preparation and receipt of it were unavoidably delayed.
The firm of Henry Clews & Co. acted as Financial Agent of the State during the administration of Governor Bullock. A correct statement of their transactions as such agent has been diligently sought, but hitherto without success. In the statement of account heretofore presented by them, they have claimed a balance, due from the State, of $IJ0,043.05. It was reasonably believed that this statement was incorrect, and the balance so claimed was not allowed. The correctness of this opinion is clearly shovm by the investigation made by Messrs. Snead and Kibbee.
As early as the month of December, 1873, Mr. Snead, of New York, was engaged to examine the accounts of Henry Clews & Co. He met with difficulties, howeverFirst, on account of opposition to the investigation, upon the part of Mr. Clews himself, and then because of the bankruptcy of said firm and the litigation consequent thereupon. In the month of May, 1875, Mr. Snead was given free access to the books of the company, and obtained important information for the State in regard to the condition of the treasury.

72

JouRKAL OF THE HousE

In the Summer of 1875 I succeeded in engaging the

services of the Hon. C. C. Kibbee, who, jointly with Mr.

Snead, made the investigation, of which the result is con-

tained in their report. From a brief summary of this

result, presented in the report, it will be seen that, instead

of the State being indebted to Henry Clews & Co., as

claimed by them, in the sum of $170,04305, the latter

owe the State a balance, on account, of $170,227.42.

The report is the result of a laborious and painstaking

investigation, and is both comprehensive and satisfactory.

It has entirely removed the necessity for any further in-

quiry into the account of the State with Henry Clews &

Co. The authors of it are entitled to adequate remunera-

tion for their services, and I recommend such an appro-

priation therefor as the General Assembly may deem just

and proper.

JA~IES l\L S:\1ITH.

REPORT OF TIIE CO~DIITTEE.
To tlte Honorable James Jll. Smzi!t, Go<'emor of t!te State of Georgia:
'vVe respectfully submit to your Excellency the following report upon the account of Messrs. Henry Clews & Co. with the State of Georgia :
By your direction, one of us began the examination of these accounts in the month of December, 1873, but the difficulties in his way, arising, first, out of Mr. Clews' apprehension that the investigation was not to be made in good faith, but for the purpose of learning facts to be used to the prejudice of his firm; and arising, next, out of the financial embarrassment, and eventual bankruptcy of Messrs. Clews & Co., and the litigation consequent thereupon, interrupted the successful prosecution of the investigation until about the month of May, 1875, when the assets, together with the books of accounts, etc., of the original and later firms of Henry Clews & Co., came finally
into the possession and under the control of J. Nelson

JANUARY IJ, 1876.

73

Tappan, Esq., assignee in bankruptcy of the older firm of Henry Clews & Co., and of C. F. Timpsom, Esq., assignee of the later firm. As soon as these gentlemen and their advisory committee of creditors were satisfied that the State of Georgia really desired to settle its accounts with Messrs. Clews & Co. fairly and justly, and that the investigation would be directed in perfect good faith to that end, they gave the attorney of the State free access to the books of account, correspondence, and other papers of Messrs. Henry Clews & Co., and submitted them unreservedly, and without limitation, to his inspection and examination, and gave him every facility for prosecuting the investigation, and at once furnished to him, for the use of the State, important information, which your Excellency had asked for and wished to use in investigating the condition of the State Treasury.
Shortly after this time, that is to say, about the 16th of July, 1875, your Excellency instructed us to conduct this investigation jointly. Since then, we have together made a careful and thorough examination of all the books, papers, accounts and correspondence of Messrs. Henry Clews & Co. so far as these relate to the transactions of that firm with the State of Georgia, and have together inspected every voucher which enters into these accounts, and read carefully all the correspondence between Messrs. Clews & Co., and Governor Bullock, Mr. H. I. Kimball and others ; and for the better comprehension of the matters which we were investigating, have, from time to time, sought and obtained the explanation, by Governor Bullock and others, of matters peculiarly within the knowledge of each of them ; and as the result of our labors, we confidently present to your Excellency what we believe to be a correct statement of Messrs. Clews & Co.'s account with the State of Georgia.
The basis of our investigation has been an account current rendered to the State by Messrs. Henry Clews & Co., a copy of which has been long in your possession.

74

JouR~,\L OF THE Hm;sE

This account current is in the form of four separate accounts.
1. The State of Georgia in account current with Henry Clews & Co.
2. The State of Georgia Bond Redemption Account in account with Henry Clews & Co.
3 The State of Georgia in account current with Messrs. Clews, Habicht & Co.
4 The State of Georgia in account current with Heniy Clews & Co.-this being a continuation of the first mentioned account, and embracing, also, the second and third accounts.

An analysis of the several accounts shows that they comprise the following matters:
The State is debited with1. Amounts made upon drafts drawn by Governor Bullock upon Messrs. Clews & Co. II. Amounts deposited by Governor Bullock's order \dth the Fourth National Bank to the credit of the State. III. Amounts paid upon drafts drawn and notes made by Foster Blodgett, Superintendent of the \Vestern & Atlantic Railroad Company. IV. The payment of certain gold coupons. V. The payment of certain coupons for interest on the endorsed bonds of the Alabama & Chattanooga Railroad Company. VI. The payment of certain past due bonds of the State of Georgia, and interest thereon. VII. The payment of sundry bills for printing and advertising. VIII. Commissions, interest and charges.

The State is credited with-
IX. The proceeds of the sale of $I,7jo,ooo gold and quarterly bonds.
X. Six thousand dollars cash.

JANUARY 17, 1876.

75

All of these transactions took place between the 10th of September, 1870, and the 16th of October, 1871, inclusive, except that the State is credited on the 25th of July, 1871. with $86,500, being the proceeds of the sale of $Ioo,ooo gold quarterly bonds, and the 15th of December, 1874, with $29,9 I I. 50, being the alleged avail of the sale of certain past due bonds of the State. We are of opinion, for reasons given further on in this report, that neither of these two items enters properly into these accounts.
We shall now take up and dispose of the several above mentioned matters, each in order, after first making a succinct statement of the circumstances under which this account was opened, and of the terms and conditions upon which Messrs. Clews & Co. agreed with Governor Bullock to make advances and loans to the State.
On the 18th day of July, 1870, the Committee of the Military District of Georgia notified Governor Bullock that in consequence of the passage by Congress and approval by the President of ''An Act to admit Georgia to representation in Congress," the State Government, which, until then, had only a provisional character, would be by him permitted to enter upon the discharge of its constitutional functions. This fact having been communicated by the Governor to the General Assembly, which was then in session, that body gave its immediate attention to the finances of the State, and quickly learned that there was no money in the treasury for the payment of the ordinary expenses of the State Government-not even for the payment of the current expenses of the General Assembly. Bills were immediately introduced authorizing the Governor to borrow money to meet these expenses, and on the 18th of August, 1870, the Finance Committee reported a bill authorizing the Governor to borrow sufficient money on the credit of the State, on such terms as to him shall seem best, to pay off the officers and members of the General Assembly. This bill was pressed to its passage, and

76

JouRNAL oF THE HousE

by the Governor's approval became a law on the 27th of August, 1876.
(For a copy thereof see Exhibit "A.")
Meanwhile the Finance Committee had, upon the recommendation of Governor Bullock, reported a more comprehensive bill as to the finances of the State, entitled "An Act to authorize the issue of bonds of the State, whereby to redeem all bonds and the coupons thereon, now due or falling due, and for other purposes therein mentioned."
This bill, after having been amended in some important particulars, became a law, by the Governor's approval, on the 15th of September, 1870. (A copy thereof is hereto appended as Exhibit "B.")
Doubts having arisen as to the true intent and meaning of these two Acts, these doubts were sought to be removed by the passage of an Act entitled "An Act to amend an Act to authorize his Excellency the Governor to borrow a sufficient amount of money on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly, appro\ed August 27th, 1870."
(This amendatory Act was approved October 5, 187o, and a copy thereof is appended hereto as Exhibit 'C.")
\Ve append copies of these laws because most of the transactions embraced in the accounts of Messrs. Clews & Co. with the State grew out of the enactment of these three laws, and are to be considered with reference to them. As these laws relate each to the other, and must be so construed, we have grouped them together. In doing this we have departed from the chronological order of events, to which we now return.
Upon the passage of the Act of August 27, I8Jo, Governor Bullock undertook to negotiate the loans which he was thereby authorized to contract, and to that end ordered $2,000,000 of State bonds-that is to say, two thousand bonds of $I ,000 each-payable twenty years

77
after date, and bearing interest coupons payable semiannually, to be lithographed for immediate use. And while the bonds were being prepared, he concluded, at Atlanta, an agreement with Mr. Lewis, an agent of Messrs. Henry Clews & Co., whereby the latter were to make advances to the State upon the pledge of these bonds, such advances to be made to an amount equal to fifty per cent. of the par value of such bonds as might be so deposited with them by the Governor. Under this. agreement Messrs. Clews & Co. were to receive from the State for their advances lawful interest thereon, and alsoto be paid by the State such commissions and charges as are by the custom of bankers paid in the city of New York for such services.
The bonds, thus prepared under the Act of August 27th, r8;o (commonly known as currency bonds), were quickly executed, and on the ;th of September, r8;o, Governor Bullock advised Messrs. Clews & Co. that he had, on the preceding day, forwarded $150,000 of these bonds to New York by express, and would that day forward $ r75, ooo more, and that as soon as these bonds should reach New York, John Rice, President of the Georgia National Bank, who was authorized to, and did, negotiate other loans for the State upon the hypothecation of similar bonds, would deliver them to Messrs. Clews & Co., to be held as collateral for advances to be made by them to the State, as agreed with Mr. Lewis, their agent.
On the gth and roth days of September, r8;o, $r 50,000 of these bonds were so deposited with Messrs. Clews & Co., and by the 24th of October, r8;o, the bonds deposited with them amounted to $800,000.
At the same time that Governor Bullock advised Messrs. Clews & Co. of the shipment of the first lot of these bonds, he also advised them he had drawn upon them several drafts, amounting in the aggregate to $5o,ooo, and thathe

78

JOURNAL OF THE Hot:SE

would continue to draw similar drafts from time to time,

.as funds might be needed.

_

On the 10th of September, 1870, Messrs. Clews & Co.

paid the first of these drafts, $20,000. The payment of

this draft is the first item in their accounts with the State

of Georgia.

(See copies of Governor Bullock's letters of September

3d and 7th, 1870, hereto appended. Exhibit "D.")

We now come to the examination, in detail, of the items comprised in the accounts :

.I.-THE A:lfOUNTS PAID BY MESSRS. CLEWS & CO. UPON DRAFTS MADE BY GOVERNOR BULLOCK.
The drafts paid on the 10th, I2th, I 5th and 19th days of September, 1870, amounting in the aggregate to $70,000, were drawn at sight on the 7th, 8th, 12th and 14th days of that month, respectively, by Rufus B. Bullock, Governor, payable to the order of the GeorgiaNational Bank. (Letter of September 7th, 1870.)
The drafts paid on the 5th, 6th and 8th of October, 1870, amounting to $30,000, were drawn by Rufus B. Bullock, Governor, on the 2d, 3d and 5th of September, payable to the order of N. L. Angier, Treasurer, thirty days after date. (Letter of September 3, 1870.)
The drafts paid on the 15th, 18th, 19th, 2oth, 21st and 28th of October, and on the 1st and 7th of November, 1870, amounting to $86,000, were drawn by Rufus B. Bullock, Governor, on the 13th, 14th, 15th, 17th, 18th, 25th and 29th of October and November 2d, respectively, payable at sight to the order of the Georgia National Bank.
The draft for $10,000, paid November 23, I8Jo, '\vas drawn on the 27th of October, 1870, payable twenty-five days after date; the draft for$ 15, ooo, paid November 29th, was drawn October 27, 1870, payable thirty days after date; the drafts for $10,000 and $15,000, paid December 1st and December 3d, 1870, were drawn October 27th, payable thirty and thirty-five days after date, respectively.

jANUARY 17, 1876.

79

These four drafts, amounting to $So,ooo, ,,ere all drawn by Rufus B. Bullock, Governor, payable to the order of the Georgia National Bank.
The five drafts paid on the 7th, 8th, 10th and I 2th days of April, 1871, were drawn by Rufus B: Bullock, Governor, on the 3d, 4th, 6th, 7th and 8th of February, payable, each, sixty days after its date, to the Georgia National Bank. They amount to $100,000.
The five drafts paid on the Ist, 3d, Sth, 8th and 10th of May, I871, were drawn by Rufus B. Bullock, Governor, on the 27th of February and the Ist, 3d, 6th and 8th of March, each, for the payment of $20,000, sixty days after <late, to the Georgia National Bank.
The aggregate amount of all the above mentioned drafts is $436,000. These drafts are all drawn by Rufus B. Bullock, Governor, and are countersigned by R. H. Atkinson, Secretary of the Executive Department, and bear the impress of the seal of that department. Governor Bullock also advised Messrs. Clews & Co. of the drawing of all these drafts, and requested them to accept and pay the same. They constitute a proper charge against the State.
(See Governor Bullock's letters, hereto appended, of September 3d and 7th.)

H.-AMOUNTS DEPOSITED BY MESSRS. CLEWS & CO. WITH THE FOURTH NATIONAL BANK TO THE CREDIT OF THE STATE, BY DIRECTION OF GOVERNOR BULLOCK.

The following amounts appear by certificates of the Fourth National Bank to have been deposited with it by Messrs. Clews & Co., to the credit of the State:

January 3, I8JI .

. $Ioo,ooo oo

January s, I871 . . . . . . . . . .

so,ooo 00

January I7, I871 . . . . . . . . . .

2S,OOO oo

February IS, I871 . . . . . . . . .

10,000 00

April I, I87I, Ss,ooo gold. . . . .

s,s28 I2

April2o, I87I, $I,OOO gold. . . . .

I,II7 so

May 4, I871 . . .

. . . . . . . . . s.ooo oo

80

J ocR::-<AL OF THE HousE

May 10, I77I, $5,ooogold ... May IO, I871, $5,000 gold . . . July 1, I87I, $5,000 gold ... . July I2, 1871, $5,000 gold . . . September 6, I8Jl, $2,000 gold . September 30, I87I, $2,000 gold . . . .

5,000 OO.
5, 568 75
5,668 75
5,637 so
2,270 00
2;297 so

These deposits, amounting to .

. $223,088 IZ

are properly charged to the State of Georgia by Messrs.

Clews & Co.

III.-AMOUNTS PAID UPON DRAFTS DRAWN, AND KOTES MADE, BY FOSTER BLODGEIT, SUPERINTENDENT OF THE WESTTERN & ATLANTIC RAILROAD.

(1.) Notes payable to the Tennessee Car Company, and to E. N. Kimball, Manager.

In the accounts of Messrs. Clews & Co., the State is

charged with the payment of six of these notes :

February 3, I87I-note and charges. . . $ 6, I77 56

February 24, 1871-note and charges . . . . 8,281 53

December 20, 187o-note and charges.

8,283 3I

January 6, 1871-note and charges . . . . . 6,236 OJ

January 31, 18JI-noteand charges..

6,503 97

March 22, 1871-note and charges . . . . . 12,007 70

$47.490 10 (Copies of these notes are hereto appended as Exhibit ''E.'')
The only authority by virtue c1f which these notes appear to have been made seems to have been derived from the following contract :
"Georgia, Fulton county-The Tennessee Car Company, by E. N. Kimball, Manager, and the Western and Atlantic Railroad, by Foster Blodgett, Superintendent, agree as follows: The Tennessee Car Company are to furnish and deliver to the Western and Atlantic Railroad fifty box cars of usual height and width, with double roof of

81

clear pine grooved sheeting, and flooring of matched pine,

and make after latest patterns thoroughly braced, trussed

and inned, for the price of $85o per car. The Tennessee

Car Company are to commence delivering the cars at Chat-

tanooga or Dalton within sixty days, and deliver all within

nm. ety days.



"The Tennessee Car Company, by E. N. Kimball, Man-

ager.

"The \Vestern and Atlantic Railroad, by Foster Blod-

gett, Superintendent.

"Atlanta, Georgia, April 5, I870.

"Approved: Rufus B. Bullock,

'Governor, and ex-officio Pres't vV. & A. R. R."

Two of the notes in question, the one dated July 14th, I870, for the payment of $8,280, seven months after date, to the Tennessee Car Company, or order, and the other dated July 25th, I8JO, for the payment of $6,176, to the Tennessee Car Company, six months after date, both for value received in freight cars, seemed to have been made under pretext of the above contract, and they are regular in form and appearance-that is to say, they are made by "The Western and Atlantic Railroad, by Foster Blodgett, Superintendent," are payable to the "Tennessee Car Company, or order," and bear the memorandum, ''State property requires no stamp,~ and, moreover, Messrs. Clews & Co., were instructed by Governor Bullock to pay them. vVe are, therefore, of opinion, that they are properly charged against the State, the one on the 3d of February, I87 I, the other on the 24th of the same month, together with the costs of protest.
(See Bullock"s telegram, February 3d, I87r. Exhibit ''F.")
As to the remaining four notes, we are advised that except the contract above quoted, there has never existed any authority under which these notes, and others similar thereto, could have been legally made; that, at least, no
6

82

Jm:RNAL OF THE Hou5E

mention of any such authority can be found, after diligent search, in the records of the vVestern & Atlantic Railroad, or in those of the Executive Department of Georgia. Now, this contract authorizes the payment of only $42,500. But the six notes held by Messrs. Clews amount to $47,378. 33; and, moreover, similar notes for a large amount have been paid out of the State treasury, and two others, amounting to over $20,000, are known to be outstanding.
The suspicion excited by a knowledge of these facts is confirmed by an examination of the notes themselves, and by the significant fact that while Governor Bullock ordered the payment of the two notes, which are regular in form and appearance, we cannot find that he ever authorized the payment of the remaining four, but we are, on the contrary, assured by him that he never did approve them, or order them to be paid. It is true that there is attached to one of the irregular notes an order upon Messrs. Clews & Co. to pay it, signed "H. I. Kimball, Agent State of Georgia." But we have not been able to find any authority upon the part of Mr. Kimball to order the payment of the note, or to act in the matter as agent of the State of Georgia.
But to return to an examination of the notes themselves. Such an examinati.on shows that four of these notes differ materially in form from the two which we have
allowed, and that each of them bears upon its face proof
that it was not executed in pursuance of any contract between the \Vestern & Atlantic Railroad and the Tennessee Car Company. The two notes which were so executed are expressed to have been ''for va:lue received in freight cars;" are dated at the office of the Superintendent of the Western & Atlantic Railroad; are signed, as they legally should be, "'{he \Vestern & Atlantic Railroad, by Foster Blodgett, Superintendent;" are payable "to the Tennessee Car Company or order," and are unstamped.

JANL'ARY Ij, 1876.

83

Each of the remaining four notes is defective in two or more of these essential particulars. They are all stamped. Two of them are not dated at the office of the Superintendent of the Western & Atlantic Railroad; nor are they made by the Western & Atlantic Railroad, but are, in form and substance, the individual no,es of Foster Blodgett.
The other two are not payable to the order of the Tennessee Car Company, and not one of the four purports to have been made "for valu~ received in freight cars."
vVe are of opinion that the \Vestern & Atlantic Railroad was never liable for the payment of these notes, and that Messrs. Clews & Co. having paid them improvidently, and without authority, cannot charge the State with their payment.
(2.) Notes to J. Boorman Johnston & Co.
On the 30th of June, 1870, the western & Atlantic Railroad, by Foster Blodgett, Superintendent, made a note for the payment of $25,000 to Messrs. J. Boorman Johnston & Co., six months after date; and on the 15th of November, 1870, a similar note for the payment of a like amount to the same parties, sixty days after date. One of these notes matured, and was, by request of Governor Bullock, paid by Messrs. Clews & Co. on the 3d of January, 1871 ; the other on the 17th of the same month.
From the evidence taken in' 1872 by "the committee appointed to investigate he official conduct of Rufus B. Bullock, late Governor of Georgia," it appears that these notes were gtven for moInI ey loaned to the 'vVestern & Atlantic Railroad by Messrs. J. Boorman Johnston & Co., at the request and by authority of Governor Bullock ; that the money thus obtained was deposited in New York to the credit of I. P. Harris, Treasurer, and that it was by him drawn through the Georgia National Eank.
(See report of committee, p. 126.) (See Bullock to Clews & Co., December 26, 1870. Exhibit "G.")

8-!

JoL'R);AL OF THE HousE

(3.) Drafts in favor of the East Tennessee, Virginia & Georgia Railroad Company.
The \Vestern & Atlantic Railroad, by its Superintendent, Foster Blodgett, drew two sight drafts upon Messrs. Clews & Co. on the 30th of.December, 1870, the one for the payment of $I3,646.o8, and the other for the payment of $5,46o. 38, to the order of James G. Mitchell, Treasurer of the East Tennessee, Virginia & Georgia Railroad Company. Both.of these drafts bear upon their face the approval of Governor Bullock, and \\ere paid by Messrs. Clews & Co., upon his request, January 3, I87I.
(See letter of Bullock to Clews & Co., December 30, I 870, included in Exhibit "G.")

(4.) Drafts in favor of the Nashville & Chattanooga Railroad Company.
On the 26th of December, I870, four (4) drafts, each for the payment of $25,000, to the order of E. W. Cole, President of the Nashville & Chattanooga Railroad Company, fifteen, thirty, forty-five and sixty days after date, respectively, were drawn upon Messrs. Henry Clews & Co. by the \\'estern & Atlantic Railroad, by Foster Blodgett, Superintendent, and on the 25th of February, I87I, two other drafts were drawn by the Western & Atlantic Railroad, by its Superintendent, upon Messrs. Henry Clews & Co., for the payment, o'he of $26,776.85, and the other of $I,653-3I, to the order of E. W. Cole, President, three days after sight. These drafts are all approved upon their face by Governor Bullock. They matured January I 3th and 28th, February I 2th and 27th, and March 8th, I87I, and were, by request of Governor Bullock, paid by Messrs. Henry Clews & Co.

(See Governor Bullock's letters,: December 2oth and 26th, 1870; see Governor Bullock's letter, December 25th, I870-included in Exhibit "G.")

85
(5.) Notes given to the Ohio Fall~ Car and Locomotive Company.
There are seven of these notes, six of them for the payment, each, of $5,000, and one for the payment of $3,500, to the order of the Ohio Falls Car and Locomotive Company, one month after date. They are all made by the Western & Atlantic Railroad, by Foster Blodgett, Superintendent, and are dated December I5, 1870. They amount, with the interest thereon, to $33,551.39, were paid by Messrs. Henry Clews & Co. on the 26th of January, I87J, upon the request of Governor Bullock.
It seems that these notes were given in payment of cars delivered by the Ohio Falls Car and Locomotive Company to the \Vestern & Atlantic Railroad, under a contract for the sale and delivery of a large number of cars; that in consequence of the leasing of the \Vestern & Atlantic Railroad this contract was annulled ; that these notes were given for the value of the cars actually delivered prior to the date of the lease, and that they were not paid at maturity because the negotiations for annulling the contract were still pending at that time.
(Seetelegram, Bullock toCiews& Co., January I7, I8JI,
included in Exhibit "G.") (6.) A note dated October 8, I8;o, was made by the
vVestern & Atlantic Railroad, by its Superintendent, for the payment, four months after date, of $I5,625, to J. P. Stidham & Co., ''for constructing the Union Depot.'' Messrs. Clews & Co. paid this note, upon the request of Governor Bullock, February I I, I87 I.
(See Governor Bullock's telegram February 3, I87I. Exhibit "F.")
(7.) On the 26th of December, I870, the \\"estern and Atlantic Railroad made its draft upon Messrs. Henry Clews & Co. for the payment of $30,000 to Isaac P. Harris, Treasurer, thirty-five days after date. This draft bears the

86

JouR"AL OF THE HousE

approval of Governor Bullock upon its face, and \vas, upon his request, paid by :Messrs. Henry Clews & Co., on the
4th of March, I871.
(See letter of Governor Bullock December 28, I870, included in Exhibit "G.")

RECAPITCLATION.

The following drafts and notes above mentioned seem to

have been paid by Messrs. Clews & Co., by direction of

Governor Bullock, and they are, in our opinion, properly

charged against the State in their account. They amount

in the aggregate to the sum of $291, IJ2. 10.

The four notes which we decline to allow amount to

$32,9I9. 24.
1. To the Tennessee Car Company, two notes.$I4,459 09

2. To J. Boorman Johnston & Co., two notes.. 50,000 00

3. To theE. T., Va. &Ga. R. R. Co., twodrafts 19,106 46

4 To the N. & C. R. R. Co., six draffs . . . I28,430 I6

5 To the Ohio Falls Car and Locomotive

Company, seven notes . . . . . . .
6. To J. P. Stidham & Co., one note . . .
7 To Isaac P. Harris, Treasurer, one draft .

33,55I 39 I5,625 00 30,000 00

$291, I72 10
IV.-Jtt.rrEREST COUPONS OF THE GOLD QUARTERLY BONDS.
The State is charged in the account rendered by Messrs. Clews & Co. with the payment of 2, 37 3 coupons, of $I 7 50 gold, each. As vouchers for these charges, we find among the assets of Messrs. Clews & Co., 2, I3 I coupons, for the payment of matured interest on the gold quarterly bonds, but the larger part of these coupons are for the payment of interest on bonds which have been declared null and void by the General Assembly. And a few of them were not paid for account of the State, and do not enter into this account.
Of the number in hand, however, 1,045 are properly charged in their accounts against the State, and we have given Messrs. Clews & Co. credit therefor.

JA~L'ARY 17, I876.

87

We also find among the papers of Messrs. Clews & Co.

4, I so coupons of $I7. so gold, each, being the matured

coupons which Messrs. Clews & Co. detached from the

gold quarterly bonds when these were respectively sold by

them, that is to say : the January, I87J, coupons, of the

entire amount of bonds originally consign-

ed to them . . . . . . . . . . . . I,6so coupons

TheApril and July coupons of the I, ISO

bonds, sold September, I871 . . 2,300 coupons

The July and October coupons of the bonds

reported sold in I872 .

200 coupons

Total . . . . . .

4, ISO coupons

These coupons have all been duly canceled, and exhibit conclusive proof on their face that they were so canceled. The existence of these coupons in this form demonstrates that the State ha&, not paid any part of the interest which accrued upon the gold quarterly bonds before they were sold; that it has suffered no loss in this particular through Messrs. Cle\\'S & Co., or any one else ; and that the large outstanding amount of these coupons, $72,625 gold, can never be made a charge upon the treasury. It is proper, in this connection, to mention that Messrs. Clews & Co.'s assignees hold a large number of coupons for the W'ment of interest on the gold bonds, issued under the Act of October, I870, but they are not embraced in their account as rendered, and the State has declared that entire issue of bonds to be null and void.

\'.-THE AL\BA:\Ir\ & CHATTA~OOGA RAILROAD CO~IPAXY'S DITEREST COuPONS.
Governor Bullock instructed Messrs. Clews & Co. to pay the maturing interest coupons of such of the A. & C. R. R. Co.'s bonds as had been endorsed by the State of Georgia. The liability of the State for the payment of such coupons, upon default of the railroad company to meet them, was not, at that time, seriously questioned,

88

JOURK.\L OF THE HousE

and it was thought to be sound policy for the State to pay them promptly, so as not to impair, but rather to strengthen, its credit, upon the faith of which it was then seeking to sell a very large amount of its obligationsthat is to say, its gold quarterly bonds. 'Whether Governor Bullock's action was wise or not, does not, however, affect the liability of the State to pay back to Messrs. Clews & Co. the amounts which they paid out in taking up these coupons. Governor Bullock's order was sufficient authority for that firm to pay the coupons, and to hold them, as it does, against the State, as vouchers for such payments. The amounts charged to the State, in the account rendered, aggregate $8,65o.oo, and Messrs. Clews & Co. hold that amount of coupons. They are entitled to be credited therewith, and with all reasonable charges, and with lawful interest.

\'I.-PAST DUE Al\D l\IATURDIG BO:'IfDS REDEE~IED BY MESSRS. CLEWS & CO.

In the account current, rendered by Messrs. Clews &

Co., the State is debited with the payment of past due

bonds, $272,250.00, and interest thereon to date of pay-

ment, $12,641.08.

Among the assets of Messrs. Clews & Co. ''"e can find

so. of the. bonds only $g8, 2

They are all duly canceled,

and are properly described in Exhibit "H."

The State is properly charged with the sum of $g8,250

on this account, and with the amount of interest which was

due upon said bonds at the time of their payment, and

with the reasonable charges and commissions of Messrs.

Clews & Co. in this behalf, and with lawful interest on the

advances made in paying these bonds and the accrued

in~rest thereon; and in the amended account current,

which we present herewith, Messrs. Clews & Co. are cred-

ited with these several amounts.

But we are of the opinion that the State is not legally

or fairly chargeable with the sums which :Messrs. Clews &

JANUARY 1/, 1876.

89

Co. may have paid out in taking up past due bonds of the State and paying the accrued interest thereon, except where such bonds are presented as vouchers for such payments. Of the $272,500, and interest thereon, which they have charged against the State in their account current, their assignees can produce proper and sufficient vouchers for the payment of only $g8,250 ~nd interest. For the payment of the remaining $174,000 and interest, they can produce no vouchers whatever. The items making these amounts do not, therefore, enter prop~ly into the account between the State and Messrs. Clews & Co.
We might conclude this part of our report \vith the preceding remarks, but the books of Messrs. Clews & Co. disclose, as to these $174,000 past due bonds, facts which we think it best to submit plainly to your Excellency.
Messrs. Clews & Co. allege, and no doubt truthfully, that they did actually take up these bonds and pay the accrued interest thereon at the time set forth in their account current, and continued to hold the bonds until December rsth, 1873.
They further say that on the 15th of December, 1873, acting upon the advice of their counsel, and with the assent of a committee of their creditors, they sold the $ r74, 000 of past due bonds at public auction, in the cit.of New York, after giving one day's notice of such sale in the Daily Register, a newspaper published in said city, and they credited the State, December 15, 1873, with the alleged proceeds of such sale, viz : $ r8, 62 5. They claim that they had a right to sell these bonds at that time and in that way, because, as they allege, the State was largely indebted to them for advances made in taking up these bonds and on other accounts, and had refused to pay such indebtedness, or any part thereof; and this refusal, as they were advised by their counsel, gave them the right to sell the bonds and apply the proceeds of the sale to the payment of the State's alleged indebtedness.
\Vhether the advice of counsel, and the consequent ac-

90

JouRXAL oF THE HocsE

tion of Messrs. Clews & Co. in this matter, were based

upon a misapprehension of the facts of the case, we will

inquire further on in this report, after completing the his-

tory of the transaction.

The State (as the account entered by l\Iessrs. Clews &

Co. shows) was credited, December 15, 1873, with $18,625,

being the alleged price for \vhich the bonds were sold on

that day. But the bonds were still in the possession of

Messrs. Henry Clews & Co., as their property, on the 2d March, 1874, for~ find among the papers of that date an

agreement to sell these very $I74,000 past due bonds to
one J. D. Hayes for 92 Yz per cent. net of their par value,

viz: $I6o,950; and $I56,5oo of said bonds were appa-

rently sold and delivered to him, and he paid Messrs.

Clews & Co. therefor $I44,762.50.

It is fair to presume that the remainder of said $I74,000

past due bonds, viz: $I7,500, were sold by Messrs. Clews

& Co. for about the same price.

Of the bonds thus alleged to have been taken up for

account of the State, and to have been afterwards sold for

the sum of $I8,625, about $ISO,ooo have been since pre-

sented at the State treasury for payment, and have been

paid by the Treasurer, with the accumulated interest

thereone

This statement of facts, most of which are plainly dis-

closed by the books of Messrs. Clews & Co., and all of

which are susceptible of demonstration, shows:

1. That the State is charged, in I87 I, with the redemp-

tion of bonds $I 74,000 and interest.

2. That the State is credited, in December, 1873, with

the proceeds of the sale of $174,000 past due bonds,

$I8,625.

3 That Messrs. Clews & Co. received in March, 1874,

from the sale of $174,000 past due bonds, from

Hayes . . . . . . . . . . . .

. $I44,762 so

And from other parties, probably . . . . .

16,187 50

}A:XUARY I7, I876.

91

4 That the State has outstanding only about $37,000 past due bonds of all kinds, and consequently must have paid at its treasury the very bonds which Msssrs. Clews & Co. claim to have redeemed for it in I87::!.
5. That none of those bonds can be found among the assets of Messrs. Clews & Co.
From this statement of facts, it seems plain to us that it would be rank injustice to debit the State with the amounts which Messrs. Clews & Co, claim to have paid out for the State in taking up $I74,000 past due and maturing bonds, and in paying the accrued interest thereon, and to credit it with only $I 8, 62 5 as the proceeds of the sale of the same bonds, when Messrs. Clews & Co. actually received from such sale about $I6o,ooo.
Admitting, for the sake of argument, that Messrs. Clews & Co. did take up and pay these $I74,000 bonds and the accrued interest thereon, and that the State was indebted to them on that account, and refused to pay such indebtedness, and that such refusal gave to Messrs. Clews & Co. the right to sell said bonds summarily, the State should have been credited with the actual proceeds of the sale of the bonds-viz: $I 6o,ooo-and not with the proceeds of the summary sale at which they were bought in by, or for, Messrs. Clews & Co.
But Messrs. Clews & Co. had no right to charge the State with advances for taking up its past due bonds and afterwards to summarily sell said bonds for account of the State. They do not pretend, nor is there an expression in their correspondence on the subject indicating, that these bonds were taken up by them to be held as collateral for the advance~ made in taking them up.
The facts all show that they took them up in the ordinary course of business for the account of the State. The very title of the account, ''Bond Redemption Account," shows this-the cancelation of $98,250 of the bonds-and tpeir continued holding of the remainder long after the State's

92

JouRNAL oF THE HocsE

refusal to pay its alleged indebtedness confirms it. We do not suppose that any one pretends seriously that bonds taken up under such circumstances could be lawfully put upon the market again by the person who had so taken them up. From the moment that the State was charged with the money paid by Messrs. Clews & Co. in taking up a bond, that bond was in their hands a voucher only and nothing more. But even if this were not so; if, on the other hand, Messrs. Clews & Co. did hold these bonds, as they claim, as collateral for the State's alleged indebtedness to them, they still could not have legally sold them, for that the State was not indebted to them at the date of said sale is evidenced from the facts submitted in the report.
(See Exhibit "I," containing an account of the sale, etc.)
VII. -PRINTING AND ADVERTISING BILLS.
The State is debited in these accounts with the following amounts:
For lithographing bonds . . . . . . . . . . . For advertisements as to payment of interest
and maturing bonds . . . . . . . . . . . 3,206 95 For publishing Governor Bullock's letter to
Senator Scott, in Europe and America . For sundry bills of the B. R. R. . . . . .

$16,368 61 Though these obligations seem to have been recklessly contracted, they appear, with the exception of the last sum, $327.15, to have been lawfully contracted, and to have been paid by Messrs. Clews & Co. by the direction, or \vith the express assent, of Governor Bu4lock. Sufficient vouchers for every payment, with a few unimportant exceptions, have been shown to us. We think, therefore, that Messrs. Clews & Co. are entitled to credit for all of these payments, except the $327.15, paid for account of the Brunswick & Albany Railroad Company, which sum must be stricken from their account.

jANUARY IJ, I8J6.

93

VIII. -COMMISSIONS AND CHARGES.
In the account herewith submitted, we have allowed Messrs. Clews & Co. interest on all balancs at the rate of seven per cent. a year, and a commission of one per cent. for making advances. In the account tendered by Messrs. Clews & Co., the State is charged at the rate of seven per cent. a year on the amounts advanced to it, and also a commission of 2~ per cent. every sixty days on the balance due by the State, together with interest on those balances.
There is much contrariety of opinion among bankers as to the proper allowance to be made for commissions, and
Messrs. J. Nelson Tappan, and Mr. C. F. Timpsom, the
assignees of Messrs. Clews & Co., both of whom are experienced bankers, and gentlemen of the highest character, express their decided opinion, in a letter hereto appended, that the commissions charged by Messrs. Clews & Co., are not too great, and one of us, Mr. Snead, is disposed to allow the commissions charged, though not the interest thereon. Differing as we do, upon this point, we submit the facts to your Excellency, without expressing any concurrent opinion on this particular question.
IX.-PROCEEDS OF THE SALE OF SEVENTEEN HUNDRED AND FIFTY THOUSAND GOLD QUARTERLY BONDS.
Under an act of the General Assemhly approved September I 5, 1&70 (heretofore referred to), four millions of gold quarterly bonds were executed.
Of these $I,ooo,ooo were never used but were returned to the treasury and canceled. The remaining $3,000,000 were disposed of during Governor Bullock's administration as follows, to-wit :
$250,000, Nos. 2 to 250, and No. 653, were sent to.
Henry Clews & Co., October 7, I870 (see Kimball's letter.
of same date appended to report), and were afterwards,. that is to say, on the 22d and 23d of November, I8JO, de- livered by the order of Governor Bullock to H. I. Kim-

'94

JOURNAL OF THE HOUSE

ball, in payment for the Opera House, and upon a stipula-

tion upon the part of Kimball that he would take up and

surrender to the State a like amount of temporary currency

bonds, which had been previously delivered to him,:also in

payment of the Opera House aforesaid. These currency bonds so dilivered to Kimball were not intended for sale, but \Vere to be retired by the gold quarterlies, as is evidenced by the letter of H. I. Kimball to Henry Clews &
Co., dated October 29, xS;o, hereto appended.

One hundred thousand ($wo,ooo) dollars of the gold

quarterlies, Nos. 251 to 350, were paid to J. H. James, of Atlanta, Ga., for the purchase of the Executive Mansion,

and one million six hundred and fifty thousand ($I, 650,000)

.dollars were sold by Henry Clews & Co., through the bank-

ing house of Clews, Habicht & Co., and the State is credited with the proceeds of such sale.

One million dollars gold quarterlies were afterwards exe-

Cuted. Of these, five hundred thousand ($500,000) dollars,

Nos. 2001 to 2500, were delivered to Mr. Russell Sage, of New York, as security for loans previously made by him

on the faith of $530,000 currency bonds, and as security

for loans then and thereafter to be made by him. The re-

maining $500,000 quaterly bonds were deposited by Gov-

ernor Bullock with the Fourth National Bank, and on

the 25th day of July, ISJI, Governor Bullock withdrew

$100,000, Nos. 2501 to z6oo, and deposited them with M~ssrs. Henry Clews & Co. as further collateral for ad-

vances made by them to the State.

On the--day of

187-Governor Bullock with-

drew from the Fourth National Bank one hundred thous-

and ($100,000) dollars more of these gold quarterlies, Nos.

2601 to 2700, and hypothecated tliem with the New York . Loan and Trust Company as collateral for a loan of $75,000
to the State. And the balance of the second issue of gold

' quarterlies, amount $300,000, Nos. 2701 to 3000, together with Nos. 2001 to 2500 of the first issue delivered to Rus-

95
sell Sage, Esq., have been since returned to the State and canceled.
There are now outstanding of these gold quarterlies, $2,000,000, Nos. I to 2000; and $200,000, Nos. 250I to 2700, or a total of two million two hun.dreci thousand ($2,200,000) dollars, of which one hundred and two thousand dollars, Nos. 797, 798, roro, I629, I630, I633, I741, 1771 to I774, I791, 1792, 181 r, 1825, 1826, I840, 2501 to 2575, 259I to 2600, have been declared void, leaving outstanding and recognized two million and ninety-eight thousand ($2,098,000) dollars.
In this connection we call attention to the fact that in the account, as rendered by Henry Clews & Co., the State is credited with the proceeds of the sale of $roo,ooo quarterly bonds, July 25, r872,at86_Yz', amounting to $86,500.
This amount should be deducted from the credit allowed the State, as also two thousand dollars ($2,000), the par value of two other bonds declared by the State to be invalid, under an Act framed August, 1872 (pamphlet laws, p. 6). The State having declared these bonds invalid and void, cannot legally and equitably be credited with their sale.
The State seems to have been. properly credited with the price paid for the gold quarterly bonds sold by Messrs. Clews & Co., through Messrs. Clews, Habicht & Co., of London.
Appended hereto are memoranda of the number of these quarterly gold bonds sold by Messrs. Henry Clews & Co., per account of the State. The proceeds of $500,000 were placed to the credit of the State on the I sth of February, 1871; of $ISO,OOO on the 8th of September, I8JI, and of $100,000 on the 25th of July, 1872. This last mentioned sale of $100,000 bonds \vas made after the bonds had been declared null and void, and, as has been above stated, the item has been stricken by us from the accounts. The bonds sold on the 15th of February, 1871, bore the coupons maturing April I, 1871. The coupons which rna-

96

JocRC\.-\L OF THE HoL'SE

tured January r, r8JI, were detached and canceled, and were among the assets of :Messrs. Clews & Co.
The bonds sold in September, r8JI, bore the coupons which matured in October, 1871. The coupons which matured prior to that time were detached and canceled, and are in the possession of the assignees of Messrs. Clews & Co. (See Exhibit "J. ")
Cl"RREC\CY BONDS.
Under an Act approved August 27, 1870, and an Act amendatory thereof, approved October 5, 1870 (hereto appended), Governor Bullock had prepared and issued two millions of bonds-2,000 bonds of $1,000 each.
Of these, there are in the hands of Mr. C. F. Timpsom, assignee in bankruptcy of the second firm of Henry Clews & Co., $8oo, ooo.
with J. Boorman Johnston & Co., $120,000, the same
having been hypothecated with them for a loan of $8o,ooo to H. I. Kimball.
With the Fulton Bank, of Brooklyn, $50,000, hypothecated on loan of $35,000 to H. I. Kimball. Making a total of $970,000 currency bonds now outstanding, the remaining $I,030,000 having been returned to the State canceled.
THE STERLING BONDS.
The assignees of Messrs. Clews & Co. also hold thirty
bonds of soo each, which, with the past due coupons
thereto, and the interest which accrued upon the bonds after maturity, were taken up and paid by Messrs. Clews, Habicht & Co., for account of the State, as set forth in their account. These bonds are, of course, held as vouchers against the ~tate, but o1ght to be delivered up to it, along with the currency bonds, canceled past due bonds, and canceled coupons, notes, drafts, etc., embraced in the accounts, and now in the possession of the assignees in bankruptcy of Messrs. Clews & Co.
RECAPITULATION.
In the accounts hitherto submitted by :\Iessrs. Henry

97

Clews & Co. against the State, the State is charged with a

balance due of $Ii0,043.05, on the 2oth day of October,

187 I. In the account appended as an exhibit to this report,

the State is entitled to be credited with the sum of $170,-

227.42, with interest thereon from the r6th day of No-

vember, 1871.

This difference in the two accounts is due to the fact-

I. That we have deducted from the account of

said firm, for bonds unpresented . . . . $174,000 oo

2. For notes paid Tennessee Car Company . 32,919 22

3 For gold coupons unpresented. . . . . . 23,240 oo

4 For accounts B. & A. R. R. . . . . . .

327 15

together with the interest charged thereon, and have re-

duced the commission and interest account, as heretofore

explained in the body of our report, and as will more fully

appear in the account herewith submitted. In making out

the account, we have departed from the form in which it

has hitherto been presented, and we have not only consoli-

dated the various accounts, but we have arranged each

charge against the State in the order of its alleged pay-

ment, and given the State credit for sale of bonds at the

reported dates thereof.

vVith the exception of the "Redemption Bond Book,"

we have had access not only to all the books of the firm

of Messrs. Henry Clews & Co., but also to their private correspondence with Governor Bullock, H. I. Kimball and

others, and with these aids we have subjected each sepa-

rate item of the account to careful examination. vVith

confidence, therefore, we submit, as the result of our

labors, the opinion that the State is not indebted to Messrs.

Henry Clews & Co. in any sum whatever, but, on tr.e

contrary, said firm is justly indebted to the State in the

sum of $170,227.42, with interest thereon from the 16th

day of November, 1871.

Respectfully submitted,

THmrAs L. SNEAD,

7

c. CHAS.

KIBBEE .



08

JOURXAL OF TilE HOCSE

EXHIBIT ''A."
I. An Ad to authorize his Excellency, the Governor of this StatP, to borrow sufficient money on the credit of the State, on such terms as to him shall seem best, to pay off the officers and members of the General Assembly.
SECTIO:o> 1. Be it enacted by the General A.~~embly, That his Excellency the Governor, be and he is hereby authorized and requested to effect a loan to the State, by bond or otherwise, upon such terms as to him shall seem meet, of a sufficient amount of money to pay off the members and officers, and other expenses of this General Assembly, and that the Treasurer of this State meet and pay off the debt thus contracted, and interest thereon, out of the first f,mds coming into his hand~.
Approved Angt1st 27, 1870. Laws of 1870, p. 420. Public Laws of 1870, p. 4.
EXHIBIT ''B."
II. An Act to authorize the issue of bonds of this State, whereby to
redeem all bonds, and the coupons thereon, now due or falling due, and for other purposes therein mentioned. SEOTI0::-1 1. Tlu General Assembly of this State do enact, That for the purpose of meeting and redeeming all bonds of this State, and the coupons thereon, now due, or when the same shall have fallen due, and for such other purposes as the General Assembly may direct, his Excellency the Governor is hereby authorized to issue bonds of this State, sufficient in amount to meet all outstanding bonds, and the coupons thereon, now due, and as the same shall fall due, until otherwise ordered by law, and for such other pnrposes as the Gener11l Assembly may direct; such bonds to bear interest at a rate not exceeding seven per cent. per annum, with interest payable quarterly in gold, at such place or places as the Governor ,nay desi~,rnatc, said bonds having twenty years to run, and to be redeemed at the end of that period in gold coin. SEc. 2. Be it further enrtcted, That nothing in tl!is. Act shall be con&trued to authorize the use of saiL! gold bonds in funding the outstanding bonds, or to authorize the exchange of said gold bonds for any outstanding bonds of the State. SEc. 3. Be it further enacted, That said bonds shall be signed by his Excellency the Governor, and countersigned by the Comptroller General, and shall by the Comptroller General be registererl in a book to be kept for the pnrpose, and the amount so issued reported also for record in the Treasurer's office. SEc. 4. Be it fu.rt!ter enacted, That the sterling bonds and the interest thereon, until paid, be paid in gold or its equivalent. SEc. 5. Be it j'nrtlter enacted, That all laws and parts of laws conflicting with this Act, be and the sa ne arc herehy r!'pe<~led. Approved September Vi, 1870. Laws 1870, p. 10. Public Laws 1870, p. 4.



JANUARY 17, 1876.

99

EXHIBIT "c."
III. An Act to amen<l an Act to authorize his Excellency the Governor to borrow a sufficient amount of money, on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly, approved August 27, 1870.
SECTION 1. Be it enacted by the General A8sembly, That the said Act be and the same is hereby amended, so that if the loan authorized by said Act is effected by bonds, that the Treasurer of the State shall pay the interest thereon at a rate not exceeding seven per cent., and the principal thereof, when the same shall fall due; and that his Excellency the Gov-ernor, be and he is hereby authorized and requested to provide by loan, as aforesaid, a sufficient amount of money to pay off the officers of the civil establishment and other expenses of the State, authorized by this General Assembly.
SEc. 2. Be it further enacted, and it is hereby enacted by the General Assembly aforesaid, That nothing in this Act contained shall be construed to authorize the Governor to issue any other char:1cter of bonds thaa those a:Jthorized by an Act approved September 15, 1870.
S&c. 3. Repeals conflicting laws. Approved October 5, 1870. Laws of 1870, p. 419. Public Laws 1870, p. 5.
EXHIBIT "D."
Gooernor Bullock'~ Letters to Messr.~. Cle1os & Cu.
ExECFTIYE DEPARTMENT, STATE OE GEOR<HA, ) ATLANTA, GA., September 3, 1870.,-
Messrs. Henry Clews & Co., 32 Wall St., New York:
GENTLE)IE:s--1 have, this day, made drafts upon your house, as pPr arrangement with your ~[r. Lewis, for $10,000, payable thirty days from September 2d, through J. H. James, private banker; also same amount payable thirty days from September 3d, and ,hirty days from September 5th. through the Atlanta Nation11l Banli:. The necessary papers, covering $55,000, have been executed and delivered to 1\[r. Lewis.
Appreciating your kin<lness in this matter, I am, very respectfully, Rl;Fr~ B. BuLLOCK.
EXHIBIT "D.''
EXECl'TIYE DEPART)IENT, STATE OF GEOIWIA, ) ATLANTA, GA., September 7, 1870.;
."Messrs. Henry Clems & Co., No. 32 Wall St., Ne1c York City:
GE:s-TLE~EN-One hundred and fifty thousand dollars of the Georgia :State 7 per cent. currency bonds were shipped by express last night, and one hundred and seventyfi ve thousand Llollars of the sanw go by to-night's
.expre~s.

100

JOL'R:\.\L OF THE HousE

:Mr. John Rice, President of the Georgia National Bank, will arrive iD

New York on Friday morning, and will deposit the bonds named with

you as they arrive, to be held by you as collateral a,gaiust our account as

per the aiTangement with your 1\lr. Lewis. You will, therefore, please

open an account with the State of Georgia, and I will keep you supplied

with our bonds to be held as collateral security against our account, at

the rate of fifty cents on the dollar. I have heretofore, as advised, drawn

on you at thirty days for a total amount of $30,000, and have this day

drawn at sight, payable to the order of the Georgia National Bank, for

$20,000, and will, on to-morrow, draw a &imilar draft for a similar

amount, and in the same manner from time to time as we may need the

funds. Drafts will be made payable to the order of the Georgia National

Bank, signed by myself as Governor, certified to by the Executive Sec-

retary, and bearing the seal of the Executive Department.

Our gold b()nd bill has passed the House; has had two readings in the

.Senate ; has been favorably acted upon by the Finance Committee, and

will, doubtless, pass within a day or two. When the bonds can be pre-

pared under this Act and placed in the market, we will be able to liquidate

our account, and retire the currency bonds now used as collateral.

I am, very respectfully,

[Signed]

RFFGS B. BaweK..

EXHIBIT "E."

Copies nf .Notes made to TennesRee Car Company and to E. N. Kimball.

WESTER:-< & ATLANTIC R. R., OFFICE SUPERINTENDE:s"T,) ATLANTA, Ga., July 25, 1870. )
Six months after date, the Western and Atlantic Railroad pr()mise to

pay the Tennessee Car Company, or order, sixty-one htmdred and seventy-

six dollars, for value received in freight cars. Payable at Henry Clews

& Co.'s, 32 Wall 8treet, New York.

l S~ate property
rcqurres no stamps. )

The Western & Atlantic Railroad, By FosTER Br.oDGETT, Sup't_

Endorsed: Tenne~see Car Company,

By E. N. Kimball, .Manager.

J. P. Stidham & Co.

'VEsTERN & ATLANTIC RAILROAD, OFFICE SrPERINTENDENT,} ATLANTA, GA., July 14, 1870.
Seven months after date the Western & Atlantic Railroad promise to

pay the Tennessee Car Company, or order, eighty-two hundred ai!d

eighty dollars, for v.1lue received in freight cars. Payable at Henry

Clews & Co.'s, 32 Wall Street, New York.

The Western & Atlantic Railroad,

State property .

By FosTER BLODGETT, Sup't_

requires no stamps. )

Endorsed: Tennessee Car Corr.pany,

By E. N. Kimball, :Manager.

T. P. Stidham & f'o.

James 0. Pease, Treasurer,

A. II. Stevens.

JANUARY IJ, I8J6.

101

[Stamps.]

ATLANTA, GA., June 17, 1870.

Six months after date I promise to pay to the order of Tennessee Car

Company, eighty-two hundred and eighty dollars, value received. Pay-

able at Georgia National Bank, Atlanta, Georgia.

$8,280.00.

(Signed)

FosTER BLODGETT,

Sup't Western & Atlantic Railroad.

Endorsed : Tennessee Car Company,

By E. N. Kimball, Gen'l Manager.

Pay Henry Clews & Co., or order.

H. I. Kimball,

Henry Clews & Co.

[Stamps.]

ATLANTA, GA., June li, 1870.

Five months after date I promise to pay to the order of TennessEe

car Company, sixty-one hundred and seventy-six 28-100 dollars, value

received. Payable at Georgia National Bank, Atlanta, Georgia.

$6,176.28.

(Signed)

FosTER BLODGETT,

Sup't Western & Atlantic Railroad.

Endorsed : Tennessee Car Company,

By E. N. Kimball, General )lanager.

Pay Henry Clews & Co., or order.

H. I. Kimball,

Henry Clews & Cu.

'\\-E~TEP.N & ATL.\:XTIC R.\IJ.IWAD, OFFICE SFPERINTEXDEXT,)
ATLAXTA, GA., July 25, 1870. >'

Five months after date the Western & Atlantic Railroad promise to

pay E. N. Kimball, ~Ianager, or order, six thouRancl four hundred an:l

sixty dollars, for value received. Payable at the office of Henry Clews

& Co., 32 Wall Street, New York.

$6,460.00.

(Signed)

Western & Atlantic Railroad,

[Stamps, $3.25.]

By Fo.;TER BLODGETT, Sup't.

Endorsed: "Tennessee Car Cm11pany,"

By E. N. Kimbail, General )lanager.

WESTERN & ATLAXTIC RAILROAD, OFFICE SUPERINTENDE:OCT,) ATLANTA, GA., July 8, 1870. >-

Eight months after date the Western & Atlantic Railroad promises to

pay to E. N. Kimball, l\Ianager, or order, twelve thousand and six 05-100

dollars, for value received. Payable at the office of Henry Clews & Co.,

32 Wall Street, New York.

$12,006.05.

(Signed)

The Western & Atlantic Railroad,

By FosTER BLODGETT, Sup't.

EndorsPd: E. X. Kimball, )lauager.

D. L. Holden, Assistant C.

NEw YonK, :March 22, 187L
Messrs. Henr11 Cle1es & Co., 32 Wall Street, New York: GEXTs-1 am directed hy his Exeelleney Governor Bullock, to request

102

JouR:'\AL oF THE HousE

you to pay the note of the Western & Atlantic Railroad, due March 11th.

$12,006.0.5, and cil.arge the same to the Stat<'. Your prompt attention

will oblige, yours truly,

H. I. KmBALL,

(Signed)

Agent State of Georgia.

EXHIBIT "F."
Copy of Telegram., dated Atlantll, Ga., Februan, 3d, 1811, Receiud at 1 p. m.
To Henry Glew8 & Go. : Please pay Western & Atlantic notes to Tenne~sec Car Company, en-
do:sed by J. P. Stidham, for six thousand one hundred and seventy-six dollars ($6,176), due January twenty-eighth (28th); same character, eight thousand two hundred and eighty ($8,280), due February seventeenth (17th); also one to order of J. P. Stidham & Co., for fifteen thousand six hundred ancl twmty-fivc ($15,625), dne February eleventh (lith).
Ren;s B. BrLwcK, Governor.

EXHIBIT "G."

EXHTTIYE DEPAR'DIEXT, STATE OF GEORGB,

)

ATI.A:STA, GA., December 26, 1870. ),

Me8sn. Henry (;lews & Go.:

GESTLE.\IEX-1 have telegraphed yon this day as follows: "Drafts

Nos. 1, 2, 3 aml 4, dated to-day, for $2,500 each, at 1.5, 30, 45 and 60

days, have been made on you as per my letter of 20th inst. Nos. 1 and 2

have been discounted here. Nos. 3 and 4 go to Nashville." Please accept

on presentativn. I write by to-day's mail. These drafts were signed by

the Hon. Foster Blodgett, for the Western & Atlantic Railroad, endorsed

by myself, as Governor and ex-officio President of Western & Atlantic

Railroad, and approved with the Executive seal, made payable to the
order of E. w. Cole, President, etc., who will also endorse.

The indications nnw are that a lease of the road will be effected to take

effect on or about the 1st day of February next, and these matters will

then be transferred from the Railr Jad account to the State account,, in

regard to which you will be fully advised.

:Messrs. Boorman Johnston & Co. bav e a note of the 'Vestern & Atlantic Railroad, appro-,ed by myself, for $25,000, which falls du~ on the

2d of January. Please take up the note when due, and bold on account

as requested in my letter of the 20th inst. They also hold a note for a.

similar amount due on the 19th of January, which we will thank you tOo

protect, unless you are advised of some other arrangement made prior to

that date.

Yours, respectfully,

RrFrs B. BuLLOCK.

EXHIBIT "G."
Gounwr Bullock to Gleu:s & Co., December 20, 1810. I send you, by express, balance of the $2,000,000 of bonds prepared mder authority of the Act approved September 1.5, 1870, being in all $900,000, numbered from 1101 to 2000 inclusive.

}A:\t.:ARY IJ, 1876.

103

I encloSt', herewith, copy of an Act authorizing the lease of the State

Uoad. By the 8th section thereof, you will observe that it is made my

duty to provide for the payment of the floating debts and liabilities of

the Western & Atlantic Railroad. The lease of the road is not likely to

take place sooner than sixty days hence, and what I desire now, is that

you will provide for such advances as we may need to meet the liabilities

of the road now due, and to fall due within that time, the whole amount

of such liability not to exceed $200,000. As security for this advance,

you will have the note of the Western & Atlantic Railroad, signed by th'

Superintendent and approved by myself as Governor and ex-officio Pres-

ident of the road, as provided by the Code, and you are hereby author-

ized, in addition, to retain, as collateral, such number of the gold bonds

of the State as may be necessary to properly secure the amounts. I sha!l

want for this purpose not to exceed $100,000, on the 1st and 4th days of

January next.

I have spoken on this subject to your }lr. Lewis, who left here last

evening, and I hope that you will be able to accommodate us with it.

' Please telegraph me on receipt, a brief-yes or no-that I may be ad-

vised as to whether the arrangement can be effected.

Very truly yours,

RnFu~ B. Bn.r.qcK.

EXHIBIT ''G."

ExEcrTIYE DEPART~EXT, STAT& OF GEORGIA. ) ATLAXTA, GA., February 25, 1871.)

Messrs. Henry Clews & Co., No. 32 Wall Street, NeM York Oity:

GEXLTE~IEN-I have approvej the draft of lion. Foster Blodgett, Supe1intendent of the Western & Atlantic Railroad, at three days after Right, to the order of E. W. Cole, President Nashville and Chattanooga

Railroad, on you for $26, 776.85-dated February 25. Also one of similar

character for $1,653.31. These drafts will be sent to Washington for ~Ir. Blodgett's signature, and by loim forwarded to Messrs. V. R. Stevenson & Son, New York, for acceptance by you. They will then be forwarded to Nashville, Tennessee, for the endorsement of Cole. These amounts are the final balance in settlement of the sum due the Nashville

& Chattanooga Railroad, and close that account. Please pay after en-

dorsement on presentation.

Very respectfully, Rnns B. Bn.r.ocK.

EXHIBIT ''G.''

Copy of Teltgram, dated Atlanta, Go., January 17, 1871, Received at 1:45 p. m.

To Henry Clews & Co. :

Please pay note of the Westem & Atlantic Railroad to the Ohio Falls

Company, Jeffersonville, Indiana, made payable at your banking house

on Wednesday, the 18th inst., amounting to thirty-three thousand five

hundred dollars.

Rrn:s B. BuLLOCK.

104

JouRNAL OF THE Hoes

EXHIBIT "G."

Gover1wr Bullock to Clews & Co., Decem!Jer 28, 1870.

The following is a copy of dispatch this day sent you:

.. I have approved draft dated December 26th, at 65 days for 11;30,000,

payable to the order of Isaac P. liaiTis, Treasurer of the Western & At-

lantic Railroad. It will go forward through the Georgia National Bank.

Please accept.

RUFus B. BuLLocK."

The lease of the Western & Atlantic Railroad has been effected, and

these matters will all be provided for in State account. We are advised

by letter of a late date from :Mr. Calhoun that the Treasurer has remitted

a sufficient amount to cover the State's indebtedness to the Fourth Na_

tiona! up to the 1st of January.

Ycry respectfully,

H. E. CARSO:S,

SecrPtary Executi l'"e Department.

EXBIBIT "II.''
Canceled Pa.<t Due Bond.; of tlle State of Georgia, in po.;ession of J. Nelson Tappan, Trutee of Henry Clezos &; Co.
Thirteen bonds of $300 each, signed Charles J. J cnkins, Governor, John Jones, Treasurer; dated February 1st, 1866, payable 1871, nmnbered 7, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25.
Ten bonds of $500 each, signed Howell Cobb, Governor, N. C. Barnett, Secrcta1y; dated January 1st, 1852, payable 1862, numbered 78, 79, 80, 81, 82, 83, 84, 85, 86, 87.
Ten bonds of $500 each, signed George W. Towns, Governor, N. C. Barnett, Secretary; dated July 1st, 1848, payable July 1st, 1868, numbered 486, 487, 488, 489, 490, 491, 492, 493, 494, 108.
Forty.one bonds of $1,000 eaeh, signed George ,V. Crawford, Gov-
ernor, N. C. Barnett, Secretary; dated July 15th, 1844, payable September 1st, 1869, numbered 1 to 9, 62, 64, 66, 67, 72, 74, 75, 78, 90, 91, 128, 136, 138, 140, 141, 142, 170 to 180, 204, 215, 216, 28, 139.
One hundred :;nd sixty-three lJOnds of $250 each, signed Clmrles J. 1\IcDonald, Governor, Joel Crawford, President of Commissioners of \V. & A. R. R.; dated January 25th, 1840, payable June 1, 1870, numbered 1, 1, 4, 4, 6, 11, 12, 15, 15, 16, 16, 17, 17, 17, 17, 18, 20, 20, 20, 22, 22, 32, 85, 35, 40, 40, 41, 42, 43. 48, 50, 52, 54, 60, 62, 64, 68, 73, 75, 75, 76, 81, 82, 83, 84, 85, 87, 87, 88, 90, 91, 92, 93, 93, 94, 94, 95, 96, 96, 97, 98, 102, 102, 106, 110, 115, 116, 119, 120, 11l8, 138, 139, 140, 143, 146, 147, 148, 151, 156, 170, 186, 1!J1, 192, 194, 196, 197, 204, 208, 209, 212, 228, 22!J, 230, 231, 237, 239, 240, 244, 245, 249, 250, 232, 253, 255, 269, 272, 273, 281, 292, 306, 307, 308, 309, 316, 320, 321, 322, 327, 332, 335, 341, 342, 847, 353, 354, 356, 357, 358, 359, 360, 361, 362, 364, 370, 373, 374, 375, 412, 415, 416, 417, 418, 420, 423, 424, 427, 441, 443, 447, 452, 453, 500, 456, 476, 484, 485, 486, 488, 489. 490, 492, 493, 498.

}AKUARY I7, 1876.

105

EXHIBIT "I."
Henry Clews & Co. redeemed for the State of Georgia, in the years 1870 and 1871, bonds to the amount of........................... $272,250
()f these were canceled163 of $250 each ............................................. $40,7.50 41 of 1,000 each .............................................. 41,000 33 of 500 each ................................................. 16,500 - 98,250
$174,000 A. H, :Muller & Son, December 13, 1873, on one day's notice in the Daily Register, sold of these bonds so redeemed by H. C. & Co., the camount of $174,000, which were bought at said sale by H. C. & Co. for $18,625. H. C. & Co. subsequently disposed of these bonds so purchased by them, as follows, viz:
To J. D. Hayes.............................................$156,500 To Louisa and Annie Clews ......... ............. ... 12,500 To Chittenden & Hubbard............................... 5,000-$174,000

[Copied from book "stocks sold." No. 15, i.)
December 15, 1873, sold by :Muller & Son for account of the State of Georgia-
1,000 Georgia 7 per cent., 1864........................ $ 180 1,500 Georgia 6 per cent., 1865...... ...... ...... ...... 135 9,500 Georgia 6 per cent , 1868 ..... ............ ..... 1,030 7,000 Georgia 6 per cent., 1869 ....................... 740 9,750 Georgia 6 per cent., 1870........................ 1,040 128,250 Georgia 6 per cent., 1871..................... 14,000 17,000 Georgia 7 per cent., 1871...... ........... ..... 1,500-$18,62.'l.OO

174,000 sOO,OOO Ga. 7 per cent. currency, 7.25....... ... ....... 7,800
30 ster. bonds State Ga., 1.20..... ........... 3,600- 11,400.00

30,025 00

Less com. charged ............................................... ..

113.50

$29,911.50 As appears from duplicate account rendered by A. II. Muller & Son, the above sale took place December 13, 1873, and notice of sale was published in Daily Register, December 12th.
[Copied from Letter Book marked "A," page 2.)
l\Lmca 2, 1874. J. D. Hayes, Esq.:
DEAR SIR-We hereby agree to give you an option for six months on ~174,000 Georgia bonds (past due), a list of which you have, at 92!,

106

JouR:-<.\L OF THE HocsE

charging interest from above date, and will deliver the bonds as fast as

required. It is understood and hereby agreed by you and ourselves that

we in no way guarantee these bonds in any particular, but the sale is

made to you as they me. After said bonds, or any part thereof, are de-

livered and paid for by you, the price, at 92!, is to be net to us. The

sale to you, as fast as the bonds are delivered and paid for at that price,

with interest from )larch 2d, is absolute and without future reclamation

upon us.

Very re~pcctfnlly, yours,

[Signet!]

HENRY Cr.Ews & Co.

[Copied from Letter Book ::'<o. 221, page 431.]

Misses Loui.a a~Ml Annie Clew":

NEw YoRK, )larch 13, 1874.

we hand you herewith twelve thousand five hundred Georgia State

homls (past due), and one hundred shares of }lanufacturers and Builders

Bank stock, being in full payment of your claim and demands upon us

under our agreement, held by you, dated August 31, 1871. Under this

arrangement, it is understood and agreed that said agreement of August

31, 1871, shall be considered as fully perfonned, except as to the pay-

ment of the coupons of the thirty Burlington bonds therein referred to,

which we oblig~te ourselves to pay in gold coin on presentation to us,

when due, in lieu of their being funded, as provided by the Burlington,

Cedar Rapids &; )Iinnesota Railroad Company.

[Signed]

HENHY CLEWS & Co.

Dr.

Collection Account (Account John D. Hayes)-Contra.

Cr.

-f874_1 _ _ __

July 30,To Cash Account.....

$146,146 45

f),

71

" 8' "

I"

13: 16'

"

" 19' " 23 : June 1 "
I
$146,146 45 I
- - - - - - ---~-------

NoTE-This is a Special Collection Account, and the only one in Stock Ledger K.

Natiopal!Jank on or !lbout the dates they were received.

$ 5,791 75 11,010 03

10,437 13

5,218 95

23,054 12 ........
12,402 04 >
7,128 12 ~
6,538 14 >
11,282 33 :;;l 5,214 92 ><:

8,539 59 ..... 7,039 15 ~

2,969 69 .....

............................ I

3,690 50.:::;
1,1161 40 0\ 3,500 35 .

3,150 60

8,260 48
........ i 9,557 16

____ _1-:!146,146-4.')

The moneyo were deposited in Mechanics

~
0
""l

;-J.
0 0.

Dr.

J D. Hayes.

Cr.

---- ------

------ 1874 I

I

Marelt 2iTo CaRh Ac-156,500 Ga. J1ondR, at 92f $144,762 50

;t~I~7~~-~B~ CaR~~ccount..~~~~~-~-=.~-~~ $146,~

July 30,To Interest on Account to June 1st...... I 1,407 30 July 30 By Balance of Account.....................

23 35 ._

~~~0

I

i $146,109 80

$146,169 80 ~

~ - - - - -------~-----

-----~-

------~~---------

--~------

Transcribed from Ledger K, folio 673. The postings are from Cash Book 55, folio 205, and Cash Book !i7, folio ;G.-A-memo-

randum on Drpo~it Book has 'II. C." against J. D. Hayes' lJalanc<, $28.35.

~

'Tl

>-l :I: t'l
::r:
c0
<n t'l

}AXUARY 17, 1876.

109'

Georgia Bonds Redeemed by Hmry Clews & Co~
[Transcribed from Ledger I, folios 343, 345, 347, and 287.]

1870 Nov. 30.........$ 1,000
Int ......
" 30......... 3,500
Int ......
" 25......... 1,250
Int ..... Dec~ 5......... 250
Int ......
" 10......... 2,250
Int ......
" 10......... 1,000
Int ......
" 10......... 750
Int ......
" 17......... 250
Int ......
" 22......... 500
Int ......
" 22......... 3,500
Int ......
" 22......... 250
Int ...... 1871
Jan. 4......... 250 Int.. ....
" 4......... 1,000
Int.. ...
" 4......... 18,000
Int ......
" 4......... 1,000
Int ......
" 9......... 8,000
Int ......
9......... 1,750
Int ...... 10......... 4,500
Int ......
" 11 ......... 500 " 11. ........ 250
Int ......
" 12......... 1,250
Int ......
" 12......... 11,000 " 12......... 3,500 " 13......... 250 " 13 ........ 2.'50 " 14......... 1,000 " 17 ........ 750 " 18 ........ 500 " 18......... 250 " 18......... 2,500 " 19 ........ 2,000

1871

$1,000 ooiJan. 20 ......... 2,250

75 00 " 20........ 9,750

3,500 00

2 ......... 250

240 00 " 2......... 250

1 250 00 " 25 ........ 8,000

' 37 o8j " 28......... 3,250

250 00 Feb. 3......... 1,500

7 83

7......... 500

2,250 00 " 7......... 6,000

7124

8........ 4,250

1,000 00 " 9........ 2,000

31 33 " 750 00 "
23 74

11 ......... 6,500 18......... 500
f8 ........ 4,500

250 00 " 28......... 3,000

8 20 Mar. 3......... 1,000

500 00 " 3......... 1,000

16 83 " 15 ........ 500
3,500 OOIApril 12......... 250

248 75 " 29 ......... 2,500

250 001May 30......... 1,250

Ju!r 8 50 " 31 ......... 250 1......... 500

250 00

3......... 22,250

8 88 " 5......... 9,000

1,000 00 " 80 38 "
18.000 00

6......... 19.500
6......... 2;5oo 8......... 6,250

1,285 52 " 10......... 5,000

1,000 00 " 11 ......... 250

80 66

11 ......... 250

8,000 00 " 12......... 750 650 66 " 20......... 3,000

1,750 00 "

115 17 "

4,500 00 681 75

""

665 83 "

250 ()() "

Int ......
21 ......... 750
21 ........ 500 21. ........ 1,500 21 ......... 1,000 21 ........ 1,500

9 16

21 ......... 1,000

1,250 ()() " 21.. ....... 13,000

106 65 " 11,900 17 " 3,628 91 "
259 2.5 "
2.'59 25

21. ........ 22 . . . . . . . . .
22 . . . . . . . . . 22 .........
22 . . . . . . . . .

1,000 1,750 1,750
1,250
500

1,082 16 " 22 ......... 250

778 25

22......... 500

518 91 " 2,'59 41 "
2,593 74

25........ 1,500
26 ....... 7,000 27......... 500

2,074 6~

29 ......... 3,250

2,425 00 10,122 01>
259 59 259 63 11,290 53
3,377 83
1,560 00
500 48 6,005 75
4,424 27
2,336 00 6,510 83
500 0(}
4,500 00
3,000 00 1,496 22 1,090 33
500 00 262 95 2, 726 66-
1,322 70 264 91 500 O()o
22,250 00
9,000 00 19,500 00
2,500 00 6,266 54
5,000 00
250 00 250 00
750 00
3,000 00
9 50 750 00
500 00
1,500 00
1,000 00 1,500 00 1,000 00
13,000 00 1,000 00 1,750 00
1,750 00 1,2,'50 00
500 00
250 00 500 00
1,500 00 7,000 00
500 00 3,250 0().

:no

JouRXAL OF THE Hoc:sE

Georgia Bonds Redeemed by H. C. & Co.-Continued.

.July A~?
"

31. ........ 1. ........ 3 ......... 5 ......... 5,.., .........
4
7 ......... 8 ......... 11. ........
19 . . . . . . . .

250 5,000
500 250
500 1,250 1,000 9,500 2,2!.i0
500

250 00 Aug. 26...... 750

5,000 00 Oct. 7......... 10,250

500 250

0oo0:

"

16 .........

250

-7-5**0.-......0.-..0..

500 00

$272,250 $270,594 68

1,360 86

274,391 41

1.000 00

10,500 00

9,500 00

-----

oo: 2,250 00 500

$284,891 41

*Price paid erased.

EXHII3IT "j.''
.lvlcmoranda of mmzbers of Quarterly Gold Bonds of t/ze State
of Georgia sold by Henry Clews & Co., of Nf'"dl York, and etedited to t!te account of t!tc State of Georgz'a, Febroary
15th, 1871.
- - -~----------
Nos. 351 to 387............ 37 Bonds Nos. 13.'il to 1374........... 24 Bonds Nos. 410 to 424 ........... 15 Bonds Nos. 1379 to 1384...... ...... 6 Bonds Nos. 428 to 433............ 6 Bonds No. 1475....................... 1 Bond Nos. 445 to 452........... 8 Bonds No. 1477................... ... 1 Bond No. 455 ..... .......... ...... 1 Bond No. 1586...... .............. 1 Bond Nos. 457 to 462..... ...... 6 Bonds Nos. 1591 to 1599............ 9 Bonds Nos. 485 to 593...... . . .. 9 Bonds Nos. 1695 to 1696...... ... . . 2 Bonds Nos. 595 to 599........ ... 5 Bonds Nos. 1700 to 1725............ 26 Bonds Nos. 634 to 657............ 24 Bonds No. 1735...... ............... 1 Bond Nos. 661 to 700 ............ 40 Bonds'Nos. 1738 to 1740...... ..... 3'Bunds Nos. 777 to 781...... ..... 5 Bonds Nos. 1747 to 1752..... ...... 6 Bonds Nos. 792 to 796 ............ 5 Bonds No. 1754..................... 1 Bond Nos. 915 to 636 ............ 22 Bonds Nos. 1760 to 1770............ 11 Bonds Nos. 940 to 950 ............ 11 Bonds Nos. 1775 to 1777............ 3 Bonds Nos. 1091 to 11715............ 85 Bonds No. 1815. ...... ............... 1 Bond Nos. 1236 to 1300............ 65 Bonds Nos. 1836 to 1838...... ..... 3 Bonds Nos. 1302 to 1307............ 6 Bonds No. 1841. ...... ............... 1 Bond Nos. 1310 to 1311............ 2 Bonds Nos. 1843 to 1865............ 23 Bonds Nos. 1313 to 1315............ 3 Bonds Nos. 11:!75 to 18\J4............ 20 Bonds No. 1347. ...... ...... .. ... .. . 1 Bond No. 1349...................... 1 Bond Total.. ..................... fiOO Bonds

}Ac-WARY IJ, 1876.

111



EXHIBIT "J. "-contzimcd.

.frfemoranda oj numbers of Quarter/;' Gold Bonds of tltc State of Georgia sold by Henry Cle-u/s & Co., of 1\'e-& York, and credited to account of the State of Georgia, September 8th, I8JI.

Nos. 388 to 409 ............ 22 Bonds Nos. 1478 to 1585........... 108 Bonds Nos. 425 to 427 ............ 3 Bonds'Nos. 1587 to 1590........... 4 Bonds Nos. 434 to 444............ 11 Bonds Nos. 1600 to 1618............ 19 Bonds Nos. 453 to 454............ 2 Bonds,Nos. 1620 to 1628............ 9 Bonds No. 456...................... 1 Bond 'Nos. 1631 to 1632............ 2 Bonds Nos. 463 to 584............122 Bonds:Nos. 1634 to 1694.. .......... 61 Bonds No. 594....... ............... 1 Bond :Nos. 1697 to 1699............ 3 Bonds Nos. 600 to 633........... 34 Bonds Nos. 1726 to 1734............ 9 Bonds Nos. 658 to 660............ 3 Bonds Nos. 1736 to 1737 ........... 2 Bonds Nos. 701 to 776 ............ 76 Bonds Nos. 1742 to 1746............ 5 Bonds Nos. 782 to 791.. .......... 10 Bonds! No. 1753.......... .... ....... 1 Bond Nos. 797 to 914...........118 Bonds Nos. 1755 to 1759............ 5 Bonds Nos. 937 to 939............ 3 BonclsiNos. 1778 to 1790............ 13 Bonds Nos. 951 to 1090............140 BondsiNos. 1793 to 1810............ 18 Bonds
Nos. 1176 to 1235 ............ 60 Bonds,1:N.Tos. 1812 to 1814............ 3 Bonds No 1301..... ............... 1 Bond Nos. 1816 to 1824........... 9 Bonds Nos. 1308 to 1309............ 2 Bonds, Nos. 1827 to 1835............ 9 Bonds No. 1312...................... 1 Bond ,No. 1837............. ......... 1 Bond Nos. 1316 to 1346........... 31 Bonds,No. 1842...... ... ............ 1 Bond No. 1348....... ...... ..... ... 1 Bond :Nos. 1866 to 1874...... ..... 9 Bonds No. 1350....... ............... 1 Bond Nos. 1895 to 2000 ............106 Bonds Nos. 1375 to 1378 ........... 4 Bonds Nos. 2576 to 2-590............ 15 Bonds Nos. 1385 to 1474............ 90 Bonds. No. 1476....... ............... 1 Bond ' Tota1. .......................1150 Bonds

.llfemoranda of numbers of Quarterly Gold Bonds of the State of Georgia sold by Hmry Clews & Co., of New York, and
credited to account of the State of Georgia, Jury zstlz, I8J2.

No. 1619.......... ............ Nos. 1629 to 1630...... .... No. 1633....... ..............
No. 1741....... ............... Nos. 1771 to 1774............
Nos. 1791 to 1792............ No. 1811....... ...... .........

1 Bond ,Nos. 1825 to 1826............ 2 Bond8 2 Bomls No. 1840....... ...... ........ 1 Bond 1 Bond Nos. 2501 to 2575 ............ 75 Bonds
1 Bond Nos. 2591 to 2600 ............ 10 Bonds 4 Bonds
2 BondR Tota1. ........................ 100 Bonds 1 Bond

In addition to the exhibits, to which direct reference has been made in this report, we also append hereto sundry letters from l\Iessrs. Henry Clews & Co., H. I. Kimball and Governor Bullock, which, though not necessary to a clear understanding of the account under investigation, yet relate thereto, and are valuable as throwing light upon some of the transaction~, and therefore interesting as 11 part of the history thereof.

112

Jot:R~AL OF THE HousE

These letters we append in their order of date, without comment :

~o. 1-[Cmv.]

OFFICE oF H. I. KIMBALT., ATLANTA, GA., Oetober 7, 1870.

Messrs. Henry Clews & Co., 32 Wall Street:

GENTB-I have had a long talk with the Governor, in regard to your

mgotiating all of the neiD bonds. He is very anxious about them, and

has a pride in having them sold at a high price. He wants whoever

handles them to do it with care, and take four or six months, if neces-

sary, to run them up, by having several brokers to buy them ; this you

understand, and he is willing to place the whole matter in your hands,

and he does not care to limit the price, but simply desires you to take an

interest in the matter, and work up the credit of the State, and we will

pay you liberal commission.~. He will go to New York in two or three

weeks and talk the matter over with you. I am exceedingly anxious for

you to give the matter some attention, and I am sure I can secure the

agency for you. But I want yon to stand up square to him and not

compel him to go elsewhere. He will want-say one or two hundred

thousand dollars more-before he can realize on the gold bonds, and will

keep you supplied with plenty of bonds. He sends yon two hundred and

:fifty to-night., and will send you hm hundred and fifty more as soon as

they come from New York. He will want to draw for about $50,000

week after next, and $50,000 per week in $10,000 drafts. I have told

him of the advantages of having yon to do this rather than have an

outsider. I know the advantage to you of having a good understanding

with him, and I am sure it is for your interest to get up what money he

may want hereafter. Please write me at once, on receipt of this, if he

can draw on you for $50,000 during the week after next. He will appoint

your London house the agent in London for the State.

,., , ..: ) I have been making an effort to get you an interest in the ~~~ r Lease Bill of theW. &. A. R. R., and I think I shall succeed in ii2~) getting one that will be worth-say $1,000 a month to you

We defeated Harris' bill, restricting the sale of bonds, and passed the

bill protecting the credit of the State; all of which must help the sale of

our bonds.

Yours, in haste,

[Signed]

II. I. KniBAI.L.

Xo. 2-[CoPY.]
OFFICE OF H. I. KmHALL, ATLAXTA, GA., October 29, 1870.
Messrs. Jlenry CleuJs & Co., Nu. 32 Wall Street, New York:
GENTS-* * * * * The Governor sends yon by this
evening's mail the appointment of your London house as the Financial Agent of the Rtate of Georgia in London. He also sends you, by expresa, two hundred and fifty bonds of the new issue. He has previously sent you a certified copy of the bill authorizing the issue of these bonds, and he desires that you present them before the Exchange Boartl and have

jANUARY IJ, 1876.

113

them ready t& go upon market, and take such action in the premises as

your good judgment and experience will dictate, in order that the bonds

may sell for the highest possible price. He prefers to pay a large com-

mission and have the bonds sell as near par as possible, rather .than sell

them much below par at a light commission, his object being to keep up

the credit of the State, and I am sure, with your facilities, you will be

able to accomplish such to his entire satisfaction. These bonds now sent

are intended to take the place of the ones issued to me, but are for thtJ

present property of tlte State. He will send you others as soon as they

can be executed. * * *

Respectfully, yours,

[Signed]

H. I. KIMBALL.

No. 3-[CoPv.J NEW YonK, February 8, 187i.
His Excellency Rufus B. Bullock, Go1!ernor, etc., Atlanta, Ga.: DEAR SIR-We have to acknowledge the receipt of your dispatch of
yesterday's date, as follows: "What am I to understand from your dispatch of this date? You
have in possession $1,650,000 of bonds to be sold, upon which you have not made actual advances to exceed $900,000. I expect to be in New York on or about the 1st of March, and if you find the State's account inconvenient, I shall be prepared to transfer them to other parties. But in the meantime I shall rely upon you to meet the State's necessities,with the assurance that whenever it becomes necessary additional securities will be placed in your hands. Telegraph me your decision."
The first point which calls for notice is the misunderstanding in regard to the amount of our advances, indicated by your i!tatement that our obligations amount to only $900,000, as against gold bonds $1,650,000 in our possession for sale. Our liabilities to Russell Sage, for the payment of which we are committed, swell our obligations on behalf of the State to the sum named-say $1,300,000-asshown in our letter of the 1st inst., and leaves us only a margin of ten per cent. on the valuation, at which we can only safely set the gold i~sue of bonds. Besides this, we are committed to pay, as far as fall due, ali bonds maturing this year, which amounts to $154,000. This we have already assured many of the holders we will do.
Second. In regard to the bonds wh.ich, according to your telegram, we hold as collateral, stated by you as $1,500,000. Our record shows that we have only $800,000 of such bonds issued under Act of August ~7, for temporary loan purposes. These we have no authority to sell, ap.d, as we understand the Act, no authority is given for their sale; therefore they are not desirable as collateral, and since the gold bonds have been issued we can no longer use them in that way. The other bonds in our possession are those received in exchange for steel bondg, issued to the B. & A. R. R. When we effect the exchange of them all we have your order to cancel and return them to the State. They are, therefore, valueless. Yon can see, therefore, how liberally we have
8

114

JOURXAL OF THE HoUSE

advanced to the State, and the position in which we are now placed. On

the !Uisurance in your dispatch, that when additional securities are neces-

sary we shall have them, we would request you for a fmther amount of

steel engraved bonds to cover draft, advised in your letter of 4th inst.,

and when the necessities of the State shall require further payments or

obligations, that you will keep us posted by bonds of this character. In

the present unsettled state of affairs in the South, and owing to the dis-

trust growing out of the Alabama matters, it is not pleasant to be

required to make heavy advances at the present time in such quarters,

so, therefore, please have some consideration for us. In closing, it is

perhaps unnecessasy to inform you of undiminis~ed zeal and good will

on behalf of the State, and that, as far as we are able to protect her

interests without sacrificing our own, we shall do so, but self-protection

makes it necessary that we should call your attention to the position of

affairs as above, and the extremely depressed condition of all Southern

securities at the present time.

"\Ve remain, wry resp2ctfully, yours,

[Signed]

HEXRY CLEws & Co.

1\o. 4-[Copy.]

NEw YORK, ~Iarcll 7, 1871.

His Excellency Rufus B. Bullock, Atlrtnta, Ga.:

DEAR SIR-

*

*

*

*

*

As before

explained to you, we do not regard tile currency 7s as security, and we

do not make use of them at all in our dealings. "\Ve await therefore

the receipt of the promised additional collateral in gold bonds, whit h

you inform us is bdng prepared by the engravers. We should like, as

requested previously, to have in writing, for our private use, from you,

in support of our own statements, that the addition of $2,000,000 gold

bonds is at present the only increase in the debt of the State since tl:e-

Treasurer's report, December 31st, 1869.

*

*

*

*

The currency bonds we do not regard as a.n addition to the debt, as

they remain in our possession, and will be speedily returned to you can-

celed. The past due obligations and the sterling bonds have also, for

the most part, been paid off. These charges made in the Treasure!'J

report referred to represent the present condition of the State financ s

as we understand them.

"\Ve remain, yours, very respectfully,

[Signed]

HE~RY CLEws & Co.

Ko. 5.-[Copy of telegram, received at 145 Broadway.]
SAN FI!ANcisco, September 7, 18il. To Henry Clews&; Co., 32 Wall Street:
Dispatch 30th received to-day. If yon can close out the whole iss1 e before the first of October you can sell bonds bearing October coupons. only, to net the State eighty-five in New York.
Rrn:s B. BuLLOCK, Governor.

Cr.

Date

interest I.Uate

Amount

Iuteret

1870.

ll8i0

Sept. 10-To draft ........................ $ 20,roo oo

12

" .................... 20,000 00

21 19

$

81 73

67 HY

1jHOecpt tr.

29 -Il.v Cnh ............................ $ I Ilnlnucc interc"t to contra .....

61000

00

2

$ 2 33 238 78

15 19 Oct. I

20,000 00 1

~~~~I

20,000 00 12

Balance int. per c...... .

238 78

--l

I llalaucc acc't c'd down ............. 641238 iS

---

70,238 78

241 11 ;

70,2:-\8 IH

241 II

oct. 1-'l'o balance .. --:-:-:-::-:..----:-::::. --&1,2~6-t-----w2liiilbcc~- l--Ily -hnlnnce iut. to contra.:-.-...... ~:-

1,814 f>4

5-To draft................ .. .. .. .. 10,000 00 57

110 811

llnlaucc ncc't c'd down ............. 213,150 50

6

" .... .. .. .. .. .. .. .. .... .. 10,000 00 56

8

" .. .. .... .. .. .. .. .. .. .. . 10,000 oo 1\4

108 H9
105 on

'-;-..<

15

" ...................... .. 10,000 00 47

91 3U

~

lR

14 . .

10,000 00 44

19

" .. .. .. .. .. .. .... .. .... .. 10,1Hl0 00 43

H5 56 R3 61

;C.:.

20

" . .. . .. .. .. . .. .. .. .. .. 1o,ooo oo 42

21

" .. .. .. .. .... .. .... .. .. .. 10,000 00 41

s1 6o 79 ~

"><":

28 Nov. 1
7

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

15,000 00 :14

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

6,HOO 00 30

" .. .. .. .. .. .. .. .. .. . 15,000 00 24

99 li 35 00 70 IHII

......
':;'-1

23

" . . . .. .. .. .. .. .. .. .. .. .. 10,000 00 8

2ii 3,500 bd. and int.. , 3-40... .. .. .. .. ..

25

1,250 ....$ 1,287 08.... .... .. .

5,027 08 t\8

29 draft......................... 15,000 00 2

30 1,000 bds. and lnt.... .. .... .. 1,075 00 63

15 56 . ...... 1
66 451 5 83' 13 16

......
00 '-J
9'-

Dec. 1 bal. of Int. per ct............ 1,814 64 -,,-.,.,.."7'------- 213,150 50
bee. 1 To bal. brot. down. .. .. .. .. . 213,150-50

..

I

=. :.:. . ::-. - 1,814 64
62---~,56965 Feh.'i~=Biba'anior in! ..

$21a,l~ll 50

----
1,814 64 $-4,73213

1 draft........................ 15,000 00 tl2

1HO 831

llalance carried down............... $685,131 52

3 draft.... .. .. .. .. . .. . .. .. .. . 10,000 00 611

116 67

5 250 bonds and Int.... .. .. ...

257 83 58

2 S9

6 Com't Advertiser ...... 56 50

N.Y. Herald .......... 68 80

Heywood & K . . . . . . . . 350 00

Exprcosage.... ....... 2 50- 4i7 80 57

5 28

10 2,250 bonds and int .. 2,371 24
1,000 " " " 1,031 33 750 " " " 773 74- 4,126 Sl 53

42 51

J-l J-l
Q;l

Dr.
Date lSiO.
12 ta 14 15 1i 19 20 22
2:1 24
:a
1s<1. .Jan. 3

__Staf! of Ge!'_rgiqt__!n_!lf:!ounl_!_vftJ:J!enry _C!e~r.:s & Co. -_c_01ztinued.

- - - - ---~--

--

Amount lays Interest

I

~~~~s!~e~;d~--t~. ~-~~~~~::

57 80 51 22i 50 50

56: 2 20

Continental Bank Note Co .. Expre~sage. . . . . . . ....... 250 bonds and interest .....

:1,467 Oil 49
95H 4S
258 20 46

aa 021
URI
2 :101

8. P. Dennison ....... 53 50

i

Adams Express .... 25 IMI-

78 50 44

66

Expresage. . . . . . . . . . 1 25

I

West'rn Union Tel C. 4 6U500 bonds and int ... 516 83

5 85 43

041

3,500 ,, " " .. 3.748 75Com. & Finane'! Chronicle ..

4,265 511 41 6S 00 40

B3 97;
5~'

240 bonds and int....25S 5U

bond to Europe.... 59 4U

~~~e~:fl:s~~::::.3oo ~~ B18 65 39

2 40

~~~~\nfd~!ft~::~:::: ~~~ 3::

Evening Post ....... 110 25 Mail ................180 oo

New York Mail......203 00

Notary ............. 3 63 Tribune............. 38 10 'l.'ribuue............. 243 75-

1,404 73 H2

I
917

Note and Fee~ ....25,000 00 Note and char~es.13,646 08

"

'

u 5 460 38

Fourth Nat. Bk ..100',ooo OO- 144,106 46 29

250 b'ds and Int.. 25S &~

1,000 bds and int. 1,080 3S

180::::0 bds and int 19,285 52
k Y.b~i'::e~~~~~: 1 '~~~ ~

N. Y. Times..... 4 20 N. Y. Standard.. 163 so

Wall St JournaL. 20 00 !evening Post.:.. 183 60 Foreign tel's .. .. 54i 85,

812 59

Cr.

O."..'".J.'.

....... c0
:::.-0:
;.. r'
0
"'J
>-l :I:
(%l
::c
0c::
(JJ
(%l

Date

Amount Days Interest

1871

Jan. 4-To Daily Star ......... 148 W- 22,946 19 28

124 93

5 Fourth National B"k..

50,000 00 27

262 50

9 8,000 bonds and Int ... 8,650 66

I,750 bonds and Int. . 1,865 17- 10,515 83 23 10 4,500 bonds and int .. 5,181 7~

47 011

Expressage......... 13 25

11

fo~u~g~dsAa:dcin~.".~:

400 00665 83

5,59S 20

22

23 921

250 bonds and Int.... 259 16

Expressage.. . . 7 00-- 931 99 21

3 791

12 1,250 bonds and Int .... 1,356 65 12 11,000 bonds and int ...l1,900 17

.._,

12 3,500 bonds and int .... 3,628 91- 16,885 73 20 13 250 bonds and Int.. . . . 259 25 13 250 bonds and Int.... 259 2'1 13 Expressage . . . .... 125 00

65 661
I

;zc;,,:...:.

13 Note ............. 25,000 00- 25,519 75 19

94 27i

::>:1

14 16

:.V':t;~n~~ ~~dc~~~::: 822 00

1.082 16 IS

16 Coupons A. & C. R R, 6,1>60 00- 6,568 22 16

11 750 bonds and interest. 718 25

17 Note ................. 25,000 00

17 Fourth Nat'! Bank .. 25,000 00- 50,778 25 15

18 Eveninf Mail. . . .. . . . . 750 00

18 Journa of Commerce. 2,250 00

18 500 bonds and Int ....51,891 00

781
20 43,
iI
148 10

><:
.....
"
00 '-1 0\

18 250 bonds and Int..... 25,941 00

18 2,500 bonds and lnt ... 2,593 74 3,402 06 14

9 25

19 2,000 bonds and lnt .. 2,074 67

19 Bonds to Euroge... . . . Sl 56- 2,106 23 13

5 31

20 2,500 bonds an Int... 2,425 11

20 9,750 bonds and Int. ..10,122 06- 12,547 1i 12 21 250 bonds and lnt . . . 259 59

29 27

21 2:;0 bonds and int..... 259 53

21 CouN's A. & C. R. R.. 400 00- 919 12 11

1 97

24 Bon " to Enrope......

22 00 H

25 8.000 bonds and Int ..

11,290 33 7

26 Western U. T. Co..... 6 85

03 15 361

26 Note and interest.... 5,007 67
-'"""""l"''

-D-r.-~- ___ _ SE_te_o.[_G!!rgz'a, in Account wz't!t Henry_ _Cj!}s & C~=fo~d. _____C!:_

1-.l I-"

00

Date

Amount Days Interest !Date

Amount Days Interest

1871

.Jun. 26-To Note aml interest..... 15,001 61

26

Note and interest.... tn ~.001

11Bi0

26

Note and interest.... ~.001 67

26

Note and interest.... ~.oor IIi

iG

Note and intercli\t . .. 5,00i 67

I

2<l

Note and interest.... 3,603 3i- 33,555 ;4

39 11'

~8

Note . . . . . . . . . . . . . . . . 26,000 00

2H

3,2:>0 bonds and int.. 3,317 ~3- 28,371 83

30

J;;xpresage ....... .

5 5'1

Feb. 1

Bal. int. per contra.

4,132 13
------

---------

$685,131 62

Ftb 1 'l'o Balance forward.....

685,131 52

1

Expres~age, . .........

2 fiO

4

22 06

2

22 06

~~J_3_2_EI

$686,131 52

6g

I 8,860 66JFeb. 15--By proceeds of 600 State bonds at87).; ........................ 437,500 00

45

........

c0 :

$ 4,732 13

>:z>:1

3,828 12 t"

I

llomls to Europe..... - 41 36

2

Coup's A. & C. R. R..

43 RG /}g 4U 00 58

ool 49 00 Apr. 1 Balance of Int. to contra.........

46

Balance of acc't carried down .... 403,305 66

6,017 69 0 "'1

3
a

~wu bonds and in.... 1.5~ ~? ote and fee8. ........ 6, l' ' <JG -- i,i37 5G 6i

4

Brooklyn Ea~le ......

15 00 56

815 rr.l 16,

:>r-:l

6

Com'l Advertu~er .. ..

H 00 54

O!JI

t'l

~

Expresage ..........

3 50 o2

40:

9

New York Tribune ... 19 50

I

::r:

9

Evening Post... .. .. 1U ~0-

80 30 51

10

Expressage ..........

7W 60

11

Note and fees. .....15,625 00

11

New York World..... 21 OU- 1~,646 00 49

SOl 061
I
121 71!

c0r.n:
t'l

12

Note and fees .........

25,000 00 4H

233 3:Ji

1:!

J'xrre~E.l~fr ..........

16 25 4>

14

14

Western . T. Co...

3 40 46

02

15

l<'ourth Nat'! Bank...

10,000 00 46

87 5UI

16

Expressage ..........

1i 20
24

::::: Expressage ..........
~~r::~~~lrr~~~:

1 00 44 11 fiO 43 1 50 40
8,281 153 sn

0091!'
01 i
57 9il

25

New York Sun......

24 00 36

27 27

Note ...............251000 on
New York Tribune. 14 40-

25,014 40

33

161
I
160 491

::llch 1

Expressa~e . .........

5 00 31

031

4 Draft ................30,000:::00

4

Protest .............. ,298 00- 30,002 93 28

163 34

6

Expressage ......... ~

6 92 26

03

8 Expressage...... .. . 1 00

H Note................26,776 85

8

Note ................ 1,653 31- 28,431 16 24

132 69

24 'l'elegrams .. .. .. .. .. 262 08

24

Notary..... .. .. ... 3 00-

265 OS 8

41

24 Bal. of in. per con ... 5,017 69

$840,8<111 65

$8,905 81 !

$S4o;s.>5 u;;

Apr. 1 'l'o Bal. brought down.~------ $4ii3,3o5-65___6L-- --- ${783 65I.Jlinel-:..:l~vii.tl:-oi:-fi,t.1-(,- ;,;;;;tm.... :-:-::: .. :. --- - -

1 $-;,ooo gold 1.10.)0....

5,1128 12}

1

s Baluuee of nee'! carrietl forward ... $74n,906 CG

1 $5,232 50 gold, 1.10.)0

5,781 90 61

134 13.

6 Coup. R. & 0. R. H.

80 06 M

87:

8'

Draft................ Coup. A. & C. R. R. 40 00

20,000 00 M

213 891

8 Draft................ 2'1,0011 011- 20,040 00 54

210 42 1

10 Draft................ 20,1100 00

111 Ad. in N. Y.B.& Phil 3811 70-- 20,380 07 112

206 O> 1

11 Draft......... ......

20,000 00 61

19H 33!

11 Draft................

2<1,000 011 511

194 411i

211 $1,000 gold, 1.11%..

1,117 50 42

9 12

29 Not'yb'ds to Europe

15 71 33

119i

May 1

CCloe'ws sa,c'tHtarbanicsh. t19,&~

'I

925.0.8,4 90$91,632 66

old 1.11.)0...... ....

10H,er.o 41

1 firaft............ .. . .

20,090 00} 31

776 74

3 Draft........ . . .. ..

20,000 00 39

112 78(

4

~ourth Nat'l Bank..

5,000 00 28

27 221

fi Draft , .. . .. . . .. . .. .

211,000 00 27

105 001

8 Draft... . .. . . . . .. ..

20,000 00 24

10 Draft ............... 20,000 no

93 33

111 Fourth Nat'! Bank.. 5,0110 00

10 $5,000 gold at 1.11%. 5,56H 711- 20,561 7l:i 22

130 78

Hi Not'y b'ds to Europe

2 22 H

01

2!\ Notary fees........ ..

2:5 34 7

03

29 Exp. forw'ding 77

$1.000 bonds to Eu-

rope at vari'us times 1, T92 ao

. 29 Foreign telegrams... ~08 32- 2,000 82 3

31 Expressage......... .

1 50

81 Bal. of ln. per contra

7,198 04

1 161

$i49,906 66

$7,198 04

$i49,906 66

$ 8,905 H1 $i,i~:-i 04
..._
;,.
Y;c,:..:
;>C
~
~
ex; '1 0\

1-l

$ 7,195 04

1-l t:O

Dr.

State_ of Georgia, in Account with Hem:y Clews & Co.-Continued.

Cr.

1--l
I~

~

0

nute

Amount Days I Intere~t Date

Amount Days Interest

1811 J nne 1 To Balance brought d'n
20 Notary fees......... 22 Exp. 100 $1,000 bonds

,*I ""'., . . ,. , ........ $1'49,906 66 61 26 15 42 250 00 40

18il

$8,894 73 Aug. 1-By bal. int. to contra............

~

,.~"'.

~~

$ 9,013 59

30 Expressage.. . . . . . . .

2 :;o 32

July 1 Cou&. A. & C. R. R. 6,960 011

1 $5,0 0 gold at 1.13%. 5,668 7ri

I EveninXMail.... .. 49 50- 12,6<8 2.~ 31

3 Coup. . & C. R. R.

80 00 29

5 Coup. A. & C. R. R.

480 00 2<

7 Evening Mall .......

22 00 :J5

76 2

:~~1

l]i

......
c0

8 Expressage ......... 1< 25 R Coup. A. & C. R. R. 80 011--

97 2IS 24

451

ll Llbans ............. 3;) 61

i

z)';)
;...

II Expressa~e.......... 7 93-

43 M 21

?2'

t"'

12 $-5,000 go d at 1.12~.: 18 Evening Post ........ iO 211 18 Evening Post ........ 86 411

5,631 Oil 20

21 92:
I

0 "1

18 New York Tribune .. 16 50

....;

IS New York 1,ribuue .. 19 811-

192 90 14

02

:t

1!1 Evening Express . 45 ()0

19 19

~~<;ty~r~.fi~==::::

58 l'iO 72 Ofl

I

19 New York Tim~B .... 4/l 00

19 Financial Record .. 1110 00

19 New York World .. A2 50

ttl
::r:
c0
(f)

19 New York World .... 67 l>O20 New York Zei.ung ..

410 llO 13 29 00 12

1 o18r1;

M

21 Expressage.. . . . . . . 3 25 21 E:R,ressage.. . . . 6 12 21 T une........ 1,000 {)IJ

I
I

21 Evening Express. . . . 320 00

:.n Evening Post.. . 450 1111

I

21 Com'! Advertiser.... 300 00

21 Jour. of Commerce.. 6110 00

21 Standard ............ 300 00

21 Sun.......... 500 00 21 Times............... 500 00 ~1 J. llasson............ 387 00-- 4,266 87 11

9J

24
23 1871. Julyll6
29 31
Augl 3 7 23 28 30
Sep 6 8

E. W. Erickson for advertising ...... .. 74 00 E. W. Erickson for
E~w~~~~so~ !C.r 240 00
advertising.. .. .... 300 00 E. W. Erickson for advertising.. .. .... 200 00 E. W. Erickson for advertising... 1,007 67- 1,921 67 8 Herald .............. . 44 00 J. L. Dennison .... . 96 50- 140 50

N. Y Sun........ ..

168 00 6

E~~v~e~n~in~guM~at:f:..:.:..:.:.:.

43 00 500 00-

643 00 300 00

3 1

- - - Bal. Int. per. contra. 9,013 59

769,269 31!_

Bal. br't down....... 786,269 38

38

Stamps.. . . . .. .. . .. 43 50

38

Adv. by Kioenan.... 100 00

36

~;E~e~~~.eil;;lio~k;~ 1 25

letter.......... . ... . . . 300 00

16

Adv'g Aatesbone .... 35,250 00

11

Notary.............. 28 80

E. W. Sackett....... 137 27- 166 07 9

~2~t~ ff~~ ~!1~ g~:

2 '

2{2

~

Frankfort Zeitung. 365 01- 2,653 59 2

Ral. int. per contra.

5,813 67

Bal. carried down....

-19-9,0-50-0-4 994,750 00

2 98

19

.._.

20 81

;cz>.-

06

::<l o<

9,013 59

____________ -------~2_86,269 3R _____$__9.~~3-~

..... ':;-!

5,809 651Sept. 8-By avails of 1,150 State bonds at

32

86Xf....... .... . . .... . . .. ... ... $994,750 00

79

8 Balance of Int. to contra........ ..

00
$ 5,813 67 '-l
9'

93 75

28

1 04

--;
5,813 671

$:l94, 7150 00

$ 5,813 67
.....
t..:>
'"""

JJr_

Date. 1b71. Scp20
HO Oct ~
20

F'nkfort Consblatt .. $!,1100 gold at 1 14y. .. 1,045 gold coupons
at 1j 50 each, vs,.. 2S1 50, gold at
1 14% ... - .. West. Un 1'cl. Co.. . Bal. of int. to con.. . Bal. of acct. carried
down ............. .

::'\ov 16

Expre~sage ...... .. . Vommil"-'n on $767,730 O'J at 1 per ct.. . Hal. int. per con.... . llal. of acct. carried
d0\\'11 .... ......

_, Georgia, in Account wit!t Henry Clews & Co.-Continued.

Amount Days Interest IDate

Amount Days

Cr. 't"~"' ~ Intere~t

1871

321 30 so

1 87. Sept. !!-By balance of acc't brought down .. $199,050 04 42 $ 1,625 57

2,'29I 50 2lJ

8 94! 20 Balance int. per contra............. 1,541 21

20,984 90l 12 21lj IS

i
7:l 491

1,341 ~,

176,975 35

____ [

'-<
c0

200,591 31 -- ---------------

--~'G_2o__5li_

------- _ _ _$200,591 il_l__ - - _$_1,62_5_~7

75 7,076 30
170,227 42 177,904 47

I Oct. 20-By bal. brou11ht down .......... S176,975 8.5 2;

I

Ilalance Interest per contra..... . . 929 12

929 12

-U29121_~ ~7 929 121

- - - - IN0-":_16-~llyhul:_br~~d~~~~e

this

~ $17i,904 _ _ _ _ _ _929 12
<lay._._.$_1_7_0'-,2_2_7_4_2_ _ _ _ _ _

:>l ;7..!.. t""
0
.".',l
;I: t'1
::r:

c0

[f)

t:l

JAl\TARY 18, 18i6.

123

On motion of Mr. Miller, of 1\'Iarion, four hundred copies of the foregoing message from his Excellency the Governor, were ordered printed for the use of the House.
Leave of absence was granted Messrs. Thomason, Tootle and Anderson.
On motion of Mr. Brown, the House then adjourned until 10 o'clock a. m., to-morrow.

ATLA:-.iTA, GEORGIA,

\

f January 18, I8i6.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
On motion, the call of the roll was dispensed with. The Journal of yesterday was read and approved.

Mr. Rankin offered the following resolution, to-wit : A resolution providing for the appointment of a Joint Special Committee of one from the Senate and two from the House, to wait upon Hon. Joseph E. Brown, President of the vV. & A. Railroad, and notify him that the General Assembly, in accordance with his invitation, would proceed on an excursion over the line of the \V. & A. Railroad on Saturday next.

Mr. Peeples offered an amendment, which was adopted, that members of the General Assembly draw no pay while on said excursion.

Mr. \Varren moved to lay the resolution as amended, on the table, which motion prevailed.
Mr. \Varren moved to refer the communication of Hon. Joseph E. Brown, President \V. & A. Railroad, to the Committee on the State of the Republic, which motion prevailed.
Mr. Craig, of Bibb, offered the following resolution, which was agreed to, to-wit:
Resobed, That the Committee on Printing be instructed

124

JOUR:\AL OF THE Hot:SE

to have printed, for the use of the House, 300 copies of the report of the Trustees of the Academy for the Blind.
The regular order of business being the reading of bills the second time, the following bills were read the second time, and referred to the Committee on the Judiciary, towit:
A bill to declare the intent and meaning of section 926 of the Revised Code of 1873.
Also, a bill to amend section 279 of the Code of 1873. Also, a bill to create and organize a new Judicial Circuit in this State. Also, a bill to repeal an Act entitled an Act to regulate the letting out of contracts by the county authorities, etc., so far as relates to the counties of Clarke and Oconee. Also, a bill to amend an Act, approved January 19, 1872, creating a County Court in each county of the State, except certain counties therein named, so far as the "same applies to the county of Clarke, and for other purposes. Also, a bill fixing the salaries of Tax Collector and the Tax Receiver of the county of Clarke. Also, a bill to prohibit the sale of intoxicating liquors within one mile of Morgan Camp Ground, in the county of Calhoun.
The following bills were read the second time and referred to the Committee on Finance, to-wit :
A bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Chattahoochee, and for other purposes.
Also, a bill to regulate the pay of jurors in the county of Effingham, and for other purposes.

The following bills were read the second time and ordered to be engrossed, to-wit :
A bill to amend an Act entitled an Act to amend an Act entitled an Act to incorporate the town of Bowdon, in the county of Carroll.

JANUARY IS, I8J6.

125

Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners for the county of Clay, and for other purposes.
The following bill was read the second time and referred to the Committee on Corporations, to-wit:
A bill to add a proviso to section 2 I st of an Act to .amend the charter of the town of Athens, and the several Acts amendatory thereto, approved August 29, I872. "
Mr. Hoge, chairman of the Committee on the State of the Republic, submitted the following resolution, to-wit:
Resolved, That the House duly acknowledges the courtesy of the Western & Atlantic Railroad Company in proposing an excursion over the line of its road to Chattanooga, but, inasmuch as an acceptance of the favor would interfere with a proper discharge of its duty, this House must respectfully decline it.
On motion, said resolution was taken up and agreed to.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
Mr. Speaker: The Committee on the Judiciary have had under con-
sideration the following bills, which they recommend do pass, to-wit:
A bill to provide that the Treasurer of Richmond county be allowed a salary, and fix the same by law.
Also, a bill to declare of full force and effect the tax ordinances of the City Council of Augusta for the year 1874, and for other purposes.
Also, a bill to amend an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and \Vashington, approved February 20, I873, and an Act to amend said Act, approved March 5, 1875, so as to apply the provisions of said Act and amended Act to the county of Marion.

126

Jm;R~AL OF THE HocsE

Also, the following bills, which they recommend do not pass, to-wit:
A bill to repeal sections 3854, 3855, 3856, 3857, 3858, 3859, 386o and 3861 of the Code, and to declare certain persons competent witnesses, and others incompetent, and for other purposes.
Also, a bill to allow the defendants in criminal prosecutions and indictments to take the depositions of witnesses residing out of this State.
Also, a bill to amend an Act entitled an Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter.
Also, a bill to alter and amend section 35 54 of the Code of Georgia in relation to garnishments.
Also, the following bill, which they return to the House of Representatives without any recommendation, to-wit:
A bill for the relief of \V. H. Alexander, of Gordon county.
On motion, the rules were suspended, and the following bills were read the third time and disposed of as is hereinafter specified, to-wit :
A bill to repeal sections 3854. 3855, 3856, 3857, 3858, 3859, 3860 and 3861 of the Code. Lost.
Also, a bill to allow defendants in criminal prosecutions and indictments to take the evidence of witnesses residing out of the State. Recommitted to the Committee on the Judiciary.
Also, a bill providing a salary for the Treasurer of Richmond county and fixing same. Passed.
Also, a bill to declare of full force and effect the tax ordinances of the City Council of Augusta for the year 1874, and for other purposes. Passed.
Also, a bill to amend an Act entitled an Act, approved February 20, 1873, providing the mode of granting license to sell intoxicating liquors in certain counties therein named, so as to include in said amended Act the county of Marion. Passed.

}AKCARY 18, 1876.

127

Also, a bill to amend an Act entitled an Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter, and for other purposes. Lost.
Also, a bill for the relief of W. H. Alexander, of the county of Gordon. \Vithdrawn.
Also, a bill to alter and amend section 3554 of the Code in relation to homesteads. Lost.

The order of business 'vas resumed, and the following

bills read the second time and referred to the Committee

on the Judiciary, to-wit:

A bill to prevent the killing of game in the county of

Morgan, and for other purposes.

Also, a bill to amend article three, section one, para-

graph three, of the Constitution of this State.

Also, a bill to amend the Constitution of this State.

Also, a bill to prohibit the sale of intoxicating spirits

within three miles of any church, school house or academy

in Carsonville District, in the county of Taylor.

Also, a bill to amend section 4083 of the Code "of

Georgia.

Also, a bill to repeal an Act to provide for the payment

of insolvent costs to the officers of the county of Spalding,

approved August 29th, 1872.

Also, a bill to repeal an Act entitled an Act to confer

civil and criminal jurisdiction, for the county of Pierce, on

the Mayor of the corporation of Blackshear, approved

March 5th, 1875.

Also, a bill to amend section 41 5 r of the Code of

Georgia.

Also, a bill specifying the time when the property of

County Treasurers, or those acting as County Treasurers,

and their security or securities, shall be bound upon



their official bonds, and for other purposes.

Also, a bill providing for the purchase, by the State, of

1,000 copies of "Hopkins' Annotated Penal Laws of

Georgia."

128

} OURNAL OF THE HOUSE

Also, a bill to prevent and make penal the reckless discharge of firearms on the public highways of this State.
Also, a bill to fix the amount to be charged for license to sell intoxicating liquors in the county of Emanuel.
Also, a bill to abolish the office of Tax Receiver for the county of Laurens, and for other purposes.
Also, a bill to fix the manner of collecting costs in civil cases in this State.
Also, a bill to fix the compensation of grand and petit jurors in the county of Whitfield.
Also, a bill to establish a Board of Commissioners for the county of Talbot, and for other purposes.
Also, a bill to establish a Board of Commissioners for the county of Tattnall, and for other purposes.
Also, a bill to repeal section 2d of an Act, assented to December 21st, 1820, to alter and amend an Act entitled an Act to incorporate the city of Augusta, and for other purposes.
Also, a bill to declare dogs not to be property. Also, a bill to regulate the issuing of attachments when both plaintiff and defendant are non-residents. Also, a bill to amend an Act approved March 2d, 1874, entitled an Act to organize a County Court in the counties of Calhoun, Baker, Quitman and Miller, so far as said Act relates to the county of Miller. Also, a bill to regulate the sale of intoxicating liquors in the county of Miller. Also, a bill to prevent and punish cheating and swindling in the giving of mortgages, and for other purposes. Also, a bill to regulate the sale of opium, and the preparations thereof and therefrom. Also, a bill to alter and amend section 110 of the Code. Also, a bill to regulate the fees of the President of the Board of Town Commissioners and Marshal of the town of Lawrenceville, in the county of Gwinnett. Also, a bill to better insure the payment of fines anJ costs in the county of Glascock.

129
Also, a bill to regulate the fees of Tax Colle:::tors in the county of Glascock.
Also, a bill to abolish the County Court of the county of Decatur.
Also, a bill to prohibit hunting on the lands of another in the county of Campbell.
Also, a bill to establish a State House of Reform, and for other purposes.
Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in certain counties therein named, approved December 13th, I8JI, so far as the same relates to the county of Berrien.
Also, a bill to amend an Act to prohibit the buying, seiling, delivering or receiving of farm products, between the hours of sunset and sunrise, approved August 23, 1872, so as to apply the same to the county of Clayton.
Also, a bill to amend an Act entitled an Act to form a Board of Commissioners of Roads and Revenues for the county of Appling.
The following bills were read the second time and referred to the Committee on Finance, to-wit:
A bill to amend an Act entitled an Act to abolish the offices of Tax Collector and Tax Receiver of the county of Murray, and to make the Sheriff of said county Tax Collector, and the Deputy Sheriff of said county Tax Receiver, approved February 4, 1875.
Also, a bill to repeal an Act to appropriate funds to the State College and North Georgia Agricultural College.
Also, a bill to compensate E. C. Murphy and the legal representatives of M. N. Rasbury for services rendered the State.
Also, a bill to regulate the compensation of the Tax Collector and Tax Receiver of the county of. Effingham.
Also, a bill to require all officers of the county of Spalding who collect fines and forfeitures to pay the same into the county treasury.
9

130

J0\JR!\AL OF THE Hot:sE

Also, a bill for the relief of Daniel Dyer, Thomas Hallis and Lester Markham, of the county of Morgan.
Also, a bill to appropriate money to P. M. Roberts for cross ties furnished the Western & Atlantic Railroad.
Also, a bill for the relief of James R. Strickland, of the county of Heard.
Also, a bill to regulate the compensation of grand and petit jurors for the counties of Montgomery and Telfair.
Also, a bill to change section 1640 of the Revised Code. Also, a biU to fix the compensation of Tax Collector, Tax Receiver and Treasurer of the county of Macon. Also, a bill making appropriations for the Executive, Legislative and Judicial Departments of the Government, and for other purposes. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Bartow. Also, a bill to reduce the Sherift's bond of the county of Baker to six thousand dollars. Also, a bill to levy a tax for the support of the Government, and to provide for the collection of taxes due the State. Also, a bill to change section 1645 of the Revised Code of Georgia.
The following bills were read the second time and referred to the Committee on Corporations, to-wit:
A bill to prohibit the sale of intoxicating liquors within the incorporate limits of the town of Morgan, in the county of Calhoun.
Also, a bill to amend an Act entitled an Act to alter and amend an Act entitled an Act to incorporate the Union and Lumpkin Turnpike Company, and for other purposes.
Also, a bill to incorporate the Harper Sewing Machine Company of Atlanta, Georgia, and for other purposes.
Also, a bill to further amend the charter of the city of Milledgeville.

131
Also, a bill to amend the several Acts incorporating the town of Swainsboro, in the county of Emanuel.
Also, a bill to amend an Act to prevent camp hunting in this State, so far as to apply the same to the county of Douglas.
The following bills were read the second time and referred to the Committee on Agriculture, to-wit:
A bill to provide for the registration of dogs, and for other purposes.
Also, a bill to require the several Ordinaries of this .State to furnish collars for dogs in their respective counties.
Also, a bill to encourage sheep raising in this State.
The following bills were read the second time and re_ ferred to the Committee on New Counties and County Lines, 'to-wit:
A bill to change the line between the counties of DeKalb and Rockdale.
Also, a bill to change the line between the counties of \Vare and Coffee.
Also, a bill to change the line between the counties of Appling and Wayne.
Also, a bill to change the line between the counties of Pulaski and Dodge.
Also, a bill to change the line between the counties Of Worth and Irwin.
Also, a bill to change the line between the counties of Decatur and Thomas.
Also, a bill to change the line between the counties of .Stewart and Webster.
Also, a bill to change the line between the counties of Pierce and Ware.
Also, a bill to lay out and organize a new county from the counties of Habersham and Franklin.
Also, a bill to change the line between the counties of '\Vilcox and Irwin.

132

JOCR!'>.\L OF THE HocsE

The following bill was read the second time and referred to the Committee on Public Buildings, to-wit:
A bill accepting certain realty tendered by the Mayor and General Council of the city of Atlanta, upon which to erect a State House and other public buildings, and for other purposes.
The following bill was read the second time and referred to the Committee on Internal Improvements, to-wit:
A bill to create the office of Road Commissioner of the county of Jones.
The following bill was read the second time and referred to the Committee on Banks, to-wit:
A bill to amend an Act to incorporate the City Bank of Macon, approved February 28, 1874.
The following bill was read the second time and referred to the Committee on the Penitentiary, to-wit:
A bill to. reorganize the Georgia Penitentiary, and for other purposes.
The following bill was read the second time and withdrawn by permission of the House, to-wit :
A bill to abolish the per diem pay of grand and petit jurors for the county of Miller.
The following bills were .read the second time and ordered to be engrossed, to-wit:
A bill to repeal an Act approved February 28, 1874, consolidating the offices of Slieriff and Tax Collector, and the offices of Clerk of the Superior Court and Tax Receiver, of the county of Baker.
Also, a bill to regulate the pay of grand and petit jurors in the county of Dougherty.
Also, a bill to make penal the catching of fish in the Alapaha river, Deep creek, Hot creek and all the various cranches of said streams, with seines, gill nets, traps or any other device, except hook and line.

JANUARY IS, I8J6.

133

The following resolution was read the second time, towit:
A resolution providing that after the 29th instant, the .call of the counties for the introduction of new matter be dispensed with.
Mr. Rankin moved to amend said resolution as follows: ~Provided that any new bill reported by committees be admitted," which amendment was adopted.
On motion of Mr. Allred, the resolution as amended, was indefinitely postponed.

The following resolution was read the second time, towit:
Resolved, That the General Assembly ask and pray the Congress of the United States to repeal at once the law requiring National and State Banks to pay a per cent. on bills issued for currency.
Mr. Bacon, of Bibb, moved to amend said resolution by striking out the word "pray" and inserting in lieu thereof the word "request," which amendment was adopted.
On motion of Mr. Bacon, of Bibb, the resolution, as amended, was referred to the Committee on Finance.
The following resolution was read the second time, to-wit:
Resolued, That all bills that may be hereafter introduced looking to the consolidation of the offices of Tax Receiver and Tax Collector of the several counties in this State, be referred to the Committee on the Judiciary, with instructions to report a general bill on that subject.
Mr. Allred moved to indefinitely postpone said resolution, which motion did not prevail.
Mr. Peeples offered an amendment to said resolution, which was not adopted.
The resolution was then agreed to.

134

Jot:RXAL oF THE Hot:sE

The following resolution was read the second time and made the special order for Friday next, to-wit :
A resolution providing for the appointment of a joint special committee from the Senate and House, with authority to investigate whether or not the Act authorizing the lease of the \Vestern & Atlantic Railroad had been violated, and report to the present session of the General Assembly.
The following resolution was read the second time and agreed to, to-wit:
Resolved, That his Excellency the Governor, be and he is hereby authorized to sell, in such manner and upon such terms as he shall deem best, the lot in the city of Atlanta, now the property of the State, and known as the ''Foster Blodgett lot."
The following resolution was read the second time and indefinitely postponed, to-wit:
Resolved, That until the question of calling a Constitutional Convention be disposed of, no new bills to amend the Constitution shall be received by the House.
Leave of absence was granted to Mr. Baker.
On motion of Mr. Sh.ewmake, the House then adjourned until ro o'clock a. m., to-morrow.

ATLAXTA, GEORGL\,

}

Jamtmy r9, r876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened \\ith prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. The regular order of business being the call of the counties for the introduction of new matter, the Clerk pro-

ceeded with the call, when the following bills were introduced and read the first time, to-wit:
By Mr. Hardeman-
A bill to amend an Act, approved February 27, 1875, to
prevent the shooting or firing of guns and pistols in the village of Vineville, in the county of Bibb.
Mr. Baker introduced the following resolution, which was read, to-wit:
Resolved, That three hundred copies of the full report of the State Board of Health be published for the use of the House.
Mr. Fort, chairman of the Committee on New Counties and County Lines, submitted the following report, to-wit:
.;.l[r. Speaka :
The Committee on New Counties and County Lines have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to change. the line between the counties of Appling and \Vayne.
A bill to change the line between the counties of Pierce and \Vare.
A bill to change the line between the counties of Calhoun and Randolph.
The Committee have also had under consideration the following bill, which they report back to the House, with the recommendation that it be referred to the Committee on Corporations, to-wit :
A bill to amend the charter of the town of Morgan, in Calhoun county.
Also, the following bills, which they recommend do pas5 as amended, tO-\\it :
A bill to change the line between the counties of ~Iarion and Taylor.
A bill to change the line between the counties of \Vare and Coffee, so as to include lot No. 20, in the 7th District

136

JOURc;AL OF THE HoUSE

of originally Appling, now vVare county, within the limits of Coffee county.
By Mr. DeLoachA bill for the relief of Thomas \V. Davis, of the county of Bryan. By Mr. PierceA bill to regulate fees of jurors and bailiffs of the Superior Court of the county of Calhoun, except riding bailiffs. By Mr. NelmsA bill to regulate and fix the salary of the Treasurer of Campbell county, and for other purposes. By Mr. ShellnutA bill to amend section I646 of the Code of this State. By Mr. LangA bill for the protection of the farmers of the county of Charlton.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof.
Jvfr. Speaker:
The Senate has passed the following bills, to-wit:
A bill to consolidate the offices of Tax Receiver and Tax Collector of the county of l\facon, and to provide a salary for the same.
Also, a bill to alter and amend an Act for the prevention of cruelty to animals, approved March I, I875
Also, a bill to declare null and void certain six per cent. currency bonds of the State of Georgia, issued under an Act approved February I7, I854
Also, a bill to alter and amend an Act to prohibit the sale of intoxicating liquors in the county of Putnam, and for other purposes, approved February I6th, I875.
The Senate has passed the following bill, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to punish any person or persons who shall sell,

jANUARY 19, 1876.

137

give, lend, or furnish any minor or minors with deadly weapons, and for other purposes.
The Senate has concurred in a resolution of the House of Representatives, authorizing the Treasurer to advance the Public Printer $5,000 on account of printing for the present session.
Order of business resumed. By Mr. ThomasA bill for the relief of Catherine \Villiams, of the county of Chatham. Also, a bill to regulate the sale of poisons in this State. By Mr. \VarrenA bill to repeal all lav.rs heretofore passed making it obligatory upon the County Treasurer of the county of "Chatham and the Treasurer of the city of Savannah to pay the Solicitor General of the Eastern Judicial Circuit insolvent fees for the prosecution of insolvent persons in the Superior Court of the county of Chatham and the City Cc.urt of the city of savannah, and for other purposes. Also, a bill to punish fceticide or criminal abortion in this State. Also, a bill to promote trade in this State, and for other purposes. By l\Ir. IrwinA bill to amend section 4127 of the Code of 1873, and for other purposes. By Mr. LindleyA bill to consolidate the offices of County Treasurer and Clerk of the Superior Court for the county of Cobb, and for other purposes. By Mr. AnthonyA bill to amend an Act entitled an Act incorporating the town of Jonesboro, in the county of Clayton. By Mr. StallingsA bill to amend an Act to establish a County Court m the county of Coweta, approved March 2d, 1874.

138

Jm;R~AL OF THE HousE

By Mr. wilcoxonA bill to change the line defining the corpxatc limits of the city of Newnan. By Mr. McGillA bill to exempt from county and municipal taxation certain professions taxed by the State.
By Mr. SappA bill to establish a County Court for the county of Dodge, and to define its jurisdiction. By Mr. 'vVestbrookA bill to amend an Act, approved December 27, 1838, incorporating the city of Albany, and the several Acts amendatory thereto, and for other purposes. By Mr. PadgettA bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the counties of Camden, Echols and Thomas, approved February 2oth, 1873, so far as the same relates to the county of Echols.
By :vrr. CrymcsA bill to require the Ordinaries of the several counties of this State to make annual reports in writing to the grand juries of their respective counties, and for other purposes.
By 1\Ir. HogeA bill to regulate the registration of deeds and other instruments in this State, and to give effect to the same, and for other purposes. Also, a bill for the relief of the heirs of John Cald\vell, deceased. Also, a bill for the relief of J. Boorman Johnston & Co., and for other purposes.
By Mr. Calhoun, of FultonA bill to prevent the sale of ardent spmts within one mile of Edge\\'ood Church, in the county of Fulton.



JANUARY 19, 1876.

139'

By Mr. BlueA bill to amend the laws of this State m relation to elections, and for other purposes. By Mr. Carleton, of GreeneA bill to regulate the bond of the Ordinary of the county of Greene, and for other purposes. By Mr. CandlerA bill to authorize the Ordinary of the county of Hall to sell and convey the pauper farm in said county. By Mr. CulverA bill to regulate the sale of agricultural products in the county of Hancock. By Mr. KilpatrickA bill to alter and amend section 4396 of the Revised Code of this State in relation to horse stealing. By Mr. LaneA bill to repeal so much of an Act, approved August 23, 1872, entitled an Act to consolidate the offices of Sheriff and Tax Collector, and the offices of Tax Receiver and Clerk of the Superior Court of the counties of Jones and Jasper, as relates to the county of Jasper. By Mr. ChristianA bill to change the line between the counties of Laurens and Johnson. By Mr. RidleyA bill to change the line between the counties of Jones and Baldwin. By Mr. Bacon, of LibertyA bill to create a Board of Contracts in the county of Liberty, and for other purposes. Also, a bill to amend the fence laws of this State now of force, and for other purposes. Mr. Graham, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Jl.fr. Speaker:
The Committee on Enrollment, report as duly enrolled

140

JOURNAL OF THE Hot;SE

and ready for the signature of the Speaker of the House of Representatives, the following resolution, to-wit :
A resolution authorizing the Treasurer to advance the Public Printer five thousand dollars on account of printing for the present session.
Mr. \Varren, chairman of the Committee on Finance, submitted the following report, to-wit:
.111r. Speaker:
The Committee on Finance have had under their consideration the following bills, which they report back to the House of Representatives with the recommendation that the same do pass, to-wit :
A bill to be entitled an Act to regulate and prescribe the compensation of Tax Collector and Tax Receiver of Floyd county, so far as relates to the collecting and receiving of the county taxes of said county, and to regulate and prescribe the compensation of the County Treasurer of said county.
Also, a bill to conf~r additional powers upon the Tax Collector of Sumter county, and to make said Tax Collector ex-officio Sheriff in certain cases.
Also, a bill to consolidate the offices of County Treasur~r and Clerk of the Superior Court of the county of Webster, and for other purposes.
Also, a bill to regulate the compensation of grand and petit jurors of the county of vVebster, and for other purposes.
Also, a bill to fix the pay of jurors' per diem in the county of Muscogee.
They have also had under their consideration the following bills vvhich they report back to the House with the recommendation that the same be referred to the Judiciary Committee, to-wit:
A bill to reduce and regulate the compensation of ReCeiver of Tax Returns and Tax Collector, and to amend

} ANUARY 19, I 876.

141

section 936 of the Code of Georgia regulating the commissions of Receivers and Collectors.
Also, a bill to consolidate the offices of Receiver of Tax Returns and Tax Collector of Jackson County, and to fi~ the salary therefor.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Webster, and for other purposes.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector in the county of Coweta, and to regulate the fees of the Collector.
They have also had under their consideration the following bills, which they report back to the House with the recommendation that same do not pass, to-wit:
A bill to reduce the pay and mileage of members of the General Assembly, and to alter and amend section 189 of the Code of 1873, and to alter and amend an Act entitled an Act to alter and amend section 178 of Irwin's Revised Code, passed December J, 1871, and for other purposes in this Act mentioned.
Also, a bill to exempt from taxation the cotton, corn and other produce of the previous ye~r in the hands of the producer on the 1st of April, and held for sale by him.
Order of business resumed.
By Mr. Bacon, of LibertyA bill to amend the school laws of this State, so far as the same relates to the county of Liberty. By Mr. NelmsA bill for the relief of William C. Peek, of the county of Fulton. By Mr. FredrickA bill to make it lawful for the Judges of the Superior Courts of this State to hear and determine motions for new trials at chambers. By Mr. MeadowsA bill prescribing the manner for owners of railroad and

142

JOURNAL OF TH~ HOUSE

other stocks to render same for taxation, and for other purposes.
By Mr. ScottA bill to protect the owners of lands, enclosed and unenclosed, in the counties of Lincoln and McDuffie.
By Mr. BarnwellA bill to authorize the Governor to procure standard .\veights and measures, and to distribute the same.
By Mr. SkeltonA bill to allow John T. Paden, of the county of Milton, to peddle without license.
By Mr. AdamsA bill to fix the per diem cost of feeding confined prisoners in the county of Monroe. Also, a bill to amend an Act creating a Board of Commissioners of Roads, Public Buildings, Public Property and Finance for the county of Monroe, and for other purposes. By Mr. PhinazeeA bill to fix the compensation of Tax Receiver, Tax Collector and Treasurer of the county of Monroe, and for other purposes.
By Mr. Calhoun, of MontgomeryA bill to prevent hunting on the lands of another in the county of Montgomery.
By Mr. WilliamsA bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside of the corporate limits of the city of Columbus, and within one mile of the court house of said county. Also, a bill to amend an Act entitled an Act, approved August 23, 1872, to prohibit the buying, selling, delivering or receiving of certain farm products therein specified in certain counties therein named, so that the county of Muscogee shall be embraced in the provisions of said Act.

jANUARY 19, 1876.

143

By Mr. LivingstonA bill to change the line between the counties of Newton and Jasper. Also, a bill to create a lien on judgments under all written obligations to pay money or other things of value, and to change the collection laws of this State, and for other purposes. Also, a bill to declare Yellow river, in the counties of Newton and Rockdale, a lawful fence, and for other purposes. Mr. Livingston introduced the following resolution, towit:
Resobed, That a special committee of one from each Congressional District be appointed by the Speaker to draw a bill revising the road laws of this State, and report by bill or otherwise.
By Mr. AndersonA bill to amend an Act to regulate the mode of granting license to retail spirituous liquors in the counties of Newton, Jasper and Stewart. By Mr. HutchensonA bill to provide compensation for county officers of the county of Oglethorpe for extra services rendered, and for other purposes. By Mr. Wilson, of OconeeA bill to Lhange the time of holding the Superior Courts in the county of Oconee. Also, a bill providing for the purchase of books for the county of Oconee. By Mr. TumlinA bill to organize a County Court for the county of Randolph, and for other purposes.
Mr. Tumlin introduced the following resolution, to-wit:
Resoh,ed, That the Comptroller General of the State furnish to this House, in writing, at an early a day as practicable, the aggregate amount of expenses of the De-

144

JOURXAL OF THE HOUSE

partments of Agriculture, State Geological Department, State School Commission, and State Board of Health, for the year 1874; also, the amounts p::tid out for said departments since January rst, 1874.
By Mr. BlackA bill to amend the jury laws of this State. Also, a bill to render certain the compensation of the County Judge of the county of Richmond, for attending to county business. By Mr. SpeerA bill to amend an Act entitled an Act to exempt locomotive engineers in the employment of railroad companies in this State from jury duty, and for other purposes, approved March 2d, I 875.
~'lr. Speer introduced the following resolution, to-wit:
Resolved, That the Clerk of this House be directed to have printed, for the use of the House, three hundred copies of each of the following documents accompanying the Governor's annual message:
I. The Report of the Chancellor of the University of Georgia.
2. The Report of the Board of Visitors of the University of Georgia.
3 The Report of the Georgia State Agricultural College and Mechanics' Arts.
4 The Report of the President of the Board of Trustees of the North Georgia Agricultural College.
S The Report of the Board of Visitors of the Atlanta University.
By Mr. FurlowA bill to alter and amend the charter of the city of Americus, and for other purposes. By Mr. HammondA bill to amend an Act entitled an Act to provide for the registration of electors in certain counties therein

jANUARY 19, 1876.

145

named, approved February 23, 1875, so far as the same relates to the counties of Camden and Thomas.
By Mr. PitmanA bill to create a Board of Commissioners of Roads and Revenues for the county of Troup, and for other purposes.
By Mr. FanninA bill to regulate the compensation of Tax Receiver, Tax Collector and Treasurer of the county of Troup. Also, a bill to amend an Act, approved January 19th, 1872, creating a County Court in each county in this State, except certain counties therein named, and the Acts amendatory thereto, so far as relates to the counties of Troup and Baldwin, approved March 5th, 1875, in so far as the same relates to the county of Troup, and for other purposes.
By Mr. SharmanA bill to abolish the County Court of the county of Upson.
By Mr. Carter~ A bill to amend an Act to prohibit the buying, selling, receiving and delivering of certain farm products therein .specified, in certain counties therein named, approved August 23, 1872, so that said Act shall apply to the county of Walton. By Mr. Jones, of BurkeA bill to amend an Act entitled an Act to amend and add to an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and vVashington, approved February 2oth, 1873, by adding a section thereto, increasing the license to sell the same in the county of Burke, approved March 3d, 1875. By Mr. HallTo declare the purchase of farm products from laborers who are indebted to their employers for supplies, etc., without permission from the employers, a misdemeanor, .and to provide a punishment for the same.
10



146

JouR~\AL OF THE HousE

By Mr. Miller, of Ware-

A bill to exempt from taxation all persons who have

lost an arm or leg.

Also, a bill to alter and amend an Act to incorporate the

town of \Vaycross, in t9.e county of Ware, and for other

purposes, approved August 3, 1874.

By Mr. Worthen-

A bill to fix the compensation of Tax Collector and Tax

Receiver, and County Treasurer, and the per diem pay of

jurors of the county of Washington, and for other pur-

poses.

By Mr. Clements, of Whitfield-

A bill to reimburse David Bukoefzer.

Mr. Fain introduced the following resolution, to-wit :

A resolution providing that a committee of one member

from each Congressional District be appointed by the

President of the Senate, and two members from each Con~

gressional District to be appointed by the Speaker of the

House of Representatives, whose duty it shall be to report

by bill or bills such amendments to said Constitution as

may be necessary, and propose to perfect the same.

By Mr. Fort-

A bill to amend an Act entitled an Act to prohibit hunt-

ing on the lands of another, in the counties of Quitman

and Camden, approved February 27, 1874, by extending

the same to the county of \Vayne.

By Mr. Sanders-

A bill to provide that County Treasurers, Tax Collectors,

School Commissioners, and other officers of this State,

holding trust funds, shall take an additional oath, and for

other purposes.

By Mr. Bowen-

A bill to revise an Act, approved December 12, 1871,

and for other purposes.

By Mr. Binns-

,

A bill to allow Simon Wheatley to peddle without

license.



147
By Mr. HendersonA bill to prevent fishing in the waters of \Vorth county with seines, gill netts, traps, or otherwise, except as pro_ vided by said bill. By Mr. DuncanA bill to provide for a State currency, and for other purposes. By Mr. TurnbullA bill to detach the counties of Union and Towns from the Blue Ridge Judicial Circuit, and for other purposes. By Mr. DuncanA bill to provide for a Board of Commissioners of Roads and Revenues for the county of Douglas.
Mr. Graham, chairman of the Committe on Enrollment, submitted the following report, to-wit : J}fr. Speaker:
The Committee on Enrollment report as signed by the Speaker of the House of Representatives, and President of the Senate, and delivered to the Governor the following resolution, to-wit :
A resolution authorizing the Treasurer to advance the Public Printer the sum of five thousand dollars in part payment of the public printing for the present session of the General Assembly.
Mr. Jones, chairman of the Committee on Agriculture, submitted the following rt>port, to-wit:
Mr. Speaker: The Committee on AgriLulture have had under consid-
eration the following bills, \vhich they recommend do pass, to-wit:
A bill to amend an Act entitled an Act to prohibit the buying, selling, delivering and receiving of any farm products therein specified, between the hours of sunset and sunrise, in.the counties of Lincoln, Brooks and other counties, approved August 23, I 872, so as to include the county of Morgan.

148

JOUR::\AL OF THE HoUSE

Also, a bill upon the same subject matter as the aforesaid bill, so as to include and apply to the county of Butts.
Also, a bill to amend an Act entitled an Act for the prevention of cruelty to animals, approved March I, 1875, and recommend that the 1st section of the aforesaid bill be stricken out, and the following be substituted therefor, as the 1st section, to-wit:
That the said recited Act be so amended as to add to the penalty of said Act imprisonment or work on the chain gang for a period not exceeding thirty days, or both, at the discretion of the court.
Which amendment the committee recommend do pass.
The Committee on Agriculture have also had under consideration the following bill, which they recommend do pass, with the following amendment, to-wit :
A bill to protect the owners of stock in the county of Wayne.
And recommend that the seventh, eighth and ninth lines of the Ist section be stricken out; also, that the following be added as the second section, to-wit:
That any person violating the preceding section shall, on conviction, be deemed guilty of a misdemeanor, and subject to be fined not less than five dollars nor more than one hundred dollars for each offense: Pro'm"ded, that nothing in this section shall apply to owners of land placing such stock under the control of their own tenants and croppers.
On motion of Mr. Livingston, the rules were suspended, and the following resolution was taken up, read the second time and agreed to, to-wit:
Resolved, That a special committee of one from each Congressional District be appointed by the Speaker to draft a bill revising the road laws of this State :
The Speaker appointed as said committee: Ist District-Mr. King. 2d District-Mr. Smith, of Lowndes. 3d District-Mr. Smith, of Webster.

JA:-iUARY 20, 1876.

149

4th District-Mr. Nelms. 5th District-Mr. Brown. 6th District-Mr. Livingston. 7th District-Mr. Hamilton, of Floyd. 8th District-Mr. Battle. 9th District-Mr. Jamison. Mr. Livingston as chairman. At the request of the Finance Committee, Mr. Turner, of Brooks, was added to the committee.
Leave of absence was granted Mr. Dyer.
Mr. Lawton presented a memorial from the officers of the Lee Monumental Association for Georgia, which was read.
l\1r. Black offered the following resolution, to-wit:
Resolved, That this House do now adjourn in respect to the memory of General Robert E. Lee. Which was agreed to.
And the House then adjourned until IO o'clock a. m., to-morrow.

ATL\C\TA, GEORGIA, } Janumy 20, 1876.
The House met pursuant to adjournment, was called to order by the Speaker, and opened ''"ith prayer by the Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. The Journal of yeste~day was read and approved. On motion of Mr. Speer, the rules were suspended, and the following resolution taken up for consideration, to-wit:
A resolution ordering the printing of certain reports accompanying the Governor's message.
On motion of Mr. Speer, the resolution was amended by adding, ''and the report of the Superintendent of the Macon & Brunswick Railroad, and other reports accompanying' the message."

.

150

} OURKAL OF THE HOCSE

The amendment was adopted, and the resolution, as amended, was agreed to.
The regular order of business being the reading of bills the third time, the following bills were read the third time and disposed of, as hereinafter specified, to-wit:
A bill to exempt from taxation the cotton, corn, and other produce of the previous year, in the hands of the producers on the Ist of April, and held for sale by them. Recommitted to the Committee on Agriculture.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof:
Mr. Speaker: The Senate has passed the following bills, to-wit: A bill to extend the jurisdiction of the Justices of the
Peace, who are ex-officio Justices of the Peace, in the county of Camden, and for other purposes.
Also, a bill for the relief of A. B. Kerse and Barnett Kerse, of the county of Worth.
Also, a bill to legalize the election of municipal officers of the town of Cedartown, held on the first Saturday in January, 1876, and for other purpose:;.
Also, a bill for the relief of R. N. Varnell and his securities, of whitfield county.
The Senate has passed the following bill by a constitutional majority of 37 yeas and 4 nays:
A bill to incorporate the Brunswick Bank and Trust Company.
Mr. Speer, chairman of the Committee on Education, submitted the following report, to-wit:
Jrfr. Speaker: The committee to whom was referred a ''bill authorizing
and requiring the School Commissioners for the town of Thomaston, and the County Board of Education of Upson county, to make conveyance of Academy lots to the Trustees of Thomaston High School, and to pay the pro

.

}A:-<UARY 20, 1876.

151

rata of the public school fund to the accounts of its teacher," and a bill to be entitled an Act to abolish the offices of County School Commissioner and members of the Board of Education, so far as the county of Fannin is concerned, and to provide other agents to perform the duties now performed by the incumbents of these offices, beg leave to report the same back to the House, recommending their passage.
The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:
Mr. Speaker: I am directed by his Excellency the Governor, to deliver
to the House of Representati\es a communication in writing.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof:
Jlfr. Speaker: The Senate has passed the following bills, to-wit: A bill to alter and amend section 86o of the Code of
,Georgia, regulating the manner of allowing Tax Collectors insolvent lists.
Also, a bill to change the lines between the counties of Appling and Wayne, and for other purposes.
Also, a bill to alter and amend section 888 of the Code
of Georgia, regulating the levy of tax ft. fas., and the sales
thereunder. Also, a bill to authorize the Comptroller General to col-
lect, by execution, debts due the State by lessees of Penitentiary convicts.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads and Revenues for the county of Terrell, approved 15th February, 1873, so far as the same applies to the county of Gilmer.
The order of business resumed. A bill to amend the charter of the town of Morgan, in

152

JouRNAL OF TilE HousE

the county of Calhoun. Recommitted to the Committee on Corporations.
Also, a bill to regulate and prescribe the compensation of Tax Collector and Tax Receiver of the county of Floyd, so far as relates to the collecting and receiving of the county taxes, and for other purposes. Passed.
Also, a bill to reduce and regulate the compensation of Receivers of Tax Returns and Tax Collectors, and to amend section 936 of the Code. Recommitted to the Committee on the Judiciary.
Also, a bill to consolidate the offices of Receiver of Tax Returns and Tax Collector of the county of Jackson, and for other purposes. Recommitted to the Committee on the Judiciary.
Also, a bill to reduce the per diem pay and mileage ~ of members of the General Assembly, and to alter and
amend section 189 of the Code of 1873, and for other purposes.
This bill having been reported back to the House by the Committee on Finance, with the recommendation that the same do not pass, Mr. vVarren moved to disagree to the report of the committee.
Mr. Turnbull moved to lay the motion to disagree to the committee report on the table.
Mr. Bacon, of Bibb, moved to recommit the bill to the Committee on Finance, with instructions to report the subject matter of the same in the general appropriation bill.
On the motion to recommit to the Committee on Finance, Mr. Warren called for the yeas and nays, \vhich call was not sustained.
The motion to recommit the bill then pre\ailed.
The following bill being the special order of the day, the House proceeded to the consideration of the same :
A bill to repeal an Act to amend the Constitution of


jANUARY

20,

1876.

153

this State on the subject of the reduction of the homestead

and exemption laws, approved February 24, 1875. This bill having been reported back to the House by the

Committee on the Judiciary, to whom it had been referred, with the recommendation that the same do not pass, Mr. ~IcKinly moved to disagree to the report of the committee.

Mr. Speer raised the point of order that the House had

no authority to entertain the bill, as it proposed to repeal

the action of the session of 1875 on a bill to amend the Constitution of the State.

On the question of whether or not the House has the right to consider the bill, Mr. Bacon, of Bibb, called for

the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-l\Iessrs.

Adams,

Gray,

McAfee,

Bacon, of Bibb, Graham, of Dade, Miller, of Ware,



Barnwell,

Grimes, of Miller, Nelms,

Brown,

Grimes,

Pierce,

Black, Bennett,

of l\Iuscogee, Padget,

Hamilton,

Parker,

Burns,

of Clinch, Phinazee,

Binion,

Holland,

Patman,

Bowen,

Humber,

Carter, of Appling, Hutchins,

Craig, of Bibb, Harrall,

Camp,

Harrison,

Ridley, Shewmake, Shellnut, Smith, of Dawson,

Carleton, ofGreene, Hall,

Smith, of vVebster,

Crymes,

Jones, of Burke, Sapp,

Calhoun,

Jones, of Crawford, Sheffield,

of Montgomery, King,

Simmons,

Culver,

Kilpatrick,

Stewart,

Chappell,

Lang,

of Rockdale,

Crawford, Clarke,

Lane, Livingston,

Turner, of Brooks, vVilson, of Clarke,

DeLoach, Furlow,

i\IcKinly, l\Tathews,

Wilcher, \Vimberly,

15-!

JOURNAL OF THE HouSE

Ficklan, Fannin, Fort, George,

McGill, Mattox, Moss,

Willis, of Greene, Williams, Walsh.

Those voting in the negative are-Messrs.

Atkinson, Anthony, Allred, Asbury, Alderman, Baker,

Fain,

Pitman,

Glisson,

Rudisill,

Graham, of Telfair, Rankin,

Hamilton,

Revill,

of Floyd, Sharpe,

Hoge,

Saunders,

Bacon, of Liberty, H utchenson,

Stallings,

Binns,

Hammond,

Blue,

Henderson,

Battle,

Holcombe,

Carter, of \Valton, Irwin, Craig, of \Vhite, Jamison,

Smith, of Lowndes, Scott, Skelton, Spinks, Searcy,

Cassidy,

Jones, of Rabun, Speer,

Carleton, of Clarke, Kennedy,

Sharman,

Calhoun, of Fulton,

of Bulloch, Terrell,

Cobb,

Kennedy,

Turnbull,

Candler,

of Emanuel, Turner, of Floyd,

Clements, of Irwin, Lawton,

Thomas,

Clements,

Lindley,

\Varren,

of Whitfield, Leach,

Whittle,

Clements,

Little,

'Wilson, of Fulton,

of \Valker, Leverett,

Wilcox,

Christian,

Maxwell,

\Vilcoxon,

Colley,

lVIiller, of Marion, \Vinningham,

Duncan, Duggar,

Marshall, Neal,

\Vestbrook, \Vesselowsky,

Duggan,

Norman,

\Vare,

Davis,

Peeples,

\Vynn,

Eakes,

Potts,

\Villis, of Macon.

Elkins,

Peden,

\Varner,

Fredrick,

Patton,

Yeas, 72. Nays, 89.

\ Vorthen.

JANUARY 21, 1876.

155

So the House refused to entertain the bill.
Leave of absence for Friday and Saturday, of this week, was granted the Committee on the Deaf and Dumb Asylum.
Leave of absence for two days was granted Mr. Sheffield. On motion of Mr. Warren, the House then adjourned until 10 o'clock a. m., to-morrow.

ATLANTA, GEORGIA,

}

January 21, 1876.

The House met pursuant to adjournment, was called to

order by the Speaker, and opened with prayer by Rev.

John Jones, the Chaplain.

The call of the roll was, on motion, dispensed with.

The Journal of yesterday was read and approved.

11

Mr. Nelms introduced the following resolution, which was agreed to, to-wit:
A resolution tendering the thanks of the House to W. D. williams, Principal of the Academy for the Blind, and the managers and pupils of that institution, for the entertainment given the members of this body on last evening.

The regular order of business being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, when the following bills were introduced and read the first time, to-wit:
By Mr. Smith, of WebsterA bill to provide for the per diem pay of jurors in the Criminal Court of the county of \Vebster, and for other purposes. By Mr. AsburyA bill to change .the line between the counties of Taliaferro and Greene. By Mr. FurlowA bill to prohibit attorneys at law from becoming sureties on the bonds of Sheriffs of this State.

156

JocRNAL oF THE HaesE

By Mr. Patton-

A bill to consolidate the offices of Tax Receiver and

Tax Collector of the county of Schley, and for other put-

poses.



Also, a bill for the relief ofT. H. Deveau, of the county of Schley.

By Mr. walsh-

A bill to empower the Governor of Georgia to purchase a battery of guns and equipments for the Light Artillery Company of Augusta, and for other purposes.
By :\Ir. Black-

A bill to authorize security to be given in all civil or criminal proceedings by a deposit of Georgia bonds, and to make it penal for the same to be stolen while on deposit, and for other purposes.

Also, a bill to authorize creditors of any person making a voluntary assignment to compel the assignee to give security to discharge his trust, and for other purposes.
Also, a bill to enlarge the corporate privileges of the Baptist Society in the city of Augusta, and for other purposes.

By l\Ir. Tumlin-

A bill to regulate the traffic in seed cotton, and for other purposes.
By l\Ir. PedenA bill to amend an Act to organize a Criminal Court for the counties of DeKalb, Henry and Sumter, approved February 22d, 1873, so as to include in said Act the county of Pike.

By Mr. AdamsA bill for the relief of H. G. Gibson, of the county of :Monroe, and for other purposes.

The following message was received from the Senate through :Mr. Murphey, the Secretary thereof:

}A:s'UARY 21, I8J6.

157

lvfr. Speaker: The Senate has passed the following bills, to-wit : A bill to regulate the pay of grand and petit jurors in
the county of Worth, and for other purposes. Also, a bill to prescribe the mode of taxation upon
shares or stock of banks or banking associations organized under the authority of this State, or of the United States, .and located within this State.
Also, a bill requiring the Receiver of Tax Returns of Appling, Wayne and Pierce counties to furnish the tax payers with a certificate, and for other purposes.
The Senate has passed the following bill, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to alter and amend section 383 of the Code of 1873, in relation to fixing penalties for misconduct of Solicitors General.
Mr. \Varren, chairman of the Committee on Finance, submitted the following report :
Jllfr. Speaker: The Committee on Finance have had under their con-
sideration the following bills, \vhich they report back to the House of Representatives, with the recommendation that the same do pass, to-wit:
A bill to regulate the pay of jurors, and provide for the extra compensation of county officers in the county of Effingham.
Alsq, a bill to require all officers of the county of Spalding, or the courts thereof, who collect fines and forfeitures in said county, to pay the same into the County Treasury, and to provide for disbursement of same.
Also, a bill to regulate the pay of grand and petit jurors for the counties of Montgomery and Liberty.
They have also had under their consideration the following bills, which they recommend be referred to the Committee on the Judiciary, to-wit :

158

Jot:RXAL oF TIIE HousE

A bill to fix the compensation of the Tax Collector, Tax Receiver and Treasurer of Macon county, and to regulate the extra compensation of county officers.
Also, a bill to regulate the compensation of the Tax Collector and the Receiver of Tax Returns for the collection of the county tax for the county of Effingham.
Also, a bill to consolidate the offices of Tax Receiver and Collector of the county of Chattahoochee, and provide compensation for the same, and for other purposes.
Also, a bill to consolidate the offices of Tax Collector and Receiver of Bartow county.
They have also had under their consideration the following bills, which they recommend do not pass, to-wit:
A bill to change section 1640 of the Code of Irwin, Lester and Hill, and to reduce and fix the pay of certain officers therein mentioned.
Also, a bill to repeal an Act entitled an Act to establish a Department of Agriculture for the State of Georgia.
Also, a bill to repeal an Act to appropriate funds to the State College of Agriculture and the Mechanic Arts, and to the North Georgia Agricultural College, and for other purposes.
Also, a resolution requesting the Congress of the United States to repeal an Act requiring State banks or State banking associations to pay a tax of ten per cent. on all bills issued for currency, which they recommend do not pass.
They have also had under their consideration the following bills, which they recommend do pass by substitute, to-wit:
A bill to regulate the compensation of jurors and bailiffs in the county of Wayne.
Also, a bill to reduce the ~heriff's bond of the county of Baker to six thousand dollars.
They have also had under their consideration the follow-

}ANUARY 21, 1876.

159'

ing bill, which they report back \Vithout recommendation, to-wit:
A bill to repeal an Act entitled an Act to create the office of State Geologist, and to provide for a geological, mineralogical and physiological survey of the State of Georgia, and for other purposes, approved February 27th, 1876.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit :
Mr. Speaker: The Committee on the Judiciary have had under consid-
eration the following bills, and recommend the passage of the same, to-wit:
A bill to amend an Act entitled an Act to create a County Court in each county in this State, except certain counties therein named, so far as the same relates to the county of Thomas.
Also, a bill to create a Board of Commissioners of Roads and Revenue for the county of vVayne; to define their powers and duties, and for other purposes.
Also, a bill to prevent the barter or sale of malt or spirituous liquors within three miles of Union Church, in Richmond county.
Also, a bill to alter and amend an Act to provide for the manner of issuing county and municipal bonds.
Also, a bill to require Receivers of Tax Returns to enter on their digest the first or christian name in full of all tax payers.
Also, a bill to amend an Act entitled an Act to amend and reduce into one the several Acts and amendments. thereto incorporating the village of Cave Spring, in the county of Floyd, approved December 14, 1871.
Also, a bill to consolidate the offices of Tax Collector and County Treasurer, of the county of Fannin.
Also, the following bill, for which they herewith submit

160

JouRNAL OF THE HousE

.a substitute and recommend the passage of the same, towit:
A bill to amend the charter of the Rising Fawn Iron 'Company.
Also, the following bills which they recommend do not pass, to-wit :
A bill to exempt from process of garnishment the wages of journeymen mechanics and day laborers.
Also, a bill to amend the 3725th paragraph of the Revised Code of Georgia.
Also, a bill to prevent the obstruction of the waters of Beard creek.
Also, a bill for the b;::tter rem;_tnerating Justices of the Peace in Oglethorpe county.
Also, a bill to repeal the 3674th section of the Revised Code.
The order of business was resumed. By Mr. Grimes, of MillerA bill to regulate the pay of grand and petit jurors of the county of Miller. Also, a bill to prohibit hunting on certain lots of land in the county of Miller. By Mr. BarnwellA bill to legalize certain acts of the County Commissioners of the county of Mcintosh. Also, a bill to confer upon the chief executive officer of the city of Darien power to pass an alternate sentence of fine or imprisonment. Also, a bill to create Commissioners for the county of Mcintosh and the city of Darien, and to define their powers and duties. By Mr. MeadowsA bill to amend an Act to regulate the sale of spirituous, vinous and malt liquors in certain counties therein named, approved February 26, 1875, so as to apply the provisions -of said Act to the county of Madison, and for other purposes.

jANUARY 21, I8i6.

161

By Mr. Wilson, of Oconee-
A bill to amend an Act to create a County Court in each "County in this State, except certain counties therein named, so far as the same applies to the county of Oconee.
Mr. Parker introduced the following resolution, which was agreed to, to-wit :
Resolved, That a seat upon the floor of this House be tendered to the Hon. W. P. Price, of Lumpkin county, during his stay in the city.
By Mr. Parker-
A bill to authorize the voters of the town of Dahlonega to hold an election for an Intendant and Board of Town Commissioners.
By Mr. BrownA bill to ratify and confirm the sale of Gilmer street, in the town of Perry.
Mr. Little introduced the following resolution, to-wit, which was read :
Resolved, That the Committee on Finance be requested to investigate the claims of the several counties embraced in the recent insurrectionary district, and include in the general appropriation bill such sums to said counties respectively as may be proper to cover the extraordinary expenses incurred in consequence of said insurrection.
By Mr. WynnA bill to legaliz~ the order passed by the Judge of the Superior Court, in the county of Henry, at the Fall term 1874, in favor of the Sheriff and Clerk of the Superior Court of said county for services rendered, and other purposes. By Mr. HollandA bill to amend the several Acts incorporating the town of Hartwell, in the county of Hart, and for other purposes.
II

162

JOURNAL OF THE HOUSE

By Mr. Kilpatrick-
A bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Harris, and for other purposes.
By Mr. CandlerA bill to amend an Act entitled an Act approved February 22, 1873, to amend the several Acts incorporating the city of Gainesville, and for other purposes. Also, a bill to amend an Act, approved February 26, 1875, and known as the "legal option law."
By Mr. RankinA bill to change the line between the counties of Murray and Gordon.
By Mr. \VilcherA bill to regulate the fees of the Tax Collector and Tax Receiver of the county of Glascock.
By Mr. Calhoun, of FultonA bill to amend section 2040 of the Code of 1873, and for other purposes.
By Mr. LeachA bill for the relief of George M. Davis, of the county of Fayette.
By Mr. BlueA bill to appropriate the ad valorem State tax of the county of Glynn, of the year 1876, for said county, for the purpose of building a court house.
By Mr. CassidyA bill to require the Treasurers of the counties of Effingham, Clinch and Emanuel to receive and disburse the public school fund of said counties, and for other purposes.
By Mr. WinninghamA bill to amend an Act enj:itled an Act to amend an Act entitled an Act to amend an Act to incorporate the town of Decatur, in the county of DeKalb, and for other purposes.

}A:-<L\RY 2I, 1876.

163

On motion of :Mr. Turnbull, the resolution authorizing the appointment of a committee to inquire and report \Vhether the Act authorizing the lease of the \Vestern & Atlantic Railroad had been violated by the lessees, was taken up as the special order of the day, and agreed to.
The Speaker appointed as a committee on the part of the House Messrs. Baker, Rankin, Fain, Lawton and Adams.
On motion of Mr. Turnbull, the resolution, with the action of the House thereon, was ordered transmitted to the Senate.
Mr. \\'ilcoxon offered the following resolution, to-wit:
Resolved, That the-Committee on the Lunatic Asylum be instructed to inquire into the causes why certain pauper lunatics confined in the jails of certain counties of the State have failed to obtain admission into the State Lunatic Asylum, and make a report to this House.
By Mr. WilcoxA bill to supplement the present general school law so far as relates to certain counties therein named.
By Mr. Hamilton, of ClinchA bill to protect the citizens of Clinch county against loss in damage to stock killed or injured by the running of locomotives, cars and other machinery on the Atlantic & Gulf Railroad in this State.
By Mr. AnthonyA bill to establish and regulate the fees of Justices of the Peace and Constables of this State, and to provide for the collection of the same. Also, a bill to amend an Act to create a County Court for the county of Clayton, approved February 28, 1874.
By Mr. Carleton, of ClarkeA bill for the relief of Malcolm Stafford, late auctioneer in the county of Clarke.

164

JouRNAL OF THE HousE

Also, a bill to amend an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereto, approved August 24, 1872.
By Mr. LangA bill to prevent setting fire to woods in this State.
By Mr. \VarrenA bill to authorize the consolidation of the Savannah, Skidaway & Seaboard Railroad Company and the Coast Line Railroad Company, and for other purposes.
By Mr. PierceA bill to repeal an Act entitled an Act, and the various amendments thereto, approved February 22, 1875, to create a Board of Commissioners o~ Roads and Revenues for the county of Calhoun, and for other purposes. By Mr. NelmsA bill to empower the Building Committee of the Austell Collegiate Institute, in the town of Fairburn and the county of Campbell, to levy a special ad valorem tax for the completion of said building, and for other purposes. By Mr. AtkinsonA bill to amend an Act entitled an Act to regulate the weighing of cotton, rice and other agricultural products, and to prescribe a penalty for a violation of the same, approved March 2, 1875. By Mr. GlissonA bill to extend the corporate limits of the town of \Vaynesboro, in the county of Burke. By Mr. Bacon, of BibbA bill to authorize the Mayor and Council of the city of Macon to issue bonds, and for other purposes. Also, a bill to amend an Act entitled an Act to establish a permanent Board of Education and Orphanage in the county of Bibb, and for other purposes. By Mr. BakerA bill to authorize the Mayor and Aldermen of the city of Cartersville, in the county of Bartow, to assess, levy

jAXlJARY 2I, I8i6.

165

and collect a tax upon certain shows therein specified that may exhibit within the corporate limits of said city.
Mr. Turnbull introduced the following resolution, to-wit: Resolved, That a joint special committee of five from the House, to be appointed by the Speaker, and three from the Senate, to be appointed by the President thereof, be appointed to take into consideration the propriety of selling the western & Atlantic Railroad, and report at the earliest practicable moment by bill.
Mr. McKinly presented a memorial from the Georgia State Grange, with the accompanying resolution, to-wit:
Resolzed, That the accm:l'!panying memorial of the Georgia State Grange, on illlportant matters connected with the security of agriculture, be printed, and that two hundred copies of the same be furnished for the use of the House.
On motion of l\Ir. l\IcKinly, the rules were suspended, and the resolution \vas taken up, read the second time and agreed to.
Order of business resumed.
By l\Ir. l\IcKinlyA bill to amend the Act of February 22, I 8i 5, extending section 4600 of the Code. Also, a bill to establish market overt in certain cases, on request of the grand jury. Also, a bill to revive for the year I 8i6 the merchants' crop lien law.
By Mr. \\.'arnerA bill to declare that dogs shall not be considere? property for the purpose of imposing an ad '"'alorem tax.
The next onler of business being the reading of bills for the third time, the following bills were read the third time and disposed of as is hereinafter specified, to-wit:
A bill to repeal an Act entitled an Act to establish a Department of Agriculture for the State of Georgia. Recommitted to the Committee on Agriculture.

166

JouR:\,\L oF THE Hot:sE

Also, a bill to include the county of Morgan in an Act, approved August 23, 1872, entitled an Act to prohibit the

buying, selling, delivering or receiving of certain farm pro-

ducts therein specified, between the hours of sunset and

sunnse. Passed.

Also, a bill to exempt from process of garnishment the

wages of journeymen mechanics and day laborers.

This bill having been reported back to the House by the Committee on the Judiciary, to 'vhom it had been referred, with the recommendation that the same do not pass, Mr.

\Villiams moved to disagree to the report of the committee.

Mr. Candler called for the previous question, which call was sustained.

Mr. Craig called for the yeas and nays on the original

motion to disagree with the committee report, which call

was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Anderson,

Fannin,

Padget,

Atkinson,

Fain,

Potts,

Adams,

George,

Parker,

Allred, Alderman,

Gray,

Patton,

Graham, of Dade, Pitman,

Bacon, of Bibb, Graham, of Dooly, Shewmake, Bacon, of Liberty, Graham, ofTelfair, Shellnut,

Black,

Grime:>,

Sharpe,

Blue, Binion,

of l\Iuscogee, Saunders,

Hamilton,

Stallings,

Bowen,.

of Clinch, Smith, of Dawson,

Craig, of Bibb, Hamilton,

Smith, of Lowndes,

Carleton, of Greene,
Cobb, Culver, Clements,
of \Valker, Clarke,

of Floyd, Harrison, Holcombe, Jamison, Jones, of Rabun, Kilpatrick, Lane,

Spinks, \Varren, \Yhittle, \Vilson, of Clarke, \Vilson, of Fulton, \Vilcoxon, \Vinningham,

}ANUARY 2I, 1876.

167

Duggar,

Livingston,

\Villis, of Greene,

Duggan,

Mathews,

\Varner,

Davis,

Moss,

\Vofford,

Eakes,

McAfee,

Williams,

Elkins,

Meadows,

\Valsh,

Furlow,

Miller, of Marion, \Vorthen.

Ficklan,

Pierce,

Those voting in the negative are-Messrs.

Anthony,

Grimes, of Miller, Miller, of Ware,

Asbury,

Hoge,

Marshall,

Baker,

Holland,

Neal,

Barnwell,

Humber,

Peeples,

Brown,

Hutchenson,

Patman,

Bennett,

Harrall,

Peden,

Burns,

Hammond,

Rankin,

Carter, of Appling, Hall,

Revill,

Carter, of \Valton, Henderson,

Smith, of \Vebster,

Camp,

Irwin,

Simmons,

Cassidy,

Jones, of Burke, Scott,

Carleton,ofCiarke, Kennedy,

Stewart,

Crymes,

of Bulloch,

of Rockdale,

Calhoun,of Fulton, Kennedy,

Searcy,

Calhoun,

of Emanuel, Speer,

of Montgomery, Lang,

Sharman,

Candler,

Lawton,

Turnbull,

Clements, of Irwin, Lindley,

Turner, of Brooks,

Christian,

Lamkin,

Thomas,

Chappell,

Leach,

Tumlin,

Crawford,

Leverett,

\Vilcox,

DeLoach,

McKinly,

Wilcher,

Fredrick,

Maxwell,

\Vare,

Fort,

McGill,

Wynn,

Glisson,

Mattox,

Yeas, 72. Nays, 72.

\Villis, of l\iacon.

It appearing from the count that the vote was a tie the

Speaker vote aye, and the motion to disagree to the com-

mittee report prevailed. The bill then passed.

168

JOGRNAL OF THE HoUSE

On motion of Mr. Speer, the rules were suspended and the following bills were introduced and read the first time. to-wit:
By Mr. Speer-
A bill to repeal the several sections of the Code, begining with section 1254, and ending with section I2iO, inclusive, and for other purposes.
By Mr. McAfee-
A bill to create a Board of Commissioners of Roads and Revenues for the county of Lee.
Also, a bill to regulate the giving of mortgages on crops in this State.
On motion of :\Tr. Graham, of Dade, the rules were suspended, and the following bill was read the third time, and passed by substitute, to-wit:
A bill to amend the charter of the Rising Fawn Iron Company of Georgia.
Mr. Brown introduced the following resolution, which was agreed to, to-wit :
Resobed, That Hon. W. S. \Vallace be invited to a seat upon the floor of the House during his stay in the city.
Mr. Candler, chairman of the Special Joint Committee, to whom was referred the bill to call a Constitutional Convention, submitted the following report, to-"it :
Jfr. Speaker:
The special committee to whom was referred a bill to be entitled an Act to submit to the people of this State the question of calling a Convention to frame a Constitution of Government, and to provide for the election of delegates to the same, and to designate the time and place of their meeting, in the event a majority of the voters favor such Convention ; and a bill to be entitled an Act to provide for the holding of a Convention of the people of Georgia, for the purpose of revising the Constitution of said State, have had the same under consideration, and direct me to.

}A:-;uARY 22, 1876.

169'

report them back to the House, with a substitute for both bills, which they recommend do pass.
On motion of Mr. Speer, three hundred copies of the bill reported by said committee were ordered printed for the use of the House, and the bill made the special order of Thursday next.
Leave of absence was granted Messrs. Phinazee, Little, Wimberly, Harrall, Stewart, ofSumter, Clark, and Hamilton, of Floyd.
Mr. Lawton having requested to be relieved from serving on the committee to investigate the alleged violation of the lease of the \Vestern & Atlantic Railroad by the lessees thereof, the Speaker appointed Mr. Speer as a member of said committee, vice Mr. Lawton, excused.
On motion of Mr. Shewmake, the House then adjourned until 10 o'clock a. m., to-morrow.

ATLA!\TA, GEORGIA,

}

January 22, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. l\'I r. Spalding.
The call of the roll was, on motion, dispensed with.

The Journal of yesterday was read and approved.

Mr. Tumlin moved to reconsider so much of the Journal as relates to the action of the House on the passage of the following bill, to-wit :
A bill to exempt from process of garnishment the wages of journeymen mechanics and day laborers.

Mr. McAfee moved to lay the motion to reconsider the bill on the table, which motion prevailed.

Mr. Harrison submitted a minority report from the special committee on the Constitutional Convention, and, on motion, two hundred copies of the report were ordered

170

} OCR)'l'AL OF THE HolJSE

printed, and the same made the special order for Thursday next.
On motion of 1\Ir. \Vilcoxon, the rules were suspended, and the following resolution taken up and agreed to, to-wit:
Resolved, That the Committee on the Lunatic Asylum be instructed to investigate the causes of the failures to obtain admission into the State Lunatic Asylum for the numerous pauper lunatics confined in the several jails of this State.
Mr. Leverett made the motion that this House do now adjourn until Monday morning next, at 10 o'clock a. m., which motion did not prevail.
The regular order of business being the reading of bills the third time, the following bills were read the third time and disposed of, as is hereinafter specified, to-wit:
A bill to confer additional powers on the Tax Collector of the county of Sumter, and for other purposes. Passed.
Also, a bill to change the line between the counties of Marion and Taylor. Amended and passed.
Also, a bill to amend an Act entitled an Act to create a .County Court in each county in this State, except certain .counties therein named, so far as the same relates to the county of Thomas. Passed.
Also, a bill to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of \Vebster, and for other purposes. Passed.
Also, a hill to regulate the compensation of grand and petit jurors of the county of Webster, and for other purposes. Passed.
Also, a bill to protect the owners of stock in the county of \Vayne. Amended and passed.
Mr. Lawton, chairman of the Committee on the Judidary, submitted the following report, to-wit:
Jlfr. Speaker: The Comm t ~ee on the Judiciary have had under consid-

}AXUARY 22, 1876.

171

eration the following bills, and recommend the passage of the same, to-wit:
A bill to fix the compensation of jurors for the county <>f Burke.
Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenue m the -county of Dooly.
Also, a bill to fix the compensation of jurors m the County Court of Dooly county.
Also, a bill to create a Supervisor of Roads for the <:ounty of Columbia.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Brooks and Tattnall.
Also, a bill to fix the salary of the Judge of the County Court of Brooks county.
Also, a bill to require the Judges of the Superior Courts
to give specially in charge sections 1402 and 1408 of the Revised Code of 1873.
Also, the following bills, \vhich they recommend do pass, as amended, to-wit:
A bill to prohibit the sale of any kind of intoxicating or ardent spirits within two miles of Cedar Creek Baptist Church, in the county of Floyd.
Also, a bill to change the time of holding the Superior Court of the county of Burke.
Also, a bill to authorize the County Commissioners of Coweta county to grant orders upon the Treasurer of said county, to pay grand and petit jurors for services rendered in the year 1875.
Also, the following bills, for which they submit substitutes, and recommend the passage of the same, to-wit:
A bill to regulate marriages in this State, and for other purposes.
Also, a bill to amend an Act creating a County Court for the county of Clayton, so far as the same relates to the county of Campbell.

172

Jo~R~AL OF THE }{o~SE

Also, the following bill, which they report back to the House, without recommendation, to-wit :
A bill to more effectually provide for the collection of the State tax against emigrant agents.
Also, the following bills, \vhich they recommend do not pass, to-wit:
A bill to hire out prisoners confined in the jail of Randolph county.
Also, a bill to organize a Criminal Court for the county of Burke.
Mr. Bacon, of Bibb, chairman of the Committee on Corporations, submitted the following report, to-wit:
Jllr. Speaker : The Committee on Corporations have had under consid-
eration the following bills of the House, which they have directed me to report back to the House, with the recommendation that they do pass :
A bill to be entitled an Act to define the corporate limits of the city of Griffin, Spalding county, Georgia ; to limit the number of offices of said city ; to limit the current expenses of said city ; to define the powers and duties of the l\'fayor and Council of said city ; to repeal certain Acts amending the charter of said city, and for other purposes therein mentioned.
Also, a bill to be entitled an Act to amend an Act entitled an Act to alter and amend an Act entitled an Act to incorporate the Union and Lumpkin Turnpike Company, and to grant certain privileges, assented to 28th December, I 843, and to extend the time for the operation of said charter ; to change the name of the company, and for other purposes, approved l\1arch 6, I 869, and for other purposes.
The reading of bills the third time was resumed. A bill to organize a Criminal Court for the county of Burke. This bill having been reported back to the House by the

}ANGARY 22, 1876.

173

Committee on the Judiciary, to whom it had been referred with the recommendation that the same do not pass, Mr. Shewmake moved to disagree to the committtee report. Mr. Jones, of Burke, moved to lay the matter on the table temporarily, which motion prevailed.
Also, a bill to change the time of holding the Superior Court of the county of Burke. Amended and passed.
Also, a bill to fix the compensation of jurors for the county of Burke. Passed.
Also, a bill to amend an Act entitled an Act to create a County Court for the county of Clayton. Passed by substitute.
Also, a bill to regulate marriages in this State.
The Committee on the Judiciary, to whom the bill had been referred, reported the same back to the House, with the recommendation that the same do pass by substitute.
Mr. \Varren moved to amend by striking out 18 years, and inserting 16 years, in the amended bill reported by the committee, which amendment was not adopted.
Mr. Allred moved to indefinitely postpone the bill, which motion did not prevail, when the committee report was agreed to, and the bill passed by substitute.
Also, a bill to prevent the obstruction of the waters of Beard creek. Lost.
Also, a bill to authorize and require the School Commissioners for the town district of the town of Thomaston, .and the County Board of Education of the county of Upson, to make conveyance of Academy lots to the Trustees of Thomaston High School, and for other purposes. Passed.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Wayne, and for other purposes. Passed.
Also, a bill to regulate the compensation of jurors and bailiffs in the county of \Vayne. Passed by substitute.
Also, a bill to alter and amend an Act to provide for the

174

Jo~'RXAL oF THE HocsE

manner of issuing county and municipal bonds, and for other purposes. Lost.
The following message was received from the Senate through 1\Ir. l\1:urphey, the Secretary thereof:
l'.Ir. S}eaker: The Senate has passed the following bills, to-wit:
A bill to alter and amend an Act entitled an Act to incorporate the Chestatee Fluming and Mining Company, and for other purposes, approved December 3d, 1866.
Also, a bill to relieve J. M. Livingston and Mathew
Tucker from all liability incurred by them by the forfeiture,
in Colquitt Superior Court, of the appearance bond of J.
A. and 'vV. H. Carmichael, upon which they were securities. Also, a bill to define and punish criminal negligence. Also, a bill to authorize the issue of bonds of the State
wherewith to retire, by exchange, the recognized bonds of the Macon & Brunswick Railroad, and for other purposes.
Also, a bill to incorporate the Chestatee Quartz Mining and Sluice Washing Company.
Also, a bill to define the time within which proceedings. to set aside judgments and decrees of courts must be instituted.
Also, a bill to authorize County School Commissioners and. members of County Boards of Education to administer oaths in certain cases.
The Senate has passed the following bills, with amendments thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to incorporate the St. Mary's Air Line Railroad Company.
Also, a bill to incorporate the Pigeon Roost Gold Mining Company.
Also, a bill to transfer the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time of holding the Superior Courts of the counties composing s.aid Oconee Circuit, as organized under this bill.

}A:-<UARY 22, I876.

175

Also, a bill to provide for the adjustment of the rights of parties in cases where property which has been set apart under the homestead and exemption laws of this State has heretofore been sold.
The Senate has passed the following bill by a constitutional majority of 34 yeas, 2 nays, to-wit:
A bill to amend the charter of the Bank of \Vashington, Georgia.
Also, a bill to prevent the barter or sale of malt and spirituous liquors within three miles of Union Church, in the county of Richmond. Passed.
Also, a bill to provide for the hiring out of prisoners confined for misdemeanors in the county jail of the county of Randolph.
The Committee on the Judiciary, to whom this bill had been referred, reported the same back to the House, with the recommendation that the same do not pass.
Mr. Tumlin moved to disagree to the committee report, which motion prevailed.
Mr. Tumlin offered the following amendment to the bill, which was adopted, to-wit:
Provz"ded, said Ordinary shall not be allowed to hire said convicts beyond the limits of the county.
Mr. Pierce offered the following amendment to the bill, which was adopted, to-wit:
That the provisions of this bill be made to apply to the county of Calhoun, and the word ''Calhoun" be inserted after the word "Randolph" wherever it occurs in said bill.
The bill as amended then passed.
Also, a bill to define the corporate limits of the city of Griffin, and for other purposes. Passed.
Leave of absence was granted Messrs. Turnbull, Eakes, Culver, Atkinson, Scott, Pitman, Fannin, \Vofford, Moss and Patman.
On motion of Mr. Rankin, the House then adjourned until IO o'clock a. m., on Monday next.

176

JOURXAL OF THE HoUSE

ATLANTA, GEORGIA,

}

January 24, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. vVm. A. Dabney.
The call of the roll was, on motion, dispensed with. The Journal of Saturday last was read and approved. The regular order of business being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, when the following bills were introduced and read the first time, to-wit: By Mr. Bacon, of BibbA bill to define and regulate the mode of trial in certain civil causes in this State, and for other purposes. Also, a bill to incorporate the Macon Gas Light and Water Company. Also, a bill to amend an Act entitled an Act, approved February 26, 1874, to authorize the Road Commissioners of the county of Bibb to use the labor of certain convicts therein named in working the roads of said county, and for other purposes.

By Mr. CraigA bill to amend an Act entitled an Act, approved Janu.ary 19, 1872, to create a County Court in each county in the State, except certain counties therein named, so far as said Act as amended relates to the county of Bibb. Also, a bill to amend an Act entitled an Act to establish a Board of Commissioners for the county of Bibb, approved February 6, 1873. Also, a bill to repeal an Act entitled an Act for the payment of insolvent costs to the Solicitor General of the Macon Circuit, and for other purposes. By Mr. PierceA bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Calhoun, approved February 22, 1873, and for -other purposes.

}AXVARY 24, 1876.

171

Mr. King introduced the following resolution, which was read, to-wit:
A resolution for the relief of T. S. Chester, Thomas Savage and John \Vilkinson, the captors of the murderers of Charles Lang, of the county of Camden.
By Mr. KingA bill to amend an Act entitled an Act to provide for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so far as the same relates to the county of Camden.
By Mr. LangA bill to change the line between the counties of Pierce and Charlton.
By Mr. LawtonA bill to amend an Act entitled an Act to amend the road laws, so far as the working of the roads of the county of Chatham is concerned. Also, a bill to prescribe the manner of granting injunctions in certain cases. Also, a bill to provide for supplemental proceedings against debtors after judgment against them and return of the execution unsatisfied, and for other purposes.
By Mr. ThomasA bill to amend the several Acts providing for the registration of voters in the county of Chatham, approved respectively February 21, r873, and February 28, 1874, and for other purposes.
By Mr. WhittleA bill to repeal an Act entitled an Act to repeal the 1st section of an Act entitled an Act to change the line between the counties of Chattahoochee and Stewart, approved March 2, 1874 Ry Mr. Smith, of DawsonA hill to incorporate the Blue Ridge Mining Company.
J2

178

JouRNAL OF THE HousE

By Mr. McGillA bill to limit the Ordinary of the county of Decatur in fixing the fees of the County Jailor.
By Mr. WinninghamA bill to submit to the legal voters residing within one mile of the Georgia Railroad depot, in the town of Lithonia, in the county of DeKalb, the question of prohibiting the sale of spirituous liquors within said territory.
By Mr. CrymesA bill to prohibit the sale of intoxicating liquors within a certain distance of the town of Carnesville.
By Mr. Calhoun, of Fulton.A bill to further amend an Act entitled an Act to establish a City Court in the city of Atlanta, ~pproved December 15, 1871. By Mr. CobbA bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Gilmer, and for other purposes.
By Mr. WillisA bill to prohibit the sale of spirituous or malt liquors, bitters, etc., within three miles of Penfield, in the county of Greene, and for other purposes.
Also, a bill to regulate the compensation of the Tax Collector and Tax Receiver of the county of Greene.
By Mr. ShellnutA bill to alter and amend the third paragraph of section six of the fifth article of the Constitution of this State.
By Mr. CampA bill to appropriate money to Solomon F. Williams, of the county of Ca~roll.
By Mr. ChristianA bill to amend an Act to incorporate the town of 'Wrightsville, in the co'.lnty of Johnson, and for other purposes.

JANUARY 24, 1876.

1~

By Mr. RevillA bill to fix the compensation of the County Treasurer of the county of Meriwether. Mr. Warren, chairman of the Committee on Finance, submitted the following report, to-wit:

.11-fr. Speaker:

The Committee on Finance have had under their consid-

eration the following bills, which they report back to the

House of Representatives, with the recommendation that

the same do pass, to-wit :

A bill to regulate the pay of jurors of Bartow county.

Also, a bill to amend an Act entitled an Act to abolish

the offices of Tax Collector and Tax Receiver of Murray

county as separate offices, and to make the Sheriff of said

county Tax Collector, and to make the Deputy Sheriff of

said county Tax Receiver, approved February 4, 1875, and

for other purposes.

Also, a bill to repeal an Act entitled an Act to regulate

the sale of spirituous, vinous and malt liquors, in the coun-

ties of Floyd, Dade, Polk, Chattooga, Whitfield, Walker,

Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Murray,

Paulding, and the town of Palmetto, in the county of

Campbell, in the State of Georgia, and for other purposes,

approved February 26, 1875, so far as the same applies to

the county of Bartow and city of Cartersville.

They have also had under their consideration the follow-

ing bills, which they report back with the recommendation

that the same do pass, as amended, to-wit:

A bill for the relief of James K. Strickland of the county

of Heard.

Also, a bill to fix the per diem of grand and petit jurors

in the county of Clinch.

.

Also, a bill for the relief of J. E. Maguire, of Bartow

county.

Also, the following bill, which they recommend do pass

by substitute, to-wit :

A bill to fix the compensation of Tax Collector and

180

JouRNAL oF THE HcusE

Tax Receiver and Treasurer of the county of Wilkinson; to fix the compensation of Commissioner:; of Roads and Revenues of said county, and to provide compensation for their Clerk; to reduce the per diem pay of jurors and bailiffs of said county; to fix the Jailor's fees of said county,

and to provide extra compensation of officers of said county.

They have also had under their consideration the following bills, which they recommend do not pass, to-wit :
A bill for the relief of Burrell J. McNeil, of the county Of Fulton.
Also, a bill to change section 1645 of the Code of Georgia, as revised by Irwin, Lester and Hill, and to re-

duce and fix the salary of the Secretary of the Senate and

the Clerk of the House of Representatives. Also, a bill for the relief of the city of Eufaula, Ala-
bama.

Also, a bill to amend an Act to relieve maimed and in-

digent soldiers, approved March 3, 1875, so as to include those who have been ,disabled mentally and physically by wounds in the head.

By Mr. Wilson-

A bill to provide for the creation of a Board of Commis-

sioners of Roads and Revenues for the county of Oconee,

and for other purposes.

By Mr. Allred-

A bill to consolidate the offices of Tax Receiver and

Tax Collector for the county of Pickens, and for other pur-

poses.

By Mr. Bennett-

A bill to submit the question of prohibiting the sale of

intoxicating liquors within the corporate limits of the town

<>f Blackshear, and within five miles thereof, to the quali-

fied voters of said corporation.



Mr. Tumlin introduced the following resolution, to-wit :

ResohJed, That after the first day of February next, no

}ANCARY 24, I876.

181

new matter shall be introduced by any member of the House, without the consent of a two-thirds vote of the, same.
By Mr. Carter, of ApplingA bill to amend an Act entitled an Act for the relief of maimed and indigent soldiers, approYed March 3, 1875 By Mr. McKinlyA bill to preserve game in the county of Mcintosh, and to prevent unlawful hunting on Sappelo Island. By Mr. Jones, of RabunA bill to amend an Act entitled an Act to establish a Board of Commissioners of Roads and Revenues in the counties of Habersham and LO\vndes, and for other pur poses, approved Decemher I I, I 87 I, and to make said Act and amendments thereto applicable to the county of Rabun. By Mr. \VesselowskyA bill to make valid and binding judgments rendered, and to be rendered against executors, administrators,. guardians and trustees. By Mr. BlackA bill to fix and regulate the compensation of Ordinaries of this State for receiving, filing, recording and making returns of marriages, births and deaths. Also, a bill to require each and every municipal corporation in Georgia to assess and collect annually taxes to pay, at maturity, the interest on their bonds as it falls due, and for other purposes. By Mr. MarshallA bill to regulate the compensation of the Tax Receiver and Tax Collector of the county of Talbot for col-' lecting and receiving the county taxe~, and for other purposes. By Mr. FicklanA bill to authorize the transfer of criminal cases pending in the Superior Court of the county of Taylor, below the grade of felony, to the Criminal Court of said county, and for other purposes.

182

JOURNAL OF THE HOUSE

By Mr. Graham, of TelfairA bill to repeal an Act to authorize the Ordinary of the aounty of Telfair to issue bonds. By Mr. WorthenA bill to relieve from jury duty members of the Washington Rifles, of the county of Washington.

Mr. \Varren introduced the following resolution, to-wit:

Resolved, That his Excellency the Governor is hereby respectfully requested to give to this House, as early as is practicable, all information he has, or can obtain, in regard to the amount and value of property in this State exempt from taxation by the provisions of section 798 of the Revised Code of I 873.

On motion of Mr. \Varren, the rules were suspended, and the resolution was taken up, read the second time and agreed to.

Order of business resumed.
By :Mr. Cassidy-
A bill to provide for the payment to the Treasurer of the county of Effingham the expenses incurred by said county in the subsistence, transportation and guarding of Thomas A. Gipperen, an insane citizen of said county, to the city of Milledgeville.

By Mr. ElkinsA bill to incorporate the Middle Georgia Co-operative Association of the Patrons of Husbandry.

By Mr. Rudisill-



A bill to provide for the admission of colored ~eaf

mutes to the benefits of the Deaf and Dumb Asylum in

this State, and for other purposes.

By Mr. CassidyA bill to regulate the payment of insolvent costs claimed by the county officers of the county of Effingham, and for ether purposes.

}ANUARY 24, 1876.

183

Mr. Fort, chairman of the Committee on New Counties and County Lines, submitted the following report:
Mr. Speaker:
The Committee on New Counties and County Lines have had under consideration the following bills, which they recommend do pass, to-wit :
A bill to change the line between the counties of New ton and Rockdale.
Also, a bill to change the line between the counties of Stewart and vVebster.
The committee have also had under consideration the following bills, which they recommend do not pass, to-wit :
A bill to be entitled an Act to lay out and organize a new county from the counties of Habersham and Franklin, and to provide for the organization of the same.
A bill to be entitled an Act to change the line between the counties of Floyd and Gordon.
A bill to be entitled an Act to change the line between the counties of \Vilcox and Irwin.
Mr. McGill, chairman of the Committee on Internal Improvements, submitted the following report, to-wit:
Mr. Speaker:
The Committee on Internal Improvements have had under consideration a bill entitled an Act to create the office of Road Commissioners in the county of Jones, and report the same back, with the recommendation that it do pass.
The next business in order being the reading of bills the third time, the following bills were read the third time and disposed of, as is hereinafter specified, to-wit:
A bill to fix the per diem pay of grand and petit jurors in the county of Clinch. Amended and passed.
Also, a bill to repeal an Act entitled an Act to regulate the sale of spirituous liquors in certain counties therein named, and in the town of Palmetto, approved February 26,

184

JouRNAL oF THE Hot:sE

1875, so far as the same applies to the county of Bartow and the city of Cartersville. Laid on the table.
Also, a bill to require Tax Receivers to enter on their . digests the first or christian name, in full, of all tax payers. Passed.
Also, a bill for the better remuneration of Justices of the Peace in the county of Oglethorpe. Lost.
Also, a bill to amend an Act entitled an Act for the prevention of cruelty to animals, approved March I, 1875. Amended and passed.
Also, a bill to more effectually provide for the collection of the State tax against emigrant agents. Recommitted to the Committee on Finance.
Also, a bill to amend the 3725th paragraph of the Revised Code of 1873. Laid on the table.
Also, a bill to repeal the 3674th paragraph of the Revised Code of this State. Laid on the table.
Also, a bill to fix the pay of jurors' per diem in the county of Muscogee. Passed.
Also, a bill to change the line between the counties of Newton and Rockdale. Passed.
Also, a bill to change the line between the counties of Floyd and Gordon. Withdrawn.
Also, a bill to fix the compensation of the Tax Collector, Tax Receiver and Treasurer of the county of Wilkinson, and for other purposes. Passed by substitute.
Also, a bill to abolish the offices of County School Commissioner and members of the Board of Education of the county of Fannin, and for other purposes. Passed.
Also, a bill to consolidate the offices of Tax Collector and County Treasurer of the county of Fannin. Passed.
Also, a bill to prohibit the sale of intoxicating liquors. within two miles of Cedar Creek Baptist Church, in the county of Floyd. Amended and passed.
Also, a bill to amend an Act, approved December 14. 1871, to amend and reduce into one the several Acts and

}ANUARY 24, 1876.

185

amendments thereto incorporating the village of Cave Spring, in the county of Floyd. Passed.
Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Dooly, and to define their powers, approved February 22, 1873. Passed.
Also, a bill to fix the compensation of jurors in the County Court of the county of Dooly, and for other purposes. Passed.
Also, a bill for the relief of Burrell J. :\IcNeil, of the
county of Fulton. \Vithdrawn.
Also, a bill for the relief of J. E. l\Iaguire, of the county
of Bartow.
On motion, the House went into Committee of the \Vhole House for the consideration of said bill.
Mr. Rankin, chairman of the Committee of the 'Whole House, reported the bill back to the House, with the recommendation that the same do pass with the amendment proposed by the committee.
The bill then passed as amended.
The following message was received from the Senate,. through Mr. Murphey, the Secretary thereof:
Jlfr. Speaker:
The Senate has passed the following bills, to-wit:
A bill to provide for the returns of administrators, executors, guardians and trustees removed from office by the proceedings of any proper court in this State.
Also, a bill to protect and preserve unimpaired the right of trial by jury.
The Senate has agreed to the following resolution, in which they ask the concurrence of the House of Representatives, to-wit :
A resolution asking information of the Governor in relation the amount of moneys and bonds taken from the treasury by the then acting Treasurer when the State was.

186

JouRNAL OF THE HousE

for the second time put under military rule, and how much of the same has been returned.
Order of business resumed. A bill to authorize the County Commissioners of the county of Coweta to grant orders on the Treasurer of said county to pay grand and petit jurors for services rendered in the year 1875.
The Committee on the Judiciary, to whom the bill had been referred, reported the same back, with the recommendation that the same do pass as amended.
On motion of Mr. Wilcoxon, the amendment proposed by the committee was disagreed to, and the bill then passed.
On motion of Mr. Rankin, the rules were suspended, and the following Senate resolution was taken up and agreed to, to-wit:
A resolution requesting information of the Governor in relation to the amount of moneys and bonds taken from the treasury by the then acting Treasurer when the State for the second time was put under military rule, and how -much of the same has been returned.
On motion of Mr. Terrell, the rules were suspended, .and the following bill was introduced and read the first _time, to-wit :
A bill to create and organize a County Court for the county of Habersham.
Order of business resumed. A bill to amend an Act to relieve maimed and indigent -soldiers, approved March 3, I 87 5. \Vithdrawn. Also, a bill to create a Supervisor of Roads for the county of Columbia. Passed. Also, a bill to change the line between the counties of Calhoun and Randolph. Passed. Also, a bill to amend an Act entitled an Act to prohibit the buying, selling, delivering or receiving of certain farm products therein specified in certain counties therein named,

JANUARY 24, 1876.

187

between the hours of sunset and sunrise, so as to include the county of Butts in the provisions of said Act. Passed.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Brooks and Tattnall. Passed.
On motion of Mr. Fannin, the rules were suspended, and the following message from his Excellency the Governor, was taken up and read, to-wit:

ExEcUTIVE DEPARTl'IIEi\T,

}

Atlanta, Ga., Ja11uary 20, 1876.

To t/ze House of Representatives :

In answer to a resolution of your body, requesting the Governor, ''at his earliest convenience to furnish all the information within his control, as to what perquisites, fees, commissions and compensation (exclusive of annual salaries appropriated by law) are incident to and attached to the offices of Secretary of State, State Treasurer and Comptroller General, the source from whence the same arise, and what amount has been received in each of those offices from those sources, during the last two fiscal years, and what appropriation is made of the same by law," I have the honor to submit the following statement:

The report of the Secretary of State, accompanying this communication, shows that the amount of fees collected in his office, during the last two fiscal years, was $1,04340. The sources from which this amount was collected, are specified in the report. The business of the office is miscellaneous in its character, and the amount of fees received each year is variable.

The Act consolidating the offices of Secretary of State and Surveyor General gives to the former the fees arising from the Surveyor General's division of the office, as a compensation for the extra labor imposed upon him by the Act of consolidation. These fees are inconsiderable-represented by the Secretary of State as not averaging fifty

188

JouR:>;AL OF THE HousE

cents per day since the consolidation. The fees of the Secretary of State, except those last mentioned, are paid into the State Treasury, and appropriated by law as other funds belonging to the State.
By reference to the accompanying report of the Comptroller General it will be seen that the fees, perquisites and commissions of his office are chiefly derived from the supervision of insurance, and from commissions on old taxes collected, which were due one year prior to the official term of the incumbent. The Comptroller General states that these fees, perquisites and commissions being personal, no account of the same is kept by him. He states, however, that the yearly amount so received by him is from $1,800 to $2,000, out of which all the expenses for the clerical assistance necessary to perform the work is paid.
The report of the State Treasurer, presented herewith, shows that, since his appointment to office (December 6, 1875), he has not received perquisites, fees or commissions. of any kind.
The fees which the officers referred to in said resolution are allowed to charge, and which, when collected, are required to be paid into the treasury, are particularly set forth in section 943 of the last Revised Code of this State.
JAMES M. SMITH.
On motion of Mr. Peeples, the rules were suspended, and the following bill was introduced and read the first time, to-wit :
By Mr. Peeples-
A bill to define the duties and fix the liability of Receivers appointed for railroad companies in certain cases, and to create liens in favor of certain creditors, and to provide for the enforcement of such liens, and for other purposes.
On motion of Mr. Speer, the rules were suspended, and

189
t"te following Senate bills were taken up and re.:td the first time, to-wit:
A bill to extend the jurisdiction of the Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace, in the county of Camden.
Also, a bill to punish any person or persons who shall sell, give, lend, or furnish any minor or minors with deadly weapons, and for other purposes.
Also, a bill for the relief of A. B. Kerse and Barnett Kerse, of the county of 'vVorth.
Also, a bill to legalize the election of municipal officers of the town of Cedartown, held on the first Saturday in January, 1876, and for other purposes.
Also, a bill for the relief of R. N. Varnell, and his securities, of the county of 'vVhitfield.
Also, a bill to declare invalid, null and void, certain six per cent. currency bonds of the State of Georgia, issued under an Act, approved February 17, 1854.
Also, abill to consolidate the offices of Tax Collector
and Tax Receiver of the county of Macon, and for other purposes.
Also, a bill to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside of the limits of the town of Eatonton, and for other purposes.
Also, a bill to alter and amend an Act entitled an Act for the prevention of cruelty to animals.
Also, a bill to alter and amend section 86o of the Code of Georgia, and for other purposes.
Also, a bill to incorporate the Brunswick Bank and Trust Company.
Also, a bill to define the time within which proceedings to set aside judgments and decrees of courts must be instituted.
Also, a bill to incorporate the Chestatee Quartz Mining and Sluice Washing Company.

190

JOURNAL OF THE HOUSE

Also, a bill requiring the Receivers of Tax Returns of the counties of Wayne, Appling and Pierce to furnish the tax payers with a certificate, and for other purposes.
Also, a bill to alter and amend section 383 of the Code of 1873.
Also, a bill to regulate the pay of grand and petit jurors in the county of \Vorth, and for other purposes.
Also, a bill to prescribe the mode of taxation upon shares of stock of banks or banking associations organized under authority of this State and the United States, and located in this State.
Also, a bill to define and punish criminal negligence.
Also, a bill to alter and amend an Act to incorporate the Chestatee Fluming and Mining Company, approved December 3, 1866.
Also, a bill to authorize the issue of bonds of the State, wherewith to retire by exchange the recognized bonds of the Macon and Brunswick Railroad endorsed be-the State, as also the bonds of the North and South Railroad having like endorsement, and for other purposes.
Also, a bill to repeal an Act entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners for the counties of Gilmer and Terrell, and for other purposes.
Also, a bill to authorize the Comptroller General to collect, by execution, debts due the State by lessees of the Penitentiary convicts.
Also, a bill to alter and amend section 888 of the Code regulating the levy of taxfi. fas., and the sales thereunder.
Also, a bill to change the line between the counties of Appling and Wayne.
Also, to provide for the adjustment of the rights of parties in cases where property which has been set apart by the Homestead and Exemption laws of this State has heretofore been sold.

JANUARY 25, 1876.

191

On motion, the rules were suspended, and the following bill introduced and read the first time, to-wit :
By Mr. BakerA bill to regulate the legal advertising of the several counties of this State. By the request of the Committee on the Lunatic Asylum, the following members were added to the committee : Messrs. Worthen, Williams, McAfee, Jones of Crawford,. Eakes and Wofford. The Committee was also granted leave of absence for two days to visit the State Asyium, at Milledgeville. On motion of Mr. Calhoun, of Montgomery, Hon. W. T. McArthurs was invited to a seat upon the floor of the House during his stay in the city. On motion of Mr. Shewmake, Dr. Wilden was invited to a seat upon the floor during his stay in the city. On motion of Mr. W esselowsky, Hon. C. W. Styles. was invited to a seat upon the floor of the House during his stay in the city. Leave of absence was granted Messrs. Miller, of Marion, Graham, of Dade, Henderson and Colley. On motion of Mr. Meadows, the House then adjourned until 10 o'clock a. m., to-worrow.

ATLANTA, GEORGIA,

}

Ja?Zuary 25, 1876.

The House met pursuant to adjournment, was called t<>' order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. ~he Journal of yesterday was read and approved. Mr. Allred moved to reconsider so much of the action of the House as relates to the passage of the following bill, to-wit: A bill to al:olish the office of County School Commis-

192

JOUR~AL OF THE HoUSE

sioner and members of the Board of Education of the county of Fannin.
The motion to reconsider prevailed.
On motion of Mr. Allred, the rules were suspended, and the bill was taken up for consideration.
Mr. Allred moved to amend the bill so as to apply the provisions of said Act to the county of Pickens, which amendment was adopted, and the bill as amended was then passed.
Mr. Livingston offered the following resolution, to-wit:
Resolved, That the use of this Hall be tendered the Convention of Crop Reporters this afternoon, to-morrow afternoon, and to-morrow evening.
On motion of Mr. Livingston, the rules were suspended, and the resolution was taken up, read the second time, and agreed to.
Mr. \Varren offered the following resolution, to-wit:
Resolved, That the use of the Hall of the House of Representatives be tendered Hon. Robert Toombs this evening, at 7 o'clock, to deliver an address on the political issues of the day.
On motion of Mr. Warren, the rules were suspended, and the resolution was taken up, read the second time, and agreed to.
Mr. Shewmake, chairman of the Committee on Public Property, submitted the following report, to-wit :
Mr. Speaker: The Committee on Public Property, to whom was referred
a bill to be entitled an Act ceding certain property to the State of Georgia for the purpose of building a State House, -etc., thereon, by the Mayor and General Council of the city of Atlanta, known as the City Hall Square, have had the same under consideration, and recommend that the same do pass, and they recommend the filling of the blank in said bill with five (5) years.

JANUARY 25, 187G.

193

The regular order of business being the reading of bills the third time, the following bills were read the third time .and disposed of as is hereinafter specified, to-wit:
A bill to repeal an Act entitled an Act to create the '"Office of State Geologist, and to provide for a geological and mineralogical and physical survey of the State of Georgia.
On motion of Mr. Turnbull, this bill was made the special order for Saturday next, at I I o'clock a. m.
Also, a bill to regulate the pay of jurors in the county <Of Bartow. Laid on the table.
Also, a bill to fix the salary of the Judge of the County Court of the county of Brooks. Passed.
Also, a bill to require the Judges of the Superior Courts to give specially in charge sections 1402 and 1408 of the Revised Code of I873 Laid on the table.
Also, a bill for the relief of the city of Eufaula, Alabama.
The Committee on Finance, to whom this bill had been referred, reported the same back to the House, with the recommendation that the same do not pass. Whereupon Mr. Harrison moved to disagree with the report of the committee, which motion did not prevail, and the report of the committee was agreed to, and the bill lost.
Also, a bill to amend an Act entitled an Act to amend an Act to incorporate the town of Bowdon, in the county Of Carroll, approved March 19, I869. Passed.
Also, a bill to repeal an Act entitled an Act, approved February 20, 1873, to create a Board of Commissioners for the county of Clay, and for other purposes. Passed.
Also, a bill to regulate the pay of jurors, and to provide for the extra compensation of county officers of the county of Effingham. Passed.
Also, a bill to repeal an Act to appropriate funds to the .State College of Agriculture and Mechanic Arts, and to
13

194

JOURNAL OF THE HoUSE

the North Georgia Agricultural College, ;~.nd for other purposes.
The Committee on Finance, to whom this bill had been referred, reported the same back to the House, with the recommendation that the same do not pass. Whereupon Mr. Meadows moved to disagree with the committee report.
Pending the consideration of said bill Mr. Adams m(;>Ved to have the roll of the House called, which motion prevailed, and the Clerk proceeded with the call, and the following members answered to their names, to-wit-Messrs.

Anderson,

Ficklan,

Potts,

Atkinson,

Fannin,

Parker,

Anthony,

Fain,

Phinazee,

Adams,

Fort,

Patman,

Allred,

Graham, ofTelfair, Peden,

Asbury,

Grimes,

Patton,

Alderman,

of Muscogee, Pitman,

Bacon, of Bibb, Hamilton,

Rudisill,

Bacon, of Liberty,

of Clinch, Rankin,

Binns,

Hamilton,

Ridley,

Brown,

of Floyd, Revill,

Black, Blue, Burns,

Hoge, Holland, Humber,

Shewmake, Shellnut, Sharpe,

Beall,

Hutchenson,

Saunders,

Bowen,

Hutchins,

Stallings,

Carter, of Appling, Harrison,

Smith, of Dawson,

Carter, of Walton, Hammond,

Smith,

Craig, of Bibb, Holcombe, Craig, of White, Irwin,

of Lowndes, Simmons,

Cassidy,

Jamison,

Scott,

Carleton,

Jones, of Burke, Skelton,

of Clarke, Jones, of Rabun, Spinks,

Carleton, of Greene,

Kennedy,

Searcy,

of Bullock, Speer,

jANUARY 25, 1876.

195

Crymes,

Kennedy,

Simpson,

Calhoun,

of Emanuel, Sharman,

of Fulton, King,

Terrell,

Calhoun,

Kilpatrick,

Turnbull,

of Montgomery, Lang,

Turner, of Brooks,

Cobb,

Lawton,

Turner, of Floyd,

Candler,

Lindley,

Thomason,

Clements, oflrwin, Lampkin,

Warren,

Clements,

Leach,

Whittle,

of Whitfield, Livingston,

\Vilson, of Oconee,

Clements,

McKinly,

\Vilson, of Fulton,

of Walker, McGill,

Wilcox,

Chappell,

Mattox,

\Vilcoxon,

Clarke,

:\1 eadows,

\ Vestbrook,

Duggar,

l\'Iiller, of Marion, \Vesselmvsky,

Dyer,

Miller, of \Vare, Wilcher,

Duke,

Marshall,

\Vare,

Davis,

Neal,

\Villis, of Greene,

Eakes,

Norman,

Willis, of Macon,

Elkins,

Pierce,

\Varner,

Fredrick,

Padget,

Walsh,

Furlow,

Peeples,

Those not answering are-Messrs.

Baker,

Graham, of Dade, Smith,~ \Vebster,

Barnwell,

Graham, of Dooly, Sapp,

Battle,

Grimes, of Miller, Sheffield,

Bennett,

Harral!,

Stewart,

Binion,

Hall,

of Rockdale,

Camp,

Henderson,

Stewart, ofSumter,

Culver,

Jones, of Crawford, Thomas,

Christian,

Lane,

Tumlin,

Crawford,

Little,

Tootle,

Colley,

Leverett,

Winningham,

DeLoach,

Matthews,

Wynn,

Duncan,

Maxwell,

\Vimberly,

Duggan,

Moss,

\Vofford,

l~G

JouRNAL OF THE Hocsr:

George, Glisson, Gray,

McAfee, Nelms, Nelson,

Williams, \Vorthen.

Present, 128. Absent, 46.

A quorum was found to be present.

The regular order of business was resumed.

The motion to disagree to the report of the committee did not prevail, and the committee report was agreed to and the bill lost.
Also, a bill to amend an Act entitled an Act to abolish the offices of Tax Collector and Tax Receiver of the county of Murray, as separate offices, and for other purposes. Passed.
Also, a bill to lay out and organize a new county from the counties of Habersham and Franklin. Lost.
Also, a bill to change the line between the counties of Pierce and \Vare. Passed.
Also, a bill to require all officers of the county of Spalding, or the courts thereof, to collect fines and forfeitures in said county, to pay the same into the county treasury, and to provide for disbursements of same. Passed.
Also, a bill to change the line between the counties of Stewart and \Vebster. Passed.
Also, a bill to regulate the pay of grand and petit jurors in the counties of Montgomery and Telfair. Passed.
Also, a bill to change section 1640 of the Code, and to fix the pay of certain officers therein mentioned.
The Committee on Finance to whom this bill had been referred reported same back to the House, with the recommendation that the same do not pass.
On the motion to agree with the report of the committee, Mr. Allred called for the yeas and nays, which call was SU!:>tained.
Mr. \Valsh called for the previous question, which call was sustained, and the Clerk proceeded with the call.

}AWARY 25, 1876.

197

Those voting in the affirmative are-1\Iessrs.

Anderson,

Furlow,

X elms,

Atkinson,

Ficklan,

Pierce,

Adams,

Fannin,

Padget,

Asbury,

Fort,

Peeples,

Alderman,

George,

Potts,

Bacon, of Bibb, Graham, of Dooly, Phinazee,

Bacon, of Liberty, Graham, ofTelfair, Patman,

Brown,

Grimes, of Miller, Rankin,

Black,

Grimes,

Ridley,

Blue,

of Muscogee, Shewmake,

Burns,

Hamilton,

Shellnut,

Beall,

of Clinch, Simmons,

Carter, of Appling, Hoge,

Scott,

Carter, of Walton, Holland,

Speer,

Craig, of Bibb, Hutchenson,

Simpson,

Cassidy,

Harrison,

Terrell,

Carleton, ofClarke, Hammond,

Carleton,

Jones, of Burke,

of Greene, Kennedy,

Calhoun, of Fulton, of Bulloch,

Calhoun,

King,

of Montgomery, Lang,

Candler,

Lawton,

Clements, of Irwin, Lampkin,

Turnbull, Turner, of Brooks, Turner, of Floyd, Thomason, Tumlin, \Varren, vVilson, of Oconee, vVilson, of Fulton,

Chappell, Crawford, Clarke, DeLoach, Duke, Davis, Eakes, Fredrick,

Lane,

\Vilcox,

Livingston,

vVinningham,

McKinly,

Westbrook,

Maxwell,

\Vesselowsky,

McGill,

Wilcher,

1\'Iattox,

\Villis, of Greene,

Miller, of Marion, Willis, of Macon.

Miller, of Ware, \Valsh,

Those voting in the negative are-Messrs.

Anthony, Allred,

Hutchins, Holcombe,

Pitman, Rudisill,

198

JouR~AL OF THE HousE

Binns, Craig, of White, Crymes, Cobb, Clements,
of Whitfield, Clements,
of Walker, Duggar, Dyer, Elkins, Fain, Hamilton,
of Floyd, Humber,

Irwin, Jamison, Jones, of Rabun, Kennedy,
of Emanuel, Kilpatrick, Lindley, Leach, Meadows, Marshall,
~eal,
Norman, Parker, Peden, Patton,

Revill, Sharpe, Saunders, Stallings, Smith, of Dawson, Smith, of Lowndes, Skelton, Spinks, Searcy, Sharman, Whittle, \Vilcoxon, vVare, \Varner.

Yeas, 91. Nays, 4i So the committee report was agreed to, and the bill was lost.

Mr. Bacon, of Bibb, chairman of the Committee on Corporations, submitted the following report, to-wit:

llfr. Speaker: The Committee on Corporations have had under con-
sideration the following bills, which they have directed me to report back to the House, with the recommendation that the same do pass :

A bill to be entitled an Act to incorporate the town of \Vadley, in Jefferson county.
Also, a bill to be entitleq an Act to add a proviso to section 21st of an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, I8i2.
Also, a bill to be entitled an Act to amend the several Acts incorporating the town of Swainsboro, in Emanuel county, and for other purposes.

Also, a bill to be entitled an Act to prohibit the sale of

JANUARY 25, 1876.

199

intoxicating liquors within the incorporate limits of the town of Morgan, in Calhoun county.
The committee have directed me to return the following bill, which they recommend shall be referred to the Committee on the Judiciary, to-wit :
A bill to be entitled an Act to amend an Act to prevent .camp hunting in this State, so as to apply the same to the county of Douglas.
Also, a bill to incorporate the to\vn of \Vadley, in the county of Jefferson. Passed.
Also, a bill to add a proviso to section 21st of an Act to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, 1872. Passed.
Also, a bill to amend the several Acts incorporating the town of Swainsboro, in the county of Emanuel, and for other purposes. Passed.
Also, a bill to create the office of Road Commissioner for the county of Jones. Passed.
Also, a bill to change the line between the counties of \Vilcox and Irwin. Withdrawn.
Also, a bill to make penal the catching of fish in the Allapaha river, Deep creek, Hat creek, and all the branches of said str,eams, with seines, gill nets, etc., or any other device, except hooks and lines. Lost.
Also, a bill for the relief of James K. Strickland, of the county of Heard.
The House went into Committee of the \Vhole House for the consideration of said bill.
Mr. Speer, chairman of the Committee of the Whole, reported the bill back to the House, with the recommendation that the same do pass as amended.
The bill then passed as amended. Also, a bill accepting certain realty tendered by the Mayor and General Council of the city of Atlanta, whereon to erect a State House and public buildings, and for other purposes.

200

JouR~AL OF THE HousE

This bill was referred to the Committee on Public Buildings, who reported the same back, with the recommendation that the same do pass as amended.
The amendment proposed by the committee was adopted. On motion of Mr. Hoge, the bill was recommitted to the Committee on Public Buildings.
Also, a bill to regulate the pay of grand and petit jurors for the county of Dougherty. Passed.
Also, a bill to change the line between the counties of Coffee and \Vare. Passed as amended.
On motion, the rules were suspended, and the following bills were introduced and read the first time, to-wit :
By Mr. Nelms-
A bill to compensate the Ordinaries of this State, and for other purposes.
Also, a bill to repeal and amend the three last lines of section 3d of an Act approved March 3, 1874, to provide for the payment of school officers and teachers for the year 187 r, so far as the same relates to the county of Campbell.
By ~Ir. Burns-
A bill to amend the laws in relation to the jurisdiction of the County Judge of the county of Screven in county matters, and for other purposes.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
fifr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, and recommend the passage of the same, to-wit:
A bill to repeal an Act establishing a County Court for the county of Mitchell.
Also, a bill to create a Board of Commissioners for the county of Greene.

}ANCARY 25, 1876.

201

Also, a bill to repeal an Act entitled an Act to regulate the letting out of contracts by county authorities, so far as relates to the counties of Clarke and Oconee.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of Morgan camp ground, in Calhoun county.
Also, a bill to amend the County Court Act so far as the same relates to the county of Bulloch.
Also, a bill specifying the time when the property of County Treasurers, or those acting as County Treasurers, and their securities, shall be bound upon their officiat bonds, and for other purposes.
Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, to-wit:
A bill to require the Ordinaries, Tax Collectors and County Treasurers of this State to make returns to the grand juries in their respective counties.
Also, a bill to regulate the time for which the Mayor and members of Council of the city of Augusta shall hold office, and for other purposes.
Also, a bill to authorize the Sheriff of Columbia county
to levy and collect tax fi. fas.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to declare the true intent and meaning of section 926 of the Revised Code of 1873.
Also, a bill to prevent the discharge of firearms on the public highways of this State.
On motion of Mr. Fain, Hon. F. Logan was invited to. a seat upon the floor of the House during his stay in the city.
On motion of Mr. Mattox, the same privilege was
extended Hon. J. Glover.
On motion, the House then adjourned until 10 o'clock a. m., to-morrow.

202

JOURNAL OF THE HOUSE

ATLANTA, GEORGIA,

}

January 26, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by the Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispens~d with. The Journal of yesterday was read and approved.
Mr. Speer moved to reconsider so much of the action of the House on yesterday as relates to its action in the passage of the following bill, to-wit:
A bill to require all officers of the county of Spalding, or the courts thereof, to collect fines and forfeitures in said county, to pay the same into the County Treasury, and to provide for the disbursement of the same.
The motion to reconsider prevailed.
On motion of Mr. Speer, the rules were suspended, and the bill was taken up and recommitted to the Committee on the Judiciary.

Mr. Hoge moved to reconsider so much of the action of the House on yesterday as relates to its action on the following bill, to-wit:
A bill to prohibit the catching of fish in the Allapaha. river, Deep creek, Hat creek, and the branches of these streams, with gill nets, traps, or any device except hooks and lines.
The motion to reconsider prevailed.
On motion of Mr. Hoge, the rules were suspended, and the bill taken up and recommitted to the Committee on the Judiciary.
The Speaker submitted a communication from the Convention of Crop Reporters, which was referred to the Committee on Agriculture.
Mr. \Varren, chairman of the Committee on Finance,

JANUARY 26, 1876.

203

reported the following bill back to the House, with the recommendation that the same do pass as amended, to-wit:
A bill to levy a tax for the support of the Government for the year 1876, and to provide for the collection of taxes due the State, and for other purposes therein mentioned.
On motion of Mr. Warren, the rules were suspended, and the bill was taken up for consideration.
On motion, two hundred copies of the bill as amended were ordered printed for the use of the House, and the same made the special order of Tuesday next, at 1 I o'clock a.m.
Mr. Speer introduced the following resolution, to-wit :
Resoll'ed, That until otherwise ordered this House shall meet at 10 o'clock a. m., and adjourn at 1:30 o'clock p. m.; that from I p. m. until the time for adjournment, the bills of the Senate for the first and second reading, .and House bills for a second reading, shall alone be in order.
On motion of Mr. Speer, the rules were suspended, and the resolution was taken up, read a second time and agreed to.
The regular order of business being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, when the following bills were introduced and read the first time, to-wit:
By Mr. Bowen-
A bill to repeal an Act entitled an Act to regulate the manner of giving bonds for county officers, approved February 24, 1873, so far as the same relates to the county of Wilcox.
By Mr. Burns-
A bill to authorize the County Treasurer of the county -of Screven to pay certain orders of the Judge of the Superior Court of said county for the compensation of certain ()fficers for extra services.

204

JouRNAL OF TilE HousE

By :Mr. \Vilson, of OconeeA bill to amend section 43-72 of the Code of 1873, so far as the same relates to the county of Oconee.
By Mr. H utchenson-
A bill to incorporate the town of Crawford, in the county of Oglethorpe, and for other purposes.
By Mr. ThomasonA bill to amend an Act entitled an Act to create a County Court in each county in this State, etc., approved January 19, 1872, so far as relates to the county of Morgan, and for other purposes.
By ::\Ir. \Varner-
A bill to regulate the compensation of the Tax Receiver
and Tax Collector of the county of Meriwether.
By Mr. Willis, of MaconA bill to regulate the pay of jurors in the county of Macon.
By ::\'Ir. LaneA bill to repeal so much of an Act, approved December 14, 1871, entitled an Act to increase the pay of jurors in the counties of Troup, Webster, Stewart, Jasper, and others, as relates to the county of Jasper.
By Mr. DukeA bill to authorize M. B. Elrod to peddle without license. Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court for the county of Jackson.
By Mr. BrownA bill to prohibit the sale of intoxicating liquors or alcoholic bitters, in quantities less than five gallons, within two miles of the Female Seminary in the town of Fort Valley, except in certain cases herein specified.
By Mr. WareA bill to revise the Acts to incorporate the town of Franklin, in the county of Heard.

205
By Mr. TerrellA bill to change the county line between the counties of Habersham and Franklin. Also, a bill to prohibit the sale of intoxicating liquors within one mile of Lulah Church, in the county of Habersham.
By Mr. DyerA bill to repeal an Act to create a Board of Commissioners for the county of Gwinnett, and for other purposes. By Mr. Willis, of GreeneA bill to allow M. M. Landrum to practice medicine and collect fees therefor.
By Mr. Carleton, of GreeneA bill to prevent the killing of partridges and wild turkeys by shooting, trapping, etc., in the county of Greene, and for other purposes.
By Mr. Hoge-
A bill to exempt from jury duty, within the courts of the county of Fulton, certain members of the volunteer military company known as the Fulton Blues, and for other purposes.
Also, a bill to repeal an Act entitled an Act to equitably adjust the claims of the colored race to a portion of the proceeds of the agricultural land scrip, approved March 3, 1874
Also, a bill to repeal an Act entitled an Act to amend the garnishment laws of this State, approved February 20, 1873
Also, a bill to provide for the establishment of State normal schools, and for other purposes.
Also, a bill to amend the road laws of this State so far as the same relate to the county of Fulton.
By Mr. CalhounA bill to provide for the payment of a judgment ren-

206

JouR:-<AL OF THE HousE

dered by the Superior Court of the county of Muscogeeagainst the State of Georgia.
By Mr. EakesA bill to extend the provisions of an Act entitled an Act to prescribe and enact a separate stock law for certain territory therein specified, approved February 26, 1874.
By Mr. WinninghamA bill to alter and fix the pay of the County Treasurer of the county of DeKalb, and for other purposes.
By Mr. McGill-
A bill to relieve plaintiffs in ft. fas., in certain cases, from
the costs of advertising periodical sales. Also, a bill to amend an Act to provide for a Board of
County Commissioners for the county of Decatur, and for other purposes.
By Mr. LampkinA bill to alter and amend the charter of the town of Harlem, in the county of Columbia.
By Mr. LindleyA bill to prohibit the sale of intoxicating drinks within two miles of Sardis Church, in the county of Cobb.
By Mr. IrwinA bill to amend section 2617 of the Code of 1873, relating to the sale of land, lying in this State, by foreign executors and administrators. Also, a bill to constitute the Sheriff of the county ~f Cobb ex-officio Tax Collector of said county, and for other purposes.
By Mr. SaundersA bill to prohibit the sale of intoxicating liquors within three miles in any direction of the town of Bluffton, in the county of Clay.
By Mr. ShellnutA bill to amend section 529 of the Revised Code of Georgia.

}ANUARY 26, 1876.

207"

By Mr. Carleton, of ClarkeA bill to amend an Act to create a County Court ineach county in this State, etc., approved January 19, 1872, so far as the same relates to the county of Clarke, and for other purposes.
Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court of the county of Clarke.
Also, a bill to reorganize the government of the State University, and for other purposes.
By Mr. SharpeA bill to amend an Act fixing the compensation of the Tax Collector and Tax Receiver of the county of Cherokee.
Also, a bill to change the time of holding the Superior Court of the county of Cherokee.
By Mr. \Varren-
A bill to alter and amend section 295 of the Revised Code of 1873
Also, a bill to m~ke penal the harboring, secreting, entertaining, employing or keeping escaped convicts from the chain gangs of this State and the State Penitentiary, and prescribing penalties for the same.
Also, a bill to amend section 283 of the Code of 1873, so as to include actions of tort, and to amend the last . clause of said section so as to make the time of issuing summons and services in such cases the same as in the Superior Courts of this State.
Also, a bill to suppress swindling by three-card monte and other devices.
By Mr. PierceA bill to donate to the county of Calhoun the State ad valorem taxes of said county for the year 1876.
By Mr. AtkinsonA bill to reduce the compensation of Tax Collectorand other officers in the county of Butts, in this State.

:208

JouRNAL OF THE HaesE

By 1\'Ir. Jones, of BurkeA bill to appropriate money for the purchase of arms for the volunteer militia companies of this State, and to authorize the Governor to pay for the same, and for other purposes. Also, a bill to appropriate money to meet the extraordi-nary expenses incurred by certain counties of this State, and the citizens thereof, in quelling disturbances of the peace in said counties during the year 1873 By Mr. McAfee-
A bill to amend section r 844 of the Code, relative to the issuing of executions by Ordinaries against guardians in this State.
By Mr. Bacon, of Bibb-
A bill to exempt from road duty the officers and mem hers of the Liberty Independent Troop of Cavalry, in the county of Liberty.
Mr. Bacon presented a memorial from the Building and Loan Associations of the State, which was referred to the Committee on Finance.
By Mr. Ficklan-
A bill to alter and amend an Act entitled an Act to in1:orporate the town of Butler, in the county of Taylor, approved August 27, 1872, and for other purposes.
By Mr. vVarren-
A bill to make compounding certain larcenies below the grade of felonies penal, and to prescribe the penalty therefor.
By Mr. Simpson-
A bill to prohibit hunting and fishing on the lands of another in the county of Terrell.
By Mr. BeallA bill to authorize the Ordinary of ~tewart county to l1ire convicts, and for other purposes.

jANUARY 26, I8i6.

209

By Mr. Black-
A bill to authorize the Governor of the State to issue bonds wherewith to realize by exchange the bonds pur<:hased and now held by William F. Herring and Branch, Sons & Co., and Thomas Branch & Co., together with interest thereon, and for other purposes.
Mr. Jones, chairman of the Committee on Agriculture, submitted the following report:
llfr. Speaker: The Committee on Agriculture have had under consid-
eration the following bills, which they recommend do pass, to-wit:
A bill to exempt from taxation the cotton and corn and other produce of the preceding year, in the hands of the producer on the 1st of April, and held for sale by him.
They have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to repeal an Act to establish a Department of Agriculture for the State of Georgia.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof:
.liir. Speaker: The Senate has passed the following bills, to-wit:
A bill to relieve the officers and agents of the Georgia Railroad and Banking Company in certain cases therein specified.
Also, a bill to amend section 2279 of the Code of Georgia, as to renting real estate.
Also, a bill to make all true bills found by the grand juries of Calhoun county below a felony returnable to the County Court of said county.
Also, a bill to define in what court awards provided to be entered on minutes of the Superior Court, under section 4242, of the Code of 1873, shall be:entered.
'4

210

JouRNAL oF THE HousE

Also, a bill to regulate the pay of grand, petit and County Court jurors for the county of Laurens.

Also, a bill to make minors parties to proceedings in the-

courts of this State. Also, a bill to amend the charter of the city of Dawson~.

in the county of Terrell.

Also, a bill to incorporate the Harper Sewing Machine Company of Atlanta, Georgia.

The Senate has passed the following bill by a constitu-

tional majority of 19 yeas to 9 nays, to-wit:

A bill to amend the Constitution of the State.

The regular order of business being the reading of bills;

the third time, the following bills were read the third time,_

and disposed of as hereinafter specified, to-wit :

A bill to repeal an Act establishing a County Court for

the county of Mitchell, in this State, and amendmentsthereto, and to abolish the same. Passed.

Also, a bill to create a Board of Commissioners for

Greene county. Passed. Also, a bill to exempt from taxation cotton, corn, and

other products of the preceding year, in the hands of the producer on the first of April, and held for sale by him.

This bill having been reported back to the House by the

Committee on Agriculture, with the recommendation that

the same do pass, Mr. W esselowsky proposed the following amendment, to-wit: That so much be exempted only as

is necessary for family support and home consumption. The amendment was not adopted.
Mr. Shellnut called for the previous question, which call

was sustained. The report of the Committee was agreed to. On the passage of the bill, Mr. Leverett called for the

yeas and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Atkinson, Adams, .

George,

Padget,

Grimes, of Miller, Potts,

jANUARY 26, I 876.

211

Alderman,

Hamilton,

Parker,

Bacon, of Bibb,

of Clinch, Phinazee,

Black,

Hamilton,

Patman,

Blue,

of Floyd, Peden,

Burns,

Humber,

Patton,

Beall,

H utchenson,

Pitman,

Craig, of Bibb, Hammond,

Rudisill,

Craig, of \Vhite, Holcombe,

Rankin,

Camp,

Jones, of Burke, Sharpe,

Cassidy,

Kennedy,

Saunders,

Carleton,ofGreene,

of Bulloch, Smith, of Dawson,

Crymes,

King,

Smith, of Webster,

Calhoun,

Kilpatrick,

Skelton,

of Montgomery, Lang,

Stewart, of Sumter,

Candler,

Lampkin,

Searcy,

Chappell,

Leach,

Terrell,

Crawford,

Livingston,

Turner, of Floyd,

Clarke,

McKinly,

Thomason,

DeLoach,

Mathews,

Whittle,

Duggar,

Maxwell,

\Vilson, of Oconee,

Duke,

McGill,

\Y ilcoxon,

Elkins,

Mattox,

Wilcher,

Fredrick,

Meadows,

\Vare,

Furlow,

Miller, of :\!arion, Willis, of Greene,

Ficklan,

Marshall,

Warren,

Fannin,

Neal,

Wofford.

Fain,

Pierce,

Those voting in the negative arc-Messrs.

Anderson,

Eakes,

Shewmake,

Anthony,

Fort,

Shellnut,

Allred,

Glisson,

Stallings,

Asbury,

Gray,

Smith, ofLowndes,

Baker,

Graham, of Dooly, Sheffield,

Bacon, of Liberty, Graham, of Telfai{,Simmons,

Binns,

Grimes,

Scott,

Brown,

of Muscogee, Spinks,

212

JOURNAL OF THE HoUSE

Battle, Bennett, Bowen,

Hoge, Holland, Hutchins,

Stewart, of Rockdale,
Simpson,

Carter, of Appling, Harrison,

Sharman,

Carter, of Walton, Hall,

Calhoun,ofFulton, Irwin,

Cobb,

Jamison,

Turnbull, Tumlin, \Varren,

Clements, of Irwin, Kennedy,

Wilson, of Fulton,

Clements,

of Emanuel, vVilcox,

of Whitfield, Lindley,

Winningham,

Clements,

Lane,

of \Valker, Leverett,

\Vestbrook, \V esselowsky,

Christian, Duncan,

Miller, of Ware, Willis, of Macon,

Peeples,

\Villiams,

Duggan,

Ridley,

Walsh,

Dyer,

Revill,

\Vorthen.

Davis, Yeas, 83. Nays, 6g.

So the bill passed.

Mr. Bacon, of Bibb, chairman of the Committee on Corporations, submitted the following report, to-wit:

.Mr. Speaker : The Committee on Corporations have had under consid-

eration the bill to be entitled an Act to incorporate the Harper Sewing Machine Company, of Atlanta, Ga., and

for other purposes, which they have directed me to report

back to the House with a substitute, which they recommend do pass in lieu of said original bill.
On motion, the rules were suspended, and the following

bills were introduced and read the first time, to-wit:

By Mr. GrimesA bill to prescribe the mode and terms of sale of the property of the North & South Railroad Company of

Georgia.
By Mr. Candler-
A bill to authorize and require the guardian of J. E.

Adkins to settle with him.

JANUARY 26, 1876.

213

The regular order of business \vas resumed.
A bill to repeal an Act to establish a Department of Agriculture for the State of Georgia.
The Committee on Agriculture, to whom this bill had been referred, reported the same back to the House, with the recommendation that it do not pass.
Mr. Crymes moved to disagree with the report of the committee.
On the motion to disagree with the report of the committ.ee, Mr. Turnbull called for the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Anderson, Anthony,

Eakes, Fain,

Revill, Sharpe,

Allred,

Holland,

Baker,

Holcombe,

Bacon, of Liberty, Jamison,

Blue,

Kennedy,

Bowen,

of Bulloch,

Craig, of White, Lindley,

Crymes,

Leach,

Calhoun,

Mathews,

of Montgomery, Meadows,

Clements, oflrwin, Padget,

Clements,

Parker,

of \Valker, Peden,

Duggar,

Rudisill,

Dyer,

Stallings, Spinks, Sharman, Terrell, Turnbull, Turner, of Floyd, Tumlin, \Vhittle, \Vilcoxon, Winningham, \Vilcher, Willis, of Macon, Wofford.

Those voting in the negative are-Messrs.

Atkinson, Adams, Asbury,

Fort, George, Glisson,

Potts, Phinazee, Patton,

Alderman, Bacon, of Bibb, Binns,

Gray,

Pitman,

Graham, of Dooly, Rankin,

Grimes, of Miller, Shewmake,

214

JouRNAL OF THE HousE

Brown,

Grimes,

Shellnut,

Black,

of Muscogee, Saunders,

Battle,

Hamilton,

Smith,

Bennett,

of Clinch,

of Dawson,

Burns,

Hoge,

Smith,

Beall,

Humber,

of Lowndes,

Carter, ofAppling, Hutchenson,

Smith, ofWebster,

Carter, of \Valton, Hutchins,

Sheffield,

Craig, of Bibb, Harrison,

Simmons,

Camp,

Hammond,

Scott,

Cassidy,

Hall,

Skelton,

Carleton,

Irwin,

Stewart,

of Clarke, Jones, of Burke,

of Rockdale,

Carleton,

Kennedy,

Stewart, of Sumter,

of Greene,

of Emanuel, Searcy,

Calhoun,

King,

Simpson,

of Fulton, Kilpatrick,

Thomas,

Cobb,

Lang,

\Varren,

Clements,

Lampkin,

Wilson,

of Whitfield, Lane,

of Fulton,

Christian,

Livingston,

Wilson,

Chappell,

Leverett,

of Oconee,

Crawford,

McKinly,

Wilcox,

Clarke,

Maxwell,

\V estbrook,

DeLoach,

McGill,

\Vesselowsky,

Duncan,

Mattox,

\Vare,

Duggan,

Miller, ofl\Iarion, Willis, of Greene,

Davis,

Miller, of \Varc, Warner,

Elkins,

Marshall,

Williams,

Fredrick,

Neal,

Walsh,

Ficklan,

Pierce,

\Vorthen.

Fannin,

Yeas, 42. Nays, 104.

So the motion to disagree with the committee report did not prevail, and the bill was lost.

JANUARY 2J, I8J6.

215

Leave of absence was granted to Messrs. Jones, of Rabun, Fort, Lawton and Norman.
On motion of Mr. Shewmake, the House then adjourned until 10 o'clock a. m., to-morrow.

ATLANTA, GEORGIA,

}

Ja11uary 27, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with.
The Journal of yesterday was read and approved. The Speaker presented a communication from the Convention of Crop Reporters, which was read and referred to the Committee on Agriculture.
Leave of absence was granted Messrs. Beall, Elkins, Cobb, Dyer and Ficklan.
Mr. Speer, chairman pro tcm. of the Committee on the Judiciary, submitted the following report, to-wit:

.Mr. Speaker:
The Committee on the Judiciary have had under consideration the following bills, and recommend the passage of the same, to-wit:
A bill to prevent the killing of game in the county of Morgan.
Also, a bill to amend an Act creating a County Court for the county of Marion.
Also, a bill to repeal an Act to provide for the payment -of insolvent costs to the county officers of the county of Spalding, approved August 29, 1872.
Also, a bill to regulate and fix the compensation of jurors for the county of Whitfield.
Also, a bill to provide for a County Board of Commis-

216

J ouR:'\AL oF THE HocsE

sioners for the county of Tattnall, and to define the powers and duties thereof.
Also, a bill to amend an Act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller, so far as the same relates to the county of Miller.
Also, a bill to regulate the sale of intoxicating liquors in the county of Miller.
Also, the following bills, which they recommend do pass as amended, to-wit :
A bill to prohibit the sale of intoxicating liquors within three miles of any church, school-house or academy in Carsonville District, in the county of Taylor.
Also, a bill to establish a Board of Commissioners for the county of Talbot.
Also, the following bill, for which they herewith submit a substitute, and recommend the passage of the same, towit:
A bill to fix the jurisdiction of the County Court of Jackson county, and to amend the Act approved January 19, 1872, entitled an Act to create a County Court in each county in this State, except certain counties therein named,. so far as it relates to the county of Jackson.
Also, the following bills, which they return back to the House without any recommendation made thereon, to-wit:_
A bill to repeal an Act creating a Board of Commissioners of Roads and Revenue for the county of Jackson.
Also, a bill to repeal the 2d section of an Act assented to December 21, 1820, to alter and amend an Act entitled an Act to incorporate Augusta, and improve the public roads thereof, and to limit the powers of the Council of said city, and for other purposes.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to amend an Act entitled an Act to create a County Court in each county of the State of Georgia, except certain counties therein named, approved January 19,

JA~\UARY 27, I8J6.

217

1872, so far as the same applies to the county of Clarke,. and increase its jurisdiction.
Also, a bill to repeal certain sections of an Act entitledan Act to amend the Act incorporating the town of J efferson, in the county of Jackson.
Also, a bill to repeal an Act entitled an Act to create a State Board of Health for the State of Georgia.
Also, a bill to amend section 415 I of the Code of Georgia of 1873.
Also, a bill to regulate the issuing of attachments when. both plaintiff and defendant are non-residents.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof:
Jlfr. Speaker:
The Senate has passed the following bills, to-wit: A bill to amend the charter of the town of Louisville, in the county of Jefferson. Also, a bill to amend an Act to prevent the destruction of insectiverous birds in the counties of Richmond, Dougherty and Randolph, and for other purposes.
On motion of Mr. Baker, the following bill was taken from the table for consideration, to-wit:
A bill to repeal an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Bartow and other counties therein named, and the town of Palmetto, in the county of Campbell, and for other purposes, approved February 26, r875, so far as the same applies to the county of Bartow and city of Cartersville.
Mr. Neal offered a substitute for the bill.
Mr. Neal moved to refer the bill and substitute to the Committee on the Judiciary, which motion prevailed.
On motion of Mr. Mattox, Mr. John P. Shannon, of the county of Elbert, was invited to a seat upon the floor of the House during his stay in the city.

'218

} OURNAL OF THE HOUSE

The regular order of business being the reading of bills the third time, the following bills were read the third time .and disposed of as hereinafter specified, to-wit :
A bill to repeal an Act entitled an Act to create a State Board of Health, and for other purposes, approved February 25, I875
On motion of Mr. Turnbull, the bill was made the special order for Wednesday next, at II o'clock a. m.
Also, a bill to amend an Act entitled an Act to organize .a County Court for the county of Marion, and for other purposes. Passed.
Also, a bill to repeal certain sections of an Act entitled
.an Act to amend the Act incorporating the town of Jeffer-
son, in the county of Jackson, and for other purposes. Lost.
Also, a bill to fix the jurisdiction of the County Court of the county of Jackson, and for other purposes. Passed by substitute.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Jackson, and for other purposes. Withdrawn.
On motion of Mr. Nelms, Col. Jesse A. Glenn, of the county of \Vhitfield, was invited to a seat upon the floor during his stay in the city.
The hour of I I o'clock having arrived, and the following bills being set down for this time as the special order of the day, the House proceeded to the consideration of the same, to-wit:
A bill to submit to the people of this State the question of calling a Convention to form a Constitution of government, and to provide for the election of delegates to the same, and for other purposes.
Also, a bill to authorize and require the Governor of the State of Georgia to call a Convention of the people thereof to revise the State Constitution.

jANUARY 2J, 1876.

219

The special committee to whom these bills had been referred reported the same back, with the recommendation that the same do pass by substitute.
The following minority report was submitted and read :
The undersigned, members of the committee of one from each Congressional District, to propose and report a bill as to the expediency of holding a Constitutional Convention, beg leave to make the following minority report:
That the holding of said Constitutional Convention at this time is unwise, inexpedient, and must of necessity result in untold injury to our State and people, and we therefore recommend that the bill authorizing the holding of the same do not pass.
\VILLIAM HARRISo~. of Quitman. T. M. FuRLOW, of Sumter.
The House went into the Committee of the Whole for the consideration of said bill.
Mr. Speer, chairman of the Committee of the vVhole, reported the bill back to the House without recommendation.
On motion of Mr. Hardeman, the time for the discussion of the bill was extended until to-morrow, at 5 o'clock p.m.
Mr. Livingston offered the following amendment to the bill: Strike, in the fifth line, the words ''second Tuesday in December, 1876," and substitute "first Tuesday in December, 1876," and strike, in the sixth line, "second Tues<lay in April, 1876," and substitute "second Monday in December, 1876."
The hour of I o'clock p. m. having arrived, and the rules of the House requiring the reading of Senate bills the first and second time, and House bills the second time after this hour, Mr. Hoge moved to suspend the rules during the consideration of the bill pending, which motion prevailed, and the business before the House was resumed.
Pending the consideration of the bill, the Honse adj.ourned until 10 o'clock a. m., to-morrow.

220

JouRxAL OF THE HocsE

ATLANTA, GEORGIA,

}

January' 28, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Crymes.
The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved.

Leave of absence was granted lVIessrs. Searcy, Carter, of \Valton, Peeple.<;, George, Carter, of Appling, Bennett, and Hamilton, of Clinch.

The House proceeded with the consideration of the following bill, as the unfinished business of yesterday, to-wit :
A bill to provide for the holding of a Convention of the people of Georgia for the purpose of revising the Constitution of said State.

After some time spent in the discussion of said bill, Mr. Bacon, of Bibb, offered the following amendment thereto. to-wit:
Amend the 1st section by striking out "1876" whereveF the same occurs in said section, and inserting "1877" in lieu thereof.
Pending the consideration of said bill, Mr. LivingstoLl moved that when the House adjourn, it adjourn to meet at 3 ~ oclock p. m. this day, for the further consideration of said bill, which motion prevailed.

The hour of adjournment having arrived, the Speaker declared the House adjoutned until 3~ o'clock p. m.

The House re-assembled

3 ~ o'CLOCK P. III.

The call of the roll was, on motion, dispensed with.

The House resumed the consideration of the following bill as the unfinished business of the morning session :

A bill to provide for the holding of a Convention of the people of Georgia for the purpose of revising the Consti~

tution of said State.

JANUARY 29, 1876.

221

Pending the consideration of the bill before the House, the hour of closing the debate having arrived, Mr. Hoge occupying the floor, a motion was made to extend the time, pending the consideration of which the House, on motion, adjourned until 10 o'clock a. m. to-morrow.

ATLANTA, GEORGIA,

l

Ja1111a1J'. 29, 1876. j

The House met pursuant to adjournment, was called to order by the Speaker, pro tem.. , and opened with prayer

by Rev. John Jones, the Chaplain. The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved.

The House resumed the consideration of the following bill as the unfinished business of yesterday, to-wit:

A bill to provide for the holding of a Convention of the people of Georgia for the purpose of revising the Consti-

tution of said State.

Leave was granted Mr. Bacon, of Bibb, to withdraw

the amendment offered by himself to the bill.

Leave was granted Mr. Livingston to withdraw the

amendment offered by himself to the bill.

Mr. Lawton offered the following amendment to the bill, to-wit:

Amend by striking in the 1st section the words ''second

Tuesday in March, 1876," and insert in lieu thereof the

words "first Wednesday in January 1877;" also, strike out the words "second Tuesday in April, 1876," and insert in lieu thereof the words "first Wednesday in March, 1877 ;" also, to further amend by striking out the sth section entirely.

Mr. Speer offered the additional amendment to the bill by adding to the title thereof, ''and to appropriate money for the same."

} OURNAL OF THE HOUSE

Mr. \Villiams called for the previous question, which call was sustained.
On the adoption of the amendments proposed by Mr. Lawton, Mr. Graham, of Dade, called for the yeas and nays, which call was not sustained.
The first amendment proposed by Mr. Lawton was then adopted.
The second amendment proposed by Mr. Lawton was then adopted.
The amendment proposed by Mr. Speer was then adopted.
The report of the Committee as amended was then agreed to.
On the passage of the bill as amended Mr. Graham, of Dade, called for the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Atkinson,

Ficklan,

Nelms,

Anthony,

Fannin,

Pierce,

Allred,

Fain,

Potts,

Asbury,

Glisson,

Parker,

Baker,

Gray,

Peden,

Bacon, of Bibb, Graham, of Dooly, Patton,

Binns,

Graham,ofTelfair, Pitman,

Brown,

Grimes, ofMiller, Rudisill,

Black,

Grimes,

Ridley,

Battle,

of Muscogee, Revill,

Bennett,

Hamilton,

Swewmake,

Binion,

of Floyd, Shellnut,

Bowen,

Holland,

Stallinf:;S,

Carter, of Appling, Humber,

Smith, of Dawson,

Carter, of Walton, Hutchenson,

Smith, of Webster,

Craig, of Bibb, Hutchins,

Sheffield,

Craig, of White, Harrison,

Scott,

Camp,

Hall,

Spinks,

Cassidy,

Holcombe,

Stewart,

Carleton, of Clarke, Irwin,

of Rockdale,

JANUARY 2g, 1876.

22~

Carleton,

Jamison,

Stewart, ofSumter,

of Greene, Jones, of Burke, Speer,

Calhoun,

Kennedy,

Simpson,

of Montgomery,

of Bulloch, Terrell,

Cobb,

Kennedy,

Turnbull,

Candler,

of Emanuel, Turner, of Brooks,.

Culver,

Kilpatrick,

Turner, of Floyd,

Clements, of Irwin, Lawton,

Thomas,

Clements,

Lindley,

Thomason,

of Whitfield, Lampkin,

Warren,

Clements,

Leach,

Whittle,

of Walker, Livingston,

Wilson, ofOconee,

Christian,

McKinly,

\Vilcox,

Chappell,

l\Iathews,

Winningham,

Crawforcl,

Maxwell,

\Vilcher,

Clarke,

McGill,

\Vare,

Colley,

Mattox,

\Vynn,

DeLoach,

McAfee,

\Viiiis, of Greene,

Duncan,

Meadows,

\Villis, of Macon,

Duggan,

Miller, of Marion, Warner,

Davis,

Marshall,

Walsh,

Eakes,

Neal,

Worthen.

Those voting in the negative are-Messrs.

Anderson,

Graham, of Dade, Miller, of Ware,

Adams, Alderman, Bacon,ofLiberty, Barnwell,

Hamilton, of Clinch,
Hoge, Hammond,

Padget, Phinazee, Smith,
of Lowndes,

Blue, Crymes, Calhoun,

Jones,

Sapp,

of Crawford, Sharman,

King,

Wilson, of Fulton,

of Fulton, Lang,

Wesselowsky,

Duggar,

Little,

Wofford.

Fredrick,

Moss,

Yeas, 117. Nays, 27.

So the bill as amended was passed.

224

JouRNAL oF THE HousE

Leave of absence was granted Messrs. Miller, of Ware, Calhoun, of Montgomery, Camp, vVestbrook, Skelton, Simmons, Burns, Graham, of Dooly, Lampkin, Saunders, and Battle, of Jefferson.
Leave of absence for two days was granted to Mr. Jones, the Messenger of the House.
Mr. Adams moved that this House do now adjourn until 10 o'clock on Monday morning next.
Mr. Allred called for the yeas and nays on the motion to adjourn, which call was not sustained.
The motion to adjourn then prevailed, and the House .adjourned until Monday next, at 10 o'clock a. m.

ATLANTA, GEORGIA,

I

January 31, 1876. f

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. Mr. Eakes.
The call of the roll was, on motion, dispensed with.
The Journal of Saturday last was read and approved.

Mr. Graham, of Dade, moved to reconsider so much of the action of the House as relates to its action on the passage of the following bill, to-wit:

A bill to provide for the holding of a Convention of the people of Georgia for the purpose of revising the Constitution of said State.
Mr. Walsh called for the previous question, which call was sustained.
On the motion to reconsider the action of the House on the bill, Mr. Livingston called for the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

JANUARY JI, 1876.

225,

Those voting in the affirmative are-Messrs.

Anderson,

Fredrick,

Padget,

Anthony,

Fain,

Potts,

Adams,

Glisson,

Phinazee,

Allred,

Graham, of Dade, Rankin,

Baker,

Hoge,

RiJLy,

Bacon, of Liberty, Holland,

Smith, of Dawson,

Brown,

Jamison,

Smith, of Lowndes,

Blue,

Jones,

Sapp,

Craig, of White,

of Crawford, Spinks,

Cassidy,

Kennedy,

Stewart,

Crymes,

of Emanuel,

of Rockdale,

Calhoun,ofFulton, Lindley,

\Vilson,

Chappell,

Livingston,

of Oconee,

DeLoach,

Mathews,

\Vilson, of Fulton,

Duncan,

Moss,

Winningham,

Duggar,

Meadows,

\Vesselowsky,

Duggan,

Nelms,

Williams.

Those voting in the negative are-Messrs.

Atkinson,

Hamilton,

Asbury,

of Floyd,

Alderman,

Humber,

Bacon, of Bibb, H utchenson,

Barnwell,

Hutchins,

Binns,

Harrison,

Black,

Hammond,

Binion,

Hall,

Bowen,

Henderson,

Craig, of Bibb, Holcombe,

Carleton,

Jones, of Burke,

of Greene, Kennedy,

Culver,

of Bulloch,

Clements, oflrwin, King,

Clements,

Kilpatrick,

of \Vhitfield, Lang,

I)

Patton, Pitman, Rudisill, Revill, Shewmake, Stallings, Smith, of \Vebster, Sheffield, Scott, Stewart, of Sumter, Simpson, Terrell, Turnbull, Turner, of Brooks, Turner, of Floyd, Thomas,

22G

JouRxAL oF THE Hot:sE

Clements, of Walker,
Christian, Crawford, Clarke, Colley, Dyer,

Lawton, Little, McKinly, Maxwell, McGill, Mattox, McAfee,

Thomason, Tootle, Warren, Whittle, Wilcox, Wilcher, Ware,

Davis,

Miller, of Marion, Wynn,

Eakes,

:Marshall,

Willis, of Greene,.

Fannin,

Neal,

Willis, of Macon,

Graham, ofTelfair, Pierce,

Warner,

Grimes, of Miller, Patman,

Grimes,

Peden,

Walsh, \Vorthen.

of Muscogee,

Yeas, 47 Nays, 82.

So the motion to reconsider did not prevail.

l'vir. Rankin offered the following resolution, to-wit:

Resolved, That this General Assembly call the attention of our Representatives in Congress to the outrages on the persons and property of the people of North Georgia by officials of the Revenue Department of the Federal Government, and ask them to take such action as will give relief to the people and protect their lives and property from destruction.

On motion of Mr. Rankin, the rules were suspended, and the resolution was taken up, read the second time, and agreed to.

Mr. Allred offered the following resolution, to-wit :

Resolzcd, That after to-day the House meet at 9:30 o'clock a. m., and adjourn at I o'clock p. m., and meet again at 3 o'clock p. m., and adjourn at 5 o'clock p. m.

Mr. Turnbull offered an amendment to the resolution, which was accepted, and the resolution was then lost.

The regular order of t usiness being the call of th(coun-

jANUARY 3I, 1876.
ties for the introduction of new matter, the Clerk proceeded with the call, when the following bills were introduced and read the first time, to-wit:
By Mr. McKinlyA bill providing for the arrest of vagrants by constables. as a duty of office. Also, a bill to prescribe an oath for special bailiffs in the Superior Courts. By Mr_ Baker-
A bill to amend and add to an Act incorporating the city of Cartersville.
Also, a bill to repeal an Act entitled an Act to repeal an Act to regulate the commissions t() be allowed the Treasurer of the county of Bartow.
Also, a bill to repeal an Act authorizing Justices of the Peace, in their discretion, to award costs against the accused or prosecutor by the I I th section of an Act of I 8 I I_
By Mr. Bacon, of BibbA bill to prescribe and limit the compensation of Tax Receiver and Tax Collector of the county of Bibb for receiving and collecting the county tax of said county, and for other purposes. Also, a bill to fix the manner in which judgments of foreclosure may be taken upon mortgages given to Building and Loan Associations. By Mr. HardemanA bill to submit to the legal voters of _Rutland District, in the county of Bibb, the question of prohibiting the sale: of spirituous, vinous or malt liquors in said district, and for other purposes.
By Mr. PierceA bill to authorize Dr. R. T. Kcrndrick, of the county of Calhoun, to sue and collect all legal debts for his medical services and medicine.

228

JOUR:\.\L OF THE HOL'SE

By Mr. Lawton-
A bill to alter and amend an Act entitled an Act to designate the holidays to be observed in the acceptance .and payment of bills of exchange, bank checks and promissory notes, approved February 23, 1875.
Also, a bill to incorporate the Provident Saving and Loan Association of Savannah.
l\lr. Lawton presented a memorial from certain persons representing Mutual Loan and Building Associations in various parts of the State, which was referred to the Committee on Finance.
Mr. Lawton introduced the followin6 resolution, to-wit:
Rcsobed, That his Excellency the Governor be authorized and requested to appoint a board of officers, in number, from the volunteer military organizations of this State, to take into consideration that part of the Code which relates to "the volunteers," and to report to the General Assembly, at their next session, either a revision thereof or a substitute therefor; said board to serve without expense to the State.
The resolution was referred to the Committee on M ilitary affairs.
By Mr. ThomasA bill to alter, amend and consolidate the various road laws applicable to the county of Chatham, and for other purposes. By Mr. LindleyA bill to amend an Act incorporating the town of Smyrna, in the county of Cobb, approved August 23, 1872. By l\Ir. IrwinA bill to incorporate the Citizens I _oan and Trust Company, of Marietta.
By Mr. Stallings-A bill to authorize either party litigant in any court of

}A~lJARY 31, 1876.

229'

record in the county of Coweta, to take the deposition of any witness or witnesses in said case, whether resident in said county or not.
By 1\Ir. WinninghamA bill to prohibit the sale of intoxicating liquors within the limits of Cross Keys District, in the county of DeKalb.
By Mr. SheffieldA bill to amend an Act entitled an Act to incorporate the town of Blakeley, in the county of Early, and for other purposes.
By Mr. DuggarA bill to remove obstructions from Toccoa river, in the county of Fannin, and for other purposes.
By Mr. SheffieldA bill to create a Board of Commissioners of Roads and Revenues for the county of Early, and for other purposes.
By Mr. Turner, of Floyd-
A bill to amend an Act entitled an Act to regulate the sale of intoxicating liquors in certain counties therein named, and the town of Palmetto, approved February 26, 1875, so far as the same appplies to the county of Floyd and the city of Rome.
Also, a bill to authorize the Mayor and Council of Rome to settle the bonded debt of the city, and provide for the payment of the same.
By Mr. CrymesA bill to amend an Act entitled an Act to incorporate the town of Carnesville, in the county of Franklin, and for other purposes.
By Mr. Calhoun, of FultonA bill to amend the law of limitations in this State, and for other purposes. Also, a bill to appropriate money to David Clearge. Also, a bill to authorize the ordinary of the county of Fulton, to issue bonds for the purpose of raising money to build a court house.

230

JOURNAL OF THE HoUSE

By Mr. TerrellA bill to repeal all laws creating a Board of Commissioners of Roads and Revenues for the county of Habersham.
By Mr. HollandA bill to provide compensation for the members of the Board of Education of the county of Hart, and for other purposes.
By Mr. WareA bill to incorporate the Franklin Male and Female Academy of the county of Heard. Mr. McAfee presented a petition for the relief of A. 0. Paul, which was referred to the Committee on Finance.
By Mr. WynnA bill to repeal an Act to prohibit the retail of intoxicating liquors within the incorporation of the town of Hampton, in the county of Henry, approved March 6, I8J5 By Mr. Fredrick-
A bill to prohibit the sale of intoxicating liquors within three miles of Oak Grove Church, in the county of Macon.
Also, a bill to regulate the notice to be given in cases of applications for new public roads, and for other purposes.
Also, a bill to amend an Act to create a County Court in each county in this State, approved January 19, I8J2, so far as the same relates to the county of Macon.
By Mr. Miller, of Marion-
A bill to change the time of the meeting of the General Assembly of this State.
Also, a bill to amend the 898th paragraph of the Revised Code of Georgia.
Also, a bill for the relief of B. H. Hinton and Thomas B. Lumpkin, of the county of Marion.
By Mr. BarnwellA bill to legalize the appointments of the Trustees of .

jANUARY 3 I, 1876.

231

the First Presbyterian Church of the city of Darien, and for other purposes.
By Mr. Revill-
A bill to change, reduce and fix the annual salaries of the Governor of the State, and other officers of the State therein mentioned.
By Mr. WilliamsA bill to prescribe the mode of selling personal property subject to a mortgage lien, in cases where the mortgage ts not foreclosed. Also, a bill in relation to garnishments. Also, a bill to authorize the Governor to draw his warrant on the treasury for a sum sufficient to pay the claim of Messrs. Ragland & Wynne, proprietors of the Columbus Enquirer newspaper, for advertising during I 870 and 187 r.
By Mr. \Vilson, of Oconee-
A bill to prohibit the sale of intoxicating liquors in the 223d and 225th Districts, in the county of Oconee, and for other purposes.
By Mr. HutchensonA bill to amend an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in certain counties therein named, and in the town of Palmetto, in the county of Campbell, approved February 26th, 1875
By Mr. AllredA bill to amend an Act to loan the credit of the State to the Marietta, Canton & Ellijay Railroad, and for other purposes, approved October 24th, 1874.
By Mr. BennettA bill to repeal an Act to create a Board of Commissioners of Roads and Revenue for the county of Pierce.
By Mr. PedenA bill to change the time of holding the Superior Court in the counties of Pike and Rockdale, and for other purposes.

232

Jot.::R:-IAL oF THE Hot.::sE

By Mr. HutchinsA bill to increase the revenue of this State, and to. encourage wool growing.
By Mr. BlackA bill to repeal the Act of October 18th, 1870, amending the Act of incorporation of the First Presbyterian Church of Augusta, and for other purposes. Also, a bill to provide the proper facilities for exhibits by the State, and the people of this State, at the coming Centennial Exposition at the city of Philadelphia, and to appropriate a sum of money therefor, and for other purposes. Also, a bill to abolish the City Court of Augusta, and for other purposes. Also, a bill to authorize foreign executors to sell property pursuant to the terms of the \vill, and for other purposes.
By Mr. WalshA bill to provide for the registration of bonds in this State, and for other purposes. By Mr. MarshallA bill to protect Ordinaries of this State in estates when administration is vested in the Clerk of the Superior Court. By Mr. Graham, of TelfairA bill to prohibit the sale of intoxicating liquors within two miles of the town of Jacksonville, in the county of Telfair. By Mr. HammondA bill to prohibit the killing of certain wild game therein named, during certain seasons, in the counties of Lowndes and Thomas. By Mr. FanninA bill to encourage the propagation of fish in the waters of the State of Georgia, and for other purposes. Also, a bill to incorporate the Georgia State Horticultural Society, and for other purposes.

}A:o<t.:ARY 31, 1876.

233

By Mr. CobbA bill to change the Northern terminus of the Ivlarietta & North Georgia Railroad, and for other purposes. By Mr. Clements, of \ValkerA bill to allow A. H: McEwen, of the county of \Vhitfield, to practice medicine without license, and to collect fees for the same. Also, a bill to incorporate the Nortlmestern Railroad Company, and for other purposes. By Mr. HallA bill to amend the charter of the town of \Varrenton, in the county of \Varren. Also, a bill to prohibit the sale of intoxicating liquors \\ithin three miles of Camak Church, in the county of Warren, and for other purposes. Also, a bill to prohibit the sale and use of spirituous, malt or other intoxicating liquors within the incorporation of the town of Warrenton, and for other purposes.
By Mr. \VorthenA bill to amend an Act entitled an Act to incorporate the town of Tennille, in the county of Washington, and for other purposes. By Mr. Clements, of WhitfieldA bill to define the duties and liabilities of overseers and commissioners of public roads, and for other purposes. By Mr. BowenA bill to consolidate the offices of Tax Collector and County Treasurer of the county of \Nilcox, and for other purposes. By Mr. Craig, of WhiteA bill to consolidate the offices of Sheriff and Tax Collector and Clerk of the Superior Court and Tax Receiver of the county of White, and for other purposes. By Mr. Bacon, of BibbA bill to amend section 3554 of the Code, and for other purposes.

234

JOURNAL OF THE HOUSE

By Mr. Black-
A bill to amend the charter of the Commercial Bank of Augusta, so as to allow a reduction of its capital, and for other purposes.
By Mr. Peden:-
A bill to amend an Act entitled an Act, approved February 2oth, 1854, to incorporate the town of Barnesville, in the county of Pike, and for other purposes.
The following message was received from the Senate, through Mr. Murphey, the Secretary :
Mr. Speaker:
The Senate has passed the following bills, to-wit: A bill to amend the homestead laws of this State. Also, a bill to change the time for holding the Court of Ordinary in the county of Terrell. Also, a bill to amend an Act to organize a Board of County Commissioners for the county of Twiggs, approved March 2, 1875 Also, a bill to exempt from road duty certain persons in this State. Also, a bill to prohibit the sale of intoxicating liquors within three miles of Holly Springs Baptist Church, in Elbert County. Also, a bill to authorize the Court of Ordinary of Troup county to have and take jurisdiction of the execution of .the will of Joseph L. Banning, deceased, and for other purposes. Also, a bill to incorporate the Lamar Mining Company. Also, a bill to amend the limitation laws of this State, relating to liens upon property set apart under homestead and exemption laws. Also, a bill to amend an Act to create a County Court in each county in this State, approved January 19, 1872, so far as the same relates to the county of Screven. Also, a bill to compensate Clerk of the Superior Court and Sheriff of Liberty County.

}ANL"ARY 31, 1876.

235

Also, a bill to repeal an Act to fix the official bonds of certain county officers of the counties of Monroe, Camden, Houston and Ware, so far as relates to Camden.
Also, a bill to create a Board of County Commissioners for the county of Stewart.
Also, a bill to grant to R. C. 1\litchell & Co. certain privileges in making an abstract of the records of deeds and mortgages in the county of Fulton.
Also, a bill to amend the laws of this State as to contracts of insurance, and to define the liability of fire and life insurance companies to persons insured.
Also, a bill to amend an Act to provide for the payment of criminal costs in the Northern Judicial Circuit.
Also, a bill to prescribe the fees of the County Treasurer of the county of Twiggs, and for other purposes.
Also, a bill to prevent, by traps or otherwise, obstructions to the free passage of fish between the 1st day of February and the 1st day of "May in each year, in the counties of Calhoun and Baker.
Also, a bill to authorize and allow Peterson Thweatt, former Comptroller General, to have the legality and rightfulness of his claim against the State determined by the courts of the State.
Also, a bill to exempt from taxation by county and municipal authority certain professions, so long as the same are taxed by the State.
The Senate has passed the following bill of the House of Representatives, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to amend the charter of the Rising Fawn Iron Company.
The Senate has concurred in a resolution of the House of Representatives authorizing the Governor to sell a lot in the city of Atlanta, now the property of the State, and known as the Foster Blodgett lot.

236

JocRNAL oF THE HocsE

Mr. \Varren, chairman of the Committee on Finance. submitted the following report, to-wit :
Mr. Speaker:
The Committee on Finance have had under consideration the following bills, to-wit :
A bill entitled an Act to compensate Claiborne Snead and \Villiam \V. Montgomery for services rendered the State in the cases of certain National banks, to recover their State tax, in the United States Circuit Court for the Southern Di,;trict of Gec.rgia, which they recommend do pass, with amendments.
Al,;o, a bill entitled an Act for the relief of David Dyer, Thomas Hollis and Lester Markham, of Morgan county, which they recommend do pass.
On motion of 1\ir. Turnbull, the rules were suspended, and the following resolution, introduced by himself," was taken up for consideration, to-wit:
A resolution providing for the appointment of a joint special committee to take into consideration the advisability and propriety of selling the Western & Atlantic Railroad, the property of the State.
Mr. Livingston offered the following amendment to the resolution, to-wit:
That said committee be further instructed to report the propriety of connecting the Western & Atlantic Railroad,. the property of the State, with the Macon & Brunswick Railroad, also the property of the State.
The amendment was adopted, and the resolution as amended was agreed to.
The Speaker appointed as the committee on the part of the House Messrs. Turnbull, Irwin, Hammond, Stallings. 'and Livingston.
On motion of Mr. Turnbull, the resolution, with the action of the House thereon, was ordered transmitted tothe Senate.

jANCARY 3 I, 1876.

237

Mr. \Valsh introduced the following resolution, which was agreed to, to-wit:
Resolved, That from and after to-day the House hold an afternoon session, from 3 p. m. to 5 p. m., for the purpose of reading House and Senat~ bills a first and second time.
On motion of :Nir. Turnbull, the rules were suspended, and the following bill taken up and made the special order of Thursday next, at I I o'clock a. m., to-wit:
A bill to abolish the State Geological Bureau, and for other purposes.
The next business in order being the reading of bills the third time, the following bills were read the third time and disposed of as is hereinafter specified, to-wit:
A bill to amend paragraph 3725 of the Revised Code of Georgia. Lost.
Also, a bill to repeal an Act entitled an Act to regulate the letting out of contracts by county authorities, etc., so far as relates to the counties of Clarke and Oconee. Passed.
Also, a bill to require the Orninaries, Tax Collectors and County Treasurers of the several counties of this State, to mJ.ke returns to the grand juries in their respective counties as herein provided. Passed by sub.:>titute.
Also, a bill to compensate Claiborne Snead and William \V. Montgomery for services rendered the State.
The House went into Committee of the \Vhole for the consideration of the bill.
Mr. Candler, chairman of the Committee of the \Vhole, reported the bill back to the House, with the recommendation that it do pass as amended.
The amendment proposed by the Committee was adopted, and the bill as amended passed.
Also, a bill to allow the Sheriff of the county of Colum-
bia, to levy and collect tax .ft. fas. Passed by substitute.

238

JouR:-<AL oF THE HocsE

Also, a bill to declare the true intent and meaning of section 926 of the Revised Code of 1873. Lost.
Also, a bill to repeal the 3674th paragraph of the Revised Code of 1873. Lost.
Also, a bill to amend section 279 of the Code of 1873. Passed.
Also, a bill to prohibit the sale of intoxicating liquors within one mile of Morgan Camp Ground, in the county of Calhoun. Passed.
Also, a bill to regulate the time for which the Mayor and members of Council of the city of Augusta, shaH hold office, and for other purposes. Passed by substitute.
Also, a bill to amend section 4151 of the Revised Code of 1873. Lost.
Also, a bill to repeal an Act to provide for the payment of insolvent costs to the county officers of the county of Spalding, approved August 29, 1872. Passed.
Also, a bill to prevent the killing of game in the county of Morgan, and for other purposes. Passed.
Also, a bill specifying the time when the property of County Treasurers, or those acting as County Treasurers, and their securities, shall be bound upon their official bonds, and for other purposes. Passed.
Also, a bill to prevent and make penal the reckless discharge of firearms on the public highways in this State. Lost.
Also, a bill to amend an Act entitled an Act to create a County Court iu each county in this State, except certain counties therein named, etc., approved January 19, r872, so far as the same applies to the county of Clarke, and for other purposes. Lost.
Also, a bill to incorporate the Harper Sewing Machine Company of Atlanta, Georgia. Passed by substitute.
Also, a bill to regulate the issuing of attachments when both plaintiffs and defendants are non-residents. With-drawn.

JANUARY 31, 1876.

23~

Also, a bill to establish a Board of Commissioners for the county of Talbot, and for other purposes. Amended and passed.
Also, a bill to prohibit the sale of intoxicating liquors. within three miles of any church, school house or academy within the limits of Carsonville District, in the county of Taylor. Amended and passed.
Also, a bill to regulate and fix the compensation of grand and traverse jurors for Whitfield county. Passed.
Also, a bill to regulate the sale of intoxicating liquors in the county of Miller. Passed.
Also, a bill to repeal the 2d section of an Act entitled an Act to alter and amend an Act entitled an Act to incorporate the city of Augusta and improve the public roads thereof, and to limit the powers of the Council of said city,. assented to December 2 I, r820, and for other purposes. Withdrawn.
Also, a bill to provide for a County Board of Commissioners for the county of Tattnall, and for other purposes. Passed.
Also, a bill for the relief of Thos. Hollis, Daniel Dyer and Lester Markham, of the county of Morgan. Amended and passed.
Also, a bill to amend an Act entitled an Act to organize a County Court in each of the counties of Calhoun, Baker,. Quitman and Miller, and to define their jurisdiction, and for :other purposes, approved March 2, 1874, so far as the same relates to the county of Miller. Passed.
Also, a bill to change the line between the counties of Appling and Wayne. Passed.
Also, a bill to consolidate the offices of Sheriff and Tax Collector, also the offices of Clerk of the Superior Court and Tax Receiver for the county of Baker. Passed.
Also, a bill to reduce the Sheriff's bond of the county of Baker. Passed by substitute.
Also, a bill to prohibit the sale of intoxicating liquors.

240

JouRNAL OF THE HocsE

within the incorporate limits of the town of Morgan, in the county of Calhoun. Passed.
Also, a bill to amend an Act entitled an Act to alter and amend an Act entitled an Act to incorporate the Union & Lumpkin Turnpike Company, and for other purposes. Laid on the table.
Also, a bill to change section I645 of the Revised Code of I873, and to reduce the salary of the Secretary of the Senate and the Clerk of the House of Representatives.
The Committee on Finance, to whom this bill had been referred, reported the same back, with the recommendation that the same do not pass.
After some time spent in the discussion of the bill, Mr. Miller, of Marion, called for the previous question, which call was sustained.
Mr. Revill called for the yeas and nays on the motion to agree to the committee report, which call was not sustained.
The report of the committee was then agreed to, and the bill lost.
Leave of absence was granted Messrs. Leverett, Furlow, Grimes, of Miller, vVilcoxon, Harrison, and Clements, of Irwin.
On motion of Mr. Shewmake, the House then adjourned until IO o'clock a. m., to-morrow.

ATLA:-.iTA, GEORGIA,

1

rebntarj I, I 876. J

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. Mr. \Valsh moved to reconsider so much of the action of

FEBRUARY I, 1876.

241

the House as relates to its action on the following bill, to-wit:
A bill to regulate the time for which the :Mayor and members of Council of the city of Augusta shall hold office, and for other purposes.
On motion of Mr. \Valsh, the rules were suspended and the bill taken up, and the following amendment thereto agreed to, to-wit:
SEc. 3 Be it further enacted, That the Mayor shall have the revision of all Ordinances appropriating moneys, other than for the ordinary current expenses. Every such Ordinance shall be presented to the Mayor, and before it shall take effect be approved by him ; or, being disappro\'ed, shall be re-passed by a vote of t\Yo-thirds of the members of Council.
The bill as amended then passed.
On motion of Mr. Allred, the rules were suspended, and the following resolution introduced by himself was read, to-wit:
A resolution providing for the appointment of a special committee of five to confer with his Excellency the Governor, and to ascertain the facts of the reported outrages on the persons and property of citizens of North Georgia, by officials of the Federal Government, and to ascertain upon what authority criminals who have violated the laws of Georgia, and are charged with these offenses, and who have been committed to jail for trial by due process of iaw, are released without judgment or order of a competent tribunal of the State.
On motion of Mr. Allred, the resolution was taken up, read a second time and agreed to.
The Speaker appointed the following committee under said resolution : Messrs. Allred, McGill, Smith, of DawS)n, Hoge, and Fain.
16

JOURNAL OF THE HOUSE

On motion of Mr. Duggan, the rules were suspended, and the following resolution introduced by himself was read, to-wit:
Resolved; That the commissions now allowed County Treasurers in this State are more than adequate for said officers; that the Finance Committee be instructed to prepare a general bill making such reductions in said offices as the duties thereof will allow.

The resolution was, on motion, taken up, read the second time and agreed to.
Mr. Jones, chairman of the Committee on Agriculture, submitted the following report, to-wit:
.Mr. Speaker: The Committee on Agriculture have had under consid-
eration the following bills, and direct me to return the same, with a substitute for both, which they recommend do pass, to-wit:
A bill to be entitled an Act to provide for the registration of dogs, and other purposes therein named.
Also, a bill to be entitled an Act to require the Ordinaries of this State to furnish collars for dogs in their cou nties, and for other purposes, and recommend the following substitute, to-wit:
A bill to be entitled an Act to license the keeping of dogs in this State, and for the 'protection of sheep raising, and for other purposes.

t

Mr. Shewmake, chairman of the Committee on Public

Property, submitted the following report, towit:

.llfr. Speaker: The Committee on Public Property, to whom was re-
committed the bill tendering to the State of Georgia certain property, by the City Council of Atlanta, therein named, for the purpose of erecting a State House and other public buildings thereon, have again considered the same, and recommend that the same do pass; and that ten years be



FEBRUARY I, I8J6.

243~

the time agreed to in said bill, instead of five years, as first reported by your committee.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit :
.JY!r. Speaker:
The Committee on the Judiciary have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to abolish the County Court of Decatur county. Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December I 3, I 87 I, so far as the same relates to the county of Berrien. Also, a bill to amend an Act entitled an Act to form a Board of Commissioners of Roads and Revenue for the county of Appling.
Also, the following bill, which they recommend do pass as amended, to-\vit :
A bill to regulate am! define the pay of jurors in the county of Chattahoochee.
Also, the following bills, for which they offer substitutes, and recommend the passage of the same, to-\vit :
A bill to amend section 408 3 of the Code of Georgia. Also, a bill to require all officers of the county of Spalding or the Courts thereof, who collect fines and forfeitures in said county, to pay the same into the county treasury, and to provide for the disbursement of the same. Also, the following bill, which they report back to the House, without recommendation, to-wit: A bill to establish a State House of Reform, and to provide that certain persons shall be committed thereto, and for other purposes.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to repeal an Act entitled an Act to confer ci' il


244

Jmnu>.\L OF THE Hoes

and criminal jurisdiction for the county of Pierce, on the
Mayor of the corporation of Blackshear, approved March
s. 1875
Also, a bill to better secure the payment of fines and
costs jn the county of Glascock. Also, a bill to provide for a revision of the jury box of
Jackson county, and for the manner of selecting jurors.
Also, a bill to prevent and punish cheating and swindling, in the giving of mortgages, and for other purposes.

The order of business being the reading of House bills the third time, the following bills were read the third time, and disposed of as hereinafter specified, to-wit:
A bill to provide for the registration of dogs, and other purposes therein mentioned.
Also a bill to require the Ordinaries of this State to furnish collars for dogs in their respective counties, and for other purposes.

The Committee on Agriculture, to \\hom these bills had been referred, reported the same back to the House, with the recommendation that they do pass by substitute.

Several amendments \Yere offered to the substitute, which

were not adopted, and the report of the Committee was

then agreed to.

On the passage of the bill reported by the Committee,

Mr. Duggar called for the yeas and nays, which call was

sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Atkinson,

Holland,

Phinazee,

Anthony,

Humber,

Pitman,

Adams,

Hutchins.

Rankin,

Asbury,

Harrall,

Revill,

Alderman,

I Iammond,

Shewmake,

Bacon, of Bibb, Hall,

Shellnut,

Binns,

Henderson,

Stallings,

Brown,

Irwin,

Smith, of Lowndes,

Black,

Jones, of Burke, Sheffield,

Craig, of Bibb, Jones, of Crawford, Simmons,

FEnRCARY I, 1876.

245

Cassioy,

Kennedy,

Carleton,

of Bulloch,

of Greene, Kennedy,

Calhoun, of Fulton, of Emanuel,

Christian,

King,

Chappell,

Kilpatrick,

Crawford,

La\vton,

Clarke,

I.indley,

Colley,

Little,

DeLoach,

Livingston,

Duncan,

::\IcKinly,

Duggan,

:Maxwell,

Dyer,

McGill,

Davis,

l\Iattox,

Scott, Spinks, Stewart, of Sumter, Speer, Sharman, Turner, of Brooks, Turner, of Floyd, Thomas, Tootle, \Varren, Whittle, \Vilson, of Oconee, \Vilcox, \ Vilcoxon,

Fredrick,

::\foss,

Fannin,

McAfee,

Glisson,

:Marshall,

Graham, ofTelfair, Neal,

Hamilton, of Floyd, Nelms,

Hoge,

Padget,

\Vare, \Villis, of Greene, \Varner, \Villiams, \V alsh, \Vorthen.

Those voting in the negative arc-Messrs.

Allred,

Fain,

Patman,

Baker,

Graham, of Dade, Peden,

Bacon, of Liberty, Grimes,

Patton,

Barnwell, Blue, Binion, Bowen, Crymes, Candler, Culver, Clements,
of \Valker, Duggar, Duke,

of l\Iuscogee, Rudisill,

Hutchenson,

Smith, of Dawson,

Holcombe,

Sapp,

Lang,

Stewart,

Mathews,

of Rockdale,

:\Ieadows,

Terrell,

Miller, of Marion, Turnbull,

Pierce,

Wilcher,

Peeples,

\Villis, of Macon,

Potts,

\Vofford.

Yeas, 87. Nays, 39 So the bill was passed.



:246

JOURI\:AL OF THE HousE

On motion of Mr. Jones, of Burke, the bill, with the action of the House thereon, was ordered transmitted at .once to the Senate.
On motion of Mr. Black, two hundred copies of the following bill were ordered printed for the use of the House, to-wit :
A bill to establish a State House of Reform, and for .other purposes.
Mr. Livingston, chairman of the special committee to prepare and report a revision of the road laws, introduced .the following bill, which was read the first time, to-wit:
By Mr. LivingstonA bill to create a Board of Commissioners for Roads 111 the several counties, and to prescribe their duties, and for other purposes. On motion of Mr. I\clms, two hundred copies of the bill were ordered printed for the use of the House. The hour of I I o"clock having arrived, the following bill was taken up for consideration as the special order of the day, to-wit:
A bill to levy a tax for the support of the Government for the year 1876, and to provide for the collection of taxes due the State, and for other purposes.
The House went into Committee of the \\'hole for the consideration of said bill.
Mr. Speer, chairman of the Committee of the \Vholc, reported the bill back to the House with a report of progress, and asked leave to sit again to-morrow morning, at 10 o'clock.
Leave of absence was granted Messrs. Thomason and Bowen.
On motion, the House then adjourned until 3 o'clock p. m., this afternoon.

FEBRUARY I, 1876.

247

The House re-assembled.

3 o'cL-:>CK P. M.

The call of the roll was, on motion, dispensed with.

The order of business being the reading of Senate bills the second time, the following Senate bills were read the

second time and referred to the Committee on the Judiciary, to-wit :

A bill to punish any person or persons who shall sell, give, lend or furnish any minor or minors with deadly weapons, and for other purposes.

Also, a bill to extend the jurisdiction of the Justices of the Peace, and Notaries Public \vho are Justices' of the Peace, and Notories Public who are ex-officio Justices of the Peace in the county of Camden, and for other purposes.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Macon, and to provide a salary for the same.

Also, a bill for the relief of A. B. Kerse and Barnett Kerse, of \Vorth county.

Also, a bill to provide for the adjustment of the rights of parties in cases where property which has been set apart under the homestead and exemption laws of this State has heretofore been sold.

Also, a bill to alter and amend section 888 of the Code.

Also, a bill to alter and amend section 860 of the Code of Georgia.

Also, a bill to require the Tax Receivers of the counties of Appling, wayne and Pierce to furnish tax payers with a certificate, and for other purposes.
Also, a bill to alter and amend section 383 of the Code

of 1873. Also, a bill to define the time within which proceedings
to set aside judgments and decrees of courts must be insti-

tuted. Also, a bill to define and punish criminal negligence.

248

JOURNAL OF THE H01..:SE

The following Senate bill was read the second time and referred to the Committee on the Penitentiary, to-wit :
A bill to authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts.
The following Senate bills m.:re read the second time and referred to the Committee on Corporations, to-wit:
A bill to alter and amend an Act to incorporate the Chestatee Fluming and :\lining Company, and for other purposes, approved December 3, 1866.
Also, a bill to incorporate the Chestatee Quartz Mining and Sluice \Vashing Company.
Also, a bill to legalize the election of municipal officers of the town of Cedarto\\"n, held on the first Saturday in January, 1876, to adopt a new charter for said town, and fix the boundaries of the same.
The following Senate bills were read the second time and referred to the Committee on Finance, to-wit:
A bill to regulate the pay of grand and petit jurors in the county of \ Vorth, and for other purposes.
Also, a bill to authorize the issue of bonds of the State wherewith to retire, by exchange, the recognized bonds of the Macon & Brunswick Railroad endorsed by the State, as also the bonds of the North & South Railroad, and for the purpose of paying the interest now due and falling due thereon, and for other purposes.
Also, a bill for the relief of R. N. Varnell, and his securities, of Whitfield county.
Also, a bill to declare invalid, null and void, certain six per cent. currency bonds of the State of Georgia, issued under an Act approved February 17, 1854
The following Senate bills were read the second time and ordered to be engrossed, to-wit:
A bill to repeal an Act entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenue

FEBRUARY I, 1876.

249'

for the county of Gilmer, and a Board of Commissioners of Roads for the county of .Terrell, approved February 15, 1873, so far as the same relates to the county of Gilmer.
Also, a bill to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside the corporate limits of the town of Eatonton, except under the authority granted for the same, and for other purposes.
The following Senate bill was read the second time and referred to the Committee on Agriculture, to-wit:
A bill to alter and amend an Act for the prevention of cruelty to animals.
The following Senate bill was read the second time and referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the line between the counties of Appling and \Vayne, and for other purposes.
The following Senate bills were read the second time and referred to the Committee on Banks, to-wit:
A bill to prescribe the mode of taxation upon shares or stock of banks or banking associations, organized under the authority of this State or of the United States, and located within this State.
Also, a bill to incorporate the Brunswick Bank & Trust Company.
The next business in order being the reading of House bills the second time, the following bills were read a second time and referred to the Committee on Finance, to-wit:
A bill for the relief of Thos. \V. Davis, late Tax Collector of the county of Bryan.
Also, a bill to prescribe the mode and terms of sale of the North & South Railroad Company of Georgia.
Also, a bill to fix the salary of the County Treasurer of the county of Campbell, and for other purposes.

250

] OURNAL OF THE Hot:SE

Also, a bill to regulate the pay of grand and traverse jurors and bailiffs in attendance upon the Superior Court of the county of Calhoun, except riding bailiffs.
Also, a bill for the relief of Catherine Williams, of the county of Chatham, and for other purposes.
Also, a bill to exempt from taxation, by county and municipal authority, certain professions, so long as the same are taxed by the State.
Also, a bill for the relief of ]. Boorman ]ohnston & Co., and for other purposes.
Also, a bill for the relief of ] ohn Caldwell, deceased.
Also, a bill to prescribe the mode that owners of railroad and other stocks in all incorporated and joint stock companies in this State shall render such stocks for taxation, and pay the taxes on the same.
Also, a bill for the relief of William C. Peek, of the county of Fulton, and for other purposes.
Also, a bill providing for the purchase of books for the county of Oconee.
Also, a bill to render certain the compensation of the County ] udge of the county of Richmond, and for other purposes.
Also, a bill to fix the compensation of the Tax Collector, Tax Receiver, County Treasurer, and the per diem pay of jurors, in the county of washington, and for other purposes.
Also, a bill for the relief of David Burkofzcr. Also, a bill to allow Simeon 'Wheatley, of the county of \Vilkes, to peddle without license. Also, a bill to exempt from taxation all persons who have lost an arm or leg. Also, a bill to revive an Act, approved December I 2, 1871, and for other purposes. Also, a bill providing per diem pay for the jurors of the Criminal Court of the county of Vvebster.

FEBRUARY I, 1876.

251

Also, a bill for the relief of H. G. Gibson, late Tax Collector of the county of Monroe, and for other purposes.
Also, a bill to regulate the pay of grand and petit jurors in the county of Miller.
Also, a bill to provide for a State currency, and for other purposes.
The following House bills were read the second time, and ordered to be engrossed, to-wit :
A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, approved February 20, 1873, so far as the same relates to the county of Echols.
Also, a bill to amend an Act to prevent the firing of guns and pistols in the village of Vineville, in the county of Bibb, approved February 27, 1875
Also, a bill to authorize the Ordinary of Hall county to sell and convey the pauper farm in said county.
Also, a bill to fix the cost per day of feeding prisoners confined in the jail of the county of Monroe.
Also, a bill to amend an Act creating a Board of Commissioners of Roads, Public Buildings, Public Property and Finance, for the county of Monroe, and for other purposes, approved August 27, 1872.
Also, a bill to declare the Yellow river, in Newton and Rockdale counties, a lawful fence, and for other purposes.
Also, a bill to change the line between the counties of Newton and Jasper.
Also, a bill to provide for a Board of Commissioners of Roads and Revenues for the county of Douglas.
Also, a bill to ratify and confirm the sale of Gilmer street, in the town of Perry.
The following House bills were read the second time, and referred to the Committee on Agriculture, to-wit :
A bill for the protection of the farmers of the county of Charlton.

252

JOUR:\AL OF THE HOUSE

Also, a bill to regulate the sale of Agricultural products. in the county of Hancock.
Also, a bill to create a Board of Contracts in the county of Liberty, and for other purposes.
Also, a bill to amend the fence laws of this State, and' for other purposes.
Also, a bill to authorize the Governor to procure standard weights and measures, and distribute the same.
Also, a bill to amend an Act to prohibit the buying, selling, delivering or receiving of certain farm products therein named, between the hours of sunset and sunrise, approved August 23, r872, and to apply the provisions of the Act to the county of \Yalton.
Also, a bill to declare the purchase of farm products from laborers who are indebted to their employers for supplies, without said employers permission, a misdemeanor, and providing punishment for same.
Also, a bill to amend an Act, approved February 27, I8i4. entitled an Act to prohibit hunting on the lands of another, and to extend the provisions of said Act to the county of \Vayne.
Also, a bill to prevent fishing in the waters of Worth County with seines, traps, gill nets, or otherwise, except as herein provided.
Also, a bill to regulate the traffic in seed cotton, and for other purposes.
The following House bill was read the second time, and referred to the Committee on Privileges and Elections, to-wit:
A bill to authorize the voters of the town of Dahlonega to hold an election for an Intendant and Board of Town Commissioners.
The following House bills were read the second time and referred to the Committee on New Counties and County Lines, to-wit :
A bill to change the line between the counties of Jonesand Baldwin.

FEBRUARY I, I876.

253

Also, a bill to change the line between the counties of Laurens and Johnson.
Also, a bill to change the line between the counties of Telfair and Greene.
The following bills were read the second time and referred to the Committee on Education, to-wit:
A bill to amend the School Laws of this State, so far as the same relates to the county of Liberty.
Also, a bill to provide that County Treasurers, Tax Collectors, School Commissioners and other officers of this State holding trust funds, shall take an additional oath of office, and for other purposes.
The following House bills were read the second time and referred to the Committee on Corporations, to-wit:
A bill to repeal an Act incorporating the town of Jonesbora, in the county of Clayton, and for other purposes.
Also, a bill to change the line defining the corporate limits of the city of Newnan, in the county of Coweta.
Also, a bill to amend an Act entitled an Act, approved December 27, I838, to incorporate the city of Albany.
Also, a bill to amend the charter of the city of Americus, and for other purposes.
Also, a bill to enlarge the corporate privileges heretofore granted to the Baptist Society, in the city of Augusta, and to ratify and confirm the sale of certain real estate by the trustees thereof, and for other purposes.
Also, a bill to alter and amend an Act to incorporate the town of \Vaycross, in the county of Ware, and to provide for the election of Intendent and Commissioners therefor, and to define their duties and powers, and for other purposes, approved March 3, I874
The following House bills were read the second time and referred to the Committee on the Judiciary, to-wit:
A bill to amend section I 646 of the Code of Georgia, and to regulate the fees of Solicitors General.

254

JovRXAL oF THE HousE

Also, a bill to consolidate the office of County Treasurer of the county of Cobb with the office of Clerk of the Superior Court of said county; to prescribe the duties of said Clerk as County Treasurer ; to fix his fees therefor, and for other purposes.
Also, a bill to amend section 4127 of the Code of 1873, relating to jury fees, and for other purposes.
Also, a bill to prevent and punish fceticide or criminal abortion in the State.
Also, a bill to regulate the sale of poisons in the State. Also, a bill to promote trade and encourage honesty and fair dealing in this State by making it criminal to purchase goods and chattels at cash sale, or for cash on delivery, and to dispose of the said goods without paying for the same; to prescribe the punishment therefor, and for other purposes. Also, a bill to repeal all laws and parts of laws, heretofore passed, which make it obligatory upon the County Treasurer of Chatham county, and the Treasurer of the city of Savannah, to pay the Solicitor General of the Eastern Judicial Circuit of the State of Georgia insolvent fees for the prosecution of insolvent persons in the Superior Court of Chatham county and the City Court of Savannah, in the State of Georgia; also, to provide the mode for his remuneration for his services in the prosecution of said cases. Also, a bill to establish a County Court in Dodge county, to define its jurisdiction, and for other purposes therein mentioned. Also, a bill to require Ordinaries of the several counties in this State to make annual reports in writing to grand juries of their respective counties, and for other purposes. Also, a bill to amend an Act to establish a County Court in Coweta county, approved March 2, 1874 Also, a bill to prohihit the sale of spirituous liquors within one mile of Edgewood Church, in Fulton county, except within the incorporate limits of the city of Atlanta.

FEBRUARY I, 1876.

255

Also, a bill to regulate the registration of deeds and other instruments in this State, to give effect to the same, and for other purposes.
Also, a bill to amend the laws relating to elections in this State, and for other purposes.
Also, a bill to alter and amend section 4396 of Irwin's Revised Code of Georgia, in relation to horse stealing.
Also, a bill to regulate the bond of the Ordinary of Greene county; to abolish the office of Treasurer of said county, and to impose the duties of said office on the Ordinary, and for other purposes.
.Also, a bill to repeal so much of an Act as relates to the county of Jasper, entitled an Act to consolidate the offices of Sheriff and Tax Collector in Jones and Jasper counties, as also the offices of Tax Collector and Clerk of the Superior Court of Jasper county, and for other purposes, approved August 23, 1872.
Also, a bill to make it lawful for Judges of the Superior Courts of this State to hear and determine motions for new trials at Chambers.
Also, a bill to protect the owners of lands, enclosed and unenclosed, in the counties of Lincoln and McDuffie.
Also, a bill to authorize John T. Paden, of Milton county, to peddle without license.
Also, a bill to prohibit hunting on the lands of another in the county of Montgomery.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the corporate limits of the city of Columbus, and within one mile of the court house of said city.
Also, a bill to amend and apply the provisions of an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, and other counties therein named, without permission of the owner or employer of the land on which the products are raised, and

-256

JOCR!\AL OF TIIE Hoes

to prescribe the punishment therefor, and for other purposes, approved August 23, 1872, so that said Act shall apply and embrace the county of Muscogee.
Also, a bill to create a lien in judgment under all written obligations to pay money or other things of value, and to change the collection laws of this State, and for other purposes.
Also, a bill to change the time of holding the Superior Court in Oconee county.
Also, a bill to provide compensation for county officers of the county of Oglethorpe for extra services, upon recommendation of the grand jury of said county, and for other purposes.
Also, a bill to amend an Act entitled an Act to exempt locomotive engineers in the employment of railroad companies in this State from jury duty, and for other purposes, approved March 2, 1875.
Also, a bill to fix the compensation of Tax Collector, Tax Receiver and Treasurer of Monroe county, and provide extra compensation of officers.
Also, a bill to amend the jury Ja,,.s of this State, as far as the same relate to the county of Richmond, and for other purposes.
Also, a bill to organize a County Court for the county of Randolph, to define its jurisdiction, and for other purposes.
Also, a bill to amend an Act entitled an Act to provide for the registration of electors in certain counties therein named, approved February 23, 1875, so far as the same relates to the counties of Camden and 1110mas.
Also, a bill to amend an Act entitled an Act to create a County Court in each county of the State of Georgia, approved January 19, 1872, and the Act amendatory thereof, in so far as it relates to the counties of Troup and Baldwin, approved March 5, 1875, in so far as relates to the county of Troup, and to more clearly define the

FEBRUARY I, I8i6.

257

'criminal jurisdiction of practice in the County Court of Troup county.
Also, a bill to regulate the compensation of Tax Re-ceiver, Tax Collector and Treasurer for the county of Troup.
Also, a bill to amend ari. Act entitled an Act to amend and add to an Act to prescribe the mode of granting 1icense to sell intoxicating liquors in the counties of Jeffer-son, Burke and \Vashington, approved February 20, I8i3. by adding a section thereto increasing the license to sell the same in Burke county, approved March 3, 1 8i5
Also, a bill to abolish the County Court of Upson county.
Also, a bill to create a Board of Commissioners of Roads and Revenues, and for other purposes therein mentioned.
Also, a bill to detach the counties of Union and Towns from the Blue Ridge Circuits, aml attach said counties to
the Western Judicial:Circuit.
Also, a bill to prevent the hunting of game and fishing .on certain lands in the county of Miller.
Also, a bill to legalize certain acts of the County Commissioners of Mcintosh county.
Also, a bill to confer upon the chief executive officer of the city of Darien power to pass an alternate sentence of fine or imprisonment.
Also, a bill creating Commissioners for th,~ county of Mcintosh and city of D,1rien, and to define their powers and duties.
Also, a bill to amend an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, D.1de, Polk, and other counties therein named, approved February 26, I8i5 so as to apply the provis'ons of said Act to the county of Madison.
Also, a bill to amend an Act to cre:1te a County Court in each county of the State of Georgi<l, except certain
li

258

JouR:XAL OF THE HousE

counties therein mentioned, so far as the same applies tothe county of Oconee.
Also, a bill to amend an Act to regulate the granting of license to retail spirituous liquors in the counties of Newton, Jasper and Stewart.
Also, a bill to prohibit attorneys at law from becoming security on bonds of Sheriffs and others.
Also, a bill to authorize and empower the Governor of Georgia to purchase a battery and equipments for the \Vashington Light Artillery of Augusta, and to appropriate money for the same, and for other purposes.
Also, a bill for the relief ofT. H. Deveau, of the county of Schley.
Also, a bill to authorize security to be given in all civil or criminal proceedings by a deposit of Georgia bonds ; to make it penal for the same to be stolen while on deposit, and for other purposes.
Also, a bill to authorize creditors of any person making a voluntary assignment to compel the assignee to give bond for his trust, and for other purposes.
Also, a bill to amend an Act to organize a Criminal Court for the counties of DeKalb, Henry and Sumter, approved February 22, 1873, so as to include in said Act the county of Pike.
On motion, the rules were suspended, and the following bills introduced and read the first time, to-wit:
By Mr. FanninA bill to change the line between the counties of Troup and Heard.
By Mr. SpeerA bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Harris, approved February 5, 1873, and to apply the provisions of said ACt to the counties of Spalding and Butts.
By Mr. Clements, of WhitfieldA bill to provide for the dissolution of grand juries m certain cases, and for other purposes.

FEBRUARY 2, 1876.

259

On motion of Mr. Speer, the rules were suspended and the following bill taken up, read the- second time and referred to the Committee on Education, to-wit:
A bill to repeal certain sections of the Code therein specified, in reference to the establishment, organization and operation of the public school laws of this State, and for other purposes.
On motion of Mr. Shewmake, the House then adjourned until 10 o'clo:k a. m., to-morrow.

ATL\NTA, GEORGIA, }
February 2, 1876.
The House met pursuant to adjournment, was called to order by the Speaker and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with.
The ]ournal of yesterday was read and approved.
Mr. Clements, of \Valker, moved to reconsider so much of the acti::m of the House as relates to its action in agreeing to the following resolution, to-wit:
A resolution providing for the appointment of a special committee of five to confer with the Governor, and investigate the alicged outrages on the persons and property of citizens of North Georgia by officials pretending to act under authority of the Federal Government, and report to i:his House.
On the motion to reconsider, Mr. Allred called for the yeas and nays, which call was not sustained. The motion to reconsider then prevailed.
On motion of Mr. Clements, of \\'alker, the resolution was then referred to the Committee on the State of the Republic.
The House went into Committee of the \\'hole for the

260

JouRKAL OF THE Hocsr-:

further consideration of the following bill, as the unfinished business of yesterday, to-wit:
A bill to levy a tax for the support of the Government for_ the year 1876, and to provide for the collection of taxes due the State, and for other purposes therein mentioned.
Mr. Speer, chairman of the Committee of the \Vhole, reported the bill back to the House, with the recommendation that the bill do pass as amended.
On the motion to agree with the committee report, Mr. \Varren called for the previous question, which call was sustained.
The report of the committee was then agreed to. On the passage of the bill as amended, Mr. Allred called for the yeas and nays, which call was not sustained, and the bill as amended then passed.
lVIr. \Varren, chairman of the Committee on Finance, submitted the follm,ing report, to-\\it:
JJ!r. Sj raker: The Committee on Finance have had under considera-
tion the following Senate bill, which they recommend do pass, to-wit :
A bill to regulate the pay of grand and petit jurors in the county of \Vorth, and for other purposes.
They have also had under consideration the following bill, which they recommend do pass by substitute, to-wit:
A bill to prohibit emigrant agents from plying their vocation in this State without first obtaining a license therefor, and for other purposes.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof:
.!Jfr. Speaker: The Senate has agreed to the following resolution, in
which they ask the concurrence of the House of Representatives, to-wit :
A resolution providing for a joint session of the Finance

FEBRUARY 2, 1876.

261

Committee, to consider and report such amount as they . may consider sufficient to pay the expenses of insurrectionary trials in this State.
The Senate has passed the following bills, to-wit:
A bill to facilitate service on railroad companies in certain cases.
Also, a bill to amend the laws of this State for the protection of the State treasury, and for other purposes.
Also, a bill to reduce and regulate the fees of Tax Receivers and "Tax Collectors in this State.
Also, a bill to change the line between the counties of Clinch and \Vare.
Also, a bill to provide a jury in ] ustices' Courts for the trial of cases of forcible entry, and for other purposes.
Also, a bill to regulate the law of insurance in this State.
Mr. Graham, chairman of the Committee on Enrollment, submitted the following report, to-wit:
lVIr. Speaker: The Committee on Enrollment report as duly enrolled
and ready for the signature of the Speaker of the House of Representatives the following bill, to-wit:
A bill to amend the charter of the Rising Fawn Iron Company of Georgia, and to authorize said company to issue its first and second mortgage bonds, and to provide for the security and payment thereof.
The order of business being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, and the following bills were introduced and read
. the first time, to-wit: By Mr. Craig, of WhiteA bill to regulate the per diem pay of grand and petit jurors in the county of 'White.
By Mr. Clements, of WalkerA bill for the relief of G. D. \:Vhitman and his secunties, and for other purposes.

262

JOURNAL OF THE HOUSE

The hour of I I o'clock a. m. having arrived, the following bill was taken up as the special order of the day, and the House proceeded with the consideration of the same, to-wit:
A bill to repeal an Act approved February 25, I875, entitled an Act to create a State Board of Health, and for other purposes.
The Committee on the Judiciary, to whom this bill had been referred, reported the same back to the House, with the recommendation that the same do not pass.
The report of the committee was agreed to, and the bill lost.
The call of the counties for the introduction of new matter was resumed.
By Mr. Stewart, of SumterA bill to fix the salary of the Treasurer of the county of Sumter, and for other purposes. Also, a bill to amend an Act to create a :Board of Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, so far as said Act relates to the county of Sumter.
By Mr. ClarkeA bill to amend an Act entitled an Act to amend section 4441 of the Code of Georgia, approved February 24,
1874 Also, a bill to amend an Act entitled an Act to author-
ize the Judge of the County Court of the county of Richmond to pay the school debt due the school officers and teachers of said county for the years 1871 and 1872, and for other purposes.
By Mr. WalshA bill to adopt the Code of Georgia of r873, revised by Irwin, Hill and Lester; to declare the authority and effect thereof, and for other purposes. By Mr. Stewart, of RockdaleA bill to prohibit hunting with dogs and firearms and

FEBRUARY 2, 1876.

263

fishing with seines and hooks on the lands of another, in the county of Rockdale, without the consent of the owner thereof.
By Mr. HutchinsA bill to repeal so much of an Act, approved February 26, 1875, prohibiting the sale of spirituous and malt liquors in certain counties therein named as applies to the county of Polk.
By Mr. TumlinA bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Randolph.
By Mr. LivingstonA bill to prescribe the duties of the several Tax Collectors of this State, and for other purposes. Also, a bill granting 0. S. Porter and others the privilege to erect a dam across Yellow river at Henry Shoals.
By Mr. AdamsA bill to exempt the members of the Quitman Guards, of the county of Monroe, from jury, road and street duty.
By Mr. Willis, of MaconA bill to prohibit hunting and fishing on the lands of another in the county of Macon.
By Mr. DukeA bill to amend an Act, approved February 26, 1875, regulating the sale of spirituous liquors in certain counties therein named, so far as the provisions of said Act applies to the county of Jackson. By Mr. PottsA bill to amend an Act, approved February 26, 1875, consolidating the offices of Clerk of the Superior Court and Treasurer of the county of Jackson. By Mr. BrownA bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the -county of Houston, and for other purposes.

264

JouR~AL oF THE Hm.:sE

By Mr. BinionA bill to repeal~an Act, approved March 2, 1874, to prohibit the sale of intoxicating liquors within a radius of twomiles from Beulah Church, in the county of Hancock.
By Mr. TerrellA bill to allow George \V. Porter to peddle without license. By Mr. RankinA bill to exempt one hundred dollars of property to each head of a family in this State from taxation. Also, a bill to repeal an Act entitled an Act to exempt from taxation manufactories of cotton and woollen fabrics, approved August 27, 1872, and for other purposes.
By Mr. Hamilton, of FloydA bill to incorporate the Traders and Planters Savings Bank of Rome, Ga. By Mr. PadgettA bill to amend the Act incorporating the town of Slatenville, and for other purposes. By l\Ir. HogeA bill for the relief of the widow of Samuel T. Downs,. of the county of Fulton. By- Mr. IrwinA bill to amend section 4127 of the Code of 1873. By Mr. LindleyA bill to amend section 3309 of the Code of 1873. Also, a bill to amend an Act, approved March 2, 1874, authorizing the Governor to farm out the State convicts, and for other purposes. By Mr. AthonyA bill to change the line between the counties of Henry and Clayton. By Mr. RudisillA bill to amend the several laws in relation to the Institution for the State Deaf and Dumb Asylum, and for ~ther purposes.

FEBRUARY 2, 1876.

26&

By Mr. Whittle-

A bill to reduce the bond of the Sheriff of the county

of Chattahoochee.

By Mr. Warren-

A bill to repeal section 796 of the revised Code of 1873.

By Mr. Shellnutt-

A bill to amend an Act to incorporate the town of Bow-

don, in the county of Carroll, and for other purposes.

.

Also, a bill to amend the Act incorporating the town of

vVhitesburg, in the county of Carroll.

By Mr. Clarke-

A bill to amend section 4360 of the Code of r863, m

regard to vagrancy.

By Mr. Nelms-

A bill to amend an Act, approved March 3, 1875, for the

relief of maimed and indigent soldiers.

By Mr. Pierce-

A bill provid:n;; for the safe keeping of the ballot box.

By Mr. Bacon, of Bibb-

A bill to incorporate the Tallapoosa Mining Company.

Also, a bill to relieve the Building and Loan Associations

of this State from liability to certain taxes of and for the

year 1875, and for other purposes.

By Mr. Turnbull-

A bill to change the line between the counties of Banks

and Jackson.

By Mr. Neal-

A bill to re-enact an Act to reorganize a Criminal Court for each county in this State, approved October 7, 1868,

so as to apply said Act to the county of Bartow.

By Mr. McKinly-

A bill to enable Judges of the Supreme Court, in their

discretion, to buy for the use of the State Library fifty

bound volumes of the "Annals of Georgia," in the files of

the Southern Recorder.

.

Mr. Neal presented a memorial for the relief of Emory Stegall, which was referred to the Committee on Finance..

266

JouRNAL OF THE HousE

On motion of Mr. Clements, of \Valker, the rules were suspended, and the following bill taken up, and the Senate .amendments thereto concurred in, to-wit:
A bill to amend the charter of the Rising Fawn I ron Company of Georgia.
The next business in order being the reading of Senate bills the third time, the following Senate bills were read the third time and passed, to-wit:
A bill to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, out of the corporate limits of the town of Eatonton, and for other purposes, approved February 16, 1875.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Terrell, approved February 15, 1873, so far as the same applies to the county of Gilmer.
Also, a bill to regulate the pay of grand and petit jurors in the county of \Vorth, and for other purposes.

REPORT OF TilE JOINT COMMITTEE APPO!l\TED BY THE SENATE
A"D HOIJSE OF REPRESENTATIVES TO VISIT THE INSTITUTION
FOR THE DEAF A:\'D DIJMTI.
To the President of the Smale and Speaker of tlu House of Represmtatil'cs:
The joint commi~tee visiting the Institute for the Deaf and Dumb, at Cave Spring, Georgia, have performed that duty, and submit the following report :
In the matter of the officers and trustees of the Institution, we have to say that, from the observation and evidences given us during our visit, we are satisfied that they seem to be alive to their duties, and earnest in their desire and successful in their efforts in making the Institute as it should be-an honor and credit to the State.
\Ve are satisfied that the disbursement of the public funds has been economically and faithfully made, and

FEBRuARY 2, 1876.

267

-commend Mr. A. J. King, the Treasurer of the Board of
Trustees, for the satisfactory exhibition of his books and vouchers of the financial condition of the funds entrusted to his care and distribution.
\Ve might mention with commendation each individual officer by name, and do no more than justice requires at our hands, but the condition of the surroundings, the progress of the inmates, and especially the happy faces and conduct of these unfortunates, speak louder than words in praise of their labors and management.
vVith one exception, the Trustees are attentive to their .duties, and seem to take much pride and interest in the progress and management of the Institution under their charge, to promote the ends in view of the founders of
this noble charity. The exception referred to is Mr. J.
D. Thompson, of Fulton county, who, we are informed, has not attended the meeting of the Trustees at any time. Your committee suggest that if it be not his intention to do so, that he be requested to resign, that the Governor may appoint some suitable and proper person who will discharge the duties required.
And in this connection, we suggest that a sufficient sum be appropriated to pay the actual expenses of the Trustees visiting the said Institution in the discharge of their official duties.
\Ve report the buildings in good order and repair, and kept in neat and satisfactory condition.
Your committee are, however, well satisfied that the Institution is greatly in need of quarters for hospital purposes. In case of sickness, and especially in cases of .epidemic, the sick and the well alike demand separate apartments for their welfare and comfort.
Application has been made by a few colored mutes for .admission into the Institution, and there may be more before another session of the General Assembly, and the Trustees are anxious to secure a building separate from the

268

JouR::-iAL OF THE HocsE

main one, and still near enough to be operated under the same general management, for the colored mutes that may be entitled to admission. An opportunity is now afforded to purchase an eligible building suited to that purpose. On a beautiful and commanding elevation near the main building, the Cherokee \Vesleyan Institute have and own a large two story substantial brick edifice, which cost them some ten or twelve thousand dollars, which they propose to sell to the State for the sum of two thousand dollars. It is out of repair, however, and according to the estimates, the additional sum of fifteen hundred dollars would be required to put it in condition for the purposes desired. The site contains ten acres of land.
Your committee recommend, after deliberation, that the Legislature make an appropriation of three thousand five hundred dollars for the purchase and fitting up of this building, and that such portions of the building as may not be used for the accommodation of the mutes, may be fitted up and set apart for hospital purposes, as required by the Institution. The Trustees also desire an appropriation of eight thousand dollars, for the purpose of extending and enlarging the main building, etc., and whilst we feel that the necessities for the same are well grou!lded, yet we do not feel authorized to ask for the appropriation at this time, by reason of the stringency of the times and the burdens of an already complaining people on account of heavy taxation.
We recommend the usual appropriation of sixteen thousand and five hundred dollars, for the support and maintenance of the Institution during the present year.
J. A. BLA~CE, Clzairman Senate Com.
R. Y. RumsiLL, Chaimzan House Com.
The next order of business being the reading of House bills the third time, the following bills were read the third time and disposed of, as hereinafter specified, to-wit :
A bill to amend an Act to create a Board of Commis-

FEBRUARY 2, 1876.

269

sioners of Roads and Revenue for the county of Appling. Passed.
Also, a bill to repeal an Act, approved December I 3, 1871, creating a Board of Commissioners of Roads and Revenue for certain counties therein named, so far as the same relates to the county of Berrien. Passed.
Also, a bill to regulate and define the pay of grand and petit jurors for the county of Chattahoochee. Amended .and passed.
Also, a bill to provide for a revision of the jury box of the county of Jackson, and for other purposes. Laid on the table.
Also, a bill to amend section 408 3 of the Code of Georgia. Passed by substitute.
Also a bill to prevent cheating and swindling in the giving of mortgages, and for other purposes. Lost.
Also, a bill to better insure the payment of fines and cost in the county of Glascock. Lost.
Also, a bill to more effectually provide for the collection of the State tax against emigrant agents. Passed by substitute.
Also, a bill to repeal an Act to confer civil and criminal jurisdiction for the county of Pierce on the Mayor of the incorporation of Blackshear. Lost.
On motion of Mr. Brown, of Houston, the rules were suspended, and the following bills were introduced and read the first time, to-wit:
By Mr. BrownA bill to repeal an Act entitled an act to amend section 4401 of the Code, defining the punishment for hog stealing, approved February 23, 1875
By Mr. Simmons-
A bill to amend section 4372 of the Code, referring to the use of abusive or obscene language.
The next order of business being the reading of House ,bills the second time, the following bills were read the

270

JocR~AL OF THE HousE

second time and referred to the Committee on the Judiciary, to-wit:
A bill to provide for the payment of insolvent costs of the officers of the Superior Court of the county of Jackson.
Also, a bill to legalize the order passed by the Judge of the Superior Court of Henry county, at the Fall term of 1874, in favor of the Sheriff and Clerk of the Superior Court of said county, for extra services rendered.
Also, a bill to amend an Act to create a County Court in each county in this State, etc., and for other purposes.
Also, a bill to amend section 4372 of the Code of 1873, so far as the same relates to the county of Oconee.
Also, a bill to amend the laws in relation to the jurisdiction of the County J udgc in county matters, so far as the same relates to the county of Screven, and for other purposes.
Also, a bill to regulate the fees of the Receiver of Tax Returns and Tax Collector of the county of Glascock.
The following bill wa,; read the second time and committed, to-wit:
A bill to authorize l\1. B. Elrod, of the county of Jackson, to peddle without license.
The following House bills were read the second time and referred to the Committee on Finance, to-wit:
A bill to compensate the Ordinaries of this State, and for other pu rposcs.
Also, a bill to regulate the pay of jurors in the county of Macon.
Also, a bill to authorize the County Treasurer of the county of Screven to pay certain orders granted by the Judge of the Superior Court of said county to certain officers for extra services performed.
Also, a bill to regulate the compensation of the Tax Receiver and Tax Collector of the county of Meriwether.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Harris, and for other purposes.

FEBRUARY 2, I 876.

271

Also, a bill to amend an Act, approved February 26, I 875, known as the "local option law."
Also, a bill to incorporate the town of Crawford, in the county of Oglethorpe, and for other purposes.
The following bills were read the second time, and were ordered to be engrossed, to-wit:
A bill to prohibit the sale of intoxicating liquors or alcoholic bitters, in quantities less than five gallons, within two miles of the Female Seminary in the town of Fort Valley, Georgia, except in certain cases therein specified.
Also, a bill to repeal so much of an Act entitled an Act to increase the pay of jurors in certain counties therein mentioned as relates to the county of Jasper-said Act approved December 14, 1871.
The following bills were read the second time and referred to the Committee on Corporations, to-wit:
A bill to amend the several Acts incorporating the town of Hartwell, and to grant criminal jurisdiction in certain cases to the Mayor of said town, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend the several Acts incorporating the city of Gainesville, approved February 22, 1873.
The following bill was read the second time, and referred to the Committee on Education, to-wit :
A bill to repeal and amend the last lines of the 3d section ofan Act, approved March 3, I874, to provide for the payments of school officers and teachees, for the year I87I, so far as the same relates to the county of Campbell.

The following bill was read the second time, and referred to the Committee on New Counties and County Lines, towit:
A bill to change the line between the counties of Murray and Gordon.
Mr. Hoge, chairman of the Committee on the State of

272

JOUR:-IAL OF THE HOUSE

the Republic, submitted the following report as a substitute for a resolution by Mr. Allred on the same subject, to-wit:
Jvfr. Speaker:
WHEREAS, The attention of this General Assembly has been called to the alleged fact, sustained by evidence from sources entitled to credence, that the citizens of the county of Gilmer, in this State, frequently suffer indignity, and that even murder has been committed by persons in the revenue service of the United States, under pretext of enforcing the revenue laws.
Resolucd, That this General Assembly is powerless to :provide any other preventative of these evils than is already to be found in our Criminal Code.
Resohcd, That the active efforts being made by his Excellency, the Governor, to bring the alleged offenders to trial, seconded by the hearty co-operation of the people, will prevent a recurrence of affairs above referred to, which has been so gross as to demand the attention of this General Assembly.
On motion of Mr. Rankin, the rules were suspended, and the report of the Committee was taken up for consideration.
Mr. Rankin offered the following amendment to the resolution proposed by the Committee, to-\Yit:
Resolved, That his Excellency the Governor, be requested to furnish the General Assembly all the information as early as practicable that he may have relative to the reported outrages by Federal officers in the county of Gilmer, what disposition has been made of the alleged criminals, and by what authority they have been taken from the control of the State officers, if such is the case.
The amendment was agreed to, and the report of the Committee as amended was then adopted :
By request, Mr. Jones, of Crawfonl, was added to the Committee on the Asylum for the Blind.
Leave of absence was granted Messrs. \Vessclowsky, Miller, of Marion, Patton, and Carleton, of Clarke.

FEBRUARY 3, 1876.

!73

Leave of absence was granted the Committee on the Academy for the Blind, to visit that institution.
On motion of Mr. Brown, the Home then adjourned
until 16 o'clock a. m., to-morrow:

ATLAXTA, GEORGIA,

}

Fcbntal)' 3, 1876.

The House met pursuant to adjournment, was called to

order by the Speaker, and opened with prayer by the Rev. j 0hn Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. Mr. Baker moved to reconsider so much of the action of the House as relates to its action on the following bills, to-wit: A bill to repeal an Act entitled an Act to create a State Board of Health, and for other purposes. After some time spent in the discussion of the matter

before the House, Mr. Allred called for the previous question, which call was sustained.
On the motion to reconsider, Mr. Turnbull called for the yeas and nays, which call was sustained, and the Clerk

proceeded with the call.

Those voting in the affirmative are-Messrs.

Anderson,

Holcombe,

Atkinson,

Irwin,

Allred,

Jamison,

Baker,

Kennedy,

Binion,

of Bulloch,

Carter, of \Valton, Kilpatrick,

Craig, of White, Lang,

.Camp,

Lindley,

'Crymes,

Leach,

Cobb,

Lane,

Rudisill, Rankin, Ridley, Revill, Shellnut, Sharpe, Stallings, Smith, of \Vebster, Skelton,
~p;!lks,

18

274 .

JovR~AL OF THE HousE

Candler,

Mathews,

Culver,

Mattox,

Clements,

Moss,

ofWhitfield, Meadows,

DeLoach,

Miller, of Ware,

Duggar,

Marshall,

Dyer,

Neal,

Duke,

Nelms,

Ficklan,

Norman,

Fain,

Padget,

Graham, ofTelfair, Peeples,

Hamilton,

Potts,

of Floyd,

Parker,

Holland,

Patman,

Hutchins,

Pitman,

Searcy, Simpson, Terrell, Turnbull, Turner, of Floyd, Tootle, Whittle, Wilcoxon, Winningham, Wilcher, Ware, Wynn, Willis, of Greene, Warner, Wofford.

Those voting in the negative are-Messrs.

Adams, Asbury,

Gray,

Phinazee,

Graham, of Dade, Peden,

Alderman,

Grimes,

Shewmake,

Bacon, of Bibb,

of Muscogee, Saunders,

Bacon,ofLiberty, Hoge,

Smith,ofDawson,

Barnwell,

Humber,

Smith,

Binns,

Hutchenson,

of Lowndes,

Brown,

Harrall,

Sheffield,

Black, Blue, Battle, Cassidy, Carleton,
of Clarke,

Hammond, Hall, Henderson, Jones, of Burke, Kennedy,
of Emanuel,

Scott, Stewart,
of Rockdale, Stewart, ofSumter,. Speer, Sharman,

Calhoun, of Fulton,

King, Lawton,

Turner, of Brooks, Thomas,

Christian, Crawford, Clarke,

Lampkin, Little, Livingston,

Warren, Wilson,ofOconee, Wilson, of Fulton,

Colley,

Leverett,

Wilcox,

FEBRUARY 3, I 876.

275

Duggan, Davis,

McKinly, Maxwell,

\Villis, of Macon, Williams,

Elkins, Fredrick,

McGill, McAfee,

\Valsh, \Vorthen.

Fannin.

Pierce,

Yeas, 72. Nays, 68.

So the motion to reconsider pre\ailed.

Mr. Bacon, of Bibb, chairman of the Committee on Corporations, -submitted the following report, to-wit:

fifr. Speaker :

The Committee on Corporations have had under consideration the following bills of the House, which they have instructed me to report back to the House, with the recommendation that they do pass:
A bill to be entitled an Act to-amend the Act, approved March I 2, I 866, incorporating the city of Madison, to vest the power in the Mayor and Aldermen thereof, to license auctioneers, to charge for the same, and inflict penalties for exercising such privilege without license; to require certain citizens to work roads, streets and alleys, or pay for release, and to change the time of holding elections for Mayor and Aldermen.
Also, a bill to amend the charter of the town of ~!organ, in Calhoun county.

Also, a bill to be entitled an Act to amend an Act entitled an Act to repeal an Act incorporating the town Of Jonesboro, in Clayton county, and to re-incorporate the same, and to provide for Intendent and Commissioners.

Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the city of Albany, passed on the 27th day of December, 1838, and the several Acts amendatory thereto, and to provide for the registration of voters in the municipal elections in the cities of Albany, Atlanta and Newnan, so far as it relates to Albany.
The Committee have also had under consideration a bi!l

216

JOUR:"AL OF THE HousE

to be entitled an Act to amend an Act entitled an Act to incorporate the Mutual Protection Insurance Company of Georgia, for which they have directed me to report a sub_ stitute, with the recommendation that it do pass in lieu of said original bill.
Also, a bill to be entitled an Act to authorize the Grangers' Life and Health Insurance Company to create and teStablish a State Department in the State of Georgia, for \vhich they have directed me to report a substitute, \vith the recommendation that it do pass in lieu of said original bilL
Also, a bill to further amend the charter of Milledgeville, for which they have directed me to report a substitute, \vith the recommendation that it do pass in lieu of said original bill.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
}lfr. Speaker : The Committee on the Judiciary have had under con-
sideration the following bills, which they recommend do pass, to-wit:
A bill to amend an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lin<1:oln, Brooks and other counties therein named, approved August 23, 1872, so far as applies to the county of Clayton.
Also, a bill to repeal an Act, approved February 19, 1873, abolishing the office of County Treasurer in and for the county of Burke.
Also, a bill to fix the amount to be charged for license to sell spirituous liquors in the county of Emanuel, and for other purposes.
Also, a bill to change the time of holding the Superior Court in the county of Wilcox.
Also, a bill to create a Board of Commissioners of Roads and Revenue for the county of Troup.

FEBRUARY 3, 1876.

277

Also, a bill to amend an Act entitled an Act to provide for the registration of electors in certain counties therein named, approved February 23, 1875.
Also, a bill to change the time of holding the Superior Court in Oconee county.
Also, a bill to amend an Act entitled an Act to exempt locomotive engineers in the employment of railroad companies in this State from jury duty, approved March 2,
1875 Also, a bill to amend the jury laws of this State so far
as the same relate to the county of Richmond. Also, a bill to amend an Act to regulate the granting of
license to retail spirituous liquors in the counties of Newton, Jasper and Stewart.
Also, a bill to provide compensation for county officers of the county of Oglethorpe for extra services, and for other purposes.
Also, a bill to repeal an Act consolidating the offices of Sheriff and Tax Collector in the county of Jasper.
Also, the following bill, which they recommend do pass~ with an amendment herewith submitted, to-wit :
A bill to alter and amend section 610 of the Revised Code of Georgia.
Also, the following bill, for which they herewith submit a substitute, and recommend the passage of the same, towit:
A bill to prohibit hunting upon the lands of another in the county of Campbell.
Also, the following bills, which they recommend do not pass, to-wit:
A bill to amend section 4396 of the Code of Gegi:.r,. defining the punishment of horse stealing.
Also, a bill to allow the defendants in criminal prosecutions and indictments to take the depositions of witnesses residing out of this State.
Also, a bill to create a lien in judgments under all writ-

278

JouRXAL OF THE HousE

ten obligations to pay money or other things of value, and to change the collection laws of this State.
Also, a bill to authorize John T. Paden, of Milton county, to peddle without license.
Also, a bill to make it lawful for Judges of the Superior Courts of this State to hear and determine motions for new trials at Chambers.
Also, a bill to amend section 4396 of the new Code of Georgia, in relation to horse stealing.
Also, a bill to amend the election laws in this State.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Mr. Speaker: The Committee on Enrollment report as duly enrolled,
signed by the Speaker of the House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following bill, to-wit :
A bill to amend the charter of the Rising Fawn Iron Company of Georgia, and to authorize said company to issue its first and second mortgage bonds, and to provide for the security and payment thereof.
The hour of I I o'clock having arrived, the following bill was taken up as the special order of the day, and the House proceeded with the consideration of the same, to-wit:
A bill to repeal an Act, approved February 27, I874.
entitled an Act to create the office of State Geologist, and for other purposes.
Mr. Rankin moved to indefinitely postpone the bill.
After some time spent in the discussion of the bill, Mr. Rankin called for the previous question, which call was sustained.
On the motion to indefinitely postpone the bill, Mr. Turnbull called for the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

.. /

FEBRUARY 3, I 876.

2-79

Those voting in the affirmative are-Messrs.

Adams, Allred, Asbury, Alderman, Bacon, of Bibb, Barnwell, Binns, Brown, Black, Battle, Binion, Craig, of White, Camp, Cassidy, Carleton,
of Clarke, Carleton,
of Greene, Calhoun,
of Fulton, Cobb, Candler, Clements,
of Whitfield, Clements,
of Walker, Christian, Crawford, Clarke, Colley, DeLoach,

Dyer,

Padget,

Davis,

Phinazee,

Ficklan,

Peden,

Fannin,

Rankin,

Glisson,

Ridley,

Gray,

Shewmake,

Grimes,

Shell nut,

of Muscogce, Sharpe,

Hoge,

Saunders,

Humber,

Smith,

Hutchenson,

of Dawson,

Harrall,

Sheffield,

Hammond,

Scott,

Hall,

Skelton,

Henderson,

Stewart,

Holcombe,

of Rockdale,

Jones, of Burke, Stewart, of Sumter,

King,

Speer,

Lang,

Simpson,

Lawton,

Sharman,

Lampkin,

Turner, of Brooks,

Little,

\Varren,

Livingston,

Wilson,

Leverett,

of Oconee,

McKinly,

Wilcox,

Mathews,

Ware,

Maxwell,

Willis, of Greene,

McGill,

Wofford,

Marshall,

Williams,

Pierce,

Walsh.

Those voting in the negative are-Messrs.

Anderson, Atkinson, Baker;

Jamison,

Pitman,

Kennedy,

Rudisill,

of Bulloch, Revill,

280

JOURNAL OF THE HOUSE

Bacon, of Liberty, Kilpatrick,

Blue,

Lindley,

Stallings, Smith, ofWebster,.

Carter, of\Valton, Lane,

Crymes,

Mattox,

Culver,

Moss,

Spinks, Searcy, Turnbull,

Duggar,

Meadows,

Turner, of Floyd,

Duggan,

l\'liller, of \Yare, Tootle,

Elkins,

Neal,

Whittle,

Fredrick,

Nelms,

\Vinningham,

Fain,

Norman,

Wilcher,

Hamilton,

Peeples,

Wynn,

of Floyd, Potts,

\Villis, of Macon,.

Holland,

Parker,

\Varner,

Hutchins,

Patman,

\Vorthen.

Irwin,
Yeas, 83. Nays, so..

So the motion to indefinitely postpone the bill prevailed.

Leave of absence was granted Messrs. \Vilcox, Asbury.

Patman and Anthony.

On motion of Mr. Sheffield, the House then adjourned

until 10 o'clock a. m., to-morrow.

ATLANTA, GEORGIA,

}

Ftbruary 4, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer.
The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. The regular order of business being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, and the following bills were .introduced and read the first time, to~wit:

By Mr. CampA bill to provide for the payment of costs in atlvance in Justices Courts in certain case~.

FEBRUARY 4, 1876.

28t

By Mr. Hamilton, of ClinchA bill to amend an Act incorporating the town of Homerville, in the county of Clinch.
By Mr. IrwinA bill to regulate the sale of intoxicating liquors in the county of Cobb.
By Mr. WilcoxA bill to authorize Henry C. Moore to peddle without license in certain counties in this State. By Mr. LawtonA bill to vest in the Superior Courts authority to amend charters of private companies. By Mr. McGillA bill to prevent persons from fishing, under certain circumstances, in Lake Douglas, in the county of Decatur. Also, a bill to amend section 3972 of the Code of Georgia. Also, a bill to create a County Criminal Court for the county of Decatur, and to define its jurisdiction, and for other purposes.
By Mr. PierceA bill to amend an Act orgamzmg a County Court in each of the counties of Calhoun, Baker, Quitman and Miller, and providing for a County Solicitor for said Court for the county of Calhoun, and for other purposes.
By Mr. HogeA bill for the relief of the Public Printer for the year 1871, and for other purposes. By Mr. Hamilton, of Floyd-
A bill providing for the payment of the salary of J.
Branham, Jr., Solicitor General of the Macon Circuit. By Mr. WilcherA bill to better regulate the setting apart of homestead
property in this State. Also, a bill to better regulate the dbtribution of mon~ys.
for educational purposes in this State.

'282

JOURNAL OF THE HoUSE

Also, a bill to better protect persons who have heretofore purchased homestead property in this State, and for other purposes.
By Mr. Carleton, of GreeneA bill to relieve the obligors on a penal bond for the appearance of \Valdemar Moody, at the Superior Court of the county of Greene.
By. Mr. PeeplesA bill to amend section 2 527 of the Revised Code of I 873, and for other purposes.
By Mr. CandlerA bill to change the line between the counties of Jackson and Hall. By Mr. CulverA bill to amend an Act, approved March 2, 1875, making the County Court of the county of Hancock a Court of Record. By Mr. BrownA bill to change the line between the counties of Houston and 1facon. By Mr. ChristianA bill to create a Board of Commissioners of Roads for the county of Johnson, and for other purposes. By Mr. ScottA bill to allow L. J. Brinson, of the county of McDuffie, to practice medicine, and to collect fees for the same. By Mr. WilliamsA bill to fix the compensation of the Treasurer of the county of Muscogee. Also, a bill to encourage immigration into the State of Georgia, and for other purposes. By Mr. PedenA bill providing for an election by the citizens of the -county of Pike to settle the question of the removal of the county site of sa.id county from Zebulon to Barnesville, in said county.

FEBRUARY~4, I876.

::83

By Mr. WilsonA bill to consolidate the offices of Sheriff and Tax Receiver, and Clerk of the Superior Court and Tax Collector of the county of Oconee.
By Mr. TumlinA bill to change the line between the counties of Randolph and Terrell. Mr. Black intoduced the following resolution, to-wit : A resolution to authorize the Governor, in the name of the State, to present the Clinch Rifles, a military company of .Augusta, with a banner with which to attend the approaching Centennial Exposition at Philadelphia.
On motion of Mr. Black, the rules were suspended, and the resolution taken up and referred to the Committee on Military Affairs.
Mr. Stewart, of Rockdale, introduced the fc.llowing resolution, to-wit :
A resolution to receive so much of the joint resolution, approved March 6, I875, as declares it the sense of this General Assembly, that the Macon & Brunswick Railroad, the property of the State, should be sold.
On motion of Mr. Stewart, of Rockdale, the rules were suspended, and the resolution taken up and referred to the Committee on Finance.
The order of business was resumed.
By Mr. Clement, of WhitfieldA bill to provide for the payment of claims of school officers and teachers of public schools for services rendered during the year I 87 I, and for other purposes. By Mr. PitmanA bill to make Tax Collector ex-officio Sheriff, for the
purpose of collecting all tax .ft. fas., in the county of
Troup. By Mr. HammondA bill to amend section 4687 of the Code of this Sta:te.

284

Jot:R~AL OF THE HousE

The following report was made by the Committee oo Education, through their chairman, Mr. Speer :
ll:fr. Speaker: The Committee on Education, to whom was referred a
bill to be entitled an Act to repeal and amend the three last lines of section 3d of an Act, approved March 3, 1874, to provide for the payment of school officers and teachers for the year 1871, so far as the same relates to the county of Campbell, report the same to the House with a recommendation that !he same do pass.
The bill to amend the school laws of this State so far as the same relates to the county of Liberty, they report back and recommend it do not pass.
The bill to be entitled an Act to provide that County Treasurers, Tax Collectors, School Commissioners and other officers of this State holding trust funds, shall take an additional oath, and for other purposes, I am instructed to report back to the House with a recommendation that the same be referred to the Judiciary Committee of this House, with a view of having the same considered and reported on by them.
Mr. Rankin, chairman pro tem. of the Committee on the Penitentiary, submitted the following report :
.Afr. Speaker: The Committee on the Penitentiary, to whom was re-
ferred a bill to be entitled an Act to. authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts, instruct me to report the same back with the recommendation that it do pass.
Mr. Turner, chairman of the Committee on Privileges and Elections, submitted the following report, to-wit :
Mr. Speaker: The Committee on Privileges and Elections, to whom
was referred a bill entitled an Act to authorize the voters of

FEBRUARY 4, I8j6.

285

Dahlonega to hold an election for an Intendant and Town Commissioners have had the same under consideration, and recommend that it do pass.
Mr. Marshall, chairman pro tem. of the Committee on New Counties and County Lines, submitted the following report:
Jlfr. Spcakt>J': The Committee on New Counties and County Lines
have had under consideration the following bills, which they recommend do pass, to-wit:
A bill to be entitled an Act to change the line between the counties of Tattnall and Liberty.
Also, a bill to be entitled an Act to change the line between the counties of Pulaski and Dodge.
Also, a bill to be entitled an Act to change the line between the counties of Laurens and Johnson.
Also, a bill to be entitled an Act to change the line between the counties of Taliaferro and Greene.
Also, a bill to be entitled an Act to change the line between the counties of Murray and Gordon.
Also, a Senate bill to be entitled an Act to change the line between the counties of Appling and \Vayne.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to be entitled an Act to lay out and organize a new county from the county of Decatur; to attach the same to a Judicial, Congressional and Senatorial District, and for other purposes.
Also, a bill to be entitled an Act to change the line between the counties of Decatur and Thomas, in this State.
Also, a bill to be entitled an Act to change the line between the counties of DeKalb and Rockdale, and for -other purposes.
Also, a bill to change the line between the counties of Jones and Baldwin.

286.

} OURNAL OF THE HOUSE

Mr. Hammond, chairman of the Committee on Banks~ submitted the following report, to-wit:
JJ:!r. Speaker :
The Committee on Banks have had under consideration the following bill, which they beg to return, with the recommendation that the same do pass, to-wit:
Senate bill No. 69, which is a bill to be entitled an Act to prescribe the mode of taxation upon shares or stock of banks or banking associations organized under the au_ thority of this State or of the United States, and located in this State.
The committee have also had under consideration the following bills, which they recommend do pass as amended, to-wit:
Senate bill No. I, which is a bill to be entitled an Act to incorporate the Brunswick Bank and Trust Company.
Also, House bill No. 159, the same being a bill to be entitled an Act to amend an Act entitled an Act to incorporate the City Bank of 1\iacon, in this State, approved February 28, 1874
Mr. Shewmake introduced the following resolution, towit:
ResohJCCl, That on and after Thursday next no more new matter will be received by the House of Representatives, unless by a three-fourths vote of the members present, or reported by one of the standing committees of the House.
On motion of Mr. Shewmake, the rules were suspended and the resolution taken up, read the second time and agreed to.
On motion of Mr. \Valsh, Hon. Allen Fort, of the county of Sumter, was invited to a seat upon the floor of the House during his stay in the city.
On motion of Mr. Smith, of \Vebster, Judge D. B. Harral! was invited to a seat upon the floor of the House during his stay in the city.

FEBRUARY 4, 1876.

287."

The next order of business being the reading of House bills the third time, the following bills were read the third time and disposed of as is hereinafter specified, to-wit:
A bill to amend an Act entitled an Act to incorporate the Mutual Protection Insurance Company of Georgia. Passed by substitute.
Also, a bill to amend the charter of the town of Morgan, in the county of Calhoun. Passed.
Also, a bill to authorize the Grangers Life and Health Insurance Company to create and establish a State Department in the State of Georgia. Passed by substitute.
Also, a bill to amend an Act, approved March 12, 1866, incorporating the city of Madison, and for other purposes_ Passed.
Also, a bill to repeal an Act, approved February 19r 1873, abolishing the office of County Treasurer for the county of Burke. Passed.
Also, a bill to change the time of holding the Superior Court for the county of \Vilcox. Passed.
Also, a bill to fix the amount to be charged for license to sell spirituous liquors in the county of Emanuel, and for other purposes. Passed.
Also, a bill to amend the charter of the city of Milledgeville. Passed by substitute.
Also, a bill to amend section 4396 of the Code of Georgia, defining the punishment of horse stealing. Lost.
Also, a bill to allow defendants in criminal prosecutions and indictments to take the testimony of witnesses, and for other purposes. Laid on the table.
Also, a bill to require all officers of the county of Spalding or the courts thereof, who collect fines and forfeitures in said county, to pay the same into the county treasury, and to provide for the disbursement of the same.
On motion of Mr. Warren, this bill with the substitute reported by the Committee on Finance for the bill, were made the special order of Tuesday next.

288

JOURSAL OF THE HoUSE

Also, a bill to alter and amend section r ro of the revised Code of this State. Laid on the table.
On motion, the rules were suspended, and the following bill introduced and read the first time, to-wit:
By Mr. WestbrookA bill to repeal an Act entitled an Act, approved August 19, r872, to reduce the official bond of the Sheriff of the county of Heard, and to increase the bond of the Ordinary and Sheriff of the county of Dougherty, so far as the same applies to the county of Dougherty.
The order of business was resumed.
A bill to amend an Act to prohibit the buying, selling, delivering or receiving, between the hours of sunset and sunrise, of certain farm products therein mentioned, approved August 23, 1873, so as to apply the same to the county of Clayton.
Mr. Brown moved to amend by adding the county of Houston, which was adopted.
Mr. McKinly moved to amend by adding the county of Baldwin, which was adopted.
Mr. Padget moved to amend by adding the county of Echols, which was adopted.
The bill as amended then passed. Also, a bill to abolish the County Court of the county of Decatur. Passed. Also, a bill to prohibit hunting on the lands of another, in the county of Campbell.
The Committee on the Judiciary, to whom this bill had been referred, reported the same back, with the recommendation that the same do pass by substitute, which report was agreed to.
On motion of Mr. Clements, of \Valker, the bill was recommitted to the Committee of the \Vhole House for further amendment.
The bill as amended then passed.

FEBRUARY 4, 1876.

289

Also, a bill to amend an Act, approved February 27, 1875, to prevent the shooting or firing of guns and pistols in the village of Vineville, in the county of Bibb. Passed.
Also, a bill to repeal an Act to incorporate the town of Jonesboro, in the county of Clayton, and for other purposes. Passed.
Also, a bill to amend an Act, approved December 27, 1838, to incorporate the city of Albany and the several Acts amendatory thereto, and for other purposes. Passed.
Also, a bill to authorize the Ordinary of the county of Hall to sell and convey the pauper farm in said county. Passed.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for certain counties therein named, approved February 20, 1873, so far as said Act applies to the county of Echols. vVit!1drawn.
Also, a bill to amend the laws relating to elections in this State, and for other purposes. \Vithdrawn.
Also, a bill to amend the school laws of the State. Lost. Also, a bill to repeal so much of an Act as applies to the county of Jasper, approved August 23, 1872, entitled an Act to consolidate certain offices therein named in the counties of Jones and Jasper. Passed. Also, a bill to alter and amend section 4396 of the Revised Code of Georgia. Lost. Also, a bill to amend an Act creating a Board of Commissioners of Roads, Public Buildings, Public Property and Finances, for the county of Monroe, approved August
27, 1872. Passed.
Also, a bill to fix the compensation allowed for feeding prisoners confined in the jail of Monroe county. Passed.
Also, a bill to authorize J no. F. Paden, of Milton county, to peddle without license. Lost.
Also, a bill to make it lawful for Judges of the Superior Courts of this State to hear and determine motions for new trials in Chambers. Lost.
'9

290

} OURXAL OF THE HOUSE

Also, a bill to create a lien in judgment under all written obligations to pay money or other things of value, and for other purposes.
The Committee on the Judiciary, to whom this bill had been referred, reported the same back to the House, with the recommendation that it do not pass.
Mr. Livingston moved to recommit the bill to the Committee on the Judiciary, which motion did not prevail.
The report of the committee was then agreed to, and the bill lost.
Also, a bill to change the line between the counties of Newton and Jasper. Passed.
Also, a bill to declare the Yellow river, in the counties of Newton and Rockdale, a lawful fence. Passed.
Also, a bill to amend an Act entitled an Act to regulate the sale of spirituous liquors in the counties of Newton, Jasper and Stewart. Passed.
Also, a bill to provide compensation for the county officers of the county of Oglethorpe for extra services performed. Passed.
Also, a bill to change the time of holding the Superior Court for the county of Oconee. Passed.
Leave of absence was granted Messrs. Little, Kennedy, of Emanuel, Baker, Marshal, Mathews, Williams, Adams, Hamilton, of Floyd, H utchenson, Fredrick, Thomas, Maxwell and Phinazee.
On motion of Mr. Henderson, the House then adjourned until 3 o'clock p. m., this afternoon.

AFTERNOON SESSION.
3 o'CLOCK P. M. The House re-assembled. The call of the roll was, on motion, dispensed with. The business in order being the reading of House bills

FEBRUARY 4, 1876.

291

the second time, the following bills "\Vere read a second time and referred to the Committee on the Judiciary, to-wit:
A bill to supplement the present general school law, so far as it relates to certain counties therein named.
Also, a bill to amend an Act to create a County Court for the county of Clayton, assented to February 28, 1874.
Also, a bill to establish and regulate the fees of Justice of the Peace and Constables 'of the State of Georgia, and to provide for collecting the same in certain cases therein named.
Also, a bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Calhoun, and to define their powers and duties, approved February 22, 1875.
Also, a bill to amend an Act to regulate the weighing of cotton, rice and other agricultural products, and to prescribe a penalty for violation of the same, approved March
2, !875 Also, a bill to declare that dogs shall not be property
for the purpose of imposing an ad valorem tax, and for other purposes.
Also, a bill to amend an Act to establish a permanent Board of Education and Orphanage for Bibb county.
Also, a bill to amend an Act to create a County Court in each county of the State of Georgia, except certain counties therein named, approved January 19, 1872, so far as relates to the county of Bibb-said amended Act was approved March 2, 1874.
Also, a bill to amend an Act to establish a Board of Commissioners for the county of Bibb, approved February 6, 1873, and to amend an Act amending said Act, approved March 2, 1874, so far as relates to the county of Bibb.
Also, a bill to revive for the year 1876 the merchanb' lien law.
Also, a bill to define an 1 regulate the mode of trial in certain civil causes in this State, and for other purposes.

292

JouR:sAL OF THE HousE

Also, a bill to repeal an Act for the payment of insolvent costs to the Solicitor General of the Macon Circuit, and for other purposes.
Also, a bill to amend the road laws of the State so far as the county of Chatham is concerned.
Also, a bill to limit the Ordinary of the county of Decatur in fixing the fees of the ,County Jailor.
Also, a bill to provide for supplemental proceedings against debtors after judgments against them and return of the executions unsatisfied.
Also, a bill to amend an Act to provide for a Board of Commissioners of Roads and Revenues for the counties of Camden, Thomas and Echols, so far as relates to the county of Camden.
Also, a bill to prescribe the manner of granting injunctions in certain cases.
Also, a bill to amend an Act to establish a City Court in the city of Atlanta, approved December 15, 1871.
Also, a bill to submit to the legal voters residing within one mile of the Georgia Railroad depot, in the town of Lithonia, in DeKalb county, the question of prohibiting the sale of spirituous liquors within said territory.
Also, a bill to submit the question of prohibiting the sale of spirituous liquors within the corporate limits of Blackshear, and for other purposes.
Also, a bill to provide for the creation of a Board of Commissioners of Roads and Revenue in the county of Oconee, and to define its powers and duties.
Also, a bill to regulate the compensation of Tax Col lector and Receiver for the county of Greene.
Also, a bill to alter and amend the third paragraph of the sixth section of the fifth article of the Constitution.
Also, a bill to amend an Act to incorporate the town of \Vrightsville, in the county of Johnson, approved February 23, 1866.
Also, a bill to make binding judgments rendered and to

FEBRUARY 4. 1876.
be rendered against executors, administrators, guardians and trustees.
Also, a bill to amend an Act for the relief of maimed and indigent soldiers, approved March 3, 1875.
Also, a bill to amend an Act to establish a Board of Commissioners of Roads and Revenue in the counties of Habersham and Lowndes, approved December I I, 1871, so as the provisions of said Act shall apply to the county of Rabun.
Also, a bill to authorize the transfer of criminal cases pending in the Superior Court of Taylor county, below the grade of felony, to the County Court of said county, and for other purposes.
Also, a bill to define the duties and fix the liabilities of receivers appointed for railroad companies, and for other purposes.
Also, a bill to regulate the legal advertising of the several counties of this State.
Also, a bill to repeal an Act entitled an Act to amend the garnishment laws of this State, approved February 20, 1873
Also, a bill to amend the road laws of this State so far as relates to the county of Fulton, etc.
Also, a bill to relieve plaintiffs inft. fa., in certain cases,
from the costs of advertising judicial sales.
Also, a bill to amend an Act to provide for a Board of County Commissioners for Decatur county, approved December 13, 1871, and to confer additional powers on said board.
Also, a bill to prevent the killing of partridges and wild turkeys by shooting, hunting, trapping and other means, in the county of Greene, and for other purposes.
Also, a bill to amend section 2617 of the Code of 1873. relating to the sale of land by foreign executors.

294

JOURNAL OF THE HoUSE

The following House bills were read the second time and referred to the Committee on Finance, to-wit:
A bill to amend the 204oth section of the Code of 1873, and for other purposes.
Also, a bill for the relief of George M. Davis, Tax Collector of Fayette county.
Also, a bill to require the Treasurers of Effingham, Clinch and Emanuel counties to receive and disburse the public school fund of said counties; to give additional bond for the same, and to limit the pay of School Commissioners of said counties.
Also, a bill to appropriate and remit the State tax of the county of Glynn for the year 1876 to said county, for the purpose of building a court house.
Also, a bill to amend an Act entitled an Act to alter and change and amend an Act to incorporate the town of Decatur, in the county of DeKalb, assented to December IO, 1823, approved March 3, 1856, to extend the corporate limits of said town, and confer additional powers upon the Commissioners of the same, and for other purposes.
Also, a bill to protect the citizens of Clinch county against loss in damages to stock killed or injured by the running of locomotives and other machinery on the Atlantic & Gulf Railroad, in this State.
Also, a bill for the relief of Malcolm Stafford, late auctioneer, in the county of Clarke.
Also, a bill to authorize the Mayor and Aldermen of the city of Cartersville, Bartow county, to assess a tax upon circus and other like performances, that may exhibit in said city of Cartersville.
Also, a bill to abolish the office of County Treasurer, so far as it relates to the county of Bibb.
Also, a bill to regulate the giving of mortgages on crops in this State, and for other purposes.
Also, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Cal-

FEBRUARY 4, 1876.

295

houn, approved February 22, 1873, and an amendment, approved February 26, 1875
Also, a bill to appropriate money to Solomon F. \Villiams, of Carroll county.
Also, a bill to fix and regulate the compensation of Ordinaries of this State, for receiving, filing, recording, and making returns of marriages, births, or deaths.
Also, a bill to regulate the compensation of Tax Collector and Receh'er for the county of Talbot. and fix the salary of the Treasurer for said county.
Also, a bill to regulate the pay of insol\"ent costs claimed by the county officers of Effingham county, and for other purposes.
Also, a bill for the payment of the Treasurer of the county of Effingham the amount of expenditure incurred by said county for the subsistence, transportation and guarding Thomas A. Gipperson, an insane citizen of said county.
Also, a bill to create and organize a County Court for the county of Habersham.
Also, a bill to provide for the payment of a judgment against the State of Georgia.
Also, a bill to alter and fix the pay of the County Treasurer of the county of DeKalb, and for other purposes.
Also, a bill to allow M. M. Landrum to practice medicine and collect fees for the same.
Also, a bill to make and constitute the Sheriff of the -county of Cobb ex-officio Tax Collector of said county, and for other purposes.
The following House bill was read the second time, and referred to the Committee on the Deaf and Dumb Asylum, to-wit:
A bill to provide for the admission of colored deaf mutes to the benefits of the Deaf and Dumb Asylum of this State, .and to appropriate money therefor.

296

} OURNAL OF THE HoUSE

The following House bills were read the second time, and referred to the Committee on Corporations, to-wit :
A bill to authorize the Mayor and Council of the city of Macon to issue certain bonds, and for other purposes.
Also, a bill to amend an Act to amend the charter of the town of Athens, approved August 24, 1872.
Also, a bill to authorize the consolidation of the Savannah, Skidaway & Seaboard Railroad Company, and the Coast Line Railroad, and for other purposes.
Also, a bill to incorporate the l\'lacon Gas Light and \Vater Company.
Also, a bill to amend an Act to authorize the Road Commissioners of the county of Bibb to use the labor of certain convicts in working the public roads, approved February 26, 1874,
Also, a bill to prohibit the sale of intoxicating liquors within a certain distance of the town of Carnesville.
Also, a bill to require each and every municipal corporation in Georgia, to assess and collect annually taxes, to pay at maturity the interest on their bonds, and to avoid the resignation of any officer to avoid service, and for other purposes.
Also, a bill to repeal an Act to authorize the Ordinary of Telfair county to issue bonds, etc.
Also, a bill to amend the various Acts incorporating the town of Franklin, in the county of Heard.
Also, a bill to prevent the sale of intoxicating liquors within one mile of Lulah Church, in Habersham county.
Also, a bill to alter and amend the charter of the town of Harlem in the county of Columbia.
The following House bills were read the second time, and referred to the Committee on Military, to-wit :
A bill for relief from jury duty of the \\'ashington Rifles,. of Washington county.
Also, a bill to exempt from jury duty in the courts held in the county of Fulton, members of the volunteer military

FEBRUARY 4, 1876.

297

company known as the Fulton Blues ; and, also, the members of the Board of Arbitration, appointed pursuant to the provisions of the charter of the Atlanta Chamber of Commerce, and for other purposes.
The following House bills were read the second time, and were ordered to be engrossed for a third reading, towit :
A bill to prevent setting fire to the woods.
Also, a bill to create an Act to amend the several Acts providing for the registration of voters, in the county of Chatham, approved February 23, 1873, and February 28, 1874, and for other purposes.
Also, a bill to incorporate the Blue Ridge Mining Company.
Also, a bill to create a Board of Commissioners of Roads for the county of Lee.
Also, a bill to consolidate the office of Tax Collector and Tax Receiver of the county of Gilmer, and prescribe his duties, and for other purposes.
Also, a bill to prohibit the sale of spirituous and malt liquors, bitters, brandy and other fruits, within three miles of Penfield, in the county of Greene.
Also, a bill to fix the compensation of the County Treasurer, of Meriwether county.
Also, a bill to consolidate the office of Tax Receiver with the office of Tax Collector, in the county of Pickens,. and for other purposes.
Also, a bill to preserve game in Mcintosh county, and punish unlawful hunting on Sapello Island.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Gwinnett, approved August 26, 1872, and an Act amendatory thereof, approved Man::h 2, lBJs.
Also, a bill to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton, in the county of Clay.

298

JouRNAL OF THE HousE

Also, a bill to prohibit the sale of intoxicating liquors within two miles of Sardis Church, in Cobb county.
The following House bills were read the second time, and referred to the Committee on Agriculture, to-wit:
A bill to establish market overt in certain cases, on request of the grand jury.
Also, a bill to amend the Act of February 22, 1875, extending section 4600 of the Code.
Also, a bill to extend the provisions of an Act to prescribe and enact a separate stock law for certain territory therein specified.
The following House bills were read the second time, and referred to the Committee on New Counties and County Lines, to-wit :
A bill to change the county line between the counties of Habersham and Franklin, by adding to the county of Franklin a portion of Habersham.
Also, a bill to change the line between the counties of Pierce and Charlton.
Also, a bill to repeal an Act entitled an Act to repeal the rst section of an Act to change the line between the counties of Chattahoochee and Stewart, as far as effects the residence of William V. Collier (now Alvy D. Harp), and R. D. Sigemore, approved March 2, 1874.
The following House bills were read a second time and referred to the Committee on Education, to-wit:
A bill to repeal an Act entitled an Act, approved March 3, 1874, to equitably adjust the claims of the colored race to a portion of the proceeds of the agricultural land scrip.
Also, a bill to empower the Building Committee of the Austell Collegiate Institute of the town of Fairburn, in Campbell county, to levy an ad valorem tax for the completion of said building, and for other purposes.
Also, a bill to provide for the establishment of State normal schools, and for other purposes.

FEBRUARY 4, 1876.

299

The following bill was read the second time and referred to the Committee of Internal Improvements, to-wit:
A bill to loan the credit of the State to the Marietta, Canton & Ellijay Railroad; and for other purposes, approved October 24, 1874.
The following bill was taken up under a suspension of the rules, and read the second time and committed, to-wit:
A bill to provide Road Commissioners for the several counties of this State, and for other purposes.
The following bill was read the second time, and by permission of the House was withdrawn, to-\'.;it:
A bill to extend the corporate limits of the town of \Vaynesboro, in the county of Burke.
The following bill was read the second time and referred to the Committee on Banks, to-wit:
A bill to incorporate the Middle Georgia Co-operative Association of the Patrons of Husbandry.
The following message was received from his Excellency the Governor through 1\Ir. \Varren, his Secretary, to-wit:
11-fr. Speaket : I am directed by his Excellency the Governor to dclin.:r
to the House of Representati\es a communication in writing.

On motion of Mr. Allred, the following report accompanying the Governor's message was taken up and read for information, to-wit:

EXECCTIVE DEPARTliiENT,

t

Atlanta, Ga., FebJUa7J' 4, 1876. J

To the House of Representatives :
In answer to a resolution of the House of Representatives requesting the Governor to furnish ''any information that may be in his possession to the General Assembly, in regard to the sale and disposition of the twelve hundr&d thousand dollars worth of bonds, issued under and by virtue

300

JouR!'AL oF THE Hot:sE

of the Act, approved February 19, 1873 ;" and further, that the Governor ''be requested to specially state how said bonds were sold, and for what amount they were sold," I ha\'e the honor to submit the following statement:
A resolution of like tenor with the foregoing was passed by the House of Representati\es at the last session of the General Assembly. I caused a copy of said resolution to be delivered to the Treasurer, and he was requested to furnish the information asked for therein. From the reply of the Treasurer, made February 25, 1875, and which was then transmitted to the House of Representativefi, the following extract is taken :
'In answer to a resolution of the House of Representatives inquiring as to the disposal of the $I, 200,000 eight per cents, issued under Act of February I 9, I 87 3, I have to say that they were disposed of by me at par, during the year I873, for cash in many instances, but a large portion in exchange for past due bonds and coupons, according to the provisions of that Act, and that I charged myself with that amount in my report of January r, 1874, and charged the State and received a warrant for $8,4I4-09 for expenses incurred therein. No positive information can be given as to the persons to whom they were disposed of, as, unlike registered bonds, being payable to bearer, and not having been required by law, no regular records have ever been kept of the persons applying for exchange or purchase. "
Since the date of that reply, no specific information in regard to the disposition of said bonds had been received by me until about the time of the removal of the late Treasurer from office. He then informed me that he had found in the vault of the treasury a book containing a partial statement of the sale of said bonds. Upon the rec;:eipt of the resolution to which this is an answer, imquiry ~s made of the Treasurer for said book, but it could not be found. Learning that it was in possession of the late

301
Treasurer, the Treasurer was instructed to request its return to the treasury. This request was complied with.
An examination of this record shows, that of the $1,200,000 of bonds issued under the Act referred to, $1,089,250 were sold to various persons, and that $50,000 were sent to the Fourth National Bank, New York. Of the remaining $6o, 750 of bonds, the names of purchasers do not appear.
The inquiry, ''for what amount they were sold," can best be answered by the following extract from the annual report of the Treasurer, submitted to the Governor January 1, 1874 Referring to the sale of bonds issued under .authority of the Act approved February 19, 1873, the Treasurer said :
"These bonds were advertised but a few days when the demand for them came up from our own people, and before they were prepared for issue the funds had been received and certificates issued for near two hundred thousand dollars, and this a little over a month after their advertisement. Holders of old bonds of the State, past due and unpaid, seeing the confidence with which these bonds were taken at home, began to send in their bonds for exchange in terms of the advertisement, and before the end of the Summer full two-thirds of the new bonds had been disposed of at par. The announcement of this fact, as well as the acknowledged excellence of the securities, increased the demand at home and elsewhere, and I have now the sincere pleasure to report and show to your Excellency that they are all disposed of; that they have been sold at par, and that the expenses of their sale, from the engrossing and printing of the bonds to the postage and express fees in negotiating and sending them away, have scarcely exceeded three-fourths of one per cent.''
The book does not contain, and I have not been able to ascertain from any other source, the dates of the sale or exchange of these bonds. The record is quite volumi-

302

JOCR~AL OF THE HOCSE

nous, but it has been deposited in the Treasurer's office, and is subject to the order of the General Assembly.
JAMES M. S~ITH.

Also, a bill to provide a jury in Justices' Courts for the trial of cases of forcible entry and detainer or forcible detainer.
Also, a bill to authorize County School Commissioners and members of County Boards of Education to administer oaths in certain cases.
Also, a bill to incorporate the Pigeon Roost Gold Mining Company.
Also, a bill to change the county line between the counties of Clinch and \Vare.
Also, a bill to tran;:;fer the county of T,,iggs from the Macon to the Oconee Judicial Circuit, and for other purposes.
Also, a bill to incorporate the St. Mary's Air Line Railroad Company.
Also, a bill to provide for the returns of administrators, executors, guardians and trustees removed from office by the proceedings of any proper court in this State.
Also, a bill to protect <J.nd presene unimpaired the right of trial by jury.
The next business in order being the reading of Senate bills the first time, the following Senate bills were read the first time, to-wit:
A bill to facilitate service on railroad companies in certain cases.
Also, a bill to amend the laws of this State for the prQotection of the State treasury, and for other purposes.
Also, a bill to regulate the law of insurance in this State. Also, a bill to regulate the fees of Tax Collectors an.d Tax Receivers of this State. On motion of Mr. Brown, the House then adjourned until 10 o'clock a. m., to-morrow.

FEBRUARY 5, 1876.

303

ATLANTA, GEORGIA, }
February 5, 1876.
The House met pursuant to adjournment, was called to order by the Speaker and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with.
The Journal of yesterday was read and approved.
Mr. Mathews, of Berrien, moved to reconsider so much of the action of the House as relates to its action on the following bill, to-wit:
A bill to prohibit persons from fishing and hunting on the enclosed lands of another, and providing for a punishment for the same.
On motion of Mr. Mathews, the rules were suspended, and the bill was taken up for consideration, and after being further amended was then passed.
Mr. Warren, chairman of the Committee on Finance, reported the following bill back to the House, to-wit :
A bill making appropriations for the Executive, Legislative and Judicial Departments of the Government, andfor other purposes, for the year I 8;6.
On motion of Mr. Warren, two hundred copies of the bill were ordered printed for the use of the House, and thebill made the special order of 'vVedncsday next.
On motion of Mr. Cobb, Major G. H. Randall was invite 1 to a seat upon the floor of the House during his stay in the city.
Mr. Lawton, chairman of the Committee on the J udiciary, submitted the following report, to-wit:
Mr. Speaker: The Committee on the Judiciary have had under consid-
eration the following bills, and recommend the passage of the same, to-wit:
A bill to regulate the sale of poisons in this State. Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Musco,;ee.

-304

JouRNAL oF THE HousE

Also, a bill to amend section 4 I 27 of the Code of Georgia, relating to jury fees, and for other purposes.
Also, the following bill, which they recommend do pass, with an amendment herewith submitted, to-wit:
A bill to regulate the sale of opium in this State.
Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, towit:
A bill to prohibit the sale of spirituous liquors within one mile of Edgewood Church, in Fulton county.
Also, a bill to fix the manner of collecting costs in civil .cases.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to require Ordinaries of the several counties in this State to make annual reports to grand juries.
Also, a bill to provide for the payment of insolvent costs in the county of Jackson.
Also, the following Senate bills, which they recommend do pass, to-wit:
A bill to provide for the adjustment of the rights of parties in cases where property which has been set apart under the homestead and exemption laws of this State has heretofore been sold.
Also, a bill to alter and amend section 383 of the Code of Georgia, etc.
Also, a bill to define and punish criminal negligence. Also, a bill to define the time within which proceedings to set aside judgments and decrees of courts must be instituted.
Also, the following bill, which they recommend do pass as amended, to-wit:
A bill for the relief of A. B. Kerse and Barnett Kerse. Also, the following Senate bill, which they recommend do not pass, to-wit : A bill to alter and amend section 860 of the Code of

s. FEBRUARY 1876.

305

Georgia, regulating the manner of allowing Tax Collectors insolvent lists.
Mr. Jones, of Burke, chairman of the Committee on Agriculture, submitted the following report, to-wit:
Jlfr. Speaker :
The Committee on Agriculture have had under consideration the following bills, and beg leave to make the fol.lowing report, to-wit:
A bill to be entitled an Act to prevent fishing in the waters of \Vorth county, with seines, traps, gill nets, or otherwise, except as hereinafter provided, and recommend that the same do pass.
Also, the following bills, which they recommend do pass with the amendments proposed, to-wit :
A bill for the protection of the farmers of Charlton county.
Also, a bill to be entitled an Act to authorize the Governor to procure standard weights and measures, and to distribute the same.
Also, a bill to regulate the sale of agricultural products in the county of Hancock.
The following message was received from the Senate through Mr. l\1 urphey, the Secretary thereof:
iJir. Speaker:
The Senate has concurred in a resolution of the House of Representatives, calling attention of our representatives in Congress to outrages perpetrated by revenue officers upon citizens of this State.
The Senate has passed the following bills, to-wit:
A bill to change the time required for the service of subpa:nas duces tecum, as prescribed in section 3514 of the Code of 1873
Also; a bill to fix the fees of the jailor of Twiggs county for dieting prisoners.
Also, a bill to amend section 3972 of the Code.
20

306

JoL'R::-iAL OF THE HocsE

Also, a bill to amend an Act to prohibit hunting on the lands of another, in the counties of Quitman and Camden.
Also, a bill to alter the laws of this State relative to the summary establishment of lost papers.
Also, a bill to amend an Act to prescribe the mode of granting license to sell spirituous liquors, in the counties of Burke, Jefferson and \Vashington, approved February 20, 1873, so as to apply the provisions of this Act to the county of Liberty.
Also, a bill to amend the garnishment law of this State. Also, a bill to repeal so much of the present general school law as requires the county school fund to be apportioned among the sub-districts. Also, a bill to authorize the granting of one new trial by the Superior Courts in civil cases. Also, a bill to keep open, remove and prevent obstructions to the fre~ passage of fish in the Kinchafoonce creek. Also, a bill to authorize the Ordinary or Board of Commissioners of Stewart county, to hire out the prisoners confined in the jail of said county. Also, a bill to amend section I 540 of the Code, and to confer additional powers upon the Commissioners of Pilotage for the bar of St. Simons and Turtle rivers, and the bar of St. Ande\vs and St. lila rivers. Also, a bill to provide the tribunal, where claims and illegalities interposed to executions issued from the courts of Ordinary, shall be tried.
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to change the line between the counties of Clinch and Coffee.
Also, a bill to provide that the Treasurer of Richmond county, shall be allowed a salary, and to fix the amount thereof, and for other purposes.
The Senate has passed the following bill of the House of Representatives with an amendment thereto, in which they

307

ask the concurrence of the House of Representatives, to-

wit: A bill to exempt from garnishment the wages of jour-
neymen mechanics and day laborers.

The regular order of business being the reading of

House bills the third time, the following bills were read the

third time and disposed of as hereinafter specified, to-\vit :

A bill to organize a Criminal Court for the county of

Burke. The Committe<: on the Judiciary, to whom this bill had
been referred, reportt.:d the same back, with the recommendation that it do not pa~s; whereupon Mr. Shewmake

mov<:d to disagree with the report, which motion pre-

vailed. l'vir. Shewmake off<:red several amendments to the bill,

\\hich were adopted, and the bill, as amended, then passed.

Also, a bill to change the line between the counties ofTatt-

nall and Liberty. Recommitted to the Committee on New

Counties and County Lines. Also, a bill to lay out and organize a new county from

the county of Decatur. Recommitted to the Committee on New Counties and County Lines.

Also, a bill to change the line between the counties of

Decatur and Thomas. Lost.

Also, a bill to amend an Act to incorporate the City

Bank of Macon, approved February 28, 1874The Committee on Banks, to whom this bill had been

referred, reported the same back, with the recommenda-

tion that the same do pass as amended.

The amendment proposed by the committee was

agreed to. Upon the passage of the bill as amended, a constitu-

tional majority of two-thirds being required, the vote was

taken by yeas and nays.

Those voting in the affirmative arc-Messrs.

Anderson,

Fannin,

Potts,

Atkinson,

Graham, of Dooly, Parker,

:308

JouR:>AL oF THE HousE

Allred,

Grimes,

Alderman,

of Muscogee,

Bacon, of Bibb, Hamilton,

Bacon, of Liberty,

of Clinch,

Barnwell,

Hoge,

Brown,

Holland,

Black,

Humber,

Blue,

Hutchins,

Battle,

Hammond,

Bennett,

Hall,

Burns,

Henderson,

Binion,

Holcombe,

Carter, of \Valton, Irwin,

Craig, of Bibb,, Jamison,

Craig, of White, Jones, of Burke,

Camp,

Jones,

Cassidy,

of Crawford,

Carleton,

Kennedy,

of Clarke,

of Bulloch,

Crymes,

King,

Calhoun,

Kilpatrick,

of Fulton, Lang.

Cobb,

Lawton,

Candler,

Lindley,

Clements,

Lampkin,

of Whitfield, Leach,

Clements,

Livingston,

of Walker, McKinly,

Crawford,

:Mathews,

Clarke,

l\IcGill,

DeLoach,

l\Ioss,

Duggar,

l\leadows,

Duggan,

Miller, of \Vare,

Dyer,

Neal,

Duke,

Nelms,

Davis,

Norman,

Peden, Pitman, Rankin, Ridley, Revill, Shewmake, Shellnut, Saunders, Stallings, Smith, of Dawson, Smith, of\Vebster, Sapp, Simmons, Skelton, Spinks, Stewart,
of Rockdale, Stewart, of Sumter, Searcy, Terrell, Turnbull, Turner, of Brooks, Turner, of Floyd, Tumlin, \Varren, Whittle, \ Vilson, of Oconee, \Vilson, of Fulton, \\.ilcoxon, \\'inningham, \Vestbrook, \Vilcher, \Vare, Wynn, \Villis, of Greene, Willis, ofMacon,

FEBRUARY 5, 1876.

309'

Elkins, Fie klan,

Pierce, Padget,

\Varner, \Vofford.

Y cas, 11 r. :\Ir. Fain voted no.

So the bill, as amended, passed by the requisite constitutional majority.

Also, a bill to fix the manner of collecting costs in civil cases in this State.

The Committee on the Judiciary, to whom this bill had been referred, reported the same back to the House, with the recommendation that it do pass by the following substitute, to-wit:
A bill to better regulate trial of suits for divorce, and to secure the costs thereof.
::VIr. Black offered the following amendment to the bill reported by the committee: ''Amend by striking out so much as relates to costs, in the 1st section."

Mr. Henderson moved to indefinitely postpone the bill, which motion prevailed.
Also, a bill to change the line bet\veen the counties of DeKalb and Rockdale. Recommitted to the Committee on New Counties and County Lines.
Also, a bill to regulate the sale of opium and the preparations therefrom. Passed as amended.
Also, a bill to change the line between the counties of Pulaski and Dodge.

The Committee on New Counties and County Lines, to whom the bill was referred, reported the same back, with the recommendation that it do pass.

Mr. \Vare, of Heard, offered the following amendment to the bill: Amend by striking out "lot of land No. 205," and insert in lieu thereof '' lot of land No. 204. ''

The amendment was adopted, and the bill as amended then passed.
Also, a bill to regulate the sale of poisons in this State. Passed.

310

JouRKAL OF THE HousE

Also, a bill for the protection of the farmers of the county of Charlton. Amended and passed.
Also, a bill to amend section 4 I 27 of the Revised Code of I873 Passed.
Also, a bill to require Ordinaries of the several counties of this State to make annual reports in writing to the grand juries of their respective counties, and for other purposes. \Vithdrawn.
Also, a bill to prohibit the sale of spirituous or malt liquors within one mile of Edgewood Church, in Fulton county, except within the incorporate limits of the city of Atlanta. Passed by substitute.
Also, a bill to regulate the sale of agricultural products in the county of Hancock.
The Committee on Agriculture, to whom this bill had been referred, reported the same back, with the recommendation that it do pass as amended.
Mr. Ficklan offered the following additional amendment to the bill : ''Amend by extending the provisions of the Act to the counties of Crawford and Taylor."
The amendment proposed was adopted, and the bill as amended \\as then passed.
Also, a bill to change the line between the counties of Jones and Baldwin. Lost.
Also, a bill to change the line between the counties of Laurens and Johnson.
Mr. Tumlin mo\ed to amend the bilt as follows: ''That the line between the counties of Randolph and Tenell be so changed as to include lot of land No. I I 3, now in the I Ith District of Terrell county, in the county of Randolph."'
The amendment proposed was adopted, and the bill as amended \Vas then passed.
Also, a bill to authorize the Go\ernor to procure standard weights and measures, and distribute the same. Amended and passed.

s. FEBRUARY 1876.

311

Abo, a bill to prescribe the mode of granting license to

sell intoxicating liquors in the county of Muscogee, and for other purposes. Lost.
On motion of Mr. Rankin, the rules were suspended,

and the following bill taken up and the Senate amendment

thereto concurred in, to-wit:

A bill to exempt from process of garnishment the wages

,of journeymen mechanics and day laborers.

,

On motion of Mr. Duggan, the rules were further suspended, and the following bill was introduced and read the first time, to-wit:

A bill to appropriate money for the use and improvement of the State Lunatic Asylum.
On motion of Mr. \Valsh, the following bill was taken from the table for consideration, to-wit:

A bill to amend an Act to provide for the manner of issuing county and municipal bonds, and for other purposes, so far as the same excepts the city of Augusta from the operations of said Act.
Mr. \Valsh offered a substitute for the bill, which was adopted, and the bill passed by substitute.

Order of business resumed.

A bill to amend the jury la\\'S of this State, so far as the same relates to the county of Richmond, and for other purposes. Passed.
Also, a bill to amend an A.ct, approved March 2, I 875, to exempt locomotive engineers in the employment of railroad companies in this State from jury duty, and for other purposes. Passed.
Also, a bill to amend an Act to provide a Board of Roads and Revenue for the county of Douglas. Passed.
Also, a bill to provide that County Treasurers, Tax Collectors, School Commissioners, and other officers of the State holding trust funds, shall take an additional oath, and for other purposes. Recommitted to the Committee ,on the Judiciary.

312

Jot;R:.IAL oF THE HousE

Also, a bill to amend an Act to provide for the registration of Electors in certian counties therein named, approved February 23, 1875. Passed.
Also, a bill to authorize the voters of the town of Dahlonega to hold an election for an Intendent and Board of Town Commissioners. Passed.
A!so, a bill to prevent fishing in the waters of \Vorth county, with seines, gill nets, traps, or otherwise, except as herein provided. Passed.
Also, a bill to change the line between the counties of Taliaferro and Greene. Passed.
Also, a bill to change the line bet\\een the counties of Murray .and Gordon. Laid on the table.
Also, a bill to ratify and confirm the sale of Gilmer street, in the town of Perry. Passed.
Also, a bill to amend the several Acts providing for the registration of voters in the county of Chatham, approved, respectively, February 21, 1873, and February 28, 1874, and for other purposes. Passed.
Also, a bill to prevent setting fire to the woods in this State. Recommitted to the Committee on Agriculture.
Also, a bill to consolidate the office of Tax Receiver with the office of Tax Collector in the county of Pickens, and
for other purposes. Passed. Also, a bill to fix the compensation of the County Treas-
urer of Meriwether county. Laid on the table. Also, a bill to consolidate the office of Tax Collector
and Receiver of the county of Gilmer, to prescribe his duties and compensation, and for other purposes. Passed.
Also, a bill to prohibit the retailing of spirituous liquors within three miles of Penfield, in the county of Greene. Passed.
Also, a bill to revive and amend for Mcintosh county the Act entitled an Act to prevent the destruction of game in the counties of Liberty and Mcintosh, approved March 2, 1874, and for the protection of deer on Sapello Island~ Passed.

FEBRUARY 1 1876.

313

Leave of absence ,,as granted Messrs. Simpson and Black.
On motion of ::\ir. Crymes, the House then adjourned until IO o'clock a. m., on Monday next.

f ATI.A~TA, GEORGIA,

'

Febmary 7, 1876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.

The call of the roll was, on motion, dispensed with.

The Journal of Saturday last was read and approved. Mr. Meadows moved to reconsider so much of the action of the House as relates to its action on the following bill, to-wit : A bill to regulate the sale of opium and the preparations therefrom in this State. The motion to reconsider prevailed.

l\Ir. \Villiams moved to reconsider so much of the action of the House as relates to its action on the following bill~ to-wit:

A bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside of the corporate limits of the city of Columbus, and for other purposes.
On the motion to reconsider, Mr. Grimes called for the yeas and nays, which call was not sustained, and the motion to reconsider then prevailed.

Mr. \Valsh moved to reconsider so much of the action of the House as relates to its action on the following bill, towit:
A bill to alter and amend an Act to provide for the manner of issuing county and municipal bonds, and to declare all bonds issued contrary thereto null and void, so far as

314

JocR~AL OF TilE HocsE

the same excepts the city of Augusta from the operations of the Act. The motion to reconsider prevailed.
On motion of Mr. \Villiams the rules were suspended, and the following bill reconsidered, was taken up for further consideration, to-wit:
A bill to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside of the corporate limits of the city of Columbus, and for other purposes.
:Mr. Grimes moved to indefinitely postpone the bill, which motion did not prevail.
1\Ir. Harrison moved to recommit the bill for the purpose of amendment, which motion prevailed.
Mr. Henderson moved to amend by extending the provisions of the bill to the county of Stewart, which amendment was adopted.
The bill as amended then passed.
On motion of Mr. Turnbull, the rules ,,-ere suspended, and the follo\\'ing Senate bill was taken up for a third reading, to-wit:
A bill for the relief of A. B. Kerse and Ihrnctt Kcrse, of the county of \Vorth.
The Committee on the Judiciary to whom this bill was referred, reported the same back to the House, with the recommendation that it do pass as amended.
After some time spent in the consideration of the bill, Mr. Henderson called for the previous question, which call was sustained.
The report of the Committee \\as then agreed to, and the bill as amended was passed.
Mr. Hoge offered the following resolution to-wit:
Rcsohed, That after to-day, the sessions of this House
shall be as follows: From 915' o'clock a. m., to 1 o'clock p. m. From 3 o'clock p. m., to 5Yz o'clock p. m. That
during each session the order of business prescribed by the printed rules of the House shall be followed, except when the rules arc suspended in the manner therein named.

FEBRUARY 7, 1876.

315

On motion of Hoge, the rules were suspended, and the resolution taken up and read the second time, and agreed to.
Mr. Meadows offered the following resolution, which was read and agreed, to-wit:
ResohNd, That a seat upon the floor of the House be
. tendered Hon. J. N. Montgomery during his stay in the
city. Mr. Graham, chairman of the Committee on EnrolL
ment, made the following report, to-wit:
.Mr. Spe-aker: The Committee on Enrollment report as duly enrolled,
signed by the President and Secretary of the Senate, and ready for the signatures of the Speaker and Clerk of the House of Representatives, the following Acts, to-wit:
An Act to alter and amend an Act entitled an Act to prohibit the sale of intoxicating liquors in the county of Putnam, outside of the corporate limits of the town of Eatonton, except under the authority granted for the same, and for other purposes, approved February 16, 1875.
Also, an Act to repeal an Act entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Gilmer, and a Board of Commissioners of Roads for the county of Terrell, approved February 15, 1873, so far as the same relates to the county of Gilmer.
Also, an Act to regulate the pay of grand and petit jurors in the county of 'vVorth, and for other purposes.
Mr. \Varre11, chairman of the Committee on Finance, 5ubmitted the following report, to-wit:
.Mr. Speaker: The Committee on Finance have had under considera-
tion the fo\lmving bills, which they recommend do pass, to-wit:
A bill to regulate the pay of grand and petit jurors in the county of Miller.

31~

JocRxAL OF TilE HocsE

Also, a hill to regulate the compensation of the Tax Receiver and Tax Collector of the county of Meriwether.
Also, a bill to provide per diem pay for the Criminal Court jurors of \Vebster county, and for other purposes.
Also, a bill to authorize the County Treasurer of Screven county to pay certain orders of the Judge of the Superior Court for compensation of certain officers for extra services.
Also, a bill. to render certain the compensation of the County Judge of Richmond county for attending to county business.
Also, a bill to amend the 2040th section of the Code of 1873, and for other purposes.
They have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to appropriate and remit the State tax of the county of Glynn for the year 1876 to said county, for the purpose of building a court house.
Also, a bill to appropriate money to pay P. 1\L Roberts for cross ties furnished the \Vestern & Atlantic Railroad.
Also, a bill to exempt from taxation, by county and municipal authority, certain professions, so long as the same are taxed by the State.
Also, a bill to revive an Act approved December 12, I 871, and for other purposes.
Also, a bill to allow Simeon \Vheatlcy, of the county of Wilkes, to peddle without license.
Also, a bill to provide for a State currency, and for other purposes.
Also, a bill for the relief of Mrs. Catharine \Vilson, of the county of Chatham, from the payment of taxes due to the State of Georgia and the county of Chatham for the year I 870, and for other purposes.
They have also had under consideration the following bill, which they recommend do pass as amended, to-wit:
A bill to regulate the pay of jurors in Macon county.
They have also had under consideration the follow-

FEBRL'ARY J, I8J6.

317

ing bills, which they recommend be referred to the Judiciary Committee, to-wit:
A bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Harris, and to fix the salary of Tax Collector and County Treasurer of said county.
Also, a bill to fix the compensation of Tax Collector and Tax Receiver, County Treasurer, and the per diem pay of jurors, in the county of \Vashington, and for other purposes.
l\Ir. Graham, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Jlfr. Speaktr: The Committee on Enrollment report as duly enrolled
and ready for the signature of the Speaker of the House of Representatives the following bills, to-wit:
A bill to change the line between the counties of Clinch and Coffee.
Also, a bill to provide that the Treasurer of Richmond -county shall be allowed a salary, and to fix the amount thereof, and for other purposes.
Also, a bill to exempt from process of garnishment the wages of journeymen mechanics and day laborers.
1\'Ir. Graham, chairman of the Committee on Enrollment, submitted the following additional report, to-wit:
.:lfr. ~)pea!.cr:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, ami delivered to his Excellency the Governor, the following bills, to-wit:
A bill to change the line between the counties of Clinch and Coffee.
Also, a bill to provide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes.

318

JouR~AL OF TilE HocsE

Also, a bill to exempt from process of garnishment the wages of journeymen mechanics and day laborers.
The regular order of business being the caii of the counties for the introduction of new matter, the Clerk proceeded with the caii, when the foilowing biils were introduced and read the first time, to-wit:
By Mr. CoileyA biii to regulate the fees of Constables in the county of Wilkes.
By Mr. Clements, of Whitfield-
A biii to authorize the Solicitors General of the State to enter a nolle prosequi in certain cases, and for other purposes.
By l\:Ir. Smith, of \VebsterA bill to authorize Dr. John R. Simmons, of .Americus, Georgia, to practice medicine free from tax and license throughout the State of Georgia. Mr. Smith, of \Vebster, introduced the follo\\'ing resolution, which ,,as read, to-wit:
A resolution for the relief of G. C. \Vise, late Tax Collector of \Vebster county, and his securities.
By Mr. SpeerA bill to incorporate the Merchants and Planters Bank of Griffin, Georgia. Mr. Baker, chairman of the Committee on the Lunatic Asylum, submitted the foilowing report, to-wit:
Mr. Speaker:
The Committee on the State Lunatic Asylum beg leave to submit the following report :
After a visit to that institution, and a careful inspection of its different departments, we would respectfuiiy submit that we find the institution in a prosperous and excellent condition-just such as reflects much credit on the Trustees . and the entire corps of officers connected with and entrusted with its management. The medical department connected

FEHRUARY 7, 1876.

31~

with its government we find, after a careful examination, to be as perfect and as well conducted as it can be with the means at the command of those in charge. \Ve find the department deficient in medical books and instruments, and, in view of the fact that we believe it would be greatly to the benefit of the unfortunate inmates in allowing the medical officers to more perfectly and successfully apply means of relief, we would respectfully recommend the appropriation of two hundred and fifty dollars to supply said deficiency.
The laundry department of the institution, after a close and scrutinous examination, we found to be neatly kept, and, so far as we were able to judge, properly managed. The modern appliances of art, for the purpose of affording 1.cility and dispatch to the work belonging to that department, we found in full play, and everything else well adapted to the purposes designed.
The engineer's department of the institution we found in a most excellent condition; the engines, pumps and machinery in good order; also, the rooms are kept in a neat and tidy condition, and the tools of this department are in fine condition. \Ye also commend the gentlemanly engineer who has charge of that section of the institution (l\lr. Wilcox) for the manner in which everything is workd pertaining to his department.
After a very thorough inspection of the halls of the institutioP, and the patients, we beg leave to report that we found the hall and room floors beautifully clean, showing the utmost care and attention on the part of those in immediate charge of them. A few of the floors are old, with. large open cracks, but we learn that the Trustees intend unflooring of them and sub~tituting good flooring. The patients are well clothed, and show every evidence of being well and cleanly cared for. There are several water closets, especially in the old buildings, which give out a sort of offensive, injurious odor, but this, we believe, cannot be

'320

Jot:RNAL OF THE HocsE

remedied except by increasing the supply of water; and, therefore, we heartily endorse the suggestions in the Trus-

tees' report to his Excellency the Governor, to increase

the water facilities of the institution. This, we feel, cannot

be too earnestly advocated. We would further respectfully

recommend the erection of a separate and cheap department for the care and training of idiots.

\Ve found, upon examination into the treasurer's and steward's departments of the institution, their books neatly

and correctly kept, and the vouchers properly numbered

and filed away. The steward, we found, has been very

careful in purchasing of supplies, and, by his good judg-

ment and economy, we find him fully competent for the

position he occupies. The Trustees, by their judicious management, assisted by

the officers of the Asylum, have greatly reduced the ex

penses of the institution, leaving $20,000 of the last year's

appropriation still in the hands of the State Treasurer,

which amount we recommend be appropriated to complete a good system of \\ater-works. \\'e find cash on hand,

December 1, $236.73.

Amount received for pay-patients .

. $ 8, 48 I 8 r

Amount of sale of Florida old warrants . Amount of miscellaneous resources . .

1,695 oo 7 I 7 05

\\'e find the average number of pay-patients to be about

twenty ; the average amount paid by each pay-patient, per

annum, $350.00.

\Ve can not speak in too high terms of the able and ef-

ficient manner in which the officers in charge of this depart-

ment have discharged their duties; and feel it our duty to make special mention of Mr. Flemming G. Grie\e, secre-

tary, for the very able, neat and correct manner in which he has discharged his duties.
\Ve found, on examination of the buildings and the

grounds connected with them, thatthey were in good condi-

tion with the little exceptions mentioned as aforesaid. The

321
plastering on the old building, we noticed in many places, was falling off; but the Trustees, we think, are doing a sensible and economical work in using the old plastering to paint the buildings with in lieu of the plastering.
The public grounds we found in an excellent, neat, sanitary condition, with nothing connected with the sewerage -department of the institution to beget disease or endanger life. \Ve cheerfully commend the improvements that have been made in the front yards of the asylum buildings, b)r planting them out and cultivating them in flowers and shrubbery, as we think it will be a source of much amusement and diversion to the inmates.
\ Ve think there are several rooms on the lower floors of the new and old buildings, on the male side, that might, with but little cost, be utilized, that are now unfinished and vacant; and, in view of our appreciation of the heavy bur-den of taxation that is upon our people, would respectfully Tecommend that if, in the opinion of the Trustees and other officers of the institution, these rooms could be finished up .and used in safety, and without endangering the life and health of an inmate, that such be done.
After a full and careful examination of the culinary dcpartment of the institution, we beg leave to report that, .after such examination, we are gratified to know that no effort, on the part of the managers of this branch of the institution, has been spared to make it, in all respects, suited to the wants of the inmates. Connected with the asylum we notice a garden, under the immediate management of a skillful gardener, planted exclusively in vegetables for the use of the inmates. This garden contains nineteen acres, and is highly enriched by compost made from the barnyard of the asylum. This garden is situated on a creek one-half mile south of the asylum, where the land is naturally very productive and well adapted to the production of garden products. It is invaluable to the institution, .even upon a score of economy, without taking into consid-
21

]ocR::\.\!".. OF THE HousE
eration the indispensability a vegetable diet ts to such a class of patients as make up the inmates of the asylum. Besides this interest manifested in the garden department, we notice, also, that the officials have under their supervision a farm, cultivated by the employees of the asylum, and, in some instances, assisted by the patients, voluntarily, of the asylum. On this farm they have been very successful in raising products in very great variety, which has been a very great saving to the State, in assisting in the support of the institution. They have made upon the farm sweet potatoes enough to supply the wants of that institution, which is, of itself, no small interest.
\Ve find another very valuable acquisition added to this institution, and that is the dairy department. By this acquisition, they arc enabled to supply milk almost sufficient for this institution, which, we arc informed by the officials of the asylum, requires no little for its support, and for the supply of which the State at one time bore a heavy burden.
It is with pleasure that we notice the success of the poultry department belonging to the institution. Besides the poultry raised and eat, they are enabled to furnish eggs sufficient for the inmates.
\Ve notice with pleasure the hog raising by the institution. \Vith very little feed or cost, the officials have been able to raise nine thousand pounds of pork-raised almost entirely off of the waste and refuse about the asylum. The stock of hogs now reported to be on hand is one hundred and thirty head.
Your committee, believing that such a course in officials of that institution works a very great saving to the State and convenience of the asylum, therefore most cheerfully endorses the action of the officers in this management, and feel that we are not authorized to make any suggestion for their guidance-they having exhibited a most thorough understanding of what is needful and necessary fop the numerous wants of this unfortunate class.

FEBRUARY 7 1876.

323-

We beg leave, in conclusion, to recommend the appro-

priation of

dollars, to be used for the erection

of substantial buildings for the accommodation of one

hundred additional patients demanding admission into the

institution. \Ve further recommend that the law be so

amended as to vest in the superintendent of the institution

a wise discretion as to the recepti()n or rejection of appE-

cants for admission into the institution-in respect, espe-

cially, to the utility of such admissions; and that all

citizens of Georgia adjudged to be lunatic, epileptic or

idiotic, shall be received, according to the above discretion

of the General Superintendent, on equal terms, whether

pauper or not, and, where extra attention or luxuries are

asked, to be paid for by contract between the officials of

the institution and the saiu patient's representative, under

regulations prescribed by the Trustees of the imtitution.

All of \\'hich is respectfully submitted.

THOS. H. B.\KER, Chairman.

On motion of l\Ir. Baker, t\Yo hundred copies of the foregoing report were ordered printed for the use of the House.
The call of the counties was resumed. By l\Ir. Stev.:art, of RockdaleA bill to amend an Act entitled an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade and other counties therein named, and the town of Palmetto, in the county of Campbell. By Mr. BlackA bill prescribing the time and manner of making and hearing motions for new trials in criminal cases before the County Courts of this State. Also, a bill to require the Mayor of the city of Augusta to discharge the duties of the Recorder of said city, and for other purposes. Also, a bill to require the courts of this State to render judgment at the first term, in certain cases, and for oth( r purposes.

JouRX.\L OF THE HoLs~-:
By l\Ir. HarraH-
A bill to change the incorporate limits of the town of Cochran, in the county of Pulaski, and for other purposes.
Ry :\Ir. \Vilson, of OconeeA bill to amend an Act entitled an Act to extend the corporate limits of the town of \Vatkinsville, in the county of Oconee, and for other purposes. Ry ~Ir. WoffordA bill to compel the officers and municipal authorities of cities, towns and villages to impartially discharge their duties, and for other purposes. By :Mr. SkeltonA bill for the relief of \ Yilliam Buice, of the county of l\'lilton.
By Mr. ReYillA bill to amend an Act entitled an Act to amend an Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, approved March 2, 1874, and for other purposes.
By Mr. ChappellA bill to repeal so much of an Act as applies to the county of Laurens, entitled an Act to create an Advisory Board for the counties of Laurens and Glascock-said Act apprO\-cd February 2 2, 1R75. By Mr. HollandA bill to prohibit the sale of intoxicating liquors within three miles of Reed Creek Baptist Church and Harmony Grove Presbyterian Church, in the county of Hart.
Ry :\Ir. RankinA bill to authorize and empower the Trustees of Salacoa Academy, of Gordon county, to sell the same, and for other purposes.
By .Mr. McGillA bill to protect farm products 111 the county of Decatur, and for other purposes.

FEBRL1ARY 7. I87G.

325

By Mr. WilcherA bill to better perfect the propagation of shad in the Ogeechee river, and for other purposes.
By Mr. McGillA bill to regulate the pay of jurors in the county of Decatur.
By Mr. BlueA bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Glynn. Also, a bill to authorize the Clerk of the Superior Court of Glynn county to plead and practice law in certain court:;, and for other purposes.
By Mr. WilcherA bill to regulate the receiving of tax returns in this State.
By Mr. PadgetA bill to change the time of holding the Superior Court for the county of Echols. By Mr. Calhoun, of FultonA bill to extend the jurisdiction of Justices of the Peace, Notaries Public and ex-officio Justices of the Peace of the 1026th and 1 234th Districts Georgia Militia, of Fulton county. By Mr. SappA bill to exempt persons over forty-fi\c years of age from road duty in the county of Dodge. By Mr. DuncanA bill to amend an Act, approved March 2, 1874, to extend the jurisdiction of the Justice's Court of the district embracing the county site of the county of Clinch, and apply the provisions of the same to the district embracing the county site of the county of Douglas. Also, a bill to amend an Act, approved February 26, 1875, regulating the sale of spirituous liquors in certain counties therein named, so as to apply the provisions of said Act to the county of Douglas.

3213

JouR:s-AL or. THE HousE

By Mr. Hamilton, of ClinchA bill to incorporate the town of Stockton, in the county of Clinch, and for other purposes. By Mr. LawtonA bill for the relief of the heirs of Col. Mordecai Sheftall. Also, a bill to explain and amend the first section of an Act entitled an Act to incorporate the Episcopal Church in Savannah, known as Christ Church. By Mr. \VarrenA bill to amend the charter of the Vernon Shell Road Company. By l\Ir. ShellnutA bill to change the line between the counties of Carroll and Heard.
Mr. Jones, of Burke, chairman of the Committee on Agriculture, introduced the following bill, to-wit:
A bill to provide for the printing of the Department of Agriculture of the State of Georgia.
By Mr. NelmsA bill to amend section 3850 of the Code of Georgia, and for other purposes. By l\Tr. BakerA bill to change the corporate line of the city of Cartersville. Also, a bill to create a Criminal Court for the county of Bartow. By Mr. Clements, of \VhitfieldA bill to authorize Judges of the Superior Courts in this State to strike criminal cases from the docket, under certain circumstances, and for other purposes.
l\Ir. Baker offered the following resolution, to-wit :
Resolved, That the Governor furnish the General Assembly with all the information in his possession relative to the share of A. H. Stephens in the lease of the \Vestern & Atlantic Railroad; whether the State has ever accepted

FEBRUARY 7, 1876.

327

the donation, and if so, ,,hat amount of dividends has accrued to the State, and if so, how much?
The following message \\"as received from the Senate, through Mr. Murphey, the Secretary thereof:
_Jfr. Speaker : The Senate has passed the following bills, to-wit :
A bill to provide for the compensation of the Judge of the County Court; to regulate the fees of the County Solicitor, in certain cases, and for other purposes, so far as the same relates to the county of Carroll.
Also, a bill to prohibit the sale of intoxicating liquors at Suwanee, in the county of Gwinnett.
Also, a bill to change the time of holding the Superior Court of \Vashington county.
Also, a bill to authorize Ernest G. Roch, an alien, to practice law in this State.
Also, a bill to amend section 283 of the Code of 1873 in relation to the special jurisdiction of the County Court Judges.
Also, a bill for the relief of John A. Houser and F. M. Houser, of the county of Houston, and F. l\L Houser, of the county of Chatham.
Also, a bill to amend section 894 of the Code of 187 3 Also, a bill to change the line between the counties of Coffee and Clinch. Also, a bill to prohibit the sale of intoxicating liquors within three miles of Pleasant Springs Church and New Bethel Church, in \Vashington county. Also, a bill to amend an Act for the protection of deer, partridges and wild turkeys, in the counties of Chatham and Bryan, and for other purposes, so as to include Camden, Bartow, Putnam and Floyd counties.
The Senate has agreed to a resolution authorizing and requiring the Governor to appoint a Board of Visitors to the Deaf and Dumb Institute, at Cave Spring, in which they ask the concurrence of the House of Representa,tives.

328

JouRXAL oF TBE HocsE

The Senate has concurred in an amendment of the

House of Representatives to the following bill, to-wit:

A bill for the relief of A. B. Kerse and Barnett Kerse~

of the county of \Vorth.

The Senate has passed the following bills, to-wit:

.:\ bill to incorporate the Fulton Cotton Spinning Com-

pany.

Also, a bill to pre\ent unlawful traffic in farm products.

in this State.



Mr. Graham, of Dade, chairman of the Committee on

Enrollment, made the foiiO\\ing report, to-wit:

~Vr. Speaker : The Committee on Enrollment report as duly enrolled,

signed by the President of the Senate and Secretary, and ready for the signatures of the Speaker and Clerk of the House of Representatives, the following bill, to-wit:

A bill for the relief of A. B. Kcrse and Barnett Kerse, of the county of \Vorth.
Mr. Jones, chairman of the Committee on Agriculture, submitted the following report, to-wit:

.1.lir. Speaker :

The Committee on Agriculture have had under con-

sideration the following bills, and beg leave to make the following report, to-wit:
A bill to define the liability of owners of pastures or enclosures of stock.

Also, a bill to encourage sheep raising in this State. Also, a bill to amend the fence laws of this State now of force, and for other purposes; which bills the committee recommend do not pass.

Also, a bill to be entitled an Act to encourage sheep raising in the county of Camden.
Also, a bill to be entitled an Act to protect sheep raising in the county of Charlton.
Also, a bill to amend an Act to protect the buying, selling, delivering or receiving any farm products therein

FEBRUARY 7. 1876.

329

specified, between sunset and sunrise, in the counties of Lincoln, Brooks, and other counties therein mentioned, without the consent of the owner or employer of the land on which the products were raised, and to prescribe the punishment therefor, and for other purposes, approved August 23, 1872, so that said Act shall apply to the county of vValton; \Yhich bills the committee ask leave to return without recommendation.
Mr. D. D. Craig, chairman of the sub-committee appointed from the Senate and House Committees on the Academy for the Blind, submitted the following- report. to-wit:
11/r. Speaker: The joint sub-committee from the Senate and House
Committees on the Academy for the Blind, to whom was assigned the duty of visiting said institution, beg leave to make the following report, to-wit:
They, in performing the duty assigned them, found an admirable system of discipline in force, that does credit to the ability and faithfulness of the Principal, Prof. Williams, and his corps of assistants, and at the same time brings comfort and cheerfulness to the pupils.
The exhibition given in the presence of the General Assembly gave sufficient evidence that the mental culture of the pupils has been thoroughly attended to, and we found, on personal examination, that a high and refined tone of morality pervades the whole atmosphere of the place. We also found that the refining and sanitary effects of personal cleanliness are fully understood and practiced.
We also find the present buildings greatly in n7ed of repairs, and are satisfied, from the statement of the Principal, that additional buildings are necessary, and will tend to make the institution more self-sustaining. For additional information, we refer to the twenty-fourth annual report of the Trustees, printed for the usc of the General Assembly.

330

JOURNAL OF THE HOl:SE

In view of all these facts, we recommend an appropriation of $15,000 for the year 1876, for the payment of current expenses, and also for the repair of buildings and the erection of additional houses, as the Trustees, by advice of the Principal, may deem necessary.
All of which is respectfully submitted.
The next business in order being the reading of House bills the third time, the following bills were read the third time, and disposed of as is hereinafter specified, to-wit :
A bill for the relief of Mrs. Catharine \Villiams, of the county of Chatham. Lost.
Also, a bill to allow Simeon Wheatly to peddle without license. Lost.
Also, a bill to revive an Act, approved Decemb'r I 2, I8JI, and for other purposes. Lost.
Also, a bill to amend the fcnse laws of this State. Lost.
Also, a bill to encourage sheep raising in this State. vVithdrawn.
Also, a bill to amend an Act to prohibit the buying, selling, receiving and delivering of certain farm products therein mentioned, between the hours of sunset and sunrise, without the consent of the employer, etc., approved August 23, 1872, and apply the provisions of said Act to the county of Walton. Withdrawn.
Also, a bill to fix the compensation of Tax Collector and Tax Receiver and County Treasurer, and the per diem pay of jurors of the county of Washington. Recommitted to the Committee on the Judiciary.
On motion of Mr. Baker, the following bill was taken from the table, and read the third time, to-wit:
A bill to regulate the pay of jurors for the county of Barto\Y.
Mr. Neal offered a substitute to the bill, which was adopted, and the bill passed by substitute.
On motion of Mr. Rankin, the rules were suspended,

FEBRCARY 7, 1876.

331

and the following bill was introduced and read the first time, to-wit:
By Mr. RankinA bill to declare forfeited the fees allowed Solicitors General of this State for services rendered in the Supreme Court when they shall fail or neglect to discharge said duties as prescribed by section 377, paragraph 6, of the Code of 1873. The order of business was resumed. A bill to exempt from taxation, by county and municipal authorities, certain professions. Lost. Also, a bill to render certain the compen;-;ation of the County Judge of Richmond county. Passed. Also, a bill to define the liability of owners of pastures or enclosed lots for stock. Lost. Also, a bill to encourage sheep raising inthe county of Camden. Laid on the table. Also, a bill to appropriate money to pay P. 1\I. Roberts for cross-ties furnished the \Vestern & Atlantic Railroad. Lost. Also, a bill to protect shecp raising in the county of Charlton. Laid on the table. Also, a bill to incorporate the Blue Ridge .Mining Company. Committed to the Committee on Corporations. Also, a bill to create a Board of Commissioners of Roads, Public Buildings, and Public Property, for the county of Lee, and for other purposes. Passed.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Troup, and for other purposes. Passed.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Harris, and for other purposes. Recommitted to the Committee on the JudiCiary.
Also, a bill to amend the 2040th section of the Code of 1873, and for other purposes. Passed.

332

JocRXAL OF THE HousE

Also, a bill to regulate the pay of jurors for the county of Miller. Passed.
Also, a bill to appropriate the State tax of Glynn county for the year 1876 to said county, for the purpose of building a court house. Lost.
Also, a bill to provide for a State currency. Lost. Also, a bill to provide pay for the jurors of the Criminal Court of \\'ebster county. Passed. Also, a bill to repeal and amend the three last lines of an Act, approved l\Iarch 3, 1874, to provide for the pay
of school officers and teachers for the year 187 I, so far as
the same relates to the county of Campbell. Mr. ~elms offered an amendment to the bill, which was
adopted, and the bill as amended then passed. Leave of absence was granted Messrs. Culver, Scott,
\Villis, of Macon, and Candler. On motion of l\Ir. Henderson, the House then ad-
journed until 3 o'clock p. m., this afternoon.

A.FTERNOON SESSION.
3 O'CLOCK P. M. The House re-assembled. The call of the roll was, on motion, dispensed with. The order of business being the reading of House bills the second time, the following House bills were read the second time and referred to the Committee on the Judiciary, to-wit: A bill to provide for the payment of insolvent costs of the officers of the Superior Court of Clarke county. Also, a bill to change the time of holding the Superior Court for the county of Cherokee. Also, a bill to alter and amend section 29; of the Code of 1873, and to prescribe the jurisdiction of County Judges and County Courts in certain particulars. Also, a bill to make compounding certain larceny below the grade of felony penal, and to prescribe the penalty therefor.

FEBRUARY J, 1876.

333

Also, a bill to alter and amend section 529 of the Code, regulating the tax on spirituous liquors.
Also, a bill to make penal the harboring, secreting, entertaining, employing or keeping escaped convicts, and for other purposes.
Also, a bill to alter and amend section 283 of the Code of 1873, so as to include actions of tort, and to amend the last clause of said section, in regard to the time of issuing subpcenas and services in such cases in the Superior Courts of this State.
Also, a bill to suppress s\dndling by three-card monte and by other devices.
Also, a bill to exempt from road duty the officers and members of the Liberty Independent Troop of Ca\alry, in the county of Liberty.
Also, a bill to prohibit huntin6 on the lands of another in the county of Terrell.
Also, a bill to reduce the compensation of Tax Collector and other officers of the county of Butts, in this State.
Also, a bill to authorize the Ordinary of Stewart county to hire out convicts, and for other purposes.
. Also, a bill to prescribe the oath for special Bailiffs in the Superior Court.
Also, a bill for the arrest of \'agrants by Constables as a duty of office.
Also, a bill to authorize and require the guardian of J.
E. Atkins to settle with him. Also, a bill to authorize Dr. R. T. Kendrick, of Ca 1-
houn county, to sue and collect all legal debts for his medical services and medicine.
Also, a bill to fix the manner in which judgments of foreclosure may be taken upon mortgages gi\en to Building and Loan Associations.
Also, a bill to alter and amend an Act entitled an Act to designate the holidays to be observed in the acceptance

3B4

Jot:R:'\.\L oF TilE HoL'SE

and payment of bills of exchange, bank checks and promissory notes, approved February 23, 1875
Also, a bill to alter, amend and consolidate the various road laws applicable to the county of Chatham, and for other purposes.
Also, a bill to authorize either party litigant in any Court of Record in Coweta county to take the depositions of any witness or ,,itnesses in said case, whether resident in said county or not.
Also, a bill to prohibit the sale of intoxicating liquors within the limits of Cross Keys, in DeKalb county, in this State.
Also, a bill to create a Board of Commissioners for Roads and Revenm:s for the county of Early, and for other purposes.
Also, a bill to repeal so much of an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade, and other counties, approved February 26, 187 5, so far as the same applies to the county of Floyd and city of Rome.
Also, a bill to authorize the Mayor and Council of Rome to settle the bonded debt of the city, and provide for the payment of the same.
Also, a bill to amend the law of limitations in this State; and for other purposes.
Also, a bill to repeal all laws creating a Board of Roads and Revenues in the county of Habersham.
Also, a bill to repeal an Act to prohibit the retail of intoxicating liquors within the incorporation of Hampton, Henry county, approved March 6, 1875
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Oak Grove Church, Macon county.
Also, a bill to amend paragraph 878 of the Revised Code, as to the redemption of land sold under and by virtue of tax fi. fas.
Also, a bill to change the time of the meeting of the General Assembly of this State.

FEBRUARY 7, 1876.

335-

Also, a bill to amend an Act to create a County Court in the counties of this State, approved January 19, 1872, so far as relates to the county of Macon.

Also, a bill to re6ulate the notice to be given in cases of applications for new public roads in alterations of old public roads in Macon county.

Also, a bill to prescribe the mode of selling personal property subject to a mortgage lien, in cases where the mortgage is not foreclosed.

Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Pierce.

Also, a bill in relation to garnishments.

Also, a bill to prohibit the sale of intoxicating liquors in Districts 223d and 225th of O.::onee county, and for other purposes.

Also, a bill to change the time of holding the Superior Court in the counties of Pike and Rockdale, and for other purposes.

Also, a bill to abolish the City Court of Augusta, and

for other purposes.



Also, a bill to amend an Act to regulate the sale of spirituous liquors in the various counties therein mentioned, approved February 26, 1875

Also, a bill to suppress and prohibit the sale of intoxicating liquors within two miles of Jacksonville, in Telfair county.
Also, a bill to protect Ordinaries of this State in estates, when the administration is vested in the Clerk of the Superior Court.
Also, a bill to authorize foreign executors to sell property pursuant to the terms of the will, and for other pur-

poses. Also, a bill to prohibit the killing of partridges, wild
turkeys and deer, at certain seasons, in the counties of' Lowndes and Thomas, in this State.

:336

Jot.:RNAL OF THE HousE

The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:

.1lfr. Speaker: I am directed by his Excellency the Governor, to deliver
to the House of Representatives a communication in writing, with accompanying documents.
On motion of Mr. Shewmake, the message from his Excellency the Governor was taken up and read, and is as follows, to-,,it :

ExECliTin: DEPXRDIE:>:T,

}

Atlanta, Georgia, Febntal]' 7, I R76.

To t!tc I louse of Represmtathxs :

In response to a resolution of your body, requesting the Governor to furnish, at the earliest day practicable, ''all information he has, or can obtain, in regard to the amount and value of property in this State exempt from taxation by the provisions of section 798 of the Revised Code of Georgia," I have the honor to transmit herewith a communication from the Comptroller General, to whom application was made for the information desired. It will be seen that that officer has no data at his command which will enable him to furnish it. I have also caused to be made a careful search of the United States census of 1870; but it, too, is so deficient in its statistics on many of the particulars embraced in our local exemption laws, that it affords no reliable basis for even an approximation to the amount and value of exemptions.

In the absence of all available sources of correct infor-

mation on the subject, should it be considered important

to future judicious legislation, I would respectfully sug-

gest that the forms of our tax digests be so altered as to

embrace the property exempted, as well as the property

taxed.

JAMES l\1. S\IITH.

FEBRUARY 7. 1876.

337

STATE OF GEORGIA,

'

J Com'TROLLER GE:-~ERAL's OFFICE, Atlanta, Georgia, Februar;' 5, 1876.

llis Excellmc; J. M. Smit!t, Govemor :

DEAR SIR-In compliance with your favor of 2d instant,

and the resolution of the House of Representatives, ask-

ing information in regard to the ''amount and value of

property in this State exempt from taxation by the pro-

visions of section 798 of the Revised Code of Georgia,"

I beg leave to state that I have no record or data which

would give said information.

The law exempting said property from taxation, in said

sections, was passed in 1785, 1802 and 1863, and hence, on those respective dates the exempted property was

dropped from the tax digest. Therefore, no record of the

same exists.

V cry respectfully,

(Signed)

\V. L. GOLDSMITH.

Comptroller General.

Under the rule of pri\ilege, :Mr. Bacon, of Bibb, introduced the following resolution, to-wit:
A resoll'ltion providing for the appointment of a joint special committee of two from the Senate and three from the House, to investigate the truth of a charge that has appeared in the public prints, alleging the use of fraudulent means to secure the endorsement of the lease of the \Vestern & Atlantic Railroad by the Legislature of 1871.
The resolution was agreed to, and the Speaker appointed as members of the committee, on the part of the House, Messrs. Furlow, \Naish and Peeples.
On motion of Mr. Bacon, of Bibb, the resolution, with the action of the House thereon. was ordered to be transmitted at once to the Senate.
The regular order of bus:ness was resumed, and the fo\1owing bills read the se:ond time and referred to the Committee on the ] udiciary, to-wit:
A bill to prohibit the sale of spirituous liquors \\ithin
22

338

JOUR:\AL OF THE HousE

three miles of Camak Church, in the county of \Varren, and for other purposes.
Also, a bill to consolidate the offices of Sheriff and Tax Collector, and Clerk of the Superior Court and Tax Receiver, and for other purposes, so far as relates to the county of \Vhite.
Also, a bill to define the duties and liabilities of Overseers and Commissioners of Public Roads, and to direct the disbursement of fines, etc.
Also, a bill to provide for the dissolution of grand juries in certain cases, and for the reorganization of the same, and for other purposes.
Also, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for certain counties therein mentioned, approved December 3I, I871, so far as the same relates to the county of Sumter.
Also, a bill to adopt the Code of I873, revised by Irwin, Lester and Hill, and for other purposes.
The following bills were read the second time and referred to the Committee on Finance, to-wit:
A bill to donate to the county of Calhoun tbe State ad 'L'arolcm taxes of said county for the year I 876.
Also, a bill to amend section I 844 of the Code of this State.
Also, a bill to appropriate money to meet the extraordinary expenses incurred by certain counties of this State, and the citizens thereof, in quelling disturbances of the peace in said counties during the year I87S
Also, a bill to repeal an Act regulating the commissions allowed the County Treasurer of the county of Bartow.
Also, a bill to alter and amend an Act incorporating the city of Cartersville.
Also, a bill to authorize the Governor to issue bonds wherewith to retire, by exchange, the bonds purchased and now held by \Villiam F. Herrinr-, and Branch & Sons, and Thomas Branch & Company, with interest due thereon, and for other purposes.

FEBRUAKY 7, 1876.

33!J

Also, a bill to allow Justices of the Peace, in their discretion, to award cost against the accused or prosecutor by the 1 Ith section of an Act of I8II.
Also, a bill to prescribe and limit the compensation of Tax Receiver and Tax Collector in the county of Bibb for receiving and collecting the county taxes of said county, and for other purposes.
Also, a bill to clean out and remove obstructions from Toccoa river, in the county of Fannin, and for other purposes.
Also, a bill to appropriate money to David Cleage for the amount due him as principal and interest on certificates of the \Vestern & Atlantic Railroad, enumerated in said Act.
Also, a bill to authorize the Ordinary of Fulton county to issue bonds for the purpose of raising money to build a court house.
Also, a bill for the relief of B. B. Hinton and Thos. B. Lumpkin, of the county of Marion.
Also, a bill to change, reduce and fix the annual salaries of the Governor of the State, Judges of the Supreme and Superior Courts, State Treasurer, Comptroller General, and other State officers.
Also, a bill to authorize the Governor to draw his warrant upon the Treasurer to pay the claim of Messrs. Ragland & \Vynne for advertising, etc.
Also, a bill to provide the proper facilities for exhibits by the State, and the people of this State, at the coming Centennial Exposition at the city of Philadelphia, and for other purposes.
Also, a bill to allow A. H. 11cEwen, of Whitfield county, to practice medicine without license, and collect fees for the same.
Also, a bill for the relief of G. D. Whitman and his securities, from liability on a certain bond, given for the appearance of said \Vhitman in \Valker county, and for other purposes.

34:0

j OURXAL OF THE HoUSE

Also, a bill to regulate the per diem pay of grand and petit juries in the county of White.
Also, a bill to fix the salary of the County Treasurer of the county of Sumter.
Also, a bill to amend an Act entitled an Act to authorize the Judge of the County Court of the county of Richmond to pay the school debt due the school officers and teachers of the county of Richmond for the years I 87 I and I872, and for other purposes.
Also, a bill to prescribe the duties of the Tax Collectors of the several counties of this State, and for other purposes.
The following bill was read the second time and referred to the Committee on Roads and Revenues, to-wit:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the county of Harris, approved March I 7, I 869, and apply the same to the counties of Spalding and Butb.
The following bills were read the second time, and referred to the Committee on Corporations, to-wit:
A bill to amend an Act to incorporate the town of Butler, in the county of Taylor, approved August 27, 1872.
Also, a bill to amend an Act to incorporate the town of Smyrna, in the county of Cob~. approved August 23, I872.
Also, a bill to amend an Act to incorporate the town of Blakeley, in the county of Early, approved October 24, !870.
Also, a bill to incorporate the Franklin Male and Female Academy, of the county of Heard.
Also, a bill to amend an Act to incorporate the town of Carnesville, in Franklin county; to pro\"ide for Commissioners for the same, to define their powers, and for other purposes, approved August 24, I 872, so as to allow said Commissioners to subscribe stock to the Franklin County Institute.

FEBRUARY 7, 1876.

341

Also, a bill to legalize the appointment of the First Presbyterian Church, of the city of Darien, and to change the time of the annual appointment of the same, and to define their powers.
Also, a bill to incorporate the Georgia State Horticultural Society, to confer certain powers and immunities on the same.
Also, a bill to repeal the Act of October 18, 1870, amending the Act of incorporation of the First Presbyterian Church in Augusta, and for other purposes.
Also, a bill to provide for the registration of bonds in this State, and for other purposes.
Also, a bill to prohibit the sale of spirituous, malt or other intoxicating liquors within the corporation of the town of vVarrenton, and for other purposes.
Also, a bill to amend the charter of the town of vVarrenton, in \Varren county.
Also, a bill to amend an Act to incorporate the town of Barnesville, in the county of Pike, approved February 20, 1854, and to amend an Act approved December II, 1871, and to confer additional powers upon the corporate author_ ities of said town.
Also, a bill to amend an Act to incorporate the town of Tennille, in the county of \Vashington, and for other purposes, approved March 4, 1875.
The following bill was read the second time, and referred to the Committee on Military Affairs, to-wit:
A bill to appropriate money for the purchase of arms for the Volunteer Military Companies of this State, and for other purposes.
The following bills were read the second time, and referred to the Committee on Education, to-wit :
A bill to reorganize the government of the State University, and for other purposes.
Also, a bill to provide compensation for members of .the Board of Education of the county of Hart, and for other purposes.

342

JOCRNAL OF TilE HoUSE

The following House bills were read the second time, and ordered to be engrossed, to-wit:
A bill to amend an Act entitled an Act to create a County Court in each county in this State, except certain counties therein mentioned, approved January 19, 1872, so far as said Act relates to the county of Clarke.
Also, a bill to amend an Act fixing the compensation of the Tax Collector and Tax Receiver of the county of Cherokee.
Also, a bill to submit to the legal voters of Rutland District, in the county of Bibb, the question of prohibiting the sale of spirituous liquors in said district, and for other purposes.
Also, a bill to consolidate the offices of Tax Collector and County Treasurer of the county of \Vilcox, and for other purposes.
Also, a bill to repeal so much of an Act, approved February 26, I 87 5, to regulate the sale of spirituous liquors in certain counties therein named, as applies to the county of Polk.
Also, a bill to grant to 0. S. Porter the privilege to erect a dam across Yellow river, at Henry Shoals, in the county of 1\ewton.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Randolph.
The following bills were read the second time and referred to the Committee on Banks, to-wit:
A bill to incorporate the Citizens Loan and Trust Company of Marietta.
Also, a bill to incorporate the Provident Loan and Saving Association of Savannah.
Also, a bill to amend the charter of the Commercial Bank of Augusta.
The following bills were read the second time and referred to the Committee on Agriculture, to-wit :
A bill to amend an Act entitled an Act to amend section 4441 of the Code, approved February 24, 1874.

FEBRUARY 8, 1876.

343

Also, a biil to encourage the propagation of fish in the waters of the State of Georgia, and for other purposes.
The following bills were read the second time and referred to the Committee on Internal Improvements, to-wit:
A bill to change the Northern terminus of the Marietta & North Georgia Railroad Company, and for other purposes.
Also, a bill to incorporate the Korthwestern Railroad Company, and for other purpose,;.
The following bill was read the second time and referred to the Committee on New Counties and County Lines, towit:
A bill to change the line beh\een the counties of Troup and Heard.
The following bills were read the second time, and, by permission of the House, were withdrawn, to-wit :
A bill to amend section 3554 of the Code. Also, a bill to prohibit hunting with dogs and firearms, and fishing on the enclosed lands of another, in the county of Rockdale. Also, a bill to increase the rc\enues of the State, and encourage wool growing. On motion, the House adjourned.

ATI..\);TA, GEORGI.\,

(

February' 8, 1876. j

The House met pursuant to adjournment, was called to order by the Speaker pro tcm., and opened with prayer by the Rev. Mr. Eakes.
The call of the roll was, on motion, dispensed with.

The Journal of yesterday was read and approved. On motion, the rules were suspended, and the following bills were introduced and read the first time, to-wit: By Mr. Smith, of DawsonA bill for the relief of Elizabeth Tanner, of the county of Dawson.

34!

JocRXAL OF THE HocsE

By Mr. LindleyA bill for the relief of Wallis Haley & Co., Fields,. McAfee, Tate & Co., and John M. McAfee, from the hire of convicts leased to work on the Marietta & North Georgia Railroad. Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
Jrfr. Spcaka- _.
The Committee on the Judiciary have hau under consideration the following bills, and recommend the passage of the same, to-wit :
A bill to abolish the County Court of Upson county_ Also, a bill to prohibit attorneys at law from becoming security on the official bonds of county officers. Also, a bill to authorize the creditors of any person making a voluntary assignment to compel the assignee to, give security to discharge his trust. Also, a bill to amend an Act to organize a Criminal Court for the counties of DeKalb, Henry and Sumter, approved February 22, 1873, so as to include in said Act the county of Pike. Also, a bill to amend an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade and other counties therein named, approved February 26, 1875, so as to apply the provisions of said Act to the county of Madison.
Also, a bill to legalize the order passed by the Judge of the Superior Court of Henry county, at the Fall term of 1874, of said court, in favor of the Sheriff and Clerk.
Also, a bill to amend the laws in relation to the jurisdiction of the County Judge, so far as the same relates to the county of Screven.
Also, a bill to amend an Act entitled an Act to create a County Court in this State, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend

FEBRUARY 8, 1876.
the road laws, so far as they relate to the county of Chatham.
Also, a bill to amend an Act to create a County Court for the county of Clayton.
Also, a bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the county of Calhoun.
Also, a bill to amend an Act regulating the weighing of cotton, rice and other agricultural products.
Also, a bill to amend an Act establishing a permanent Board of Education and Orphanage for the county of Bibb.
Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, to-wit:
A bill to effect the purchase of one thousand copies of the Annotated Penal Code compiled by Hon. John L. Hopkins.
Also, a bill to repe;1l an Act regulating the sale of spirituous, vinous and malt liquors, in certain counties of this State, so far as the same relates to the county of Bartow.
Also, a bill to regulate the bond of the Ordinary of Greene county, and for other purposes.
Also, a bill to organize a County Court for the county of Randolph.
Also, a bill to authorize the Superior Court of Fulton county to grant charters.
Also, the following bill, which they recommend do pass, with an amendment herewith submitted, to-wit:
A bill to amend an Act establishing a County Court in Coweta county.
Also, the following bill, which they report back to the House without any recommendation, to-wit:
A bill to amend an Act prescribing the manner of granting license to sell spirituous liquors in the counties of Jefferson, Burke and \Vashington, approved February 20. 1873, so far as applies to Burke county.

346

j OUR:XAL OF THE HOUSE

Also, the following bill, which they report back to the House, and recommend that it be referred to the Committee on Finance, to-wit :
A bill to authorize and empower the Governor of Georgia to purchase a battery and equipments for the \Vashington Light Artillery, of Augusta.

Also, the following bills, which they recommend do not

pass, to-wit :

A bill for the relief of T. H. Devauc, of the county of

Schley.

Also, a bill to make penal the catching of fish in the

Allapaha river, Deep creek, and their tributaries.

Also, a bill to authorize security to be given in all civil

or criminal cases by a deposit of Georgia bonds.

Also, a bill to prevent the hunting of game and fishing

on certain lands in the county of Miller.

Also, a bill to repeal an Act regulating the manner of

giving bonds for county officers, approved February 24,

1873, so far as the same relates to the county of vVilcox.

Also, a bill to amend section 4372 of the Coje.

Also, the following Senate bill, which they recommend

do pass, with an amendment herewith submitted, to-wit:

A bill to punish any person or persons who shall sell or

furnish minors with deadly weapons.

Also, the following Senate bill, which they recommend

do not pass, to-wit:



A bill to extend the jurisdiction of the Justices of the

Peace in Camden county.

Mr. Bacon, of Bibb, chairman of the Committee on

Corporations, submitted the following report, to-wit:

111r. Speaker :

The Committee on Corporations have had under consideration the following bills, which they have instructed me to report back to the House, with the recommendation that they do pass, to-wit:
A bill to be entitled an Act to change the line defining

FEBRUARY 8, I 8J6.

347

the corporate limits of the city of Newnan, in the county of Coweta.
Also, a bill to be entitled an Act to alter and amend the -charter of the city of Americus, in the county of Sumter ; to change the term of office of the Mayor, Board of Aldermen, and Clerk and Treasurer, from one to two years, and for other purposes.
Also, a bill to be entitled an Act to alter and amend an Act to incorporate the town of \Vaycross, in the county of vVare, and to provide for the election of Intendant and Commissioners therefor, and to define their duties and powers, and for other purposes, approved-- 3, I8J4
Also, a bill to be entitled an Act to incorporate the town of Crawford, in the county of Oglethorpe, and for other purposes.
Also, a bill to be entitled an Act to legalize the election of municipal officers of the town of Cedartown, held on the first Saturday in January, I 8;6, to adopt a new charter for said town, and fix the boundaries of the same.
The committee have also had under consideration the following bills, which they haYe instructed me to report back to the House, with certain amendments thereto, and with the recommendation that said bills do pass with said amendments, to-wit:
A bill to be entitled an Act to ratify and confirm the sale of certain real estate by the Trustees of the Baptist Society, in the city of Augusta, and for other purposes.
Also, a bill to be entitled an Act to alter and amend an Act entitled an Act to incorporate the Chestatee Fluming and Mining Company, and for other purposes, approved December 3, I 866.
Also, a bill to be entitled an Act to incorporate the Chestatee Quartz Mining and Sluice \Vashing Company.
The committee have also had under consideration the following bills, which they have instructed me to return,

348

JouR:'I:'AL oF THE HousE

with the recommendation that they be referred to the Committee on the Judiciary, to-wit:
A bill to be entitled an Act to amend an Act entitled an Act to amend the several Acts incorporating the city of Gainesville, in Hall county, and for other purposes, approved February 22, 1873
Also, a bill to be entitled an Act to amend the several Acts incorporating the town of Hartwell, and to grant criminal jurisdiction in certain cases to the Mayor of said town, and for other purposes.
Mr. Fort, chairman of the Committee on ~e\\' Counties and County Lines, submitted the following report, to-wit:
.~.1fr. Speaker:
The Committee on X ew Counties ami County Lines have had under their consideration the follo\\ing bill, which they recommend do pass, to-wit:
A bill to repeal an Act entitlcJ an Act to repeal the 1st section of an Act entitled an Act to change the line between the counties of Chattahoochee and Stewart, so far as the same affects the residence of \Villiam V. Collier (now Alvy D. Harp) and R. D. Sigemore, approYed March 2, 1874
The committee have also had under consideration the following bills, which they recommend do not pass, to-wit:
A bill to change the line between the counties of DeKalb and Rockdale, and for other purposes.
Also, a bill to change the line between the counties of Tattnall and Liberty.
Mr. Furlow, chairman of the Committee on the Penitentiary, submitted the following report, to-wit:
.Air. Speaker: The Committee on the Penitentiary have had under their
consideration the following bill, which they report back to the House of Representatives, with the recommendation that the same do not pass, to-wit :
A bill to reorganize the Georgia Penitentiary, and to

FEBRCARY 8, I876.

34:9

prescribe the manner in which convict labor shall be employed.
On motion of Mr. \Varner, the rules were suspended, and the following bill set down for I I o'clock a. m. to-day, as a special order, was taken up for consideration, towit:
A bill to require all officers of the county of Spalding, or the courts thereof, who collect fines and forfeitures in said county, to pay the same into the county treasury, and to provide for disbursements of same.
The Committee on the ] udiciary to whom the bill had been referred, reported the same back, with the recom- mendation that it do pass by the following substitute, towit:
A bill to require the payment of money arising from fines and forfeitures into the county treasury, and to regulate the disbursement of the same.
On motion of Mr. \Varner, 200 copies of the bill were ordered printed for the usc of the House.
On motion of Mr. Speer, the further consideration of the bill was made the special order of Friday next, at I I o'clock a. m.
The order of business being the reading of House bills the third time, the following bills were read the third time and disposed of as is hereinafter specified, to-wit :
A bill to change the line between the counties of Tattnall and Liberty. Lost.
Also, a bill to repeal an Act regulating the sale of spirituous, vinous and malt liquors in certain counties therein
named, approved February 26, 1875, so far as said Act
applies to the county of Bartow, and city of Cartersville. Passed by substitute.
Also, a bill to change the l;ne bc~w::e1 th~ counties of DeKalb and Rockdale, and for other purposes. Lost.
Also, a bill to reorganize the Georgia Penitentiary. Lost.

350

JouR:-.A L OF THE Housr:

Also, a bill to make penal the catching of fish in the Allapaha river, Deep creek, Hat creek, and the branches of said streams, with seines, gill nets, or with any other device except hook and line. Laid on the table.
Also, a bill to allow the Superior Court of Fulton county, to grant charters operating over the State. Passed by substitute.
Also, a bill to regulate the bond of the Ordinary of Greene county, and for other purposes. Passed by substitute.
Also, a bill to change the line defining the corporate limits of the city of Newnan. Passed.
Also, a bill to amend the Act approved March 2, 1874, establishing a County Court for the county of Coweta. Amended and passed.
Also, a bill to organize a County Court for the county of Randolph, and for other purposes. Passed by substitute.
Also, a bill to abolish the County Court for the county of Upson. Passed.
Also, a bill to alter and amend the charter of the city of Americus, to change the terms of the Mayor and Board of Alderman, and for other purposes. Passed.
Also, a bill to amend an Act entitled an Act to amend and add to an Act to prescribe the mode of granting
license to sell intoxicating liquors in the counties of Jeffer-
son, Burke, and \Vashington, approved February 20, 1873. by adding a section thereto, increasing the license to sell the same in the county of Burke, approved March 3, 1875 Lost.

The following communication from the Governor was read for information, to-wit :

STATE OF GEOkGIA,

}

ExECUTIVE DEPART:IfENT,

Atlanta, Ga., reb111ary 8, 1876.

To the Jlonorable Speaker of the House of Representatives: I have the honor to state to the House of Representa-

FEBRUARY 8, 1876.

35]

tives that the resignation of Hon. Thomas \V. Grimes, Representative from the county of Muscogee, in the present General Assembly, has been received at this department and is now on file in the Executive office.
JAMES M. SMITH.
Mr. McGill, chairman of the Committee on Internal Improvements, submitted the following report, to-wit:
.Jfr. Speaker: The Committee on Internal Improvements have had'
under consideration a bill to be entitled an Act to amend an Act to loan the credit of the State to the Marietta, Canton & Ellijay Railroad, and for other purposes, approved October 24, 1874, and they report the same back, with the recommendation that the same do pass.
The order of business was resumed.
Also, a bill to amend an Act entitled an Act to incorporate the town of vVaycross, in the county of \Vare, approved March 3, 1874. Passed.
Also, a bill to prohibit attorneys at law from becoming security on the official bonds of Sheriffs of this State. Passed.
Also, a bill for the relief ofT. H. Deveau, of the county of Schley. Lost.
Also, a bill to authorize the Governor to purchase a battery of guns for the vVashington Light Artillery, of Augusta, and for other purposes. Recommitted to the Committee on Military Affairs.
Also, a bill to authorize security to be given in all civil and criminal proceedings by a deposit of Georgia bonds, and to make it penal for the same to be stolen while on deposit, and for other purposes. Lost.
Also, a bill to authorize creditors of any person making a voluntary assignment to compel the assignee to give security to discharge his trust, and for other purposes. Passed.

:352

JOUR~AL OF THE HOGSE

Also, a bill to enlarge the corporate privileges heretofore granted the Baptist Society of the city of Augusta, and to ratify and confirm the sale of certain real estate by the Trustees thereof, and for other purposes.
The Committee on Corporations, to whom this bill had been referred, reported the same back, with the recommendation that it do pass as amended.
Mr. Black offered the following amendment to the title of the bill, which was adopted, to-wit: Strike out the word ''thereof" in the title, and insert in lieu thereof ''First Baptist Society of Augusta." The bill as amended then passed.
Also, a bill to amend an Act, approved February 22, 1873, to organize a Criminal Court for the counties of DeKalb, Henry and Sumter, so as to include in said Act the county of Pike. Passed.
Also, a bill to prevent the hunting of game and fishin~ on certain lands in the county of Miller. Lost.
Also, a bill to amend an Act to create a County Court in each county of this State, except certain counties therein named, and for other purposes. Passed.
On motion of Mr. Baker, the follovving bill was taken from the table, read the third time and passed, to-wit :
A bill to require the Judges of the Superior Courts to give specially in charge sections 1402 and 1408 of the Revised Code of 1873.
Also, a bill to amend an Act to create a County Court for the county of Clayton, approYed February 28, 1874. Passed.
Also, a bill to amend an Act, approved February 26, 1875, regulating the sale of spirituous, vinous and malt liquors in certain counties therein named, and to apply the provisions of said Act to the county of Madison. Passed.
Also, a bill to legalize the order granted by the Judge of the Superior Court of the county of Hem1r at the Fall term of 1874, in fa\'or of the Sheriff and Clerk of the Su-

FEBRU.\RY 8, 1876.

353.

perior Court of said county for extra services rendered, and for other purposes. Passed.
Also, a bill to amend an Act entitled an Act to amend the several Acts incorporating the city of Gainesville, and for other purposes. Recommitted to the Committee on the Judiciary.
Also, a bill to amend the several Acts incorporating the town of Hartwell, and for other purpose<>. Recommitted t0 the Committee on the Judiciary.
Also, a bill to repeal an Act entitled an Act to repeal section 1st of an Act entitled an Act to change the line between the counties of Chattahoochee and Stewart, and for other purposes. Passed.
Also, a bill to amend an Act entitled an Act to establish a permanent Board of Education and Orphanage, etc., for the county of Bibb. Passed.
Also, a bill to amend an Act to regulate the weighing of cotton, rice and other agricultural products, approved :March 2, 1875. Passed.
The following message was recei\ed from the Senate through l\lr. Murphey, the Secretary thereof:
}J.fr. Speaker: The Senate has concurred in the following resolution of
the House of Representatives, and I am directed to transmit the same forthwith, and on the part of the Senate have .appointed upon such committee Messrs. McDaniel and DuBose, to-wit:
A resolution to investigate certain charges published in the Atlauta Hcwld, in relation to the lease of the \V. & A. Railroad.
Also, a bill to amend an Act entitled an Act to amend the road laws, so far as the working of the roads of the County of Chatham is concerned. Passed.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Cailhoun, and for other purposec:. Passed.
23

JouRNAL OF THE HousE
Also, a bill to incorporate the town of Crawford, in the county of Oglethorpe. Laid on the table.
Also, a bill to repeal an Act entitled an Act to regulate the manner of giving bonds for county officers, so far as the same relates to the county of \Vilcox. Lost.
Also, a bill to amend section 4372 of the Code of 1873. Withdrawn.
Also, a bill to authorize the Treasurer of the county of Screven to pay certain orders granted by the Judge of the Superior Court of said county, and for other purposes. Passed.
Also, a bill to amend the laws in relation to the jurisdiction of the Judge of the County Court in county matters, so far as the same relate to the county of Screven, and for other purposes. Passed.
Also, a bill to repeal so much of an Act entitled an Act to increase the pay of jurors in the counties of Stewart, \Vebster, Troup, and others, as relates to the county of Jasper, approved December 14, 1871, and for other purposes. Passed.
Also, a bill to regulate the pay of jurors in the county of Macon. Amended and passed.
Also, a bill to regulate the compensation of the Tax Receiver and Tax Collector of the county of Meriwether. Laid on the table.
Also, a bill to authorize M. B. Elrod, a deformed man, a citizen of the county of Jackson, to peddle without license.
This bill being committed, the House went into Committee of the \Vhole for its further consideration.
Mr. Rankin, chairman of the Committee of the Whole, reported the same back without recommendation.
On motion of Mr. Shewmake, the bill was referred to the Committee on Finance.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Gwinnett, and for other purposes. Passed.

F.EBRCARY 8, I8i6.

355

Also, a bill to prohibit the sale of intoxicating liquors and alcoholic bitters, in quantities less than five gallons, within two miles of the Female Seminary in the town of Fort Valley, except as herein specified. Referred to the Committee on Corporations.
Also, a bill to provide for the payment of insolvent costs to the officers of the Superior Court of the county of Jackson. Lost.
The following message \Yas received from the Senate through Mr. Murphey, the Secretary thereof, to-wit:
.ll-b. Sj-ea/.:cr :
The Senate has passed the following bill of the House of Representatives, to-wit:
A bill to incorporate the Tybee Impro\emcnt Company, and for other purposes.
The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:
Mr. Spea/.:cr: His Excellency the Go,ernor has apprO\ed the following
Acts, to-wit: An Act to amend the charter of the Rising Fawn Iron
Company of Georgia, and to authorize said company to issue its first and second mortgage bonds, and to provide for the security and payment thereof.
An Act to provide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes.
An Act to change the line between the counties of Clinch and Coffee.
An Act to exempt from garnishment the wages of jour' neymen mechanics and day laborers.
Order of business resumed. Also, a bill to submit to the legal voters of Rutland District, in Bibb county, the question of prohibiting the sale of spirituous, vinous and malt liquors in said district, and for other purposes. Passed.

356

J ovRNAL OF THE HousE

Also, a bill to repeal the 3d section of an Act to fix the compensation of the Tax Receiver and Tax Collector of the county of Cherokee, and for other purposes. Passed.
Also, a bill to amend the Act, approved January 19, 1872, creating a County Court in each county in this State, except certain counties therein named, so far as the said Act applies to the county of Clarke, and for other purposes. Passed.
Mr. Cobb offered the following resolution, which was agreed to, to-wit:
Resohed, That a seat upon the floor of the House be tendered Col. Camball.
Leave of absence was granted Messrs. Hardeman, and \Vilson, of Fulton.
Also, a bill to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton, in the county of Clay. Passed.
Also, a bill to prohibit the sale of intoxicating drinks of any kind within two miles of Sardis Baptist Church, in the county of Cobb. Passed.
Also, a bill to consolidate the offices of Tax Collector and Treasurer of the county of \Vilcox, and for other purposes. Referred to the Committee on the Judiciary.
Also, a bill to amend an Act to loan the credit of the State to the Marietta, Canton & Ellijay Railroad, approved October 24, 1874, and for other purposes.
On motion of Mr. Allred, the bill was made the special order for Friday next, to follow the first special order for that day.
Also, a bill to provide Road Commissioners for the several counties of this State, and for other purposes.
Mr. Adams moved to make the further consideration of the bill the special order of Thursday next, which motion did not prevail.
The House then went into the Committee of the \\'hole for the further consideration of the bill.

FEBRUARY 8, 1876.

357

Mr. Hoge, chairman of the Committee of the vVhole House, reported the bill back to the House, with the recommendation that it do not pass.
Pending the consideration of the bill before the House, Mr. Livingston having the floor, the hour of adjournment having arrived, the Speaker declared the House adjourned until 3 o'clock p. m., this afternoon.

.\FTER~OO~ SESSIOX.
3 o'CLOCK P. M. The House reasscmbled. The call of the roll was, on motion, dispensed with.
The House resumed the consideration of the following bill as the unfinished business of the morning session, to-wit:
A bill to provitle Road Commissioners for the several counties of this State, to prescribe their duties, and for other purposes.
After some time spent in the discussion of the bill, a call for the previous question was sustained, and the report of the Committee of the Whole agreed to, and the bill lost.
On motion of l\lr. \Valsh, the following bill was taken from the table for consideration, to-wit:
A bill to alter and amend an Act to provide for the manner of issuing county and municipal bonds; to declare all bonds issued contrary thereto null and void, so far as the same excepts the city of Augusta from the operations of said Act.
Mr. \Valsh offered a substitute for the bill, which was adopted, and the bill passed by substitute.
On motion of Mr. \Valsh, the rules were suspended, and a memorial from certain manufacturers of and dealers in fertilizers, was presented and referred to the Committee on Agriculture.

358

JoGR:\AL OF TIIE Hoc,oE

The order of business was resumed.

A bill to grant 0. S. Porter and others the right to erect

a dam across Yellow river, at Henry Shoals, in the county of Newton. Passed.

Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Randolph, and for other purposes. Passed.

Also, a bill to repeal so much of an Act, approved February 26, 1875, entitled an Act to regulate the sale of spirituous liquors in certain counties therein named, as applies to the county of Polk. Passed.

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

and the following Senate bills taken up and read the third

time, and disposed of as is hereinafter specified, to-wit :

A bill to incorporate the Brunswick Bank and Trust

Company.

The Committee on Banks to whom this bill had been re-

ferred reported it back, \Yith the recommendation that it

do pass as amended. The amendment propo;.,ed by the Committee was ag-reed

to. Upon the passage of the bill as amended, a constitu-
tional majority of two-thirds ,being required, the vote was

taken by yeas and nays.

Those voting in the affirmative are-:Messrs.

Atkinson, Adams,

Graham,ofTelfair, Parker,

Hamilton,

Phinazee,

Allred,

of Clinch, Patman,

Asbury.

Hoge,

Patton,

Alderman,

Holland,

Bacon,ofLiberty, Humber,

l'itman, Rankin,

Binns,

Hutchenson,

Ridley,

Blue, Bennett, Burns,

Hutchins, HarraH, Harrison,

Revill, Shellnut, Sharpe,

Carter, of Appling, Hall,

Saunders,

FEBRUARY 8, 1876.

359

Carter, of \Valton, Henderson,

Craig, of Bibb,
Calhoun,

Holcombe, Jamison,

of Montgomery, Kennedy,

Cobb,

of Bulloch,

Clements, of Irwin, King,

Clements,

Lawton,

ofWhitfield, Lindley,

Clements,

Lampkin,

of vValker, Leach,

Chappel,

Livingston,

Crawforcl,

Leverett,

DeLoach,

McKinly,

Duncan,

Mathews,

Duggar,

Maxwell,

Duggan,

McGill,

Dyer,

Mattox,

Duke,

McAfee,

Davis,

Meadows,

Eakes,

Miller, of.\Vare,

Elkins,

Neal,

Ficklan,

Nelms,

Fort,

Norman,

George,

Pierce,

Graham, of Dade, Padget,

Graham, of Dooly, Potts,

Stallings, Smith, of Dawson, Smith,
of Lowndes, Smith, of W ebstcr, Sheffield, Simmons, Skelton, Spinks, Stewart,
of Rockdale, Stewart, ofSumter, Speer, Sharman, Terrell, Thomas, Tootle, Whittle, \Vilson,ofOconee, Wilcox, Wilcher, \Vare, Wynn, Wimberly, Willis, of Greene.

Yeas, 102.

So the bill was passed by the regular constitutional majority.

Also, a bill to extend the jurisdiction of Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace in the county of Camden, and for other purposes. Laid on the table.

Also, a bill to punish any person or persons who shall sell, give, lend or furnish any minor or minors with deadly weapons, and for other purposes. Amended and passed.

360

]OURKAL OF THE HOL'SE

Also, a bill to alter and amend an Act, approved December 3, r866, entitled ai Act to incorporate the Chestatee Fluming & Mining Company, and for other purposes. Amended and passed.
Also, a bill to incorporate the Chestatee Quartz Mining and Sluice \Vashing Company. Amended and passed.
Also, a bill to legalize the election of municipal officers of the town of Cedartown, held on the first Saturday in January, 1876, and for other purposes. Amended and passed.
Also, a bill to amend section 86o of the Code. Lost. Also, a bill to provide for the adjustment of the rights. of parties in cases where property which has been set apart under the homestead and exemption laws of this State has heretofore been sold. Passed. Mr. Graham, of Dade, chairman of the Committee Oil' Enrollment, submitted the follo\\ing report, to-wit:
.lllr. Speaker : The Committee on enrollment report as duly enrolled
and ready for the signature of the Speaker of the House of Representatives the following bill, to-wit:
A bill to incorporate the-Tybee Improvement Company, and for other purposes therein set forth.
Also, a resolution to investigate certain charges published in the Atlanta Herald, in relation to the endorsement of the lease of the \Vestern & Atlantic Railroad by the General Assembly.
Also, a bill to authorize the Comptroller General to collect by execution debts due the State by lessees of Penitentiary convicts. Passed.
Also, a bill to alter and amend section 383 of the Codeof 1873. Passed.
Also, a bill to change the line between the counties of Appling and wayne, and for other purposes. Passed.
Also, a bill to define and punish criminal negligence. Passed.

FEBRUARY 9 1876.

361

Also, a bill to define the time in which proceedings to to set aside judgments and decrees of courts must be instituted. Passed.
Also, a bill to prescribe the mode of taxation on shares of stock in banks in this State, and for other purposes. Laid on the table.
Mr. Wilson, of Oconee, was granted leave of absence. On motion of Mr. Brown, the House then adjourned until 10 o'clock, to-morrow morning.

ATLAXTA, GEORGIA,

}

Febmary' 9, 1876.

The House met pursuant to adjournment, was called t<> order by the Speaker, and opened with prayer by Rev.
John Jones, the Chaplain.

The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. :Mr. Jones, of Burke, moved to reconsider so much of the action of the House as relates to its action on the following bill, to-wit : A bill to amend an Act entitled an Act to amend and add to an Act to prescribe the manner of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved February 20, 1873, by adding a section thereto increasing the license to sell thesame in Burke county, approved March 3, 1875. The motion to reconsider prevailed.
Mr. Harrison moved to reconsider so much of the action of the House as relates to its action on the following bill, to-wit:
A bill to provide for the payment of insolvent costs of the officers of the Superior Court of the county of Jackson.
The motion to reconsider prevailed, and the bill was recommitted to the Committee on the Judiciary.

JOURNAL OF THE HoUSE
Mr. Livingston moved to reconsider so much of the action of the House as relates to its action on the following bill, to-wit:
A bill to provide Road Commissioners for the several counties of this State, to prescribe their duties, and for other purposes.
The motion to reconsider prevailed, and the bill was committed to the Committee on Internal Improvements.
1\Ir. Peeples moved to reconsider so much of the action of the House as relates to its action on the follo\ving bill, to-wit:
A bill to repeal an Act to create a Board of Commissioners for the county of Gwinnett, and for other purposes.
The motion to reconsider prevailed, and the bill was referred to the Committee on Corporations.
On motion of Mr. Turnbull, the rules were suspended, and the following bill taken up, read the second time and referred to the Committee on New Counties and County Lines, to-wit :
A bill to change the line between the counties of Banks and Jackson, and for other purposes.
The special order of the day being the consideration of the bill making appropriation for the support of the Government for the year 1876, Mr. \Varren moved to postpone the consideration of the bill and make it a special order, to follow the special order for to-morrow.
The motion prevailed.
The regular order of business being the call of the counties for the introduction of new matter, the Clerk proceeded with the call, and the following bills were introduced and read the first time, to-wit:
By Mr. NealA bill for the relief of f\Irs. G. \V. Underwood, of the county of Bartow.

FEBRUARY 9, 1876.

363

Also, a bill to amend section 2708 of the Revised Code -of 1873.
By Mr. GeorgeA bill to allow the Commissioners of Roads and Revenues of the county of Baker to issue county bonds. By Mr. CampA bill to abolish the County Court for the county of Carroll, and for other purposes. By Mr. ShellnutA bill to amend an Act entitled an Act to consolidate, amend and supercede the several Acts incorporating the town of Carrollton, and for other purposes. By Mr. \VarrenA bill for the relief of Philip Phillips, Esq. Al!>o, a bill to repeal certain local Acts for the county of Chatham, so far as they have reference to criminal matters and the criminal costs of Magistrates of said county. By Mr. LawtonA bill to amend section 4784 of Irwin's Revised Code. By Mr. WhittleA bill to secure and protect growing crops from the rav-ages of stock, and for other purposes. By Mr. SaundersA bill to reduce the commissions of the County Treasurer of the county of Clay. Also, a bill to reduce the commissions of the Tax Collector and Tax Receiver for collecting the county tax of the county of Clay. Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
.!vfr. Speaker: The Committee on Enrollment report as duly enrolled,
and ready for the signature of the Speaker of the House of Representatives, the following resolution, to-wit:
A resolution calling the attention of our Representatives in Congress to outrages perpetrated by revenue officers upon citizens of this State.

364

JouRXAL oF THE HocsE

On motion of Mr. Fannin, A. D. Abrahams, Sr., was invited to a seat upon the floor of the House during his. stay in the city.
Mr. Carleton, of Clarke, introduced the following resolution, to-wit:
A resolution requesting the Governor to furnish a detailed statement of the funds received from the sale of certain lands donated by the Congress of the United States to this State for the establishment of Colleges of Agriculture and l\1echanics' Arts, and the amount of interest accruing from the proceeds of said sale to January I. 1876, etc.
1\lr. Stallings introduced th~: following resolution, to-wit:
Resolzed, That this General Assembly will adjourn sme die on Saturday, the 19th instant, at 12 o'clock m.
Ry l\Ir. LindlyA bill for the reEd of Dougherty Jackson.
By Mr. LampkinA bill to amend an Act, approved February 2, 1873, entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and \Vashington.
By Mr. McGillA bill to prohibit the municipal authorities of the city of Bainbridge from taxing lands used for agricultural purposes, lying within the corporation of said city, at more than their actual value.
Also, a bill to limit the amount of county taxes levied. for county purposes, in the county of Decatur, and for other purposes.
Also, a bill to repeal an Act requiring the voters of thecity of Bainbridge to register their names before voting at municipal elections.
Also, a bill to lay off and organize a new county from the county of Decatur.

By Mr. \\'estbrookA bill to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Dougherty, and for other purposes. By Mr. KingA bill for the relief of T. :::>. Chester, Thomas Savage .and John Wilkinson. Mr. 1\IcGill, chairman of the Committee on Internal Improvements, submitted the following report, to-wit:
.Ulr. Speaker: The Committee on Internal Improvements have had
under consideration the following bills, to-wit: A bill entitled an Act to change the Northern terminus
of the Marietta & North Georgia Railroad, and to authorize the building of a branch to the Tennessee line, near Ducktown, and t~ connect and consolidate said road with the North Carolina & Georgia Railroad, and for other purposes.
Also, a bill entitled an Act to incorporate the Northwestern Railroad Company, and for other purposes ; and they recommend that the same do pas~.
By Mr. Hamilton, of FloydA bill to alter and amend an Act to regulate the sale of spirituous, malt and vinous liquc.rs in certain counties therein named, approved February 26, 1875 Also, a bill to alter and amend the charter of the tovm of DeSoto, in the county of Floyd, and for other purposes. By Mr. Calhoun, of FultonA bill for the relief of James D. Collins, of the county of Fulton. By Mr. PeeplesA bill to incorporate the town of Duluth, in the county of Gwinnett, and for other purpose~. By Mr. CandlerA bill to amend the charter of the town of Bellton. in the counties of Hall and Banks.

366

JouRNAL oF THE HousE

Mr. Candler introduced the following resolution, to-wit: A resolution calling the attention of our Representa.tives in Congress to the abuses under the existing revenue laws, and requesting the Governor to forward to them a copy of these resolutions, and asking their efforts to secure a modification of the laws complained of.
By Mr. BinionA bill to prohibit the sale of spirituous liquors within three miles of Island Creek Church, in the county of Hancock.
By Mr. HolcombeA bill to amend an Act, approved Fehruary 26, 1875, regulating the sale of spirituous liquors in certain counties therein named, so far as relates to the county of Harralson.
By Mr. WimberlyA bill to allow the placing of fish traps in the waters of Big Indian Creek, in the county of Houston.
By Mr. PottsA bill to prohibit the sale of intoxicating liquors within three miles in any direction, of Bethlehem and \Vilson churches, in the county of Jackson. By Mr. Battle-
s_ A bill for the relief of J. W. Grubbs, S. J. Bell, A.
Inman and L D. Mathews. By Mr. ChristianA bill for the relief of Jessie McAfee, of Johnson county. By Mr. KilpatrickA bill to amend section 4500 of the Code of 1873. By Mr. Miller, of MarionA bill to define and make permanent the line between
the counties of Marion and Chattahoochee. By Mr. Calhoun, of MontgomeryA bill to prescribe the mode of granting license to sell
intoxicating liquors in the counties of Telfair and Montgomery.

FEBRUARY 9, 1876.

367

By Mr. WoffordA bill to provide for the redemption of property sold under executions in this State.
By Mr. HutchinsA bill to authorize the Mayor and Council of Cedartown to regulate the sale of spirituous, malt and vmous liquors within the incorporate limits of said town.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof: .!vir. Speaker:
The Senate has passed the following bill by a constitutional majority of 28 yeas to 8 nays, to-wit:
A bill to incorporate the Merchants Bank of Atlanta.
The Senate has passed the following bills, to-\vit :
A bill for the relief of F. \V. Williams, on the appearance bond of Harrison Carter, in Berrien Superior Court.
Also, a bill to provide for the removal of certain books in the State Library to some other room in the Capitol.
Also, a bill to amend section 327 of the Code of Georgia.
Also, a bill to repeal section I rth of an Act to incorporate the city of Madison.
Also, a bill to amend an Act to prohibit the sale of spirituous liqu0rs within two miles of New Liberty Church, in Catoosa county.
Also, a bill to repeal the 10th section of an Act to create a Board of Commissioners for the county of Clay.
Also, a bill to define for whom trust estates may be created, and the reason for such creation.
Also, a bill to permit the Savannah Bank and Trust Company to reduce its capital stock.
Also, a bill to amend section 195 5 and 1956 of the Code so as to alter the time for recording mortgages on real and personal property.
Also, a bill to amend section 4376 of the Code.

~68

JOURNAL OF THE HOUSE

The Senate has passed the following bills of the House Qf Representatives with amendments thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to amend the charter of the city of Milledgeville. Also, a bill to appoint Trustees of the Macon Guards, and to grant them certain privileges. Also, a bill to amend the charter of the city of Griffin. Also, a bill to provide for compensation of jurors in Baldwin, Jefferson and Quitman counties. The Senate has passed the following bills of the House of Representatives, to-wit : A bill to amend the charter of the city of Augusta. Also, a bill to provide for obtaining private ways to timber landings in the county of Emanuel. Also, a bill to compensate jurors for the county of Burke. Also, a bill to change the time of holding the Superior Court of the county of Burke. Also, a bill to amend an Act to prohibit the buying, selling, delivering or receiving of any farm products, so that the Act shall apply to the county of Heard. Also, a bill to prohibit the sale of intoxicating liquors within one mile from Morgan Camp Ground, in Calhoun county. Also, a bill to repeal an Act to provide for the payment of insolvent c::>sts to the county officers of the county of Spalding. Also, a bill to change the line between the counties of \Vare and Pierce. Also, a bill to create a Board of Commissioners for the county of Jones. Also, a bill to protect the owners of stock in the county of Wayne. Also, a bill to require Receivers of Tax Returns to take down in full on their digests the first or christian name of all tax payers.

FEBRUARY 9, 1876.

369

Also, a bill to prevent the sale of intoxicating liquors within two miles of Cedar Creek Baptist Church in the <:ounty of Floyd.
Also, a bill to fix the compensation of jurors in the County Court of Dooly county, and to provide for the payment thereof.
Also, a bill to regulate the pay of jurors in Dougherty county.
Also, a bill to change the line between the counties of Calhoun and Randolph.
Also, a bill to change the line between the counties of Irwin and Worth.
Also, a bill to reduce the Sheriffs' bonds of 1\Iarion, Baker and Macon counties, from ten to six thousand dollars.
Also, a bill to regulate the pay of all jurors of the county of Dodge.
Also; a bill to regulate the pay of grand and petit jurors for the counties of Montgomery and Telfair.
Mr. \Varren, chairman of the Committee on Finance, .submitted the following report to-wit:
Mr. Speaker: The Committee on Finance have had under their con-
sideration the following bills, which they report back to the House of Representatives, with the recommendation that the same do pass, to-wit :
A bill for the relief of R. N. Varnell, and his securities, 'Of Whitfield county.
Also, a bill to authorize the issue of bonds of the State, wherewith to retire by exchange the recognized bonds of the Macon & Brunswick Railroad endorsed by the State, as also the bonds of the North & South Railroad having like endorsement, and for the purpose of paying the interest now due and falling due thereon, up to the date of retirement by exchange, and for other purposes.
Also, a bill to declare invalid, null and void certain six 24

370

JouRNAL oF THE HousE

per cent. currency bonds of the State of Georgia, issued under an Act approved February 17, 1854.
Also, a bill for the relief of B. B. Hinton and Thos. B. Lumpkin, of the county of Marion.
Also, a bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Calhoun.
Also, a bill to amend an Act entitled an Act to authorize the Judge of the County Court of Richmond county to pay the school debt due the school officers and teachers of Richmond county for the years 1871 and 1872, and to borrow money to replace the same in the treasury.
Also, a bill to regulate the per diem pay of grand and petit jurors in the county of White.
Also, a bill to alter and fix the pay of the County Treasurer of the county of DeKalb; also, to alter and fix the per diem that shall be allowed the Sheriff of the said county for board of prisoners in the county jail.
Also, a bill to regulate the compensation of Tax Collector and the Receiver of Tax Returns for the collection of the county tax for the county of Talbot, and to fix the salary of County Treasurer of said county.
Also, a bill to repeal an Act authorizing Justices of the Peace, in their discretion, to award cost against the accused or prosecutor, by section 11th of the Act of 1811.
Also, a bill to repeal an Act entitled an Act to repeal an Act to regulate the commissions to be allowed the County Treasurer of the county of Bartow.
They have also had under their consideration the following bills, which they recommend do pass as amended, towit:
A bill to regulate the payment of insolvent costs claimed by the court officers of Effingham ; to prohibit the loan of court funds and the purchase of claims against the county by said court officers.
Also, a bill to authorize tl:e Ordinary of Fulton county

FEBRUARY 9 !876.

371

to issue bonds for the purpose of raising money to build a court house.
Also, a bill to compensate E. C. Murphy and the legal representatives of M. \V. Rasbury for services rendered' the State of Georgia.
They have also had under their consideration the following bills, which they recommend do pass by substitute, towit:
A bill to regulate and fix the salary of the County Treasurer of the county of Campbell, and for other purposes.
Also, a bill to regulate the compensation of grand and traverse jurors and Bailiffs of the county of Calhoun.
Also, the following bills, which they report back and ask their reference to the Judiciary Committee, to-wit:
A bill to create and organize a County Court for the county of Habersham.
Also, a bill to amend section 1844 of the Code, relative to the issuing of executions by Ordinaries against guardians, in this State.
Also, a bill which they report back, and ask the samebe referred to the Committee on Corporations, to-v.'it:
A bill to incorporate the town of Decatur, in the county of DeKalb, and for other purposes.
Also, the following bill, which they report back without recommendation, to-wit:
A bill to amend an Act known as the local option law, approved February 26, 1875
Also, the follO\ving bill, which they ask the reference to the Committee on the Judiciary, to-wit:
A bill to prescribe and limit the compensation of Tax Receiver and Tax Collector in the county of Bibb, and for other purposes.
Also, the following bill, which they ask the reference to the Committee on Education, to-wit:
A bill to require the Treasurers of Effingham, Clinch

372

JOURNAL OF THE HOUSE

and Emanuel counties to receive and disburse the public school fund of said counties; to give additional bond for the same, and to limit the pay of County School Commissioners of said counties.
They have also had under their consideration the following bills, which they recommend do not pass, to-wit:
A bill to change, reduce and fix the annual salaries of the Governor of the State, Judges of the Supreme and Superior Courts, and other State officers.
Also, a bill to donate to the county of Calhoun the State ad ~alorcm taxes of said county for the year 1876.
Also, a bill to prescribe the manner that owners of railroad stock, and the owners of stock in other incorporated companies, shall render in such stock and pay the taxes thereon.
Also, a bill to clean out and remove obstructions from Toccoa river, in Fannin county, in this State; to make an appropriation for the same, and for other purposes.
Also, a bill to protect the citizens of Clinch county against loss in damage to stock killed or injured by the running of locomotives, cars and other machinery on the Atlantic & Gulf Railroad, in this State.
Also, a bill for the relief of George 1\i. Davis, former Tax Collector of Fayette county.
Also, a bill for the relief of Malcolm Stafford, late auctioneer in the county of Clarke.
Also, a bill to exempt from road duty the officers and members of the Liberty Independent Troop of Cavalry, in the county of Liberty.
Also, a bill to exempt from taxation all persons who have lost an arm or leg.
Also, a bill to allow A. H. McEwen, of Whitfield county, to practice medicine without license, and collect for the same.
Also, a bill to allow M. l\I. Landrum to practice medicine, and collect fees for the same.

FEBRUARY 9 1876.

373

Also, a bill for the relief of William C. Peek, of the county of Fulton, and for other purposes.
Also, a bill to reimburse David Buckofzer for expenses incurred and for services rendered whilst acting as Commissioner of this State at the \Vorld's Exposition at Vienna, in the year 1873.
Also, a bill to prescribe the duties of Tax Collectors in the several counties in this State, and for other purposes.
By Mr. \VesselowskyA bill to compensate Stephen Saucer, of Dougherty county, for the capture of James Brown, and for other purposes.
By Mr. TumlinA bill to repeal an Act to amend section 1876 of the Revised Code.
By Mr. BlackA bill to incorporate the Augusta Insurance Company. Also, a bill to alter and amend section 4368 of the Code of 1873. By Mr. WalshA bill to incorporate the Atlantic & Mexican Gulf Canal Company.
By Mr. BlackA bill to prescribe the duties of and fix the terms of office of the Solicitor of the County Court of the county of Richmond, and for other purposes.
Also, a bill to authorize and require the State Treasurer to pay certain past due coupons of this State therein specified.
By Mr. W esselowskyA bill to make the Tax Collector of the county of Dougherty ex-officio Sheriff, and for other purposes.
By Mr. Stewart, of RockdaleA bill to amend the charter of the town of Conyers, and for other purposes.

374

JOL:RXAL OF THE HocsE

By Mr. Humber-
A bill to confer certain privileges upon James Grier, of the county of Stewart.
By Mr. BeaUA bill to prohibit the sale of intoxicating liquors at Red Hill, in the county of Stewart. By Mr. Furlov.-
A bill to amend section 32 I 7 of the Code of I 873
Also, a bill to regulate the leasing of the Penitentiary convicts of the State by the Governor, and for other purposes.
On motion of Mr. Furlow, two hundred copies of this bill were ordered printed for the use of the House.
By :\'lr. HammondA bill to provide for the payment of the fees of the Solicitor General of the Southern Judicial Circuit of this State, in cases of misdemeanors transferred to the County Courts of said Circuit, and for other purposes. By Mr. PitmanA bill to amend an Act entitled an Act to incorporate the town of Hogansville, approved October I 2, I 870. By l\fr. FainA bill to authorize the Governor to lease Penitentiary convicts to the Gainesville, Blairsville & Northwestern Railroad Company, and for other purposes. Also, a bill to regulate the sale of schnapps in the county of Union, and for other purposes. By Mr. Clements, of WhitfieldA bill to alter and amend section 4303 of the Code of
1873 By ~vir. ColleyA bill to amend an Act entitled an Act to amend an
Act establishing County Courts in certain counties in this State, so far as the same relates to the county of \Vilkes, and for other purposes.
By Mr. McAfeeA bill for the relief of A. A. Paul.

FEBRL"ARY 9 1876.

375

Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Mr. Speaker :
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following bill, to-wit:
A bill to incorporate the Tybee Improvement Company, and for other purposes therein set forth.
Also, a resolution to investigate certain charges published in the Atlanta Herald in relation to the endorsement of the lease of the Western & Atlantic Railroad by the General Assembly.
Also, a resolution calling the attention of our Representatives in Congress to outrages perpetrated by Revenue officers upon citizens of this State.
On motion of Mr. Revill, the rules were suspended, and the following bill taken up for consideration, to-wit:
A bill to repeal an Act entitled an Act to create a State Board of Health, approved February 25, 1875
Pending the consideration of the bill, the hour of 1 o'clock having arrived, Mr. Tumlin moved to extend the time of the House thirty minutes, which motion did not prevail, and the House was adjourned by the Speaker until 3 o'clock this afternoon.

AFTERNOON SESSION.
3 o'cLOCK P. M.
The House re-assembled. The call of the roll was, on motion, dispensed with. The House resumed the consideration of the following bill, as the unfinished business of the morning session, towit: A bill to repeal an Act, approved February 26, 1875, entitled an Act to establish a State Board of Health, and for other purposes.

376

JouR~AL OF THE HousE

l\Ir. Peeples offered the following amendment to the bill :
In the enacting clause, after the word ''repeal," add sections I I, I2, I4, and IS.
Amend by striking out all of section Ist, and inserting in lieu thereof:
SECTIO:N I. Be it macted, etc., That sections I I, I2, I4, I 5, of the above recited Act, be and the same are hereby repealed.
SEc. II. And be it jurt!tet enacted, That all reports now required by said Act shall be made monthly, directly to the Secretary of the State Board, and said Secretary shall discharge all the duties now required by said Act of the Ordinaries of the several counties.
Mr. Harrison moved to indefinitely postpone the bill.

On the motion to indefinitly postpone the bill, Mr. Jones,.

of Crawford, called for the yeas and na.ys, which call was

sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Adams,

Fredrick,

McKinly,

Asbury,

Furlow,

McGill,

Alderman,

Fannin,

Bacon, of Bibb, Fort,

McAfee, Pierce,

Barnwell,

George,

Phinazee,.

Brown,

Glisson,

Peden,

Black,

Gray,

Shewmake,

Blue,

Graham, of Dade, Smith,

Battle,

Graham, of Dooly, of Dawson,

Beall,

Hamilton,

Simmons,

Craig, of Bibb,

of Clinch, Skelton,

Cassidy,

Hoge,

Stewart,

Carleton,

Humber,

of Rockdale,

of Clarke, Hutchenson,

Calhoun,

HarraH,

of Fulton, Harrison,

Clements, of Irwin, Hammond,

Stewart, of Sumter,. Speer, Turner, of Brook~ Thomas,

FEBRUARY 9 1876.

371.

Clements, of Walker,
Christian, Chappell, Crawford, Clarke, Colley, Duncan, Duggan, Davis, Eakes,

Hall,

Tumlin,

Henderson,

\Varren,

Jones, of Burke, \Vilcox,

Jones, of Crawford, \Vestbrook,

Kennedy,

\Vesselowsky,

of Emanuel, \Vilcher,

King,

Wimberly,

Lawton,

\Villis, of Macon,

Lampkin,

Williams,

Livingston,

\Valsh.

Those voting in the negative are-:Messrs.

Atkinson,

Graham, of Telfair, Peeples,

Anthony,

Grimes,

Potts,

Allred,

of Miller, Parker,

Baker,

Hamilton,

Patman,

Bacon, of Liberty,

of Floyd,

Patton,

Binns,

Holland,

Pitman,

Bennett,

Hutchins,

Rankin,

Burns,

Holcombe,

Ridley,

Binion,

Jamison,

Revill,

Carter,of Appling, Jones, ofRabun, Shellnut,

Carter, ofWalton, Kennedy,

Sharpe,

Craig, of White,

of Bulloch, Stallings,

Camp,

Kilpatrick,

Smith, of \Vebster,

Carleton,

Lang,

Spinks,

of Greene, Lindley,

Searcy,

Crymes,

Leach,

Sharman,

Calhoun,

Lane,

Terrell,

of Montgomery, Mathews,

Turnbull,

Cobb,

Maxwell,

Turner, of Floyd~

Candler,

Mattox,

Tootle,

Clements,

Moss,

Whittle,

of Whitfield, Meadows,

\Vilcoxon,

DeLoach,

Miller, of Marion, Winningham,

Duggar,

Miller, of \Vare, Ware,

:378

} OURNAL OF THE HoUSE

Dyer,

Marshall,

Wynn,

Duke,

Neal,

Willis, of Greene,

Elkins,

Nelms,

Warner,

Ficklan,

Norman,

\Vofford,

Fain,

Padget,

\Vorthen.

Yeas, 76. Nays, 79

So the motion to indefinitely postpone the bill did not

prevail.

Mr. Bacon, of Bibb, moved to recommit the bill to the

<:ommittee on the Judiciary, which motion prevailed.

On motion of Mr. Speer, the following bills of the House

were taken up, and the Senate amendments thereto con-

curred in, to-wit :

A bill to provide for the compensation of jurors in the

counties of Baldwin, Jefferson and Quitman. Also, a bill to establish and define th~ corporate limits

of the city of Griffin, and for other purposes.

Also, a bill to appoint Trustees of the Macon Guards,

and to grant them certain privileges, and for other pur-

poses.

Also, a bill to amend the charter of the city of Milledge-

ville.

By request, l\Ir. Furlow was relieved from duty as a

member of the joint special committee appointed to inves-

tigate the alleged charges of fraud in obtaining the endorse-

ment of the lease of the \Vestern & Atlantic Railroad.

The Speaker appointed Mr. Smith, of Lowndes, as a

member of the committee, to fill the vacancy thus caused.

The following message was received from his Excellency

the Governor, through Mr. \Varrcn, his Secretary, to-wit:

_ll,fr. Speaker:

His Excellency the Governor has approved the following

Act, to-wit :

An Act to incorporate the Tybee Improvement Compa-

ny, and for other purposes therein set forth.

Also, the following resolutions :

A resolution calling attention of our Representatives in

FEBRUARY 9, 1876.

379

Congress to outrages perpetrated by Revenue officers upon -citizens of this State.
A resolution to investigate certain charges published in the Atlanta rlerald, in relation to the endorsement of the lease of the \Vestern & Atlantic Railroad by the General Assembly.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Mr. Speaker: The Committee on Enrollment report as duly enrolled
.and ready for the signature of the Speaker of the House of Representatives, the following bills, to-wit:
A bill to prohibit the sale of any kind of intoxicating or ardent spirits within two miles of Cedar Creek Baptist Church, in the CQJ~nty of Floyd.
Also, a bill to require Receivers of Tax Returns to take .down in full on their digests the first or christian names of all tax payers.
Also, a bill to regulate the pay of all jurors in the county <>f Dodge.
Also, a bill to regulate the pay of grand and petit jurors in Dougherty county.
Also, a bill to change the time of holding the Superior Court of the county of Burke, and for other purposes.
Also, a bill to reduce the Sheriffs' bonds of Marion, Baker and Macon counties from ten to six thousand dollars.
Also, a bill to declare of full force and effect the tax ordinances of the City Council of the city of Augusta for the year 1874, and for other purposes.
Also, a bill to amend and apply the provisions of an Act .entitled an Act to prohibit the buying, selling, delivering -or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks and Qther counties therein named, without permission of the QWner or employer of the land on which the products are raised, and to prescribe the punishment therefor, and for

380

JouRNAL OF THE HousE

other purposes, approved August 23, 1872, so that said Act shall apply and embrace the county of Heard.
Also, a bill to repeal an Act to provide for the payment of insolvent costs to the county officers of the county of Spalding, approved August 29, 1872.
Also, a bill to provide for obtaining private ways to timber landings in the county of Emanuel, and for other purposes.
Also, a bill to fix the compensation of jurors for the county of Burke.
Also, a bill to regulate the pay of grand and petit jurors for the counties of Montgomery and Telfair.
Also, a bill to protect the owners of stock in the county of Wayne, and for other purposes.
Also, a bill to change the line betweel\ the counties of Irwin and 'vVorth.
Also, a bill to create the office of Commissioner of Roads for the county of Jones, to define their duties, and to provide compensation therefor.
Also, a bill to change the line between the counties of Calhoun and Randolph.
Also, a bill to prohibit the sale of intoxicating liquors within one mile from Morgan Camp Ground, in Calhoun county.
Also, a bill to change the line between the counties of Ware and Pierce.
Also, a bill to fix the compensation of jurors in the County Court of Dooly, and to provide for the payment thereof.
The following communication from the Convention of the Georgia State Agricultural Society, now in session at Brunswick, Ga., addressed to the GeneraL Assembly was read, to-wit:
The committee appointed by the. Convention on the subject of legislation in reference to a dog law, beg leave to report, to-wit:
That a law providing for the effectual taxation of dogs~

FEBRUARY 10, I8J6.

381

with such other features as may be necessary to promote sheep growing and the production of wool, is important to the best interests of the people of the State of Georgia, and that we request that the present Legislature do enact such a law.
That we hear with great pleasure that such an Act has already passed the House of Representatives, for which this Convention tenders its thanks, and requests the Senate to concur in passing the same, and the Executive to approve the same.
Leave of absence was granted Mr. Sheffield. On motion, the House then adjourned until 10 o'clock, a. m. to-morrow.

ATLANTA, GEORGIA,

1

J Febrnary 10, I 8;6.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.

The call of the roll was, on motion, dispensed with.

The Journal of yesterday was read and approved.

The following resolution, offered by Mr. Jones, of Burke, was read and agreed to, to-wit:

Resobed, That a seat upon the floor of the House be tendered Hon. Jno. W. Carswell, of Burke county, during his stay in the city.

Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:

llfr. Speaker:

The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following bills, to-wit:
A bill to fix the compensation of jurors in the County

882

} OURNAL OF THE HOUSE

Court of Dooly county, and to provide for the payment thereof.
Also, a bill to change the line between the counties of Ware and Pierce.
Also, a bill to prohibit the sale of intoxicating liquors within one mile from Morgan camp ground, in Calhoun county.
Also, a bill to change the line between the counties of Calhoun and Randolph.
Also, a bill to create the office of Commissioner of Roads for the county of Jones, to define the duties, and provide compensation therefor.
Also, a bill to change the line between the counties of Irwin and worth.
Also, a bill to protect the owners of stock in the county of Wayne, and for other purposes.
Also, a bill to regulate the pay of grand and petit jurors for the counties of Montgomery and Telfair.
Also, a bill to fix the compensation of jurors for the county of Burke.
Also, a bill to provide for obtaining ways to timber landings in the county of Emanuel, and for other purposes.
Also, a bill to repeal an .\ ct to provide for the payment of insolvent costs to the county officers of the county of Spalding, approved August 29, I 862.
Also, a bill to amend and apply the provisions of an Act entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, and other counties therein named, without permission of the owner or employer of the land on which the products are raised, and to prescribe the punishment
therefor, and for other purposes, approved August 2:,
1872, so that said Act shall apply to and embrace the county of Heard.

FEBRUARY 10, 1876.

383

Also, a bill to declare of full force and effect the tax ordinances of the City Council of the city of Augusta for the year 1874, and for other purposes.
Also, a bill to reduce the Sheriffs' bonds of Marion~ Baker and Macon counties from ten to six thousand. dollars.
Also, a bill to change the time of holding the Superior Court of the county of Burke, and for other purposes.
Also, a bill to regulate the pay of grand and petit jurors. in Dougherty county.
Also, a bill to regulate the pay of all jurors of the county of Dodge.
Also, a bill to require Receivers of Tax Returns to take down in full, on their digests, the first or christian names of all the tax payers.
Also, a bill to prohibit the sale of any kind of intoxicating or ardent spirits within two miles of Cedar Creek Baptist Church, in the county of Floyd.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof, to-wit:
Mr. Speaker: The Senate has passed the following bills, to-wit : A bill to amend an Act to prescribe the mode of incor-
porating towns and villages in this State.
Also, a bill to incorporate the Toccoa & Tallulah Railway Company.
Also, a bill to prohibit the driving of stock into this. State from another State between the 1st of April and the last of November.
Also, a bill to repeal an Act to create a County Court in the county of Lowndes.
Also, a bill to regulate and define the liability of this State as owner of the Macon & Brunswick Railroad, and to prescribe how and where suits shall be brought against the same.
Also, a bill to amend an Act to regulate the sale of

"384

JouRNAL OF THE HousE

intoxicating liquors in the counties of \Vilkes and Polk,
approved February 27, 1875.
Also, a bill to amend an Act to prescribe the mode of granting license to sell spirituous liquors in the counties of Jefferson, Burke and Washington, so as to embrace the counties of Twiggs and Glascock.
Also, a bill to amend the charter of the city of Brunswick.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit: llfr. Speakct :
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following bills, to-wit :
A bill to provide for the compensation of jurors, in Baldwin county.
Also, a bill to appoint Trustees of the Macon Guards, and to grant them certain privileges, and for other purposes.
Also, a bill to amend the charter of the city of Milledgeville.
Mr. Colley, chairman of the Committee on the Military, submitted the following report, to-wit:
Mr. Speaker: The Committee on the Military have had under consider-
ation the following bills, which they recommend do pass, to-wit:
A bill to appropriate money for the purchase of arms for the volunteer military companies of the State, and to authorize the Governor to pay for the same, and for other purposes.
They have also had under consideration the following bills, which they recommend be referred to the Committee on the Judiciary, to-wit:
A bill to relieve the \Vashington Rifles from jury duty. Also, a bill to exempt the members of the Fulton Blues from jury duty.

FEBRUARY 10, 1876.

385

They have also had under consideration the following resolutions, which they recommend be adopted, to-wit:
A resolution authorizing the Governor to appoint a Board to revise that portion of the laws of this State relating to volunteers.
Also, a resolution to authorize the Governor to present a banner to the Clinch Rifles, of Augusta.
The House proceeded with the consideration of the bill as the special order of the day, to-wit:
A bill to require the payment of moneys arising from fines and forfeitures into the County Treasury, and regulate the disbursement of the same.
On motion, the bill was taken up for consideration by sections.
Mr. vVarner offered the following amendments to the fourth section of the bill, which were adopted : Amend by inserting after the words 'County Court," in the second line of said section, the following: ''or any Notary Public or Justice of the Peace having jurisdiction for the trial of misdemeanors in any county."
Amend by inserting in the tenth line of the fourth section, after the words "County Court," the following: "said Notary Public or Justice of the Peace."
The section as amended was adopted.
Mr. McAfee offered the following amendment to the fifth section of the bill: Strike out "annually," in the first line; the words "the fall," in the second line; and the words "twelve," in the third line; and insert in lieu of "annually," "each regular," and in lieu of "twelve,"
"' six."
Mr. Hoge offered the following proviso to the same section, to-wit :
Pnn,z'ded, That nothing in this Act shall affect the distribution of funds arising from fines and forfeitures, or the compensation of County Treasurers as regulated by any local law.

386

JouRNAL OF THE HousE

The proviso was adopted, and the section as amended was adopted.
Mr. Black offered the following additional proviso to the sixth section, to-wit:
Provided further, That nothing contained in this Act shall affect any local law now in force in this State.
Mr. Bacon, of Bibb, moved to strike out the proviso proposed by the committee to the sixth section, which motion did not prevail.
The section as amended was then adopted. The bill as amended was then passed. Mr. Speer offered the following resolution, to-wit: A resolution authorizing the Governor, in the presence of himself and the Secretary of State and State Treasurer, to destroy certain State bonds issued under an Act, approved December I I, I858; also, certain seven per cent. currency bonds, dated May I, I872; and providing for suitable entries of the destruction of said bonds to be made.
On motion of Mr. Speer, the rules were suspended, and the resolution referred to the Committee on Finance.
The House then went into the Committee of the \Vhole for the consideration of the following bill, as the next special order of the day, to-wit:
A bill making appropriation for the Executive, Legislative and Judicial expenses of the Government, and for other purposes therein mentioned, for the year I876.
After some time spent in the consideration of the bill, Mr. Candler, chairman of the Committee of the Whole, reported the bill back to the House, with a report of progress, and asked leave to sit again.
The hour of adjournment having arrived, the Speaker declared the House adjourned until 3 o'clock this afternJon.

FEBRUARY IO, 1876.

38T

AFTERNOON SESSION.
3 O'CLOCK P. M. The House re-assembled. The roll call was, on motion, dispensed with. Mr. Speer, from the Committee on Education, submitted the following report, to-wit:
llfr. Speaker: The Committee on Education, to whom was referred a.
bill to be entitled an Act to repeal sections 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264and 1265 of the Code of Georgia, and to repeal so much of other portions of said Act of 23d August, 1872, in reference to public schools as are inconsistent with the provis_ ions of this Act, and organize anew the public school system of this State, have instructed me to report the same back to the House, and to present a substitute for the same, which is herewith submitted.
The bill to be entitled an Act to provide for establishing State normal schools, and for other purposes, and the bill to be entitled an Act to repeal an Act entitled an Act to equitably adjust the claims of the colored race to a portion of the proceeds of the agricultural land scrip, approved March 3, 1874; and the bill to be entitled an Act to provide compensation to the members of the Board of Education of Hart county, and for other purposes ; I am instructed to report the same back to the House, with a recommendation that they do not pass.
I am further instructed, on the bill to be entitled an Act to empower the Building Committee of the Austell Collegiate Institute, of Campbell county, town of Fairburn, to levy a special tax for the completion of said building, and for other purposes, to report a substitute therefor.
Mr. Speer, chairman of the Committee on Education, made the following additional report, to-wit :
il.fr. Speaker:
The Committee on Education, to whom was referred the

388

JouRNAL OF THE HousE

bill of the House to be entitled an Act to reorganize the government of the State University, and for other purposes, beg leave to report the same back to the House, with an amendment in the form of the proviso to the second section of said bill, and as amended recommend the passage of said bill.
On motion of Mr. Speer, the rules were suspended, and the following bill was taken up, and two hundred copies of the bill were ordered printed for the use of the House, and the bill made the special order of Saturday next, to-wit:
A bill to repeal sections 1254, 1255, 1256, 1257, 1258, 1200, 1261, 1262, I 263, 1264, 1265, 1266, 1267, 1268, 1269 and 1270 of the Code of 1873, and for other purposes.
The House went into the Committee of the \Vhole for the further consideration of the following bill, as the unfinished business of the morning session, to-wit:
A bill making appropriations for the Executive, Legislative and Judicial expenses of the Government for the year 1876, and for other purposes.
After some time spent in the consideration of the bill~ Mr. Candler, chairman of the Committee of the \Vhole House, reported the bill back to the House, with the recommendation that the bill do pass as amended.
Mr. \Varren called for the previous question, which call was sustained.
The report of the committee was agreed to.
The bill as amended then passed.
On motion of Mr. Duggar, the rules were suspended, and the following bill was introduced and read the first time, to-wit:
By Mr. DuggarA bill to authorize David Shuler, of the county of Fannin, to erect and keep a gate across a public road leading from Ellijay to Murphy, North Carolina, and for other purposes.

FEBRUARY 10, 1876.

389

On motion of Mr. Miller, the following bill was taken up under a suspension of the rules, and read the second time, and referred to the Committee on New Counties and County Lines, to-wit:
A bill to define and make permanent the line between the counties of Marion and Chattahoochee.
On motion of Mr. Adams, the rules were further suspended, and the following bill taken up, read the second time, and ordered to be engrossed, to-wit:
A bill to exempt the members of the Quitman Guards, a military company of Monroe county, from jury, road, and street duty.
On motion of Mr. Brown, the following bill was taken from the table for further consideration, to-wit :
A bill to alter and amend section 610 of the Revised Code.
On motion of Mr. Brown the bill was again laid on the table.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
Jvir. Speaker:
The Committee on the Judiciary have had under consideration the following bills, and recommend the passage of the same, to-wit:
A bill to regulate the fees of the President of the Board of Town Commissioners and Marshal of the tmvn of Laurenceville.
Also, a bill to regulate the sale of spirituous liquors in the town of Lithonia, county of DeKalb.
Also, a bill to confer upon the chief executive officer of the city of Darien certain powers.
Also, a bill to legalize certain acts of the County Commissioners of Mcintosh county.
Also, a bill to amend an Act to incorporate the town of \Vrightsville, in the county of Johnson.
Also, a bill to amend an Act establishing a City Court in the city of Atlanta.

~90

JocR;.<AL or THE HocsE

Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, towit:
A bill to amend section r646 of the Code of Georgia, regulating the fees of Solicitor Generals.
Also, a bill to repeal all laws making it obligatory for the County Treasurer of Chatham county, to pay Solicitor General of the Eastern Judicial Circuit insolvent costs for prosecution of insolvent persons in the Superior Court of Chatham county.
The order of business being the reading of House bills the third time, the following bills were read the third time, and disposed of as is hereinafter specified, to-wit :
A bill for the relief of E. C. Murphey and the family of M. \V. Rasberry, deceased.
The Committee on the Judiciary, to whom this bill was referred, reported the bill back to the House, with the recommendation that it do pass as amended.
The House went into a Committee of the \Vholc for the consideration of said bill.
Mr. Shewmake, chairman of the Committee of the whole, reported the bill back to the House with the recommendation that it do pass as amended.
The report of the committee was agreed to, and the bill as amended passed.
Also, a bill to regulate the fees of the President of the Board of Town Commissioners, and Marshal of the town of Laurenceville, in the county of Gwinnett. Passed.
Also, a bill to amend section r646 of the Code of Georgia. Passed by substitute.
Also, a bill to fix the salary of the County Treasurer of the county of Campbell. Passed by substitute.
Also, a bill to regulate the pay of grand and traverse jurors and Bailiffs in attendance upon the Superior Court of the county of Calhoun. Passed by substitute.
Also, a bill for the relief of William C. Peek, of 'the county of Fulton, and for other purposes.

FEBRUARY 10, 1876.

391

The Committee on Finance, to whom this bill had been referred, reported it back, with the recommendation that it do not pass.
The report of the committee was disagreed to, and the bill passed.
Also, a bill to repeal all laws and parts of laws heretofore passed, which make it obligatory upon the County Treasurer of the county of Chatham, and the Treasurer of the city of Savannah, to pay the Solicitor-General of the Eastern Judicial Circuit, insolvent fees for the prosecution of insolvent persons in the Superior Court of Chatham county, and the City Court of the city of Savannah, and for other purposes. Passed by substitute.
Also, a bill to amend an Act known as the local option Act. Passed.
Also, a bill to exempt from taxation all persons who have lost an arm or leg. Lost.
Also, a bill to prescribe the manner of rendering railroad, bank and other stock for taxation. Withdrawn.
Mr. Hammond, chairman of the Committee on Banks, submitted the following report, to-wit:
Mr. Speaker : The Committee on Banks have had under consideration
the following bills, which they herewith return, with the recommendation that they do pass by substitute, to-wit:
A bill to be entitled an Act to amend the charter of the Commercial Bank of Augusta, so as to allow a reduction of its capital stock, and for other purposes therein named.
Also, a bill to be entitled an Act to incorporate the Middle Georgia Co-operative Association of Patrons of H unsbandry.
Also, the following bill, which they recommend do pass as amended, to-wit :
A bill to be entitled an Act to incorporate the Provident Savings and Loan Association, of Savannah.

392

JouRNAL OF THE HousE

On motion of Mr. Brown, the following bill was taken from the table and passed as amended, to-wit:
A bill to alter and amend section 610 of the Code. Mr. Mattox moved that the House do now adjourn, which motion did not prevail.
Also, a bill to confer upon the chief executive officer of the city of Darien power to pass an alternate sentence of fine or imprisonment. Passed.
Also, a bill to legalize certain acts of the County Commissioner of the county of Mcintosh. Passed.
Also, a bill to require the Treasurers of Effingham, Clinch
and Emanuel counties to receive and disburse the public school fund of said counties, and for other purposes. Recommitted to the Committee on Education.
Also, a bill for the relief of George M. Davis, former Tax Collector of Fayette county. Lost.
Also, a bill to amend an Act to incorporate the town of Decatur, assented to December 10, 1823, also approved March 3, 1856, and for other purposes. Recommitted to the Committee on Corporations.
Also, a bill to protect the citizens of Clinch county against loss in damage to stock killed or injured by locomotives on the Atlantic & Gulf Railroad. Lost.
Also, a bill for the relief of Malcolm Stafford, late auctioneer in the county of Clarke. Laid on the table.
Also, a bill to submit to the legal voters residing within one mile of the Georgia Railroad depot, in the town of Lithonia, in DeKalb county, the question of prohibiting the sale of spirituous liquors within said territory. Passed.
Also, a bill to empower the Building Committee of the Austell Collegiate Institute of Campbell county, town of Fairburn, to levy a special tax for the completion of said building. Passed by substitute.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Calhoun, approved February 2:::, 1873. Passed.

FEBRUARY 10, 1876.
Also, a bill to amend an Act to establish a City Court in the city of Atlanta, approved December 15, 1871. Passed.
On motion of Mr. \Varner, the House adjourned until 9.30 a. m., to-morrow.

ATLANTA, GEORGIA,

}

February I I, I 876.

The House met pursuant to adjournment, was called toorder by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with.
The Journal of yesterday was read and approved.
Mr. Warner moved to reconsider so much of the action of the House on yesterday as relates to its action on the following bill, to-wit:

A bill for the relief of George M. Davis, former Tax Collector of the county of Fayette.
The motion to reconsider prevailed, and the bill was recommitted to the Committee on Finance.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:

Jlfr. Speaker:

The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following bill, to-wit:

A bill to establish and define the corporate limits of the city of Griffin, Spalding county, Georgia ; to limit the number of officers of said city; to limit the current expenses of said city; to define the powers and duties of the Mayor and Council of said city; to repeal certain Acts amending the charter of said city, and for other purposes therein mentioned.

394

JouRNAL oF THE HousE

Mr. Fort, chairman of the Committee on New Counties and County Lines, submitted the following report, to-wit:
Mr. Speaker: The Committee on New Counties and County Lines
have had under consideration the following bills, which they recommend do pass, to-wit :
A bill to change the county line between the counties of Habersham and Franklin, by adding to the county of Franklin a portion of Habersham.
A bill to change the line between the counties of \Vorth and Irwin.
A bill to change the line between the counties of Pierce and Charlton.
The committee have also had under consideration the following bill, which they recommend do not pass, to-wit:
A bill to change the line between the counties of Troup and Heard.
Mr. Rudisill, chairman of the Committee on the Deaf and Dumb Asylum, submitted the following report, towit:
ltfr. Speaker : The Committee on the Deaf and Dumb Asylum have
had under their consideration the following bill, which they report back to the House of Representatives, with the recommendation that the same do pass as amended, towit:
A bill to provide for the admission of colored deaf mutes to the benefits of the Deaf and Dumb Asylum of this State, and to authorize the purchase of suitable property therefor, and to appropriate money therefor.
Mr. Jones, chairman of the Committee on Agriculture, submitted the following report, to-wit : Mr. Speaker:
The Committee on Agriculture have had under consid-

FEBRUARY I I, 1876.

395

eration the following bills, and ask leave to make the following report, to-wit:
A bill to be entitled an Act to amend and apply the provisions of an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks and other counties therein named, without permission of the owner or employer of the land on which the products are raised, and to prescribe the punishment therefor, and for other purposes, approved August 23, 1872, so that said Act shall apply and embrace the county of 1\luscogee.
Also, a bill to be entitled an Act to amend an Act entitled an Act to prohibit hunting on the land of another, in the counties of Quitman and Camden, and for other purposes, approved February 27, 1874, by extending the provisions of the same to the county of Wayne.
Also, a bill to be entitled an Act to extend the provisions of an Act entitled an Act to prescribe and enact a separate and distinct stock law for certain territory therein specified.
Also, a Senate bill, to-wit:
A bill to be entitled an Act to alter and amend an Act entitled an Act for the prevention of cruelty to animals, approved March I, 1875
All of which bills the committee recommend do pass.
Also, a bill to be entitled an Act to prevent setting fire to woods.
Also, a bill to encourage the propagation of fish in the waters of the State of Georgia, and for their protection, and to appropriate money for the same. Which bills the committee ecommend do pass, with amendments.
Also, a bill to be entitled an Act to create a Board of Contracts, and for other purposes, in the county of Lib-

396

JOURXAL OF THE HOUSE

erty. \Vhich bill the committee ask leave to return without recommendation.
On motion of Mr. \\'arner, the rules were suspended, and the following Senate bill was taken up and read the first time, to-wit :
A bill to authorize and empower the Court of Ordinary of the county of Troup, to have and take jurisdiction of the execution of the last will and testament of Joseph L. Banning, deceased, of the county of Meriwether, and for other purposes therein set forth.
On motion of Mr. Carleton, of Clarke, the following bill "as taken from the table for consideration, to-wit :
A bill for the relief of Malcolm Stafford, late auctioneer of the county of Clarke.
The Committee on Finance, to whom this bill had been referred, reported the same back to the House, with the recommendation that it do not pass. The committee report was agreed to, and the bill lost.
The House then proceeded to the consideration of the following bill, as the special order of the day, to-wit:
A bill to amend an Act entitled an Act to loan the credit of the State to the Marietta, Canton & Ellijay Railroad, and for other purposes.
The Committee on Internal Improvements, to whom this bill was referred, reported the same back, with the recommendation that it do pass.
Mr. Cassidy submitted the following, to-wit: As a member of the Committee on Internal Improvements, I beg leave to protest the recommendation of the committee on the bill to grant State aid to the Marietta & North Georgia Railroad. On motion of Mr. Adams, the further consideration of the bill was postponed, and the bill made the special order of Tuesday next, at 1 I o'clock a. m. On motion of Mr. Jones, of Burke, 200 copies of the bill were ordered printed for the use of the House.

FEBRUARY I I, 1876.

397

On motion of Mr. \Villiams, the rules were suspended, and the following bill was introduced and read the first time, to-wit :
By Mr. WilliamsA bill to alter and amend the charter of the city of Columbus, so as to abolish the office of Deputy Marshal of said city. On motion of Mr. Speer, the rules were suspended, and the following resolution taken up, read the second time, and agreed to, to-wit : A resolution requesting the Governor to furnish a detailed statement of the funds received from the sale of certain lands donated by the Congress of the United States to this State for the establishment of Colleges of Agriculture and Mechanic Arts. The next order of business being the reading of House bills the third time, the following bills were read the third time, and disposed of as is hereinafter specified, to-wit : A bill to change the line between the counties of \Vorth and Irwin. Passed. Also, a bill to create a Board of Contracts for the county of Liberty. Lost. Also, a bill to prevent setting fire to the woods in this State. On motion of Mr. Henderson, the bill was amended by excepting the county of \Vorth from the provisions of the Act. The bill as amended then passed. Also, a bill to amend and apply the provisions of an Act to the county of Muscogee, approved August 23, 1872, entitled an Act to prohibit the buying, selling, delivering, or receiving any farm products therein specified, between sunset and sunrise, etc. Passed. Also, a bill to regulate ~the compensation of the Tax Collector and Tax Receiver of the county of Talbot for collecting county taxes, and for other purposes. Passed. Also, a bill to change the line between the counties of Pierce and Charleton. Passed.

398

JOURNAL OF THE HOUSE

Also, a bill to amend an Act,. approved February 23, 1866, entitled an Act to incorporate the town of Wrightsville, in the county of \Vashington. Passed.
Also, a bill to amend an Act entitled an Act to prohibit hunting on the lands of another, in the counties of Quitman and Camden, and for other purposes, approved February 27, 1874. Passed.
Also, a bill to relieve members of the \Nashington Rifles, a military company of Washington county, from jury duty. Recommitted to the Committee on the Judiciary.
On motion of Mr. \Varner, the following bill was taken from the table, read the third time and passed, to-wit:
A bill to regulate the compensation of the Tax Receiver and Tax Collector of the county of Meriwether.
Also, a bill to incorporate the Middle Georgia Co-operative Association of Patrons of Husbandry.
The Committee on Banks, to whom this bill had been referred, reported the same back, with the recommendation that it do pass by substitute.
The substitute proposed by the committee was agreed to. Upon the passage of the bill as amended, a Constitutional majority of two-thirds being required, the vote was taken by yeas and nays.

Those voting in the affirmative arc-Messrs.

Anthony,

George,

Parker,

Adams,

Glisson,

Phinazee,

Allred,

Graham, of Dooly, Patman,

Asbury,

Graham, ofTelfair, Peden,

Alderman,

Grimes,

Patton,

Baker,

of Miller,

Pitman,

Bacon, of Bibb, Hamilton,

Rankin,

Bacon, of Liberty,

of Floyd,

Ridley,

Barnwell,

Hoge,

Revill,

Brown,

Holland,

Shewmake,

Black,

Humber,

Shellnut,

Blue,

Hutchenson,

Sharpe,

FEBRUARY I I, 1876.

3911

Battle,

Hutchins,

Saunders,

Bennett,

HarraH,

Stallings,

Burns,

Hammond,

Smith, of Dawson,.

Binion,

Hall,

Smith,

Bowen,

Henderson,

of Lowndes,

Carter, of Appling, Holcombe,

Smith, of Webster,

Carter, ofWalton, Jamison,

Sapp,

Craig, of Bibb, Jones, of Burke, Simmons,

Craig, of White, Jones, of Crawford, Scott,

Camp,

Jones, of Rabun, Skelton,

Cassidy,

Kennedy,

Spinks,

Carleton,

of Bulloch, Stewart,

of Clarke, Kennedy,

of Rockdale;-

Carleton,

of Emanuel, Searcy,

of Greene, Kilpatrick,

Speer,

Crymes,

Lang,

Simpson,

Calhoun, of Fulton, Lawton,

Sharman,

Calhoun,

Lindley,

Terrell,

of Montgomery, Lampkin,

Turnbull,

Cobb,

Leach,

Turner, of Brooks,.

Candler,

Lane,

Turner, of Floyd,

Culver,

Little,

Thomas,

Clements, of Irwin, Livingston,

Tumlin,

Clements,

Leverett,

Tootle,

of Whitfield, McKinly,

Warren,

Clements,

Mathews,

Whittle,

of Walker, Maxwell,

Wilson, of Fulton,.

Christian,

McGill,

Wilcox,

Chappell,

Mattox,

Wilcoxon,

Crawford,

Moss,

Winningham,

Clarke,

McAfee,

W esselowsky,

Colley,

Meadows,

Wilcher,

Duncan,

Miller, of Marion, Ware,

Duggar,

Marshall,

Wynne,

Duggan,

Neal,

Wimberly,

Dyer,

Nelms,

Willis, of Greene,.

400

JOURNAL OF THE HousE

Duke,

Norman,

\Varner,

Davis,

Pierce,

Wofford,

Elkins,

Padget,

Williams,

Ficklan,

Peeples,

Walsh,

Fannin.

Potts,

\Vorthen.

Fort,

Yeas, 144. Mr. Fain voted no.

So the bill passed by substitute by the requisite Consti-

tutional majority.

The following message was received from the Senate

through Mr. Murphey, the Secretary thereof, to-wit:

JJfr. Speaker:

The Senate has passed the following bills, to-wit:

A bill to regulate the fees of the Attorney General of

this State.

Also, a bill to authorize the County Judge, of Hancock county and others, to issue and negotiate the bonds of said

county.

Also, a bill to amend the charter of the city of Sanders-

ville.

Also, a bill for the relief of B. H. Ivey and G. W. Cody, securities on the appearance bond of E. B. Park-

ham, of Warren county.

Also, a bill to provide a Board of Commissioners of

Roads and Revenues for the county of Putnam.

Also, a bill to define the laws of advertising citations, and

other notices or sales, by the Ordinaries, Clerks, Sheriffs,

Administrators, Executors, Guardians, etc., in this State.

Also, a bill for the relief of securities of Thomas. E. McRea, on a criminal bond.

Also, a bill to amend section 4141 of the Code of 1873. Also, a bill to provide a penalty for escapes from the

chain gang, and for other purposes.

Also, a bill to amend section 1272 of the Code of 1873.

Also, a bill to amend sections 1227, 1228, 1235, 1236

and 1237 of the Code of 1873, in relation to the Academy

for the Deaf and Dumb.

.l

FEBRUARY I I, 1876.

401

Also, a bill to change the line between the counties of Calhoun and Early, and for other purposes.
Also, a bill to provide for compensation to Ordinaries, Clerks of the Superior Courts and Sheriffs for service, where no adequate compensation is now provided for by law.
Also, a bill to regulate the sale of spirituous liquors in the city of Brunswick.
Also, a bill to incorporate the Blue Ridge Mining Company.
The Senate has passed the following bills of the House of Representatives, to-wit :
A bill to fix the salary of the Judge of the County Court of Brooks county.
Also, a bill to amend an Act to create a County Court for Miller county.
The Senate has passed the following bill of the House of Representatives, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to regulate the sale of intoxicating liquors in the county of Miller.
Order of business resumed. A bill to provide for the admission of colored deaf mutes into the Deaf and Dumb Asylum of the State, and for other purposes. The House went into the Committee of the \Vhole for the consideration of said bill. Mr. Clements, of Walker, chairman of the Committee of the \Vhole, reported the bill back to the House, with the recommendation that it do pass as amended. The amendment proposed by the committee ,,as agreed to, and the bill as amended passed. On motion of Mr. Black, the rules were suspended, and the following Senate bill was taken up; read the third time .and passed, to-wit: A bill to prescribe the mode of taxation upon shares of
26

402

JouRNAL OF THE HousE

stock of banks or banking associations organized under the authority of this State or of the United States, and located in this State.
Order of business resumed. A bill to regulate the payment of insolvent costs claimed by the county officers of the county of Effingham, and for other purposes. Amended and passed. Also, a bill to create and organize a County Court for the county of Habersham. Recommitted to the Committee on the Judiciary.
Mr. \Varrcn, chairman of the Committee on Finance, submitted the following report, to-wit:
.Mr. Speal:er: The Committee on Finance have had under their con-
sideration the following bill, which they recommend do pass, to-wit:
A bill to provide for the proper facilities for exhibit by the State, and the people of this State, at the approaching Centennial Exposition at Philadelphia.
Also, the following bill, which they recommend do pass by substitute, to-wit:
A bill to further define the duties of Tax Receiver and Tax Collector, and to fix the salary of the County Treasurer of the county of Sumter.
Also, the following bill, which they recommend do not pass, to-wit:
A bill to provide for the payment to the Treasurer of Effingham the amount of expenditure incurred by said c:)Unty for the subsistence, transportation and guarding of Thos. A. Gipperson, an insane citizen of said county.
Order of business resumed.
A bill to provide for the payment to the Treasurer of the county of Effingham the amount of expenditures incurred by said county for the subsistence, transportation and guarding of Thos. A. Gipperson, an insane citizen of said county. Withdrawn.

FEBRUARY I I, 1876.

403

Also, a bill to change the line between the counties of Habersham and Franklin.
After some time spent in the consideration of the bill, Mr. Adams moved to indefinitely postpone the bill.
On the motion to indefinitely postpone the bill, Mr. Terrell called for the yeas and nays, which call was not sustained.
The motion to indefinitely postpone the bill then pre,ailed.
Also, a bill to allow M. l\I. Landrum to practice medicine and collect fees for the same. Recommitted to the Committee on Finance.
Also, a bill to exempt from jury duty the members of the Fulton Blues military company. Recommitted to the Committee on the Judiciary.
Also, a bill to provide for the establishment of State normal schools, and for other purposes. Laid on the table.
Also, a bill to repeal an Act, approved March 3, 1874. to equitably adjust the claims of the colored race to a portion of the proceeds of the agricultural land scrip. Laid on the table.
Also, a bill to alter and fix the pay of the Treasurer of the county of DeKalb, and for other purposes. Passed.
Also, a bill to extend the provisions of an Act to prescribe and enact a separate and distinct stock law for certain territory therein specified. Passed.
Also, a bill to reorganize the government of the State University, and for other purposes. Amended and passed.
Mr. Bacon, of Bibb, chairman of the Committee on Corporations, submitted the following report, to-wit:
Mr. Speaker:
The Committee on Corporations have had under consideration the following bills, which they have instructed me to report the same back to the House, with the recom mendation that the same do pass, to-wit:
A bill to be entitled an Act to amend an Act entitled an

404

JouR~AL oF THE HousE

i\ct to amend the charter of the town of Athens, and the various Acts amendatory thereof, approved August 24, 18J2.
Also, a bill to be entitled an Act to authorize the consolidation of the Savannah, Skidaway & Seaboard Railroad Company and the Coast Line Railroad Company ; the issue of bonds by the consolidated company, or the respective companies; the removal and replacing of the tracks of said companies, respectively, and for other purposes.
Also, a bill to be entitled an Act to authorize the Mayor and Council of the city of l\Iacon to issue certain bonds, a:nd for other purposes.
Also, a bill to be entitled an Act to amend an Act entitled an Act to authorize the Road Commissioners of the county of Bibb to use the labor of certain convicts therein named in working the public roads of said county, and for other purposes, approved February 26, 1874
Also, a bill to incorporate the Macon Gas Light and \Vater Company.
Also, a bill to be entitled an Act to repeal an Act to authorize the Ordinary of Telfair county to issue county bonds to aid in the completion of the court house in said county.
Also, a bill to amend the various Acts incorporating the !own of Franklin, in the county of Heard.
Also, a bill to be entitled an Act to prevent the sale or barter of either malt or spirituous liquors within one mile of Buelah Church, in Habersham county.
Also, a bill to be entitled an Act to alter and amend the charter of the town of Harlem, in the county of Columbia.
Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of Blakely, in the county of Early, and State of Georgia, appoint Commissioners for the same, and for other purposes, approved October 24, 1870.

FEBRUARY I I, I876.

406

Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of Carnesville, ill. Franklin county; to provide Commissioners for the same.; to define their powers and duties ; to repeal all former laws incorporating said town, and for other purposes, approved August 24, I872, so as to allow said Commissioners to subscribe stock to the Franklin County Institute.
The committee have also had under consideration a bill to be entitled an Act to prohibit the sale of intoxicating liquors within a certain distance of the town of Carnesville, which they have instructed me to report back to the House with a substitute, and with the recommendation that said substitute do pass in lieu of said original bill.
On motion of Mr. Jones, of Burke, the rules were suspended, and the following Senate bill was taken up anci read the first time, to-wit:
A bill to prevent unlawful traffic in farm products in this State, and for other purposes.
The order of business was resumed. A bill to donate to the county of Calhoun the State ad valorem tax of said county for the year I876. Withdrawn. Also, a bill to amend an Act entitled an Act to amend the charter of the town of Athens, and the various Acts amendatory thereto, approved August 24, 1872. Also, a bill to authorize the consolidation of the Savannah, Skidaway & Seaboard Railroad Company and the Coast Line Railroad Company, and for other purposes. Passed. Also, a bill to authorize the Mayor and Council of the city of Macon to issue bonds for certain purposes therein mentioned. Passed. Also, a bill to incorporate the Macon Gas Light anti Water Company. Passed. Also, a bill to amend an Act entitled an Act to authorize the Road Commissioners of the county of Bibb to use the labor of certain convicts therein named, and for other purposes. Passed.

406

JouRNAL OF THE HousE

Also, a bill to prohibit the sale of spirituous liquors within a certain distance of the town of Carnesville, in the county of Franklin. Pa!>sed by substitute.
Mr. Wilcoxon introduced the following bill under a suspension of the rules, which was read the first time, to-wit:
A bill to authorize married women to act as guardians for their minor children by a former husband.
Order of business resumed. A bill to repeal an Act to authorize the Ordinary of the county of Telfair to issue bonds. Passed.
Also, a bill to amend the various Acts incorporating the town of Fairburn. Passed.
Also, a bill to prohibit the sale of spirituous or malt liquors within one mile of Lulah Church, in the county of Habersham. Amended and passed.
Also, a bill to alter and amend an Act incorporating the town of Harlem, in the county of Columbia.
Mr. Lampkin offered an amendment to the bill, which was adopted, and the bill passed as amended.
Also, a bill to appropriate money for the purchase of arms for the volunteer military companies of the State.
The House went into Committee of the \\'hole for the consideration of the bill.
Mr. Speer, chairman of the Committee of the \Vhole, reported the bill back to the House, with the recommendation that it do not pass.
Mr. warren called for the previous question, which call was sustained.
The report of the committee was agreed to. On the passage of the bill, Mr. Shewmake called for the yeas and nays, which call was not sustained.
The bill was then lost. The House was then adjourned by the Speaker until 3 o'clock p. m.

FEBRUARY I I, 1876.

407

AFTERNOON SESSION.

The House re-assembled.

3 o'CLOCK P. M.

The call of the roll was, on motion, dispensed with.
On motion of Mr. Furlow, the rules were suspended, .and the following bill was taken up, read the second time, and referred to the Committee on the Penitentiary, to-wit :
A bill to regulate the leasing out of Penitentiary convicts by the Governor, and for other purposes.
The regular order of business being the reading of House bills the third time, the following bills were taken up, read the third time, and disposed of as is hereinafter specified, to-wit:
A bill to exempt from road duty the officers and members of the Liberty Independent Troop of Cavalry. Lost.
Also, a bill to amend section I844 of the Code. Re{;ommitted to the Committee on the Judiciary.
Also, a bill to repeal an Act entitled an Act to repeal an Act to regulate the commissions to be allowed the Treasurer of the county of Bartow. Passed.
Also, a bill to prescribe and limit the compensation of Tax Receiver and Tax Collector, in the county of Bibb, and for other purposes. Recommitted to the Judiciary Committee.
Also, a bill to repeal an Act authorizing Justices of the Peace, in their discretion, to award cost against the accused or prosecutor of I Ith section of Act of 181 r. Passed.
Also, a bill to clean out and remove obstructions from Toccoa river, in Fannin county, in this State, to make an appropriation for the same, and for other purposes. Lost.
Also, a bill to amend an Act to incorporate the town of Blakely, in the county of Early, in the State of Georgia, .appoint Commissioners for the same, and for other purposes. Passed.
Also, a bill to provide compensation to the members of

408

JouRNAL OF THE HousE

the Board of Education of Hart county, and for other purposes. Lost.
Also, a bill to authorize the Ordinary of Fulton county to issue bonds for the purpose of raising money to build a court house. Laid on the table.
Also, a bill to amend an Act to incorporate the town of Carnesville, in Franklin county, to provide for Commis-

sioners for the same, and for other purposes. Passed.

Also, a bill for the relief of B. B. Hinton and Thomas. R Lumpkin, of the county of Marion. Passed.

Also, a bill to incorporate the Provident Savings and

Loan Association of Savannah.

The Committee on Banks, to whom this bill had beert referred, reported the same back to the House, with the recommendation that it do pass as amended.

The amendments proposed by the committee were agreed'

to. On the passage of the bill as amended, a constitutional

majority of two-thirds being necessary, the vote was taken by yeas and nays.

Those voting in the affirmative are-Messrs.

Anthony, Adams, Allred, Asbury, Alderman, Baker, Bacon,ofLiberty, Barnwell,

Fredrick,

Norman,

Furlow,

Pierce,

Ficklan,

Padget,

Fannin,

Potts,

Fort,

Parker,

George,

Phinazee,.

Gray,

Patman,

Grimes, of Miller, Peden,

Brown,

Hamilton,

Patton,

Black,

of Clinch, Pitman,

Blue, Battle, Bennett, Binion, Bowen,

Hamilton,

Revill,

of Floyd, Shewmake,

Hoge,

Shellnut,

Holland,

Sharpe,

Humber,

Saunders,

FEBRUARY I I, 1876.

409

Carter, of Appling, Hutchenson,

Stallings,

Carter, of Walton, Hutchins,

Smith, of Dawson,

Craig, of Bibb, HarraH,

Smith, of Webster.

Craig, of White, Hammond,

Sapp,

Camp,

Hall,

Simmons,

Cassidy,

Henderson,

Scott,

Carleton, of Clarke, Holcombe,

Skelton,

Carleton,

Jamison,

Spinks,

of Greene, Jones, of Burke, Stewart,

Crymes,

Jones, of Crawford,

of Rockdale,

Calhoun,

Jones, of Rabun, Searcy,

of Fulton, Kennedy,

Speer,

Calhoun,

of Bulloch, Simpson,

of Montgomery, Kennedy,

Sharman,

Cobb,

of Emanuel, Turner, of Brooks,

Candler,

Lang,

Turner, of Floyd,

Culver,

Lawton,

Thomas,

Clements, of Irwin, Lindley,

Tumlin,

Clements,

Leach,

Tootle,

ofWhitfield, Lane,

Warren,

Clements,

Little,

Whittle,

of Walker, Livingston,

Wilson, of Fulton.

Christian,

Leverett,

Wilcoxon,

Chappel,

McKinly,

Winningham,

Crawford,

Mathews,

Wesselowsky,

Clarke,

Maxwell,

Wilcher,

Colley,

McGill,

\Vare,

DeLoach,

Mattox,

Wynn,

Duncan,

Moss,

Wimberly,

Duggar,

McAfee,

Willis, of Greene,.

Duggan,

Meadows,

Willis, of Macon,.

Dyer,

Miller, of Marion, Warner,

Duke,

Neal,

Williams,

Davis, Elkins,

Nelms,

Worthen.

Yeas, 133. Mr. Fain voted no.
So the bill passed as amended, by the requisite constitutional majority.

410

} OURNAL OF THE Hot:SE

Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit :
Mr. Speaker: The Committee on Enrollment report as duly enrolled
and ready for the signature of the Speaker of the House of Representatives, the following bills, to-wit:
A bill to fix the salary of the Judge of the County Court of Brooks county.
Also, a bill to amend an Act entitled an Act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller, to define their jurisdiction, and for other purposes, approved March 2, 1874, so far as it relates to the county of Miller.
Also, a resolution authorizing the Governor to sell a lot in the city of Atlanta, now the property of the State, and known as the Foster Blodgett lot.
The order of business was resumed. A bill to encourage the propagation of fish in the waters of this State, and for other purposes. On motion of Mr. Fannin, 200 copies of the bill were ordered printed for the use of the House, and the bill was made the special order of Wednesday next. Also, a bill to change the Northern terminus of the Marietta & North Georgia Railroad, and for other purposes. Mr. Smith, of Dawson, offered the following amendment to the bill, which was adopted, to-wit : Be i't futlza enacted, That the said railroad company shall have full powers and authority to build and construct a branch of said railroad from the same point, at or near Ball Ground, in the county of Cherokee; by or near Dawsonville, in the county of Dawson; and by or near Dahlonega, in the county of Lumpkin, to Rabun Gap, in the county of Rabun. The bill as amended then passed. Also, a bill to allow A. H. McEwin, of the county of Whitfield, to practice medicine and collect fees for the .-same. Lost.

FEBRUARY I I, I8J6.

411

Also, a bill to incorporate the Northwestern Railroad Company, and for other purposes. Passed.
Also, a bill to amend the charter of the Commercial Bank of Augusta.
The Committee on Banks, to whom this bill had been referred, reported the same back, with the recommendation that it do pass by substitute.
Mr. Black offered the following amendment to the substitute proposed by the committee : Amend by inserting the words "if any," after the words "individual liability," in the third section. The amendment was adopted.

The report of the committee as amended was agreed to.

On the passage of the bill as amended, a constitutional majority of two-thirds being required, the vote was taken by yeas and nays.

Those voting in the affirmative are-Messrs.

Anderson,

Fort,

Padget,

Atkinson,

George,

Potts,

Adams,

Gray,

Phinazee,

Allred,

Graham, ofTelfair, Patman,

Asbury,

Hamilton,

Peden,

Alderman,

of Clinch, Patton,

Bacon, of Liberty, Hamilton,

Pitman,

Brown,

of Floyd, Ridley,

Blue,

Hoge,

Revill,

Battle,

Holland,

Shewmake,

Bennett,

Humber,

Sharpe,

Burns,

Hutchenson,

Stallings,

Binion,

Hutchins,

Smith, of Dawson,

Carter, of Appling, Harral!,

Smith, of Webster,

Carter, of Walton, Harrison,

Sapp,

Craig, of Bibb, Hall,

Simmons,

Camp,

Henderson,

Scott,

Cassidy,

Holcombe,

Skelton,

412

JouR~AL OF THE HoL"SE

Carleton,

Jamison,

of Greene, Jones, of Burke,

Crymes,

Jones,

Calhoun,

of Crawford,

of Fulton, Jones, ofRabun,

Cobb,

Kennedy,

Culver,

of Bulloch,

Clements, of Irwin, Kennedy,

Clements,

of Emanuel,

Spinks, Stewart,
of Rockdale, Speer, Simpson, Sharman, Terrell, Turner, of Brooks, Turner, of Floyd,

of Whitfield, Kilpatrick,

Clements,

Lang,

Thomas, Tumlin,

o:Walker, Christian, Chappel,

Lindley, Leach, Lane,

\Varren, Whittle, \Vilson, of Fulton,

Crawford, Clarke, Colley, DeLoach,

Livingston, Leverett, McKinly, Mathews,

\Vilcox, \Vilcoxon, \Vinningham, \V estbrook,

Duncan, Duggar,

Maxwell, McGill,

\Vesselowsky, Wilcher,

Duggan, Dyer, Duke, Davis, Eakes, Elkins,

Mattox,

Ware,

Moss,

Wynn,

McAfee,

Wimberly,

Meadows,

Willis, of Greene,.

Miller, of Marion, Willis, ofMacon,

Marshall,

Warner,

Fredrick, Furlow, Ficklan,

Neal, Nelms, Norman,

Wofford, Williams, \Vorthen.

Fannin,

Pierce,

Yeas, 142. Messrs. Baker and Fain voted No. So the bill passed by the requisite constitutional majority~

Mr. Lawton offered the following resolution, which was

agreed to, to-wit:

Rtsolved, That the remainder of the afternoon session be

devoted to the reading of Senate bills the first and second

time, and House bills the second time.

FEBRGARY I I, 1876.

413

The following House bills were read the second time and referred to the Committee on the Judiciary, to-wit:
A biil to amend an Act to regulate the sale of spirituous, vinous and malt liquors in certain counties therein named, approved February 26, 1875, so as to include in the provisions of said Act the county of Jackson.
Also, a bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the county of Houston.
Also, a bill to amend section 4127 of the Code of 1873. Also, a bill to amend section 3309 of the Code. Also, a bill to amend an Act incorporating the town of Bowdon, in the county of Carroll, and for other purposes. Also, a bill providing for the safe keeping of the ballot box. Also, a bill to amend section 456o of the Code of I 873, in regard to vagrancy. Also, a bill to regulate the sale of intoxicating or spirituous liquors in the county of Cobb. Also, a bill to provide for the payment of costs in advance in Justices' Courts, in certain cases. Also, a bill to amend section 4372 of the Code. Also, a bill to enable the Judges of the Supreme Court, in their discretion, to buy for the use of the State Library fifty bound volumes of the " Annals of Georgia," in the files of the Soutlzem Recorder newspaper. Also, a bill to vest in the Superior Courts authority to amend charters of private companies. Also, a bill to create a County Criminal Court for the .county of Decatur, and for other purposes. Also, a bill to amend section 3972 of the Code of Georgia.
Also, a bill to amend an Act entitled an Act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller, so as to provide for a Solicitor for the said court for the county of Calhoun.

414

JouRNAL OF THE Housr:

Also, a bill to amend section 2527 of the Code of 1873. Also, a bill to regulate the setting apart of homesteads in this State.
Also, a bill to create a Board of Commissioners of Roads
for the county of Johnson, and for other purposes. Also, a bill to amend an Act making the County Court
of Hancock county a Court of Record, and for other purposes.
Also, a bill providing for an election to be held in the county of Pike to settle the question of the removal of the county site.
Also, a bill to consolidate the offices of Sheriff and Tax Receiver, and Clerk of the Superior Court and Tax Collector of the county of Oconee.
The following House bills were read the second time and referred to the Committee on Finance, towit :
A bill to amend an Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Jackson.
Also, a bill to exempt from taxation to each head of a family in this State personal property to the value of$ 100.
Also, a bill for the relief of Mrs. Downs, the widow of the late Samuel T. Downs, and for other purposes.
Also, a bill to repeal section 796 of the Revised Code.
Also, a bill to reduce the bond of the Sheriff of the county of Chattahoochee, and for other purposes.
Also, a bill to amend an Act entitled an Act for the relief of maimed and indigent soldiers, approved March
3, 1875 Also, a bill to relieve the Building and Loan Associa-
tions of this State from liability to certain taxes of and for the year 1875.
Also, a bill to re-enact an Act entitled an Act to organize a Criminal Court in each county in the State, approved' 1868, so as to make the provisions of said Act apply to the county of Bartow.

FEBRUARY I I, I8i6.

41&

Also, a bill for the payment of the salary of J. Bran-
ham, Jr., Solicitor General of the Macon Circuit. Also, a bill for the relief of the Public Printer for the
year I8iJ, and for other purposes. Also, a bill to authorize Henry C. Moore to peddle with-
out license in certain counties of this State. Also, a bill to repeal an Act entitled an Act to amend
section 4401 of the Code of Georgia, defining the punishment of hog stealing, approved February 23, I8i5
Also, a bill to relieve the obligors on a penal bond for the appearance of \Valdemar Moody at the Superior Court of Greene county, Georgia.
Also, a bill to allow L. J. Brinson, of the county of
McDuffie, to practice medicine, and to collect fees for the same, without diploma.
Also, a bill to fix the compensation of the Treasurer of the county of Muscogee.
The following bills were read the second time and referred to the Committee on Corporations, to-wit :
A bill to amend an Act entitled an Act to exempt from taxation manufactories of cotton and woollen fabrics, ap-
proved August 2i, I8i2.
Also, a bill to amend an Act incorporating the town of Slatenville, and for other purposes.
Also, a bill to amend an Act to incorporate the town of Whitesburg, in the county of Carroll.
Also, a bill to incorporate the Tallapoosa Mining Company.
Also, a bill to amend the Act incorporating the town of Homerville, in the county of Clinch.
The following bills were read the second time and referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the line between the counties of Henry and Clayton, so as to attach all of the 888th District, G. M., of the county of Henry to the county of Clayton.

416

JOURNAL OF THE HoUSE

Also, a bill to change the line between the counties of

Jackson and Hall.

Also, a bill to change the line between the counties of Houston and Macon.

The following bills were read the second time and ordered to be engrossed, to-wit :

A bill to repeal an Act, approved March 2, 1874, to prevent the sale of intoxicating liquors within two miles of

Beulah church, in Hancock county.

Also, a bill to permit George \V. Porter to peddle with-

out license.

The following bills were read the second time, and

referred to the Committee on Agriculture, to-wit:

A bill to prevent persons from fishing and hunting on the premises of another, in the county of Macon.

Also, a bill to prevent persons from fishing, under cer-

tain circumstances in the \\aters of Lake Douglas, in

Decatur county.

The following bills were read the second time, and were

by consent of the House withdrawn, to-wit:

A bill to better regulate the distribution of all moneys in

:this State for educational purposes.



Also, a bill to better protect persons that have heretofore purchased homestead property in this State, and for other purposes.

The following bill \Vas read the second time, and referred to the Committee on Emigration, to-wit :
A bill to encourage immigration into the State of Georgia, and the investment in lands and minerals.
The following bill was read the second time, and referred to the Committee on the Penitentiary, to-wit:

A bill to amend an Act to authorize the Governor to farm out the convicts of the Penitentiary, approved March 2, 1874

FEBRUARY 12, 1876.

417

The following bill was read the second time, and referred to the Committee on Banks, to-wit:
A bill to incorporate the Traders and Planters Savings Bank of Rome, Georgia.
The following bill was read the second time and referred to the Committee on the Asylum of the Deaf and Dumb, to-wit:
A bill to amend the several laws in relation to the State Institution for the Deaf and Dumb, and for other purposes.
Leave of absence was granted Messrs. Mattox, Turnbull, Lamkin, Duke, Rankin and Hardeman.
On motion of Mr. Carleton, of Clarke, the House then adjourned until IO o'clock a. m., to-morrow.

ATLANTA, GEORGIA,

}

Febmary I2, 1876.

The House met pursuant to adjournment, was called to Drder by the Speaker pro tem., and opened with prayer by Rev. Mr. Patman.

The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. Mr. Clements, of Walker, moved to reconsider so much of the action of the House on yesterday as relates to its action on the following bill, to-wit: A bill to prevent the setting fire to the woods in this State. The motion to reconsider prevailed. Mr. Terrell moved to reconsider so much of the action of the House of yesterday as relates to its action on the following bill, to-wit :

A bill to change the line between the counties of Franklin and Habersham.
Mr. Pitman called for the previous que;tion, which call was sustained.
27

418

} OURNAL OF THE HoUSE

The motion to reconsider did not prevail. Mr. Jones, of Burke, moved to reconsider so much of the action of the House on yesterday as relates to its action on the following bill, to-wit : A bill to appropriate money for the purchase of arms for the volunteer military companies of this State. The motion to reconsider prevailed, and the bill was recommitted to the Committee on Military Affairs. Mr. Speer moved to reconsider so much of the action of the House as relates to its action on the following bill, towit: A bill to exempt from road duty the members of the Liberty Independent Troop of Cavalry.
The motion to reconsider prevailed.
Ori motion of Mr. Livingston, the rules were suspended, and the following resolution, introduced by himself, was read and referred to the Committee on Finance, to-wit:
Resolued, That it is the sense of this General Assembly
that the Attorney General compromise certain .ft. fas.
issued by the Comptroller General against parties for frauds upon the vVestern & Atlantic Railroad, at whatever sums he may deem to the interest of the State.
On motion of Mr. Fain, the rules were further suspended, and the following House bill was taken up, read the second time, and referred to the Committee on Internal Improvements, to-wit:
A bill to authorize the Governor to farm and lease out convicts of the Penitentiary to the Gainesville, Blairsville & Northwestern Railroad Company, and for other purposes.
Under a further suspension of the rules the following Senate bill was taken up, read the second time, and referred to the Committee on Agriculture, to-wit:
A bill to prevent unlawful traffic in farm products in this State, and for other purposes.
On motion of Mr. Calhoun, of Fulton, the rules were

FEBRVARY 12, I8i6.

419

suspended, and the foJlowing bill taken up and passed as amended, to-wit:
A biJl to authorize the Ordinary of Fulton county to issue bonds for the purpose of raising money to build a court house.
On m::>tion of Mr. \Vilcox, the rules were further suspended, and the following bill intro:iuced and read the first time, to-wit:
By Mr. \VilcoxA bill to change the line between the counties of Coffee and \Vare.
The follow:n;:r mcssa6e was re:.:eived from his Excellency the Governor, throu.;h :\1r. \Varren, his Secretary, to-wit:
llfr. Sptakcr: His Excellency the Governor, h:1s approved the follow-
ing Acts, to-wit : An Act to amend and apply the provisions of an Act
entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, and other counties therein named, without permission of the owner or employer of the land on which the products are raised, and to prescribe the punishment therefor, and for other purposes, approved August 23, I8i2, so that said Act shall apply to and embrace the county of Heard.
An Act to change the line between the counties of Irwin and Worth.
An Act to regulate the pay of grand and petit jurors in Dougherty county.
An Act to reduce the Sheriffs' bonds of Marion, Baker, and Macon counties, from ten to six thousand dollars.
An Act to change the line between the counties of Ware and Pierce.
An Act to repeal an Act to provide for the payment o{ insolvent costs to the county officers of the county cf Spalding, approved August 29, I8i2.

420

JOURNAL OF TH!!: HOvSE

An Act to protect the owners of stock in the county of \Vayne, and for other purposes.
An Act to require Receivers of Tax Returns to take down in full, en their digests, the first or christian names of all tax payers.
An Act to regulate the pay of grand and petit jurors fDr the counties of Montgomery and Telfair.
An Act to fix the compensation of jurors for the county -of Burke.
An Act to provide for obtaining private ways to timber landings in the county of Emanuel, and for other purposes.
An Act to declare of full force and effect the Tax Ordinance of the city of Augusta, for the year 1874, and for other "purposes.
An Act to prohibit the sale of any kind of intoxicating or ardent spirits, within two miles of Cedar Creek Baptist Church, in the county of Floyd.
An Act to fix the compensdtion of jurors in the County Court of Dooly county, and to provide for the payment thereof.
An Act to regulate the pay of all jurors of the county of Dodge.
An Act to change the line between the counties of Calhoun and Randolph.
An Act to prohibit the sale of intoxicating liquors within one mile from Morgan Camp Ground, in Calhoun county.
An Act to create the office of Commissioner of Roads for the county of Jones, to define the duties, and to provide compensation therefor.
An Act to change the time of holding the Superior Court of the county of Burke,:and for other purposes.
Mr. warren, of Chatham, chairman of the Committee on Finance, submitted the following report, to-wit:
.Mr. Speaker :
The Committee on Finance have had under their considc::ration the following bill, which they report back to the

FEBRUARY I2, 1876.

421

House of Representatives, \vith the recommendation that the same do not pass, to-wit:
A bill for the relief G. D. Whitman and his securities from liability on a certain bond given for the appearance of said \Vhitman at a Justice's Court of the 971st District. G. M., \Valker county, and also from allliahility on any judgment rendered thereon.
Also, a bill to be entitled an Act to authorize the Governor of the State to issue bonds wherewith to retire by exchange, the bonds purchased and now held by \Villiam F. Herring, and Branch, Sons & Co., and Thomas Branch & Co., together with interest due thereon, and for other purposes, and recommend that the same do pass by substitute.
Mr. Fort, chairman of the Committee on New Counties and County Lines, submitted the following report, to-wit :
Mr. Speaker:
The Committee on New Counties and County Lines, have had under consideration the following bill, which they recommend do pass, to-wit :
A bill to be entitled an Act to define and make permanent the line between the counties of Marion and Chattahoochee.
The committee have also had under consideration the following bill, which they instruct me to report back, with-the recommendation that it do not pass, to-wit:
A bill to be entitled an Act to change the line between the counties of Banks and Jackson, and for other purposes.
Mr. Lawton, chairman of the Committee on the Judici-
ary, submitted the following report, to-wit:
Mr. Speaker: The Committee on the Judiciary have had under consid-
eration the following bills, and recommend the passage of the same, to-wit :
A bill to amend an Act creating a County Court in cer-

422

JOURNAL OF THE HOUSE

tain counties in this State, approved January 19, 1872, so far as the same relates to the county of Troup.
Also, a bill to fix the jail fees in the county of Decatur. Also, a bill to fix the compensation of Tax Collector and Receiver and Treasurer of Monroe county. Also, a bill to repeal an Act for the payment of insolvent costs to the Solicitor General of the Macon Circuit, so far as the same relates to the county of Bibb. Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court of Jackson county. Also, a bill to provide for supplemental proceedings against debtors after judgment against them, and return of the execution unsatisfied. Also, the following bill, which they recommend do pass with an amendment herewith submitted, to-wit : A bill to amend an Act creating a County Court in certain counties in this State, approved January 19, 1872, so far as the same relates to the county of Bibb.
Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, to-wit:
A bill to define and regulate the mode of trial in certain civil causes in this State.
Also, a bill to regulate the fees of Justices of the Peace and Constables in this State.
Also, the following bills, which they recommend do not pass, to-wit :
A bill to promote trade and encourage honesty and fair dealing in this State.
Also, a bill to consolidate the offices of Tax Collector and Treasurer of the county of Wilcox.
Also, the following bills, which they report back to the House without any recommendation, to-wit :
A bill to consolidate the offices of Tax Receiver and Collector of Jackson county.
Also, a bill to protect the owners of lands in the counties of Lincoln and McDuffie.

FEBRU.\RY 12, 1876.

423

Mr. Furlow, chairman of the Committee on the Penitentiary, submitted the following report, to-wit:
Mr. Speaker: The Committee on the Penitentiary have had under con-
sideration bill No. 684, to be entitled an Act to regulate the leasing out of Penitentiary convicts by the Governor, authorizing him to make contracts in relation thereto, and for other purposes, and have directed me to report the same back to the House, with the recommendation that it <io pass with a proviso.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof, to-wit: Mr. Speaker:
The Senate has passed the following bills, to-wit: A bill to amend the tax laws of this State relating to railroad companies. Also, a bill to repeal the 3d section of an Act to amend an Act to establish a City Court in the city of Atlanta, .approved March 4, 1875 Also, a bill to change the line between the counties of Bibb and Twiggs. The House proceeded to the consideration of the following bill as the special order of the day, to-wit : A bill to repeal certain sections of the Code in relation to the public school system. On motion of Mr. Speer, the further consideration of the bill was made the special order to follow the first special Order of Wednesday next.
On motion of Mr. Vvesselowsky, the rules were suspended, and the following Senate bill was taken up and read the first time, to-wit:
A bill to amend an Act entitled an Act to amend the tax laws of this State in relation to railroad companies in this State, so far as the same applies to the Brunswick & Albany Railroad Company, and for other purposes.
The next order of business being the reading of House

424

JouRNAL OF THE HousE

bills the third time, the following bills were read the third time and disposed of as is hereinafter specified, to-wit:

A bill to promote trade and encourage honesty and fair dealing in this State, and for other purposes. Lost.

Also, a bill to consolidate the offices of Tax Receiver and Collector of the county of Jackson, and for other purposes. Withdrawn.
Also, a bill to protect the 0\vners of enclosed and unenclosed lands in the counties of Lincoln and McDuffie. Recommitted to the Committee on Agriculture.

On motion of Mr. Pitman, Hon. F. A. Frost was invited to a seat upon the floor of the House during his stay in the city.

A bill to provide and fix the compensation for the Tax Collector, Tax Receiver and Treasurer of the county of Monroe, and for other purposes.

Mr. Phinazee offered an amendment to the bill, which was adopted, and the bill as amended passed.

Also, a bill to amend an Act to create a County Court in each county in this State, approved January 19, 1872, and the Act amendatory thereto, in so far as the samerelates to the counties of Troup and Baldwin, approved March 5, 1875, and for other purposes. Passed.

Also, a bill to establish and regulate the fees of Justices



of the Peace and Constables of the State of Georgia, and

for other purposes. Passed by substitute.

Also, a bill to define and regulate the mode of trial in certain cases in this State, and for other purposes. . Recommitted to the Judiciary Committee.

Also, a bill to amend an Act to create a County Court in each county of the State of Georgia, approved January 19, 1872, so far as the same relates to the county of Bibb. Passed.

Also, a bill to fix the compensation of the County Treasurer of Meriwether county. Passed.

FEBRUARY J4, I8J6.

425

Also, a bill to limit the Ordinary of Decatur county in fixing fees of the County Jailor. Passed.
Also, a bill to repeal an Act for the payment of insolvent costs to the Solicitor General of the Macon Circuit, and for other purposes. Passed.
On motion of Mr. H utchenson, the following bill was. taken from the table, and read the third time and passed, to-wit:
A bill to incorporate the town of Crawford, in the county of Oglethorpe.
Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court of Jackson county. Passed.
Also, a bill to authorize the Governor to issue bonds wherewith to retire by exchange, certain bonds therein described.
On motion of Mr. Black, two hundred copies of the bill were ordered printed for the use of the House, and the further consideration was made the special order for Monday next, at I I o'clock.
Leave of absence was granted Messrs. Turnbull and Binion.
On Motion of Mr. Speer the house then adjourned until Monday morning next, at 10 o'clock.

ATLANTA, GEORGIA, }
February 14, 1876.
The House met pursuant to adjournment, was called toorder by the Speaker, and opened with prayer by Rev. Mr. Patman.
The roll call was, on motion, dispensed with. The Journal of Saturday last was read and approved. Mr. Terrell offered the following resolution, to-wit : Resolved, That no member be allowed to speak longer than five minutes, or more than twice on the same subject, without the consent of the House.

426

JOURNAL OF THE HOUSE

Mr. Graham, of Dade, moved to amend by striking out "five" and inserting "ten" in lieu, in the resolution, which was adopted.
The resolution as amended was then lost. On motion, the rules were suspended, and the following bill was introduced and read the first time, to-wit : By Mr. DuggarA bill to prevent the obstruction of Toccoa river, in the ~ounty of Fannin. The regular order of business being the reading of House bills the third time, the following bills were read the third time, and disposed of as hereinafter specified, to-wit: A bill to reduce the salaries of certain officers of the State therein named. Lost. Also, a bill to provide for the proper exhibit by the State and people of the State at the approaching Centennial Exposition at Philadelphia. Laid on the table. On motion of Mr. Cassidy, the following bill was taken from the table and read the third time, to-wit: A bill to prevent setting fire to the woods of this State. On motion, the bill was indefinitely postponed. Order of business resumed. A bill to consolidate the offices of Tax Collector and Treasurer of the county of Wilcox, and for other purposes. Lost. Mr. Graham, chairman of the Committee on Enrollment, made the following report, to-wit :
Mr. Speaker: The Committee on Enrollment report as duly enrolled,
signed by the President and Secretary of the Senate, and ready for the signatures of the Speaker and Clerk of the House of Representatives, the following bills, to-wit :
A bill to define and punish criminal negligence. Also, a bill to provide for the adjustment of the rights of parties in cases where property which has been set

FEBRUARY 14, 1876.

427

.apart under the homestead and exemption laws of this State has heretofore been sold.
Also, a bill to alter and amend section 383 of the Code of 1873, in relation to fixing penalties for misconduct of Solicitors General.
Also, a bill to define the time within which proceedings to set aside judgments and decrees of courts must be instituted.
Also, a bill to change the line between the counties of Appling and Wayne, and for other purposes.
Also, a bill to authorize the Comptroller General to collect, by execution, debts due the State by lessees of Penitentiary convicts.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof, to-wit:
.llfr. Speaker:
The Senate has passed the following bills, to-wit:
A bill to repeal all local laws or ordinances inconsistent with section I 563 of the Revised Code, in relation to the inspection of lumber or timber, and for other purposes.
Also, a bill to prohibit the sale of spirituous liquors within two miles of Henry Church, in the county of Hart.
Also, a bill to empower the Judges of the Superior Courts of this State to employ a reporter or stenographer in their courts, and for other purposes.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Twiggs.
Also, a bill to amend the County Court of Screven county.
Also, a bill to prescribe the maximum rate to be charged by the newspapers of the State for the publication of such advertisements as are now required by law to be published by Ordinaries, Sheriffs, executors, administrators, guar-<iians, and like persons.

428

JOCRNAL OF THE HOUSE

Mr. Warren, of Chatham, chairman of the Committee on Finance, ~ubmitted the following report, to-wit: .
Mr. Speaker:
The Committee on Finance have had under their consideration the following bills, which they report back to the House of Representatives, with the recommendation that the same do pass, to-wit :
A bill to amend an Act entitled an Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Jackson.
Also, a bill to reduce the bond of the Sheriff of the county of Chattahoochee, and for other purposes.
Also, a bill to re-enact an Act entitled an Act to organize a Criminal Court in each county of this State, approved October 7, 1868, so as to make the provisions of said Act apply to the county of Bartow.
Also, a bill to abolish the office of County Treasurer, so far as it relates to the county of Bibb, and for other purposes.
Also, a bill to fix the compensation of the Treasurer of the county of Muscogee.
Also, a bill to authorize the Governor to draw his warrant upon the Treasurer to pay the claim of Messrs. Ragland & Wynne, for advertising.
They have also had under their consideration the following bills, which they recommend do not pass, to-wit :
A bill to regulate the giving of mortgages on crops in this State, and for other purposes therein named.
Also, a bill to amend an Act entitled an Act for the relief of maimed and indigent soldiers, approved March 3, 1875, and for other purposes therein mentioned.
Also, a bill to amend section 4401 of the Code ofGeorgia, defining the punishment of hog stealing, approved February 23, 1875.
Also, a bill to authorize Henry C. Moore to peddle without license in certain counties in this State.

FEBRUARY J4, 1876.

429

Also, a bill to allow T. J. Brinson, of the county of Mc-
Duffie, to practice medicine, and to collect for the same, without a diploma from the Medical College.
Also, a resolution in relation to the sale of the Macon & Brunswick Railroad, which they recommend do not pass.
They have also had under their consideration a bill which they offer a resolution for as a substitute in lieu of the original bill, which they recommend do pass, to-wit:
A bill to prescribe the mode and terms of sale of the property of the North & South Railroad Company, of Georgia.
They have also had under their consideration the follow-
ing bill, which they recommend be referred to the Judici-
ary Committee, towit: A bill to consolidate the offices of Tax Receiver and Tax
Collector of the county of Schley, and for other purposes.
The following message was received from the Senate, through Mr. Murphey, the Secretary, to-wit:
Mr. Speaker: The Senate has passed the following bills of the House
of Representatives, to-wit : A bill to amend an Act to create a Board of Commis-
missioners of Roads and Revenues for the county of Appling, approved March 5, 1875.
Also, a bill to regulate the pay of grand and petit jurors for the county of Chattahoochee.
Also, a bill to prohibit the sale of intoxicating liquors within the town of Morgan, in Calhoun county.
Also, a bill to amend an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, approved February 23, 1875.
Also, a bill to prohibit the sale of intoxicating liquors within two miles of Sardis Church, in Cobb county.
Also, a bill to prohibit the sale of spirituous liquors within three miles of Bluffton, in Clay county.
Also, a bill to prevent the killing of game in the county

430

JouRN.\L OF THE HousE

of Morgan, between the I sth of March and the Ist of October, and for other purposes.
Also, a bill to prohibit emigrant agents froni plying their vocation in this State, without first obtaining a license therefor.
The Senate has passed the following bills of the House of Representatives, with amendments thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to provide for holding a convention of the people of Georgia, for the purpose of revising the Constitution of said State, and to appropriate money for the same.
Also, a bill to levy a tax for the support of the Government for the year 1876, and for other purposes.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Mr. Speaker:
The Committee on Enrollment report as duly enrolled, signed by the Speaker of the House of Representatives, President of the Senate, and delivereJ to his Excellency the Governor, the following bills, to-wit:
A bill to establish and define the corporate limits of the city of Griffin, Spalding county, and for other purposes therein mentioned.
Also, a bill to fix the salary of the Judge of the County Court of Brooks county.
Also, a bill to provide for the compensation of jurors in Baldwin county.
Also, a bill to amend an Act to organize a County Court in each of the counties therein mentioned, approved March 2, 1874, so far as rela~es to the county of Miller.
Also, a bill to appoint Trustees of the Macon Guards, and to grant them certain privileges, and for other purposes therein mentioned
Also, a bill to amend the charter of the city of Milledgeville.

FEBRUARY J4, 1876.

431

Also, a resolution authorizing the Governor to sell a lot in the city of Atlanta, now the property of the State, and known as the Foster Blodgett lot.
A bill to amend an Act entitled an Act to authorize the Judge of the County Court of Richmond county to pay the school debt due the school officers and teachers of said county, for the years 1871 and 1872, and for other purposes. Passed.
Also, a bill to fix the salary of the County Treasurer of the county of Sumter, and for other purposes. Passed.
Also, a bill to regulate the per diem pay of grand and petit jurors in the county of \Vhite. Passed.
Also, a bill for the relief of G. D. Whitman. Recommitted to the Committee on the Judiciary.
Also, a bill to change the line between the counties of Troup and Heard. \Vithdrawn.
Also, a bill to prescribe the duties of the Tax Collectors in the several counties of this State.
The Committee on Finance, to whom this bill had been referred, reported the same back to the House, with the recommendation that the same do not pass.
The committee report was disagreed to.
Mr. Livingston moved to amend the bill by striking fifteen days, and inserting five days, in the bill, which amendment was adopted.
The bill as amended then passed. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Schley, and for other purposes. Referred to the Committee on the Judiciary. Also, a bill to regulate the giving of mortgages on crops in this State. Lost. Also, a bill to prescrib~ the mode and terms of sale of the property of the North & South Railroad Company, of Georgia.
The Committee on Finance, to whom this bill had been referred, reported the same back, with the recommenda.tion

432

JouRNAL OF THE HousE

that a resolution submitted by the committee be agreed to in lieu of the bill.
On motion, the bill and resolution were recommitted to the Committee on Internal Improvements.
Also, a bill to authorize the Governor to draw his war-rant on the treasury to pay a claim of Messrs. Ragland & \Vynne, and for other purposes.
The House went into the Committee of the \Vhole for the consideration of the bill.
Mr. Graham, of Dade, chairman of the Committee of the \Vhole, reported the bill back, with the recommendation that the same do pass.
The committee report was agreed to, and the bill passed.
Also, a bill to amend an Act to consolidate the offices of Clerk of the Superior Court and Treasurer of the county of Jackson. Passed.
Also, a bill to repeal an Act, approved March 2, I874, to prevent the sale of intoxicating liquors within two miles of Beulah Church, in the county of Hancock. Passed.
Also, a bill to exempt the members of the Quitman Guards, of Monroe county, from jury, road and street duty. Passed.
Also, a bill to permit George \V. Porter, of Habersham county, to peddle without license. Lost.
Also, a bill to abolish the office of County Treasurer of Bibb county, and for other purposes. Passed.
Also, a bill to reduce the bond of the Sheriff of the -county of Chattahoochee, and for other purposes. Passed.
The hour of I I o'clock a. m. having arrived, the House . proceeded to the consideration of the following bill as the special order of the day, to-wit:
A bill to authorize the Governor to issue bonds of the State wherewith to retire certain bonds of the State therein described, and for other purposes.
The Committee on Finance, to whom this bill had been .referred, reported the same back to the House, with the recommendation that it do pass by substitute.

FEBRUARY 14, 1876.

433

The House went into Committee of the 'Whole for the ~Consideration of the bill.
Mr. Candler, chairman of the Committee of the \Vhole, reported the bill back to the House, with a report of progress, and asked leave to sit again.
Leave of absence was granted Messrs. McAfee, Binion, Asbury and Rudisill.
The hour of adjournment having arrived, the Speaker declared the House adjourned until 3 o'clock this aftcr;noon.

AFTERNOON SESSION.
3 o'CLOCK P. ~!.
The House re-assembled.
The call of the roll was, on motion, dispensed with. The House went into Committee of the \Vhole for the further consideration of the following bill as the unfinished business of the morning session, to-wit: A bill to authorize the Governor to issue bonds wherewith to retire, by exchange, certain bonds of the State therein described. Mr. Candler, chairman of the Committee of the \Vhole, reported the bill back to the House, with the recommenda:tion that it do not pass. By consent of the House, the bill was then withdrawn. The following resolution was introduced by Mr. Carleton, of Clarke, and agreed to, to-wit: A resolution tendering the use of this hall to-night to Hon. John B. Gordon, for the purpose of delivering an .address to the General Assembly on the political issues of the day. On motion, the rules were suspended, and the following ,bi1Js were introduced and read the first time, to-wit: By Mr. FanninA bill to submit the question of prohibiting the sale of
28

434

JouRNAL OF THE HousE

spirituous, malt and vinous liquors within the incorporate limits of the city of LaGrange, and for other purposes.
By Mr. WorthenA bill to incorporate the town of Oconee, in the towrr of Washington, and for other purposes.

By Mr. LeverettA bill to amend an Act entitled an Act to amend arr

Act creating a County Court in each county in this State, etc., so far as the same relates to the county of Putnam,. and for other purposes.

Mr. Hammond, chairman of the Committee on Banks, submitted the following report, to-wit:

.Mr. Speaker:

,

The Committee on Banks have had under consideration

the following bill, which they return to the House, with

the recommendation that it do pass by substitute, to-wit:

A bill to be entitled an Act to incorporat~ the Citizens.

Loan and Trust Company of Marietta, Georgia.

The following message was received from h;s Excellency the Governor, through Mr. Warren, his ~ecretary, to-wit:

liir. Speaker: I am directed by his Excellency the Governor, to deliver
to the House of Representatives, a communication in

writing.

On motion, the message received was taken up and read, and is as follows, to-wit :

EXECL'TIVE DEPARTME!ST,

}

Atlanta, Georgia, February 14, 1876.

To tlzc House of Representati'les:

In answer to a resolution of the House of Representa-

tives, '' requesting the Governor to furnish a detailed statement of the funds received by this State from the sale of lands donated by Act of Congress for the establishment of a College of Agriculture and Mechanic Arts ;"._and,

also what application has teen made of said funds, and of

FEBRUARY I4, I876.

435

the interest accruing thereon, I have the honor to submit the following statement, to-wit:
The amount realized from the sale of said land under an agreement entered into by acting Governor Conley, was $243,000, of which the sum of $50.400 was paid in cash, and the remainder was to be paid within eighteen months after the day of sale. The said amount of $50,400 was
invested in 7 per cent. bonds of this State, under the au-
thority of an Act approved December I2, I866. These bonds were turned over to the Trustees of the University of Georgia, in accordance with the provisions of an Executive order of March 30, I872, granting the fund to the said Board of Trustees.
Uncfer the authority of a resolution approved July 25, I872, authorizing the Governor to discount, at the rate of 7 per cent. per annum from the contract price, the notes of the purchaser of said land scrip, half, or nearly half, of the remainder of said scrip was surrendered to the purchaser, and the sum of $C)O, 202. I 7 was by him paid into the treasury. In a message to the General Assembly, in the summer of I872, I recommended "that authority be
given to issue 7 per cent. twenty year bonds of the State,
in which the proceeds of said scrip not already bonded, as aforesaid, may be invested, as required by the Act of I 866." This recommendation was not acted upon ; but the General Assembly by a resolution approved February 2I, 1873, declared that though the purchase money of a portion of said scrip had been received into the State treasury, ''it was a special fund, donated for special purposes, and should not be placed with the general fund of the State, or constitute a part thereof." In accordance with said resolution, the said sum of $C)O, 202. I 7 has remained in the treasury as a separate fund, and interest
thereon at the rate of 7 per cent. per annum has been
regularly paid to the Trustees of the University.
In the month of July, I873, the last payment for the

436

JOUR:'>AL OF THE HOUSE

Agricultural College land scrip-amounting to $g6, 192was received. Of this, $g6,ooo was invested in eight per cent. bonds of the State, which were turned over to the Trustees of the University.
Of the manner in which the interest which has accrued from the land scrip fund has been applied, I am unable to furnish any information. In the several reports which have been made to this department by the Board of Trustees, no discrimination has been made between the income of the University derived from this and from other sources.
J A:\'IES M. SMITH.
The next order of business being the reading of House bills the second time, the following bills were rea? the second time and referred to the Committee on the Judiciary, to-wit:
A bill to amend section 4687 of the Code of I 87 3 Also, a bill to make the Tax Collector ex-officio Sheriff for the purpose of collecting all tax fl. fas. in the county of Troup. Also, a bill to provide for the payment of claims of school officers and teachers of public schools for services rendered during the year 1871, and for other purposes. Also, a bill to regulate the fees of Constables in the county of Wilkes. Also, a bill to authorize the Solicitors General of this State to enter a uollc prosequi in certain cases, and for other purposes. Also, a bill to authorize John R. Simmons, of Americus, to practice medicine free from tax and license in this State. Also, a bill to require the courts of this State to render judgment at the first term, in certain cases, and for other purposes. Also, a bill prescribing the time and manner of making and hearing motions for new trials in criminal cases, before the County Court.

FEBRUARY 14, 1876.

437

Also, a bill to alter and amend an Act to repeal an Act to create an Advisory Board for the counties of Laurens and Glascock, so far as said Act relates to the county of Laurens, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend an Act entitled an Act to organize a Criminal Court in the counties of Marion, Talbot, Stewart and Chattahoochee, approved March 2, 1874, and for other purposes.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Reed Creek Baptist Church and Harmony Grove Presbyterian Church, in the county of Hart.
Also, a bill to authorize the Clerk of the Superior Court of the county of Glynn to plead and practice law in certain courts, and for other purposes.
Also, a bill to protect farm products in the county of Decatur, and for other purposes.
Also, a bill to regulate the pay of jurors in the county of Decatur, and for other purposes.
Also, a bill to extend the jurisdiction of Justices of the Peace and Notaries Public and ex-officio Justices of the Peace of the I026th and 1234th Districts Georgia Militia, of Fulton county.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Glynn, and for other purposes.
Also, a bill to change the time of holding the Superior
Court of Echols county. Also, a bill to exempt all male citizens of the county of
Dodge, over forty-five years of age, from road duty.
Mr. Nelms introduced the following resolution, to-wit: Resobed, That the House hol :i a night session, beginning at 8 o'clock p. m., and adjourn at IO o'clock p. m., to enable the House to adjourn within the constitutional time allowed for its sitting.
On ,motion, the rules were suspended, and the resolution was faken up, read the second time, and agreed to.

438

JouRNAL OF Tim HousE

On motion, the rules were suspended, and the following Senate bill taken up and read the first time, to-wit:
A bill to repeal all laws and ordinances inconsistent with section 1563 of the Code of 1873, inrelation to the inspection of lumber or timber, and for other purposes.
The order of business was resumed.
The following bills were read the second time, and referred to the Committee on Finance, to-wit:
A bill for the relief of the heirs of Mordecai Sheftall.
Also, a bill to regulate the receiving of Tax Returns in this State.
Also, a bill for the relief of G. W. Grubbs, S. G. Bell, A. G. Inman, and L. D. Matthews, securities on the bond. of R. C. Wimberly & Co.
Also, a bill to amend the charter of the Vernon Shell Road Company.
Also, a bill for the relief of William Buice, of Milton county.
Also, a bill to authorize the Trustees of Salacoa Academy, of Gordon county, to sell the same.
Also, a bill to amend an Act to regulate the sale of spirituous liquors in certain counties.
Also, a bill to appropriate money for the use and improvement of the State Lunatic Asylum.
Also, a bill to repe<W, an Act to reduce the bond of the Sheriff of Heard county, and to increase the bond of the Ordinary and Sheriff of Dougherty county, so far as relates to the Sheriff of Dougherty county.
Also, a bill to require the Mayor of Augusta to discharge the duties of the Recorder of said city, and to limit the salary of said Mayor.
On motion, the rules were suspended, and the following Senate bill taken up and read the second time, to-wit:
A bill to amend an Act entitled an Act to amend the tax laws of this State relating to Railroad companies in this

439
'State, so far as the same applies to the Brunswick & Albany Railroad, and for other purposes.
The following House bills were read the second time, and referred to the Committee on Corporations, to-wit :
A bill to compel the officers and municipal authorities of cities, towns and villages to impartially discharge their duties, and for other purposes.
Also, a bill to amend an Act entitled an Act to extend the corporate limits of the town of vVatkinsville, and for other purposes.
Also, a bill to incorporate the town of Stockton, in the county of Clinch.
Also, a bill to provide for the printing of the Department of Agriculture of this State.
Also, a bill to change the incorporate limits of the town .of Cochran, in Pulaski county.
Also, a bill to explain and amend the first section of an Act entitled an Act to incorporate the Episcopal Church, in Savannah, called Christ Church.
The following House bills were read the second time, .and ordered to be engrossed, to-wit:
A bill to amend an Act to regulate the sale of spirituo~1s liquors in certain counties therein named, approved February 26, 187 5, so far as to apply the provisions of said Act to the county of Douglas.
Also, a bill to amend an Act entitled an Act to extend the jurisdiction of the Justice's Court of the district embracing the county site of Clinch county, approved March 2, 1874, and apply the provisions of said Act to the district embracing the county site of the county of Douglas.
The following bills were read the second time, and referred to the Committee on N e~v Counties and County Lines, to-wit :
A bill to change the line between the counties of Carroll and Heard.
Also, a bill to change the line between the counties of Randolph and Terrell.

440

JOIJRNAL OF THE HousE

The following House bill was read the seond time and! referred to the Committee on Banks, to-wit:
A bill to incorporate the Merchants and Planters Bank of Griffin.
The following bill was read the second time, and by consent withdrawn, to-wit:
A bill to protect the propagation of shad in the Ogeechee river.
The hour of adjournment having arrived, the Speaker declared the House adjourned until 9:30 o'clock to-morrow.

ATLA::\TA, GEORGIA,

}

Februmy I 5, I 876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.

The call of the roll was, on motion, dispensed with.

The Journal of yesterday was read and approved. Mr. vVarren presented a petition from certain citizens of Chatham county, which was referred to the Committee on Privileges and Elections.

Mr. Shewmake, chairman of the Committee on Public Property, submitted the following resolution, which was. read the first time, to-wit :

A resolution authorizing the Governor to sell certain real estate belonging to the State of Georgia.

The regular order of business being the reading of House bills the third time, the following bills were read the third time and disposed of as is hereinafter specified, towit:
A bill to provide for supplemental proceedings against debtors after judgment and execution. Passed.

Also, a bill to amend the several laws in force in relation

FEBRUARY IS, I8i6.

441

to the State Institution for the Deaf and Dumb. Amended and passed.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-w~t:
lrir. Speaker: The Committee on Enrollment report. as duly enrolled
and ready for the signature of the Speaker of the House of Representatives the following bills, to-wit :
A bill to amend an Act entitled an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, I875
Also, a bill to prohibit the sale of intoxicating liquors within the incorporate limits of the town of Morgan, in Calhoun county.
Also, a bill to prevent the killing of game in the county of Morgan, between the Isth of March and Ist of October in each year.
Also, a bill to prohibit the sale of. intoxicating drinks of any kind whatever, within two miles of Sardis Church, in Cobb county.
Also, a bill to regulate and define the pay of grand and petit jurors for the <:ounty of Chattahoochee.
Also, a bill to prohibit the sale .of intoxicating liquors within three miles in any direction of Bluffton, in the county of Clay.
Also, a bill to amend an Act to form a Board of Commissioners of Roads and Revenues for the county of Ap-
pling, approved March 5, tS75.
Also, a bill to prohibit emigrant agents from plying their vocation in this State, and for other purposes.
The following message was received from his Excellency the Governor, through 'Mr. Warren, his Secretary, to-wit:

442

JouR:>:AL oF THE HousE

!VIr. Speaker:
His Excellency the Governor, has approved the following Acts, to-wit :
An Act to provide for the compensation of jurors in Baldwin county.
An Act to fix the salary of the Judge of the County Court of Brooks county.
An Act to amend the charter of the city of Milledgeville.
An Act to appoint Trustees of the Macon Guards, and ..to grant them certain privileges, and for other purposes therein mentioned.
An Act to amend an Act entitled an Act to organize a County Court in each of the counties of Calhoun, Baker, Quitman and Miller, to define their jurisdiction and for other purposes, approved March 2, 1874, so far as it relates to the county of Miller.
An Act to establish and define the corporate limits of the city of Griffin, Spalding county, Georgia ; to limit the number of officers of said city; to limit the current expenses of said city; to define the powers and duties of the Mayor and Council of said city; to repeal certain Acts amending the charter of said city, and for other purposes therein mentioned.
And also, a resolution authorizing the Governor to sell a lot in the city of Atlanta, now the property of the State, and known as the Foster Blodgett lot.
The following message was received from the Senate through Mr. Murphey, the Secretary thereof, to-wit:
Mr. Speaker: The Senate has passed the following bills of the House
of Representatives, with amendments thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to require the Ordinaries, Tax Collectors, County Treasurers, School Commissioners, Clerks of the Superior

FEBRUARY 15, 1876.

443

Courts, and Sheriffs of the several counties of this State, to make returns to the grand juries in their respective counties, as herein provided.
Also, a bill to amend an Act, approved Aug}Jst 23, 1872, to prohibit the buying, selling, delivering or receiving of any farm products, between sunset and sunrise, in the counties of Lincoln, Brooks, Greene and other counties therein named, so as to include the county of Butts.
The Senate has passed the following bills of the House of Representatives, to-wit:
A bill to change the line defining the corporate limits of the city of Newnan.
Also, a bill to amend an Act to establish a County Court in Coweta county.
. Also, a bill to declare Yellow river, in Newton and Rockdale counties, a lawful fence, and for other purposes.
Also, a bill to create a Supervisor of Roads for the county of Columbia.
Also, a bill to regulate the pay of grand and traverse jurors and bailiffs in the county of Bartow.
Also, a bill to change the line between the counties of Laurens and Johnson, and the line between the counties of Randolph and Terrell.
Also, a bill to change the line between the counties of Taliaferro and Greene.
Also, a bill to establish a Board of Commissioners for the county of Talbot, and to define the powers and duties thereof.
Also, a bill to authorize the Sheriffs of this State, or
their deputies, to levy and collect tax .ft. fas. of any
amount, and for other purposes. Also, a bill authorizing and requiring the School Com-
missioners for the town district of the town of Thomaston, and the County Board of Education of Upson county, to make conveyance of academy lots to the Trustees of "Thomaston High School, and to pay the pro rata of the public school fund to the account of its teachers.

444

JOUR~AL OF THE HOCSE

Also, a bill to confer additional powers upon the Tax Collector of Sumter county, and to make said Tax Collector ex-officio Sheriff in certain cases.
Also, a bill to change the line between the counties of Newton and Jasper.
Also, a bill to prevent fishing in the waters of \Vorth county with seines, etc.
Also, a bill for the relief of Thomas Hollis, David Dyer and Lester Markham, sureties on the bonds of Allen \Villiams.
I
The Senate has passed the following bill, to-wit: A bill to abolish the Georgia State Lottery.
The Senate has passed the following bill of the House of Representatives, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to repeal an Act entitled an Act to regulate the letting out of contracts to the lowest bidder by county authorities, and for other purposes.
Order of business resumed. A bill to amend an Act, approved March 3, 1875, entitled an Act for the relief of maimed and indigent soldiers. Lost. Also, a bill to re-enact an Act entitled an Act to organize a Criminal Court in each county in this State, so as to apply the provisions of said Act to the county of Bartow. Passed.
Also, a bill to change the line between the counties of Banks and Jackson. Lost.
Also, a bill to repeal .an Act, approved February 23, 1875, entitled an Act to amend section 4401 of the Code, defining the punishment for hog stealing. Lost.
On motion of Mr. Allred, all House bills that fillY. be read to-day the third time were ordered transmitted at once to the Senate, unless in cases of notice for a reconsideration is given.

FEBRUARY IS, 1876.

445

A bill to incorporate the Citizens Loan and Trust Company, of Marietta, Ga.

The Committee on Banks, to whon1 this bill had been referred, reported it back, with the recommendation that it do pass by substitute.
The substitute proposed by the committee was agreed to. Upon the passage of the bill, a constitutional majority of two-thirds being required, the vote was taken by yeas and nays.

Those voting in the affirmative are-Messrs.

Anderson,

Hamilton,

Patton,

Adams,

of Clinch, Pitman,

Allred,

Hamilton,

Rankin,

Alderman,

of Floyd,

Ridley,

Baker,

Hoge,

Revill,

Bacon, of Liberty, Holland,

Shewmake,

Barnweil,

Humber,

Sharpe,

Binns,

Hutchenson,

Saunders,

:Brown,

Hutchins,

Stallings,

Black,

Harrall,

Smith, of Dawson,

Blue,

Harrison,

Smith,

Battle,

Hammond,

of Lowndes,

Bennett,

Hall,

Smith, of \Vebster,

Beall,

Henderson,

Sapp,

Bowen,

Holcombe,

Simmons,

Carter,of Appling, Irwin,

Scott,

Craig, of Bibb, Jamison,

Skelton,

Craig, of White, Jones, of Burke, Spinks,

Camp,

Jones, ofCrawford, Stewart,

Cassidy,

Jones, of Rabun,

of Rockdale,

Carleton,

Kennedy,

Stewart,

of Greene,

of Bulloch,

of Sumter,

Crymes,

Kennedy,

Searcy,

Calhoun,of Fulton, of Emanuel, Speer,

Cobb,

King,

Simpson,

Candler,

Kilpatrick,

Sharman,

446

JouR~AL oF THE HousE

Clements, of Irwin, Lang,

Turnbull,

Clements,

Lawton,

Turner, of Brooks,

of Whitfield, Lindley,

Turner, of Floyd.

Christian,

Leach,

Thomas,

Chappell,

Lane,

Thomason,

Crawford,

Little,

Tumlin,

Clarke,

Livingston,

Tootle,

Colley,

Leverett,

Warren,

DeLoach,

McKinly,

Whittle,

Duncan,

Mathews,

Wilson, of Fulton.

Duggar,

Maxwell,

\Vilcox,

Duggan,

McGill,

\Vilcoxon,

Dyer,

Mattox,

Winningham,

Duke,

Moss,

Wesselowsky,

Davis,

Meadows,

Wilcher,

Elkins,

Miller, of Marion, \Vare,

Fredrick,

Miller, of Ware, 'Wynne,

Furlow,

Neal,

Wimberly,

Ficklan,

Norman,

Willis, of Greene.

Fannin,

Nelson,

Willis, of Macon,

Fort,

Pierce,

\Varner,

George,

Potts,

Wofford,

Glisson,

Parker,

Williams,

Graham, of Dooly, Phinazee,

\Valsh,

Graham, ofTelfair, Patman,

\Vorthen.

Grimes, of Miller, Peden,

Yeas, 142. Mr. Fain voted no.

So the bill was passed by the requisite constitutional majority.

Also, a bill to authorize Henry C. Moore to peddle with-
out license. \Vithdrawn.
Also, a bill to allow T. J. Brinson, of the county of Mc-
Duffie, to practice medicine without a diploma. With-
drawn. Also, a bill to fix the compensation of the Treasurer o~
the county of Muscogee. Passed.

FEBRUARY 15, 1876.

447

Also, a bill to amend an Act to extend the jurisdiction of the Justices' Court of the district embracing the county site of the county of Clinch, and for other purposes, approved March 2, 1874. Passed.
Also, a bill to define and make. permanent the line between the counties of Marion and Chattahoochee. Passed.
Also, a bill to amend an Act to regulate the sale of spirituous, vinous and malt liquors in certain counties therein named, approved February 26, 1875, so as to apply the provisions of said Act to the county of Douglas. Passed.
Also, a bill to regulate the leasing out of Penitentiary convicts by the Governor, and for other purposes.
On motion of Mr. Furlow, this bill was made the special order of Thursday next, at 10 o'clock a. m.
The following bills, as amended by the Senate, were taken up for consideration, and the proposed amendments thereto concurred in, to-wit:
A bill to regulate the sale of intoxicating liquors in the county of Miller.
Also, a bill to levy a tax for the support of the Government for the year 1876, and for other purposes.
On motion of Mr. Hammond, the rules were suspended, and the following bills were introduced and read the first time, to-wit:
By Mr. HammondA bill to amend an Act entitled an Act to amend section 4814 of the Revised Code, which relates to the farming out of convicts. By Mr. BrownA bill to amend section 4399 of the Code, and for other purposes. The House then proceeded to the consideration of the following bill, as the special order of the day, to-wit : A bill to amend an Act to loan the credit of the State to Marietta, Canton & Ellijay Railroad, and for other purposes, approved October 24, 1874.

-448

JOURNAL OF THE HOUSE

The Committee on Internal Improvements, to whom this bill had been referred, reported the bill back, with the recommendation that it do pass.
Mr. Irwin offered an amendment to the bill, which was adopted.
The report of the Committee as amended was then agreed to.
On motion of Mr. Speer, the bill as amended was committed for further consideration.

The House went into the Committee of the \Vhole for the further consideration of the bill.
Mr. Candler, chairman of the Committee of the whole, reported the bill back to the House amended, and without recommendation.

Mr. Clements, of walker, moved to indefinitely postpone the bill.
On the motion to indefinitely postpone the bill, Mr. Allred called for the ayes and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Atkinson,

Fredrick,

Phinazee,

Anthony,

Ficklan,

Patman,

Adams,

Fannin,

Peden,

Alderman,

Fort,

Pitman,

Baker,

Graham, of Dooly, Rankin,

Bacon, of Bibb, Graham, of Tefair, Revill,

Binns,

Grimes,

Saunders,

Black,

of Miller, Stallings,

Battle,

Hamilton,

Smith, ofLowndes,

Bennett,

of Clinch, Smith, of \Vebster,

Burns,

Hamilton,

Simmons,

Carter, of \Valton,

of Floyd,

Craig, of Bibb, Hoge,

Camp,

Holland,

Cassidy,

H utchenson,

Scott, Spinks, Searcy, Speer,

FEBRUARY 15, 1876.

449

Carleton,

Hutchins,

of Greene, Hammond,

Crymes,

Hall,

Calhoun,

Holcombe,

of Fulton, Kennedy,

Calhoun,

of Bulloch,

of Montgomery, Kennedy,

Culver,

of Emanuel,

Clements,

King,

of Whitfield, Kilpatrick,

Clements,

Lawton,

of Walker, Lamkin,

Christian,

Leach,

Chappell,

Lane,

Crawford,

Little,

Clarke,

Mattox,

Colley,

Moss,

DeLoach,

Meadows,

Duncan,

Miller, of \Vare,

Duggan,

Marshall,

Davis,

Neal,

Elkins,

Pierce,

Sharman, Turner, of Brooks, Turner, of Floyd, Thomason, Tumlin, Tootle, Whittle, \Vilson, of Fulton, \Vilcoxon, \V estbrook, Wilcher, Ware, Wynn, \Vimberly, \Villis, of Greene, \Villis, of Macon, \Varner, Wofford, Williams, \Valsh, \Vorthen.

Those voting in the negative are-Messrs.

Anderson,

HarraH,

Peeples,

Allred,

Harrison,

Potts,

Bacon, of Liberty, Henderson,

Parker,

Barnwell,

Irwin,

Patton,

Brown,

Jamison,

Ridley,

Blue,

Jones, of Burke, Shewmake,

Bowen,

Jones, of Crawford, Shellnut,

.Carter,of Appling, Jones, ofRabun, Sharpe,

Craig, of White, Lang,

Smith,

Cobb,

Lindley,

of Dawsoa,

Candler,

Livingston,

Sapp,

Clements, of Irwin, Leverett,

Skelton,

450

JouRNAL OF THE HousE

Duggar, Dyer, Duke, Eakes,

McKinly, Mathews, Maxwell, McGill,

Stewart, of Rockdale,
Stewart, of Sumter, Terrell,

Furlow,

Miller, of Marion, Warren,

Fain,

Nelms,

Wilcox,

Glisson, Humber,

Norman, Padget,

Winningham, Wesselowsky.

Yeas, 99 Nays, 59 So the motion to indefinitely postpone the bill prevailed.

Leave of absence was granted Mr. Gray.

The hour of adjournment having arrived, the Speaker

declared the House adjourned until 3 o'clock this after-

noon.

AFTERNOON SESSION.

3 o'cLOCK P. M. The House re-assembled. The roll call was, on motion, dispensed with. The following House bills were read and the Senate amendments thereto concurred in, to-wit : A bill to require the Ordinaries, Tax Collectors, Treasurers, School Commissioners, Clerks of th~ Superior Courts, and Sheriffs of the several counties of this State, to make returns to the grand juries in their respective counties as herein provided. Also, a bill to repeal an Act entitled an Act to regulate the letting out of contracts to the lowest bidder by county authorities, and for other purposes. Also, a bill to amend an Act, approved August 23, 1872, entitled an Act to prohibit the buying, selling, receiving or delivering of certain farm products therein specified, between sunset and sunrise, so as to apply the provisions of said Act to the county of Butts. The next business in order being the reading of House bills the second tim~, the following bills were read the

FEBRUARY IS, I876.

4)!:

second time and referred to the Committee on the Judiciary~ to-wit:
A bill to amend section 3850 of the Code.
Also, a bill to create a Criminal Court for the county of Bartow.
Also, a bill to declare forfeited the fees allowed Solicitor Generals of this State for services in the Supreme Court,. where they fail or neglect said duties, and for other purposes.
Also, a bill to allow the Commissioners of Roads and Revenues of the county of Baker to issue county bonds.
Also, a bill to authorize Judges of the Superior Courts in this State, to strike criminal cases from the dockets under certain circumstances, aud for other purposes.
Also, a bill to amend section 2708 of the Revised Code of Georgia of r873.
Also, a bill to limit the amount of county taxes, levied for county purposes in Decatur county, to legalize the county taxes levied for the fiscal year 1875, and for other purposes.
Also, a bill to abolish the County Court so far as relates to the county of Carroll, and to repeal the several Acts in relation thereto, and for other purposes.
Also, a bill to prohibit the municipal authorities of the city of Bainbridge from taxing lands used for agricultural purposes at more than their actual value for such purposes.
Also, a bill to amend section 4784, of Irwin's Revised Code, which section prescribes the powers of the City Council of Savannah, over the Savannah fire company, and for other puposes.
Also, a bill for the relief of Elizabeth Tanner, of Dawson county.
Also, a bill in relation to the fees of Justit:es of the
Peace and Bailiffs, of Chatham county, and for other purposes.
Also, a bill to amend section 4500 of the Code of 1873. which relates to the illegal employment of servants.

JouRNAL OF THE HousE
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Telfair and Montgomery.
Also, a bill to provide for the redemption of property sold under execution in this State, and for other purposes.
Also, a bill to allow the Mayor and Council of Cedartown to regulate the sale of intoxicating liquors within the limits of said town.
Also, a bill to repeal an Act to amend section 1876 of the Revised Code in relation to the binding out of certain minors.
Also, a bill to alter and amend an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade, Polk, and other counties therein named, passed February z6, r87j.
Also, a bill for the relief of James D. Collins, of the county of Fulton, as security on a forfeited recognizance in the case of the State 'Z/S. E. E. Vaughn.
Also, a bill to repeal an Act requiring the voters of the city of Bainbridge, in Decatur county, to register their names before voting at municipal elections.
Also, a bill to lay off and organize a new county from the county of Decatur.
Also, a bill consolidating the offices of Clerk of the Superior Court of Dougherty county and the Treasurer of said county, and fixing compensation for the same.
Also, a bill to confer privileges upon James Grier, of the county of Stewart, and for other purposes.
Also, a bill to alter and amend section 4305 of the Code of 1873 relating to the definition of principals in the first and second degrees of crime, and for other purposes.
Also, a bill to authorize married women to act as guardians for their minor children by a former husband.
Also, a bill to alter and amend section 4368 of the Code of 1873 upon the subject of inveigling children, and for other purposes.

FEBRUARY IS, I876.

453

Also, a bill to amend section 32 I 7 of the Code of I 873, which relates to the manner of disposing of injunctions in vacation, and for other purposes.
Also, a bill to provide for the payment of the fees of the Solicitor General of the Southern Judicial Circuit of this State in cases of misdemeanors, and for other purposes.
Also, a bill to amend an Act establishing County Courts in certain counties in this State, so far as the same relates to the county of vVilkes, and for other purposes.
Also, a bill to alter and amend the charter of the city of Columbus, so as to abolish the office of Deputy Marshal of said city.
Also, a bill to submit the question of prohibiting the sale of spirituous, malt and vinous liquors within the incorporate limits of LaGrange, to a vote of the voters of said city, and for other purposes.
l\Ir. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Jlh. Speaker :
The Committee on Enrollment report as duly enrolled, and ready for the signature of the Speaker of the House of Representatives, the following bills, to-wit :
A bill to amend an Act to establish a County Court in Coweta county, approved March 2, I874
Also, a bill to regulate the sale of intoxicating liquors in the county of Miller.
Also, a bill to change the line defining the corporate limits of the city of Newnan, in the county of Coweta.
Also, a bill to create a Supervisor of Roads for the county of Columbia.
Also, a bill to change the line between the counties of Laurens and Johnson, and the line between the counties of Randolph and Terrell.
Also, a bill to regulate the pay of grand and traverse jurors and bailiffS in the county of Bartow.
Also, a bjJl for the relief of Thomas Hollis, David Dyer,

454.

} OURXAL OF THE HOUSE

and Lester Markham, sureties on the bonds of Allen Wil'liams, of the county of Morgan.
Also, a bill to declare Yellow river, in Newton and Rockdale counties, a lawful fence, and for other purposes.
Also, a bill to change the line between the counties of Taliaferro and Greene.
Also, a bill to change the line between the counties of Newton and Jasper, and for other purposes.
Also, a bill to confer additional powers upon the Tax Collector of Sumter county, and to make said Tax Collector ex-officio Sheriff in certain cases.
Also, a bill authorizing and requiring the School Commissioners for the town district of the town of Thomaston, and the County Board of Education of Upson county, to make conveyance of Academy lots to the Trustees of Thomaston High School, and for other purposes.
Also, a bill to authorize the Sheriffs of this State, or their deputies, to levy and collect tax fi. fas., and for other purposes.
Also, a bill to establish a Board of Commissioners for the county of Talbot, and for other purposes.
Also, a bill to prevent fishing in the waters of \Vorth county with seines, traps, gill nets, or otherwise, except as hereinafter provided.
l\Ir. Lawton, chairman of the Committee on the J udiciary, submitted the following report, to-wit:
31r. Spcaka :
The Committee on the Judiciary have had under consideration the following bills, and recommend the passage of the same, to-wit :
A bill to amend an Act to establish a Board of Commissioners of Roads and Revenues in the counties of Habersham and Lowndes, approved December I I, I 87 I, so as to apply the same to the county of Rabun.
Also, a bill to amend an Act for the relief of maimed and indigent soldiers, appro\ed March 3, 18/S

FEBRUA~Y Is. 1876.

455

Also, a bill to amend an Act creating a Board of Commissioners for the county of Bibb.
Also, a bill to prevent fceticide in this State.
Also, a bill to amend an Act creating a Board of Commissioners for Decatur county.
Also, a bill to prevent the killing of game in Greene .county.
Also, a bill to regulate the compensation of Tax Receiver, Tax Collector and Treasurer, for the county of Troup.
Also, a bill to repeal all laws creating a Board of Commissioners of Roads and Revenues for the county of Hab.ersham.
Also, a bill to allow the transfer of criminal cases in the Superior Court of Taylor county to the Criminal Court of said county, and for other purposes.
Also, the following bills, which they recommend do pass with the amendments herewith submitted, to-wit:
A bill to create a Board of Commissioners for the county -of Mcintosh and city of Darien, and to define their powers and duties.
Also, a bill to amend an Act creating a Board of Commissioners of Roads and Hevenues in certain counties in this .State therein named, approved December 13, 1871, so far as relates to the county of Sumter.
Also the following bills, for which they herewith submit substitutes, and recommend the passage of the same, to-wit:
A bill to repeal an Act creating a Board of Health in this State.
Also, a bill to define and regulate the mode of trial in certain civil causes in this State.
Also, a bill to amend an Act to prevent camp hunting in this State, so as to apply the provisions of the same to the county of Douglas.
Also, a bill to establish a County Court in Dodge county.

~56

JouRNAL oF THE Hot.:sE

Also, the following bills, which they recommend do not pass, to-wit:
A bill to make binding judgments rendered against executors, administrators, guardians and trustees.
Also, a bill to regulate the sale of spirituous liquors within the corporate limits of Blackshear.
Also, a bill to amend an Act creating a County Court in certain counties in this State therein named, so far as the same applies to the county of Oconee.
Also, a bill to provide that certain county officers holding trust funds shall take an additional oath.
Also, a bill to repeal an Act entitled an Act to amend the garnishment laws of this State, approved February 20,
1873
Also, a bill to relieve plaintiffs in .ft. fas. in certain cases
from the costs of advertising judicial sales.
Also, the following bill, which they report back to the House, without recommendation, to-wit:
A bill to amend an Act regulating the sale of spirituous liquors in certain counties in this State therein named, approved February 26, 1875, so as to apply the provisions of said Act to the county of Jackson.
The following bills were read the second time and referred to the Committee on Corporations, to-wit:
A bill to alter and amend the charter of the town of DeSoto, in the county of Floyd.
Also, a bill to incorporate the town of Duluth, in the county of Gwinnett.
Also, a bill to amend the charter of the town of Bellton, in the counties of Hall and Banks.
Also, a bill to change the corporate line of the city of Cartersville.
Also, a bill to incorporate the Augusta. Insurance Company.
Also, a bill to incorporate the Atlan.tic and Mex~an Gulf Canal Company.

FEBRUARY 15, 1876.

457

Also, a bill to amend the charter of the town of Conyers, and for other purposes.
Also, a bill to incorporate the town of Oconee, in the county of \Vashington.
The following bills were read the second time and referred to the Committee on Finance, to-wit:
A bill for the relief of G. W. Underwood. Also, a bill for the relief of Wallis Haley & Co., Fields l\IcAfee, Tate & Co., and John M. McAfee. Also, a bill for the relief of Philip Phillips, of Washington county. Also, a bill for the relief of Dougherty Jackson. Also, a bill to reduce the commissions of the Tax Receiver and Tax Collector of Clay county, for collecting the taxes of said county. Also, a bill for the relief of T. S. Chester, Thomas Savage and John Wil~inson. Also, a bill for the relief of Stephen Saucer. Also, a bill for the relief of Jesse McAfee, of Johnson county. Also, <1. bill to authori~e apd require the State Treasurer to pay certain past due coupons of this State herein described. Also, a bill for the relief of A. A. Paul. The following bills were read the second time and ordered to be engrossed, to-wit: A bill to amend an Act regulating the sale of intoxicating liquors in certain counties therein named, so far as the same relates to the county of Haralson. Also, a bill to prohibit the sale of intoxicating liquors within three miles of Bethlehem and Wilson Churches, in the county of Jackson. Also, a bill to prohibit the sale of spirituous liquors within three miles of Island Creek Church, in the county of Hancock. Also, a bill to reduce the commissions of the County Treasurer of the county of Clay.

458

JouRNAL oF THE HousE

Also, a bill to amend an Act entitled an Act to prescribe the mode of granting license to sell intoxicating liquors in certain counties therein named, approved February 3, I 873.
Also, a bill to prohibit the sale of spirituous liquors at Red Hill, in the county of Stewart.
Also, a bill to regulate the sale of schnapps in the county -of Union, under the guise of medicine.
Also, a bill to make the Tax Collector ex-officio Sheriff .of - - county, and for other purposes.
Also, a bill to authorize David Shuler, of the county of Fannin, to keep up a gate across a public road therein described.
Also, a bill to amend an Act entitled an Act to incorporate the town of Hogansville, in the county of Troup.
Also, a bill to prescribe the duties and fix the term of office of the Solicitor of the County Court of Richmond .county.
Also, a bill to amend an Act, approved January I9, I 872, creating a County Court in each county in this State, so far as the same relates to the county of Putnam.
The following bills were read the second time and referred to the Committee on Agriculture, to-wit:
A bill to allow the placing of fish traps in the waters of the Big Indian creek,.
Also, a bill to secure and protect the growing crops from the ravages of stock, and for other purposes.
The following bill was read the second time and referred to the Committee on Internal Improvements, to-wit :
A bill to prohibit any person or persons from placing 'Obstructions in the Toccoa river, in the county of Fannin.
The following bill was read the second time and referred .to the Committee on New Counties and County Lines, to-wit:
A bill to change the line between the counties of Coffee and \Vare.

FEBRUARY 15, 1876.

459

The next order of business being the reading of Senate bills the first time, the following Senate bills were read the first time, to-wit :
A bill to repeal so much of section 1272 of the Code of 1873, as makes it the duty of the Governor to issue new bonds of the State in lieu of all such le6al bonds as shall be paid off or purchased, or cancelled, which said new bonds are intended to be added to, and for other purposes.
Also, a bill to amend section 283 of the Code of 1873.
Also, a bill for the relief of John A. Houser, and L. M. Houser, of Houston county, and for other purposes.
Also, a bill to prohibit the sale of intoxicating drinks within three miles of Pleasant Springs Church and New Bethel Church, in \Vashington county.
Also, a bill to change the county line between the counties of Coffee and Clinch.
Also, a bill authorizing and requiring the Governor to appoint a Board of Visitors to the State Deaf and Dumb Asylum, and for other purposes.
Also, a bill to incorporate the Fulton Cotton Spinning Company.
Also, a bill to amend sections 1227, 1228, 1235, 1236 and 1237 of the Code of 1873, in relation to the Academy for the Deaf and Dumb.
Also, a bill to amend section 894 of the Code of 1873, .and for other purposes.
Also, a bill to allow Peterson Thweatt, former Comptroller General, to have the legality of his claim against the State determined by the courts of the State.
Also, a bill to incorporate the Toccoa and Tallulah Railway company, and for other purposes.
Also, a bill to change the time of holding the Superior Court of the county of Washington.
Also, a bill to prohibit the driving of stock into this State from another State, between the first of April and the last of November.

460

JouRXAL oF THE HousE

Also, a bill to amend section 4141 of the Code of 1873. Also, a bill to define the laws as to advertising citations and other notices, or sales by county officers, executors and gaurdians in this State. Also, a bill for the relief of B. H. lvey and G. W. Cody. Also, a bill to amend the charter of the city of Sandersville, and for other purposes. Also, a bill to regulate the fees of the Attorney General of this State. Also, a Lill to incorporate the Merchants Bank of Atlanta. Also, a bill to amend an Act to consolidate and amend the several Acts incorporating the city of Brunswick, and for other purposes. Also, a bill to amend an Act to regulate the sale of intoxicating liquors in the counties of Wilkes and Polk, approved February 27, 1875 Also, a bill to provide a penalty for escapes from the chain gang, and for other purposes. Also, a bill to regulate and define the liability of the State of Georgia as owner of the Macon & Brunswick Railroad, and for other purposes.
Also, a bill to repeal an Act to create a County Court in each county in this State, etc., approved January 19, 1872, so far as the same relates to the county of Lowndes.
Also, a bill to amend an Act, approved February 20, I 873, to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, and apply the provisions of said Act to the counties of Twiggs and Glascock.
Also, a bill to regulate the pay of grand and petit and County Court jurors for the county of Laurens.
Also, a bill to make all true bills found by the grand juries of Calhoun county, below the grade of a felony, returnable to the County Court of said county.

FEBRUARY 15. 1876.

461

Also, a bill to incorporate the Lamar Mining Company. Also, a bill to amend an Act to incorporate the city of Dawson, and for other purposes. Also, a bill to change the time of holding the Court of Ordinary in the county of Terrell. Also, a bill to provide the tribunal where claims and illegalities interposed to executions issued from the Courts of Ordinary shall be tried. Also, a bill to repeal an Act entitled an Act to create a County Court in each county of this State, approved January 19, 1872, so far as said Act relates to the county of Screven. Also, a bill to prevent the obstruction of the free passage of fish in the streams in the counties of Miller, Calhoun and Baker, between February 1st and May 1st of each year. Also, a bill to grant R. L. Mitchell & Co. certain pridleges in making an abstract of the records of deeds and mortgages in the county of Fulton. Also, a bill to compensate Clerks of the Superior Court and Sheriffs for services rendered, not otherwise provided for by law, so far as relates to the county of Liberty. Also, a bill to amend the laws of this State as to contracts of insurance, and to define the liability of fire and life insurance companies to persons insured. Also, a bill to prevent the erection of obstructions to the free passage of fish in the Kinchefoonee creek. Also, a bill to authorize the granting of one new trial by the Superior Courts in civil cases.
Also, a bill to alter the laws of this State relative to the summary establishment of lost papers.
Also, a bill to amend an Act to prohibit hunting on the lands of another in the counties of Quitman and Camden, and for other purposes.
Also, a bill to amend section 3972 of the Code. Also, a bill to fix the fees of the Jailor of Twiggs county, and for other purposes.

462

JouRNAL OF THE HousE

Also, a bill to repeal the 3d section of an Act to establish a City Court in the city of Atlanta, approved March 4, 1875, and to ratify the acts done under said Act.
Also, a bill to change the line between the counties of Bibb and Twiggs, so as to include certain lots therein named.
Also, a bill to amend section 4376 of the Code, so as to include in the definition of the crime mentioned m said section the person who shall set fire to or burn his own house.
Also, a bill to amend sections 1955 and 1956 of the Code of 1873 in regard to the time for recording mortgages, and for other purposes.
Also, a bill to permit the Savannah Bank and Trust Company to reduce its capital stock.
Also, a bill to define for whom trust estates may be created, and the reasons for such creation.
Also, a bill to repeal the IOth section of an Act to create a Board of Commissioners for the cou:-~ty of Clay, approved February 20, 1873.
Also, a bill to amend an Act to prohibit the sale of spirituous liquors within two miles of New Liberty Church, in Catoosa county, and to provide punishment for the violation of this Act, and for other purposes, approved March
3, !874 Also, a bill to amend section 327 of the Code of
Georgia. Also, a bill to relieve F. W. Williams irom all liability
which he may have or may be incurred by him in Berrien Superior Court on the appearance bond of Harrison Carter, upon which he is security.
Also, a bill to repeal section I Ith of an Act to incorporate the city of Madison, and for other purposes.
Also, a bill to provide for the compensation of the Judge of the County Court, to regulate the fees of the Solicitor, and for other purposes, so far as relates to the county of Carroll.

FEBRUARY 15, 1876.

463:-

Also, a bill to prohibit the sale of intoxicating liquors within certain limits of the depot on the Atlanta and Richmond Air Line Railroad, at Suwanee, in the county of Gwinnett.
Also, a bill to change the line between the counties of Calhoun and Early.
Also, a bill to provide for compensation to Ordinaries, Clerks of the Superior Court and Sheriffs, for services, where no adequate compensation is now provided by law.
Also, a bill for the relief of the securities of Thomas E. McRea, on a criminal bond.
Also, a bill to regulate the sale of spirituous liquors in the city of Brunswick, county of Glynn, and to submit the same to a vote of the people.
Also, a bill to incorporate the Blue Ridge Mining Company.
Also, a bill to provide a Board of Commissioners of Roads and Revenues for the county of Putnam, and for other purposes.
Also, a bill to amend an Act to prescribe the mode of incorporating towns and villages in this State, approved August 26, 1872, and for other purposes.
Also, a bill to repeal an Act in so far as to modify the laws against lotteries as to enable W. 'vV. Boyd, of Atlanta, and others therein named, who were therein granted authorty to adopt a scheme and raise money for the purpose of building a home, to be called the Masonic Orphans' Home, approved December 12, 1866, and for other purposes.
Also, a bill to amend an Act to create a County Court in each county in the State, except certain counties therein mentioned, approved January 19, 1872, and for other purposes, in so far as it relates to the county of Screven.
Also, a bill to prescribe the maximum rate to be charged by the newspapers of this State for the publication of such advertisements as are now required by law to be published by Ordinaries and other county officers.

464

JouRNAL OF THE HocsE

Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Twiggs, and for other purposes.
Also, a bill to empower the Judges of the Superior Courts of this State to appoint or employ a reporter or stenographer in their courts, and for other purposes.
Also, a bill to prevent the sale of spirituous liquors within two miles of Henry's Church, in Hart county.
Also, a bill to amend an Act for the protection of deer, partridges and wild turkeys, and for other purposes, so as to include the counties of Camden, Bartow, Putnam and Floyd.
Also, a bill to authorize the County Judge of the county of Hancock, in conjunction with certain citizens of said county, to issue and negotiate the bonds of said county to raise money for the purpose of building a new court house, and for other purposes.
Also, a bill to amend the homestead la\\s of the State of Georgia.
Also, a bill to relieve the officers and agents of the Georgia Railroad & Banking Company in certain cases therein specified.
Also, a bill to amend section 2279 of the Code of I 873, as to renting real estate.
Also, a bill to amend an Act to provide for the payment of certain insolvent criminal costs in the Northern Judicial Circuit, and for other purposes.
Also, a bill to make minors parties to the proceedings in the courts of this State.
Also, a bill to amend the charter of the Bank of \Vashington, at \Vashington, in this State.
Also, a bill to define in what court awards provided to be entered on the minutes of the Superior Court, under section 4242 of the Code of I 873, shall be entered.
Also, a bill to amend an Act to prevent the destruction .of insectiverous birds in the county of Richmond and other

FEBRUARY IS, 18]6.

465

teounties, amended by extending the same to the counties <Of Calhoun, Baker and Bartow.
Also, a bill to authorize Ernest G. Roch, an alien, to practice law in this State before he is twenty-one years of age.
Also, a bill to prohibit the sale of intoxicating liquors within three miles of Holly Springs Baptist Church, in the county of Elbert.
Also, a bill to provide for a County Board of Commissioners for the county of Stewart, and for other purposes.
Also, a bill to incorporate the Harper Sewing Machine Company, of Atlanta.
Also, a bill to repeal so much of the Act of incorporation of the town of Louisville, in the county of Jefferson, as gives to the chairman and Commissioners the right to sell the commons belonging to said town, and for other purposes.
Also, a bill to exempt from road duty certain persons in this State.
Also, a bill to exempt from taxation, by county and municipal authority, certain professions.
Also, a bill to relieve J. M. Livingston and Mathew Tucker from all liability incurred by them by the forfeiture, in Colquit Superior Court, of the appearance bond of J. A. and \V. H. Carmichael, upon which they were securities.
Also, a bill to prescribe the fees of the County Treasurer of the county of Twiggs ; to fix the time when this Act shall go into effect, and for other purposes.
Also, a bill to amend an Act entitled an Act to organize a Board of County Commissioners for the county of Twiggs, approved March 2, 1875
Also, a bill to amend an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and \Vashington, approved February
30

466

JouRNAL OF THE HousE

20, 1873, so as to apply the provisions of the same to the county of Liberty.
Also, a bill to amend the garnishment laws of this State. Also, a bill to repeal so much of the present school law as requires the county school fund to be apportioned among the sub-districts. Also, a bill to authorize the Ordinary or Board of Commissioners of Stewart county to hire out prisoners confined in the jail of said county, and for other purposes. Also, a bill to amend section I 540 of the Code of Georgia. Also, a bill to amend the limitation laws of this State relating to liens. Also, a bill to repeal an Act to fix the official bonds of certain county officers of the counties of Monroe, Camden, Houston and \Vare, so far as relates to Camden. Also, a bill to amend the Constitution of this State.
Also, a bill to change the time required for the service of subpa:nas duces tecum, as prescribed in section 3514 of the Code of 1873
On motion of Mr. Speer, the rules were suspended, and the following bill was introduced and read the first time, to-wit:
By Mr. SpeerA bill to prohibit the sale of intoxicating liquors within one mile of Swing Side Station, in Spalding county.
Mr. Bacon, of Bibb, introduced the following resolution, to-wit :
WHEREAS, It has been charged on the floor of the United States Senate, and by a portion of the public press of the Northern States, that it is the design of the Legislature of Georgia to abrogate or abridge the privileges or rights now enjoyed equally by all citizens of this State,. under the Constitution of the United States; therefore, be it
Resolved, As the sense of this General Assembly, that

FEBRC:ARY rs, I876.

461"

the equal political rights of all citizens of this State, re- gardless of race or previous condition, are permanentl)ifixed and secured by the Constitution of the United States. which is recognized by this body as the supreme law of the land, and that no abridgment of or interference with these rights is proposed, or contemplated, or desired, in any action of this General Assembly, or by the people
whom we represent, and that any and all legislation in
contravention thereof, either by the Legislature or by a Convention of the people, would be null and void.
Resoh.,ed further, That the political relations of all classes in this State have been harmoniously adjusted upon the basis of the present provisions of the Constitution of the United States; that peace and good feeling between the races prevail throughout the State, and that it is neither the desire nor the interest of the people of this State to reopen these questions, which have been thus permanently settled beyond the power of agitation to disturb.
On motion of l\fr. Bacon, of Bibb, the rules were suspended, and the resolution taken up, read the second time and agreed to.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
.Mr. Speaker: The Committee on Enrollment report as duly enrolled,
signed by the Speaker of the House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following bills, to-wit:
A bill to amend an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, r87;.
Also, a bill to prohibit the sale of intoxicating liquors . within the corporate limits of the town of Morgan, in Calhoun county.
Also, a bill to amend an Act entitled an Act to form a

468

JOURNAL OF THE HOUSE

Board of Commissioners of Roads and Revenues for the

county of Appling, approved March 5, 1875

Also, a bill to prohibit emigrant agents from plying their

vocation in this State without first obtaining a license

therefor, and for other purposes.

Also, a bill to prevent the killing of game in the county

<>f Morgan between the 15th of March and the 1st of

October, in each and every year, and for other purposes.

Also, a bill to prohibit the sale of intoxicating liquors

within three miles in any direction of Bluffton, in the

.county of Clay.

Also, a bill to regulate and define the pay of grand and

petit jurors for the county of Chattahoochee.

Also, a bill to prohibit the sale of intoxicating drinks of

any kind whatever within two miles of Sardis Baptist

Church, in Cobb county.

Also, a bill to regulilte the sale of intoxicating liquors in

the county of Miller.

Also, a bill to prevent fishing in the waters of \Vilkes

county with seines, traps and gill nets, or otherwise, except

as hereinafter provided.

Also, a bill to declare Yellow river, in Newton and

Rockdale counties, a lawful fence, and for other purposes.

.....

Also, a bill to change the line defining the corporate limits of the city of Newnan, in the county of Coweta.

Also, a bill authorizing and requiring the School Com-

missioners for the town district of the town of Thomaston,

and the County Board of Education of Upson county, to

make conveyance of Academy lots to the Trustees of

Thomaston High School, and to pay the pro rata of the

puplic school fund to the account of its teachers.

Also, a bill to confer additional powers upon the Tax

Collector of Sumter county, and to make said Tax Collec-

tor ex-officio Sheriff in certain cases.

Also, a bill to change the line between the counties of

Newton and Jasper, and for other purposes.

FEBRUARY 15, r8;6.

469-

Also, a bill to change the line between the counties of Taliaferro and Greene.
Also, a bill for the relief of Thomas Hollis, David Dyer and Lester Markham, sureties on the bond of Allen Williams, of the county of Morgan.
Also, a bill to regulate the pay of grand and traverse jurors and Bailiffs in the county of Bartow.
Also, a bill to change the line between the counties of Laurens and Johnson, and the line between the counties of Randolph and Terrell.
Also, a bill to create a Supervisor of Roads for the county of Columbia.
Also, a bill to amend an Act entitled an Act to establish a County Court in Coweta county, approved March 2.
1874 Also, a bill to authorize the Sheriffs of this State, or
their deputies, to levy and collect tax fl. fas. of any
amount, and for other purposes. Also, a bill to establish a Board of Commissioners for
the county of Talbot, and to define the powers and duties thereof.
The following report was made by Mr. Speer, their chairman, from the Committee on Education, to-wit:
Mr. Speaker: The committee to whom was referred the bill to be t;..
entitled an Act to require the Treasurers of Effingham, Clinch and Emanuel counties to receive and disburse the public school fund of said counties, to give additional bond for the same, and to limit the pay of County School Commissioners of said counties, have directed me to report the bill back to the House, and report in favor of the passage: of the same.
The next order of business being the reading of Senate bills the second time, the following Senate bills were read the second time and referred to the Committee on Finance,. to-wit:

470

JouRNAL OF THE HousE

A bill to repeal all local laws or ordinances inconsistent with section I 563 of the Code, and for other purposes.
Also, a bill to amend the laws of this State for the pro_tection of the State treasury, and for other purposes.
Also, a bill to regulate the laws of insurance in this State.
The following Senate bills were read the second time, "eferred to the Committee on the Judiciary, to-wit :
A bill to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for other purposes.
Also, a bill to transfer the county of Twiggs from the Macon Circuit to the Oconee Circuit, and to fix the time of holding the Superior Court in said county, and for other purposes.
Also, a bill to provide a jury in Justices' Courts for the trial of cases of forcible entry and detainer, or forcible detainer.
Also, a bill to provide for the returns of administrators, -executors, guardians and trustees removed from office by the proceedings of any proper court in this State.
Also, a bill to incorporate the Pigeon Roost Gold l\Iining Company.
Also, a bill to protect and preserve unimpaired the right of trial by jury.
The follo\ving private bills were read the second time, and referred to the Committee on Corporations, to-wit:
A bill to incorporate the St. Mary's Air Line Railroad Company.
Also, a biil to facilitate senice on railroad companies in .certain cases.
Also, the following bill, which was referred to the Committee on New Counties and County Lines, to-wit:
A bill to change the county line between the counties of Clinch and vVare.
Also, the follo\ving bill, which was referred to the Committee on Education, to-wit:
A bill to authorize County School Commissioners and

FEBRUARY I6, I8J6.

471

members of County Boards to administer oaths, in certain cases.
Also, the following bill, which was ordered to be engrossed, to-wit :
A bill to authorize the Ordinary of Troup county, to have and take jurisdiction of the execution of the last will and testament ofJoseph L. Banning, deceased, late of Meriwether county, and for other purposes.
On motion of Mr. Brown, the House then adjourned .until 9:30 o'clock a. m., to-morrow.

ATLA:-.ITA, GEORGIA,

}

Ft:bmary I 6, I 876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The call of the roll was, on motion, dispensed with. The Journal of yesterday was read and approved. Mr. Allred moved to reconsider so much of the action -of the House as relates to its action on the following bill, to-wit: A bill to amend an Act to loan the credit of the State to the Marietta, Canton & Ellijay Railroad, and for other purposes, approved October 24, 1874 After some time spent in the consideration of the matter, Mr. Black called for the previous question, which call was sustained. Mr. Lamkin called for the yeas and nays on the motion to reconsider, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Anderson, Adams, Allred,

Graham, of Dade, Rankin,

Holland,

Ridley,

Humber,

Shewmake,

47!

Jot:RNAL oF THE HousE

Bacon, of Liberty, Harral!,

Shellnut,

Barnwell,

Harrison,

Sharpe,

Brown,

Henderson,

Smith, of Dawson,

Blue,

Irwin,

Smith, of Lowndes,

Battle,

Jamison,

Sapp,

Beall,

Jones, of Burke, Skelton,

Binion,

Jones, of Crawford,Stewart,

Bowen,

Jones, of Rabun,

of Rockdale,.

Carter, of Appling, Lindley,

Stewart,

Craig, ofWhite, Little,

of Sumter,.

Carleton, of Clarke, Livingston,

Terrell,

Calhoun,

McKinley,

Turnbull,

of Montgomery, Mathews,

Tumlin,

Cobb,

Maxwell,

Warren,

Candler,

McGill,

\Vilson, of Oconee,

Clements, of Irwin, Meadows,

\Vilcox,

Clements,

Miller, of Marion, \Vinningham,

of \Vhitfield, Neal,

Wesselowsky,

Christian,

Nelms,

Wimberly,

Duggar,

Norman,

Willis, of Greene,.

Dyer,

Padgett,

Willis, of Macon,.

Duke,

Peeples,

Wofford,

Eakes,

Potts,

Williams,

Elkins,

Parker,

\Valsh,

Furlow,

Phinazee,

Worthen.

Fain,

Patton,

Those voting in the negative are-Messrs.

Atkinson, Anthony, Alderman, Baker, Bacon, of Bibb, Binns, Black, Bennett,

Fannin,

Marshall,

Fort,

Pierce,

George,

Patman,

Graham, of Dooly, Peden,

Hamilton,

Pitman,

of Clinch, Revill,

Hamilton,

Saunders,

of Floyd, Stallings,

Carter, of Walton, Hoge,

Smith, of Webster,.

FEBRUARY 16, 1876.

473

Cassidy,

Hutchenson,

Simmons,

Carleton, of Greene, Hutchins,

Scott,

Crymes,

Hammond,

Spinks,

Calhoun,ofFulton, Hall,

Searcy,

Culver,

Kennedy,

Speer,

Clements,

of Bulloch, Sharman,

of \Nalker, King,

Turner, of Brooks,.

Chappell,

Kilpatrick,

Turner, of Floyd,

Crawford,

Lang,

Thomas,

Clarke,

La\\'ton,

Tootle,

Colley,

Lamkin,

\Vilson, of Fulton~

DeLoach,

Leach,

Whittle,

Duncan,

Lane,

\Vilcoxon,

Duggan,

Leverett,

Wilcher,

Davis,

Mattox,

\Vare,

Fredrick,

:\1oss,

Wynn,

Ficklan,

Miller, of \Vare, \Varner.

Yeas, 82. Nays, 74

So the motion to reconsider prevailed.

Mr. Warren, of Chatham, chairman of the Finance Committee, submitted the following report, to-wit:
.Air. Speaker: The Committee on Finance have had under their con-
sideration the following bills, which they recommend do pass, to-wit :
A bill to amend the tax laws of this State relating torailroads, so far as the same apply to the Brunswick & Albany Railroad.
Also, a bill to repeal an Act to reduce the official bond of the Sheriff of Heard county, and to increase the bonds of the Ordinary and Sheriff of Dougherty county, approved August 19, 1872, so far as the same applies to the Sheriff of Dougherty county.
Also, a bill to amend an Act to regulate the sale of spirituous, vinous and malt liquors in certain counties.
Also, a bill to require the Mayor of the city of Au-

474

JOURNAL OF THE HOUSE

gusta to discharge the duties of the Recorder of said city, and to limit the salary of said Mayor.
Also, a bill to amend an Act to organize a Criminal Court in certain counties of this State, approved March 2, 1874, and to extend said jurisdiction to the Justices of the Peace and Notaries Publico the several militia districts of Meriwether county.
Also, a bill to authorize the Trustees of Salacoa Academy, Gordon county, to sell the same, and for other purposes.
Also, a bill to relieve the obligors on a penal bond for the appearance of \Valdemar Moody at the Superior Court of Greene county.
Also, a bill to make and constitute the Sheriff of the county of Cobb ex-officio Tax Collector, and for other purposes.
Also, a bill to amend the charter of the Vernon Shell Road Company, and for other purposes.
Also, a bill for the relief of the heirs of John Caldwell, deceased.
They have also had under consideration the following resolution, which they recommend do pass, to-wit:
A resolution in regard to fi. (as. held by the State against parties for frauds against the \Vestern & Atlantic Railroad, which the Attorney General is authorized to compromise on the best terms he may deem proper for the interests of the State.
They have also had under consideration the following bills, which they recommend do pass as amended, to-wit :
A bill to appropriate money for the use and improvement of the State Lunatic Asylum.
Also, a bill to appropriate money to Solomon F. Williams, of Carroll county.
They have also had under consideration the following bills, which they recommend do not pass, to-wit :
A bill for the relief of William Buice, of Milton county.

FEBRUARY 16, 1876.

4i5

Also, a bill to better regulate the receiving of tax re-

turns in this State.

.

Also, a bill to amend an Act incorporating the city of

Cartersville, in Georgia.

Also, a bill to authorize M. B. Elrod, a deformed man, a citizen of Jackson county, to peddle without license.

Also, a bill for the relief of J. Boorman Johnston & Co., and for other purposes.

Also, a bill to relieve the Building and Loan Associations in this State from liability to certain taxes for the year

1875 Also, a bill to exempt from taxation to each head of a
family in this State personal property to the amount of. one

hundred dollars. Also, a bill to fix and regulate the compensation of Or-
dinaries of this State for receiving, filing, recording and making returns of marriages, births and deaths.
Also, a bill to authorize the Mayor and Aldermen of the city of Cartersville, Bartow county, to assess, levy and collect a tax upon all circus companies and other similar

exhibitions in the corporate limits of Cartersville.

The committee have also had under consideration the following bill, which they report back to the House without recommendation, to-wit:
A bill for the relief of the heirs of Mordecai Sheftall.

They have also had under their consideration the following bill, which they recommend do pass by substitute, to-wit:
A bill for the purchase of books, etc., for the county of Oconee.

They have also had under consideration a resolution, for which they report a general bill, with the recommendation that the same do pass, to-wit:

A bill to reduce the commissions of County Treasurers.

Mr. \Varren, chairman of the Committee on Finance,

476

JOURNAL OF THE HOUSE

introduced the following bill, which was read the first time, to-wit:
By Mr. Warren, chairmanA bill to regulate the fees of the County Treasurers of this State.
On motion of Mr. Adams, two hundred copies of the bill were ordered printed for the use of the House.
On motion of Mr. Graham, of Dade, the reports of committees were ordered spread upon the Journals without being read. from this date.
:'vir. Jones, chairman of the Committee on Agriculture, submitted the following report, to-wit:
.J.llr. Speaker: The Committee on Agriculture have had under consid-
eration the following bills, and beg leave to make the following report, to-wit:
A bill to be entitled an Act to prevent the sale of farm products between sunset and sunrise, and for other purposes therein named.
Also, a bill to be entitled an Act to protect the ownes of land in the counties of Lincoln and McDuffie.
Also, a bill to establish market overt in certain cases on request of the grand juries; which bills the committee return without recommendation.
Also, a bill to be entitled an Act to prevent persons from fishing under certain circumstances in Lake Douglas, Decatur county.
Also, Senate bill to be entitled an Act to prevent unlawful traffic in farm products in this State, and to prescribe a penalty for the same; both of which bills the committee recommend do pass.
Mr. McGill, chairman of the Committee on Internal Improvements, submitted the following report, to-wit:
klr. Speaker:
The Committee on Internal Improvements have had

FEBRUARY 16, 1876.

477

under consideration the following bills, which they report back, with the recommendation that they do pass, to-wit :
A bill entitled an Act to authorize the Governor to farm and lease out convicts of the Penitentiary to the Gainesville, Blairsville & Northwestern Railroad Company, and for other purposes.
Also, by substitute, a bill entitled an Act to prescribe the mode and terms of sale of the property of the North & South Railroad Company of Georgia.
The committee have also had under consideration the following bill, which they report back, with the recommendation that it do not pass, to-wit :
A bill entitled an Act to provide Road Commissioners for the several counties in this State, to prescribe their duties, and for other purposes.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
.Mr. Speaker :
The Committee on Enrollment report as duly enrolled and ready for the signature of the Speaker of the House of Representatives, the following bills, to-wit:
A bill to repeal an Act entitled an Act to regulate the letting out of contracts to the lowest bidder by county authorities, and for other purposes therein named, approved February 24, 1875, so far as the same applies to the counties of Clarke, Oconee and Harris.
Also, a bill to amend an Act, approved August 23, 1872, entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, Greene, and other counties therein named, so as to include in said Act the counties of Butts, Putnam, \Vashington, Polk, Terrell, Jefferson and \\'arren.
Also, a bill to require the Ordinaries, County Treasurers, Clerks of the Superior Court and Sheriffs, to make returns to the grand juries of their respective counties, as herein provided.

478

JoLTR~AL OF THE HousE

Mr. Peeples, chairman of the Committee on Public Printing, submitted the following report, to-wit:
Mr. Speaker: The Committee on Public Printing have had under con-
sideration the following bill, which they direct me to report back, with the recommendation that it do not pass, to-wit:
A bill to be entitled an Act to provide for the printing of the Department of Agriculture for the State of Georgia.
Mr. Shewmake, chairman of the Committee on Public Property, submitted the following report, to-wit:
Air. Speaker:
THE STATE HOUSE 1::-. ATLAXTA.
The apparent indication of insecurity which for years have caused apprehension in regard to the safety of the capitol, have not perceptibly increased during the last twelve months. \Ve are impressed with the belief that no fundamental defects exist in this structure, and that the fears which have been entertained in reference thereto were ex_ cited by the yielding of those parts that bear no reia tion to the question of safety and reliability of the building. In its adaptation to the present uses, many changes were indispensable, requiring the alteration of original interior walls and many additional. The settling down of these, has frequently disturbed the plastering, causing it to crack open or fall off. These effects have been attributed to the giving way of the main walls, when, in fact, no such result is discoverable since the purchase of the house by the State. We find that the roof is in need of immediate repairs, and recommend that the proper officer give early attention to this subject, having the work executed of the best roofing slate obtainable. A building of such proportions, and apartments, requires constant and vigilant attention to keepit in good order. This work should be continued under the supervision of a discreet, watchful and faithful officer, who will give it daily attention, and observe economy in his expenditures.

FEBRUARY I6, I8J6.

479'

EXECUTIVE MA~SION.
The Executive mansion is at present in good condition, requiring only those repairs, from time to time, that are naturally incident to such a structure. We, therefore, suggest that this be also committed to the discretion of the officer in charge.
REMAINING PUBLIC BUILDINGS IN ATLANTA.
The frame cottage, in the rear of the Executive mansion, which was conveyed to the State by Mr. James, together with the outhouses attached, constitute the only remaining public buildings of the State in Atlanta, since the sale of the Blodgett residence, on Marietta street.
OLD CAPITOL AT MILLEDGEVILLE.
The old capitol at Milledgeville, whid1 is in the immediate custody of the Ordinary of Baldwin county, is being used as a court house and for the several county officersSome of the apartments are occupied by benevolent societies, and others by families who constitute protection to the property at night. The repairs needed on this building are only such as are necessary by the ordinary influence of time.
THE OLD EXECUTIVE MANSION.
The old Executive mansion is occupied by C. P. Crawford, Esq., who is charged with the duty of its protection. What has been said in regard to the condition of the old capitol, also applies to this building.
PENITE:\'TIARY BUILDINGS.
The Penitentiary buildings proper, as well as those formerly occupied by the officers of that institution, are becoming dilapidated by reason of non-use. It would be well' to have them carefully examined, and such repairs made as may appear necessary to preserve them against materiaf injury, which repairs are to be done by the lessee.
ARSENAL AT SAVANNAH.
We recommend that the Arsenal at Savannah be sub-

480

JouB.NAL OF THE HousE

jected, at an early period, to a thorough examhation, and that it be put in complete repair.
As to the 366,720 acres of land, commonly called or known as the V, lying and being in the State of Georgia, between the old survey of the counties of Appling and Wayne, supposed as lot never to have bee11 surveyed or disposed of by the State of Georgia, your committee make no further recommendation as to said land, more than that the Governor be requested to use such means as he may deem best for the State to ascertain the facts as to the location and survey of said land, and to report his action in the premises to the meeting of the next General Assembly.
THE ASYLL'M, ETC.
The buildings of the several Asylums of the State, and those of the University of Georgia, are under the care and management of their respective Boards of Trustees and other officers, while those of the \Vestern & Atlantic Railroad are by law phceJ in the custody and control of its lessees.
Your committee make no recommendation for the disposal of any of the public property at present, nor for any special appropriation for its care or repeairs, believing the amount provided by the general appropriation bill sufficient for said purposes.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof, to-wit:
.llfr. Speaker: The Senate has passed the following bills, to-wit: A bill to establish and incorporate a Dental College m
the city of Atlanta. Also, a bill to authorize the County Treasurer of \Vash-
ington county to pay the wife of Haywood Brookers, Or_ dinary, for extra services.
Also, a bill to reduce the Sheriff's bond of Calhoun county to five thousand dollars.

FEBRUARY 16, 18;6.

481

Also, a bill to amend paragraph five of section 267 of the Code of 1873.
Also, a bill to amend an Act to prohibit the sale of spirituous liquors in the village of Villa Rica.
Also, a bill to amend an Act to create a County Court for the county of Clay.
Also, a bill to amend an Act to create a Board of Comsioners for the county of Lumpkin.
Also, a bill to alter and amend section 3961 of the Revised Code.
Also, a bill to organize a Criminal Court for the county of Polk.
Also, a bill to change the age of admission of deaf anu .dumb children to the privileges of the Georgia Institute for the Deaf and Dumb.
Also, a bill to change the line between Imin and \Viicox counties.
Also, a bill to change the line between the counties of Clay and Calhoun.
Also, a bill to change the line between the counties of Calhoun and Clay.
Also, a bill to repeal section 5th of the charter of Van \Vert.
Also, a bill to incorporate the Atlanta City Brewing Company.
Also, a bill to amend an Act to protect the planters of -oyster beds, and for other purposes.
Also, a bill to repeal section 11th of an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade, Polk and other counties, and to substitute another in lieu thereof.
Also, a bill to authorize Sheriffs of adjoining counties, in any Judicial Circuits, to make levies and sales where the Sheriff or deputy, or their securities, arc defendants, and fo0r other purpose~.
31

48

=- A.~, ra- ~iH tO, arn~n.drs~ctions -?8~.8-ftl'l~ 1~~<;1 ~f.r;tl,w AAde

of 1873.

.~~~' L ~::,~:) -:,c';

.: ..t\:lso, ~a'bilJ;~<c-r~t~ ;a J~~rcJ vf;G~m!Pi'Ss~'OI;l_t:!f;S ,fu~ lt;he

county of \V,ashJllgt:o.N ;-. " ~ .., ~-': ,,, .- ..-:, _-._;-,,:

' : Th~ Senat'el has~pas:;edc tl1e .tfcrlh:rwtng :bilB bf.Jthe id'd'use

of Representatives, with amendmen..tsUtRer~ta, in :Whrofi

theyJask the c0ntul'rence c.lf:; tlie House of R:epr~sen.tatives,

to-wit:

. ,: , .. I j,. ._; ~ :;. -;::: ', i

: A.biH to Ich..<()'lgrc the line betvJeen ~the .tbimtie-s ,of' Ap-

pling and \Vayne.

.<-:. J L .

Alsp,~ a;bi!l to aniftntl an AoUo reate a CoilJiltyr.C~!lrt

for the county of Thomas.

; ,

Also, a biV ~o prqhrpit the sale, barter., excpang~t. or
9~1er disposition, fqr valt~ahlt;:. consid~ration, qf spit:i!:uous.
liquors within certain limits in the county of fulton. [ . . -

Also, <l. bill to prohibit, persons from. hut)ting 9r fisl}ing on. the enclosed lands of another, and for other. purp9~es,

The Senate h_as passed the foll~)\\'ing bill~ of :the Hquse

of Representatives, to-wit':

.



. A bill to am~nd the charter of the town pf Sw_ainsboro, in Emanuel county, and for other purposes. . ' ' . ,

Also, a bill to regulate the pay of jurors, 'and proyide for 'the extra compensation of officers; in the to~n~y of

Effingham.

Also, a bilf to fix the amount to be paid :for ficensr t_9

sell spirituous liquors in the county of Emanuel; arid fot

OtherpurposeS:

4

~ :.

,-- ,

'

F (.'"_-~ !.

Also, a bill to amend the; charter hfi the city :of, MH-
Ledgeville, sp. far: as regards, .t~: .ekctioa and 'r~Il)QVa1 of
City Marshal; andJoauthorize a dty,chain ,gang. , . : : ,Also-, fl. bill to provide for .a colJnty Boatrd. of 'comro.fs;.
sioners for the county of Tattnall, and to prescribe and de~
fine. the pov.~ers and dutie.s ther..eof..... . , . , , t . .A~so, ~ btil to ~end an A~t to , prohibit l ~he :bu~iM".
selling, delivering .or (eceiving of .an.y. fann, pro~ucts-tth~re in specified, between the hours of sunset ;,u1d s1.\nri~,~in

the: countj~s qf -Lin,coln,- B!<;JOk~, '!:nd. ot:he~ .countjes-the_re-
iun;uued, approved 4-ugQst -23, ~ 13.;2, so ~s ~o .apply.th~
same to the county of Morgan. , _ . __ - - . - :- ~--' A:J.so, a bill- t.o amend an .f.-ct-.~ ~menq- alllre4?~--ipto

<:>ne {he ~e.:Vcpl. J\.cts.: ;mel amendmcnt_s ;_ t~cr~to, :iu~o!po~~ tinK t.l!e _villag~ of-. Cav<: Spr.~ng, ~~the cou~ty of: F\Pydr _,_
Also, a bill to amend an Act to organize a,Co11:11ty_ ~ou.-t
for :the cq~ty of Mat:_ion ; to:d~fin~ i.ts jurA~di~tion, :a~d for

other. purposes, approvcd--1farch 2r 1875.
Also, .a bill to repeal ~n Act t? reg~l~te the sale o~ ~pirit~

uous, vinous, and malt liquors, in the counties of Flo_)4d,.

Dade, Polk, Cha1:tooga, and other .counties, . approved February 26, 1875, so far. as the s;me rdat~s to th~ -~ity

of Cartersville, jn Bartow county. _ _ .

.

' Also, a bill to<l;met1d sectim~ 279bf the Cqd~, by striking

from the exception contained in the first paragraph t).ler~qf

the county of Bulloch, and to declare secti.ori- 279,- as
amended, to 317 inclusive) of said Code, .referrit1g toCo~n
ty Courts, applicable" and of force-in. the Coun-ty of Bul16ch.
Also, a bill to repeal a~ Act conso1idating the offices of Sh~riff i1~d Tax Coll~ctor, also the Clerk 6Hhe Superior

- Court and Tax R.ecci\er for the countv of Baker. Also; a bill for tne pwtection of- farmers of Charlton

county.

Also, a bill to consolidate the' eOffices of Tax GoHector
and CourityTreasurerof the :county of Fannin.

Also, a bill to amend an Act to cieate a County Court

for Ca~pbell county:

~

- . - -:

Also, a bill to prescribe tlie in-ocl~- of granting li-cense to

sell intoXicating 1icj uors in-- tl1e cotlntiesof. Broo'ks afid Tau-

naiL

..

,.

,

Also, a bill to repeal an Act to: ch<fnge H1e'lifiebeh\een
a; the c:O~nties of Chat.tahoocnee and Sfew~rt, as Tar the

same affects the residence of William V. CoUier and K D:

Sigemci-re: '

.

' ~

. Afs6, ~ bin t~ ci-eite; aBoard of Corinnissi6iletg of ~Roads

and Revenues for the county of \Vayne.

. ~ -.,-, ~

484

JouRNAL OF THE HousE

Also, a bill to consolidate the offices of Treasurer and Clerk of the Superior Court of the county of Webster, and for other purposes.

The Senate has receded from its amendments to the bill of the House of Representatives, to levy a tax for the

support of the government for the year of 1876, and for other purposes.
The Senate has passed the following bill of the House of

Representatives, with an amendment thereto, in which they ask the concurrence of the House of Representatives, to-

wit: A bill to organize a Criminal Court for the county of

Burke.

The following message was received from his Excellency the Governor, through Mr. \Varren, his Secretary, to-wit:

.fofr. Speaker:

I am directed by his Excellency the Governor, to deliver to the House of Representatives a communication in

writing, with the accompanying document. The House proceeded with the consideration of the fol-

lowing bill as the first special order of the day, to-wit:



A bill to encourage the propagation of fish in the waters

of this State, and for other purposes.

The Committee on Agriculture, to whom this bill had

been referred, reported the bill back, with the recommen-

dation that it do pass as amended. The House went into Committee of the \\'hole for the

further consideration of the bill. Mr. Speer, chairman of the Committee of the \Vhole,

reported the bill back to the House, with the recommen-

dation that it do pass as amended.



The report of the committee was agreed to, and the bill,

as amended, passed. The hour of adjournment having arrived, the Speaker

declared the House adjourned until 3 o'clock this after-

noon.

FEBRUARY 17, 1876.

48&

AFTERNOON SESSION.
3 O'CLOCK P. M.
The House re-assembled.
The call of the roll was, on motion, dispensed with. The following bill being the next special order of the day, the House proceeded 'vith the consideration of the same, to-wit : A bill to repeal sections 1254, 1255, 1256, 1257, 1258, 1259, 126o, 1261, 1262, 1263, 1264, 1265 of the Code of Georgia, and to repeal so much of the other portion of said Act of August 23, 1872, in reference to public schools, as are inconsistent with the provisions of this Act, and for other purposes.
The House went into Committee of the \\'hole for the further consideration of the bill.
1\Ir. Peeples, chairman of the Committee of the \Vhole, reported the bill back to the House, with a report of progress, and asked leaye to sit again.
On motion of Mr. Jones, of Crav.ford, the House th~ adjourned until 9:30 a. m., to-morrow.

ATLANTA, G.EORGIA, }
February I 7, I 876.
The House met pursuant to adjournment, was called toorder by the Speaker, and opened with prayer by Rev. John Jones, the Chaplain.
The roll call was, on motion, disp~nsed with. The Journal of yesterday was read and approved. Mr. Fort, chairman of the Committee on New Cou11ties and County Lines, submitted the following report, to-:wit :
.Mr. Sj ealfer: The Committee on New Counties and County Lines

have had under consideration -the foHo\\:ing bilis, which

they recommend do pass, to-\\it:

A bill to be entitled an Act to change the line between

the counties of Randolph and Terrell.
Also, a bill to h.~- entitled an Act to change the co~111ty

tine bet\\een the cotmties of Clinch and \Vare.

1-\lso, a bi11 to be entitled an Act to change tl1e line be-

t\Yeen the counties of Coffee and \\'are.

Also,- tf1e follb"in'g bill,. \d1ich they recomn1enD do pass

as amended; to-\\-it-:

-

-

; A bill to be entitled an Act to change- th;e county liJie between the counties of Houston and l\Iacon.

The committee have also had under consideration the

following bills, which they recommei1d do not pass, to-wit:

- J\ bill to be entitled an Act to ch~ngc t11~ 'line bchd~e:)

the counties of Carroli and Hearci. - .

~

~

<



_.t\bo, a bil! ei1titled an Act to change the line betm.:e1~

the counties of Henry and Clayton, so as to. attach all of the SSSth pistrict Ge?rgia:\Jilitia, of.thc: ~o.unty of Henry,

to the co1.mt:- of Claytor\.



. -

.:\!so, a bili to be entitled ari .:\ct to change the line be: t\\-cen the counties of Jackson and Hall.

Also, a bili entitled an.:\ct to lay out and organize a

new county fri,)m Jhe. c_O_unty of Decatur; to attach the
same to a J iWicjal, Congressional and Senatorial District,

a:1d fqr other purposes therein specified. _

,{\!so,_; a_?ill e~ntitkcJ a1i Act. t~ l;w 9f.f.and:;oi:g<~niz~ ;~new

.county' from 'the county of Decatqr.

_. ..

The follo\1ing report was rcceiv\xl ,from; the C01:nmittec

on Education, through :\Ir. Speer, their chairman~ to:\~it:

-

-



_...



._- >



llfr. Spca/.:rr..~ - - - .

-

''

.-



~ 1Jic. bill i~IS?rrcd to the (pri1mittee on Edli.cati~Jri, to. b~
ent~tled ari Act 'to authorize County School CommissiOI1er~

and members of County Boards of Education 'to admii1iS.tet'ooths in certairi cases, has bee:n cons-iderecr by :th~m,

at1>d i 'the_9 r i\av-e-- i11sthtttt~d:: 1rl'e-l{o :Jfept>tfT t~ ii Mrrle-l toi ithe House;; tecemimen'>clmg rt's'~?s<fg~., .:: rir r:; :,~ -!l r;: r:~u -_>1 r J

Mr. ] ones, of Burke, chairman of the Cvm-li-*e:\&ia

Agricu!OOr.cr J:iqlim:ift~..e, di the'~Ho~'tag ,r;qo.r.t'i t<>f:wie ~dT

Mi; ; BpeaJ,~-"t!J 1 : 'i r- j.r ~ i 'J ; r f=. r: \ J ~, r_,~ G : ~ 1 J i _fi: \.:-r~ 1 (1 1 fi id .l.

The C0Cihl~i'llt:ceLon Aghchltttt~) h'ave .tiadl l~itler : eon~iti;
er~iba ':the_,fulloWidg hills~- alidi aBk Lieaver. to ifiJ.k'e ,thi:Hol-
l&~im~ ' rep:or,t; ~t.():..\,::itf1 b :i :ur;1 c::~ i;;~ (T.- r c- 1 i::.J G ,;_. / / .
: ;,At(bi!lC:fu !be,~ en:tii rJe& rc"N)l rA:ct' t~ l-mondiJ!f!iif-.t-t t cntill!led a11
A(jt ttb ~:aIilrend! ;sectioh) 44411: N1 th:e;r;C,ode.:'M:i(;.'eorgiaVappt-o.ved<Febilu-ar,y::-24; l187'5 i; fo b:\ihicliJthe oomrrtitte~ -offC-t
a:~sub!'lti11ut~, ~ wi!ttl. itihi9r~i:6,l:iinendat1oni t!hat -it' fd() ptiss~r ,[tf '
-r:41S'o;.J :vbiU:itO(b~ ' : ce~1 titl ed :~ah S ~et!ctb1 pre!fd1r. pefs'ons fl!di'U)ftshiirl"gJ ~nest huntlhg" on1the. premis'es :oh~theh;,;(rl! :-: the

county of Macon ; which bill th e committee reco.tnmei1d d<9\:p'"<i.Ss.1 - ~ :: ! ;;~c~~:;L-"': ~ J c ; :.,.;r Jy:,: 1 ~-\ f . ~; . r::t cd ~~ : :f G lo ;:J / .

Also, a bill to be e ntitl ed ~afii " A-tn:6.' ilcg:Jii'lfo':; the:.ihtffiq

in cseUI ~co'tfoh i 'ilhd::lfoF' 'othtlr .pi.trpt;S:es<th~r.ein.11al'i'l~<i 'ff

Mr. Furlow, of 1Sumter, chCJ.irrhiih":df tPt'e;-t6mrrritte<ii dR

1Pt~Pen-W~ntili.~y; r:slibhri~t~cl' 1'11e1fbli6\\rtHg!1'dpoh; :.t6L~~it~

ff- Jlir.

S'lf"e

r.
aA:e

r

:

_,,',-,o j r: :!:JD ) ~IF- i <:t no::;r, ,{:

'2 -~, )-1 . 'J -~~ ;: :j ,.., ..: /" ) :~- )_ c,r 'J r., .,, .. ~ ~ 2 ' ,r . ~'' ' \~

J. 'Jne Comiriit'fee.z;li 'th e "Pei1ifcntifi6?' lia\i( hia 't:II1c1ei' ', 1e ir

tU) ,2t6rirt-lii~~rt&i~ 'that'~iCW:r6ttn1'tr<irTireti' tjdi<hi-1t1i6S~tfil;'f'T,\J~3l!"'~' ?b, if~if?

ZVi{f~ H "
:>Jr;:;;-;-: :

1
r:'

'

'

(

1 rI;,;-.pF6j'lf'
l ) : r: , _;, :!;

_B--a<~J ~'J

A bill t<;> amenf-1 ~n Act tq, ;lutlwrjz<;:, the . Go_vcr;.'n!:o'"r{'' "to'
r;.,:or>rrl'lLi'o'l )r 1' >eP<'tse).--,oii.t;'_rJ h[ e)cmrWr; H.':tlsl oJ f IOtne1'1{:'P" 1'e'n'ilfle'Ym' ila!fr.i,;o_fpthe
S.tate 9f GeorgiaJ approve.d l\'Iarch 2, 1874, so jj';;f~~~1f:
tfioH2~' 1klTicWeJ~h8V'tb f~imc6lP<:i~~ 6M1 c~fi{!f(c{s 'bf \he
Ji~Hlt~n~Pa?yufJ1 tl?e{j if-1rRittl~si':W6hi-f' ri(;~i~&i~" ~;/I~fkha

~ -'1!-'"\1 _: ~_. , ..... ~-~ p: _:;,
Company, and for other purposes therem'rrkntiohed :' J

-o<-rf1~J f6Il~\~irfg Hle's'Saze'--\vif~: :r~2~i'0~2f(hS!h ~hi~ fi5<!~elllncy

the Governor, through Mr:')'\V~ril-~if~ Iif!/S{[CJj-lehlr)i;.r.f<!_\v1P

r: lf.tA''rr r:o~'Jnei"] :'-?-, :..r.'.-/ -: J'.r.r.,!:_)J :. J ''lL'...,, '<r".. f!" l~~:i.L._.Jr,.J.. t tu_1.'.1-r-r-r---c~ 'J.{ .,1..r. :...,

..J.Yl; 0} an;C .

.

. ., ~ - t



r

I am directed by ilk''i:i1ce~-~~rl() r{ieco$er~'{d~; i~'~@~~~

WtoW.rtih~e1f,:

.H\~'oaur1se~~,to8ffuE~.~enp~,ir:ensgen Mta2t~Jv!e~f-.na:t~.

comth ~;!if~tton:1'ii ~~:;:;j~;~~~~ ~";~~~ 1.,~-,

o r J , ., ~ ~ , , . . I ~ , , o i ._ I ., , -. _ 1

488

JoLJRXAL OF TIIE HocsE

The following message was received from the Senate

through Mr. Murphey, the Secretary thereof, to-wit:

.Jfr. Speaker:

The Senate has passed the following bills, to-wit:

A bill to prohibit the sale of spirituous liquors within

two miles of Rehoboth Church, in Elbert county.

Also, a bill to amend section 4166 of the Code of 1873.

Also, a bill to repeal so much of the Code, section 3d,

as requires publication of certain public laws of this State.

Also, a bill to regulate the trial of cases pending in the

Superior Courts of this State, and the Supreme Court, in

which the State is a party plaintiff in civil cases so pending.

Also, a bill to provide a certain remedy for certain per-

sons having liens on realty, under section 1979 of the Code

of 1873. Also, a bill to enable purchasers of railroads to form cor-

porations, and for other purposes.

The Senate has passed the following bill of the House

of Representatives, to-wit :

'

A hill to authorize the Mayor and Council of the city of

Macon to issue certain bonds.

The Senate has passed the following bill of the House

of Representatives, with an amendment thereto, in which they ask the concurrence of the House of Representatives~

to-wit:

A bill for the relief of William C. Peek, of the county

of Fulton.

The Senate has agreed to the following resolut.ion, in

which they ask the concurrence of the House of R~pre

sentatives, to-wit :

A resolution to authorize the Governor to effect tempo-

rary loans during the year 1876.

Mr. Hammond, chairman of the Committee on Hanks,

submitted the following report, to-wit :

Mr. Speaker:

The Committee on Banks have had under consideration

the following bills, to-wit :

FEBRUARY IJ, 1876.

48~

A bill to be entitled an Act to incorporate the Traders. and Planters Savings Bank of Rome, Georgia, or such place in Georgia as may be hereafter determined upon,. which they recommend do pass by substitute.
Also, a bill to be entitled an Act to incorporate the Merchants and Planters Bank of Griffin, which they recommend do pass as amended.
1\Ir. \\Tarren, of Chatham, chairman of the Committee on Finance, submitted the following report, to-wit:
JIIr. Speaker:
The Committee on Finance have had under their consideration the following bills, which they report back to the House, with the recommendation that the same do pass as amended, to-wit:
A bill to appropriate money for the relief A. A. Paul, John W. wilson and the representative of Robert Ladd.
Also, a bill to relieve J. W. Grubbs, S. J. Bell, A. G.
Inman and L. D. Mathews, securities on the bond of R. C. Wimberly, etc.
Also, a bill for the relief of T. S. Chester, Thomas Savage, and John Wilkinson.
They have also had under their consideration the following bills, which th~y recommend do pa~s by substitute, towit:
A bill for the relief of Thomas \V. Davis, late Tax Collector of Bryan county.
Also, a bill to provide compensation for military services rendered during recent di.sturbances in certain co~n ties named.
They have also had under their consideration the following bills, which they recommend do not pass, to-wit :
A bill for the relief of Jesse McAfee, of Johnson county. Also, a bill to compensate the Ordinaries of this State, ~nd for other purposes. They have also had under their consideration the follow-

;,n.i-blif, \,Jiich fhe.y iec'ommt!IM be'r~fertcd-'1:& the:J-udiC'i'ary
C-ommi'ttee,: to:,\-:it, > t _) ;' -" [ c _. . >: , : -.:; -l. ~ . ;

A bi~l - to regulatc -: tlfe ' 1ai"<df Tii9ura'i1Ce; ii'l-th~ Sta:teor

Georgia.

:.J -.; 1 : -1 '

" .- J '

- . Mr. Bacon; of- Bihb',- ;Chairman ~ of. ~b'e Colnmittee/ .on

Corporations, -:submitted the follo'wi!'1g report; l:o~ wit'

Jlfr. Sp eaker:

~- . : r : - - '. '

- T.he Comri1ittee on- Cbrp.O'rations h~\~e had unde'r. cohsidcration the fcillo\\hig1 bill~, wl~i-~h th t y hav~ rnstJ'Licfedi me

to report back to th e House, ,,ith the recommendation tflat

the: same; do pass; t ?-v..)t:

.J

; A bill. to b.e entittl ed:an Act to amend ;.ui, Act entitled ~an

-

'

0

AcLto amend an Ach~ntitlcd an . Act to alter; change and

amend an Act to incorporate the : town :of Decatur, in-th<:

comity .of .DeKalli, .aSs(tnteq to Decein!:>cr_!O, :I8:i3 / ap-

provcd ]\fuu:thi3 ,1] 8s6;: to extend . the corporafe limrts' .of

s! idt9',V l!, . ~nct_ c<?.l(er :a._ckj_i,tionp.l ~O}\~rs_ -pp~n tl1c,- Com]l)i,;-

si{)ners_. of- iS~~r to)'. lil;-: ;~PP.t:oved I;>e!=.e11_1b~r; I, .. I .~ /J, -: hr

striking out section 5th of said Act the \V9rds _: ' nqt';e x~

ce.e-?iJ;g}:~\fth\1!,1_cJ:q)al~~ ~ftyj doll~cs,_ ": _in:,1~ =ci; hth: _-ljne

of said 5th section, and inserting -in . lieu _. tl-1 creof the

.. ,,o.;?,.~ ,:l}?t.s~-c~~~~~~2~('on,e tb_ou~~i1cl
. :t~1~~;_;-~, ~i1 1? ~X~cn~1~~, an.l-~t

4~?o!.:la~rw~~.('_~' yJ- .:a1.n1, ~_~-~, ,

.

-
~~~

Act entitled an\.Act tb mcorporate t'he tom1 of Butler,". m

tJ}eco~~tx .~\ Til>:.}qr, -~pprov:~ .At~gust. ~7,_ ! 8,7;" a!lci, fo~

ofller pttq)oscs. - . . .

- .. '- .- . -. - . . : ~ J '- -

O

cA.tolsb.oe.,r ..<i\ s..b:.illI..StoJ.-'o,b..ea.me.ne1tii.tdleindg.-atnh.eA c'At~c..t,t

o.

~ei,~a i .i

f.

h

e

:'A
y.

:

d
.

pf )11corporation

-o o

r f

i:h~ -'t.ir~t i'~c1b}itcfii~i~ -ch\ir2h;,{ A~~{;std, ai11d t~f' 6t)1ef-

yu[fl~.~~\: b!ll"to-b~ endtf~tl A11J~ct to'sb :C1;~~1g~-tih~'~r~b-~:~

poratc - !i~iit's 6( tht 1:0\?n :'o'('Cb=tlr/:u\/ iA 'the co'i.tntY:, or

Pufaskr, 'as:t<:{ tJkecthci'etrJ.n1 :fraclibnll rnrts of :. lotsJn'ilm-

hers''"ht, 1 17:3 and f)S; ':h1 'the -:hst d-i:strtet :d(~ai<J co'liilty.

Also, ~ bill to incorpor~te_ the Tatkip_oiisa\ Mihi_ng t~m'-

pa-11 j;__:~

- ;. ' : .; , . . ::-' c. f. 1 -~- .' .:; ._. _.: 1 ~ :, --~- ~

491

Jfhe'comrt1ittee -have .also ' had under consider<itidrr' the

followin g bills, which th ey have in structed me to i-eport
back; with .c'erta!n -amebdm~nts; . -and hith tlie '.recomme1idation that the sime do pass with sa1d 'am ~ ndments, _to~wit.:

to ' ~ bill t~ be: entitled:-an Act i~co rl)o rate t f1e l~lu ~

Ridge Miqing
. :~ -

'co

i~P
.-

il.nr. ..

-

-
.





_'
.

_
-

.' -~

_Also, a bill to be entitl ed an f.. ct to p rohibit the _sa le of

spirituous, ma lt or oth er into xica tin g liqu o r.s ,\-ithin the

incorporati on o f the to wn of \Va rr_ento n, and : " ithii~ a

radius o f t\\'O mile_? of sai9 incorporati on, and pr? ' id e a

punishment for the same,

Also, a bill to am end a_IJ J-\ct to i1ico rporate th e to wn of
Ba rnesvill e, in the county o f l'ik e, and for other purp o~es , assent~ d to Fe_brl!ary 20, 1854.. and : to am ~nd an _ A c~ - t o con_fS!r additional powers 'up<?n ,~he co.rEorate authqriti es of
the co unty of !'ike, approved Dece mbe r I I . I Sii, and to
con_fer a~cl i! i o na.lp o wE rs upon t ~ e; co q~ora te auth oriti es_of

said _town . . . . .

- -.... -::-

: The .co mni iu ee 1i.a:vc a lso haci uriJer q )J1 slder;itio n a .'bill

t o ~e entitled: an : Act to pr6lii bi( the::Sale of i1i.tox icat ing

liquors o r alcoholic bitters, in q uant iti es less than fiy e
gal1o~i's, witf1ih t\vo mile$ of .th C: :F:c mat~ Sdmin-ary, :iJ1 .-the town o f Fort Valley,, Georg ia-,~ e ~eepl? . in eeitai:!1 cases herein , spe~ ifioo ;: A0r~- ~ich )th ey ha\re:: in structed ~m e: . to te po'rt' a .sub stittite~ ,,.ith:'tl1-t': r'e comrn end~ti o ~) tha t :the"s.."i.m e

do pass in lieu of said orig inal bill. .. ~

- A-isp!; Hhr \ o '~b~ ~ntjtl~d a~ A~:f ~te/. ~rep_e~l "art A~t to-

_c'rl:!-at'e" a Bo~~d df 'cbnirhi ~s-ioi) eis"'f~dlie c o tinry d q,~i n~ TI=et( dnd -tb pre~C:~ibt' ~ti~ :<J~.fi~~~ th~ p'o,v~r;; =ai\ d 'duti e.s
thereof, approve(,i Aug ust j 6, 'i's ?i aifd: tlle .Act arl) t?Iid~
atory' tl~r~of, appro-ved' ~1~rth: i;: is7s. =:,\:llith~ they hive

instru.cteq me _to .report back to th e. rfdLIS~ \\:itiJ66t.fe,cpm:-

tn~ndati6n~ c: -

'

c. ~





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

c . The cornmi_ttee ]1a,v~ - also. had under .consideration .the

. r~no_\v i_ng-f?i1I s, : . .

~vhich

.

:tb ~Y. .ha;:Vc .

~iri st_~-H2,ted

- .

-~

i:n ~ .

.-to ..



~ep.o :.

r.t

492

} OURXAL OF THE HOUSE

back to the House, with the recommendation that they donot pass, to-wit:
A bill to be entitled an Act to legalize the appointment of the Trustees of the First Presbyterian Church of the city of Darien, and to change the time of the annual appointment of the same, and to define their powers.
Also, a bill to incorporate the Georgia State Horticultural Society, and to confer certain powers and immunities on the same.
Also, a bill to be entitled an Act to amend the charter of the tmn1 of \\'arrenton, in \Varren county.
.:\Ir. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
3/r. Speaker : The Committee on the Judiciary have had under consid-
eration the following bills, and recommend that the same do pass, to-wit:
A bill to make penal the harboring, secreting, entertaining, or keeping escaped convicts from the Penitentiary.
Also, a bill to provide for the creation of a Board of Commissioners of Roads and Revenues for the county of Oconee.
Also, a bill for the relief from jury duty of the \Vashington Rifles, of \Vashington county.
Also, a bill to abolish the City Court of Augusta. Also, a bill to amend an Act to regulate the sale of liquors in this State. Also, a bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the county of Pierce. Also, a bill to amend an Act incorporating the city of Ga_inesville, in the county of Hall. Also, a bill to prescribe the manner of granting injunctions in certain cases. Also, a bill to regulate the fees of Constables in the county of 'Wilkes. Also, a bill to prescribe and limit the compensation of Tax Receiver and Tax Collector in the county of Bibb.

FEBRUARY 17, 1876.

493

Also, a bill for the arrest of vagrants by Constables. Also, a.bill to reduce the compensation of Tax Collector and other officers in the county of Butts. Also, a bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the county of Harris. Also, a bill to prohibit the sale of intoxicating liquors ncar the town of Jacksonville, in Telfair county. Also, a bill prescribing the manner and time for hearing motions for new trials in County Courts. Also, a bill to repeal an Act requiring the registration of voters in the city of Bainbridge. Also, a bill to consolidate the offices of Clerk of the Superior Court and Treasurer of Dougherty county. Also, a bill to amend section 1844 of the Code. Also, a bill to protect Ordinaries in the State in the administration of certain estates. Also, a bill to regulate the notice to be given for new roads. Also, a bill to prohibit the sale of intoxicating liquors within three miles of 0<1k Grove Church, in Macon county. Also, a bill to prohibit the killing of game in certain seasons, in the counties of Lowndes and Thomas. Also, a bill to repeal certain local laws for the county of Chatham, in certain criminal cases. Also, a bill to amend and consolidate the road laws applicable to the county of Chatham. Also, a bill to amend an Act establishing County Courts in certain counties in this State. Also, a bill to authorize married women to act as guardians for their minor children. Also, a bill to authorize J uclges of the Superior Courts in this State to strike criminal cases in certain instances.
Also, a bill to abolish the County Court, so f.<r as relates _to the county of Carroll.
Also, a bill to amend section 4368 ~f the Code.
Also, a bill to amend the charter of the city of Columbus.

A;so,_ a- bill :to prs;scfibc the mode of gr-\lnting FcellSe. to
sell intm;icating liquors in the c~unties of Telfair and Mont-

gomery.

.

. Ajso, a. bill to,pnwidc fo.r the. payment of the f..:es of!hc
J ~olicit~r General of the ~outhern !Jdicial Circu1t,

Also,., a bill to. ch;;(ngc the time of holdin~ the. Superior

Court ir{ the countv of Cherokee.

'

'

.

Also, a bill to provide for the payment of, insolvent

costs of the officers of the Superior Court of Clarke county.

Also, a bill to exempt from jury duty certain members

of the Fulton Blue~, and the Atlanta Chamber of Com

merce.

Also, a bill to create a County Court for the county of

I fabersham.

Also, a bill to regulate the s:.tlc of intoxicating lifjuors in

the county of Cobb.

Also, a bill to make the County Court of Hancock

co~mty a Court of Record.

A.I~o. a bill to consolidate the office of County Treasurer

and the Clerk of the Super:or Court of Cobb county.

Also, a bill to amend section 2 32 7 of the Revised Code.

Al:-;o, a bill to amend an Act creating. a County Court in

the county of ~lacon.

Also, a bill to prohibit the sale of intoxicatin:; liquors

within the I:mits of Cross Keys District, in the _county. of

DeKalb.

Also, a biil to amend an Act to regulatl: the sale of in-

toxicating liquors in the county of Floyd.

Also, a bill to prohibit the municipal authorities of the

city of Bainbridf,;e from taxing lands used for agricultural

purposes.

Also, a bill to limit .the amount of county ~axes _levied

for county purposes in Decatur county.

Also, a bill to amend section 4127 of th~ Code.

Also, a bill to amt:nd section 4560 of the Code. Also, a bill to fix> thd manner in which judgment~ of

foreclosure may be taken.

.

. Als_o; a )~iJI tr::> _<malfie: the, Judges of the SORfem~ c;:~_u rt to pun:hasq :eertain-hC\5)ks for the S~te~Library.- -, : ,
Also, a bill to prohibit the sale of spirituous liquors ne~_r

Camak_Cljlur:_ch,. i11 ,the county ~f \:\'arrel}.-.- .: : . 1.

Also, a bill to provid-; for the payt11c11t, of -~ch9o~claims

in tl1~ r;;ounty 9f \\'hi~fiel9. _
A.lso, a bill to am~nd section, 35090f th~ Code of I8J3;.
. Also, a bill to .dt;.fine th~ duties 9-nd :lial:Jilitiqs of 0.-.:er-

seers and Comm.issioners of Publ-ic R.o.a;-ds. . Also, a bill to amend :<m Ac~ to ;create a Boarei of. C<;>m-

missioncrs of Roads._ and Revenues for the county. of Hqus-

ton.

Also, a bill to prcst:ripc the oath for speci-al Bailiff~. ir1

Superior Courts. L

-



Also, the follawing bills) whicl1 they . rccom,mcnd do

pass, with the amendmonts herewith submitted; _joo-wit :_ . A bill to authorize the~ l\Iayor and Counc:il of Roll)z: t0

settle the bopdcd debt of the city. _

,-

...:\Jso, a bill to amend <Ill Act designating the holid~ys

to be obserYed in the acceptance and pa_yment of bills of

exchange, bank checks and proD!issory notes.

'

Also, a bill to amend section 2617 of the _Code of

Georgia.

_

..

Also, a biB cto repeal an Act ~reatjng an A~lvisory Board

for the co1mtie;5 ~.of Laurq1s and Glascock. . _ _. Also, a bill to prohibit the sale of intoxicatir~g liquors
~vithin three. miles ~f Reed Creek Baptist .Cl~urci1,. in Ijart

county.

. ,.

Also, a bili 'to prohibit tl1e sale of intoxicating liqu?r~ in

the 223d and 2_25th P,ist:!i~ts Georgia 1\Iili~ia,: 9f Oconee

county. _.- :. .

_

.

Also, a bill to amend an Act creating a County Court

for Calhoun county.

~.

"

.

Also, a bill. to create a Board of Corri11Jissioners of Roads

and Revenues for the county of Early.. Also, a bill to define the ~duties and .fix 'the liapili(ics of

railroad companies in certain cases.

} OURXAL OF THE HOUSE
Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, to-wit:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Camden county.
Also, a bill to vest in the Superior Court authority to amend charters of private companies.
Also, a bill to prevent the sale of spirituous liquors within the city of LaGrange.
Also, a bill to amend the law of limitations in this State. Also, the following bills, which they recommend do not pass, to-wit : A bill to prohibit hunting and fishing on the lands of another in the county of Terrell. Also, a bill to declare that dogs shall not be property. Also, a bill to authorize foreign executors to sell property, pursuant to the terms of the will. Also, a bill to revive the crop lien for the year 1876. Also, a bill to require the courts of this State to render judgments at the first term, in certain cases. Also, a bill to provide for the removal of the county site of Pike county. Also, a bill to change the time of holding the Superior Courts in the counties of Pike, Rockdale and others. Also, a bill to amend section 529 of the Code. Also, a bill to suppress swindling by three-card monte and other devices. Also, a bill to authorize the guardian of J. E. Atkinsto settle with him. Also, a bill to amend section 283 of the Code. Also, a bill to authorize the Ordinary of Stewart county to hire out convicts. Also, a bill to repeal an Act to prohibit the sale of intoxicating liquors in the incorporation of the town of Hampton, Henry county. Also, a bill to authorize Dr. John R. Simmons, of Americus, to practice medicine.

FEilRUARY 17, 1876.

497

Also, a bill to amend section 2708 of the Code. Also, a bill to change the time of meeting of the General Assembly of this State. Also, a bill to amend the several Acts incorporating the town of Hartwell. Also, a bill in relation to the laws of garnishment. Also, a bill to allow the 1\:Iayor and Council of Cedartown to regulate the sale of spirituous liquors within the limits of said town. Also, a bill to amend section 4500 of the Revised Code. Also, a bill for the relief of Elizabeth Tanner of Da\\son county. Also, a bill to prO\ide for the payment of costs in advance in Justices' Courts. Also, a bill to amend section 4372 of the Code. Also, a bill to amend section 3972 of the Code. Also, a bill to confer certain powers and privileges upon James Grier, of Stewart county. Also, a bill to amend section r876 of the Revised Code. Also, a bill to amend section 4305 of the Code. Also, a bill to amend section 4784 of the Code of Georgia. Also, a bill to amend section 3217 of the Code. Also, a bill to regulate legal advertising in this State. Also, a bill to amend section 295 of the Code. Also, a bill to make penal the compounding of certain felonies. Also, a bill to prevent hunting on the lands of another, in the county of Montgomery. Also, a bill to declare dogs not to be property.
Also, a bill to limit the time in which suits shall be brought to recover homesteads.
Also, a bill to provide for the redemption of property sold under execution.
Also, a bill for the relief of James D. Collin~, of the -county of Fulton.
32

498

JouRNAL OF THE HousE

Also, a bill to amend section 3850 of the Code. Also, a bill to better regulate the setting apart of homesteads. Also, a bill to allow the taking of depositions in certain cases in Coweta county. Also, a bill to prescribe the mode of selling personal property aubject to mortgage lien. Also, a bill to repeal an Act creating a State Board of Health in this State. Also, a bill to allow R. T. Kendrick to collect fees for professional services. Also, a bill to amend the 898th section of the Code. Also, a bill for the safe keeping of the ballot box. Also, a bill to allow the Solicitor Generals of this State to enter a nolle prosequ in certain cases. Also, a bill to consolidate the offices of Sheriff and Tax Collector of white county. Also, a bill to adopt the Code of Georgiaof 1873 Also, a bill to repeal an Act to regulate the sale of spirituous liquors in certain counties in this State, so far as the same relates to the county of Floyd. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Schley. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county o(.. Bartow. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Laurens. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Chattahoochee. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Coweta. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Webster. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Emanuel. Also, a bill to consolidate the offices of Tax Collector and Tax Receiver in the county of Glynn.

499
Also, a bill to amend section 4687 of the Code. Also, the following bills, which they report back to the House, without any recommendation, to-wit: A bill to regulate the compensation of Tax Collector and Receiver in the county of Greene. Also, a bill to regulate the fees of Tax Receiver and Collector in the county of Glascock. Also, a bill to regulate the fees of Tax Collector in the county of Glascock. Also, a bill to fix the compensation of Tax Collector, Tax Receiver and Treasurer, of Macon county. Also, a bill to regulate the compensation of Tax Collector and Tax Receiver of the county of Effingham. Also, a bill to fix the salaries of Tax Collector and Tax Receiver of the county of DeKalb. Also, a bill to abolish the office of Tax Receiver of the county of Campbell, and for other purposes. Also, a bill to regulate the fees of Tax Receiver and Tax Collector for the county of Floyd. Also, a bill to create a new] udicial Circuit in this State. Also, a bill to extend the jurisdiction of the ] ustices of the Peace in certain cases. Also, a bill to alter and amend the Constitution of this State. Also, a bill to amend the Constitution of this State. Also, a bill to amend the Constitution of this State. Also, a bill to amend the Constitution of this State. Also, a bill which they report back to the House, and recommend the same be referred to the Committee on Education, to-wit : A bill to supplement the present general school law, so far as relates to certain counties therein named.
Mr. Graham, of Dade, chairman of the Committee on Enrollment, submitted the following report, to-wit:
Mr. Speaker : The Committee on Enrollment re.?ort as duly enrolled,

500

} OURNAL OF THE HoUSE

and ready for the signature of the Speaker of the House of Representatives, the following bills, to-wit:
A bill to repeal an Act consolidating the offices of Sheriff

and Tax Collector, also the offices of Clerk of the Superior Court and Tax Receiver for the county of Baker.

Also, a bill to amend section I 5th of an Act to create a County Court for the county of Clayton, in this State, and to provide for the disposition of convicts therein, approved

February 28, 1874, so far as the same applies to the county of Campbell, in relation to jury fees.

Also, a bill to provide for a County Board of Commissioners for the county of Tattnall, and to prescribe and define the powers and duties thereof.

Also, a bill to repeal an Act entitled an Act to repeal the first section of an Act entitled an Act to change the line between the counties of Chattahoochee and Stewart, so far as the same affects the residence of William V. Collier (now Alvey D. Harp), and R. D. Sigemore, approved

March 2, 1874.

.

Also, a bill to amend an Act entitled an Act to prohibit

the buying, selling. delivering, or receiving of any farm

products therein specified, between the hours of sunset and

sunrise, in the counties of Lincoln, Brooks and other coun-

ties therein named, approved August 23, 1872, so as to

apply the provisions of said Act, and put the same in force

in the county of Morgan. Also, a bill to amend an Act entitled an Act to organ-
ize a County Court for the county of l\iarion, to define its jurisdiction, and for other purposes, approved March 2,

1875 Also, a bill for the protection of the farmers of Charlton

county.

,

Also, a bill to amend section 279 of the Code of Georgia

of 1873, by striking from the exception contained in the

first paragraph thereof the county of Bulloch, and to de-

clare section 279 as amended, to section 317 inclusive, of

501
said Code, referring to County Courts, applicable and of force in the county of Bulloch.
Also, a bill to consolidate the offices of County Treasurer and the Clerk of the Superior Court of the county of \Vebster, and to provide for the compensation of the same, and for other purposes.
Also, a bill to fix the amount to be paid for license to sell spirituous liquors in the county of Emanuel, and for other purposes.
Also, a bill to amend the charter of the city of Milledgeville, so far as regards the election and removal of City Marshal, and to authorize a city chain gang.
Also, a bill to amend an Act entitled an Act to amend and reduce into one the several acts and amendments thereto, incorporating the village of Cave Spring, in the county of Floyd, approved December 14, 1871.
Also, a bill to amend the charter of the town of Swainsboro, in Emanuel county, and for other purposes.
Also, a bill to regulate the pay of jurors, and provide for the extra compensation ofcounty officers, in the county of Effingham.
Also, a bill to consolidate the offices of Tax Collector and County Treasurer of the county of Fannin, in this State.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of \Vayne, and define their powers and duties, and for other purposes.
Also, a bill to prescribe the mode of granting license to sell into~icating liquors in the counties of Brooks and Tattnall.
Also, a bill to repeal an Act entitled an Act to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, Whitfield, Walker, Hall, Bartow, Gordon, Coweta, Carroll, Haralson, Murray, Paulding, and the town of Palmetto, in the county of Campbell, in the State of Georgia, and for other purposes,

502

} OURNAL OF THE HOUSE

approved February 26, 1875, so far as the same relates to the city of Cartersville, in Bartow county.
Also, a bill to authorize the Mayor and Council of the city of Macon to issue certain bonds.
The House went into Committee of the \\'hole for the further consideration of the following bill as the unfinished business of the session of yesterday, to-wit :
A bill to repeal sections 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1263, 1264 and 1265 of the Code of Georgia in relation to the public school system, and for other purposes.
Mr. Peeples, chairman of the Committee of the vVhole, reported the bill back, with the recommendation that it be perfected in the House.
On motion of Mr. Miller, of Marion, the bill was taken up for further consideration by sections.
Mr. Adams moved to indefinitely postpone the bill, which motion did not prevail.
Several amendments were offered to the bill which were adopted.
The report of the committee, as amended, was agreed to. Upon the passage of the bill as amended, Mr. Jones, of Burke, called for the yeas and nays, which call was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Atkinson, Anthony, Allred, Asbury, Bacon, of Liberty, Barnwell, Binns, Brown, Blue, Bennett, Beall,

Ficklan,

Padget,

Fannin,

Parker,

Fain,

Phinazee,

Glisson,

Peden,

Grimes, of Miller, Pitman,

Hamilton,

Rudisill,

of Clinch, Ridley,

Hamilton,

Revill,

of Floyd, Shewmake,

Holland,

Shellnut,

Humber,

Sharpe,

FEBRUARY IJ, 1876.

503

Carter, of Appling, Harrison,

Saunders,

Carter, of Walton, Henderson,

Stallings,

Craig, of Bibb, Holcombe,

Smith, of Lowndes,

Craig, of \Vhite, Irwin,

Smith, of Webster,

Camp,

Jamison,

Scott,

Cassidy,

Jones, of Rabun, Skelton,

Carleton, of Clarke, Kennedy,

Spinks,

Crymes,

of Bulloch, Stewart,

Calhoun,

Kennedy,

.

of Sumter,

of Montgomery, of Emanuel, Speer,

Cobb,

Lindley,

Simpson,

Candler,

Leach,

Terrell,

Clements, of Irwin, Lane,

Turner, of Floyd,

Clements,

Leverett,

Thomason,

ofWhitfield, Mathews,

Tumlin,

Clements,

Maxwell,

Tootle,

of Walker, Mattox,

Whittle,

Christian,

McAfee,

\Vilcoxon,

Chappell,

Meadows,

'Winningham,

Crawford,

Miller, of Marion, Wilcher,

Duncan,

Miller, of Ware, Ware,

Duggar,

Neal,

\Vynn,

Dyer,

Nelms,

Wimberly,

Duke,

Norman,

Warner,

Davis,

Pierce,

\Vorthen.

Fredrick,

Those voting in the negative are-Messrs.

Anderson, Adams, Alderman, Black, Binion, Bowen, Carleton,
of Greene,

Hutchcnson,

Patton,

Hutchins,

Smith,ofDawson,

Harrall,

Sapp,

Hammond,

Simmons,

Hall,

Stewart,

Jones, of Burke,

of Rockdale,

Jones, of Crawford, Searcy,

King,

Sharman,

504

JouRNAL OF THE Hm.:sE

Calhoun,

Kilpatrick,

of Fulton, Lang,

Culver,

Little,

Clarke,

Livingston,

DeLoach,

McKinly,

Duggan,

McGill,

Furlow,

:\Ioss,

Fort,

l\Iarshall,

George,

Peeples,

Graham, ofTelfair, Potts,

Hoge,

Patman,

Yeas, 101. Nays, 52.

Thomas, vVarren, \Vilson,
of Oconee, \Vilson, of Fulton,_ vVilcox, vVesselowsky, \Villis, of Greene,. \Vofford, Williams, \Valsh.

So the bill, as amended, passed.

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

Jlfr. Speaker: His Excellency the Governor has approved the following
Acts, to-wit: An Act to prevent the killing of game in the county of
Morgan, between the I sth of March and the Ist of October in each and every year, and for other purposes.
An Act to regulate and define the pay of grand and petit jurors for the county of Chattahoochee.
An Act to amend an Act entitled an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, 1875
An Act to amend an Act entitled an Act to form a Board of Commissioners of Roads and Revenues for the county of Appling, approved March 5, 1875
An Act to prohibit the sale of intoxicating drinks, of any kind whatever, within two miles of Sardis Baptist Church, in Cobb county.
An Act to prohibit the sale of intoxicating liquors within the incorporate limits of the town of Morgan, in Calhoun county.

FEBRUARY 17, 1876.

50&

An Act to prohibit emigrant agents from plying their vocation in this State, without first obtaining a license therefor, and for other purposes.
An Act to prohibit the sale of intoxicating liquors within three miles in any direction of Bluffton, in the county of Clay.
An Act to create a Supervisor of Roads for the county Columbia.
An Act to amend an Act entitled an Act to establish a County Court in Coweta county, approved March 2, 1874.
An Act to authorize the Sheriffs of this State, or their
deputies, to levy and collect tax fi. fas. of any amount,
and for other purposes. An Act to establish a Board of County Commissioners
for the county of Talbot, and to define the powers and duties thereof.
An Act to regulate the pay of grand and traverse jurors and bailiffs in the county of Bartow.
An Act to change the line between the counties of Laurens and Johnson, and the line between the counties of Randolph and Terrell.
An Act for the relief of Thomas Hollis, David Dyer and Lester Markham, sureties on the bonds of Allen Williams, of the county of Morgan.
An Act to change the line between the counties of Taliaferro and Greene.
An Act to change the line between the counties of Newton and Jasper, and for other purposes.
An Act to confer additional power upon the Tax Collector of Sumter county, and to make said Tax Collector ex-officio Sheriff in certain cases.
An Act authorizing and requiring the School Commissioners for the Town District of the town of Thomaston, and the County Board of Education of Upson county to make conveyance of Academy lots to the Trustees of Thomaston High School, and to pay the pro rata of the public school fund to the account of its teachers.

506

JouRKAL oF THE HousE

An Act to change the line defining the corporate limits of the city of Newnan, in the county of Coweta.
An Act to regulate the sale of intoxicating liquors in the county of Miller.
An Act to prevent fishing in the waters of 'vVorth county with seines, traps, gill nets or otherwise, except as hereinafter provided.
An Act to declare Yellow river, in Newton and Rockdale counties, a lawful fence, and for other purposes.
On motion of Mr. Peeples, the following bill was taken up for further consideration, to-wit:
A bill to amend an Act, approved October 24, 1874, entitled an Act to loan the credit of the State to the Marietta, Canton & Ellijay Railroad, and for other purposes.
After some time spent in the consideration of the bill, Mr. Eakes called for the previous question, which call was sustained.
Upon the passage of the bill, a call for the yeas and nays was sustained, and the Clerk proceeded with the call.

Those voting in the affirmative are-Messrs.

Anderson,

Fain,

Potts,

Anthony,

Glisson,

Parker,

Allred,

Graham, of Dade, Patton,

Bacon, of Liberty, Humber,

Ridley,

Barnwell,

HarraH,

Shewmake,

Brown,

Harrison,

Shellnut,

Blue,

Henderson,

Sharpe,

Beall,

Irwin,

Smith,

Binion,

Jamison,

of Dawson,

Bowen,

Jones, of Burke, Sapp,

Carter, of Appling, Jones, of Crawford, Skelton,

Craig, of White, Jones, of Rabun, Stewart,

Carleton, of Clarke, Lang,

of Rockdale,

Calhoun,

Lindley,

Stewart,ofSumter,

of Montgomery, Livingston,

Terrell,

Cobb,

Leverett,

Turnbull,

507

Candler,

McKinly,

\Varren,

Clements, of Irwin, Mathews,

\Vilson, of Fulton,

Christian,

Maxwell,

Wilcox,

Chappell,

McGill,

Winningham,

Duggar,

McAfee,

\Vesselowsky.

Dyer,

Miller, of Marion, \Vofford,

Duke,

Nelms,

Williams,

Eakes,

Padget,

Walsh.

Furlow,

Peeples,

Those voting in the negative are-Messrs.

Atkinson,

Ficklan,

Neal,

Adams,

Fannin,

Pierce,

Asbury,

Fort,

Patman,

Alderman,

Graham, of Dooly, Peden,

Baker,

Grimes,

Pitman,

Bacon, of Bibb,

of Miller, Rudisill,

Black,

Hamilton,

Revill,

Battle,

of Clinch, Stallings,

Bennett,

Hamilton,

Smith, ofLowndes,

Burns,

of Floyd, Smith, of Webster,

Carter, of \Valton, Hoge,

Simmons,

Cassidy,

H utchenson,

Scott,

C2 leton,

Hutchins,

Spinks,

of Greene, Hammond,

Searcy,

Crymes,

Hall,

Speer,

Calhoun,

Holcombe,

Sharman,

of Fulton, Kennedy,

Turner, of Brooks,

Culver,

of Bulloch, Turner, of Floyd,

Clements,

Kennedy,

Thomas,

of Whitfield,

of Emanuel, Tumlin,

Clements,

King,

Tootle,

of \Valker, Kilpatrick,

Whittle,

Crawford,

Lawton,

Wilcoxon,

Clarke,

Lamkin,

Wilcher,

Colley,

Lane,

\Vare,

DeLoach,

Little,

\Vynn,

508

JouR::>~AL OF THE HousE

Duncan,

l\Iattox,

Wimberly,

Duggan,

Moss,

\Villis, of Greene,

Davis,

Meadows,

\Varner,

Elkins,

Marshall,

\Vorthen.

Fredrick,

Yeas, 7r. Nays, 82.

So the bill was lost.

On motion of ::\Ir. Turnbull, Hon. John B. Gordon was

invited to a seat upon the floor of the House.

The House proceeded to the consideration of the fol-

lowing bill as the special order of the day, to-wit:

A bill to regulate the leasing of Penitentiary convicts by

the Governor, and authorizing him to make contracts in re-

lation thereto, and for other purposes.

The House went into Committee of the \Vhole for the

consideration of the bill.

After some time spent in the consideration of the hili,

Mr. Speer, chairman of the Committee of the Whole, re-

ported the bill back to the House, with a report of pro-

gress, and asked leave to sit again.

Mr. \Villis, of Macon, was granted leave of absence.

The hour of adjournment having arrived, the Speaker

declared the House adjourned until 3 o'clock this after-

noon.

AFTERNOO~ SESSION.

The House re-assembled.

3 o'CLOCK P. M.

The roll call was, on motion, dispensed with.

The House \Vent into Committee of the Whole for the further consideration of the following bill as the unfinished business of the morning session, to-wit:
A bill to regulate the leasing of Penitentiary convicts by the Governor, and authorizing him to make contracts in relation thereto, and for other purposes.
After some time spent in the consideration of the bill,

FEBRUARY 17, 1876.

509

Mr. Speer, chairman of the Committee of the vVhole, reported it back to the House, with the recommendation that it do pass as amended.
The report of the Committee \\as agreed to.
Mr. Mattox moved to indefinitely postpone the bill, which motion did not prevail.
The bill as amended then passed.
Mr. Graham, of Dade, chairman of the Committee on Enrollment submitted the following report, to-wit :
.Mr. Speaker: The Committee on Enrollment, report as duly enrolled,
signed by the Speaker of the House of Representatives, President of the Senate, and delivered to his Excellency the Governor, the following bills, to-wit :
A bill to repeal an Act entitled an Act to regulate the letting out of contracts to the lowest bidder, by county authorities, and for other purposes therein named, approved February 24, 1875, so far as the same applies to the counties of Clarke, Oconee and Harris.
Also, a bill to amend an Act, approved August 23, 1872, entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between sunset and sunrise, in the counties of Lincoln, Brooks, Greene, and other counties therein named, so as to include in said Act the counties of Butts, Putnam, vVashington, Polk, Terrell, Jefferson and Warren.
Also, a bill to amend an Act entitled an Act to organize a County Court for the county of Marion, to define its jurisdiction, and for other purposes, approved March 2, 1875-
Also, a bill to amend an Act entitled an Act to prohibit the buying, selling, delivering or receiving of any farm products therein specified, between the hours of sunset and sunrise, in the counties of Lincoln, Brooks, and other -counties therein named, appro\ed August 23, 1872, so as

510

JOUR!'>AL OF THE Hot:SE

to apply the provisions of said Act, and put the same in force in the county of Morgan.
Also, a bill to repeal an Act entitled an Act to repeal the Ist section of an Act entitled an Act to change the line between the counties of Chattahoochee and Stewart, so far as the same affects the residence of William V. Collier (now Alvey D. Harp), and R. D. Sigemore, approved March 2, 1874.
Also, a bill to amend section I 5th of an Act to create a County Court for the county of Clayton, in this State, and to provide for the disposition of convicts therein, approved February 28, 1874, so far as the same applies to the county of Campbell, in relation to jury fees.
Also, a bill to repeal an Act consolidating the offices of Sheriff and Tax Collector, also the offices of Clerk of the Superior Court and Tax Receiver for the county of Baker.
Also, a bill to provide for a County Board of Commissioners for the county of Tattnall, and to prescribe and define the powers and duties thereof.
Also, a bill to regulate the pay of jurors, and provide for the extra compensation of county officers in the county of Effingham.
Also, a bill to amend the charter of the town of Swainsboro, in Emanuel county, and for other purposes.
Also, a bill to amend an Act entitled an Act to amend and reduce into one the several Acts and amendments thereto, incorporating the village of Cave Spring, in the county of Floyd, approved December 14, 187 I.
Also, a bill to fix the amount to be paid for license to sell spirituous liquors in the county of Emanuel, and for other purposes.
Also, a bill to ,amend the charter of the city of Milledgeville, so far as regards the election and removal of City Marshal, and to authorize a city chain gang.
Also, a bill to consolidate the offices of County Treasurer and Clerk of the Superior Court of the county of

FEBRUARY 17, 1876.

511

Webster, and to provide for the compensation of the same, and for other purposes.
Also, a bill to amend section 279 of the Code of Georgia of 1873, by striking from the exception contained in the first paragraph thereof ''the county of Bulloch," and to declare section 279 as amended, to section 317 inclusive, of said CGde, referring to County Courts, applicable and of force in the county of Bulloch.
Also, a bill for the protection of the farmers of Charlton county.
Also, a bill to regulate the sale of spirituous, vinous and malt liquors in the counties of Floyd, Dade, Polk, Chattooga, \Vhitfield, \Valker, Hall, Bartow, Gordon, Coweta, Carroll, Harralson, Murray, Paulding, and the town of Palmetto, in the county of Campbell, in the State of Georgia, and for other purposes, approved February 26, 1875, so far as the same relates to the city of Cartersville, in Bartow county.
Also, a bill to prescribe the mode of granting license to sell intoxicating liquors in the counties of Brooks and Tattnall.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of \Vayne, to define their powers and duties, and for other purposes.
Also, a bill to require the Ordinaries, County Treasurers, Clerks of the Superior Courts and Sheriffs to make returns to the grand juries of their respective counties, as therein provided.
Also, a bill to authorize the Mayor and Council of the city of Macon to issue certain bonds, and for other purposes.
Also, a bill to consolidate the offices of Tax Collector and County Treasurer of the county of Fannin, in this State.
Also, a bill to authorize the Mayor and Council of the city of Macon to issue certain bonds, and for other pur-
po~es.

JouR~AL OF THE HaesE
Mr. McGill, chairman of the Committee on Internal Improvements, submitted the following- report, to-wit:
lllr. Speaker: The Committee on Internal Improvements have had under
consideration a bill entitled an Act to prohibit any person or persons from placing obstructions in Toccoa river, in Fannin county, of this State, so as to interfere with the rafting of timber in said stream, and for other purposes, which they report back, with an amendment, and recommend that the same do pass as amended.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
lllr. Speaker: The Committee on the Judiciary have had under consid-
eration the following bills, which they recommend do pass, to-wit:
A bill to regulate the pay of jurors in the county of Decatur.
Also, a bill to change the time of holding the Superior Court in Echols county.
Also, a bill to make Tax Collectors ex-officio Sheriffs for
the purpose of collecting tax .ft. fas.
Also, the following bills, for which they herewith submit substitutes, and recommend the passage of the same, to-wit:
A bill to consolidate the offices of Tax Collector and Tax Receiver of Harrison county.
Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Johnson, and for other purposes.
Also, the following bill, \\hich they recommend do not pass, to-wit:
A bill to authorize the Clerk of the Superior Court of Glynn county to practice law in certain cases.
Also, the following bills, which they report back to the House without any recommendation, to-wit:

FEBRUARY 17, 1876.
A bill to protect farm products in the county of Decatur, and for other purposes.
Also, a bill to exempt all male inhabitants in Dodge county, over the age of forty-five, from road duty.
Also, a bill to consolidate the offices of Sheriff and Tax Receiver, and Clerk of the Superior Court and Tax Collector, for the county of Oconee.
Also, the following Senate bill, which they recommend do pass, with the amendments herewith submitted, to-wit :
A bill to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for other purposes.
The regular order of business being the reading of House bills the third time, the following bills were read and disposed of as hereinafter specified, to-wit:
A bill to amend an Act, approved February 25, 1875, entitled an Act to create a State Board of Health, and for other purposes_ Passed by substitute.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Emanuel, and for other purposes. Lost.
Also, a bill to repeal the Act creating a State Board of Health. \Vithdrawn.
Also, a bill to regulate the compensation of Receivers of Tax Returns and Tax Collectors in this State, and for other purposes.
On motion of Mr. Adams, the bill was laid on the table, and the following Senate bill, on the same subject, was taken up in lieu thereof, to-wit:
A bill to reduce and regulate the fees of Tax Receivers and Tax Collectors in this State, and for other purposes. Passed.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Webster. Lost.
Also, a bill to limit the time within which suits shall be brought for the recovery of property which has been set
33

514

JovRNAL OF THE HousE

apart as a homestead, and afterwards sold and conveyedr in conformity with the provisions of the Code. Lost.
Also, a bill to amend the Constitution of this State Laid on the table.
Also, a bill to lay out and organize a new county from the county of Decatur. Lost.
Also, a bill to abolish the office of Tax Receiver of the county of Campbell, and for other purposes. Withdrawn.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Coweta, and for other purposes. Laid on the table.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Chattahoochee, and for other purposes. \Vithdrawn.
Also, a bill to create a new Judicial Circuit in this State~ to be called the Appalachee Circuit, to comprise certain counties therein named, and for other purposes.
Mr. Fain offered the following amendment to the bill: '' Pro-uided, that the provisions of this bill shall not apply to the counties of Union and Towns."
The amendment was adopted.
On motion of Mr. Turnbull, the bill was then laid on the table.
Also, a bill to fix the salaries of the Tax Collector and Tax Receiver of the county of DeKalb. Withdrawn.
Also, a bill to prevent the sale of farm products between sunset and sunrise, and for other purposes. Laid on the table.
Also, a bill to regulate the compensation of the Tax Collector and Tax Receiver for the collection of county taxes for the county of Effingham. Withdrawn.
Also, a bill to abolish the office of Tax Receiver of the county of Laurens, and for other purposes. Withdrawn.
Also, a bill to amend the Constitution of this State. Laid on the table.
Also, a bill to amend an Act to prevent camp hunting

515

in this State, and apply the provisions of said Act to the county of Douglas.
The Committee on Corporations had reported this bill back with the recommendation that it do pass by substitute.
Mr. Holcombe offered an amendment to the substitute reported, including the county of Ha~alson in the provisions of the same, which was adopted.
The bill then passed by substitute. Also, a bill to fix the compensation of the Tax Receiver, Tax Collector and Treasurer for the county of Macon, and for other purposes. Laid on the table. Also, a bill to regulate the fees of the Tax Collector of the county of Hancock. \Vithdrawn. Also, a bill to declare dogs not to be property. Lost. Also, a bill to amend article 3d, section 1st, paragraph 3d, of the Constitution of this State. Indefinitely postponed. Also, a bill to establish a County Court for the county of Dodge. Passed by substitute. Also, a bill to punish fceticide in this State. Passed. The following message was received from the Senate, through l\ir. Murphey, the Secretary, thereof:

11-fr. Speaka :

The Senate has passed the following bills of the House of

Representatives, to-wit :

A hili to fix the compensation of the County Treasurer

of Meriwether county.

-

Also, a hili to legalize certain acts of the County Com-

missioners of Mcintosh county.

Also, a hili to provide the per diem of jurors in the

Criminal Court of Webster county.

Also, a hili to authorize the legal voters of the town of Dahlonega to hold an election for an Intendant and Board of Town Commissioners.
Also, a bill to amend an Act to regulate the sale of

516

JOURNAL OF THE HOUSE

spirituous, vinous and malt liquors, in the county of Madison.
Also, a bill to amend an Act to provide a Board of Commissioners of Roads and Revenues for the county of Douglas.
The Senate has passed the following bills of the House Df Representatives, with amendments thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to change the line between the counties of Marion and Taylor.
Also, a bill to amend an Act to prohibit the buying, selling, delivering or receiving any farm products therein specified, so as to include the counties of Hancock, Elbert, \Valton, Taylor and Crawford.
Also, a bill to regulate the time for ,,hich the Mayor of the city of Augusta shall hold office.
Also, a bill to amend an Act to create a County Court in the county of Jackson.
Also, a bill to authorize the Grangers Life and Health Insurance Company to create and establish a State Department, and to incorporate the same.
Also, a bill to prescribe the mode of granting license to sell spirituous liquors in the counties of Muscogee and Stewart.
Also, a bill to regulate the compensation of the Tax Receiver and Tax Collector of Meriwether county.
Also, a bill to incorporate the lVIacon Gas Light and \Vater Company.
Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court of Jackson county.
Also, a bill to regulate the com)ensation of Tax Collector and Tax Receiver of Floyd cocmty.
Also, a bill to fix the pay of jurors in the county of Muscogee.
Also, a bill to amend an Act to prohibit the buying

FEBRUARY 17, 1876.

517

!>elling, delivering or receiving of any farm products in the county of Muscogee.
Also, a bill to amend an Act to establish .a permanent Board of Education for the county of Bibb.
Also, a bill to amend the laws in relation to the jurisdiction of the County Judge of Screven county.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Gilmer.
Also, a bill to amend an Act to organize a Criminal Court for the counties of DeKalb, Henry, Carroll and Sumter, so as to include the county of Pike.
Also, a bill to ratify and confirm the sale of certain real estate by the Trustees of the First Baptist Society of Augusta, and for other purposes.
Also, a bill to amend an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Burke, Jefferson and \Vashington, approved February 20, 1873, and an Act to amend said Act, approved March
s, 1875
Also, a bill to abolish the County Court of Upson county, and for other purposes.
Also, a bill to amend an Act to prevent the shooting or firing of guns or pistols in Vineville, in Bibb county.
Also, a bill to change the line between the counties of Newton and Rockdale.
Also, a bill to amend an Act to incorporate the town of Morgan, in Calhoun county, and for other purposes.
Also, a bill to amend an Act to create a County Court in each county in this State, so far as the same relates to. Morgan county.
Also, a bill to repeal an Act to authorize the Ordinary of the county of Telfair to issue county bonds to aid in the completion of the court house.
Also, a bill to fix the compensation of grand and traverse jurors and bailiffs serving in the Superior Court of Calhoun county.

518

JOCR~AL OF THE HoUSE

Also, a bill to create a Board of Commissioners for the county of Greene.
Also, a bill to regulate the fees of the President of the Board of Town Commissioners and Marshal of the town of Lawrenceville, Gwinnett county.
Also, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Calhoun, and for other purposes.
Also, a bill to amend an Act to prohibit the buying, selling, delivering or receiving of farm products, between sunset and sunrise, in the counties of Lincoln, Brooks, and other counties therein mentioned.
Also, a bill to repeal so much of an Act to increase the pay of jurors in the counties of Stewart, \Vebster, Troup, and other counties, so far as the same relates to the county of Jasper.
Also, a bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the county of Calhoun.
Also, a bill to regulate the pay of grand and petit jurors in the county of :\!iller.
Also, a bill to alter and amend an Act to incorporate the town of \\"aycross.
Also, a bill to regulate the compensation of the Judge of the County Court of the county of Richmond.
Also, a bill to repeal an Act creating a Board of Commissioners, so far as the same relates to Berrien county.
Also, a bill to repeal the 3d section of an Act to fix the compensation of the Tax Collector and Tax Receiver of the county of Cherokee, and for other purposes.
Also, a bill to alter and fix the pay of the County Treasurer of DeKalb county, and for other purposes.
Also, a bill to change the time of holding the Superior Court of Oconee county.
Also, a bill to make the Ordinary of Greene county exofficio Treasurer, and for other purposes.

FEBRUARY 17, 1876.

519

The following message was received from the Senate through Mr. Murphey, the Secretary thereof, to-wit:
Mr. Speaker: The Senate has passed the following bill, and I am di-
rected to transmit the same forthwith, to-wit : A bill to repeal section 1456 of the Code. Order of business resumed. Also, a bill to consolidate the offices of County Treas-
urer and Clerk of the Superior Court of the county of Cobb, and for other purposes. Passed.
Also, a bill for the relief of Thomas \V. Davis, late Tax Collector of the county of Bryan. Passed by substitute.
Also, a bill to consolidate the offices of Tax Collector and Tax Receiver of the county of Bartow. Laid on the table.
Also, a bill for the relief of the heirs of Jolm Caldwell,
deceased. The House went into Committee of the \Vhole for the
further consideration of the bill.
Mr. Clements, of Walker, chairman of the Committee of the 'Whole, reported the bill back to the House, with the recommendation that it do pass.
The bill then passed. Also, a bill to prohibit hunting on the lands of another in the county of Montgomery. Lost. Also, a bill to protect the owners of lands, enclosed and unenclosed, in the counties of Lincoln and McDuffie. Laid on the table. Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Harris, and for other purposes. Withdrawn. Also, a bill providing for the purchase of books for the County of Oconee. The House went into Committee of the \\'hole for the further consideration of said bill. Mr. Rankin, chairman of the Committee of the Whole.

520

JOUR~AL OF THE HOUSE

reported the bill back to the House, with the recommendation that the same do pass as amended.
An amendment was offered to include the county of Douglas in the provisions of the bill, which was adopted.
An additional amendment was offered and adopted, to include the county of Mcintosh in the provisions of the bill.
Mr. Shewmake moved to indefinitely postpone the bill, which motion did not prevail.
The bill as amended then passed. The hour of adjournment having arrived, the Speaker declared the House adjourned until 8 o'clock this eve ning.

NIGHT SESSION.

The House re-assembled.

8 o'cLOCK P. M.

The call of the roll was, on motion, dispensed \Vith.

The regular order of business being the reading of House bills the third time, the following bills were read and disposed of as hereinafter specified, to-wit:
A bill to regulate the salaries of Tax Collector and Tax Receiver of the county of Troup.
Mr. Stallings moved to amend by adding the county of Coweta, which amendment was adopted, and the bill as amended passed.
Also, a bill providing an additional oath for County Treasurers, Tax Collectors, School Commissioners and other officers in the State holding trust funds. Lost.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Schley. Lost.
Also, a bill creating Commissioners for the county of Mcintosh and city of Darien. Passed as amended.
Also, a bill to change the line between the counties of Murray and Gordon. Passed.
A!so, a bill for the relief of J. Boorman Johnston & Co.

FEBRUARY 17, 1876.

521

Mr. Hoge, of Fulton, moved to disagree to the report of the committee.
Mr. Duke, of Jackson, moved tolay the bill on the table. 1\Ir. Allred, of Pickens, moved to indefinitely postpone the bill, which motion prevailed. Also, a bill to amend the Act to create a County Court in certain counties, so far as relates to the county of Oconee. Lost. Also, a bill to amend the several Acts incorporating the town of Hartwell. Lost. Also, a bill to amend the several Acts incorporating the city of Gainesville. Passed. Also, a bill to regulate the fees of Tax Receiver and Collector in the county of Glascock. Indefinitely postponed.
Mr. Glisson, of Burke, moved to suspend the rules and take up the following bill, to-wit:
A bill to relieve J. W. Grubbs, S. J. Bell, H. J. Inman,
and L. D. Matthews. The motion prevailed, and the bill was read the third
time and passed as amended.
On motion of Mr. \Valsh, the rules were suspended, and the following Senate bill was taken up and 200 copies of the same ordered printed for the use of the House, and the bill made the special order for Saturday next, at 10 o'clock a. m., to-wit :
A bill to authorize the issue of State bonds to retire by exchange the recognized bonds of the Macon & Brunswick Railroad, and the bonds of the North & South Railroad.
The order of business was resumed. A bill to require the Treasurers of the counties of Effingham, Clinch and Emanuel to receive and disburse the school fund of said counties. vVithdrawn. Also, a bill to amend the several Acts incorporating the town of Decatur, in DeKalb county. Passed. Also, a bill to authorize the Mayor and Aldermen of'

.522

JouRNAL OF THE HousE

Cartersville to levy a tax upon circus companies, menageries, etc. Laid on the table.
Also, a bill to revive for the year 1876 the merchants' crop lien law. Lost.
Also, a bill to declare that dogs shall not be taxable property, Lost.
Also, a bill to define the mode of trial of certain civil causes in this State. Passed by substitute.
Also, a bill to supplement the present general school law in certain counties. \Vithdra\vn.
Also, a bill to amend an Act to create a Board of Commissioners for the county of Bibb. Passed.
Also, a bill to amend the Act to create Boards of Commissioners of Roads and Revenues in the counties of Camden, Thomas and Echols. Passed by substitute.
Also, a bill to prescribe the manner of granting injunctions in certain cases. Passed.
Also, a bill to incorporate the Blue Ridge Mining Company. Passed as amended.
Also, a bill for the relief of S. F. Williams, of the county of Carroll.
The House went into Committee of the \\'hole for the further consideration of said bill.
Mr. Hoge, chairman of the Committee of the vVhole, reported the bill back to the House, with the recommendation that the bill do pass as amended.
The report of the Committee was agreed to, and the bill passed as amended.
Also, a bill to regulate the compensation of the Tax Collector and Tax Receiver of the county of Greene. Withdrawn.
Also, a bill to alter and amend paragraph 3d of section 6th, of article 5th of the Constitution.
Mr. Lamkin moved to indefinitely postpone the bill, which motion did not prevail.
Upon the passage of this bill, a constitutional majority

FEBRCARY 17, 1876.

523

of two-thirds being required, the vote was taken by yeas and nays.

Those voting in the affirmative are-Messrs.

Anderson,

Duke,

Keal,

Atkinson,

Davis,

Norman,

Anthony,

Eakes,

Pierce,

Allred,

Elkins,

Padgett,

Bacon, of Liberty, Ficklan,

Potts,

Barnwell,

Fain,

Parker,

Black,

George,

Phinazee,

Battle,

Graham, of Dooly, Patton,

Camp,

Grimes, of Miller, Rankin,

Cassidy,

Hamilton,

Shellnut,

Carleton, of Greene, of Clinch, Sharpe,

Calhoun,

Hutchenson,

Smith, of Dawson,

of Montgomery, Harrison,

Smith, of 'vVebster,

Cobb,

Holcombe,

Sapp,

Culver,

Jamison,

Skelton,

Clements, of Irwin, Jones, of Rabun, Spinks,

Clements,

Kennedy,

Searcy,

of Whitfield,

of Emanuel, Sharman,

Clements,

Kilpatrick,

Terrell,

of Walker, Lang,

Tootle,

Christian,

Leach,

Whittle,

Chappell,

Livingston,

\Vilcoxon,

Crawford,

McKinley,

\Vinningham,

DeLoach,

Maxwell,

'vV estbrook,

Duncan,

Moss,

\Vilcher,

Duggar,

McAfee,

'vVare,

Duggan,

Meadows,

Willis, of Greene,

Dyer,

Marshall,

'vVorthen.

Those voting in the negative are-Messrs.

Asbury, Baker, Bacon, of Bibb,

Henderson,

Simmons,

Jones, of Burke, Stewart,

King,

of Rockdale,

524

JOUR~AL OF THE HOUSE

Brown,

Lawton,

Speer,

Calhoun, of Fulton, Lamkin,

Turnbull,

Candler,

Little,

Turner, of Brooks,

Clarke,

Leverett,

Turner, of Floyd,

Furlow,

l\Iattox,

Tumlin,

Fannin,

Peden,

\Vilson, of Oconee,

Hamilton,

Pitman,

\Vilcox,

of Floyd, Revill,

Wimberly,

Holland,

Shewmake,

\Vofford,

Hutchins,

Stallings,

\ Villiams,

Hammond,

Smith, of Lowndes, \Valsh.

Hall,

Yeas, 79 1\ays, 41.

So the bill having failed to receive the requisite constitutional majority, was lost.

Also, a bill to create a Board of Commissioners of Roads and Revenues for the county of Oconee. Passed.

Also, a bill to submit the question of the sale of spirituous liquors within the corporation of Blackshear to the qualified voters of said corporation. Lost.

Also, a bill for the relief of maimed and indigent soldiers. Passed.

Also, a bill to make the Act creating Boards of Commissioners of Roads and Revenues in Habersham and Lowndes counties applicable to the county of Rabun. Passed.

Also, a bill to make binding judgments rendered against executors, administrators and guardians. Withdrawn.

Also, a bill to compensate Ordinaries for receiving, filing and making returns of marriages, births and deaths. Lost.

Also, a bill to transfer criminal cases pending in the Superior Court of the county of Taylor to the Criminal Court of said county, and to provide for payment of insolvent costs. Passed.

FEBRUARY IS, IS76.

525

Also, a bill to relieve from jury duty the washington Rifles, of the county of Washington. Passed as amended.
Also, a bill to create a County Court for the county of Habersham. Passed.
On motion, the House then adjourned until 9:30 o'clock to-morrow morning.

ATLAKTA, GEORGL\,

}

Fcbntary IS, I876.

The House met pursuant to adjournment, was called to order by the Speaker, and opened \\ith prayer by Rev. John ] ones, the Chaplain.
The call of the roll was, on motion, dispensed with. The ] ournal of yesterday was read and approved.

Mr. Adams moved to reconsider so much of the action of the House on yesterday as relates to its action on the following bill, to-wit:
A bill to repeal certain sections of the Code in relation to the public school system, and providing for the reorganization of the same.
The motion to recon.>ider did not prevail.

Mr. Shellnut moved to reconsider so much of the action of the House on yesterday as relates to its action on the following bill, to-wit:
A bill to amend the 3d paragraph of section 6th of article 5th of the Constitution of this State.
Mr. Clements, of \Valker, moved to lay the motion to reconsider the bill on the table, which motion prevailed.

On motion of Mr. McKinly, the rules were suspended, and the following resolution was read, to-wit:

Resohed, That whereas, a resolution is now pending in Congress to reopen and correct the settlement of accounts between the United States and the several States, founded on advances by the States for prosecution of the war of

526

JOVRNAL OF THE HOUSE

I 8 I 2, and pay rolls and other papers of the Executive Department show that Georgia is probably entitled to be repaid the sum of $130,000 in this behalf; and, before the late civil war Col. James A. Greene, of Milledgeville, was appointed agent of the State of Georgia in this matter, and still has the papers in his hands connected therewith ; therefore, the agency of said James A. Greene for the State is hereby renewed, with authority to settle finally with the United States, either in the Court of Claims or otherwise, and to receive and receipt for all moneys found due the State of Georgia for advances of money, clothing, or other valuables, in any former war of the United States, and shall be compensated therefor out of any sum he may actually recover, at such rate and amount as the Governor may allow: Pro</tded, that no other fund shall be liable for his compensation or expenses but that actually recovered by him for the State.
On motion of ~ir. McKin!y, the rules were further suspended, and the resolution taken up, read the second time and agreed to.
.bfr. Speaker: The Committee on Agriculture have had under consid-
eration the following bills, and ask leave to make the fol. lowing report, to-wit :
A bill to amend the Act of February 22, 1875, extending section 4600 of the Code.
Also, a bill to be entitled an Act to allow the placing of fish traps in the waters of Big Indian Creek, in Houston county; which bills the committee recommend do pass.
Also, a bill to be entitled an Act to secure and protect growing crops from the ravages of stock, and for other purposes; which they recommend do not pass.
Mr. Lawton, chairman of the Committee on the Judiciary, submitted the following report, to-wit:
.Mr. Speaker: The Committee on the Judiciary have had under consid-

FEBRUARY 18, 1876.

527

eration the following bill, for which they herewith submit a substitute, and recommend the passage of the same, towit: A bill to create a Criminal Court for the county of Decatur, and for other purposes.
The following message was received from the Senate, through Mr. Murphey, the Secretary thereof, to-wit:
Mr. Speaker: The Senate has passed the following bills of the House
of Representatives, to-wit: A bill to change the line between the counties of Irwin
and Worth. Also, a bill to amend an Act to repeal an Act for the
payment of costs to the Solicitor General of the Macon Circuit.
Also, a bill to authorize the Ordinaries of the counties of Randolph and Calhoun to hire out prisoners confined in the jails of said counties for misdemeanors, and for other purposes.
Also, a bill to organize a County Court for the county of Randolph, and for other purposes.
Also, a bill to amend the charter of the town of Athens. Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Randolph, and to provide compensation for the duties of the same. Also, a bill to prohibit attorneys at law from becoming securities on the official bonds of Sheriffs in this State. Also, a bill to amend section 2040 of the Code of 1873, in relation to property exempt from levy and sale. Also, a bill to amend section 1646 of the Code of 1873, so far as the same relates to the fees of Solicitors General. Also, a bill for the relief of B. B. Hinton and Thomas B. Lumpkin, of the county of Marion. Also, a bill to amend an Act to incorporate the town of Carnesville, in Franklin county ; to provide Commissioners for the same, etc., so as to allow said Commissioners to subscribe stock to the Franklin County Institute.

.528

} OURNAL OF THE HOUSE

Also, a bill to consolidate the offices of Tax Receiver and Tax Collector of the county of Pickens, and for other purposes.
Also, a bill to amend an Act to regulate the sale of spirituous liquors in the counties of Floyd, Dade, Polk, Chattooga and other counties, and in the town of Palmetto, in the county of Campbell.
Also, a bill to repeal an Act, approved February 19, 1876, abolishing the office of County Treasurer in the county of Burke.
Also, a bill to amend an Act to create a County Court for each county of this State, so far as the same relates to the county of Clarke, and to provide therein for the appointment of a Solicitor for the county of Clarke.
Also, a bill to amend the charter of the town of Blakeley. Also, a bill to authorize the Commissioners of Coweta county to grant orders upon the County Treasurer to pay grand and petit jurors. Also, a bill to prohibit the retailing of spirituous and malt liquors, alcoholic bitters, or medicated liquors, or brandy fruits, within three miles of the village of Penfield, in Greene county, and for other purposes. Also, a bill to amend the Acts providing for the registration of voters in Chatham county, approved February 2 r, 1873, and February 28, 1874. Also, a bill to repeal an Act to regulate the commissions to be allowed the County Treasurer, of the county of Bartow, approved February 22, 1873. Also, a bill to limit the Ordinary of Decatur county in fixing the fees of the jailor of said county. Also, a bill to amend an Act to incorporate the Mutual Protection Insurance Company, of Georgia. Also, a bill to amend an Act to create a County Court for the county of Clayton, and for other purposes. Also, a bill to amend an Act to authorize the Judge of the County Court of Richmond county to pay school debts contracted in the year 187 r.

FEBRUARY 18, 1876.

529

Also, a bill to be entitled an Act to add a priviso to section 21st of an Act to amend the charter of the town of Athens, and the" various Acts amendatory thereof, approved August 24, 1872.
Also, a bill to repeal an Act entitled an Act to amend an Act to establish a County Court in the counties of Dougherty <tnd Lee, passed August 24, 1872, and for other purposes.
Also, a bill to be entitled an Act to fix and regulate the salary of the County Treasurer of the county of Campbell.
Also, a bill to be entitled an Act creating a Board of Commissioners of Roads, Public Buildings, etc., for the county of Monroe, and tor other purposes, approved August 27, 1872.
Also, a bill to be entitled an Act to amend an Act entitled an Act to prohibit hunting on the lands of another in the counties of Quitman and Camden, and for other purposes, approved February 27, 1874, by extending the provisions of the same to the county of \Vayne.
Also, a bill to be entitled an Act to revive and amend for Mcintosh county the Act entitled an Act to prevent the destruction of game in the counties of Liberty and Mcintosh, approved March 2, 1874, and to provide better protection of deer on Sapello Island, in said county of Mcintosh, against trespass.
Abo, a bill to authorize the consolidation of the Savannah, Skidaway and Seaboard Railroad Company, and of the Coast Line Railroad Company, and to issue bonds, and for other purposes.
Also, a bill to regulate the manner in which costs in criminal cases shall be paid to the Solicitor General, and other officers of Courts, in the county of Chatham, and the city of Savannah.
Also, a bill to amend an Act to create a County Court for Richmond county.
34

530

Jm;RX.\L oF THE HousE

Also, a bill to amend the charter of the city of Albany.
Also, a bill to authorize the Ordinary of Hall county to sell and convey the pauper farm in said county.
Also, a bill to change the line between the counties of Pulaski and Dodge.
Also, a bill to authorize the Superior Courts of this State to grant corporate powers to certain religious and educational associations, and to amend section 1677 of the Code.
Also, a bill to authorize the Treasurer of Screven county to pay certain officers of the Superior Court of said county.
The Senate has passed the following bills of the House of Representatives, \vith amendments thereto, in which they ask the concurrence of the House of Representatives, to-wit:
A bill to amend an Act to establish a City Court in the city of Atlanta, approved December 15, 1871.
Also, a bill to change the corporate limits of Camilla, in the county of Mitchell.
Also, a bill to reduce the compensation of Tax Collector and Tax Receiver and Treasurer of the county of \Vilkinson.
Also, a bill to prohibit the sale of spirituous liquors within one mile of the Georgia Railroad depot at Lithonia.
Also, a bill to consolidate the offices of Tax Receiver and Tax Collector with the office of Sheriff, in the county of Union.
Also, a bill to license the keeping of dogs in this State, and for the protection of sheep raising, and for other purposes.
The Senate has passed the following bills, to-wit:
A bill to incorporate the Atlanta Glass Plate Insurance Company of Georgia.
Also, a bill to transfer Calhoun county from the Albany Circuit to the Pataula Judicial Circuit.

FEBRUARY IS, I876.

531.

Mr. Peeples introduced the following resolution, whicl~ was agreed to, to-wit:
A resolution limiting debate on all measures before the House, from now until the close of the present session, to five minutes.
The regular order of business being the reading of House bills the third time, the following bills were read the third time and disposed of as hereinafter specified, to-wit:
A bill to amend an Act entitled an Act to amend and add to an Act to prescribe the mode of granting license to sell intoxicating liquors in the counties of Jefferson, Burke and Washington, approved February 20, 1873, and for other purposes. Recommitted to the Committee on the Judiciary.
Also, a bill to regulate the traffic in seed cotton, and for other purposes. Lost.
Also, a bill to amend the Act of February 22, I 87 5, extending section 46oo of the Code. Passed.
Also, a bill to establish market overt in certain cases, on request of the grand jury. Laid on the table.
Also, a bill to compensate the Ordinaries of this State, and for other purposes. Lost.
Also, a bill to define the duties and fix the liability of Receivers appointed for railroad companies in certain cases, and for other purposes. Passed as amended.
Also, a bill to regulate the legal advertising of the several counties of this State. Lost.
Also, a bill to allow M. B. Elrod, of Jackson county, to peddle without license. Lost.
Also, a bill to alter and amend an Act, approved February 23, 1875, entitled an Act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes. Passed as amended.
Also, a bill to prohibit the sale of intoxicating liquors or alcoholic bitters, in quantities less than five gallons, within

53~

} OCRXAL OF THE Hot:SE

two miles of the Female Seminary, in the town of Fort Valley, except in certain cases therein specified.
The Committee on Corporations reported the bill back to the House, with the recommendation that it do pass by substitute.
Mr. Speer offered an amendment to the substitute and its caption, extending the provisions of the Act so as to include within its operation Swing Side Station, in Spalding county, which were adopted.
The report of the committee was then agreed to, and the bill as amended then passed.
Also, a bill to repeal an Act to create a Board of Commissioners for the county of Gwinnett, approved August 26, 1872, and the amendatory Act, approved March 2, 1875 Indefinitely postponed.
Also, a bill to prevent the killing of partridges and wild turkeys by shooting, hunting, trapping and netting, in the county of Greene, and for other purposes. Passed.
Also, a bill to alter, amend and consolidate the various road la\\s applicable to the county of Chatham, and for other purposes. Passed.
Also, a bill to exempt from jury duty, in the courts of the county of Fulton, certain members of the Fulton Blues, a military company of said county. Passed.
Also, a bill to repeal an Act, approved February 20, 1873, entitled an Act to amend the garnishment laws of this State. Lost.
Also, a bill to amend an Act, approved December 13, 1871, entitled an Act to provide for a Board of County Commissioners for the county of Decatur, and for other purposes. Passed.
Also, a bill to relieve plaintiffs in fl. fa. in certain cases from the costs of advertising judicial sales. Lost.
Also, a bill to amend section 2617 of the Code of 1873, relating to the sale of land, lying in this State, by foreign executors and administrators. Amended and passed.

FEBRUARY IS, 1876.

533

Also, a bill to constitute the Sheriff of Cobb county exofficio Tax Collector of said county, and for other purposes. Passed.
Also, a bill to provide for the payment of insolvent costs of the officers of the Superior Court of the county of Clarke. Passed.
Also, a bill to alter and amend section 295 of the Code of 1873, and for other purposes. Lost.
Also, a bill to change the time for holding the Superior Court for the county of Cherokee. Passed.
Also, a bill to alter and amend section 283 of the Code of 1873. Lost.
Also, a bill to make compounding certain larcenies below the grade of felony penal, and to prescribe a penalty therefor. Lost.
Also, a bill to make penal the harboring, securing, entertaining, employing, or keeping escaped convicts from the Penitentiary and chain gangs of this State, and prescribing a penalty therefor. Passed.
Also, a bill providing for the purchase by the State of one thousand copies of a volume entitled ''Hopkins' Annotated Penal Laws of Georgia."
The Committee on the Judiciary reported this bill back to the House, with the recommendation that it do pass by substitute.
The House went into Committee of the \Vhole for the further consideration of the bill.
Mr. Shewmake, chairman of the Committee of the Whole, reported the bill back to the House, with the recommendation that it do not pass.
By leave of the House, the bill was then withdrawn. Also, a bill to alter and amend section 529 of the Revised Code of Georgia. \Vithdrawn. Also, a bill to reduce the compensation of the Tax Collector and other officers of the county of Butts. Passed. Also, a bill to suppress swindling by three-card monte and other devices. Lost.

534

JOVRXAL OF THE HOUSE

Also, a bill to appropriate money to meet the extraordinary expenses incurred by certain counties of this State, and the citizens thereof, in quelling disturbances of the peace in said counties during the year 1875
The Committee on Finance, to whom this bill had been referred, reported the bill back, \\ith the recommendation that it do pass by substitute.
The House went mto Committee of the \Vhole for the further consideration of the bill.
Mr. Adams, chairman of the Committee of the \Vhole, reported the bill back to the House, with the recommendation that it do pass as amended.
Mr. Pitman offered the following amendment to the bill, which was adopted, to-wit: "Pmvided, that this Act shall not include the expenses of any company serving without authority of the Governor."
The report of the committee as amended was agreed to, and the bill as amended then passed.
Also, a bill to amend section I 844 of the Code, in relation to the issuing of executions by Ordinaries against guardians in this State. Passed.
Also, a bill to prohibit hunting and fishing on the lands of another in the county of Terrell. Lost.
Also, a bill to amend an Act, approved August 27, 1872, entitled an Act to incorporate the town of Butler, in Taylor county. Passed.
Mr. Bacon, chairman of the Committee on Corporations, submitted the following report, to-wit :
.llr. Sjeakcr:
The Committee on Corporations have had under consideration the following bills, which they have instructed me to report back to the House, with the recommendation that they do pass, to-wit :
A bill to be entitled an Act to amend an Act incorporating the town of Smyrna, in the county of Cobb, approved August 23, 1872.

FEBRUARY 18, 1876.

535

Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of \Vhitesburg, in the .county of Carroll, approved March 2, 1874.
Also, a bill to be entitled an Act to amend an Act incorporating the town of Homerville, in the county of Clinch, approved February 15, 1869.
Also, a bill to be entitled an Act to incorporate the town of Duluth, in the county of Gwinnett, and for other purposes.
Also, a bill to be entitled an Act to change the corporate line of the city of Cartersville, Bartow county.
Also, a bill to be entitled an Act to incorporate the town of Oconee, in the county of \Vashington; to appoint Commissioners for the same ; to define the corporate limits of said town, and to confer certain powers upon the officers of said corporation.
The committee ha\e also had under consideration the following bills, which they have instructed me to report back to the House with amendments, and with the recommendation that said bills do pass as amended, to-wit:
A bill to be entitled an Act to incorporate the town of Stockton, in the county of Clinch, and to confer certain powers upon the Town Council of said tO\m.
Also, a bill to be entitled an Act to alter and amend the charter of the town of DeSoto, in the county of Floyd, and for other purposes.
The committee have also had under consideration a bill to be entitled an Act to amend the Act incorporating the town of Slatenville, and for other purposes, which they have instructed me to report back with a substitute, and with the recommendation that said substitute do pass in lieu of the original bill.
The committee ha\e also had under consideration the following bills, which they have instructed me to report back to the House, with the recom.mendation that the .same do not pass, to-wit:

536

JocRxAL OF THE HousE

A bill to be entitled an Act to incorporate the Franklin Male and Female Academy, in the county of Heard.
Also, a bill to be entitled an Act to amend an Act entitled an Act to incorporate the town of Tennille, in the county of \Vashington, and to appoint Commissioners for the same; to define the limits of said town, and to confer certain powers upon the officers of said corporation, approved March 4,